INTBR-GOVERNMENTAL SERVICE AGREEMENT

BKJWEBNTHE
UNITED STArns DEPARTMENT OF HOMELAND SECURITY
U.S. IMMIGRAl'lON.AND CUSTOMS ENFOItCBMRNT

AND
MONMOUTH COUNIY CORRECTIONAL INSTITUTION
This Inter-Governmental Service Agreement r Agreement") is entered into between United
States Department of Homeland Security Immigration and Customs Enforcement ("ICE"), and
Monmouth County Correctional Institution 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.
c. Guid
an
ce: This is a fixed rate agreement, not a cost reimbursable agreement, with.
respect to the detainee 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.
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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.
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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 an local government costs are pro-
rated 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
or inmates)
8) Contingencies
D. IntetPNtive Services: The Service Provider shall make special provisions for non-
English 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 on-
site 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
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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
4
9349
VIa. website: www.inshealth.org
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
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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
7
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
8
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.
9
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 s e r v i ~ 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 n - 1

Date: .:;pC! ,/0,2 __ _
Warden
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
ORDER FOR SUPPLI ES OR SERVICES I
PAGE
or PAGES
lMPORTANT:. Mark all packages and papers with contract and/or order numbers. I
1 3
1. DATE OF ORDER 2. CONTRACT NO. (If any)
6. SHIP TO:
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
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ICE/Detention Mngt/Detention IGSAs I:rn.-rnigration and Customs Enforcement.
Irmnigration and Customs Enforcement
801 I Street, NliJ
Office of Acquisition Management
Suite 900
425 I Nvl, Suite 2208
Washing Lon DC 20536
c. erN
1 d. STATE I: e. ZIP CODE
tvasnington
DC 20536
7. TO: f. SHiP VIA
a. NAME OF CONTRACTOR
COUNTY OF MONMOUTH
8. TYPE OF ORDER
b. COMPANY NAME
o a. PURCHASE [KJ b. DELIVERY
c. STREET ADDRESS
REFERENCE YOUR:
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Please furnish the following on the terms
subject to the tem1S and
and conditions specified on both sides of
of the aoove-nurnbered contract.
d. CITY
I fl. STATE I;f. ZIP CODE
this order and on the attached sheet, if any.
iooud:ng delivery as indicated,
FREEHOLD
NJ 077281256
9. ACCOUNTING AND APPROPRIATION DATA 10. REQUISITIONING OFFICE
See Schedule ICE Detention & Removal
11. BUSINESS CLASSIFICATION (Check appropriate bax(es))
\
12. F.O.B. POINT
D a. SMAll [] b. OTHER THAN SMALl
l
c, DISADVANTAGED
D g. SERVICE-
Destination
DISABLED
o d. WOMEN-OWNED [] e. HUBZone
D f. EMERGING SMALt VETERAN·
BUSINESS OWNED
13. PLACE OF 14. GOVERNMENT Bll NO. 15. DELIVER TO F.O,B, POINT 16. DISCOUNT TERMS
ON OR BEFORE (Date)
a. INSPECTION I b. ACCEPTANCE 30 Days After l-l.ward
Destination Destination
17, SCHEDULE (See reverse forRejoctions)
!TEM NO.
('I
18. SHIPPING POINT
a, NAME
SEES/LUNG
INSTRUCTIONS b. STREET ADDRESS
ON REVERSE (orP.a. Box)
C. CITY
WASHINGTON
22. UNITED STATES OF AMERICA
BY (Signature)
PREVIOUS EDITION Nor USABLE
SUPPLIES OR SERVICES
(b)
068704485
19. GROSS SHIPPING WEIGHT
U.S. DEPT . OF HOMELAND SECURITY
u. S. IMfvlIG. AND CUSTOMS ENFORCEMENT
OFFICE OF DETENTION AND REMOVAL
801 I STREET, N .l;., SUITE 800
UNIT
PRICE
('I
. INVOICE NO.
20536
AMOUNT

949,168.00
949,168.00
QUANTITY
ACCEPTED
(g)
17(i)
GRAND
TOTAL
Susan D. Erickson
TiTlE: CONTRACTING/ORDERING OFFICER
OPTIONAL FORM 347 (R••. 3i"l\)!)5)
lrl GSAlFAA CHl
DATE
ORDER FOR SUPPLIES OR SERVICES
SCHEDULE - CONTINUATION
08/0412008 DROIGSA07000141
ITEM NO.
(A)
0001
0002
SUPPLIES/SERVICES
(8)
05/01/2008 to
FOR CONTINUATION OF CONTRACT
iDR'OI(;SA(J7 00 00 14
$5,058,900.
IK" qlll';l'tion No: FNY080031. 1
Info:
MOLS - SEE REQUISITION
$1,199,168.00
FUNDING
IKE'q1llsition No: FNY080031.2
Instructions: Send one original
to the Program point of contact.
program official must determine if
Iservice have been received and
lac:ce,pted before Dallas Finance Center can
for payment.
include Task Order Number
on all invoices to
payment.
1 other terms and conditions remain the
(0)
UNIT
PRICE
(E)
OROER NO.
HSCEDM-08-F-IG055
AMOUNT
(F)
10 1,199,168. 1,199,168.00
1 LO 750 ,000. 750,000.00
QUANTITY
ACCEPTED
(G)
Prncrlbld by GSA
FAR (48 CfR)
ORDER FOR SUPPLIES OR SERVICES
SCHEDULE - CONTINUATION
IMPORTANT M rk 11 d "th t t df d :
,
a pac ages an papers WI con rae an orar ernum be
".
DATE OF o"RDER NO.
08/04/2008 DROIGSA07000141
ITEM NO. SUPPLIES/SERVICES QUANTITY
ORDERED
(A) (6) (e)
All other terms and conditions remain the
same.
The total amount of award: $1,949,168.00.
The obligation for this award is shown in
box 17 (il .
UNIT
(D)
TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17{H))
NSN 7540-01-152-8082
50:3-4S-101
IlORDER NO.
HSCEDM-08-F-IG055
UNIT AMOUNT
PRICE
(E) (F)
QUANTITY
ACCEPTED
(G)
.
OPTIONAL FORM 348 (Rev. 6185)
Prescribed by GSA
FAR (4e CFR)53.213(c)
.
.!
..
.
04/30/2007
2. C()N1'AICT HO. 0'''''
OR.OIGSA070014
P,IoOI!8
2
3. 0RDef\ NO.
RSCEOP07FIGO0023

!Wr0150990046.5
ImmiQration and
tl.1S81.-.o 0Ff1Ce
O.S. Dept. Of Homeland Security
Immigration and Enforcement
I Street, NW
RIo 2208
Washington DC 20536

425 '1 Street NW
E\m 2208
",CITY
WashinqtoD
________________________________________________
..
CQONTY OF MONMOOTI!
0 ... I'URCHA.SE

PO BOX 1256 FINANCE DEI'T 3M nooa
_MIWI ..
_Cllrld ...... ..-"" __ d
...... 0 .... h 1Ib:hod ......
FREEHOLD .".
a AHIl DAT"
See Schedule
11. IlUSHI!ISS
Oa.SIMU.

EII>o!IIIor\illlOQ ............. h
_ ... .......,crdor ..

.... _ottyol. ... *""'_ ..
... .,.. ..... -

-
12. F.o.e. POINT
DestinatiOn
15. CB..NeIt TO F.O.&. POKf
OH Of:\ BeF 0R:f (tIM)
•.
ll-estination
nBlNO.
(0)
SUPf'\E8 OR Rl'f\IK:ES
(1))
10 Number: 21-6000881
II. SIFf'tHO pown
.. NAME
&S18U.M
., 81lIEET AOOM88
OH_ (CI'P.O.aa.j
c. CIlY
WASHINGTON
22. UIorT£O STAn;$ Of .weucA
.
068704485
U. S. OEPT. OF HOMELAND SECURITY
O. S. IMKIG. AND CUSTOKS ENFORCEMENT
OFFICE OF DETENTION AND
801 1 STREET, SUlfE 800
30 Days After Award
• .
20536
23. HAAE (1')f>ftf)
$5,059,900 . 00
$5,058,900.00
D. Erickson

Net 30
OUAKTlTY
ACCUTEO ·
(
OPTlOHAL I'OIQt 14' __
-........... _ .... -
I.
Of' 0ADEfI I C(JI(1R;,CT HO.
04/30/2007 IDROIGSA070014
CULE· OHI)JfUA)lON
PAOE Of' PItOEI
2 I 2
i
OfQ!R"O·
HSCEOP07FIG00023
(F)
0001 Detention Service at Monmouth County
Correctional Institute (HSA). Freehold, Ny
for ImQlgratlon and
CICE) alien detainees
1 5,058,900.00 5,059,900.00
Daily aate $105.00 132 B£DS X $105 X 365
DAYS.
The Period of Kay 1, 2007
Aprii 30, 2008
total amount ot award:
obligation for award 1s shown In
box 17(1).
TOTAl. CN\RII!.O F9RYf'AD TO t 81' PAOI! (IT!M , 1M!
. --
.. --
- .. -
- ... <010-
-
Direct Dial: (212)_
...................
LATHAM&WATKI N SLLP
MEMORANDUM
September 28,2007
CONFIDENTIAL
53rd atThird
885 Third Avenue
New York. New York 10022-4834
Tel: +212.906.1200 Fax: +212.751.4864
www.lw.com
FIRM I AFFILIATE OFFICES
Barcelona New Jersey
Brussels New York
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Hamburg Paris
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London San Francisco
Los Angeles Shanghai
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Munich Washington. D.C.
To: John P_ Torres, Director, Office of Detention and Removal, Immigration and
Customs Enforcement
From:
Copies to:
Subject:
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>
2 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 newly-
created Department of Homeland Security ("DHS").
LATH AM& W AT K I ~ N S LLP
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 Officer-
in-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
On Wednesday, August 1,2007, in Freehold, NJ, the members of our delegation met with
several 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
males. At the time of our visit, the estimated that eleven women were housed
there. Warden Frazier and Officer the delegation that the facility housed
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 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 of delegation membe_ conversation with
9 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 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)
Contact Visits 1 :00 - 3:00 p.m.
15
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 also available at
16 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
••• on interview with detainee"
20 Notes of delegation member •••• 'Il' •• 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
(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 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 ii@
28 Notes of delegation member
member (tJ)(6)
29. Observations of delegation
30 Observations of delegation
on conversation with Officer
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
h
. . ,,34
t 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 pre-
programmed telephone code and thus are required to call collect or use a pre-paid
calling card to contact them.
36
stated that they do not have such codes for those
other service providers because ''those numbers are constantly changing" and it would require
too much work to update the pre-programmed codes 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 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.
36 Notes of delegation
37Notes of delegation
38 Observations of delegation
notes of delegation member ..
39 Notes of delegation member n conversation with Sgt. 111M'.'
40 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 Sgt.".
6
LATHAM&WATKINSLLP
make private telephone calls, because the phones where detainees make outgoing calls are all
located in the public dayrooms with no privacy safeguards.
44
The are out in the open,
and there are no Moreover, to Sgt . . aillhone
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
According to Sgt. .W,M 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
54 Notes of delegation
7
detainees alluded to
member.'.
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
. d· . 56
secunty con ItlOns. .
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
55 Notes of delegation member on conversation with Sgt. _MlitiM
56 Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
57 Notes of delegation
58 Notes of delegation
on conversation with
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
may return to the law library outside of their normally scheduled hours.
66
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
facilitate detainees' legal research and writing.
68
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
Attachment A to the chapter on Access to Legal Materials.
73
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 of Federal
64 MeeI Law Library Schedule.
65 MeeI Law Library Schedule.
66 Notes of delegation on conversation with Sgt ....
67 MeeI Law Library Schedule.
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 of delegation 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;:, of Nonprofit
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
did not have the Lexis Nexis CD-ROM software uploaded.
82
Sgt_M.¥ $;When attempted to
locate the software on one of the computers designated for library personnel use.
83
The CD-
ROM 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 conversation with Sgt .• ti)It.¥liM
79 Observations of delegation me:mblersl ••••••••••••••••••••• iand
. "iW
80 Notes of delegation membe ••••••• on conversation with Sgt ....
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
fulfill court procedural rules and retain a copy for his records.
97
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 and
92 Observations of delegation lUw!UlIw!"
93 Notes of delegation
94 Notes of delegation
95 Notes of delegation
96 Detention Operations
97 Detention Operations Manual, Detainee Services, Standard 1, Section IIU.
98 Detention Operations Manual, Detainee Services, Standard 1, Section IJU.
99 Notes of de legation
100 Notes of delegation
101 Notes of delegation
conversation with
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
. . k 102
secunty ns .
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
. I I . I 104
procedures govemmg access to ega matena s.
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 conversation with Sgt.' ••
104 Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
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 membe_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 includes all written
communication to or from attorneys, legal judges, courts, government officials,
and the news media-is treated 12 Incoming special correspondence can be
inspected for contraband only in the presence ofthe detainee, but it can never be read or
copied.
121
Outgoing special correspondence may not be opened, inspected, or read.
122
.
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 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 Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F.
121 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
122 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.
123 Detention Operations Manual, Detainee Services, Standard 3, Sections II1.B.
124 Detention Operations Manual, Detainee Services, Standard 3, Section III.I, and Standard 1, Section III.N.
125 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. ;,,11 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
required by the Standards.
130
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
127 Detention Operations
128 Notes of delegation
129 Notes of delegation
130 Detention Operations
on conversation with
interviews with
Standard 3, Section III.B.
conversation with
conversation with
Standard 3, Section IILE; notes of delegation membe4SM
J3J Detention Operations Manual, Detainee Services, Standard 3, Section III.!.
\32 Notes of delegation on conversation with Lt.N ••
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.
14
LATHAM&WATKI NSLLP
conduct and the sanctions imposed.13
6
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 S h e r i ~
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 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."
145 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
requested medical services.
160
For a facility of over 200 detainees, there must be sick call five
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 of delegation
151 Notes of delegation
152 Notes of delegation
153 Notes of delegation
Miriam Rodgers, on
154 Observations of delegation m e m b e . ~ l ••••••
155 Notes of delegation
156 Notes of delegation
157 Observation of delegation member
158 Notes 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
notes of delegation member
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 IV s, recovery from surgery, isolation rooms for
suspected TB, etc. 169 An OB-GYN is made available to pregnant detainees. 170 There is an on-
site 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 of delegation
165 Notes of delegation
166 Notes of delegation
167 Notes of delegation'
168 Notes of delegation
169 Notes of delegation
170 Notes of delegation
-
171 Notes of delegation mp.mh,f'r
172 Notes of delegation
173 Notes of delegation
174 Notes of delegation ..
175 Notes of delegation ..
177 Notes of delegation member
178 Notes of delegation member
179 Notes of delegation member
on conversation with Lt.
on conversation with Lt.
on conversation with Lt.
on conversation with Lt.
on conversation with Health Services Administrator r.
on conversation with Lt.
on conversation with Lt.
on conversation with Health Services AdmirlisU'ato:
on conversation with Health Services Admirlistrat()r
on conversation with Lt.'.l.
on'mterview with detainee ••
on conversation with Health Services
on conversation with Health Services
on conversation with
on conversation with
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
183 Notes of delegation
on conversation with Lt.
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
189 Notes of delegation
on conversation with
on conversation with
on cOnversation with
190 Detention Operations Manual, Detainee Services, Standard 4, Section I.
191 Detention Operations Manual, Detainee Services, Standard 4, Section I.
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 work-
folder during the classification process.
193
Detainees are to be assigned housing, offered
recreational activities, assigned work (at the detainee's request), and provided food service
according to their classification levels.
194
All facility classification systems shall ensure that a detainee may be reclassified any
time and the classification level redetermined.
195
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
appeal their classification level through a written request.
202
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 M a n u a ~ 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
and timely manner.
205
Detainees must also be allowed to submit a fonnal, written grievance to
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
1
207
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 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
210 Notes of delegation member
211 Notes of delegation member
212 Notes of delegation member
213 MCCI Inmate Handbook; pp. 33-34.
214 Notes of delegation
on conversation with
on conversation with
on conversation with
on conversation with
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' fi h f h . ·d 221
Wit m twenty- our ours 0 t e mCI ent.
. 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 on conversation with Lt .
...
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.
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 Pre-
hearing 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 if the 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
various sporting tournaments held within MCCt2
48
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
confiscation of offending items.
249
When asked if suspension of privileges also included the
suspension of visitation rights, Lt." stated that visitation rights would only be suspended
if the incident meriting disciplinary action involved visitation.
25o
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
be pennitted at any time in MCCt2
52
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
248 Notes of delegation mpmh",r
249 MCCI Inmate Handbook, p. 28.
250 Notes of delegation member
251 MCCI Inmate Handbook, p. 30.
252 MCCI Inmate Handbook, pp. 30-31.
253 MCCI Inmate Handbook, Sections 1(M) & 2.
on conversation with Lt.
on conversation with Lt.
on conversation with Lt.
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
consular/embassy officials, and family emergencies.
263
Detainees in segregation shall have the
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
11
269
greater access to legal ca s.
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
267 Notes of delegation
268 Notes of delegation
on conversation with
conversation with
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
must be equipped with beds.
257
Segregated detainees shall have the opportunity to maintain a
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 1 4 ~ 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
266 Notes of delegation membe
267 Notes of delegation
I ~ ~
, .
(0)(6..1 :
~ c •
268 Notes of delegation conversation with
269 Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
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 M a n u a ~ Detainee Services, Standard IS, Section III.B.
275 Detention Operations Manual, Detainee Services, Standard is, Section II1.B.3.
276 Notes of delegation
277 Notes of delegation
278 Notes of delegation
on conversation with
on conversation with
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
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 on conversation with Lt
286 Observations of delegation member •••••••
287 Notes of delegation member
288 Notes of delegation member
289 Notes of delegation member
290 Notes of delegation
292 Notes of delegation member
293 MCCI Inmate Handbook, p. 15.
conversation with Lt.
conversation with Lt.
conversation with Lt.
conversation with Lt.
conversation with Lt.
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 and health records (or transfer summary for IGSAs) must
accompany the detainee.
3
Prior to transfer, medical personnel must provide the transporting
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
conversation with
on conversation with
300 Notes of delegation 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
I I
· 307
P ace over mea 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 I n m a ~ 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
307 Notes of delegation
conversation with
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* Delegation Report
1. I Standatd 16, Telephone Access I •
• '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.
The detainee housing unit has a list of pre-
programmed 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
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; .
• 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)
ABA Commission on Iminigration - Detention Standards .Implementation Initiative
1
Source ICE Response
Officer
11122/2007
4. I Standard 16, Telephone Access I •
5.
• 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.
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.

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
ABA Commission on Immigration - Detention Standards Implementation Initiative.
2
Delegation
observations.
11/22/2007
6. Standard 1, Access to Legal Material • None of the following Attachment A materials Delegation
• III.C. The law library shall contain the materials listed in are available in the MCCI law library: United observations.
Attachment A. 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 )
ABA Commission on Immigration - Detention Standards Implementation Initiative 11/22/2007
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 a c c e ~ 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 library-
access, 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 )
ABA Commission on Immigration - Detention Standards Implementation Initiative
4
Law Library
Schedule.
Inmate Handbook.
11/22/2007
Standard 3, Correspondence and Other Mail I • The Inmate Handbook does not contain the I Inmate Handbook.
• 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
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)
11 J Standard 3, Correspondence and Other Mail I • 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)
• 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.
• 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 )
. ABA Comniission on Immigration - Detention Standards Implementation Initiative
5
11122/2007
Standard 6, Detainee Handbook I •
• 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, I.
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] I •
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
Standard 4, Detainee Classification System I •
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. I •
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,
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
The handbook does not advise detainees of their
right to protection from abuse and harassment
or right to freedom from discrimination. (p.IS
p.23
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
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)
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
ABA Commission on Immigration - Detention Standards Implementation Initiative
6
Inmate Handbook.
Inmate Handbook.
11/22/2007














NY\807941.3
53rd at Third
885 Third Avenue
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Tel: (212) 906-1200 Fax: (212) 751-4864
www.lw.com
FIRM / AFFILIATE OFFICES
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Washington, D.C.

MEMORANDUM
August 1, 2003


To:
Anthony Tangeman
From:
American Bar Association Delegation to the Monmouth County Correctional
Institute
1
File no:
502130-0003
Copies to:
ABA Commission on Immigration Policy, Practice and Pro Bono
Subject:
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
The delegation was comprised of Latham & Watkins attorneys ,
, and .
2
The INS is now known as the United States Immigration and Customs Enforcement (“ICE”).
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2
NY\807941.3
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 word-
processing 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.



3
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 and 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
stated that food would be provided only after the meeting, rather than during it.
Officer 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 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.
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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 and with detainees’
corroboration,
5
there are no strip searches after legal visitation.
d. 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

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 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
Interview.
5
Interview with detainee July 17, 2003; Interview with detainee , July 17, 2003.
6
Interview; Interview; interview with detainee July 17, 2003.
also explained he had a public defender for his felony conviction but has not had a lawyer for any of his
INS problems. Similarly, and stated that they are not legally represented.
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NY\807941.3

been any situation when these special arrangements were necessary during the length of their
stay.
7
Officer 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 and
, if normal visiting hours are a hardship for family members, arrangements can be made
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; 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
Interview.
12
Interview; Interview.
13
Inmate Handbook (January 22, 2001) at 9.
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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 non-
contact 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 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 explained that it cannot be revealing.
The Standards also provide that a facility disciplinary system should not allow for
deprivation of access to legal or family visitation. However, Officer reports that

14
Id. at 8.
15
Id.
16
Id.
17
Id.
18
Interview; Interview.
19
Inmate Handbook (January 22, 2001) at 9.
20
Id.
21
Id.
22
Id. at 8.
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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 pat-
down 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 and 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 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 10
th
, and he claims not to have received any answer from the facility staff by July 17
th
,
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. and Mr.
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 and
25
Interview; nterview.
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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 said that the MCCI does not provide an
answering service for attorneys and does not deliver any messages from family members.
Officer 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

C. Legal Materials
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
Inmate Handbook (January 22, 2001) at 5.
27
Interview.
28
Interview.
29
Interview; Interview; Interview.
30
Detention Operations Manual, Detainee Services Chapter 1: Access to Legal Material.
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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. Administrative Decisions Under Immigration & Nationality Laws;
2. Immigration Law and Crimes;
3. Guide for Immigration Advocates;
4. Country Reports on Human Practices;
5. Human Rights Watch – World Report;
6. UNHCR Handbook on Procedures and Criteria for Determining Refugee Status;
7. Considerations for Asylum Officers Adjudicating Asylum Claim from Women;
8. Immigration and Naturalization Service Basic Law Manual;
9. Lawyer’s Committee Handbook on Representing Asylum Applicants;
10. Legal Research in a Nutshell;
11. Legal Research & Writing: Some Starting Points;
12. Black’s Law Dictionary;
13. 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. Code of Federal Regulations, Title 8, Aliens and Nationality (1997);
2. Bender’s Immigration and Nationality Act Service (1999);
3. Bender’s INA Regulation Service;
4. Rights of Prisoners;
5. Federal Habeas Corpus, Practice & Procedure;
6. Hard copies of United States Code, Title 8, Aliens and Nationality (1998); and
7. 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.


10
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. asserts that
detainees have access to the library for one to one and half hour, on Fridays. Mr. 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. 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
Library Officer Interview.
33
Interview; Interview.
34
Interview.
35
Library Officer Interview.
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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 and detainees are able to have outside and inside

36
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.
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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 July 17, 2003. Interview with Lieutenant , July 17,
2003.
44
Inmate Handbook (January 22, 2001) at 29-30.
45
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.
Interview.
46
Id. at Section 24, I.
47
Id. at III.A.
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detention for over six months.”
48
The information we received regarding health services
indicated that the MCCI has met these Standards.
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 4
th
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. 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. ), 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.
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.
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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 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 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 detainees who wish to have their grievance dealt with
formally fill out a grievance form which is sent to Captain who decides what should be
done. If Captain 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 July 17, 2003.
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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. 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
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
Interview; Interview. There is no separate Detainee Handbook.
55
Inmate Handbook (January 22, 2001) at 19.
56
Interview.
57
Id.
58
Id.
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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 cross-
examine 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 forty-
eight 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 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
Interview; Inmate Handbook (January 22, 2001).
62
Interview.
63
Inmate Handbook (January 22, 2001) at 19.
64
Id. at 31.
65
Interview.
66
Inmate Handbook (January 22, 2001) at 29-30.
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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
Id. at 32.
68
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
Interview.
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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
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 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 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
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.
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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
Interview.
82
Id.
83
Id.
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