Monmouth County Correctional Institution (new Jersey) Intergovernmental Service Agreement (igsa) With Ice

INTBR-GOVERNMENTAL SERVICE AGREEMENT BKJWEBNTHE

UNITED STArns DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRAl'lON.AND CUSTOMS ENFOItCBMRNT O~CEOFD~ONANDREMOVAL AND

MONMOUTH COUNIY CORRECTIONAL INSTITUTION

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This Inter-Governmental Service Agreement Agreement") is entered into between United States Department of Homeland Security Immigration and Customs Enforcement ("ICE"), and

Monmouth County Correctional Institution (~ee Provider") for the detention and care of aliens ("detainees"). The term "Parties" is used in this Agreement to refer jointly to ICE and the Service Provider. FACU,ITY LOCATION: The Service Provider shall provide detention services for detainees at the following institution(s);

Monmouth County Correctional Institution 1 Waterworks Road P.O. Box 5007 Freehold, NJ o'7'71t8 Article I. Purpose A. PuIPQse: This.Agreement is for the detention, and care of persons detained under the authority of Immigration and Nationality Act, as amended. All persons in the custody ofICE are considered "'administrative detainees-. The term "administration detainees" means the detainees are not chaxged with crimin.al violations and are only held in custody to assure their presence throughout the administrative hearing process and, if determined by a final oroer by the Immigration Court. the Board of Iromigration Appeals or other Federal judicial body, the detainee's removal from the

United States. B. Responsibilities: This Agreement sets forth the responsibilities ofICE and the Service Provider. The Agreement states the services the Service Provider shall perform satisfactorily to receive payment from ICE at the rate prescr:ibed in Article L C.

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Guidan ce: This is a fixed rate agreement, not a cost reimbursable agreement, with. day rate. The detainee day rate is $105.00. ICE shall be responsible for reviewing and approving the costs associated with this Agreement and subsequent modifications utilizi.ng all applicable federal procurement laws. regulations and standards in arriving at the detainee day rate.

respect to the detainee

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Article II. General A Funding; 'The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct performance of any other services untiJ ICE has the appropriate funding. Orders will be placed under this Agreement when specific requirements have been identified and funding obtained. Performance under this Agreement is not authorized until the Contracting Officer issues an order. in writing. The effective date of the Agreement will be negotiated and specified in a delivery order to this Agreement that is supported by the ICE Contracting Officer. This Agreement is neither binding nor effective unless signed by the ICE Contracting Officer. Payments at the approved rate will be paid upon the return of the signed Agreement by the authorized Local Government official to ICE.

B. Subcontractors: The Service Provider shall notify and obtain approval from the ICE Contracting Officer's Technical Representative (COTR.) or ICE Designated Officlal if it intendS to house ICE detainees in a facility other than the Monmouth County Correctional Institution. If either that facility, or any future facility is operated by an entity other than the Service Provider, ICE shall treat the entity as a subcontractor to the Service Provider. The Service Provider shall obtain the Contracting Officer's approval before subcontracting the detention and care of detainees to another entity. The Contracting Officer has the right to deny, withhold, or withdraw approvaJ of the proposed subcontractor. Upon approval by the Contracting Officer, the Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide ICE with copies of all subcontracts. All payments will be made to the Service Provider. ICE will not accept invoices from, or make payments to a subcontractor.

C. Consistent with Law: This is a firm fixed rate agreement, not cost reimbursable agreement This Agreement is permitted under applicable statutes, regulation, policies or judicial mandates . .Any provision of this Agreement contrary to applicable statutes, regulation, policies or judicial mandates is null and void and shall not necessarily affect the balance of the Agreement. .

Article lli. Covered Services A

BedsJ>ace: The Service Provider shall provide male/female beds on a space available basis. The Service Provider shall house all detainees as determined within the Service Provider's classification system. ICE will be financially liable only for the actual detainee days as defined in Paragraph C of Article m.

B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement In providing these services. the Service Provider shaD ensure compliance with all applicable laws, regulations, fire and safety codes, policies and procedures. If the Service Provider determines that ICE has delivered a person for custody who is under the age of eighteen (18), the Service Provider shall not house that person with adult detainees and shall immediately notify the ICE Designated Official. The types and levels of services shall be consistent with those the Service Provider routinely affords other inmates. 2

C. Unit of Service and Financial Liability; The unit of service is called a "detainee daY-,and is defined as one person per day. The detainee day begins on the date of arrival. The Service Provider may bill ICE for the date of arrival but not the date of departure. The Service Provider sball not charge for costs, which are not directly related to the housing and detention of detainees. Such costs include but are not limited to; 1) Salaries of elected officials 2) Salaries of employees not directly engaged in the housing and detention of detainees 3) Indirect costs in which a percentage of local government costs are prorated and applied to individual departments unless, those cost are allocated under an approved Cost Allocation Plan 4) Detainee services which are not provided to, or cannot be used by Federal detainees 5) Operating costs of facilities not utilized by Federal detainees 6) Interest on borrowing (however represented), bond disoounts, costs of financing/refinancing, except as prescribed by OMB Circular A-87. 7) Legal or professional fees (specifically legal expenses for prosecution of claims against the Federal Government, legal expenses of individual detainees

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or inmates) 8) Contingencies

D. IntetPNtive Services: The Service Provider shall make special provisions for nonEnglish speaking, handicapped or illiterate detainees. ICE will reimburse the Service Provider for the actual costs associated with providing commercial written or telephone language interpretive services. Upon request, ICE will assist the Setvice Provider in obtaining translation services. The Service Provider shall provide all instructions verbally either in English or the detainees' language, as appropriate, to detainees who cannot read. The Service Provider shall include the actual costs that the Service Provider paid for such services on its monthly invoice. Except in emergency situations, the Service Provider shall not use detainees for translation services. If the Service Provider uses a detainee for translation service, it shall notify ICE within twenty-four (24) hours of the translation service.

Article IV. Receiving and DiBeharging Detainees A R.eqyired Activity; The Service Provider shall receive and discharge detainees only to and from properly identified ICE personnel or other properly identified Federal law ,enforcement officials with prior authorization from DHS/ICE. Presentation of U.S. Government identification shall constitute "proper identification." The Service Provider shall furnish receiving and discharging services twenty-four (24) hours per day, seven (7) days per week. ICE shall furnish the Service Provider with reasonable notice of receiving and dischargi.ng detainees. The Service Provider shall. ensure positive identification and recording of detainees and ICE officers. The Service Provider shall not permit medical or emergency discharges except through coordination with on-duty ICE officers. B. Emergenc;y Situations: ICE detainees shall not be released from the facility into the custody of other Federal, state, or local officials for any reason, except for medical or emergency situations, without express authorization of ICE.

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C. Restricted Release of Detainees: The Service Provider shall not release ICE detainees from its physical custody to any persons other than those described in Paragraph A of Article IV for any reason, except for either medical. other emergency situations, or in response to a federal writ of habeas corpus. If an ICE detainee is sought for federal, state, or local proceedings, only ICE may authorize release of the detainee for such purposes. The Service Provider shall con,tact the ICE Designated Official immediately regarding any such requests. D. Service Provider Right of Refusal; The Service Provider retains the right to refuse acceptance, or request removal of any detainee exhibiting violent or disruptive behavior, or of any detainee found to have a medical condition that requires medical care beyond the scope of the Service Provider's health care provider. In the case of a detainee already in custody, the Service Provider shall notify ICE and request such removal of the detainee from the Facility. The Service Provider shall allow ICE reasonable time but

not more than 72 hours to remove a detainee upon our request. E. Emergency Evacuation: In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider's authority. The Service Provider shall notify the ICE COTR or ICE Designated Official within two (2) hours of evacuation.

Article V. DBS/ICE Detention Standards

SATISFACfQRYPERFOBMANCE: The Service Provider is required to house detainees and perform related detention services

in accordance with the most current edition of ICE National Detention Standards Orttpj I/www.ice.gov!PartnersLdro/QpsmaDuaI/index.htm). ICE Inspectors will conduct periodic inspections of the facility to assure compliance with the ICE National Detention Standards.

Article VI. Medical Services A. Auspices of Health Authority: The Service Provider shall provide ICE detainees with onsite health care services under the control of a local government designated Health Authority. The Service Provider shall ensure equipment, supplies, and materials, as required by the Health Authority, are furnished to deliver health care on-site.

B. l&vel of Professionalism; The Service Provider shall ensure that all health care service providers utilized for ICE detainees hold current licenses, certifications. and/or registrations with the State and/or City where they are practicing. The Service Provider shall retain a registered nurse to provide health care and sick ca.1l coverage unless expressly stated otherwise in this Agreement In the absence of a health care professional, non-health care personnel may refer detainees to health care resources based upon protocols developed by United States Public Health Service (USPHS) Division of Immigration Health Services (DmS).

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C. AccesS to Health Care: The Service Provider shall ensure that on-site medical and health care coverage as defined below is available for all ICE detainees at the facility for at least eight (8) hours per day. seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver the complaints in writing to the medical and health care staff. The Service Provider shall furnish the detainees instructions in his or ber native language for gaining access to health care services as prescribed in Article IIl, Paragraph D. D. Qn-Site Health Care: The Sel"\1ice Provider shall furnish on-site health care under this Agreement. The Service Provider shall not charge any ICE detainee an additional fee or Co-payment for medical services or treabnent provided at the Service Provider's facility. The Service Provider shall ensure that ICE detainees receive no lower level of on-site medical care and services than those it provides to local inmates. On-site health care services shall include arrival screening within twenty-four (24) hours of arrival at the Facility, sick call coverage. provision of over-the-counter medications, treatment of minor injuries (e.g. lacerations, sprains, and contusions). treatment of special needs and mental health assessments. Detainees with chronic conditions shall receive prescribed treatment and follow-up care. E. Arriyal Screening: Arrival screening shall include at a minimum TB symptom screening, planting of the Tuberculin Skin Test (PPD), and recording the history of past and present illnesses (mental and physical). The health care service provider or trained health care personnel may perform the arrival screening. F. Acceptance of J)e1l!j nees with Extreme Health Conditions; If the Service Provider determines that an ICE detainee has a medical condition which renders that person unacceptable for detention under this Agreement. (for example, contagious disease. condition needing life support, unrontrollable violence), the Service Provider shall notify the ICE COTR or ICE Designated OfficiaL Upon such notification the Service Provider shall allow ICE reasonable time but not longer than 72 hours to remove a detainee. G. DIHS fre=Aru!roval for Non-EmergenCY Off-5jte Care: The Service Provider shall obtain

DruS approval for any non-emergency, off-site healthcare for any detainee. DIHS acts as the agent and :final health authority for ICE on all off-site detainee medical and health related matters. The relationship of the DIllS to the detainee equals that ofphysician to patient The Service Provider shall release any and all medical information for ICE detainees to the DillS representatives upon request The Service Provider shall solicit DIHS approval before proceeding with non-emergency, off-site medical care (e.g. off site lab testing, eyeglasses, cosmetic dental prosthetics, dental care for cosmetic purposes, prescription medications). The Setvice Provider shall submit supporting documentation for non-routine, off-site medical health services to DIHS. For medical care provided outside the facility, DIHS may determine that an alternative medical provider or institution is more cost-effective or more aptly meets the needs of ICE and the detainee. ICE may refuse to reimburse the Service Provider for non-emergency medical rosts incurred that were not pre-approved by the DillS. The Service Provider shall send all requests for pre-approval for non-emergent off-site care to: Phone: (888) 718-8947 F~ (866)475-9349 5

Via website: www.inshealth.org

The Service Provider is to notify all medical providers approved to furnish off-site health care of detainees to submit their bills in accordance with instructions provided to: United States Public Health Services Division of Immigration Health Services 1220 L Street, NW PMB 468 Wasbington, DC 20005-4018 (Phone); (888)-718-8947 (FAX): (866)-475 9349 VIa. website: www.inshealth.org 4

H. Emergency Medical Care: The Service Provider shall furnish twenty-four (24) hour emergency medical care and emergency evacuation procedures. In an emergency, the Service Provider shall obtain the medical treatment required to preserve the detainee's health. '!be Service Provider shall have access to an off-site emergency medical provider at aU times. The Health Authority of the Service Provider shall notify the DIHS Managed Care Coordinator by calling the telephone number listed in paragraph G above as soon as possible, and in no case more than seventy-two (72) hours after detainee receipt of such care. The Health Authority will obtain pre-authorization from the DIHS Managed Care Coordinator for service(s) beyond the initial emergency situation.

L Off-Site Guards: The Service Provider shall provide guards at all times detainees are admitted to an outside medical facility.

J . DIHSYISits: The Service Provider shall allow DllIS Managed Care Coordinators reasonable access to its facility for the purpose of liaison activities with the Health Authority and associated Service Provider departments.

Article VU. No Employment of Unauthorized Aliens Subject to existing laws, regulations, Executive Orders, and addenda to this Agreement, the Service Provider shall not employ aliens unauthorized to work in the United States. Except for maintaining personal living areas, ICE detainees shall not be required to perform manual labor.

Article Vlll. Period of Performance A 'I1lls Agreement shall become effective upon the date of final signature by the ICE Contracting Officer and the authorized signatory of the Service Provider and will remain in effect indefinitely unless terminated in writing, by either party. Either party must provide written notice of intentions to terminate the agreement, 60 days in advance of the effective date of formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article X. B. Basis for Price Adjustment: A firm fixed price with economic adjustment provides for 6

upward and downward revision of the stated Per Diem. based upon cost indexes of labor . and operating expenses, or based upon the Service Provider's actual cost experience in providing the service.

Article IX. Inspection A. Jail Agreement lMpection Report: The Jail Agreement Inspection Report stipulates minimum requirements for fire/safety code compliance. supervision, segregation. sleeping utensils, meals, medical care, confidential communication, telephone access, legal counsel, legal library, visitation, and recreation. The Service Provider shall allow ICE to conduct inspections of the facility, as required, to ensure an acceptable level of services and acceptable conditions of confinement as determined by ICE. No notice to the Service Provider is required prior to an inspection. ICE will conduct such inspections in accordance with the Jail Agreement Inspection Report. ICE will share findings of the inspection with the Service Provider's facility administrator. The Inspection Report will state any improvements to facility operation, conditions of confinement, and level of service that will be required by the Service Provider.

B. Possible TerminAtion: If the Service Provider fails to remedy deficient service identified through an ICE inspection, ICE may terminate this Agreement without regard. to the provisions of Articles VITI and X. C. Share Findjngs: The Service Provider shall provide ICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. D.

Access to Detainee Records: The Service Provider shall. upon request, grant ICE access to any record in its possession, regardless of whether the Service Provider created the . record, concerning any detainee held pursuant to this .Agreement. This right of access shall include, but is not limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the detainee's behavior while in the Service Provider's custody. Furthermore. the Service Provider shall retain all records where this right of access applies for a period of two (2) years from the date of the detainee's discharge from the Service Provider's custody.

Article X. Modifications and Disputes A. Modifications: Actions other than those designated in this Agreement will not bind or incur liability on behalf of either Party. Either party may request a modification to this Agreement by submitting a written request to the other Party. A modification will become a part of this Agreement only after the ICE Contracting Officer and the authorized signatoxy of the Service Provider have approved the modification in writing.

B. Disputes: The ICE Contracting Officer and the authorized signatoxy of the Service Provider will settle disputes, questions and concerns arising from this Agreement. Settlement of disputes shall be memorialized in a written modification between the ICE Contracting Officer and authorized signatory of the Service Provider. In the event a dispute is not able to be resolved between the Service Provider and the ICE Contracting

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Officer, the ICE Contracting Officer will make the final decision. If the Service Provider does not agree with the final decision, the matter may be appealed to the ICE Head of the COntracting Activity (HCA) for resolution. The ICE HCA may employ all methods available to reSolve the dispute including alternative dispute resolution techniques. The Service Provider shall proceed diligently with performance of this Agreement pending final resolution of any dispute.

Article XI. Adjusting the Detainee Day Rate ICE shall reimburse the Service Provider at the fixed detainee day rate shown on the cover page of the document, Article I. (C). The detainee day rate shall be fixed for three (3) years pending an audit and/or the submission of actual costs. After the three (3) year period the Parties may adjust the rate 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 ICE does not receive an official request for a detrlnee day rate adjustment that is supported by an ICE Jail Services Cost Statement, the fixed detainee day rate as stated in this Agreement will continue untJ1 an official adjustment is requested by the Service Provider. See Article X A.

ICE reserves the right to audit the actual and/or prospective costs upon which the rate adjusbnent is based. All rate adjustments are prospective. As this is a fixed rate agreement, there are no retroactive adjustment(s). Article XII. Enrollment, Invoicing, and Payment A.

Enrollment in Electronic ~ Transfer: The Service Provider shaD provide ICE with the information needed to make payments by electronic funds transfer (EYf). Since January 1, 1999, ICE makes all payments only by EFI'. The Service Provider shall identify their financial institution and related information on Standard Form 3881, Automated Clearing House (ACH) Vendor Miscellaneous Payment Enrollment Form. The Service Provider shall submit a completed SF 3881 to ICE payment office prior to submitting its initial request for payment under this Agreement. If the EFT data changes, the Service Provider shall be responsible for providing updated information to the ICE payment office.

B. Invoicing: The Service Provider shall submit an original itemized invoice containing the following information: the name and address of the facility; the name of each ICE . detainee; detainee's A-number; specific dates of detention for each detainee; the total number of detainee days; the daily rate; the total detainee days multiplied by the daily rate; an itemized listing of all other charges; and the name, title, address, and phone number of the local official responsible for invoice preparation. The Service Provider shall submit monthly invoices within the first ten (10) working days of the month following the calendar month when it provided the services, to: Department of Homeland Security ATIN: Immigration and Customs Enforcement Deportation Unit - New York Field Office 26 Federal Plaza, Room 1104

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New York, NY 10278 Phone: 212-264-5085 Fax: 212-264-5939 C. Payment: ICE will transfer funds electronically through either an Automated Clearing House subject to the banking laws of the United States, or the Federal Reserve WIre Transfer System. The Prompt Payment Act applies to this Agreement. 11te Prompt Payment Act requires ICE to make payments under this Agreement the thirtieth (30th) calendar day after the ICE Deportation office receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Prompt Payment Act requires ICE to pay interest on overdue payments to the Service Provider. ICE will determine any interest due in accordance with the Prompt Payment Act.

Article XIII. Govenunent Funrlshed Property A.

Federal Pro.perty Furnished to the Service Provider: ICE may furnish Federal Government property and equipment to the Service Provider. Accountable property remains titled to ICE and shall be returned to the custody of ICE upon termination of the Agreement. The suspension of use of bed space made available to ICE is agreed to be grounds for the recall and return of any or all government furnished property.

B. Service Provider Responsibility: The Service Provider shall not remove ICE property from the facility without the prior written approval of ICE. The Service Provider shall report any loss or destruction of any Federal Government property immediately to ICE.

Article XIV. Hold Hannless and Indemnification Provisions A Service Provider Held Harmless: ICE shall. subject to the availability of funds, save and hold the Service Provider harmless and indemnify the Service Provider against any and all liability claims and costs of whatever kind and nature, for injury to or death of any person(s), or loss or damage to any property, which occurs in connection with or is incident to performance of work under the terms of this Agreement, and which results from negligent acts or omissions of ICE officers or employees, to the extent that ICE would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 et seq. B. Federal Government Held Harmless: The Service Provider shall save and hold harmless and indemnify federal government agencies to the extent allowed. by law against any and all liability claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with, or in any way incident to or arising out of the occupancy, use, service, operation or performance of work under the tenets of this Agreement, resulting from the negligent acts or omissions of the Service Provider, or any employee, or agent of the Service Provider. In so agreeing, the Service Provider does not waive any defenses, immunities or limits of liability available to it under state or federal law.

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C. Defense of Suit: In the event a detainee files suit against the Service Provider oontesting the legality of the detainee's incarceration and/or immigration/citiZenship status, ICE shall request that the U.S. AttorneYs Office, as appropriate, move either to have the Service Provider dismissed from such suit, to have ICE substituted. as the proper party defendant; or to have the case removed to a oourt of proper jurisdiction. Regardless of the decision on any such motion, ICE shall request that the U.S. Attorney's Office be responsible for the defense of any suit on these grounds.

D. ICE Recoye[Y Right:: The Service Provider shall do nothing to prejudice ICE's right to recover against third parties for any loss, destruction of, or damage to U.S. Government property. Upon request of the Contracting Officer, the Service Provider shall, at ICE's expense, furnish to ICE all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the instruments of assignment in favor of ICE in obtaining recovery. Article xv. Financial Records A

Retention of Records: All financial records, supporting documents, statistical records, and other records pertinent to contracts or subordinate agreements under this Agreement shall be retained by the Service Provider for three (3) years for purposes of federal examinations andaudit. The three (3) year retention period begins at the end of the first year of completion of service under the Agreement. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three (3) year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular three (3) year period, whichever is later.

B. .Access to Records: ICE and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its sub-contractors, which are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. C. DelinWIent Debt COllection: ICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Government. ICE shall apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service Provider pursuant to the Debt Collection Improvement Act of 1982, as amended.

Article XVI. Guard{l'ransportation Services A.. Transport Services Rate: The Service Provider shall be reimbursed for providing transportation and/or guard services at an area hospital and/or any other miscellaneous locations. 'l1le Service Provider shall be reimbursed for actual costs to be itemized on the monthly invoice as needed. At least two (2) qualifi.ed. law enforcement or correctional officer personnel 10

employed by the Service Provider under their policies t procedures and practices will perform transport services. B. Medical Transportation: Transportation and/or escort/stationary guard servi~ for ICE detainees housed at the Service Provider's facility to and from a medical facility for outpatient care. and transportation and/or escort guard services for ICE detainees housed at the Service Provider's facility admitted to a medical facility. An officer or officers. shall keep the detainee under constant supervision twenty-four (24) hours per day until the detainee is ordered released from the hospital, or at the order of the ICE COTR or ICE Designated Ofticlal. The Service Providers agrees to augment such practices as may be requested by ICE to enhance specific requirements for security. , detainee monitoring. visitation and contraband control.

C. Indemnities: Furthermore, the Service Provider agrees to hold harmless and indemnify DHS/ICE and its officials in their official and individual capacities from any liability. including third-party liability or worker's compensation, arising from the conduct of the Service Provider and its employees during the course of transporting ICE detainees. D. Personal Vehicles: The Service Provider shall not aTIow employees to use their personal vehicles to transport detainees. The Service Provider shall furnish vehicles equipped with interior security features including physical separation of detainees from guards. The Service Provider shall provide interior security specifications of the vehicles to ICE for review and approval prior to installation. E. Trainjng and Compliance: The Service Provider shall comply with ICE transportation standards Ortt;p: !/www.ice.govroartners/dro/opsmanual/index.htm) related to the number of hours the Provider's employee may operate a vehicle. The transportation shall be accomplished in the most economical manner. The Service Provider personnel provided for the above services shall be of the same qualifications. receive training. complete the same security clearances. and wear the same uniforms as those personnel provided for in other areas of this agreement.

F. Same Sex 'fl'an§port: During all transportation activities, at least one (1) officer shall be the same sex as the detainee. Questions concerning guard assignments shall be directed to the ICE COTR. or ICE Designated Official for final detennination. G. Miscellaneous Transportation: 'The ICE COTR or ICE Designated Official may direct the Service Provider to transport detainees to unspecified, miscellaneous locations. H. Billing Procedures: The itemized monthly invoice for such stationary guard services shall state the number of hours being billed. the duration of the billing (times and dates) and the name of the detainee(s) that was guarded.

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INWlTNFBS WHEREOF, the undersigned, duly authorized officers, have subscribed their names on behalf of the Monmouth County Sheriffs Department and Department of Homeland Security, U.S. Immigration and Customs Enforcement.

ACCEPTED:

ACCEPTED:

U.S. Immigration and Customs Enforcement

Monmouth County Sheriffs Office

Contra"g Offi~

n- 1

By-~~ckjp4:

Date:

.:;pC!,/0,2

Warden

Date:--"''''-jf"/~C#=-+'i-+-><(Oc......L..''1_ __

CONTRACI1NG OFFICERS' TECHNICAL REPRESENTA11VE (COTR); Ruben Perez is hereby designated as COTR for this Agreement. When and if the COTR duties are reassigned, an administrative modification will be issued to reflect the changes. This designation does not include authority to sign contractual docUments or to otherwise commit to, or issue changes, which could affect the price, quantity, or performance of this Agreement.

The Intergovernmental Service Agreement Number is

DRQI6Sf/ 6 Zo::¥'I

12

I

ORDER FOR SUPPLIES OR SERVICES

I

lMPORTANT:. Mark all packages and papers with contract and/or order numbers.

or

PAGES

3

1

6. SHIP TO:

2. CONTRACT NO. (If any)

1. DATE OF ORDER

PAGE

DROIGSAO"lOOO14/

a. NAME OF CONSIGNEE

08/04/2008 3. ORDER NO.

4. REQUISITION/REFERENCE NO

HSCBDM-08-F-IGG55

See Schedule

ICE Detention

&

Removal

b. STREET ADDRESS

5. ISSUING OFFfCE (Address correspondence to)

ICE/Detention Mngt/Detention IGSAs Irmnigration and Customs Enforcement Office of Acquisition Management 425 I Si~:r.eet Nvl, Suite 2208 Washing Lon DC 20536

I:rn.-rnigration and Customs Enforcement. 801 I Street, NliJ Suite 900

7. TO:

f. SHiP VIA

1d. STATE I: e. ZIP CODE

c. erN tvasnington

20536

DC

a. NAME OF CONTRACTOR

COUNTY OF MONMOUTH

8. TYPE OF ORDER

b. COMPANY NAME

o

c. STREET ADDRESS

REFERENCE YOUR:

[KJ

a. PURCHASE

Except for biKing instructions on the reverse. this delivery order is subject to instru.elions OOltained on this side only of this form and is issued subject to the tem1S and cond ~ ions of the aoove-nurnbered contract.

PO BOX 1256 :rINk."lCE DEPT 3RD FLOOR

I fl. STATE I;f. ZIP CODE

d. CITY

FREEHOLD

NJ

Please furnish the following on the terms and conditions specified on both sides of this order an d on the attached sheet, if any. iooud:ng delivery as indicated,

077281256

9. ACCOUNTING AND APPROPRIATION DATA

10. REQUISITIONING OFFICE

See Schedule

ICE Detention

11. BUSINESS CLASSIFICATION (Check appropriate bax(es))

D a. SMAl l

o

\

[ ] b. OTHER THAN SMALl

d. WOMEN-OWNED

l

[ ] e. HUBZone

13. PLACE OF

a. INSPECTION

c, DISADVANTAGED

&

Removal 12. F.O.B. POINT

D g. SERVICE-

D f. EMERGING SMALt BUSINESS 14. GOVERNMENT Bll NO.

IDestination

Destination

DISABLED VETERAN· OWNED

15. DELIVER TO F.O,B, POINT ON OR BEFORE (Date)

16. DISCOUNT TERMS

30 Days After l-l.ward

b. ACCEP TANCE

Destination

b. DELIVERY

17, SCHEDULE (See reverse forRejoctions)

!TEM NO.

SUPPLIES OR SERVICES

UNIT PRICE

AMOUNT

QUANTITY ACCEPTED

('I

(b)

('I

(~

(g)

068704485

18. SHIPPING POINT

SEES/LUNG INSTRUCTIONS ON REVERSE

19. GROSS SHIPPING WEIGHT

a, NAME

U.S. DEPT . OF HOMELAND SECURITY

b. STREET ADDRESS (orP.a. Box)

u. S.

. INVOICE NO.

949,168.00

IMfvlIG. AND CUSTOMS ENFORCEMENT

OFFICE OF DETENTION AND REMOVAL 801 I STREET, N .l;., SUITE 800

17(i) GRAND

TOTAL

949,168.00

C. CITY

WASHINGTON

20536

22. UNITED STATES OF AMERICA BY (Signature)

~

Susan D. Erickson TiTlE: CONTRACTING/ORDERING OFFICER OPTIONAL FORM 347 (R ••. 3i"l\)!)5 )

PREVIOUS EDITION Nor USABLE

P~b"d

lrl GSAlFAA

~a

CHl

iS3.~1~ e )

ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION DATE

OROER NO.

08/0412008 DROIGSA07000141

HSCEDM-08-F-IG055

ITEM NO.

SUPPLIES/SERVICES

(A)

(0)

(8)

UNIT PRICE (E)

AMOUNT

QUANTITY

ACCEPTED (F)

(G)

05/01/2008 to

0001

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IK" qlll';l'tion No: FNY0800 31. 1 Info: MOLS - SEE REQUISITION $1,199,168.00

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FUNDING IKE'q1llsition No: FNY080031.2

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LATHAM&WATKI N SLLP

MEMORANDUM September 28,2007

FIRM I AFFILIATE OFFICES

Barcelona

New Jersey

Brussels

New York

Chicago

Northern Virginia

Frankfurt

Orange County

Hamburg

Paris

Hong Kong

San Diego

London

San Francisco

Los Angeles

Shanghai

Madrid

Silicon Valley

Milan

Singapore

Moscow

Tokyo

Munich

Washington. D.C.

CONFIDENTIAL

To: From: Copies to:

Subject:

John P_ Torres, Director, Office of Detention and Removal, Immigration and Customs Enforcement American Bar Association Delegation to the Monmouth County Correctional Institute 1 Commission on Immigration Report on Observational Tour ofthe Monmouth County Correctional Institute, Freehold, NJ

This memorandum summarizes and evaluates information gathered at the Monmouth County Correctional Institute ("MCCI" or "the facility") in Freehold, New Jersey, during the delegation's August 1,2007 visit to the facility_ The information was gathered via observation of the facility by the delegation, interviews with two detainees, and discussions with MCCI and Immigration and Customs Enforcement ("ICE") personneL

I. ICE DETENTION STANDARDS In November 2000, the Immigration and Naturalization Service (INS),2 promulgated the "INS Detention Standards" to ensure the "safe, secure and humane treatment" of immigration detainees. The thirty-eight standards contained in the Detention Operations Manual cover a broad spectruin of issues ranging from visitation policies to grievance procedures. These standards apply to ICE-operated detention centers and other facilities that house immigration detainees pursuant to a contract or intergovernmental service agreement ("IGSA"). The Detention Standards (the "Standards") went into effect at ICE-operated detention facilities on January 1,2001. ICE intended to phase in the Standards at all ofits contract and I

The delegation was comprised Watkins LLP, J.11"1U.Ullll>

Effective ceased to exist as an agency of the Department of Justice. The INS' immigration enforcement functions were transferred to InmJigration and Customs Enforcement e'ICE"), a division of the newlycreated Department of Homeland Security ("DHS").

2

LATH AM& W AT K I~N SLLP IGSA facilities by December 31, 2002. The Standards constitute a floor rather than a ceiling for the treatment of immigration detainees. In other words, they are designed to establish the minimum requirements to which ICE must adhere in its facilities. Each Field Office or Officerin-Charge has discretion to promulgate polices and practices affording ICE detainees more enhanced rights and protections, beyond those provided for by the Standards.

ll.

INTRODUCTION The Delegation's Visit, August 1,2007

several

On Wednesday, August 1,2007, in Freehold, NJ, the members of our delegation met with ICE

tour of the facility. Our report is based on the discussions we had with these MCCI and ICE employees, as well as observations of the facility and interviews with two immigration detainees. In many instances, the detainees' reports were compatible with statements made by facility personnel and our observations. In such cases, the delegation was able to determine more accurately whether MCCI policy arid procedures successfully meet the Standards. However, in certain instances, the detainees' reports conflicted with statements made by facility personneL Where we were unable to reconcile the conflicting reports, the delegation was unable to determine conclusively whether the Standards are being met.

General Information About the Monmouth County Correctional Institute The Monmouth County Correctional Institute houses federal immigration detainees according to an intergovernmental service agreement ("IGSA") with ICE. According to the MCCI personnel, the Facility has the capacity to hold 1,328 individuals. MCCI has a current population of 1,296 inmates, 147 of whom are immigration detainees. MCCI houses mostly estimated that eleven women were housed males. At the time of our visit, the the delegation that the facility housed there. Warden Frazier and Officer immigration detainees from many countries but could not state with . country was the most represented amongst the detainee popUlation. many of the MCCI's detainees are Spanish speakers. W ofICE detainees stay at MCCI between 60 and 90 days.

ID.

LEGAL ACCESS STANDARDS A. Visitation

1. Visitation by Attorneys

2

LATHAM&WATKINSup

The Standards require that facilities permit legal visitation seven days per week? Attorneys should have access to their clients eight hours per day during the week and four hours per day during the weekend. 4 The visits must be private. 5 Detention centers should permit visits from attorneys, other legal representatives, legal assistants, and interpreters.6 MCCI meets this section of the Standards. The MCCI Inmate Handbook provides that "members of the Clergy, Religious Leaders, and Attorneys shall be allowed to visit their clients as frequently as necessary.,,7 Detainees may meet with their attorneys for eight hours per day during weekdays if necessary, and on the weekends. 8 There are approximately six private attorney visitation booths, including two booths for detainees to connect remotely with courtrooms for hearings. 9 2. Visitation by Family and Friends To maintain detainee morale and family relationships, the Standards encourage visits from family and friends. JO The Standards require thatfacilities establish written visitation hours and procedures, post them where detainees can see them, and make them available to the publicY Visiting hours shall be set on Saturdays, Sundays, and holidays, and the Standards encourage facilities to accommodate visitors at other times when they are facing a particular hardship.12 Visits should be at least thirty minutes long, and longer when possible.1 3 MCCI meets this section of the Standards. The visitation schedule is clearly posted at the entrance to the facility.14 Visiting hours are as follows: Wednesday 12:00 -8:00 p.m. Registration 12:15 - 1:30 p.m~ Male Visits (A-L) 1:45 - 3:00 p.m. Male Visits (M-Z) 3:30 - 4:00 p.m. Female Visits (A-Z) Contact Visits 5:00 - 7:00 p.m.

3

DetentionOperations Manual, Detainee Services, Standard 17, Section III.1.2.

4

Detention Operations Manual, Detainee Services, Standard 17, Section III.1.2.

5

Detention Operations Manual, Detainee Services, Standard 17, Section III.1.9.

6

DetentionOperations Manual, Detainee Services, Standard 17, Section III.1.3.

7

MCCI Inmate Handbook, Section I{E)(7).

8 Notes 9

of delegation m e m b e _ conversation with

Observations of delegation

10

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

II

Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.

12

Detention Operations Manual, Detainee Services, Standard 17, Section III.RI.

13

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

14

Obs~rvations of delegation

3

LATHAM&WATKI NSLLP

Thursday 12:00 - 8:00 p.m. Registration 1:45 - 3:00 p.m. Male Visits (M-Z) 3:30 - 4:00 p.m. Male Visits (A-L) 12:15 - 1:30 p.m. Female Visits (A-Z) Protective Custody 5:00 -7:00 p.m. Friday 8:00 a.m. - 4:00 p.m. Registration 8:30 a.m: - 12:00 p.m. Contact Visits 12:30 - 3:00 p.m. Protective Custody, ADSEG Visits (A-Z) Saturday 8:00 a.m. - 4:00 p.m. Registration 8:00 - 9:30 a.m. Male Visits (A-L) 10:30 - 11 :30 a.m. Male Visits (M-Z) 11 :30 - 12:00 p.m. Female Visits (A-Z) Contact Visits 1:00 - 3 :00 p.m. Sunday 8:00 a.m. - 4:00 p.m. Registration 11:30 - 12:30 p.m. Male Visits (M-Z) 10:30 -11:30 a.m. Male Visits (A-L) 8:00 - 9:30 a.m. Female Visits (A-Z) 15 Contact Visits 1:00 - 3:00 p.m. There is a conflict between the publicly available visiting hours regulations copied above, which allow contact visits on Wednesdays and weekends, and the Handbook, which allows for such visits only on Fridays.16 Visiting hours may be changed with permission ofthe Warden for special circumstances. 17 The visiting areas appeared spacious and clean, with a relatively large number of seats for visitors and inmates. 18 According to the schedule above, each detainee may receive up to five visitors for fifty minutes. 19 Contact visits are available for inmates who have been in the facility ninety days?O Minors may also visit the facility if accompanied by an adult.21

1Il1lmnaUl:m

16

also available at

MCCI Iiunate Handbook, p. S.

17

MCCI Inmate Handbook, p. 9.

18

Observations of delegation member

19

MCCI Inmate Handbook, p. 7; notes of delegation

20

Notes of delegation member • • • •

'Il'••

• • • on interview with detainee"

on conversation with Sherifflll!l

4

LATHAM&WATKI NSLLP

Inmates may leave the facility to attend a bedside visit or funeral of a sick relative, as defined in the Handbook, if a court order is ohtained.22 B. Telephone Access

1. General Requirements The Standards require that facilities provide detainees with reasonable and equitable access to telephones during established facility waking hours?3 In order to meet this requirement, facilities must provide at least one telephone for every twenty-five detainees?4 The Standards also require that telephone access rules be provided in writing to each detainee upon admittance, and that the rules be posted where detainees may easily see them?S MCCI meets this section of the Standards. Each male housing unit has its own set of phones, providing approximately one phone per nine detainees?6 The telephones are accessible during open dayroom periods, between the hours of 9:00 a.m. and 9:00 p.m?7 The one female housing unit had three phones, also accessible between the hours of9:00 a.m. and 9:00 p.m~ (female detainees are housed with female inmates of the appropriate classification in a dormitory-style unit).28 . In the male and female housing units, telephone usage rules and instructions regarding usage of the phones are posted on a bulletin board approximately twenty feet from the phones. These instructions appeared to be in English only.29 The ~hone numbers oflocal consulates and legal service organizations are also posted on this board.3

2. Direct Calls and Free Calls The Standards allow facilities to generally restrict calls to collect calls;31 however, the facility must permit detainees to make direct calls to the local immigration court and the Board ofImmigration Appeals, federal and local courts, consular officials, legal service providers, government offices, and to family members in case of emergency. 32 The facility shall not . 21

MCCI Inmate Handbook, p, 9.

22

MCCI Inmate Handbook, p.9.

23

Detention Operations Manual, Detainee Services, Standard 16, Sections I & IILA.

24

Detention Operations Manual, Detainee Services, Standard 16, SectionIII.C.

25Detention Operations Manual, Detainee Services, Standard 16, Section IILB. 26

Observations of delegation member There are eight phones available in each male detainee housing unit, with approximately l36 male detainees split between the two housing units.

rl

Notes of delegation membeI

28

Notes of delegation member (tJ)(6) member

29. Observations

ii@ on conversation with Officer

of delegation

30

Observations of delegation

31

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

32

Detention Operations Manual, Detainee Services, Standard 16, Section IILE.

5

observations of delegation

LATHAM&WATKI NSLLP

require indigent detainees to pay for these types of calls iflocal, nor for non-local calls if there is a compelling need: 33 In addition, the facility "shall enable all detainees to make calls to the [IeEJ-provided list offree legal service providers and consulates at no charge to the detainee or . . ,,34 th e recelvmg party. . .

MCCI does not meet this section of the Standards: only one legal service provider may be reached free of charge. The detainee housing unit contained a bulletin board with a list of pre-programmed telephone codes for placing direct, free-of-charge calls to local consulates, immigration courts and the Legal Aid Society.35 However, though the numbers for local legal service providers other than the Legal Aid Society are posted, they do not have a preprogrammed telephone code and thus are required to call collect or use a pre-paid 36 stated that they do not have such codes for those calling card to contact them. other service providers because ''those numbers are constantly changing" and it would require too much work to update the pre-programmed codes accordingl~.37 The delegation observed one pre-programmed call to a consulate. 8 According to Sergeant detainees are able to arrange inter-facility telephone calls to immediate family members through the facility's leE representative, who coordinates the call with MeeI's socia:! services department. 39 The delegation was not able to verify whether detainees are able to make such calls in practice. 3. Telephone Access to Legal Representatives The Standards provide that the facility shall not restrict the number of calls a detainee places to his/her legal representatives, nor limit the duration of such calls by automatic cutoff, unless necessary for security purposes or to maintain orderly and fair access to telephones. 4o If time limits are necessary, they shall be no shorter than twenty minutes. 41 The Standards require that the facility ensure privacy for detainees' telephone calls re~arding legal matters, and that . calls shall not be electronically monitored absent a court order. 2

MCCI does not meet this section of the Standards: the facility does not enable detainees to make private legal calls, and all calls are recorded. The facility imposes no time limitation on outgoing telephone calls made by detainees.43 However, detainees are unable to 33 Detention Operations Manual, Detainee Services, Standard 16, Section III.E. 34 Detention Operations Manual, Detainee Services, Standard 16, Section IILE. notes of delegation member . . 36 Notes of delegation 37Notes of delegation 38 Observations of delegation 39 Notes of delegation member 40

n conversation with Sgt.

111M'.'

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

41 Detention Operations Manual, Detainee Services,Standard 16, Section III.F. 42 Detention Operations Manual, Detainee Services, Standard 16, Section lIU. 43 Notes of delegation member • •!I;!;,. . . . on conversation with S g t . " .

6

LATHAM&WATKINSLLP

make private telephone calls, because the phones where detainees make outgoing calls are all are out in the open, located in the public dayrooms with no privacy safeguards.44 The and there are no p~itions.45 Moreover, a~cording to Sgt . . aillhone conv~rsations made on the outgomg phones are automatIcally recorded by the faCIlIty. When placmg outgoing calls, a pre-recorded message informs detainees that the call "may be" monitored or recorded, though according to SgtW'ii'''they are always recorded, without exception.47 There is no procedure in place that allows detainees to make a telephone call that is not recorded.48 One detainee reported that a MCCI employee monitoring a call she made to a family member actually spoke to her on the telephone line during her conversation and then disconnected her call.49

.W,M

According to Sgt. there are no opportunities at MCCI for detainees to have private phone calls with attorneys, even if the calls are initiated by an attorney representing a detainee and are set up in advance. 50

4. Incoming Calls and Messages The Standards require that facilities take and deliver messages from attorneys and emergency incoming telephone calls to detainees as promptly as possible. 51 If the facility receives an emergency telephone call for a detainee, the Standards suggest that the facility obtain the caller's name and number and permit such detainee to return the emergency call as soon as possible.52 MCCI does not meet this section of the Standards. According to staff, incoming phone calls and messages are generally not accepted at MCCI, with the ex.tion of emergency -telephone calls or in other limited circumstances. sgtMUiiJiCexplained to the delegation that the facility does not accept any incoming telephone calls, except in the case of a family emergency or in other limited circumstances to be determined at the facility's discretion. 53 In the case of a family emergency, one ofMCCl's social workers refers the call to the appropriate detainee and provision is made for the detainee to receive or return the call at the social worker's office. 54 The facility generally does not accept incoming phone calls and 44

Observations of delegation

45 Observations of delegation 46Notes of delegation 47

Notes of delegation

48

Notes of delegation

49 Notes

of delegation

50

Notes of delegation member

conversation with Sgt.

51

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

52 Detention Operations Manual, Detainee Services, Standard 16, Section IILL detainees alluded to member.'. 54

Notes of delegation

7

LATHAM&WATKINSup messages from attorneys; instead, detainees must periodically make outgoing calls to their attorneys or receive legal communications via mai1.55

5. Telephone Privileges in Special Management Unit The Standards provide that detainees in the Special Management Unit ("SMU") for disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling . 56 . cond·ItlOns. secunty . MCCI does not fully meet this section of the Standards: detainees in the SMU only have access to a telephone for one hour per day. Detainees at MCCI placed in the SMUfor disciplinary reasons have access to a cordless telephone handset which they can use to make collect calls or calls with a personal calling card. 5 However, the facility limits use of this portable phone to one hour per day, even in the absence of compelling security conditions. 58 . Insofar as the Standards require that telephone calls to legal representatives shall not be limited in number or duration "unless necessary for security purposes or to maintain orderly and fair access to telephones,,,59 MCCl's one hour time limit for detainees in disciplinary segregation, regardless of security concerns, does not meet the Standards. C. Access to Library and Legal Material All facilities with detainees "shall permit detainees access to a law library, and provide legal materials, facilities, equipment and document copying privileges, and the opportunity to prepare legal documents.,,6o 1. Library Access The Standards suggest that each facility shall have a flexible schedule for law library use that permits all detainees, regardless of housing or classification, to use the law library on a regular basis.61 Each detainee shall be permitted to use the law library for a minimum of five . hours per week.62 . MCCI does not fully meet this section of the Standards: detainees are generally only permitted to use the library for three hours and twenty minutes 8er week. MCCI permits all detainees to use the law library, regardless of their classification. MCCI does not, however, meet the time allotments suggested in the Standards. Detainees at MCCI have access to the law on conversation with Sgt. _MlitiM

55

Notes of delegation member

56

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

57

Notes of delegation

on conversation with

58

Notes of delegation

on conversation with

59

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

i;o

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

61

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

62

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

63

Notes of delegation member

conversation with

8

LATHAM&WATKI NSu.p

library for only three hours and twenty minutes per week (fifty minutes on Sundays and two hours and thirty minutes on Thursdays).64 Detainees who are in disciplinary detention have access to the law library for only three hours and twenty minutes per week (one hour and forty minutes on Mondays and fifty minutes on Tuesdays and Wednesdays).65 Occasionally, detainees 66 may return to the law library outside of their normally scheduled hours. This "call back" time is scheduled for five hours and fifty minutes per week (fifty minutes on Sundays through Thursdays and two hours and thirty minutes on Thursdays).67 2. Library Conditions The Standards require that a facility provide a law library with sufficient space to 68 facilitate detainees' legal research and writing. Furthermore, it must be large enough ''to provide reasonable access to all detainees who request its use. It shall contain a sufficient number of tables and chairs in a well-lit room, reasonably isolated from noisy areas.,,69

MCCI meets this section ofthe Standards. MCCI provides a law library that is well-lit and has ample space?O There are numerous tables and chairs along the perimeter of the library, as well as additional tables and chairs in the center ofthe room. 7! The law library is located in an enclosed area that is free of distractions and noise.72

3. Materials Identified in the Detention Standards The Standards require that all facility law libraries contain the materials listed in 73 Attachment A to the chapter on Access to Legal Materials. These materials must be updated regularly, and information must be added on significant regulatory and statutory changes regarding detention and deportation of aliens in a timely manner?4 Damaged or stolen materials 75 . must be promptly replaced.

MCCI does not meet this section of the Standards: most of the legal materials required under the Standards are not accessible to detainees. The Standards state that facilities shall provide: United States Code, Title 8, Aliens and Nationality; Code ofFederal

64

MeeI Law Library Schedule.

65

MeeI Law Library Schedule.

66

Notes of delegation

67

MeeI Law Library Schedule.

on conversation with Sgt. . . .

68

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

69

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

70

Observations of delegation member

71

Observations of delegation member

72

Observations ofdelegation member

73

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

74

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

75

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

9

LATHAM&WATKI NSL1.P

Regulations, Title 8, Aliens and Nationality; Bender's Immigration and Nationality Act Service,Bender's INS Regulation Service,- Administrative Decisions Under Immigration and Nationality Laws,- Immigration Law and Defense,- Immigration Law and Crimes,-. Guide for Immigration Advocates,- Country Reports on Human Practices,- Human Rights Watch - World Report,UNHCR Handbook on Procedures and Criteria for Determining Refogee Status,- Considerations for Asylum Officers Acijudicating Asylum Claims for Women,- Immigration and Naturalization Service Basic Law Manual; Lawyer's Committee Handbook on Representing Asylum Applicants,Federal Civil Judicial Procedures and Rules,- Legal Research in a Nutshell,- Legal Research & Writing_- Some Starting Points,- Spanish-English LaW Dictionary,- Director;:, ofNonprofit Agencies that Assist Persons in Immigration Matters and telephone books_ 6 However, none of these sources are available in the law library at MCCL 77 When asked about these materials, Sgt. that all immigration materials could be found "on the wall at the back" ofthe library. Delegation members inspected all bookshelves in the library, though, and could not locate the sources.79 Sgt. . . . .hen stated that the immigration materials could be found on aLexis N exis CD-ROM loaded into all of the library computers. 80 There were four computers in the library; three had signs taped over them reading "For Library Personnel, No Inmate Use.,,81 The one com.uter not so designated 82 did not have the Lexis Nexis CD-ROM software uploaded. Sgt_M.¥ $;When attempted to locate the software on one of the computers designated for library personnel use. 83 The CDROM was not loaded on that computer, either_ 84 Two inmates using one of the other library personnel computers were able to open the Lexis-Nexis software, but a search of its contents revealed that it did not store immigration decisions from the Board ofImmigration Appeals and Judges as well·as the other source materials listed above. When asked about it, Sgt was unable to provide an answer_ 85 . The law library supervisor checks for damaged and missing materials_ 86 The law library updates its materials yearly, including adding inserts for certain materials. 87

-

76

Detention Operations Manual, Detainee Services, Standard 1, Attachment A.

77

Observations of delegation memb,ersl• • • •

78

Notes of delegation member

79

Observations of delegation me:mblersl• • • • • • • • • • • • • • • • • • • • •iand

80

Notes of delegation membe• • • • • • •on conversation with Sgt . . . .

.

conversation with Sgt.•ti)It.¥liM

"iW

86

Notes of delegation

87

Notes of delegation

10

LATHAM&WATKI NSLLP 4. Library Equipment and Supplies The Standards require that facility law libraries provide an adequate number of typewriters andlor computers, writing implements, paper, and office supplies to enable detainees to prepare documents for legal proceedings. 88 Staff must inspect at least weekly to ensure equipment is in working order and to stock sufficient supplies. 89 In addition, indigent detainees must be provided free envelopes and stamps for legal mai1. 90 MCCldoes not appear to fully meet this section of the Standards: providing only one computer for use by 1,296 inmates and detainees does not appear adequate. MCCI has four computers and three typewriters, though three of those computers are designated for "library personnel" use. 91 However, two inmates were using one such comRuter during the delegation's tour.92 Pens and paper are available to the detainees upon request. 3 Detainees may buy stamps at face value, or, ifthe detainee is indigent, the stamps and envelopes are provided for free. 94 The law library supervisor makes sure that all of these supplies are stocked and available.95 5. Photocopies The Standards provide that each facility shall ensure that detainees can obtain photocopies of legal materials, when such copies are reasonable and necessary for legal proceedings involving the detainee.96 Enough copies must be provided so that a detainee can 97 fulfill court procedural rules and retain a copy for his records. Facility personnel may not read a document that on its face is clearly related to a legal proceeding involving the detainee.98 MCCI meets this section ofthe Standards. Detainees at MCCI may have copies made for $0.10 per page.99 If a detainee is indigent, the copies are free. loa There is no limit to the number of copies a detainee may request, unless the number seems excessive to the law library supervisor. 101

88

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

89

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

90

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

91

Observations of delegation

92

Observations of delegation lUw!UlIw!"

93

Notes of delegation

94

Notes of delegation

95

Notes of delegation

96

Detention Operations

and

97

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

98

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

99

Notes of delegation

100

Notes of delegation

conversation with

101

Notes of delegation

conversation with

11

LATHAM&WATKI N SLLP

6. Assistance From Other Detainees The Standards require that each facility permit detainees to assist other detainees in researching and preparing legal documents upon request, except when such assistance poses a . ns . k .102 secunty

MCCI meets this seCtion of the Standards. Detainees are allowed to assist other detainees with research at their own Will.103 7. Notice to Detainees The Standards require that the detainee handbook provide detainees with the rules and . access to IegaI matena . I s. 104 procedures govemmg

MCCI does not meet this section of the Standards: the Handbook does not specify the rules and procedures for utilizing the law library or for obtaining legal materials.lOs The Handbook only says that law books are available in the law library and that detainees are allowed to use the law library. 106 D. Group Rights Presentations The Standards provide that facilities holding ICE detainees "shall permit authorized persons to make presentations to groups of detainees for the purpose of informing them ofU .S. immigration law and procedures, consistent with the security and orderly operation of each facility."lo7 Informational posters are to be prominently displayed in the housing units at least forty-eight hours in advance of a scheduled presentation. 108 While the presentations are open to all detainees, the facility "may limit the number of detainees at a single session.,,109 "The facility shall select and provide an environment conducive to the presentation, consistent with security.,,110 In addition, detainees shall have regular opportunities to view an "INS-approved videotaped presentation on legal rights."lII

MCCI does not fully meet this section of the Standards: there is no legal rights video shown at the facility on a regular basis. According to MCCI personnel;legal rights presentations take place whenever an organization requests to make such a presentation. I 12 102 Detention

Operations Manual, Detainee Services, Standard 1, Section III.Q.

103

Notes of delegation

104

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

conversation with Sgt.'• •

105

MCCI Inmate Handbook, pp. 18-19.

106

MCCI Inmate Handbook, pp. 12, 18.

107

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

108

Detention Operations Manual, Detainee Services, Standard 9, Section III.C.

109

Detention Operations Manual, Detainee Services, Standard 9, Section III.e.

110

Detention Operations Manual, Detainee Services, Standard 9, Section III.E.

111

Detention Operations Mariual, Detainee Services, Standard 9, Section III.I.

112 Notes

of delegation m e m b e _ n conversation with Lt. '. . .

12

LATHAM&WATKI NSLLP

These presentations are announced in the living area,l13 or a sign-up sheet is passed around to the detainees. 114 Any detainee may attend these presentations, which are often held in a classroom. 115 There is no ICE-approved videotaped presentation on legal rights available for detainees to view on a regular basis. 116 One detainee who had been at the facility for two and a half months and another who had been there for six months both stated that they had never heard about nor attended any "Know Your Rights'; presentations. 117

N.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS A. Correspondence and Other Mail

The Standards require that detainees be allowed to send and receive correspondence in a timely manner, subject to limitations required for safety, security, and orderly operation of the facility .118 General correspondence shall normally be opened and inspected for contraband in the presence of the detainee, but may be opened and even read outside the presence of the detainee if security reasons exist for doing so.lI9 Special correspondenc~which includes all written communication to or from attorneys, legal re~resentatives, judges, courts, government officials, and the news media-is treated differently~ 12 Incoming special correspondence can be inspected for contraband only in the presence ofthe detainee, but it can never be read or 121 Outgoing special correspondence may not be opened, inspected, or read. 122 . copied. The detainee handbook must specify how to address correspondence, the definition of special correspondence and how it should be labeled, and the procedure for purchasing postage and rules for providing indigent detainees free postage. 123 The Standards also require that facilities provide all detainees with writing paper, implements and envelopes at no cost, and provide indigent detainees with free envelopes and stamps for mail related to a legal matter, including correspondence to a legal representative, potential representative, or any court.124 Finally, the Standards re?uire th~t facilities notify detainees of specific information regarding . correspondence policies. 25

113

Notes of delegation

114

Notes of delegation

117 Notes

of delegation

118

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

119

Detention Operations Manual, Detainee Services, Standard 3, Sections II1.B & E.

120 Detention 121

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

122 Detention 123

Operations Manual, Detainee Services, Standard 3, Sections III.B & F.

Detention Operations Manual, Detainee Services, Standard 3, Sections II1.B.

124 Detention 125

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

Operations Manual, Detainee Services, Standard 3, Section III.I, and Standard 1, Section III.N.

Detention Operations Manual, Detainee Services, Standard 3, Section III.B.

13

LATHAM&WATKINSLLP

MCCI does not fully meet this section ofthe Standards; the Handbook does not include several required notifications, all general correspondence is opened outside of detainees' presence, and writing implements are not free of charge. MCCI provides all detainees with an Inmate Handbook. 126 However, this handbook does not provide the following information as required: 1) "the definition of special correspondence, including instructions on the proper labeling for special correspondence .... [and a] statement that it is the detainee's responsibility to inform senders of special mail of the labeling requirement"; 2) the fact that· identity documents, such as passports and birth certificates, are contraband and may be rejected by the facility; 3) instructions on how incoming mail should be addressed; 4) a notification that "general correspondence ... shall be opened and inspected in the detainee's presence, unless the [Officer in Charge] authorizes inspection without the detainees presence for security reasons"; and 5) a notification that "special correspondence may only be opened in the detainee's presence.,,127 According to the facility opens and Inspects all general correspondence for contraband outside of the recelVlng detainee's presence. 128 U. said that a New Jersey state law, passed in the wake of September 11, 2001, is the reason for thiS.129 Moreover, MCCI does not appear to treat mail from the media or politicians as "special correspondence" as 130 required by the Standards.

;,,11

Lt. that only indigent detainees are provided writing materials at no charge. Although the standards require that facilities "shall provide writing paper, writing implements and envelopes at no cost to detainees,,,131 all non-indigent detainees must pay for writing materials and envelopes themselves by purchasing them through the Commissary.132 B. Detainee Handbook The Standards require that every Officer in Charge develop a site-specific detainee handbook to serve as an overview of detention policies, rules, and procedures, and specify that every detainee will receive a copy of the handbook upon admission to the facilityY The handbook must include visitation hours and rules. 134 The handbook must notify detainees of the facility correspondence policy.135 The handbook must provide notice ofthe facility's rules of

126 Notes

ofdelegationmp.lmnf'TI

interviews with :"'TVlr.,"~

127

Detention Operations

128

Notes of delegation

conversation with

129

Notes of delegation

conversation with

130 Detention

Operations on conversation with

Standard 3, Section III.B.

Standard 3, Section IILE; notes of delegation membe4SM

J3J

Detention Operations Manual, Detainee Services, Standard 3, Section III.!.

\32

Notes of delegation

133

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

134

Detention Opemtions Manual, Detainee Services, Standard 17, Section III.B.

135

Detention Operations Manual; Detainee Services, Standard 3, Section III.B.

on conversation with Lt.N••

14

LATHAM&WATKI NSLLP

conduct and the sanctions imposed.136 It must advise detainees of rights including the right to protection from abuse and harassment, right to freedom from discrimination, and right to pursue . 137 a grIevance. It is unclear whether MCCI fully meets this section of the Standards: one detainee stated that she did not receive a copy of the handbook, and the handbook does not advise detainees oftheir right to protection from abuse,harassment, and discrimination. Corrections officials indicated that every inmate receives copies ofthe Handbook during processing upon entry into the facility .138 One detainee indicated that she did not receive the Handbook when she arrived at the facility;139 the other detainee we interviewed said that she did. 140 The handbook includes information on visitation hours and rules, the mail policy, notice of rules and sanctions, and the right to pursue grievances. 141 However, it does not advise detainees of their right to protection from abuse and harassment or right to freedom from discrimination. 142 Additional observations regarding information lacking in the Inmate Handbook, including StaffwDetainee Communication, are included below.

C. Recreation The Standards require that all detainees have access to recreational programs and activities, under conditions of security and safety .143 Detainees should be housed in facilities with outdoor recreation. l44 If a facility only provides indoor recreation, detainees must have access for at least one hour per day, including exposure to naturallight. 145 Detainees should have access to "fixed and movable equipment," including opportunities for cardiovascular exercise, and games and television in dayrooms. 146 Under no circumstances will a facility require detainees to forego law library privileges for recreation privileges. 147 MCCI meets this section of the Standards. MCCI has both outdoor recreation and indoor recreation rooms with access to natural light. 148 There is an outdoor patio with a

136

Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.

137

Detention Operations Manual, Security and Control, Standard 5, Section I1I.A.5.

138

Notes of delegation

on interviews with Sheri~

139

Notes of delegation

on interview with detainee

140

Notes of delegation

on interview with detainee

141

MCCI Inmate Handbook, Sections l(B), (C), & (P), and Sections 3(F), (G), & (P)(l).

142

MCCI Inmate Handbook; Section 2.

143

Detention Operations Manual, Detainee Standards, Recreation, Section I.

144 Detention

. 145

Operations Manual, Detainee Standards, Recreation, Section lILA, which also provides that "all new or renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation area."

Detention Operations Manual, Detainee Standards, Recreation, Section III.B.

146 Detention Operations

Manual, Detainee Standards, Recreation, Section III.G.

147

Detention Operations Manual, Detainee Standards, Recreation, Section III.B.

148

Observations of delegation

15

LATHAM&WATKINSup basketball hoop that is shared between the two "pods" of male detainees.149 Following breakfast and until evening, the two pods alternatively have access to the outdoor patio in four hour intervals. 150 The women have similar access to a similar outdoorarea. 15 The male detainees also have free access to an indoor weight room that remains open for the entire day.152 Both male and female detainees have a dayroom, where detainees can watch . television, play board games, and use the pay phone. 153 Detainees have access to natural sunlight at all times. 154 Detainees in segregation, for both disciplinary and administrative purposes, receive one hour of outdoor recreation daily.155 Detainees in the lowest level of protective custody are allowed outdoor recreation with limited interaction, while detainees held in the higher level of protective custody or that are restricted due to disciplinary reasons only have access to an outdoor five by fourteen foot cage. 156 These recreation areas do not provide equipment for muscular or cardiovascular exercise.157 There is no recreation or outdoor access for detainees in the infirmary. 158 D. Access to Medical Care The Standards require that all detainees have access to medical services that promote detainee health and general well being. 159 Each facility is required to have regularly scheduled times, known as "sick call," when medical personnel are available to see detainees who have 160 For a facility of over 200 detainees, there must be sick call five requested medical services. days per week. 161 Facilities must also have procedures in place to provide emergency medical care for detainees who require it. 162

MCCI meets this section of the Standards. All detainees at MCCI are screened for medical issues upon their initial processing, which takes place on the day they arrive at the 149

Observations of delegation

150 Notes 151

Notes of delegation

152 Notes 153

of delegation of delegation

Notes of delegation Miriam Rodgers, on

154

Observations of delegation membe.~l• • • • • •

155

Notes of delegation

156

Notes of delegation

157 Observation 158 Notes

notes of delegation member

of delegation member

of delegation member • • • • •

159 Detention

Operations Manual, Health Services, Section L

160 Detention

Operations Manual, Hecilth Services, Section I1I.F.

161

Detention Operations Manual, Health Services, Section II.F.

162

Detention Operations Manual, Health Services, Section IILA, D, and G.

16

LATHAM&WATKINSLLP facility.163 During the screening, detainees are given a PPD screening for tuberculosis ("TB,,).164 If a detainee is suspected of having TB, the detainee is held in an isolation room until an x-ray confirms or negates the possibility ofTB infection. 165 There is a regularly scheduled sick call seven days a week, provided by CSS, the on-site contract medical provider. 166 There is at least one doctor on staff seven days a week, and during the day there are eight medical personnel on site. 167 Detainees are not required to indicate why they are requesting sick call when they do so, and receive medical services the same day. 168 On site medical personnel are able to provide IVs, recovery from surgery, isolation rooms for suspected TB, etc. 169 An OB-GYN is made available to pregnant detainees. 170 There is an onsite pharmacy, and medications are distributed three times a day. 171 There is a 1-800 number with translators available twenty-four hours a day, seven days a week to assist with non-English speaking detainees. 172 However, according to one detainee, the translators are not always made available to detainees. 173 On-site mental health care is provided from 8:00 a.m. unti14:00 p.m., Monday through Friday. 174 There is at least one, and usually two to three mental health personnel on site. 175 The detention officers arrange for hospitalization and off site mental health care when necessary. 176 The facility obtains signed and dated consent forms from detainees in non-emergency situations. 177 Ifforced treatment is necessary, the facility involves ICE and the detainee's attomey:178 The facility also maintains different medical logs to protect patient-detainees' confidentiality. 179 ,

163

Notes of delegation

164 Notes

on conversation with Lt.

of delegation

on conversation with Lt.

165

Notes of delegation

on conversation with Lt.

166

Notes of delegation

on conversation with Lt.

167

Notes of delegation'

on conversation with Health Services Administrator r. on conversation with Lt.

168

Notes of delegation

169

Notes of delegation

on conversation with Lt.

170

Notes of delegation

on conversation with Health Services AdmirlisU'ato:

171

Notes of delegation mp.mh,f'r

on conversation with Health Services Admirlistrat()r

172

Notes of delegation

on conversation with L t . ' . l .

173

Notes of delegation

-

on'mterview with detainee

••

174 Notes

of delegation ~~~ .. ,~~

on conversation with Health Services .t\amll~lS,ralIJr

175 Notes

of delegation -~,- .. ,~-

on conversation with Health Services .n.U1Ullll~U

177 Notes

of delegation member

on conversation with

178

Notes of delegation member

on conversation with

179

Notes of delegation member

on conversation with

on conversation with

17

LATHAM&WATKJ NSLLP

E. Access to Dental Care The Standards require that detainees have an initial dental screening exam within fourteen days of their arrival, and require the facility to provide emergency dental treatment and repair of prosthetic appliances. 180 For detainees who are held in detention for over six months, routine dental treatment may be provided. 181 MCCI appears to meet this section ofthe Standards. The detainees receive an initial dental screening by the nurse in the course oftheir initial medical screening. 182 If dental care is . provided, CCS provides on-site dentists. 183

F. Hunger Strikes The Standards require that all facilities follow accefted standards of care and administrative management of hunger-striking detainees. 18 Facilities must do everything within their means to monitor and protect the health and welfare of the hunger-striking detainee and must make every effort to obtain the hunger striker's informed consent for treatment. 185 In IGSA facilities, the "OIC of the facility shall notify [ICE] that a detainee is refusing treatment. Under no circumstances are IGSA facilities to administer forced medical treatment unless granted permission from [ICE]." 186 MCCI meets this section of the Standards. If an inmate or detainee declares a hunger strike, the medical staff then assesses the mental state of the patient, and regularly monitors the patient, including his or her food intake, liquid intake, vital signs, etc. 187 If the hunger strike lasts longer than seventy-two hours, the detainee is moved to the infirmary . .188 The facility notifies ICE of the hunger strike, and does not administer forced feeding unless the court grants 189 . an order to do so. G. Detainee Classification System The standards require that detention facilities implement the Detainee Classification System (DCS).190 This classification system is meant to ensure that each detainee is placed in the appropriate category and physically separated from detainees in other categories. 191 Each ISO

Detention Operations Manual, Health Services, Health Care, Section lI1.E.

181

Detention Operations Manual, Health Services, Health Care, Section lI1.E.

182

Notes of delegation

on conversation with Lt.

183

Notes of delegation

on conversation with Lt.

184 Detention Operations

Manual, Health Services, Hunger Strikes, Section 1.

185

Detention Operations Manual, Health Services, Hunger Strikes, Section I.

186

Detention Operations Manual, Health Services, Hunger Strikes, Section IIID.

187

Notes of delegation tnem

188

Notes of delegation

on conversation with

189

Notes of delegation

on cOnversation with

190

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

191

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

on conversation with

18

LATHAM&WATKI NSllP

detainee is to be classified upon arrival, before being admitted into the general population. 192 The staffis to use the most reliable, objective information from the detainee's A-file or work193 folder during the classification process. Detainees are to be assigned housing, offered recreational activities, assigned work (at the detainee's request), and provided food service 194 according to their classification levels. All facility classification systems shall ensure that a detainee may be reclassified any 195 time and the classification level redetermined. All facility classification systems shall include· procedures by which new arrivals can appealtheir classification levels. 1% Additionally, the detainee handbook's section on classification will include an explanation of the classification levels, with the conditions and restrictions applicable to each, and the procedures by which a detainee may appeal hislher classification. 197

MCCI partially meets this section ofthe Standards. However, male detainees are not housed based on classification, but instead are all housed together, although they are housed in separate units from the inmates. 198 Female detainees, on the other hand, are housed with female inmates, based on their classifications. l99 All inmates and detainees are classified when they first arrive at the facility, and housed based on their classification level-minim1.im, medium, or maximum?OO The classifications are based on a mixture of factors, such as their criminal history and their behavior?OI Additionally, all inmates and detainees have the right to 202 appeal their classification level through a written request. The inmate handbook gives both an explanation of classification levels and the procedures by which a detainee may appeal his or her classification?03 H. Detainee Grievance Procedures The standards require that every facility develop and implement standard operating procedures (SOP) that address detainee grievances. Each SOP must establish a reasonable time limit for (i) processing, investigating, and responding to grievances; (ii) convening a grievance committee to review formal complaints; and (iii) providing written responses to detainees who

192 Detention Operations Manual, Detainee Services, Standard 4, Section IILA. 193 Detention Operations Manual, Detainee Services, Standard 4, Section III.D. 194 Detention Operations Manual, Detainee Services, Standard 4, Section lILA. 195 Detention Operations Manual, Detainee Services, Standard 4, Section III.G. 196 Detention Operations Manual, Detainee Services, Standard 4, Section III.H. ·197 Detention Operations Manua~ Detainee SerVices, Standard 4,Section III.L 198 Notes of delegation 199 Notes of delegation 200Notes ofdelegaltio:nrrlernlber 201 Notes of delegation 202 Notes of delegation 203 MCCI Inmate Handbook, p. 4.

19

LATHAM&WATKJ NSLLP

filed fonnal grievances, including the basis for the decision?04 Each facility should make every effort to resolve the detainee's complaint or grievance at the lowest level possible, in an orderly 205 Detainees must also be allowed to submit a fonnal, written grievance to and timely manner. the facility's grievance committee?06 Each inmate handbook should provide notice of the opportunity to file both infonnal and formal grievances and the procedures for filing a grievance 1207 and appea. .

MCCI appears to meet this section ofthe Standards. According to Captain_ if a detainee has a grievance he or she will request a Grievance Form?08 Upon completing the fonn, the detainee will insert the fonn in a Grievance Box that is located in his or her housing unit. 209 Captain,iiiM,Wdid mention, however, that the Grievance Box in the ICE housing unit had only been installed two days prior to the tour?10 Once the grievance has been placed in the grievance box, detainees will receive a written response, usually within one and, at most, two days.2I1 If the detainee is not happy with the result, he may appeal to the warden.212 The handbook provides that inmates with detailed notice of their grievance rights, grievance rules, the grievance pro~eals process?13 Detainee ~ stated that she filed a grievance because she had not received the proper depression medication?14 She stated that within two weeks she was receiving the medication?15

1. Disciplinary Policy The Standards state that facility authorities ''will impose disciplinary sanctions on any detainee whose behavior is not in compliance with facility rules and procedures" in order ''to provide a safe and orderly living environment.,,216 Each facility holding ICE detainees must have a detainee disciplinary system which has "progressive levels of reviews, appeals, procedures, and documentation procedures:,217 The disciplinary policy must clearly define

204

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

205

Detention Operations Manual, Detainee Services, Standard 5, Section III.A.I.

206

Detention Operations Manual, Detainee Services, Standard 5, Section IILA.2.

207

Detention Operations Manual, Detainee Services, Standard 5, Section IILG:

208

Notes of delegation member

209 Notes

of delegation member

on conversation with

210

Notes of delegation member

on conversation with

211

Notes of delegation member

on conversation with

212

Notes of delegation member

on conversation with

213

MCCI Inmate Handbook; pp. 33-34.

214

Notes of delegation

on interview with detainee

215

Notes of delegation

on interview with detainee

216

Detention Operations Manual, Security and Control, Standard 5, Section I.

217

Detention Operations Manual, Security and Control, Standard 5, Section III.A.l.

20

LATHAM&WATKI NSLLP

detainee rights and responsibilities, and any disciplinary action taken must not be capricious or retaliatory? I 8 The following sanctions may not be imposed: "corporal punishment; deviations from normal food services; deprivation of clothing, bedding, or items of personal hygiene; deprivation of correspondence r.rivileges; or deprivation of physical exercise unless such activity creates an unsafe condition.',2 9 Officers who witness a prohibited act must prepare and submit an incident report.220 The Standards provide that all incident reports filed by officers must be investigated . h'm twenty-fiour hours 0 f the mCI . ·dent. 221 Wit . The Detainee Handbook must notifY detainees of the disciplinary process, the prohibited acts and disciplinary severity scale, and the procedure for appeals?22 The handbook must also notifY detainees of specific rights, including the right to protection from abuse, harassment, and discrimination, the right to pursue a grievance, and the right to due process, including prompt resolution of a disciplinary matter .123 The MCCI substantially meets this section of the Standards; however, the Inmate Handbook does not inform detainees oftheir right to protection from abuse, harassment, and discrimination. When a rules violation occurs, a written report is filed with the Floor . Supervisor.224 According to the Inmate Handbook, reports of major rule infractions will be investigated by a supervisor not involved with the report or infraction within forty-eight hours of the time the disciplinary report is served upon the inmate?25 The detainee is entitled to receive a copy of the charges within forty-eight hours of the incident, which must include the time, date and place of the violation, the rule allegedly violated, the name of the person asserting the violation and the names of all witnesses, if any.226 Cases determined serious will then be referred to the Disciplinary Committee for a hearing.227 The detainee is then entitled to a minimum of twenty-four hours to prepare for his hearing?28 The Disciplinary Committee will consist of the following people: 1) the Custody Supervisor (who was not personally involved in any way in the incident or violation and 2) two Civilian Designees.229 Decisions of the

218

Detention Operations Manual, Security and Control, Standard 5, Section III.A.l & A.2.

219

Detention Operations Manual, Security and Control, Standard 5, Section IILA.3.

220

Detention Operations Manual, Security and Control, Standard 5, Section III.B.

221

Detention Operations Manual, Security and Control, Standard 5, Section III.B and III.C.

...

222 Detention

Operations Manual, Security and Control, Standard 5, Section IILL.

223

Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.

224

MCCI Inmate Handbook, p. 20; notes of delegation

22S

MCCI Inmate Handbook, p. 20.

226

MCCI Inmate Handbook, p. 22.

227

MCCI Inmate Handbook, .p. 20.

228

Notes of delegation member

229

MCCI Inmate Handbook, p. 20.

on conversation with Lt .

conversation with Lt.

21

LATHAM&WATKI NSup

Disciplinary Committee are fmal, unless an appeal is made in writing to the Captain.23o Appeals must be made within forty-eight hours after a decision by the committee?31 Appeal forms will be available on request?32 The detainee is entitled to his hearing within seven days after being served with a disciplinary report, including weekends and holidays, unless such hearing is preventeo by exceptional circumstances, unavoidable delays or reasonable postponements?33 Inmates are notified of the hearing at least twenty-four hours in advance of the hearing?34 Inmates confined in Pre-hearing Detention will receive a hearing within three days oftheir placement in Prehearing Detention, including weekends and holidays, unless such hearing is prevented by exceptional circumstances, unavoidable delays or reasonable postponements?35 Inmates confmed in Pre-hearing Detention will be given priority in scheduling their appearance before the Disciplinary Board?36 Time spent in Pre-hearing Detention will be credited against any subsequent. sentence imposed. 237 No delays in hearing a case will be permitted for the purpose of punishment or discipline?38 A detainee will be provided the opportunity to be present during the Disciplinary Hearing unless there are security reasons, which must be documented in the detainee's record?39 A detainee has the right to be represented by a counsel substitute, either staff or another detainee.24o He also has the right to call witnesses on his behalf and any reason for denying the opportunity to call a witness must be stated in writing and filed in the detainee's record?41 A detainee has the right to make a statement, provide documentary evidence and cross examine his accuser and any adverse witnesses unless doing so would be unduly hazardous to institutional safety or that of the witness. 242 The reasons for denying the detainee this right of confrontation must be stated in writing and filed in his record?43 A hearing may be held ina detainee's absence ifthe detainee refuses to attend the Disciplinary Hearing but documentation ofthis refusal must be reported in writing. 244 Should any further investigation be required, the Disciplinary Hearing may be postponed by the

230

MCCI Inmate Handbook, p. 20.

231

MCCI Inmate Handbook,p. 20.

232 MCCI

Inmate Handbook, p. 20.

233

MCCI Inmate Handbook, p. 20.

234

MCCI Inmate Handbook, p. 20.

23S

MCCI Inmate Handbook, p. 2l.

236

MCCI Inmate Handbook, p. 21.

237

MCCI Inmate Handbook, p. 21.

238

MCCI Inmate Handbook,p. 21.

239 MCCI

Inmate Handbook,p. 21 ..

240

MCCI Inmate Handbook, p. 21.

241

MCCI Inmate Handbook, p. 21.

242

MCCI InmateHandbook, p. 21.

243

MCCI Inmate Handbook, p. 2l.

244 MCCI

Inmate Handbook, p. 21.

22

LATHAM&WATKI NSLLP

Disciplinary Board for up to forty-eight hours for Prehearing Detention cases and up to seven days for all other hearings?45 The Floor Supervisor also has full authority to levy disciplinary action on any inmate for non-serious offenses in lieu of a fonnal hearing by the Disciplinary Committee.246 Lt. " , 5 described this procedure, dubbed an "On-The-Spot" disciplinary proceeding by the Inmate Handbook. Lt.U,ii!Wistated that a zone supervisor may take a detainee aside, ask for an explanation regarding the event in question and render immediate "on the spot" punishment, which can include locking the detainee's cell for up to four hours or revoking certain privileges for up to five days?47 Those privileges include access to the weight room and the right to play in 48 various sporting tournaments held within MCCt2 The Handbook states that the following are additional authorized sanctions for On-The-Spot Corrections: verbal reprimand, up to four extra hours work duty, loss of radio or television privileges for a period of no more than five days, and 249 confiscation of offending items. When asked if suspension of privileges also included the suspension of visitation rights, L t . " stated that visitation rights would only be suspended 25o if the incident meriting disciplinary action involved visitation. The Handbook states that certain types of punishment are not permitted; punishments may not restrict food, health and sanitary facilities, clothing, access to medical needs, reading and correspondence, hygienic implements or exercise?51 Further, corporal punishment shall not 52 be pennitted at any time in MCCt2 However, as stated above, the Handbook does not notifY detainees of their right to protection from abuse, discrimination, and harassment. 253

J. Special Management Unit The Standards suggest that each facility establish a Special Management Unit ("SMV") that will isolate certain detainees from the general population.254 The Standards for Administrative and Disciplinary Segregation differ somewhat from one another, but both provide for legal access and other protections. A detainee may be placed in disciplinary segregation only by order of the Institutional Disciplinary Committee, after a hearing in which the detainee has been found to have committed a prohibited act. 255 The disciplinary committee may order

245

MCCI Inmate Handbook, p. 21.

246

MCCI Inmate Handbook, p. 20.

247

Notes of delegation

on conversation with Lt.

248

Notes of delegation mpmh",r

on conversation with Lt.

249

MCCI Inmate Handbook, p. 28.

250

Notes of delegation member

on conversation with Lt.

251

MCCI Inmate Handbook, p. 30.

252

MCCI Inmate Handbook, pp. 30-31.

253

MCCI Inmate Handbook, Sections 1(M) & 2.

254

Detention Operations Manual, Security and Control, Standard 14, Section 1.

255

Detention Operations Manual, Security and Control, Standard 14, Section IILA.

23

LATHAM&WATKI NSllP

placement in disciplinary segregation only when alternative dispositions would inadequately regulate the detainee's behavior?56 All cells in the SMU must be well ventilated, appropriately heated, and sanitary, and must be equipped with beds.257 Segregated detainees shall have the opportunity to maintain a normal level of personal hygiene?58 Recreation shall be provided to detainees in segregation in accordance with the "Recreation" standard.259 Access to the law library shall generally be granted to detainees in segregation.260 Detainees generally retain visiting privileges while in disciplinary segregation, and may not be denied legal visitation?61 Detainees in administrative segregation generally have the same telephone privileges as other detainees,262 while detainees in disciplinary segregation shall be restricted to telephone calls for calls relating to the detainee's immigration case or other legal matters, calls to 263 Detainees in segregation shall have the consular/embassy officials, and family emergencies. same correspondence privileges as detainees in the general population?64

MCCI partially meets this section ofthe Standards; however, detainees in segregation only have telephone access for one hour per day. There are beds in the SMU, and detainees continue to have access to correspondence, personal hygiene implements, the law library and legal and personal visitation?65 Further, they are permitted one hour of outdoor recreation daily.266 As detailed above, detainees' telephone access is restricted to one hour per day, including legal calls?67 Calls are ended by an automatic cut_Off.268 The Standards require 269 greater access to legal ca11s.

256

Detention Operations Manual, Security and Control, Standard'14, Section IILA.

257

Detention Operations Manual, Security and Control, Standard 13, Section IIID.2, and Standard 14, Section III.D.6.

258

Detention Operations Manual, Security and Control, Standard 14, Section IIID.11.

259

Detention Operations Manual, Security and Control, Standard 13, Section IILD.8, and Standard 14, Section m.D.B.

260

Detention Operations Manual, Security and Control, Standard 13, Section IILD.18, and Standard 14, Section m.D.1S.e.

261

Detention Operations Manual, Security and Control, Standard 13, Section IIID.13 & 14, and Standard 14, Section m.D.17.

262

Detention Operations Manual, Security and Control, Standard 13, Section IILD.16.

263

Detention Operations Manual, Security and Control, Standard 14, Section IIID.19.

264

Detention Operations Manual, Security and Control, Standard 13, Section IILD.20, and Standard 14, Section IILD.18.

265

Notes of delegation member

266

Notes of delegation member

on conversation with

267

Notes of delegation

conversation with

268

Notes of delegation

conversation with

269

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

24

LATHAM&WATKI NSLlP placement in disciplinary segregation only when alternative dispositions would inadequately regulate the detainee's behavior?56 All cells in the SMU must be well ventilated, appropriately heated, and sanitary, and 257 Segregated detainees shall have the opportunity to maintain a must be equipped with beds. normal level of personal hygiene. 258 Recreation shall be provided to detainees in segregation in accordance with the "Recreation" standard?59 Access to the law library shall generally be granted to detainees in segregation?60 Detainees generally retain visiting privileges while in disciplinary segregation, and may not be denied legal visitation?61 . Detainees in administrative segregation generally have the same telephone privileges as other detainees,262 while detainees in disciplinary segregation shall be restricted to telephone calls for calls relating to the detainee's immigration case or other legal matters, calls to consular/embassy officials, and family emergencies?63 Detainees in segregation shall have the same correspondence privileges as detainees in the general population?64 MCCI partially meets this section of the Standards; however, detainees in segregation only have telephone access for one hour per day. There are beds in the SMU, and detainees continue to have access to correspondence, personal hygiene implements, the law library and legal and personal visitation?65 Further, they are permitted one hour of outdoor recreation daily.266 As detailed above, detainees' telephone access is restricted to one hour per day, including legal calls.267 Calls are ended by an automatic cut-Off?68 The Standards require greater access to legal calls.269

256

Detention Operations Manual, Security and Control, Standard 14, Section lILA.

257

Detention Operations Manual, Security and Control, Standard 13, Section III.D.2, and Standard 14, Section m.D.6.

258

Detention Operations Manual, Security and Control, Standard 14, Section III.D.11.

259

Detention Operations Manual, Security and Control, Standard 13, Section IILD.8, and Standard 14, Section III.D.13.

260

Detention Operations Manual, Security and Control, Standard 13, Section IIID.18, and Standard 14~ Section m.D.IS.e.

261

Detention Operations Manual, Security and Control, Standard 13, Section IIID.l3 & 14, and Standard 14, Section III.D.17.

262

Detention Operations Manual, Security and Control, Standard 13, Section IILD.16.

263

Detention Operations Manual, Security and Control, Standard 14, Section IILD.19.

264

Detention Operations Manual, Security and Control, Standard 13, Section m.D.20, and Standard 14, Section III.D.18.

265

Notes of delegation membe

I

~

,

~

(0)(6..1

:

.

266

Notes of delegation membe

267

Notes of delegation

268

Notes of delegation

269

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

~

c

•

conversation with

24

LATHAM&WATKI NSlL?

K. Staff-Detainee CommunicationlICE Presence at the Facility

The Standards require that procedures be in place "to allow for formal and informal contact between key facility staff and ICE detainees and to permit detainees to make written requests to ICE staff and receive an answer in an acceptable time frame.,,270 The Standards require that detainees have the opportunity to have informal access to and interaction with key facility staff members on a regular basis.271 The Standards require both scheduled weekly visits and "regular unannounced visits" by ICE officials.272 The purpose of such visits is to monitor housing conditions, interview detainees, review records, and answer questions for detainees who do not comprehend the immigration removal process.273 The Standards also require that detainees have the opportunity to submit written questions, requests, or concerns to ICE staff using a detainee request form, local IGSA form, or a sheet ofpaper.274 Finally, the detainee handbook shall state that the detainee has the opportunity to submit written questions, requests, or concerns to ICE staff and procedures for doing SO.275 MCCI does not fully meet this section of the Standards; there is no process in place for submitting written questions, requests or concerns, and the Inmate Handbook does not state that detainees may submit questions or concerns to ICE staff. An ICE officer makes weekly scheduled and unannounced visits to the facility. Officer hlEiivisits the facility every Monday unless Monday is a national holiday, in which case he visits on Tuesday.276 He also visits the facility at least one more time each week at an unscheduled time.277 Additionally, a different ICE officer visits the facility once a week.278 The schedule ofthese visits was posted in each housing unit.279 While Officer",i*iid suggest that he might put up a "comment box,"he said that when detainees had issues they came directly to him or to another officer and did not use any sort of formal system?80 In addition, the detainee handbook does not state that detainees have the opportunity to submit written questions, requests or concerns to ICE staff or the procedures for doing so. L. Religious Practices

The Standards require that detainees of different religious beliefs be provided with reasonable and equitable opportunities to participate in the practices of their respective faiths?81 270

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

271

Detention Operations Manual, Detainee Services, Standard IS, Section IILA.

272

Detention Operations Manual, Detainee Services, Standard 15, Section lILA.

273

Detention Operations Manual, Detainee Services, Standard IS, Section IILA.

274

Detention Operations Manua~ Detainee Services, Standard IS, Section III.B.

is, Section II1.B.3.

275

Detention Operations Manual, Detainee Services, Standard

276

Notes of delegation

on conversation with

277

Notes of delegation

on conversation with

278

Notes of delegation

on conversation with

279

Observations of delegation member Vera Gerrity.

280

Notes of delegation member Vera Gerrity, on conversation with

281

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

25

LATHAM&WATKINSLLP

According to the Standards, these "opportunities will exist for all equally, regardless of the number of practitioners of a given religion, whether the religion is 'mainstream,' whether the religion is 'Western' or 'Eastern,' or other such factors. Opportunities will be constrained only by concerns about safety, security, the orderly operation of the facility, or extraordinary costs associated with a specific practice.',282 Moreover, a facility's staff shall make "all reasonable efforts to accommodate" special food services required by a detainee's particular religion. 283 Detainees in confiriement must also be permitted to participate in religious practices, consistent with the safety, security, and orderly operation of the facility?84 MCCI meets this section of the Standards. All detainees are handed a questionnaire upon arriving at the facility that inquires about their reliiious preferences.285 When asked if the delegation may see a copy of that questionnaire, Lt. iIiliJi9said that he would see what he could do, but ultimately never produced one?86 MCCI provides Christian, Jewish, and Muslim services and provides Christian services in both English and Spanish?87 The kitchen accommodates both kosher and halal diets, and those who miss a meal time for religious fasting purposes such as Yom Kippur or Ramadan are able to have that meal at a later time, when their faith allows for it.288 MCCI has a chaplain on staff who also serves as a coordinator for bringing in rabbis or imams to officiate· services for other faiths?89 Detainees in regular housing units as well as SMUs are permitted to keep religious items such as prayer beads, religious texts and skullcaps in their cells?90 A detainee who may not be able to attend general religious services for disciplinary segregation reasons has the option Of requesting a private service.291 When asked if a detainee who has a less 'mainstream' religious preference would be accommodated, Lt.iW"Mresponded that unless it was "something nobody's ever heard of," MCCI would do its best to provide accommodations?92 The Handbook specifically states that "personal interviews with leaders of a recognized religious group can be arranged by submitting a writing req~est to a social worker .',293 The Handbook fails to specifY how MCCI defines a "recognized religious group." M. Voluntary Work Program

282

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

283

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

284

Detention Operations Manual, Detainee Services, Standard 14, Section III.O.

285

Notes of delegation membe~ on conversation with Lt

286

Observations of delegation member• • • • • • •

287

Notes of delegation member

conversation with Lt.

288

Notes of delegation member

conversation with Lt.

289 Notes 290

of delegation member

Notes of delegation

conversation with Lt. conversation with Lt. conversation with Lt.

292

Notes of delegation member

293

MCCI Inmate Handbook, p. 15.

conversation with Lt.

26

LATHAM&WATKINSup The Standards suggest that all facilities with work programs provide an opportunity for physically and mentally capable detainees to ''work and earn money.,,294 Participation must be voluntary, and detainees may not work more than eight hours per day, andforty hours per . week?95

MCCI does not fully meet this section of the Standards: there are very few opportunities to work in the facility should a detainee choose to do SO.296 Detainees are provided the opportunity to work as one of the few "housemen" in his or her pod.297 The detainees that work as "housemen" are selected on the basis of detainee requests, length of stay, and disposition. 298 Housemen are compensated for their work, and generally work around six hours per day?99 Unlike county inmates, detainees are not permitted to work in the kitchen.3OO N. Detainee Transfer The Standards require that indigent detainees be permitted to make a single domestic telephone call at government expense upon arrival at their final destination; non-indigent detainees will be permitted to make telephone calls at their own expense.301 Records including the detainee's Alien File ~A-:file") and health records (or transfer summary for IGSAs) must 3 Prior to transfer, medical personnel must provide the transporting accompany the detainee. officers with instructions and any applicable medications for the detainee's care; medications must be turned over to an officer at the receiving field office. 303 A detainee's legal materials, cash, and small valuables shall always accompany the detainee to the receiving facility; larger items may be shipped?04

MCCI appears to meet this Standard. Indigent detainees are able to make a free call upon arrival when they are transferred to another facility.305 Detainee records and personal property are transferred to the receiving institution, and detainees are informed of their impending transfer shortly beforehand, although transportation details are not shared with the

294

Detention Operations Manual, Detainee Services, Voluntary Work Program, Sections 1& IILA.

295

Detention Operations Manual, Detainee Services, Voluntary Work Program, Sections 1& IILA.

296

Notes of delegation un,AU""A

297

Notes of delegation

298

Notes of delegation UA"UUJ'"

299

Notes of delegation member

300 Notes

of delegation

conversation with

on conversation with on conversation with

301

Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.G.

302

Detention Operations Manual, Detainee Security and Control, Standard 4, Sections III.D.I and IIID.6.

303

Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.D.D [sic].

304

Detention Operations Manual, Detainee Security and Control, Standard 4, SectionsIILE.

305

Notes of delegation member

conversation with

27

LATHAM&WATK I N SliP

detainee prior to the date of transport. 306 Meals are provided to the detainees if transfer takes 307 · PI ace over meaI tImes.

v.

CONCLUSION

The Monmouth County Correctional Institute meets the requirements of several of the ICE Detention Standards but fails to meet a number of important sections. To provide adequate telephone access to detainees, MCCI must ensure that detainees can place free, direct calls to pro bono legal service providers other than just the Legal Aid Society. MCCI should not record or monitor, in any matter whatsoever, legal phone calls (absent a court order), and if regular phone calls are monitored, MCCI should provide detainees with the procedure for obtaining an unmonitored call for legal purposes, in a private area. MCCI should not limit telephone calls to attorneys made by detainees in a Special Management Unit to one hour. MCCI should accept incoming calls for detainees and take messages of those calls for detainees. Further, a posting near detainee telephones should provide a list, in Spanish, offree pre-programmed numbers to all consulates, as well as relevant courts, immigration offices, and all free legal service providers on the ICE-approved list. Reflecting the needs ofthe multinational immigrant jail population, instructions regarding the use of the phone system need to be in different languages. To support the detainees' access to legal materials and legal representation, MCCI should provide access to all of the legal materials listed in the Standards in the law library. MCCI should also provide notice to detainees in the detainee handbook of the rules and procedures governing access to legal materials in the facility. To provide adequate privacy to detainees, MCCI officials should not open detainee mail outside of the presence of its addressee. Filrther, MCCI officials should provide writing implements to detainees free of charge so that detainees may freely draft correspondence. ICE should require that the MCCI Inma~e Handbook be updated to inform detainees of their right to protection from abuse, harassment, and discrimination. To facilitate open lines of communication between detainees and ICE officials, MCCI and ICE should create a process bywhich detainees can submit written questions, requests and/or concerns to ICE offices and officials. Also, the handbook should inform detainees regarding communication with ICE staff. Finally, MCCI should provide more opportunities for detainees to work and earn money during the time oftheir detention.

306

Notes of delegation

conversation with

307

Notes of delegation

conversation with

28

Facility Name: MONMOUTH COUNTY CORRECTIONAL INSTITUTE, FREEHOLD, NJ Date of Tour: August 1,2007 . Latham & Watkins LLP attorneys and summer associates uelwm:e 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 Standard* 1. I Standatd 16, Telephone Access • 'rILE. 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 offree legal service providers and consulates at no charge to the detainee or the receiving party.

Delegation Report I •

2. I Standard 16, Telephone Access • IlL!. The facility shall take and deliver telephone messages to detainees as promptly as possible. When facility staff receives ail 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. The detainee shall be permitted to return the emergency call as soon as reasonably possible within the constraints

•

3. I Standard 16, Telephone Access • III.J. The facility shall ensure privacy for detainees' telephone callsregaiding legal matters. For this purpose, the facility shall provide a reasonable number of telephones on which detainees can make such calls without being overheard by officers, other staff or other detainees. Facility staff shall not electronically monitor detainee telephone calls on their legal matters, absent a court order; .

•

•

The detainee housing unit has a list of preprogrammed telephone codes for placing direct,. free calls to local consulates, immigration courts and the Legal Aid Society. However, although the numbers for local legal service providers other than the Legal Aid Society are posted, they do not have a pre-programmed telephone code and thus detainees are required to call

Source

ICE Response

Officer

Incoming phone calls and messages are generally not accepted, with the exception of emergency telephone cails or in other limited circumstances determined at the facility's discretion. (p. 7 ~4) The facility generally does not accept incoming phone calls and messages from attorneys. (p.7 ~4)

•

The phones where detainees make outgoing calls are all located in the public dayrooms with no privacy safeguards. There are no opportunities at MCCI for detainees to have private phone calls with attorneys. (p.7 '~1, 2) All phone conversations made on the outgoing phones are. automatically recorded by the facility. (p.7 '1)

11122/2007

ABA Commission on Iminigration - Detention Standards .Implementation Initiative

1

4. I Standard 16, Telephone Access • III.G. Staff shall permit detainees inthe Special Management Unit for disciplinary reasons to make direct and/or free calls ... except under compelling security conditions. These conditions shall be documented .... Staff shall permit detainees in Special Management Unit for other than disciplinary reasons ... to have telephone access similar to detainees in the general population .... Security and Control Standard 14 (Disciplinary Segregation) • III.]).19. [D]etainees in disciplinary segregation shall be testricteo to telephone calls for the foflowing purposes: a. callS relating to the detainee's immigration case or other legal matters ... ; b. calls to consular/embassy officials; and c. 5. Standard 1, Access to Legal Material • III.B. Equipment. The law library shall provide an adequate number oftypewtitets and/or computers, writing implements, paper and office supplies to enable detainees to prepare documents for legal proceedings.

I •

•

Detainees in the SMU for disciplinary reasons may use a cordless telephone handset, but only for one hour per day, even In the absence of compelling security conditions. (p.8 '3)

Only one computer is available in the library for Use by all 1,296 detainees and inmates. Three additional computers are designated for "library personnel use," although inmates were using one of those computers during the delegation's visit. (p.l1

Delegation observations.

11/22/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative.

2

6.

Standard 1, Access to Legal Material • III.C. The law library shall contain the materials listed in Attachment A.

•

None of the following Attachment A materials are available in the MCCI law library: United States Code, Title 8, Aliens and Nationality; Code of Federal Regulations, Title 8, Aliens and Nationality; Bender's Immigration and Nationality Act Service; Bender's INS Regulation Service; Administrative Decisions Under Immigration and Nationality Laws; Immigration Law and Defense,' Immigration Law and Crimes; Guide for Immigration Advocates; Country Reports on Human Practices; Human Rights Watch - World Report; UNHCR Handbook on Procedures and Criteria for Determining Refugee Status; Considerationsfor Asylum Officers Adjudicating Asylum Claims for Women,' Immigration and Naturalization Service Basic Law Manual,' Lawyer's Committee Handbook on Representing Asylum Applicants; Federal Civil Judicial Procedures and Rules; Legal Research in a Nutshell; Legal Research & Writing: Some Starting Points; Spanish-English Law Dictionary; Directory of Nonprofit Agencies that Assist Persons in Immigration Matters and telephone books. (p.9 ~5)

Delegation observations.

11/22/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative

3

7. I Standard 1, Access to Legal,v"u"l1'" III.G. The facility shalI ... pertnit all detainees, regardless of housing or claSsification, to use the law library on a regular basis. Each detainee shall be pennitted to use the law library for a minimum of five (S) hours per week. Detainees may not be forced to forgo their minimal recreation time, as ptbvided in "Detainee Recreation," standard to use the law library. • m.M. Detainees housed in .. , Segregation units shall have the same law library acce~s as the general population, unless compelling security concerns require limitations. Security and Control Standard 14, Special Management Unit (Disciplinary Segregation) m.D.IS. When developing the schedule for law libraryaccess, the OlC will s.et aside blocks oftime for the detainees in disciplinary segregation .... The facility may choose to provide segregated detainees upon-request access only. Violent and/or uncooperative detainees may denied access to the law 8. I Standard 1, Access to Legal Material • III.Q. The detainee handbook ... shall provide detainees . with the rules and procedures governing access to legal materials, including ... 1. that a law library is available for detainee use; ... 3. the procedure for requesting access to the law 9. I Standard 9, Group Presentations on Legal Rights • IILI. Videotaped presentations. The facility shall play [ICE]-approved videotaped presentations on legal rights, at the request of outside organizations .. ,. The facility shall provide regular opportunities for detainees in the to view

•

•

•

Detainees may use the law library for only three hours and twenty minutes per week. (p.9 ~1) However, occasionally, detainees may return to the law library outside of their normally scheduled hours. (p.9 4JI) Detainees who are in disciplinary detention also have access to the law library for only three hours and twenty minutes per week. (p.9 4JI)

The Inmate Handbook does not specify the rules and procedures for utilizing the law library or for obtaining legal materials. The Handbook only says that law books are available in the law library and that detainees are allowed to use the law .12 There is no legal rights video shown at the facility on a regular basis. (p.13 ~1)

Law Library Schedule.

Inmate Handbook.

11/22/2007

ABA Commission on Immigration - Detention Standards Implementation Initiative

4

Standard 3, Correspondence and Other Mail • III.B. The facility shall notify detainees of its policy in correspondence and other mail through the detainee handbook or equivalent ... [and] shall specify: 1. That a detainee may receive mail, .,. and instructions on how envelopes should be addressed; '" 4. That [incoming] special correspondence may only be opened in the detainee's presence, and may be inspected for contraband, but not read; ... 5. The definition of special correspondence, including instructions on the proper labeling for special correspondence, without which it will not be treated as special mail. ... 7. A description of whiCh mav be rei ected bv the 11 J Standard 3, Correspondence and Other Mail • III.B.3. [G]eneral correspondence ... shall be opened and inspected in the detainee's presence, unless the OIC authorizes inspection with out the detainee's presence for security reasons.

•

3, Correspondence and Other IlLL Postage Allowance. Indigent detainees will be permitted to mail a reasonable amount of mail each week, including at least five pieces of special correspondence and three pi eces of general correspondence. III.J. The facility shall provide writing paper, writing and envelooes at no cost to detainees.

I •

I •

•

The Inmate Handbook does not contain the following information: 1) the definition of special correspondence, and instructions on the proper labeling for special correspondence, and a statement that it is the detainee's responsibility to inform senders of special mail of the labeling requirement; 2) information that identity documents are contraband and may be rejected by the facility; 3) instructions on how incoming mail should be addressed; or 4) notifications that general and special correspondence shall be opened and inspectedin the detainee's presence. (p.14 'Ill)

I Inmate Handbook.

facility opens and inspects all general correspondence for contraband outside of the receiving detainee's presence (apparently per a New Jersey state law passed after 9/11). (p.14 'Il2)

Only indigent detainees are provided writing materials at no charge. All non-indigent detainees must pay for writing materials and envelopes themselves by purchasing them through the Commissary. (p.14 ~3)

11122/2007

. ABA Comniission on Immigration - Detention Standards Implementation Initiative

5

Standard 6, Detainee Handbook • I. Every OlC will develop a site-specific detainee handbook to serve as an overview of ... the detention policies, rules, and procedures in effect at the facility. The handbook will also describe the services, programs, and opportunities available.... Every detainee will receive a copy ofthis handbook upon admission to the facility. Security and Control Standard 5, Disciplinary Policy • III.A.5. The detainee handbook or equivalent ... shall advise detainees ofthe following: a. the right to protection from personal abuse, corporal punishment, unnecessary or excessive use of force, personal injury, disease, property damage, and harassment; b. the right of freedom from discrimination based on race, religion, [Detainee Handbook, continued] Standard 15, Staff-Detainee Communication III.BJ. Detainee Handbook. ... The handbook shall state that the detainee has the opportunity to submit written questions, requests, or conCerns to ICE .staff and the ntoceclllre~ Standard 4, Detainee Classification System III.E. All facilities shall ensure that detainees are housed according to their classification level. HLP. The classification system shall assign detainees to the least restrictive housing unit consistent with facility 15, Staff-Detainee Communication. III.B. All detainees shall have the opportunity to submit written questions, requests, or concerns to ICE staff .... The detainee request form shall be delivered to ICE staff by authorized personnel (not detainees) without reading,

I •

I.

Officials indicated that all detainees receive an Inmate Handbook. However, one detainee Indicated that she did not receive the Handbook when she arrived at the facility. (p.IS ~2) The handbook does not advise detainees of their right to protection from abuse and harassment or right to freedom from discrimination. (p.IS ~2; p.23 ~3)

I •

The detainee handbook does not state that detainees have the opportunity to submit written questions, requests or concerns to ICE staff or the procedures for doing so. (p.26 ~1)

I •

Male detainees are not housed based on classification, but instead are all housed together in separate units from the inmates. Female detainees are housed with female inmates based on classification. (p.l9 13)

I •

Inmate Handbook.

Inmate Handbook.

o

that when detainees have issues [161 icE) tiley come to him or another officer directly; there is no formal system for written requests. (p.2S ~2).

ABA Commission on Immigration - Detention Standards Implementation Initiative

11/22/2007

6

53rd at Third 885 Third Avenue New York, New York 10022-4802 Tel: (212) 906-1200 Fax: (212) 751-4864 www.lw.com FIRM / AFFILIATE OFFICES

MEMORANDUM

Boston

New Jersey

Brussels

New York

Chicago

Northern Virginia

Frankfurt

Orange County

Hamburg

Paris

Hong Kong

San Diego

London

San Francisco

Los Angeles

Silicon Valley

Milan

Singapore

Moscow

Tokyo

August 1, 2003

To: From: File no: Copies to: Subject:

Washington, D.C.

Anthony Tangeman American Bar Association Delegation to the Monmouth County Correctional Institute 1 502130-0003 b6 ABA Commission on Immigration Policy, Practice and Pro Bono Report on Observations During a General Tour of the Monmouth County Correctional Institute in New Jersey

I. INTRODUCTION This memorandum evaluates and summarizes facts and findings gathered at the at the Monmouth County Correctional Institute (“MCCI”), a facility used by the Immigration and Customs Enforcement (ICE) under an Inter-governmental Service Agreement (“IGSA”) in New Jersey. The information was gathered via observation of the facility by the delegation and interviews with detainees and facility staff on July 17, 2003. The Immigration and Naturalization Service 2 (“INS”) promulgated the “INS Detention Standards” in November 2000 to insure the “safe, secure and humane treatment of individuals detained by the INS.” The thirty-six Standards contained in the Detention Operations Manual cover a broad spectrum of issues ranging from visitation policies to grievance procedures and food service. These standards apply to ICE Contract Detention Facilities (“CDFs”), ICE Service Processing Centers (“SPCs”), and state and local government facilities used by the INS through Intergovernmental Service Agreements (“I.G.S.A.”). The Standards constitute a “floor” not a “ceiling” for treatment of ICE detainees. In other words, they are meant to establish the minimal requirements that the ICE must adhere to in the operation of its facilities. Each ICE Field Office or Officer in Charge (“OIC”) of a facility may, in his or her discretion, promulgate policies and

1

2

The delegation was comprised of Latham & Watkins attorneys b6 b6 b6 , and

,

b6 b6

.

The INS is now known as the United States Immigration and Customs Enforcement (“ICE”).

NY\807941.3

b6

practices affording ICE detainees more enhanced rights and protections than those provided for by the Standards. Overall, the delegation felt that the staff at the Monmouth County Correctional Institute are taking steps toward implementation of the Standards. However, the following problems were noted by the delegates during the course of our visit: •

Insufficient access to contact information for legal services.

•

Understocked, understaffed, and outdated law library with inadequate computer or wordprocessing support. With almost no immigration-related materials, the library is of little use to the detainees housed at this facility.

•

Insufficient private phone access and free phone calls to counsel.

•

Incorrect contact information for “Free Legal Services” and government agencies.

•

Inadequate clothing provided to detainees.

•

No detainee-specific handbook.

•

The facility simply does not live up to its promise of adequate visitation rights.

•

Evidence of last-minute remedial action and clean-up of problems prior to our visit.

This memorandum focuses on portions of the Standards relating particularly to areas of legal access, as well as general concerns arising from observations during the general tour. ICE’ stated goal in promulgating these Standards was to insure the “safe, secure, and humane treatment” of ICE detainees. In particular, the memorandum focuses on the Monmouth County Correctional Institute’s implementation of the Standards relating to access to counsel and legal rights, including the following: (1) Visitation; (2) Telephone Access; (3) Legal Materials; and (4) Group Rights Presentations. This memorandum also addresses other concerns observed during the course of the visit including: recreation, medical care, and religious issues.

II. THE MONMOUTH COUNTY CORRECTIONAL INSTITUTE The Monmouth County Correctional Institute is located in Monmouth County, New Jersey. The facility is accredited according to the standards of the American Correctional Association. Monmouth typically houses around 1200 prisoners of which 150 are ICE detainees. On the day of the delegation’s visit, 149 of 1210 inmates were ICE detainees. Though there are 130 female prisoners at Monmouth, none are ICE detainees. The detainees were transferred from federal prisons after serving sentences for felony convictions. Most of the ICE detainees are from Latin American countries.

2 NY\807941.3

III. OBSERVATION OF IMPLEMENTATION OF LEGAL ACCESS STANDARDS A.

Visitation

The range of permissible visitors at the MCCI includes: attorneys, legal representatives, friends, family, and media. Detainees are allowed to have both “contact” and “non-contact” visits at the Monmouth County Correctional Institute. 1.

Visitation by Attorneys a.

Visitation Times

According to the Standards, legal visitation should be allowed seven (7) days a week for a minimum of eight (8) hours on weekdays, and four (4) hours on weekends. Legal visitations should not be terminated for meals or routine official counts. Procedures should be in place to permit the detainee to receive a meal, or recreation, after the interview. The Inmate Handbook states that only “members of the Clergy, Religious Leaders, and Attorneys shall be allowed to visit their clients as frequently as necessary.”3 According to Officers b6, b7C and b6, b7C attorneys are able to meet with their clients seven (7) days a week at any time before lockdown, which is at 9:30 pm. Visits are not to be interrupted during meals or head counts. According to the officers, if a meeting continues through meal hours, detainees have a menu tray or a sack meal brought to them at the visitation room; Detainee b6, b7C stated that food would be provided only after the meeting, rather than during it. Officer b6, b7C also stated that the attorney visits with those in disciplinary or administrative segregation are not limited. b.

Attorney Access

The Standards provide that attorneys without bar cards must be granted access if they show other available documentation to demonstrate bar membership. An attorney or an accredited representative should not have to submit a G-28 for a pre-representation interview. And, upon presentation of a letter of authorization from a supervising attorney, legal assistants, law students, or law graduates, and non-attorneys with appropriate identification should be allowed entry. The facility fails to meet all the criteria. The Inmate Handbook is silent about this standard. Officer b6, b7C stated that an attorney who does not carry a bar card and who is not on the Bar Association list of Attorneys ostensibly provided may not be allowed to meet with her client. He denies any knowledge of the G-28 form, but he then asserts it is not necessary. Also in accordance with the Officer, any other legal representative, interpreter and investigator can visit

3

Inmate Handbook (January 22, 2001) at 9. Only one of the detainees interviewed had received a copy of the Inmate Handbook; the delegation was told that there is a copy of it in the cell block.

3 NY\807941.3

the detainee if there is proof of authorization from a supervising attorney firm and if this proof is pre-approved by the Facility’s administration. 4 c.

Security Concerns

At the MCCI, according to Officers b6, b7C and 5 corroboration, there are no strip searches after legal visitation. d.

with detainees’

b6, b7C

Access to Contact Information for Legal Services

The delegation observed that there is insufficient access to Information for Free Legal Services at the MCCI. The Inmate Handbook does not include any instructions about it, but the staff referred to a phone number through which you can have access to a list of public defenders. Some of the detainees interviewed mentioned the existence of a list of names of free legal services maintained in the unit. However, it was not clear to the delegation whether the MCCI provided the list or if it was provided by ICE, before the detainees’ admittance to the facility. In any case, the detainees reported that the list is largely useless to them because they are given no free calls and the cost of outgoing calls is prohibitive. The only real option when calling attorneys or legal aid providers is to call collect and they routinely do not accept the charges.6 b6, b7C Moreover, Mr. reports that, through calls with his family, he has learned that none of these organizations listed help individuals convicted of a felony. During the tour, the delegation did not observe any list posted near the telephones. e.

Visitation Conditions

The Standards provide that facilities should allow detainees to meet privately with their current, or prospective, legal representatives and legal assistants, and to meet with their consular officials. An attorney or legal representative should be provided with a private room to conduct a meeting with possible visual, but no audio observation. Attorneys, legal representatives, law students and legal assistants should be able to provide the detainee with paper documents, and the detainee should have the right to retain or have reasonable access to them. At the MCCI, detainees meet with their legal representatives in rooms with glass walls, located immediately outside the units where detainees are housed. Therefore, the room interior is observable by the Facility staff, but conversations are private. There is one legal visitation room per unit but Officer b6, b7C asserted that, if necessary, special arrangements are made so that meetings can be conducted in other improvised rooms. However, detainees mention that because only a very small number of detainees actually have legal representation, there has not

4

b6, b7C

Interview.

5

Interview with detainee

6

b6, b7C b6, b7C Interview; b6, b7C Interview; interview with detainee July 17, 2003. b6, b7C also explained he had a public defender for his felony conviction but has not had a lawyer for any of his INS problems. Similarly, b6, b7C and b6, b7C stated that they are not legally represented.

b6, b7C

July 17, 2003; Interview with detainee

4 NY\807941.3

b6, b7C

, July 17, 2003.

been any situation when these special arrangements were necessary during the length of their stay. 7 Officer b6, b7C stated that detainees are allowed to keep paper documents in their cells; however, when the volume of stacked documents becomes excessively large, the staff strongly advises detainees’ attorneys to take most of these documents with them, for safety reasons. 8 2.

Visitation by Family and Friends a.

Visitation Times and Duration

The Standards provide that Facilities should permit authorized persons to visit detainees within secure and operational constraints and that ICE should encourage visits from family and friends. Additionally, facilities should permit members of the media and non-governmental organizations to have access to non-classified and non-confidential information about the facility’s operation. The Standards provide that visiting hours should be clearly posted and permitted during set hours on weekends and holidays. Special arrangements should be available for family members who are unable to visit during regular visiting hours. Visits should be for at least 30 minutes. The visitation schedule was posted at the front door but it is not clearly outlined in the Inmate Handbook. 9 Copies of the schedule are also available at the visitation room for distribution to detainees and visitors. According to the schedule, the general population is allowed non-contact visits four times a week and contact visit once a week. The staff purports to be “flexible” with visiting times for family members, and, according to Officers b6, b7C and , if normal visiting hours are a hardship for family members, arrangements can be made b6, b7C for visits at other times. 10 At least one detainee differed with the officers on this point, saying that, outside of normal visiting hours, no special arrangements are ever made. 11 Staff states that visits last for 30 minutes, but detainees differ and consistently assert the visits are only for about 15 minutes. 12 Visiting hours for non-contact visits are from 12 noon until 8 pm on Wednesdays and Thursdays. On weekends the hours are from 8 am until 4 pm. 13 Visitors are required to register in certain prescribed times. Thus, visitors for male detainees whose last names start with the 7

Interview;

b6, b7C

b6, b7C

Interview.

8

It should be noted that inmates’ storage bins can only accommodate a very small amount of materials.

9

There are two provisions in the handbook relating to visitation hours where it is asserted generally that “regular visiting for the general population is held everyday except Monday and Tuesday” and that inmates in administrative segregation, infirmary, and protective custody will be allowed non-contact visits on Fridays, from 2:15 pm to 4:00 pm. Inmate Handbook (January 22, 2003) at 7-8.

10

Inmate Handbook (January 22, 2001) at 9.

11 12 13

b6, b7C

Interview.

b6, b7C

Interview;

b6, b7C

Interview.

Inmate Handbook (January 22, 2001) at 9.

5 NY\807941.3

letters A to L should register for a visit between 12:15 pm and 3:30 pm on Wednesdays and Fridays, and between 8:15 am and 10:30 am on Saturdays and Sundays. Visitors for male detainees whose names start with the letter M to Z, in turn, should register for a visit between 5:45 pm and 6:30 pm on Wednesdays and Thursdays, and between 12 noon and 1 pm on Saturdays and Sundays. Finally, visitors for female detainees should register between 6:30 pm and 7:00 pm on weekdays and between 2:00 pm and 2:30 pm on weekends. On Fridays, detainees in administrative segregation, infirmary, and protective custody may receive noncontact visits from 2:15 pm until 4 pm. 14 Inmates are restricted to one non-contact visit per day and visits are limited to five visitors. The facility also allows for pre-scheduled contact visits on Fridays, from 8 am until 2 pm. Detainees have to file an “Inmate Contact Visit Request Form” at least two weeks prior to the expected visit. After approved by the POD Officer, detainees must notify their intended visitors. 15 The Handbook states that contact visits are available for any inmate meeting certain requirements, mainly concerning disciplinary measures. 16 It also states that inmates are allowed only one contact visit in a thirty-day period and up to two (2) visitors can be permitted on each contact visit. 17 Detainees contend that, as a rule, contact visits are allowed only after several months of stay in the facility. 18 b.

Other Limits on Visitors

The Inmate Handbook provides that “the number of visitors, schedule, space and personal constraints limits length of visit.” 19 It also provides that children under eighteen (18) years of age have to be accompanied by a parent or a legal guardian. 20 Although the Standards provide that they should be able to visit each other during regular visiting hours, Officer b6, b7C reports that detainees cannot meet with other immediate family members detained at the same facility. Family members can leave money orders for a detainee’s account. 21 The schedule specifies that proper photo identification and attire is required for visitors. The handbook describes the types of identification that are acceptable 22 but does not say anything about attire. Officer b6, b7C explained that it cannot be revealing. The Standards also provide that a facility disciplinary system should not allow for b6, b7C deprivation of access to legal or family visitation. However, Officer reports that 14

Id. at 8.

15

Id.

16

Id.

17

Id.

18

b6, b7C

Interview; b6, b7C Interview.

19

Inmate Handbook (January 22, 2001) at 9.

20

Id.

21

Id.

22

Id. at 8.

6 NY\807941.3

visitation rights may be revoked as punishment for infractions and the handbook states that detainees in “disciplinary detention shall have no visits, unless approved by the watch commander and for emergent reasons.” In the same way, detainees in administrative segregation, infirmary, protective custody or on lockdown status will be denied contact visits. 23 c.

Security Concerns

The Standards and the Inmate Handbook provide that detainees may be subject to a patdown search before a contact visit and be strip-searched after a contact visit. Staff confirms that a strip search is performed after each contact visit. Staff asserts that there are no strip searches after non-contact visits and the detainees interviewed concur. B.

Telephone Access

The Standards provide that facilities shall permit detainees to have reasonable and equitable access to telephones. This includes, among other things, multilingual operators and reasonable rates. The ICE Standards dictate that detainees should be able to make free calls through pre-programmed technology to consular offices, free legal service providers, local courts, government offices, and family members (in case of emergency). There are several problems with the phone systems at the MCCI. First, the Monmouth County jail does not have a system of pre-programmed calls in place. According to the ICE officials, 24 a new system for free pre-programmed calls should have been installed in May, but due to problems with the telephone company who will be providing the service, the installation has been delayed. 25 Officers b6, b7C and b6, b7C explained that if a detainee needs to make a free phone call, he should fill out a request form for the shift captain or for the social services department. Also according to the Officers, if the reason for the request is legitimate, it is usually granted within forty-eight (48) hours. However, the detainees we interviewed consistently indicated that no free phone calls are available. Detainee b6, b7C provided us with a copy of the third written request he has filed for free calls for his family and for legal services. His latest request was dated July 10th, and he claims not to have received any answer from the facility staff by July 17th, 2003. Second, collect calls are the only alternative detainees have to contact lawyers, consulates, and family. However, because the rates for collect calls are excessively high, legal services providers and consulates do not take the calls. According to Mr. b6, b7C and Mr. b6, b7C the first minute for domestic calls is $5.14 and $0.89 for each additional minute. Local calls are $2.45 for the first minute.

23

Id.

24

The ICE officers who accompanied this delegation are

25

b6, b7C

Interview;

b6, b7C

nterview.

7 NY\807941.3

b6, b7C

and

b6, b7C

Third, ICE Standards require that detainees should be able to discuss their legal cases on the phone in a private environment and that detainees legal calls should not be monitored without court order. There are eight telephones in each unit common area. These phones, however, do not provide any privacy. They are in a visible, open environment, surrounded by other detainees and/or guards. The Inmate Handbook provides that calls may be monitored, 26 but Monmouth staff asserts that they are not. 27 Detainees comment that, since most of them hardly make any calls at all, due to the financial obstacles mentioned above, privacy has not been an issue for them. Finally, the Standards provide that the detention facility should receive and deliver phone messages for a detainee promptly. Officer b6, b7C said that the MCCI does not provide an answering service for attorneys and does not deliver any messages from family members. Officer b6, b7C on the other hand, asserted that, in a family emergency or for legal purposes, accommodations can be made for delivering messages to the detainees. At least one detainee disagreed with this assertion. 28 The insufficient access to phone calls was cited as one of the detainees’ principal complaints. 29 Legal Materials

C.

The Standards mandate that IGSA’s establish and maintain a law library. 30 The library must be adequately lighted, reasonably quiet, and large enough to support legal research and writing. It must also contain an adequate number of tables and chairs to accommodate all detainees who wish to use the facility. Finally, the library should provide one typewriter or computer per five detainees, as well as sufficient writing materials and texts to enable detainees to conduct research and prepare legal documents. Plainly, the MCCI library does not meet the requirements set forth in the Standards. While the library is large enough to accommodate up to 25 detainees, it is not sufficiently equipped to support legal research and writing. 1.

Materials Identified in Attachment A-2 of the Standards

The Standards require the library maintain the legal materials listed in Attachment A-2 of the Access to Legal Materials chapter of the Detention Operations Manual. These materials must be updated regularly and supplemented with timely information regarding significant regulatory and statutory changes affecting the detention and deportation of aliens. A current list of available texts and materials should be posted in the library. To ensure these requirements are

26 27 28 29 30

Inmate Handbook (January 22, 2001) at 5. b6, b7C b6, b7C b6, b7C

Interview.

Interview. Interview;

b6, b7C

Interview; b6, b7C Interview.

Detention Operations Manual, Detainee Services Chapter 1: Access to Legal Material.

8 NY\807941.3

met, the facility must designate an employee with responsibility for inspecting, updating and maintaining the library materials in good order. 31 The MCCI does not have the following material that is required pursuant to Attachment A-2: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Administrative Decisions Under Immigration & Nationality Laws; Immigration Law and Crimes; Guide for Immigration Advocates; Country Reports on Human Practices; Human Rights Watch – World Report; UNHCR Handbook on Procedures and Criteria for Determining Refugee Status; Considerations for Asylum Officers Adjudicating Asylum Claim 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; Black’s Law Dictionary; Directory of Non-profit Agencies that Assist Persons in Immigration Matters; and 14. Telephone Books (yellow pages). In addition, the following research references found in the library have not been consistently updated: 1. 2. 3. 4. 5. 6. 7.

Code of Federal Regulations, Title 8, Aliens and Nationality (1997); Bender’s Immigration and Nationality Act Service (1999); Bender’s INA Regulation Service; Rights of Prisoners; Federal Habeas Corpus, Practice & Procedure; Hard copies of United States Code, Title 8, Aliens and Nationality (1998); and Hard Copies of BIA decisions (most recent decision dated 2000).

Based on the quantity of materials missing from the library’s collection, it is clear that the facility’s library officer has not promptly replaced missing texts, nor has she regularly updated existing materials. 2.

Library Conditions

The MCCI library is composed of two connected rooms: one for books and a reference desk, and another for the typewriters, the computers, and reading tables. In the first room, closer to the hallway, there are bookshelves around three contiguous walls. There are also two large

31

Detention Operations Manual, Detainee Services Chapter 1: Access to Legal Materials.

9 NY\807941.3

tables (with no chairs) in the middle of the room where detainees can stand and read. In the second room, there are seven typewriters, four computers, and a few tables. It appears to be quiet, well lit, and appropriate for researching. 3.

Access to the Library, Equipment, and Holdings

The Standards mandate that an adequate number of typewriters and/or computers, carbon paper, writing implements, writing tablets, and non-toxic liquid paper be available for use by the detainees. The Standards mandate that each facility devise a flexible schedule, in order to permit all detainees’ use of the law library for a minimum of five hours per week. These five hours cannot cause a detainee to miss a meal, recreation time, or any other planned activity. Detainees are to be provided with free stationery. As stated previously, it is questionable whether the law library at the MCCI provides its detainees with access to the equipment necessary to draft and produce legal documents. At the Monmouth County Jail, detainees may have direct access to the typewriters but cannot use the computers without a library assistant’s help. 32 Moreover, according to the detainees we interviewed, the library hours are severely limited. Mr. b6, b7C asserts that detainees have access to the library for one to one and half hour, on Fridays. Mr. b6, b7C confirms detainees have access to the library once a week, but he claims that they may have access to it for only fifteen minutes. 33 4.

Photocopies and Mail

Detainees are provided with photocopies of cases upon request. They are entitled to a total of twenty five (25) pages or three (3) cases per week, which, according to the request form, will be delivered to them in “no earlier than 48 hours.” The request form also lists the available research areas: post conviction remedies, habeas corpus, civil rights, and conditions of confinement only. According to Mr. b6, b7C a library assistant collects the requests for copies on Mondays and Wednesdays, but he also complained that this service is frequently interrupted. 34 The Library Officer confirmed that nobody substituted for her when she took a two-week vacation. 35 Under the Standards, indigent detainees should be provided with two envelopes and three regular stamps for legal mail. Specifically, the Standards provide that “[t]he facility will provide indigent detainees with free envelopes and stamps for mail related to a legal matter, including correspondence to a legal representative, potential legal representative, or any court.” However,

32 33 34 35

Library Officer Interview. b6, b7C

Interview; b6, b7C Interview.

b6, b7C

Interview.

Library Officer Interview.

10 NY\807941.3

according to the detainees we interviewed, those supplies are not free and they have to pay for pens, pencils, envelopes, stamps, and paper, even if they are indigent. 36 5.

Notaries, Certified Mail, and Miscellaneous Needs Associated with Legal Matters

The Standards require that “[t]he facility shall provide assistance to any unrepresented detainee who requests a notary public, certified mail or other such services to pursue a legal matter” if the detainee is unable to meet the need through family members or community organizations. 37 The Librarian has said that certified mail is available upon request if the detainee pays for it. D.

Group Rights Presentations

The Standards provide that facilities shall permit authorized persons to make presentations to groups of detainees for the purpose of informing them of U.S. immigration law, and procedures consistent with the security and orderly operation of the ICE facility. All facilities must cooperate fully with authorized persons seeking to make such presentations. According to MCCI staff, no organization has ever requested authorization to make presentations there. IV. OTHER GENERAL OBSERVATIONS UNRELATED TO THE LEGAL ACCESS STANDARDS A.

Recreation

The Standards require generally that “all facilities shall provide ICE detainees with access to recreational programs and activities, under conditions of security and supervision that protect their safety and welfare.” 38 In addition, the Standards provide that “[e]very effort shall be made to place a detainee in a facility that provides outdoor recreation. If a facility does not have outdoor area, a large recreation room with exercise equipment and access to sunlight will be provided.” 39 Where outdoor recreation is available, each detainee must have access to at least one hour per day of recreation, five days a week, weather permitting. 40 Although the Inmate Handbook states only that detainees “have the right to… a regular exercise period…”,41 according to Officers b6, b7C and b6, b7C detainees are able to have outside and inside 36

b6, b7C

gave the delegation a price list that includes the items listed.

37

Detention Operations Manual, Section 1(P) “Notaries, Certified Mail, and Miscellaneous Needs Associated with Legal Matters.” The Delegation did not have sufficient time to obtain answers to these questions or verify compliance with the Standards.

38

Detention Operations Manual at Section 27, I.

39

Id. at III.A.1.

40

Id. at III.B.1.

41

Inmate Handbook (January 22, 2001) at 17.

11 NY\807941.3

recreation for at least one hour, seven days a week, any time before lockdown, which is at 9:30 pm. •

Detainees recreate with other detainees of the same classification. 42

•

Detainees may choose between an indoor recreation room with exercise equipment, an outdoor basketball court and inside recreational activities such as chess, dominoes, and baccarat.

•

Recreation is available to detainees held in segregation on the same terms, although such detainees may not recreate with general population, and only once a week with other detainees held segregation. 43

•

There are certain type of punishments that are not permitted at the MCCI. “Punishment shall not include restrictions in the following: … g. Exercise”. 44

The Standards provide that mental and medical health professionals, and interpreters, with appropriate identification, should also be allowed entry. Mental and medical health professionals, on the other hand, are not allowed to visit detainees. 45 B.

Access to Medical Care 1.

Generally

The Standards set forth a broad policy that “detainees … have access to medical services that promote detainee health and general well-being.” 46 The Standards require that detainees be provided with an initial medical screening and have access to primary care, and emergency care. 47 Although emergency dental care is required, “[r]outine dental treatment may be provided to detainees from whom dental treatment is inaccessible for prolonged periods because of

42

Detention Operation Manual at III.B.1.

43

Interview with Captain 2003.

44

Inmate Handbook (January 22, 2001) at 29-30.

45

b6, b7C explained that when detainees are admitted to the facility, they go through a thorough medical screening, when their personal mental and medical health professionals may be consulted in order to provide information on their health. But once admitted, they have to rely on the Facility’s medical staff. b6, b7C Interview.

46

Id. at Section 24, I.

47

Id. at III.A.

b6, b7C

July 17, 2003. Interview with Lieutenant

12 NY\807941.3

b6, b7C

, July 17,

detention for over six months.” 48 The information we received regarding health services indicated that the MCCI has met these Standards. b6 The delegation met with , the Health Services Administrator, to discuss the medical policies at the MCCI. The medical facility has been NCCHC accredited for 11 years and is currently in the process of its 4th reaccredidation. While it does not have JCAHO accreditation (apparently for hospitals), it does work with Central State Medical Center in Freehold, New Jersey, a JCAHO accredited hospital, for outpatient services.

An overriding theme of our visit was that while they receive a different designation and are generally segregated from the inmate population, the detainees are provided with the same services as the inmates. By and large, this means that the prison is more concerned with complying with ACA, rather than ICE, standards. Ms. b6 was more or less ignorant of the ICE medical access standards and did not know if the nurse who most often spoke with the ICE contacts regarding detainees was familiar with ICE forms and procedures. The staff of the medical center at the prison consists of two doctors, two “and a half” nurse practitioners (per Ms. b6 ), thirty nurses, two dentists, one oral surgeon, one dental assistant, two psychiatrists, four psychologists, one nurse midwife, one orthopedic surgeon, one optometrist, and one physical therapist. The physical therapist, surgeons, and midwife are available on call. The optometrist visits the facility once monthly. Other medical situations requiring different specialists are handled through the hospital. Detainees receive the same initial examination as inmates. This facility houses detainees that usually come directly from another prison, so the intake health procedures are the same for everyone. This initial examination is conducted by a nurse within 24-48 hours of arrival at the facility. Examination with a physician will occur during that period if there is a history of infectious disease or other serious malady. If the detainee has no paperwork confirming a tuberculosis test within the last six months, he or she is given a PPD and evaluated for signs and symptoms by an infectious disease trained nurse. If the detainee displays symptoms, she or he is placed in one of the facility’s two reverse flow isolation rooms. If there is no serious medical history, the detainee is seen by a physician within 14 days of arrival. Detainees also receive a mental health evaluation upon intake. Medications are stored in a secure area. Detainees are permitted (according to Officer ) to administer “self carrying” medications to themselves. 49 They must go to the medical facility to receive narcotic or potentially dangerous medications. b6, b7C

The health services are outlined on pages 12-14 of the inmate handbook.

48

Id. at III.E.2.

49

Inmate Handbook (January 22, 2001) at 14.

13 NY\807941.3

2.

Detainee Concerns

Detainees expressed concern in interviews about the fact that they are charged 5 dollars per visit to the medical facility and that they are also charged for medicine and other services. Detainees also expressed concern about the fact that one may not cancel a scheduled visit to the medical facility even if, for example, the underlying condition for which the appointment was made has passed without paying the $5 fee. Physicians are required to “see a person whose name has been placed on the [sick] list within a reasonable time.” 50 C.

Detainee Handbook

The Standards require that “[h]andbooks should be distributed to each detainee upon their admission to any facility in which they will be detained for more than 72 hours. Handbooks should be available in languages other than English.” As previously noted, there is no detainee-specific handbook at the MCCI. There is, however, an Inmate Handbook, revised as needed, supposedly provided to every inmate and detainee upon intake. Almost none of the detainees had been given a copy of the book. Deputy Warden b6, b7C told us that the handbook is currently undergoing revision. Detainees expressed concern that they had not received the book. One detainee claims to have obtained a copy of the book only after a written request. 51 The inmate handbook is available in English and Spanish. There are no plans to create a separate detainee handbook. It was unclear from discussions with Deputy Warden b6, b7C if the revised handbook would contain a section on immigrant detainees. The handbook adequately lays down all of the prison policies regarding classification, inmate rights and responsibilities, work, recreation, health, religion, housing, clothing, grievance, and disciplinary policies. There is no section in the handbook relating to specific rights and responsibilities of immigrant detainees. Specifically, there is no mention of ICE proceedings nor is there mention of social services particular to immigrant detainees. D.

Detainee Grievance Procedures

The Standards require that “[e]ach facility must develop standard operating procedures that address detainee grievances including emergency grievances and must guarantee against any reprisals.” The Standards require both formal and informal grievance procedures. When detainees have a grievance at the MCCI, they may proceed informally to their “pod officer” (OIC) to see if it can be worked out within the pod. This process is encouraged for small matters. According to Officer b6, b7C detainees who wish to have their grievance dealt with formally fill out a grievance form which is sent to Captain b6, b7C who decides what should be done. If Captain b6, b7C is unable to solve the problem and it pertains to the detainee’s immigration status, the grievance is faxed to ICE for review. It is unclear what the policies are regarding special help for detainees who may have difficulty filing a grievance in English. Mr.

50

Id. at 13.

51

Interview with detainee

b6, b7C

July 17, 2003.

14 NY\807941.3

b6, b7C of ICE told us that officers from ICE visit the facility once or more per week to discuss grievances and other issues with detainees. Mr. b6, b7C said that each officer may be responsible for up to 90 detainees.

The grievance rights, rules, and procedures are found on pages 32-34 of the Inmate handbook. Inmates and detainees may file grievances regarding medical care; conditions of confinement; general classification procedures; general discipline procedures; inmate program participation; telephone, mail, and visiting procedures; food, clothing, and bedding issues; and religious preference. 52 Inmates may appeal decisions made by their watch commander. Appeals are handled by the deputy warden. 53 Several detainees told us, in addition to the substance of their grievances, that their complaints go unanswered. Detainees did not seem well informed of the formal grievance procedures. E.

Disciplinary Policy & Segregation

The rules of conduct, sanctions and procedures upon violation are defined in the Inmate Handbook. As noted, according to prison officials, it is given to all detainees on entry to the facility, but detainees almost uniformly asserted they did not get it.54 Any rules that are unclear are to be explained by an officer. 55 The Handbook also includes sections on inmate rights and privileges, prohibited acts, and minor and major violations and sanctions. If a problem situation arose that required a detainee to be placed in either administrative or disciplinary segregation, the officials at MCCI would contact ICE. There are currently no ICE detainees in either type of b6, b7C segregation, nor does Captain recall any ICE detainee ever requiring such measures. 56 The segregation measures discussed herein therefore reflect Monmouth’s general inmate policies, which would apply to ICE detainees as well and are stated in the Inmate Handbook. Disciplinary segregation results when there is a charge against an inmate due to an infraction. The maximum length an individual may be placed in this segregation is 30 days (2 infractions resulting in 15 days each). A charge sheet is created when an inmate goes into the special management unit (“SMU”). The inmate receives a copy of the order within 24 hours, and it is reviewed by a captain the next day. 57 Administrative segregation results from a threat (for example, to staff) based on an individual’s propensity or past history. 58

52

Id. at 33.

53

Id. at 34.

54 55 56

b6, b7C

Interview; b6, b7C Interview. There is no separate Detainee Handbook.

Inmate Handbook (January 22, 2001) at 19. b6, b7C

57

Id.

58

Id.

Interview.

15 NY\807941.3

When a minor offense occurs, a verbal or written warning may be given, possibly accompanied by the loss of 1 or 2 days of recreation privileges. When these more informal resolutions are not suitable, a captain informs the ICE via fax of the charges and incident report. 59 The disciplinary board which adjudicates major offenses is composed of a three-member panel: one custody supervisor and two non-custody civilian staff members. These board members are not to have filed the complaint, witnessed the accident, participated in the investigation, have responsibility for subsequent review of the decision or have personal interest in the outcome. 60 During a hearing, the board considers statements taken during the preliminary investigation onsite, written reports and any other evidence, and pleadings by the inmate and staff representative. Although a paralegal is available to an inmate facing a disciplinary hearing if requested, this information is not stated in the inmate handbook. 61 The use of confidential informant information is governed by written procedures, and inmates have the right to crossexamine witnesses against them at the hearing. 62 Findings are not based on the reasonable doubt standard but require overwhelming evidence. The inmate handbook specifies that major infractions will be investigated within fortyeight hours of the time the disciplinary report is served upon the inmate. 63 Postponements are to be allowed for inmates for causes such as preparation of a defense, illness or unavailability of an inmate, further investigation required of a factual matter relevant to the hearing or pending criminal court prosecution. 64 These extensions are limited to 1-3 days. Postponements are not to be granted to staff except for a holiday or emergency. 65 Disallowed sanctions are to include restrictions on the following: food, health and sanitary facilities, clothing, access to medical needs, reading and correspondence (mail), hygienic implements, and exercise. 66 An inmate in administrative segregation may have his physical exercise restricted to a more secure area and singly, instead of with other inmates. The disciplinary system at Monmouth has progressive levels of review and appeals, which are documented. According to Captain b6, b7C it is possible for a reviewer to recommend early release from the SMU, depending on the merits of the case. An inmate files an appeal with any captain, who examines and makes a judgment on the case. Appeals to the Deputy Warden and Warden are also possible through the grievance procedure. Inmates are to

59

Id.

60

Inmate Handbook (January 22, 2001) at 30-31.

61 62

b6, b7C b6, b7C

Interview; Inmate Handbook (January 22, 2001). Interview.

63

Inmate Handbook (January 22, 2001) at 19.

64

Id. at 31.

65 66

b6, b7C

Interview.

Inmate Handbook (January 22, 2001) at 29-30.

16 NY\807941.3

be given the appeal form at their hearing and have forty-eight hours to submit it. 67 Paralegals are available to help them with this process. 68 The answer to these appeals are provided in writing. Standard procedure also includes review of an inmate’s disciplinary detention at set intervals, which are conducted by the classification committee. Administrative segregation is reviewed every 30 days; officers did not know of cases where an inmate was in segregation for longer than a few months. 69 This committee looks at all documented information and makes a formal written review, which the inmate receives, explaining its decision and rationale. The inmate is interviewed as needed, if information is not clear or certain. 70 F.

Administrative Segregation & Special Management Unit (“SMU”)

Inmates can be in protective custody without segregation. A request to place a detainee in the administrative SMU must be made in writing, unless the cause is so immediate and obvious as to obviate the need for a request. There are two main types of protective custody: when an inmate faces a death threat and must be segregated (for example, for testifying against another inmate), or when an inmate must be kept away from another inmate and is therefore housed in a different unit. There are not any ICE detainees in protective custody, administrative detention or segregation. Protective custody it is an overt attempt to guarantee inmate safety; inmates in administrative segregation have the same general privileges though they may have different restrictions of time and availability. 71 Segregated inmates do not have less opportunity to exchange or launder clothing than the general population. Detainees’ access to the law library is the same as the general population’s, though at it’s own times and separately from other inmates. They receive three meals per day, from the same menu as the general population, and are able to maintain a normal level of personal hygiene. Visits from clergy are allowed. Visitation is allowed on Friday mornings only, not normal visiting hours. There is no television in the room. The delegation did not tour the SMU and did not observe its conditions first-hand. According to an officer, the SMU is well-ventilated, adequately lighted and heated, and maintained in sanitary condition. A health care professional visits at least three times weekly, and shift supervisors visit daily, including weekends and holidays. Every cell is equipped with a bed that is secured to the wall. The number of inmates per cell does not ever exceed the occupancy limit. 72 The criteria for objectively assessing living standards are included in the facility’s written procedures; as an accredited facility, it is up for review every three years. Reviews are conducted for inmates in administrative segregation every thirty days, with a copy 67 68

Id. at 32. b6, b7C

Interview.

69

Id.

70

Id.

71

Id. Inmates are provided barbering services, recreation, reading material, religious materials and the same correspondence privileges given to the general population. Telephone access is limited to one hour.

72

b6, b7C

Interview.

17 NY\807941.3

of all decisions going to the inmate. Appeals of decisions can be made to the classifications committee. 73 The SMU maintains a permanent log, where it registers detainees’ activities. This log includes information on meals, hygiene, exercise and medical care. There are also daily records maintained for each day a detainee is in administrative segregation, which are retained until the detainee returns to the general population.74 G.

Voluntary Work Program

MCCI has a voluntary work program, run by Captain b6, b7C 75 About 20-30% of the general population works through the program and about 10-15% of the detainees. The figure is lower for detainees because they are often not at Monmouth long-term. 76 Both sentenced and unsentenced inmates can participate; 77 low level-three detainees can also participate if they have been sentenced. “Special needs” inmates (including detainees), those who are physically or mentally challenged, can participate in the program as well. Individuals are paid according to state standards and are discouraged from opting out of the work program. Detainees are paid a stipend “as required,” which they can put into their commissary account. 78 To qualify for a job, an inmate/detainee must go through classification, which includes a security check and an examination of the inmate’s file. 79 According to Captain b6, b7C the facility rarely runs out of work or workers. Typically, an individual in the work program will have a progression of jobs based on security levels, for example, from kitchen, to floor, to outside detail. Work at an outside site requires clearance; at MCCI, only sentenced inmates may do outside details, such as road crew. Inmates often work only 3-4 hours a day, depending on their job. They would not usually work over the standard 40-hour work week, according to Captain b6, b7C Whether the work schedule is fixed depends on the job; some responsibilities are more flexible than others. The Inmate Handbook specifies that work privileges can be rescinded for “failure to report for work or reporting for work in an unsanitary condition or failure to perform satisfactorily.” 80 Before being removed from a work detail, an inmate would be charged and

73

Id.

74

Id.

75

Id.

76

Id.

77

Inmate Handbook (January 22, 2001) at 10.

78

b6, b7C

Interview.

79

Id. Inmates who are prone to fighting, for example, might only be tried out in particular jobs.

80

Inmate Handbook (January 22, 2001) at 11.

18 NY\807941.3

have a hearing with due process. Any decisions are recorded, and unless the infraction is serous, removal is usually not permanent and lasts only 15-30 days. 81 Workers are trained before beginning a job. Food service workers are also given a medical check before training. and the program follows OSHA, NFPA, ACA and EOSH standards. 82 Updated versions of these standards are maintained onsite at the facility. If an INS detainee was injured on the job, he would be given medical care and an incident report and insurance work injury form would be filled out. 83

81

b6, b7C

82

Id.

83

Id.

Interview.

19 NY\807941.3