ICE Detention Standards Compliance Audit - Carver County Jail, Chaska, MN, ICE, 2009

The Habeas Citebook: Prosecutorial Misconduct - Header

ICE Detention Standards Compliance Audit - Carver County Jail, Chaska, MN, ICE, 2009

• June 2, 2016 • Locations: United States of America -> Minnesota • Topics: Corrections Audits, Immigration

Download original document:
Brief thumbnail

Document text

This text is machine-read, and may contain errors. Check the original document to verify accuracy.

Department of Homeland Security
Immigration and Customs Enforcement
Office of Detention and Removal

•

Condition of Confinement Review Worksheet
(This document must be attached to each G-324A Inspection Form)
This Form to be used for Inspections of all Facilities Used Over 72 Hours

ICE Detention Standards Review Worksheet
Local Jail- IGSA
State Facility - IGSA
ICE Contract Detention Facility
Name
Carver County Jail
Address (Street and Name)
606 East 4th Street
City, State and Zip Code
Chaska, MN 55318
County
Carver
Name and Title of Chief Executive Officer (Warden/OIC/Superintendent)
b6, b7c
, Commander
Name and Title of Reviewer-In-Charge
b6, b7c

Date[s] of Review
November 17-19, 2009
Type of Review
~ Headquarters
D Operational

•

DSpecial Assessment

DOther

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
G-324A Detention Inspection Form Worksheet for IGSAs - Rev: 07/09/07

TABLE OF CONTENTS

•

n..........................................................................

DETAINEE SERVICES STANDARDS (SECTION
3
ACCESS TO LEGAL MATERIALS .......................................................................................................... .
ADMISSION AND RELEASE ................................................................................................................ ..
CLASSIFICATION SYSTEM .................................................................................................................. .
CORRESPONDENCE AND OTHER MAIL ............................................................................................... ..
DETAINEE HANDBOOK ....................................................................................................................... .
FOOD SERVICE ................................................................................................................................... .
FUNDS AND PERSONAL PROPERTy ..................................................................................................... .
DETAINEE GRIEVANCE PROCEDURES ................................................................................................. .
GROUP PRESENTATIONS ON LEGAL RIGHTS ....................................................................................... .
ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS .................................................... .
MARRIAGE REQUESTS ....................................................................................................................... .
NON-MEDICAL ESCORTED TRIPS ...................................................................................................... ..
RECREATION ..................................................................................................................................... .
RELIGIOUS PRACTICES ....................................................................................................................... .
VISITATION ........................................................................................................................................ .
VOLUNTARY WORK PROGRAM ......................................................................................................... ..
HEALTH SERVICES STANDARDS (SECTION II) ......................................................................... 28
HUNGER STRIKES .............................................................................................................................. .
ACCESS To MEDICAL CARE .............................................................................................................. ..
SUICIDE PREVENTION AND INTERVENTION ......................................................................................... .
TERMINAL ILLNESS, ADVANCED DIRECTNES AND DEATH ............................................................... ..

•

SECURITY AND CONTROL STANDARDS (SECTION ITI) ............................................................. 38
CONTRABAND ........................................ , ........................................................................................... .
DETENTION FILES .............................................................................................................................. .
DISCIPLINARY POLICy ....................................................................................................................... .
EMERGENCY PLANS .......................................................................................................................... ..
ENVIRONMENTAL HEALTH AND SAFETY ............................................................................................ .
HOLD ROOMS IN DETENTION FACILITIES .......................................................................................... ..
KEY AND LOCK CONTROL .................................................................................................................. .
POPULATION COUNTS ........................................................................................................................ .
POST ORDERS .................................................................................................................................... .
SECURITY INSPECTIONS ..................................................................................................................... .
SPECIAL MANAGEMENT UNIT (ADMINISTRATIVE SEGREGATION) ...................................................... .
SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) .......................................................... ..
TOOL CONTROL ................................................................................................................................. .
TRANSPORTATION (LAND) ................................................................................................................ .
USE OF FORCE ................................................................................................................................... .
STAFF/DETAINEE COMMUNICATIONS ................................................................................................. .
DETAINEE TRANSFER STANDARD ...................................................................................................... .

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

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 2 of69

•
SECTION I

DETAINEE SERVICES STANDARDS

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 3 of69

ACCESS TO LEGAL MATERIALS

POLICY: FACILITIES HOLDING ICE DETAINEES SHALL PERMIT DETAINEES ACCESS TO A LAW LIBRARY, AND PROVIDE LEGAL MATERIALS,
FACILITIES, EQUIPMENT, DOCUMENT COPYING PRIVILEGES, AND THE OPPORTUNITY TO PREPARE LEGAL DOCUMENTS.
C'4
REM ARK"
ITIS
YES
No
NA
facility provides a desiQl1ated law library for c1etainee use.
~
lJ
lJ
law library contains all materials listed in the "Access to Legal
These materials are available on
Materials" Standard, Attachment A. The listing of materials is posted
0
0
~
Lexis Nexis.
in the law library.
The library contains a sufficient number of chairs, is well lit, and is
~
0
0
reasonahlv isolated from noisy areas.
The law library is adequately Cy'UlPPCU with typewriters and/or
0
~
0
L~, and has sufficient supplies for daily use by the detainees.
In addition to the physical law library, detainees have access to the
0
~
0
Lexus Nexus electronic law library.
Where provided, the Lexus Nexus library is updated and is current.
The system was updated on
0
~
0
Octoher 22,2009.
Outside persons and organizations are permitted to submit published
No legal material submissions
legal material for inclusion in the legal library. Outside published
or requests for submissions have
0
0
~
..1
+11"
.1m>ltp..;,,1 ;'" f'".."", ..,.1",,.1 " ... ,.1 ..",,,;,,,,,,,,,,.1 1-." T{,J: "',.;".. t" ; ... "1"",;,,...
There is a designated ICE or facility employee who inspects, updates,
and maintains/replaces legal materials and equipment on a routine
0
0
~
basis.
Detainees are offered a minimum 5 hours per week in the law library.
Detainees are not reguired to forego recreation time in lieu of library
0
~
0
usage. Detainees facing a court deadline are given priority use of the
law library.
Detainees may request materials not currently in the law library. Each
request is reviewed and, where appropriate, an acquisition request is
This is done through ICE.
~
0
0
timely initiated.
Requests for copies of court decisions are
lccommoc1Mpc1 within 3 5 business days.
are permitted to assist other detainees, voluntarily and free
charge, in researching and preparing legal documents, consistent
0
0
~
with secunty.
Illiterate or non-English-speaking detainees without legal
This would be accomplished by
representation receive access to more than just English-language law
0
~
0
request to ICE.
books after
II! their need for ~Q.
Detainees may retain a reasonable amount of personal legal material in
the general population and in the special management unit. Stored
~
0
0
legal materials are accessible within 24 hours of a written request.
Detainees housed in Administrative Detention and Disciplinary
Segregation units have the same law library access as the general
population, barring security concerns. Detainees denied access to
~
0
0
legal materials are documented and reviewed routinely for lifting of
sanctions.
All denials of access to the law library fully documented
Law library access is not denied.
U
U
~
Facility staff informs ICE Management when a detainee or group of
This has not occurred in the past
0
0
~
detainees is denied access to the law library or law materials.
12 months.
Detainees who seek judicial relief on any matter are not subjected to
~
0
0
reprisa~ retaliation or npn>l hip"
~.

~ ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

b6,b7c

111-18-09
mlluK'8 SIGNATURE/DATE

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 4 of 69

ADMISSION AND RELEASE
POLICY: ALL DEI AINEES WILL BE ADMIITED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE

ADMISSIONS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION
PROCESS; A BODY SEARCH; AND A SEARCH OF PERSONAL BELONGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND
\FFCHJAROFO AS NECESSARY.
R"'MADK~
YES
COMPVl"'lr,l"'l HI
NQ NA
In-processing includes an orientation of the facility. The orientation
includes: Unacceptable activities and behavior, and corresponding
Orientation is accomplished by video
sanctions; How to contact ICE; The availability of pro bono legal
services, and how to pursue such services; schedule of programs,
and the issuance of the Inmate Rules
~
0
0 Handbook which is in Spanish and
services, daily activities, including visitation, telephone usage, mail
English.
service, religious programs, count procedures, access to and use of
the law library and the general library; sick-call procedures, and the
detainee handbook.
Medical screenings are performed by medical staff or persons who
have received specialized training for the purpose of conducting an
0
0
~
initial health screening.
Each new arrival dassifieci according to criminal history and threat
levels. Criminal history is pI v "dt:d for each detainee by the ICE
0
0
~
field office.
All new arrivals are searched in accordance with the "Detainee
Search" standard. An officer of the same sex as the detainee
0
~
0
conducts the search and the search is conducted in an area that
affords as much priva~as nossihle.
Detainees are stripped searched only when cause has been
established and not as routine policy. Non-criminal detainees are not
~
0
0
strip-searched but are patted down, unless reasonable suspicion is
established.
The "Contraband" standard governs all personal property searches.
IGSAs/CDFs use or have a similar contraband standard. Staff
0
~
0
.~~:; a complete inventory of each detainee's possessions. The
receives a col'YStaff completes Form 1-387 or similar form for CDFs and IGSAs for
every lost or missing property claim. Facilities forward all 1-387
~
0
0
claims to ICE.
Detainees are issued appropriate and sufficient clothing and bedding
0
~
0
for the climatic conditions.
The facility provides and replenishes personal hygiene items as
needed. Gender-specific items are available. ICE Detainees are not
0
~
0
charged for these items.
~11 re~ are )JIV)Jcrly WVIUll1dlCd with ICE using a Form 1-203.
[ J [J
IZI
Staff pomnletes PdP"'1 wVl.Jfull11" for release as required.
~
l J LJ
[J AT-RISK
[J REPEATFIND~G
IZI ACCEPT ABLE
DEFll-!!,NT

b6,b7c

/11-17-09
AUDITOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 5 of69

The facility has a system for classifying detainees. In
CDFs and IGSAs, an Objective Classification System or
similar is used.
The facility classification system includes:
• Classifying detainees upon arrival;
• Separating from the general population those
individuals who cannot be classified upon
arrival; and
or designated
• The first-line
reviewing every

process
includes
At IGSA's, detainees may
after arrival.
Procedures exist for a detainee to appeal their
classification assignment. Only a designated supervisor
or classification specialist has the authority to reduce a
classification-level on
Classification appeals are resolved within five business
days and detainees are notified of the outcome within 10
business
U~ISSll1c;atlcm designations may be appealed to a higher
such as the Warden or
The Detainee Handbook or equivalent for IGSAs
explains the classification levels, with the conditions and
restrictions
to each.
~SS(~SSlme:ntll~eC.Las:mlcatlon.

~ ACCEPTABLE

D DEFICIENT

6
FO

A-Files
criminal

not located at the facility. ICE provides
information.

There is no explanation of classification levels in
the Inmate Rules Handbook.

AT-RISK

D REPEAT FINDING

REMARKS:
There is no explanation of classification levels and restrictions in the Inmate Rules Handbook.
b6,b7c

:.
!

(11-18-09
AUDITOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 6 of69

CORRESPONDENCE AND OTHER MAIL
POLICY: ALL FACILITIES WILL ENSURE THAT DETAINEES SEND AND RECEIVE CORRESPONDENCE IN A TIMELY MANNER, SUBJECT TO
LIMITATIONS REQUIRED FOR THE SAFETY, SECURITY, AND ORDERLY OPERATION OF THE FACILITY. OrnER MAIL WILL BE PERMITTED,
SUBJECT TO THE SAME LIMITATIONS. EACH FACILITY WILL WIDELY DISTRIBUTE ITS GUIDELINES CONCERNING CORRESPONDENCE AND
MAIL.
e.
REMARKS
IENT:S
YES No
NA
The rules for correspondence and other mail are posted in
This is covered in the Inmate Rules
each housing or common area, or provided to each detainee
~
D D Handbook.
via a detainee handbook.
The facility provides key information in languages other than
Information is provided in Spanish and
English; In the language(s) spoken by significant numbers of
D D English.
~
detainees. List any "A""ptions.
Incoming mail is distributed to detainees within 24 hours or 1
~
D D
business day after it is received and im:npptpcl
Outgoing mail is delivered to the postal service within one
business day of its entering the internal mail system
~
D D
(~xdllclimt weekends and holidays).
Staff does not
and inspect incommg general
narJ.'HtP~ and
Incoming general
lence and other mail (il ,1· rI;
is onened
publications) without the detainee present unless documented
D ~ D and inspected by Control Room Officers
and authorized in writing by the Warden or equivalent for
without the detainee being present.
prevailing """.Hay reasons.
Staff does not read incoming general correspondence without
D D
~
the Warden's prior written approval.
Staff does not inspect incoming special Correspondence for
physical contraband or to verify the "special" status of
~
D D
enclosures without the detainee present.
Staff is pror niter from reading or copying incoming special
~
D D
"va""j ldence.
only authodzod to ""poet outgoing oOIT"'pondenoe 0'
Facility policy 6300 states that all outgoing
mail without the detainee present when there is reason to
general correspondence is to be inspected by
the item might present a threat to the facility's secure
D ~ D the control room officers before being sealed
or orderly operation, endanger the recipient or the public, or
and mailed.
might facilitate criminal activity.
Facility policy specifies that mail to elected
Correspondence to a politician or to the media is processed as
officials or officers of the court is to be treated
special correspondence and is not read or copied.
D ~ D as special correspondence. Mail to the media
is not 1" v."".,,\l.
The official authorizing the rejection of incoming mail sends
The detainee receives written notification, but
D ~ D not the sender.
written notice to the sender and the addressee.
The official authorizing censorship
rejection of outgoing
D D
~
mailplU "d",:s the detainee with signed written notice.
Staff maintains a written record of every item removed from
D D
~
detainee mail.
The Warden or equivalent monitors staff handling of
discovered contraband and its disposition. Records are
~
D D
accurate and up to date.
The procedure for safeguarding cash removed from a detainee
protects the detainee from loss of funds and theft. The
amount of cash credited to detainee accounts is accurate.
~
D D
Discrepancies are documented and investigated. Standard
procedure includes issuing a receipt to the detainee.
Original identity documents (e.g., passports, birth certificates)
are immediately removed and forwarded to ICE staff for
~
D D
nlin A-files.
~ provlOes the detainee a copy of hislher identity
~
D D
LL{ s) upon request.

lEv;

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 7 of69

Staff disposes of prohibited items found in detainee mail in
accordance with the "Control and Disposition of Contraband"
Standard or the similar prevailing policy in IGSAs.

Every indigent detainee has the opportunity to mail, at
government expense, reasonable correspondence about a legal
matter, in three one ounce letters per week and packages
deemed
ICE.
The facility has a system for detainees to purchase stamps and
for mailing all special correspondence and a minimum of 5
week.
The facility provides writing paper, envelopes, and
at
no cost to ICE detainees.
~ ACCEPTABLE

o DEFICIENT

Cash is deposited into the detainee's account.
"Soft" contraband (such as nude pictures) is
placed in the inmate's property and given to
himlher upon release. "Hard" contraband
(such as drugs) would be turned over to law
enforcement.

o
OAT-RISK

o REPEAT FINDING

REMARKS:

Both incoming and outgoing general correspondence is opened and inspected by control room officers without the detainee being
present. Policy does not specify that correspondence to the media is to be treated as special correspondence. Only indigent detainees
are provided writing paper, envelopes, and pencils at no cost after their initial booking issue.

b6,b7c

11-18-09

oAUDITOR'S SIGNATURE / DATE

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 8 of 69

:
,

DETAINEE HANDBOOK
POLICY: EVERY OlC WILL DEVELOP A SITE-SPECIFIC DEfAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE
DEfENTION POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRIBE THE SERVICES,
PROGRAMS, AND OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS,
EVERY DEfAINEE WILL RECEIVE A COPY OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY.
R.RM"'RK~
YES
No NA
COMPuI''Ir,l'Il''
The Carver County Jail "Inmate Rules
The detainee handbook is written in English and translated into
Handbook" is published in English and
Spanish, or into the next most-prevalent Language(s).
Spanish. Detainees are provided with the
D D National Detainee Handbook by the
~
Bloomington Field Office and given a site
~necifichandbookbythefacility.

The handbook is supplemented by the facility orientation
video, where one is provided.

All staff members receive a handbook and training regarding
the handbook contents.
The handbook is revised as necessary and there are procedures
in place for ;mmpil;"tplv communicatinl! any revisions to staff
and ilpt";npp~
There an annual review of the handbook by a designated
committee or staff member.
The detainee handbook addresses the following issues:
• Personal Items permitted to be retained by the
detainee; and
Initial
issue of clothes, bedding and personal hygiene
•
items.
The detainee handhook states in clear language the basic
detainee.~~pv•• 3ibilities.
~ h""dbook d=ly oud;"e., lh' melhod., jill- d ..",ifi"tion of
l;npp~ explains each level, and explains the classification
IP" k process.
The handbook states when a medical examination will be
conducted.
The handhook describes the facility, housing units, dayrooms,
in-dorm activities, and special housing units.
The handbook describes official count times and count
procedures; meal times and feeding procedures; procedures for
medical or religious diets; smoking policy; clothing exchange
schedules; and, if authorized, clothes washing and drying
procedures, and c)\.l-'cl;u;;d personal hygiene practices.
The handbook describe times and procedures for obtaining
disposable razors, and allows that detainees attending court
will be afforded the opportunity to shave first.
The handbook describes barber hours and hair cutting
restrictions.
The handbook describes the telephone policy; debit card
procedures; direct and free calls; locations of telephones; policy
when telephone demand is high; and policy and procedures for
' phone calls.
em
The hllnilhflflk addresses re);o;flm: 1'1'
II!.
The h"nclhook states times and procedures for commissary or
vpnilino machine usage, where available.
The h"nclhook describes the c1etllinee voluntary work pwe,wm.
The handbook describes the library location and hours of
and law library procedures and schedules.

The facility orientation video is shown daily
during the breakfast meal on all facility
televisions in Fngli~h and c;lJUlUN

The facility's handbook does not describe
official count times and count procedures.

No information is included in the handbook
on disposable razor procedures.

D
D
LJ

The latest revision date is July 31 2009.

Classification is covered in both the
National Detainee Handbook and facility
"Inmate Rules Handbook".

The facility handbook does not describe the
library location and hours. Library hours are
posted in each housing area.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 9 of69

and
The handbook describes the detainee disciplinary policy and
procedures, including:
• Prohibited acts and severity scale sanctions;
• Time limits in the Disciplinary Process; and
The grievance section of the handbook explains all steps in the
grievance process - Including:
• Informal (if used) and formal grievance procedures;
• The appeals process;
• In CDF facilities: procedures for filing an appeal of a
grievance with ICE.
• Staff/detainee availability to help during the grievance
process.
• Guarantee against staff retaliation for filing/pursuing a
grievance.
How to file a complaint about officer misconduct with
the
of Homeland
the
sick call
The handbook describes the facility recreation policy including:
• Outdoor recreation hours.
• Indoor recreation hours.
The handbook describes the detainee dress code for daily
and responsibilities of all

[gI ACCEPTABLE

DDEFICIENT

AT-RISK

D REPEAT FINDING

REMARKS:

The facility provides each detainee with an "Inmate Rules Handbook" in conjunction with the ICE handbook which is provided by the
Bloomington, Minnesota Field Office. A facility orientation video is shown over the cable system daily at breakfast with an overview
of the orientation manual. The facility handbook does not contain the official count times and count procedures or the process for
zors. The disposable razor procedures is posted in the housing areas only.
b6,b7c

1-19-09
AUDITOR'S IGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 10 of69

FOOD SERVICE

EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUfRITIOUS AND APPETIZING MEALS, PREPARED IN
ACCORDANCE WITH THE HIGHEST SANITARY STANDARDS.
(
RF.MARKS
IT:S
YES No
NA
is under the direct supervision of a
tr~~~d and certified food serVIce
facility food service administrator is
administrator. Responsibilities of cooks and cook foremen
rgJ
D The
D
Serve
Safe certified in the state of Minnesota.
are in writing. The Food Service Administrator (FSA)
determines the responsibilities of the Food Service Staff.

POLICY:

e~~n~lh

The Cook Supervisor is on duty on days when the FSA is off
duty and vice versa.
The FSA provides food service employees with training that
specifically addresses detainee-related issues.

•
!

I
I
I

In ICE Facilities this includes a review of the ICE
"Food Service" standard

Knife cabinets close with an approved locking device, and
the on-duty cook foreman maintains control of the key that
locks the device.
All knIves not m a secure cuttmg room are physicall:
secured to the workstation and staff directly supervises
detainees using knives at these workstations. Staff monitors
the condition of knives and dining utensils.
govern the handling of
When necessary, special r
food items that pose a st!curit~, threat.
Operating procedures include daily searches (shakedowns)
of detainee work areas.
The FSA monitors staff implementation of the facility's
population counts procedures. Staff is trained in count

rgJ

Security staff conducts all counts.

. .; detainees assigned to the food service department look
and clean. Their clothing and grooming comply with
the "Food Service" standard.
The FSA annually reviews detainee-volunteer job
descriptions to ensure they are accurate and up-to-date.
The Cook Foreman or equivalent instructs newly assigned
detainee workers in the rules and procedures of the food
service department.
During orientation and training session(s), the CS explains
and demonstrates:
• Safe work practices and methods;
• Safety features of individual products/pieces of
equipment; and
• Training covers the safe handling of hazardous
material [s] the detainees are likely to encounter in
their work.
The Cook Supervisor documents all training in individual
detainee detention files.
Detainees at CDFs are paid in accordance with the
"Voluntary Work Program" standard. Detainee workers at
IGSAs are subject to local and state rules and regulations
I!J detainee pay.
Detainees are served at least two hot meals every day. No
more than 14 hours elapse between the last meal served and
the first meal of the following day.
'~te:-toria ,tyIe opecation" a tran'p",ent """eoze gu",d"
both the serving line and salad bar line.

rgJ

Detainees do not work in the kitchen areas.

Three hot meals are prepared and served five
days per week. On weekends, two hot meals
are served.
The facility does not serve meals cafeteria
style. All meals are served in the housing
units.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 11 of69

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

YES

II"

facility has a standard 35-day menu cycle. IGSAs use a
5 day or similar system for rotating meals.
The FSA or facility considers the ethnic diversity of the
facility's detainee population when developing menu cycles
(PIuv~dt; examples).
A registered dietitian conducts a complete nutritional
analysis of every master-cycle menu planned.
The FSA has established procedures to ensure that items on
the master-cycle menu are prepared and presented according
..:I recipes.
to
The Cook Foreman has the authority to change menu items if
necessary.
",,,,,h "lllh"ltihltinn "lnl1.Q with its
• Tfw,,"l -'
justification
• With copy to FSA
All staff and volunteers know and adhere to written "food
nrenaration' p.v,",,,,\:!-"',,,,,,,
Detainees whose religious beliefs require the adherence to
particular religious dietary laws are referred to the Chaplain
or FSA.
A common-fare menu available to detainees whose dietary
requirements cannot be met on the main line.
• Changes to the planned common-fare menu can be
made at the facility level;
Hot
entrees are offered three times a week;
•
• The common-fare menus satisfy nutritional
recommended daily allowances (RDAs);
• Staff routinely provide hot water for instant
beverages and foods;
0
Common-fare meals are served with:
• Disposable plates and utensils .
• Reusable plates and utensils .
• Staff use separate cutting boards, knives, spoons,
scoops, etc. to I""'f-''''''' the common-fare diet items.
A supervisor at the command level must approve a
detainee's removal from the Common-Fare Program
The Warden, in conjunction with the chaplain and/or local
religious leaders, provides the FSA a schedule of the
ceremonial meals for the following calendar year.
The common-fare program accommodates detainees
abstaining from particular foods or fasting for religious
purposes at prescribed times of the year.
• Muslims fasting during Ramadan receive their
meals after sundown.
• Jews who observe Passover but do not participate in
the Common-Fare Program receIve the same
Kosher-for- Passover meals as those who do
participate.
• Main-line offerings include one meatless meal
(lunch or dinner) on Ash Wednesday and Fridays
during Lent.
1(1

IXI

REMARI(~

Menu cycles are developed by Aramark
Correctional Services and provided to the
facility.

An Aramark Correctional Services dietician
reviews and approves every master-cycle
menu.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 12 of69

food service program addresses medical diets.
Satellite-feeding programs follow guidelines for proper
sanitation.

Hot and cold foods are maintained at the prescribed, "safe"
temperature(s) while being served.
All meals are provided in nutritionally adequate portions.
Food is not used to punish or reward detainees based upon
behavior.
The food service staff instructs detainee volunteers on:
• Personal cleanliness and hygiene;
• Sanitary techniques for preparing, storing, and
. and
• The sanitary operation, care, and maintenance of

Staff documents the results of every refrigerator/freezer
temperature check.
The cleaning schedule for each food service area is
conspicuously posted.
Procedures include inspecting all incoming food shipments
for damage, contamination, and pest infestation.
~ ACCEPTABLE

DDEFICIENT

D
D
D

Everyone working in the food service department complies
with food safety and sanitation requirements.
Standard operating procedures include weekly inspections of
all food service areas, including dining and food-preparation
areas and equipment.
• Who conducts the
Equipment is inspected for compliance with health and
safety codes and regulations.
• When was the most recent inspection?
Which
conducted the
?
of discrepancies are forwarded to the Warden or
designated department head, and corrective action is
scheduled and
Standard procedure includes checking and documenting
temperatures of all dishwashing machines after each meal.

Detainees are not utilized in the kitchen area .

D
D

Only food preparation areas were inspected.
The food service manager implemented
inspections of the satellite dining areas at the
time of the review.

The most recent inspection was conducted on
August 6, 2009, by the Minnesota Department
of Health.

AT-RISK

There were no discrepancies noted in last
year's Minnesota Department of Health
Temperatures were checked at each use and
documentation was maintained by the food
servIce

D REPEAT FINDING

REMARKS:

The Carver County Jail has a contract with Aramark Correctional Services to provide meals to the jail population. The contractor
provides nutritionally balanced meals that are prepared by trained staff. All menus are approved by a registered dietician.
Temperatures were maintained by the food service manager of all freezers and coolers. Meals were also produced and served at the
proper temperatures. Cleanliness of the kitchen area was exceptional.
b6,b7c

-09

AUDITOR'S IGNATURE / DATE

FOR OFFICIAL USE ONLY (iAW ENFORCEMENT SENSITIVE)
Page 13 of69

location accessible to

Audits of baggage and non-valuable property occur each quarter and

Two officers are present during the processing of detainee funds and
valuables during in-processing to the facility. Both officers verify
funds and valuables.
Staff searches arriving detainees and their personal property for
contraband.
Staff procedures follow written policy for returning forgotten property
to detainees.
Property discrepancies are immediately reported to the CDEO or Chief

procedures for handling detainee property claims
the ICE standard.
The facility attempts to notify an out-processed detainee that he/she
left property in the facility:
• By sending written notice to the detainee's last known
address;
• Via certified mail; and
• The notice state that the detainee has 30 days in which to
claim the property, after which it will be considered
abandoned.
The facility disposes of abandoned property in accordance with
written procedures.
• If a CDF/IGSA
the

The

D
D

This requirement is specific to a
SPC/CDF. Two officers are usually
present, but only one officer signs
the

REMARKS:
b6,b7c

11-17-09
AUDITOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 14 of 69

Written procedures provide for the informal resolution of oral
grievances (Not mandatory).
• If yes, the detainee has up to five days within which to make
his/her concern known to a member of the staff.
Detainees have access to the grievance committee (or equivalent in
IGSA), using formal procedures.
• Detainees may seek help from other detainees or facility
staff when preparing a grievance.
detainees

emergency

Procedures include maintaining a Detainee Grievance Log.
•
If not, an alternative acceptable record keeping system is
maintained.
•
"Nuisance complaints" are identified in the records.
• For quality control purposes, staff document nuisance
received but not filed.
Staff is required to forward any grievance that includes officer
misconduct to a higher official or, in a CDF/IGSA facility, to ICE.

D
D ACCEPTABLE

[gI DEFICIENT

D
D

There are documented or substantiated cases of staff harassing,
disciplining, penalizing, or otherwise retaliating against a detainee
who lodged a complaint:
•
If yes, explain.

AT-RISK

D
Local policy does not specify that
detainees may seek assistance
from other detainees or facility
staff when preparing a grievance.

D
D

There are no documented or
substantiated cases of staff
harassing, disciplining,
penalizing, or otherwise
retaliating against a detainee who

There is no detainee grievance
log or alternative record keeping
system maintained for tracking
grievances.

Policy #6406, dated October 1,
2002, does not require any
grievance that includes officer
misconduct to be forwarded to
ICE.

D REPEAT FINDING

REMARKS:

The Carver County Jail does have a formal grievance policy; however, this policy does not specify that detainees may seek help from
other detainees or facility staff when preparing a grievance. There is no grievance tracking system or grievance log in place. The LCI
noted this was also an issue in the 2008 inspection. The inspector in 2008 entered the following comment on the standard checklist:
"During the course of the review, a grievance tracking system was implemented in the jail computer software system. Effectively
immediately, grievance statistics and information will be able to be tracked." If this was done, it has apparently not been
ot dhoct gdcv,ncc, th,t involve office< misconduct to be fmw,udod to ICE.
b6,b7c

11-19-09

b6,b7c

AUDITOR'S

•

NATURE / DATE

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 15 of69

Upon receipt of concurrence by the Field Office Director, the facility
or authorized ICE Field Office ensures timely and proper notification
to
or accredited
The facility follows policy and procedure when rejecting or requesting
modifications to objectionable material provided or presented by the
or accredited

o
o

Presenters are permitted to meet with small groups of detainees to
discuss their cases after the group presentation. ICE or authorized
detention staff is present but do not monitor conversations with legal

Group presenters who have had their privileges suspended are notified
in writing by the Field Office Director or designee; and the reasons for
suspension are documented. The Headquarters Office for Detention
and Removal, Field Operations and Detention management Division,
is notified when a group or individual is suspended from making

o
o

hours in advance
Documentation is submitted and maintained when any detainee is
denied permission to attend a presentation and the reas~lll(s) for the
denial.
When the number of detainees allowed to attend a presentation is
limited, the facility provides a sufficient number of presentations so
that all detainees .
attend.
Detainees in segregation, unable to attend for security reasons, may
request separate sessions with presenters.
Such requests are
documented.
Int,PTn,TPtpT<: are admitted when necessary to assist attorneys and other
hour to make the

I2l ACCEPTABLE

o DEFICIENT

OAT-RISK

REPEAT FINDING

REMARKS:

No group presentations have occurred or been requested at this facility during the past 12 months.
b6,b7c

11-18-09
AUDITOR'S SIGNATURE / DATE

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 16 of69

The facility has a policy and procedure for the regular issuance and
exchange of clothing, bedding, linens, and towels.
• The supply of these items exceeds the minimum required for
the number of detainees.
All new detainees are issued clean, temperature-appropriate,
presentable clothing during in-processing. Detainees receive:
• One uniform shirt and one pair of uniform pants, or one
jumpsuit;
• One pair of socks;
• One pair of underwear (Daily change); and
• One
of
footwear.
Additional clothing is available for changing weather conditions, or as
New detainees are issued clean bedding, linens, and towels. They
receive at a minimum:
• One mattress;
• One blanket;
• Two sheets;
• One pillowcase;
• One towel; and
• Additional blankets are issued based on local weather
conditions.
assigned to special work areas are clothed in accordance
of the ·ob.
~t"'np,>" are provided clean clothing, linen and towels.
• Socks and undergarments - exchanged daily.
• Outer garments - twice weekly.
• Sheets - weekly.
• Towels - weekly.
• Pillowcases -

U'UIlL"'vl

U'vLalll<',v

DDEFICIENT

workers are permitted to exchange outer garments

~ ACCEPTABLE

AT-RISK

Socks and underwear are exchanged
twice weekly.

D REPEAT FINDING

REMARKS:

The Carver County Jail policies on issuance and exchange of clothing, bedding, and towels are in compliance with the detention
standard with the exception that socks and underwear are exchanged twice weekly and not daily as required.
b6,b7c

:1
11-19-09
bAUDITOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 17 of 69

Field Office considers detainee marriage requests on a case-bybasis.

IXI

The Field Office Director reviews every marriage request rejected by a
.ections are documented.
Warden/OIC or IGSA.
It is standard practice to require a written request for permission to

IXI

The written request includes a signed
documentation from the intended
intent.
The Warden/OIC
a written copy of his/her decision to the
detainee and
When permission is denied, the Warden/OIC states the basis for
his/her decision.

IXI

IXI ACCEPTABLE

DDEFICIENT

AT-RISK

All marriage requests submitted
by ICE detainees are forwarded
to the ICE Field Office for
consideration.
There have been no requests
the

D REPEAT FINDING

REMARKS:

Although there have been no documented requests for marriage received from an ICE detainee, the chaplain emphasized that any
requests received would immediately be forwarded to the ICE Field Office for review and approval.
b6,b7c

b6,b7c

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 18 of69

The Field Office Director considers and approves, on a case-by-case
basis, trips to an immediate family member's:
• Funeral; or
• Deathbed
The facility recognizes mother, father, brother, sister, spouse, child,
and foster
as "immediate
The IGSA facility notifies ICE of all detainee requests for non-medical
escorts.
The detainee's Deportation Officer
a detainee's request, with recommendation, to the approving official.
Each recommendation addresses the individual's suitability for travel;
the kind of
Escorting officers report unexpected situations to the originating
facility as a matter of procedure, and the ranking supervisor on duty
has the
. to issue instructions for
. of the .
Escorting officers have the discretion to increase or decrease minimum
restraints in accordance with written procedures and classification
level of the detainee.
officers are precluded from accepting gifts/gratuities from a
or detainee's relative or friend for
reason.
Escort officers ensure that detainees:
• Conduct themselves in a manner that does not bring discredit to
the ICE;
• Do not violate federal, state, or local laws;
• Do not purchase, possess, use, consume, or administer narcotics,
other drugs, or intoxicants;
• Make no unauthorized phone calls; and
• Know they are subject to search, urinalysis, breathalyzer, or
test
return.
Standard procedure requires the immediate return to the facility of any
detainee who violates
rules.
D ACCEPTABLE

DDEFICIENT

AT-RISK

D REPEAT FINDING

REMARKS:

=orted mps ,re conducted by ICE.
b6,b7c

{

b6,b7c

/11-19-09

AUDITOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 19 of69

RECREATION
POLICY: IT IS ICE POLICY TO PROVIDE ACCESS TO RECREATIONAL PROGRAMS AND ACTIVITIES TO ALL ICE DETAINEES, TO THE EXTENT
POSSmLE, UNDER CONDITIONS OF SECURITY AND SUPERVISION THAT PROTECT THEIR SAFETY AND WELFARE.
COMPONENTS

YES

facility has a recreation J.11U~lCUll and facility.
;)
recreational specialist (for flH~ilitip.~ with more than 350 rl.
tailors the J.1W~1(l1H activities and offerings to the detainee nonlllHtion
Regular maintenance keeps recreational facilities and equipment in good
condition.
The recreational specialist or trained equivalent supervises detainee
recreation workers.
The recreational specialist or trainee equivalent oversees recreation
JJrugrams for special housing units (SHU) and sppp;"l-fleeds detainees.
Di:1YIUUIWS offer "pilf"fJ.tary i:1l.OUV1l1C~, e.g. board games, cards,~vi~
Outside ac'u vlUC~ are restncted to Iimitp.iI-~ontHr.t sports.
Each--;:J;:t";np~ the uppurtunity to parul.Olpale in daily.
Detainees have access to recreation activities outside the housing units
for at least one hour daily, 5 days a week.
~1.
"
£Y'
<> ... r! ""... r!iti"... nThpn pn"in1Ylf"nt i"
"r
returned.
Staff
. searches of lCl.OlCi:1l1Ull areas before and after use.
All recreation areas under constant staff supervision.

IZl
D

IZl

D
lJ
D

..1

I "''''I "' .....u..I

is UU"'I
-~. ", ...
.1 , , check this box. No"'

LL
. ,._ . .
IW'UI~I

If the facility has no outside recreation, are detainees considered for
transfer after six months?
• If yes, written procedures ensure timely review of all eligible
detainees.
Case officers make written transfer recommendations about every sixmonth detainee to the Ole.
,L1, all rlatn
TheOlC
·transfer ile~i"ion" WHIOth<Ol' yes or no.
The detainee's written decision for or against an offered transfer
documented in hislher A-file.
Staff notifies the detainee's legal representative of hislher decision to
accept/decline a transfer.
If. recreation is available, the ICE Districts routinely review transfer
eligibility for all detainees after 60 days.
The A-file of every detainee who is held more than 60 days without
access to recreation contains either a transfer-waiver signed by the
detainee, or the OIC's written determination of the detainee's
;nf"l;aihilitv for transfer.
The detainee's legal representative is notified of the detainee's/OIC's
decision.
~ ACCEPT ABLE

D DEFICIENT

The facility only
ICE detainees per day.

Inmate/detainee workers are not
utilized in the J.1wgnUll.

IZl

Supervising staff is equipped with radios.
The facility provides detainees in the SHU at least one hour of outdoor
recreation time daily, five times per week.
. neta~p.p.~ in ili" ~lr I1nary/a
'Ui:1U vc segregation receive a written
exnlanHtion when a panel revokes hislher recreation privileges.
~grams or reliaiOll"
~J are availtlhle to detainees
are lCy'UUCU to sign a waiver of liability before entering a
-secure portion of the facility where detainees are nTf~>lf~nt
Visitors, relatives or friends are not allowed to serve as volunteers.

[gJ1f

REMARKS

is I "''IUAI",il when

The gym and housing unit
recreation areas are under
intermittent ~uJ.1ervi~iun.

Volunteers are not utilized in
the
..1

D
D REPEAT FINDING

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 20 of69

UII~I

AT-RISK

.iS~'"
;
",u.

I ", ...I "'AUVII

REMARKS:

gym and housing unit recreation areas are not under constant supervision by officers.

b6,b7c

111-18-09
{ AUDITOR'S SIGNATURE / DATE

e
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSrnVE)
Page 21 of 69

The facility allows detainees to observe the major "holy days" of their
religious faith.
• List
The facility accommodates recognized holy-day observances by:
• Providing special meals, consistent with dietary restrictions;
• Honoring fasting requirements;
• Facilitating religious services; and
•
restrictions.
Each detainee is allowed religious items III hislher immediate
possession.

D
Detainees are routinely allowed
to maintain religious
and Bible), but any other
religious items must be

s credentials are checked
in detainee
represented by
Members of faiths
services within
allowances.
Detainees in the Special Management
in religious practices unless otherwise
~Q""r;i"" of the

and verified before allowing

clergy may conduct their own

Unit are allowed to participate
documented for the safety and
DDEFICIENT

AT-RISK

D REPEAT FINDING

REMARKS:

The jail chaplain ensures that religious services are provided to the detainee population on an on-going basis. Detainees must submit
Each request is reviewed on a case by case basis.
b6,b7c
b6,b7c

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 22 of 69

DETAINEE TELEPHONE ACCESS

ALL FACILITIES HOUSING ICE DEfAINEES WILL PERMIT DEfAINEES' REASONABLE AND EQUITABLE ACCESS TO TELEPHONES.
C't
RRMARK~
IENTIS
YES
No
NA
~es
allowed access to telephones during established
~
D D
. waking hours.
This is covered in the orientation video and
Upon admittance, detainees are made aware of the facility's
the Inmate Rules Handbook. Both are
~
D
D
telephone access policy.
1'1U 'luvd in Spanish and Fmrlish
Acce~~ru!es are posted in housing units.
~
U
lJ
The facility makes a reasonable effort to provide key
Information is provided in Spanish and
information to detainees in languages spoken by any significant
~
D D English.
portion oftheJ~s nnnllbtion.
Telephones are provided at a minimum ratio of one telephone
~
D D
per 25 detainees in the facility population.
POLICY:

Telephones are inspected regularly by facility staff to ensure
that they are in good working order.

-r'!:' reports out-of-order
The facility llclministration r
tplpnhnnps to the facility's tplpnhnnp service p1Uv~dt;r

The facility administration monitors repair progress and takes
appropriate measures to ensure that required repairs are begun
and completed timely.

The inspector was able to contact an actual
staff member in the OIG office.

This requirement is met.

There are not procedures established to
accomplish this.

Telenhone access is not IvMllvlvd.

Detainees are afforded a reasonable degree of privacy for legal
jJhone calls.
A procedure exists to assist a detainee who is having trouble
placing a confidential call.
The facility provides the detainees with the ability to make noncollect (special access) calls.

f:;

Special Access calls are at no charge to the -I.
OIG phone numb", fr" 'epmeting ab"'e i, pmgmmmed into
detainee phone system and the phone number was checked
the ~m'l'v\,;tUl during the review.
In facilities unable to fully meet this requirement initially
because of limitations of its telephone service, ICE makes
alternate arrangements to provide required access within 24
hours of a request by a detainee.
No restrictions are placed on detainees attempting to contact
attorneys and legal service providers who are on the approved
"Free Legal Services List".
Special arrangements are made to allow detainees to speak by
telephone with an immediate family member detained in another
Facility.
Any telenhone 1
Ion s are docllm en tecl
The facility has a system for taking and delivering emergency
detainee telephone messages.
Emergency phone call messages are immediately given to
detainees.

nptllinpps are allowed to return emergency phone calls as soon
_as nnssihle
Detainees in disciplinary segregation are allowed phone calls
relating to the detainee's immigration case or other legal matters,
including consultation calls.
nptllinpes
disciplinary segregation are allowed phone calls to
cnnslllariemhllSS\; officials.
es in disciplinary segregation are allowed phone calls for
lyemergencips

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 23 of69

in administrative detention and protective custody are
the same telephone privileges as those in general

When detainee phone calls are monitored, notification is posted
by detainee telephones that phone calls made by the detainees
be monitored.
Access calls are not monitored.

lXI ACCEPTABLE

DEFICIENT

o o
OAT-RISK

o REPEAT FINDING

REMARKS:

No provision is made to allow detainees to speak by telephone with immediate family members detained in other facilities .
b6,b7c
b6,b7c

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 24 of 69

VISITATION
POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND
THE NEWS MEDIA.

YES

rHi

is a written visitation schedule and hours for general
visitation.

The visitation hours tailored to the detainee population and the
demand for visitation.

0
0
0

0
0
0
0
0
0
0
0

The visitation schedule and rules are available to the public.

The hours for all categories of visitation are posted in the
visitation waiting area.

A written copy of the rules regulating visitation and the hours
of visitation is available to visitors.

A general visitation log is maintained.

The detainees are permitted to retain personal property items
specified in the standard.

A visitor dress code is available to the public.

Visitors are searched and identified according to standard
requirements.

0
0
0
0
0

The requirement on visitation by minors is complied with.

At facilities where there is no provision for visits by minors,
ICE arranges for visits by children and stepchildren, on
request, within the first 30 days.

0
0

After that time, on request, ICE considers a transfer, when
possible, to a facility that will allow minor visitation. At a
~ monthly visits are allowed.
tinees in special housing are afforded visitation.
Legal visitation is available seven (7) days a week, including
holidays.

0
0

On regular business days legal visitation hours are provide for
a minimum of eight (8) hours per day, and a minimum of four
hours per day on weekends and holidays.

On regular business days, detainees are given the option of
continuing a meeting with a legal representative through a
scheduled meal.

IZI

[ ]

[]

The current list of pro bono legal organizations is posted in the
detainee housing areas and other appropriate areas.

The decision to permit or deny a tour is not delegated below
the level ofField Office Director.

Provisions for NGO visitation, as stated in the Detention
LU", are complied with.

Private consultation rooms are available for attorney meetings.
There IS a mechanism for the detainee and hislher
'''presentative to exchan!!e documents.
Ires governing cl~tl'lin~~ ""'u"u",,.
There are written
When strip searches are required after every contact visit with a
legal representative, the facility provides an option for nonItMives.
contact visits with legal '''p'
Prior to each visit, legal service providers and assistants are
identified per the standard.

REMARKS

The schedule and hours are posted and
available at the facility. They are also
available on the facility website.

Approved minors are allowed to visit when
lied by an appro',.!d adult.
Minors on the approved visiting list are
allowed to visit when accompanied by an
approved adult.
Approved minors are allowed to visit if
accompanied by an approved adult.

Only pat-down searches are required after
visits with attorneys.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 25 of69

VISITATION
POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND
THE NEWS MEDIA.

~ enforcement officials who request to visit with a detainee

Former detainees or aliens in proceedings, requesting to visit
with a detainee, are referred to the OIC or ICE Field Office.

Procedures are in place, consistent with the detention standard,
for examinations by independent medical service providers and
experts.

referred to the ICE Field Office for approval.

~ ACCEPTABLE

D DEFICIENT

AT-RISK

D REPEAT FINDING

b6,b7c
b6,b7c

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 26 of69

staff screen and formally certify detainee food service
volunteers.
• Before the assignment begins; and
• As a matter of written
Detainees receive safety equipment/ training sufficient for the
procedure is followed when an ICE detainee is injured on the

o ACCEPTABLE

o DEFICIENT

o
o

o
o
o REPEAT FINDING

OAT-RISK

REMARKS:

ICE detainees are not allowed to participate in the voluntary work program. According to a program staff member detainees were
assigned to the program as kitchen workers until about three years ago. This was discontinued due to the rapid turnover of the
detainee population.
b6,b7c

-1

b6,b7c

oAUDITOR'S SIGNATURE / DATE

•

11-18-09

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 27 of69

•

SECTION II

•

HEALTH SERVICES STANDARDS

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 28 of69

HUNGER STRIKES
ALL FACILITIES WILL FOLLOW STANDARD GUIDELINES FOR THE MEDICAL AND ADMINISTRATIVE MANAGEMENT OF ICE
ENGAGING IN HUNGER STRIKES. By MONITORING OF THE HEALTH AND WELFARE OF THE INDIVIDUAL DETAINEES, FACILITIES
. STRIVE TO SUSTAIN THEIR LIVES.

POLICY:

COMPONENTS

YES

When a detainee has refused food for 72 hours, it is standard practice
for staff to refer him/her to the medical department.

PolIcy ana proceaure reqUITe IDat stan ISOlale a IlUIlgCl ·".UKIllg
detainee from other detainees.
• If yes, in an observation room?
Medical personnel are authorized to place a detainee in the Special
Management Unit or a locked hospital room.
Medical staff records the weight and vital signs of a hunger-striking
detainee at least once every 24 hours.

Policy 6622 states that "An inmate or
resident who refuses food for 72
hours without access to commissary
items is considered to be on a hunger
strike." There have been no hunger
strikes at this facility since the last

[2J

Policy 6622 requires the notification
of the Assistant Director for
Detention and Removal.
Policy requires immediate response
to hunger strikes.

[2J

Policy requires isolation if medically
advisable.

[2J

Policy requires isolation if medically
advisable.
Policy requires weights and vital
signs at least every 24 hours. Other
procedures are repeated as medically

CDFs and IOSAs immediately report a hunger strike to the ICE.

The facility has established procedures to ensure staff respond
immediately to a hunger strike.

REMARKS

np.~p.>:'lary.

The Ole of the facility obtains a hunger striker's consent before
medical treatment.

[2J

Staff maintains the hunger striker's supply of drinking water/other
beverages.

[2J

During a hunger strike, staff removes all food items from the hunger
striker's living area.

[2J

Staff is directed to record the hunger striker's fluid intake and food
consumption; Does staff always use Hunger Strike Monitoring Form 1839 or similar lOS A form.

[2J

Staff documents all treatment attempts, including attempts to persuade
hunger striker of medical risks.

[2J

Staff has received training in identification of hunger strikes. Medical
staff receives early training in hunger-strike evaluation and treatment.
Staff remains current in evaluation and treatment techniques.

[2J

A signed Refusal of Treatment form is required of every detainee who
rejects medical evaluation or treatment.
During a hunger strike, staff document and provide the hunger-striking
detainee three meals a day.

The medical staff has written procedures for treating hunger strikers.

Per the chief nurse, consent would be
obtained before medical treatment is
provided. Local policy requires
court "pp< v val prior to force feedin!!.
Policy requires a signed refusal of
treatment.
Policy requires delivery ofthree
meals per day "regardless of the
inmate or resident's response to a
verbally-offered meal."
Local policy requires maintaining a
supply of water or beverages.
Policy 6622 requires removal of all
food not authorized by a physician.
Staff are instructed to record all food
and beverage consumption. There
have been no hunger strikes at this
facility since the last imnp.dion
Medical standing orders # 10.13
provide adequate initial guidance for
the medical management of a hunger
strike.
Staff are instructed to record all
treatment attempts.
Staff receive training in the
management of hunger strikes as part
of their Field Training Officer
~

r lUgI<llll.

[2J ACCEPTABLE

D DEFICIENT

AT-RISK

D REPEAT FINDING

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 29 of69

I
!

REMARKS:

All staff in the facility has received adequate guidance in the recognition, referral and management of those persons engaging in a
~ger strike. These procedures ensure the monitoring of the health and welfare of the detainee. There have been no detainee hunger
.ikes since the last inspection.
b6,b7c

b6,b7c

11-19-09

AUDITOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSrnVE)
Page 30 of 69

ACCESS TO MEDICAL CARE

•

POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR
THE GENERAL WELL-BEING OF ICE DETAINEES.
COMPONENTS
YES No
NA
REMARKS
The facility is inspected by the
Facilities operate a health care facility in compliance with
Minnesota Department of Corrections.
state and local laws and guidelines.
The adult portion of the jail was last
I2l D D inspected
on January 27, 2009. The
facility was found to be in compliance
with Minnesota standards.
Medical screening is performed by
The facility's in-processing procedures for arriving detainees
I2l D D officers in the booking area.
include medical screening.
All detainees have access to and receive medical care.
Detainees gain access to medical care
by filling out a sick call request form.
Forms are collected daily during the
week. RNs perform sick call using
protocols and standing orders. The
I2l D D medical
director is available by phone
should problems arise that are outside
the protocols. Medical care beyond the
scope of jail staff is arranged with
health care providers in the community.
The jail uses ICE's TAR system to
The facility has access to a PHS/DlHS Managed Health Care
Coordinator.
I2l D D communicate with the managed health
care coordinator.
On-site medical staffing includes two
The medical staff is large enough to provide, examine, and
Registered Nurses that provide
treat the facility's detainee population.
I2l D D coverage on the day shift, Monday thru
Friday. A physician/medical director is
on-call.
The health services unit has ample
The facility has sufficient space and equipment to afford
detainee privacy when receiving health care.
I2l D D space. Detainees are examined in a
room that provides privacy.
The health services area is its own
The medical facility has its own restricted-access area. The
restricted access area is located within the confines of the
I2l D D restricted area and is within the secure
secure perimeter.
perimeter.
The medical area has a small waiting
The medical facility entrance includes a holding/waiting
I2l D D room.
room.
When a detainee is brought to the
The medical facility's holding/waiting room is under the
health services area the escorting
direct supervision of custodial staff.
I2l D D correctional officer remains with the
detainee until they are returned to the
housing unit.
Detainees have access to water and a
Detainees in the holding/waiting room have access to a
I2l D D toilet.
drinking fountain.
Medical records are kept apart from other files. They are:
• Secured in a locked area within the medical unit;
Medical records are maintained
• With physical access restricted to authorized medical I2l D D separate from detention files. Access is
staff; and
restricted to medical personnel.
Procedurally,
no copies made and placed in detainee
•
files.
Pharmaceuticals are stored in a cart that
Pharmaceuticals are stored in a secure area.
is kept in a room in the health services
area. The walls of the room are solid
I2l D D with a solid ceiling. The door is metal
and secured with a high security
locking device.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 31 of69

ACCESS TO MEDICAL CARE

•

POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR
THE GENERAL WELL-BEING OF ICE DETAINEES.

Medical screening includes a Tuberculosis (TB) test.
• Every arriving detainee receives a TB test during the
admission process;
• Detainee's TB-screening does not occur more than
one business day after hislher arrival at the facility;
and
• Detainees not screened are housed separate from the
general population.
All detainees receive a mental-health screening upon arrival.
It is conducted:
• Bya health care provider or specially trained officer;
and
• Before a detainee's assignment to a housing unit.
The facility health care provider promptly reviews all 1-794s
(or equivalent) to identify detainees needing medical

TB symptomatic screening is
performed during booking. TB testing
is performed by means of a digital
chest x-ray. The x-ray is read the same
day it is taken and results are Faxed
back to the jail. If a detainee tests
positive they are transferred to a facility
with a negative pressure isolation cell.
Detainees receive mental health
screening during the booking process.
Officers receive training during their
field training officer/orientation
program.
Health care staff review medical intake
screening information promptly on
UIPPlrrl"""

The health care provider physically examines/assesses
arriving detainees within 14 days of admission/arrival at the
facility.

•
Detainees in the Special Management Unit have access to
health care services.
Staff provides detainees with health serVIces (sick call)
request slips daily, upon request.
• Request slips are available in languages other than
English, including every language spoken by a
sizeable number of the facility's detainee population.
•
Service-request slips are delivered III a timely
fashion to the health care provider.
The facility has a written plan for the delivery of 24-hour
emergency health care when no medical personnel are on duty
at the facility, or when immediate outside medical attention is
required.
The plan includes an on-call provider.

The plan includes procedures for facility staff to utilize this
emergency health care consistent with security and safety.

•

ll,

chr\lllrl " rl.

arrive after 4 PM on Friday, their
information will not be reviewed until 7
AM on Monday, at the earliest. If it is
a three day weekend, review by a
health care provider would be an
additional day.
The medical records of 15 detainees
were reviewed and 6 of the 15 did not
have assessments performed within 14
days of arrival. From January to March
2009, the facility performed a study of
the timeliness of assessments and found
that they were delinquent. A system of
controls was put in place to ensure that
assessments were performed. Of the
nine records reviewed of detainees
admitted after March 2009, all had
timely physical assessments.
Detainees in the Special Management
Unit have the same access to health
care as those in general housing.
Sick call request slips are available
upon request. The current request slip
is available in English only, but is
being translated into Spanish. Those
detainees not speaking Spanish are
provided translation assistance to fill
out the form.

Policy 6615 outlines procedures for
delivery of emergency health care.

Policy 6615 states that the contracted
physician will be called if time permits.

Policy 6615 adequately describes
procedures for safety and security
L -____________________________________________~____~____~__~_d~u~r~in~g~em~er~g~e~n~cy~tr~a~n~sp~o~rt~.________~

rgJ

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 32 of69

•

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

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

The Form 1-819 (or IGSA equivalent) is used to notify the
Warden/Facility of a detainee that has special medical needs.

A signed and dated consent form is obtained from a detainee
before medical treatment is administered.

o
Detainees use the 1-813 (or IGSA equivalent) to authorize the
release of confidential medical records to outside sources.
The facility health care provider is given advance notice prior
to the
or removal of a detainee.
Detainee's medical records or a copy thereof, are available
and transferred with the detainee.

Medical records are placed in a sealed envelope or other
container labeled with the detainee's name and A-number and
marked "MEDICAL CONFIDENTIAL".

•

o DEFICIENT

medications. They are trained by the
RN to pass medications prior to
performing this function. Medication
distribution was observed and was
A medication administration record is
used to record distribution. The

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

[gI ACCEPTABLE

All staff are CPR, First Aid, and AED
trained. There is no place within the
facility that cannot be reached in less
than 3 minutes. Training logs were
reviewed and confirmed CPR and First
Aid training. AEDs were observed
the

OAT-RISK

A formalized consent form for medical
treatment has not been instituted. The
medical staff have considered a sick
call request form filled out by the
detainee as "implied consent". Mter
discussion with the medical staff,
consideration is being given to adding a
medical care consent form to the sick
call request form or the booking
documents.
A release of medical records form is
signed as part of the booking
A list of departing detainees is provided
to the RNs.
A medical summary sheet (form USM
533) is prepared for each departing
detainee. Medical records are not
routinely transferred, but are available
for transfer if
When medical records are transferred
with the detainee, they are placed in a
sealed envelope and labeled Medical
Confidential.

o REPEAT FINDING

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 33 of69

REMARKS:

Carver County Jail provides its detainee population with initial medical screening, essential medical care, and emergency care.
edical staffing is minimal but sufficient to meet the needs of the population. The physical plant is adequate and provides for privacy
ring examinations. Physical assessments are not always performed within the required 14 days of arrival. A great improvement in
e timely performance of these assessments was noted over the past 8 months.

b6,b7c

11-19-09

LJ AUDITOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 34 of69

Every new staff member receives suicide-prevention training. Suicideprevention training occurs during the employee orientation program.

Staff receive suicide prevention and
intervention training during their 12
week Field Training Officer (FTO)
program. New staff are not
permitted to stand posts alone until
have
this
As part of their FrO program, all
new officers view a video that
outlines how to recognize and refer
persons who are potentially suicidal.
The video was reviewed and
tr<lllnlll"T

Training prepares staff to:
• Recognize potentially suicidal behavior;
• Refer potentially suicidal detainees, following facility
procedures; and
• Understand and apply suicide-prevention techniques.
all detainees
as
process.
• Screening does not occur later than one working day after the
detainee's arrival.
Written procedures cover when and how to refer at-risk detainees to
medical staff and procedures are followed.

The facility has a designated isolation room for evaluation and
treatment.

~
designated isolation room does not contain any structures or
items that could be used in a suicide attempt.

~ ACCEPTABLE

DDEFICIENT

Detainees on suicide watch are
placed in one of the cells in the
booking area. These cells are on
constant video surveillance.

The cells used for suicide watch are
free of all small and sharp objects.
Detainees are placed in a suicide

Medical staff have approved the
suicide watch cells.

Medical staff has approved the room for this purpose.

Staff observes and documents the status of a suicide-watch detainee at
least once every 15 minutes.

UU~/AJ.ll;'; process.
This occurs immediately upon arrival
to the ·ail.
Policy 6614 outlines procedures for
detainee referral.

AT-RISK

Staff are required to record their
observations in the "behavior log"
10-15 minutes.

D REPEAT FINDING

REMARKS:

Staff at the facility receive adequate training in the recognition, referral and management of detainees who present with suicide
potential. The facility has a relationship with the Carver County Mental Health Crisis Team for the evaluation and management of
ns on suicide watch are not removed from this status unless approved by the mental health care provider.

•

b6,b7c

SIGNATURE / DATE

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 35 of69

Detainees who are chronically or terminally ill are transferred to an appropriate
offsite medical facility.

The facility or appropriate ICE office promptly notifies the next of kin of the
detainee's medical condition, to include:
• The detainee's location; and
on
• The limitations
There are guidelines addressing the State Advanced Directive Form for
Implementing Living Wills and Advanced Directives.
• The guidelines include instructions for detainees who wish to have a
living will other than the generic form the DIHS provides or who
another to make advance decisions for him or her.
wishes to
The guidelines provide the detainee the opportunity to have a private attorney
prepare the documents.

D
D

ICE provides for the
security when detainees are
hospitalized. ICE notifies
the next of kin.
Health Services standing
order 10.23 provides
guidance in preparing
advanced directives.

There is a policy addressing "Do Not Resuscitate Orders"

with a "Do Not Resuscitate" order in the medical record receive
maximal therapeutic efforts short of resuscitation?

The facility notifies the DIHS Medical Director and Headquarters' Legal
Counsel of the name and basic circumstances of any detainee with a "Do Not
Resuscitate" order in the medical record. In the case of IGSAs, this notification
the local ICE
is made
The facility has written procedures to address the issues of organ donation by
detainees.

The facility has written procedures to notify ICE officials, deceased family
members and consulates, when a detainee dies while in Service.

Standing order 10.23
permits privately prepared
advanced directives.
Detainees who are
chronically or terminally ill
are not housed at this

The facility has a policy and procedure to address the death of a detainee while
in transport.

ICE locations the detainee's remains disposed of in accordance with the
detailed in this standard.

This is not an ICE location.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 36 of 69

In the event that neither family nor consulate claims the remains, the Field
Office schedules an indigent's burial, consistent with local procedures.
• If the detainee's is a U.S. military veteran, is the Department of
Veterans Affairs notified?

There have been no
detainee deaths at this
facility. Per the ICE DRO,
an indigent's burial would
be provided and the
Department of Veteran's
Affairs would be notified.

There are no procedures for
the performance of an
autopsy, obtaining death
certificates or local
transportation of the body.

detainee's death certificate is placed in the

The facility follows established policy and procedures describing when to
contact the local coroner regarding such issues as:
• Performance of an autopsy;
• Who will perform the autopsy;
• Obtaining state approved death certificates; and
• Local
of the bo
ICE staff follows established procedures to properly close the case of a
deceased detainee.
~ ACCEPTABLE

DDEFICIENT

AT-RISK

There have been no
detainee deaths at this

D REPEAT FINDING

REMARKS:

The facility does not routinely house detainees who are seriously or terminally ill. Procedures are in place for adequate notification of
ICE officials, consulates, and next of kin in the event of a detainee's hospitalization or death. Procedures need to be developed that
address performance of an autopsy.
b6,b7c
b6,b7c
-:!
11-19-09
I AUDITOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 37 of69

•

SECTION III
SECURITY AND CONTROL STANDARDS

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 38 of69

seizure.
is government property is
as evidence for
action or criminal
Staff returns property not needed as evidence to the proper authority.
Written procedures cover the return of such property.

is destroyed following documentation and using

[gI

Staff follows written procedures when destroying hard contraband that
is illegal.
Hard contraband that is illegal (under criminal statutes) may be
retained and used for official use, e.g. training purposes.
If yes, under specific circumstances and using specified written
procedures. Hard contraband is secured when not in use.

[gI ACCEPTABLE

o DEFICIENT

OAT-RISK

Policy 6911 defines procedures
for handling contraband.

This issue is addressed in the
Carver County Sheriff's Office
Manual of Administrative
Practices.

items.
This component is defined in
the Sheriff's Manual of
Administrative Practices.
Though this is not a practice, the
J ail Administrator advised that
the option is available to legally
retain seized contraband for
and

o REPEAT FINDING

With the exception of issues relevant to religious practices, Policy 6911 addresses all of the components of the Contraband Standard.
A review of search files and schedules indicates compliance with search requirements and the appropriate disposition of contraband.
b6,b7c

b6,b7c

7J AUDITOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSrnVE)
Page 39 of69

DETENTION FILES
POLICY: EVERY FACILITY WILL CREATE A DETENTION FILE FOR EVERY ICE DETAINEE BOOKED INTO THE FACILITY, EXCLUDING ONLY
DETAINEES SCHEDULED TO DEPART WITHIN 24 HOURS. THE DETENTION FILE WILL CONTAIN COPIES AND, IN SOME CASES, THE ORIGINAL
OF SPECIFIED DOCUMENTS CONCERNING THE DETAINEE'S STAY IN THE FACILITY: CLASSIFICATION SHEET, MEDICAL QUESTIONNAIRE,
'llKl '{ INVENTORY SHEET DISCIPLINARY DOCUMENTS, ETC.

YES

II"

A detention file is created for every new arrival whose stay will
exceed 24 hours.
The detainee detention file contains either originals or copies of
documentation and forms generated during the admissions process.

The detainee's detention file also contains documents generated
during the detainee's custody.
• Special requests
• Any G-589s and/or 1-77s closed-out during the detainee's
stay
• Disciplinary forms/Segregation forms
The detention files are located and maintained in a secure area. If
not, the cabinets are lockable and distribution of the keys is limited
to supervisors.
The detention file remains active during the detainee's stay. When
the detainee is released from the facility, staff adds copies of
completed release documents, the original closed-out receipts for
property and valuables, the original 1-385 or equivalent, and other
documentation.
The officer closing the detention file makes a notation that the file
is comnlete and ready to be archived.
~£makes copies and sends documents from the file when
requested by supervisory personnel at the receiving facility
office.

Appropriate staff has access to the detention files, and other
departmental requests are accommodated by making a request for
the file. Each file is properly logged out and in by a representative
of the responsihle d"paltment.
[gI ACCEPTABLE
D DE}'ILIENI

[gI

REM.tRKS

Admissions data is placed with booking
documents and daily activity data is
separated into detention files and "Pac"
files.
This data is kept in the Pac file. The Pac
files and detention files are stored
together when the detainee is
transferred or released.

[gI

D
D

AT-RISK

D REPIUT FINDING

b6,b7c
b6,b7c

/11-18-09

~ AUDITOR'S SIGNATURE/DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 40 of69

DISCIPLINARY POLICY
POLICY: ALL FACILITIES HOUSING

ICE DEIAINEES ARE AUTHORIZED TO IMPOSE DISCIPLINE ON DEIAINEES WHOSE BEHAVIOR IS NOT IN

COMPLIANCE WITH FACILITY RULES AND REGULATIONS.

YE~

Utl'll/j

The facility rules state that disciplinary action shall not be capricious
or retaliatory.
Written rules prohibit staff from imposing or permitting the following
sanctions:
• corporal punishment
• deviations from normal food service
• clothing deprivation
• neae 19 oepnvanon
• denial of personal hygiene items
• loss of correspondence privileges
• i!.eprivatiQ!!. of ohvsical exercise
The rules of conduct, sanctions, and procedures for violations are
defined in writing and communicated to all detainees verbally and in
writing.
The following items are conspicuously posted in Spanish and English,
and other dominate languages used in the facility:
• Rights and Responsibilities
• Prohibited Acts
• Disciplinary Severity Scale
• Sanctions
When minor rule violations or prohibited acts occur, informal
resolutions are encouraged.

Incident r~ports and Notice of Charges are promptly forwarded to the
clp->li !1naterl supervisor.
Incident reports are investigated within 24 hours of the incident. The
Unit Disciplinary Committee (UDC) or equivalent does not convene
before an investigation ends.
An intermediate disciplinary process is used to adjudicate minor
infractions.
A disciplinary panel (or equivalent in IGSAs) adjudicates infractions.
The panel:
• Conducts hearings on all charges and allegations referred by
the UDC;
• Considers written reports, statements, physical evidence, and
oral testimony;
• Hears pleadings by detainees and staff representatives;
• Bases its findings on the preponderance of evidence; and
• Tmnoses only authorized sanctions
A staff 1 vpl'
l VV is available if requested for a detainee facing a
cliscinlinary hearing-.

RJ?MADK~

facility has a written disciplinary system using progressive levels
of reviews and appeals.

Policy 6402, Infractions and
Sanctions, defines the
parameters for progressive
levels of violations, reviews,
and anneals.
This is stated in the facility
policy and the Inmate Rules
Handbook.

Policy 6402 lists each of these
prohihited

The Inmate Rules Handbook
and orientation video are
provided upon the detainees'
arrival.
The Inmate Rules Handbook,
orientation video, and posted
signage throughout the facility
are in English and Spanish. It is
noted this item was raised as an
area of concern during the 2008
review.
The staff takes seriously the
importance of proactive
problem-solving and informal
resolution of minor violations.

The on-duty shift sergeants are
responsible for investigation and
documentation of incidents.
Nearly all minor violations are
handled lllformally.
The facility disciplinary panel
consists of the administrative
sergeant, a program services
staff member, and a line staff
member who was not directly
involved in the incident.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 41 of69

facility permits hearing postponements or continuances when
conditions warrant such a continuance. Reasons are documented.
The duration of punishment set by the Ole, as recommended by the
disciplinary panel, does not exceed established sanctions. The
maximum time in disciplinary segregation is limited to 60 days for a
.
offense.
Written procedures govern the handling of confidential-informant
information. Standards include criteria for recognizing "substantial
evidence"

[gI ACCEPTABLE

o DEFICIENT

OAT-RISK

The parameters for disciplinary
sanctions are defined in Policy
6402 (D).

Although there are provisions
for Protective Custody, nothing
was found in the facility's
policies concerning handling of
confidential informant
information.

o REPEAT FINDING

REMARKS:

The facility's policies, orientation video and Inmate Rules Handbook address most components of the Disciplinary Policy Standard.
However, there is no specific direction regarding the handling of confidential informant information.
b6,b7c
b6,b7c

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 42 of69

EMERGENCY (CONTINGENCy) PLANS

«£=:

POLICY ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH A PREDETERMINED STANDARDIZED PLAN TO
THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFs ENTER INTO
11. VIA MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF
,I

jENT:S

Policy precludes detainees or detainee groups from exercising control
or authority over other detainees.
Detainees are protected from:
• Personal abuse
Corporal punishment
• Personal injury
• Disease
• Property damage
• Harassment from other detainees
Staff is trained to identify signs of detainee unrest.
• What tvoe oftrl'linin!7 andhow often?

•

Staff dfe\;lly-l. disseminates uifcn
facility climate, detainee
Mtit11l1f>" and m~ to the 9fficerJn Char_ge (OIC)
There is a designated person or persons responsible for emergency
plans and their implementation. Sufficient time is allotted to the person
or group for develonmf>nt and imnlementMion of the plans.
_ e plans address the following issues:
•
Confidentiality
• Accountability (copies and storage locations)
• Annual review procedures and schedule
• Revisions
Contingency plans include a comprehensive general section with
~~Clj l'Innlir.l'Ihlf> to most
;y situations.
The facility has cooperative contingency plans with applicable:
• Local law enforcement agencies
• State agencies
• Federal agencies
All staff receives copies of Hostage Situation Management policy and
lres.
Staff is trained to disregard instructions from hostages, regardless of
rank. Within 24 hours after release, hostages are screened for medical
and}Js:ur.holoQical effects.
Emergency plans include emergency medical treatment for staff and
.-1f>tl'linf>f>"~~ and after an incident.
Food service maintains at least 3 days' worth of emergency meals for
staff and detainees.
Written plans identify locations of shut-off valves and switches for all
utilities (water, gas, electric).

YES

REMARKS

Staff receives 16 hours of inservice training, One
component of initial
certification training also
includes identifying signs of
detainee behavior. Shift
briefings regularly include the
current level of inmate morale.

The Assistant Jail
Administrator insures
compliance with this
component.

The jail is a function of the
Carver County Sheriffs Office.
There are cooperative
agreements with surrounding
municipal and state law
enforcement l'I!7enr.ie"

This component of the standard
is covered in the opening
sentence of Policy 6811.

The contingency plans do not
include the locations of utility
switches and valves.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 43 of69

Written procedures cover:
• WorkIFood Strike
• Disturbances
• Escapes
• Bomb Threats
• Adverse Weather
• Internal Searches
• Facility Evacuation
• Detainee Transportation System Plan
• Internal Hostages
• Civil Disturbances

l.8J ACCEPTABLE

o DEFICIENT

All emergency procedures
listed in this component are
included in policy 6899.

AT-RISK

REMARKS:

There is no addendum to the contingency plans that includes the location of the utility emergency shut-off valves and switches.
b6,b7c

b6,b7c

11-19-09

DAuDlTOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 44 of 69

ENVIRONMENTAL HEALTH AND SAFETY
EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH A HAZARDOUS MATERIALS
PROGRAM. THE PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTWICATION AND LABELING OF HAZARDOUS MATERIALS IN
ACCORDANCE WITH APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTWICATION OF
\,fPATIBLE MATERIALS, AND SAFE-HANDLING PROCEDURES
RF.MARKS
COMPuI'II';l'Il1j
No
NA
YES
The facility has a system for storing, issuing, and maintaining
Policy #6906, Dangerous
Materialsrr001 ControllMedical
inventories of hazardous materials.
0
0
~
EqUlplU"Hl, dated 10/01102.
noted
Constant inventories are maintained for all flammahle. toxic, and
There were no lll'
0
~
0
in any area of the facility.
caustic substances used/stored in each section of the facility.
The manufacturer's Material Safety Data Sheet (MSDS) file is up-toThere was a master list
date for every hazardous substance used.
available, but it has not been
updated since January 2006.
• The files list all storage areas, and include a plant diagram
0
0
~
and legend.
There were no plant diagrams
contained with the master list
The
MSDSs
and
other
information
in
the
files
are
available
to
•
and no storage areas listed.
l',,[sonnel mHnmrinv the facility's safety program.
All •
leI using flHmmahle toxic, and/or caustic substances follow
thpcnrescriheo
....
Thev:
r-1
r-1
L.J
L-J
161
Wear
personal
protective
equipment;
and
•
• Report hazards and spills to the Op.sivnHtp.iI official.
The MSDSs are readily accessible to staff and detainees in work areas.
0
0
~
POLICY:

Hazardous materials are always issued under proper supervision.
• Quantities are limited; and
• Staff always supervises detainees using these substances.
All "flammable" and on nnstihle" materials (liquid and aerosol) are
stored and used Hccoroin!1 to label recommendations.
Lighting fixtures and electrical equipment installed in
rooms
and other hazardous areas meet National Electrical Code requirements.
~ facility has Iffir.ip.nt vp.ntilHtion and provides and ensures clean
p.xr.hHn vp.s throuvhont all bviloinvs
Vents return vents, and air conditioning ducts are not blocked or
obstructed in cells or uuywm:n; in the facility.
Living units are maintained at appropriate temperatures in accordance
with industry standards. (68 to 74 degrees in the winter and 72 to 78
U"~l""~ in the summer.)
Shower and sink water temperatures do not exceed the industry
standard of 120 degrees.
All toxic and caustic materials are stored in their original containers in
a secure area.
Excess flammables, combustibles, and toxic liquids are disposed of
jJ1UjJ~rly and in accordance with MSDSs.
Staff directly supervise and account for products with methyl alcohol.
Staff receives a list of products containing diluted methyl alcohol, e.g.,
shoe dye. All such products are clearly labeled. "Accountability"
includes issuing such products to detainees in the smallest workable
quantities.
Every employee and detainee using flammable, toxic,
caustic
materials receives advance training in their use, storage, and ilisnOSH I
The facility complies with the most current edition of applicable
codes, standards, and regulations of the National Fire Protection
Association and the Occupational Safety and Health Administration
(OSHA).
IS.
A technicHllv qVHlifip.o officer cononcts the fire and safety lil"J
The Safety Office (or officer) maintHins files of inspect1Ull reports.
«faCility has an approved fire prevention, control, and evacuation

Unsecured hazardous substances
were noted in areas throughout
the facility.

No products were found that
contained methyl alcohol.

LJ
0
0

~
~

0
0

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 45 of69

iEI'IT/s

The plan requires:
• Monthly fire inspections;
• Fire protection equipment strategically located throughout the
facility;
• Public posting of emergency plans with accessible
building/room floor plans;
• Exit signs and directional arrows; and
• An area-specific exit diagram conspicuously posted in the
jiagra~d area.
Fire drills are conducted and documented monthly.

YES

A sanitation program covers barbering operations.

The barber shop has the facilities and equipment necessary to meet
sanitation requirements.

REMARKS

Fire drills are conducted semiannuallv.
Policy #6710, Hair Care
Services covers
II!
operations.
Barber services are provided to
the population in a housing unit
conference room. The area does
not have the proper equipment
necessary to meet sanitation
1

The sanitation standards are conspicuously posted in the barbershop.

The facility follows standard cleaning procedures.

Spill kits are readily available.

Written

Jl1Ul't:uun;~

oth",

regulate the handling and disposal of used needles

~=~~~~'~O""'tiru ,..rely 0' """'Iy ",Ie< ",e inven'oc'ed

a np.si onlltp.n individual checks this inventory weekly.
Standard cleaning practices include:
• Using specified equipment; cleansers; disinfectants and
detergents.
• An established schedule of cleaning and follow-up

vyu~ements.

No sanitation .,tandarrl , were
noted in the barbershon areas.

in snp.r.ti on s

A licensed medical waste contractor disposes of infectious/biohazardous waste.

Staff is trained to prevent contact with blood and other body fluids and
written
-'- Lv" are followed.
Do the mp.thons for handling/disposing of refuse meet all regulatory
•
.'1
1 vljUllvUlvUlS t
A licensed/Certified/Trained pest-control professional inspects for
rodents, insects, and vermin.
• At least monthly.
• The pest-control program includes preventative spraying for
indigenous insects.
Drinking water and wastewater is routinely tested according to a fixed

The facility contracts with SteriCycle for the removal of
infectious and bio-hazardous
waste.

FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE)
Page 46 of69

Emergency power generators are tested at least every two weeks.
• Other emergency systems and equipment receive testing at
least quarterly.
• Testing is followed-up with timely corrective actions (repairs
and

o ACCEPTABLE

[gI DEFICIENT

OAT-RISK

o
[gI REPEAT FINDING

REMARKs:

The facility has a procedure for the handling of caustic materials, but this procedure does not require inventories of these items. There
fa ilit that had toxic and caustic materials which were unsupervised and not on any inventories. MSDS
sheets for all materials maintained by the jail were not up-to-date. The MSDS sheets were lila equa e as
hazardous materials maintained by the facility.
The facility has an approved fire plan (Policy #6813); however, this plan does not require monthly drills as required by the detention
standard.
b6,b7c
b6,b7c

AUDITOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 47 of 69

The hold rooms are situated within the secure perimeter.

The hold rooms are well ventilated well lighted, and all activating
switches are located outside the room.
The hold rooms contain sufficient seating for the number of detainees
held.

make-shift sleeping apparatus are

audible range to allow
basis.
detainees are given a pat down search for weapons or contraband
in the room.
Officers closely supervise the detention hold rooms using direct
supervision (Irregular visual monitoring.).
• Hold rooms are irregularly monitored every 15 minutes.
• Unusual behavior or complaints are noted.
been removed from the hold room, it is
There is a written evacuation plan that includes a designated officer
to remove detainees from hold rooms in case of fire and/or building
evacuation.
An appropriate emergency service is called immediately upon a
determination that a medical
exist.
~ ACCEPTABLE

o DEFICIENT

OAT-RISK

The hold rooms are located in
the booking section under
constant observation.

The large hold room used for
short term holding is quite
comfortable. It is furnished
with comfortable couches,
reading material, and a
television.

The jail is a modern facility that
has toilets in each hold room.

The hold rooms are in close
proximity to the booking area
which is staffed at all times.
The individual hold rooms are
also monitored
eerv.

REPEAT FINDING

REMARKS:

The facility's hold rooms are properly secured, equipped and utilized.
b6,b7c
b6,b7c
11-19-09
( AUDITOR'S SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 48 of 69

KEY AND LOCK CONTROL
(SECURITY, ACCOUNTABILITY AND MAINTENANCE)
IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE
KEYS AND LOCKS.
C'.
REMARKS
IT:S
YES
No
NA
The security officer[s], or equivalent in IGSAs, has attended an
Lock maintenance and repair is
approved locksmith training program.
provided by the Carver County
D Facilities Department. There is
!X1
D
a trained locksmith on their
staff.
The security officer, or equivalent in IGSAs, has responsibly for all
The facility's administrative
administrative duties and responsibilities relating to keys, locks etc.
D
D sergeant is responsible for this
!X1
component of the standard.
The security officer, or equivalent in IGSAs, provides training to
D
!X1
D
employees in key control.
The security officer, or equivalent in IGSAs, maintains inventories of
D
D
!X1
all keys, locks and locking devices.
~L

The ~t;;vUIlly officer tollows a preventlve malrtena1 ce PIUb 1alll anu
maintains all pre'i.;:ntivo;; maintenance documentation.
Facility policies and procedures address the issue of compromised
.~ and locks.
The security officer, or equivalent in IGSAs, develops policy and
procedures to ensure safe combinations integrity.

•

Only dead bolt or dead lock functions are used in detainee accessible
areas.
Only authorized locks (as specified in the Detention Standard) are
used in detainee accessible areas .
rand master keying systems are prohibited.

All worn or discarded keys and locks are cut up and properly disposed
of
Padlocks and/or chains are prohibited from use on cell doors.
The entrance/exit door locks to detainee living quarters, or areas with
an occupant load of 50 or more people, conform to:
• Occupational Safety and Environmental Health Manual, Ch.
3',
• National Fire Protection Association Life Safety Code 101.
The operational keyboard is sufficient to accommodate all the facility
_hyrings,_ in~dinK key~in use, and is located in a secure area.
Procedures are in place to ensure that key rings are:
• Identifiable;
• The numbers of keys are cited; and
• Keys cannot be removed.

!X1

b2High

Emergency keys are available for all areas of the facility.

•

FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE)
Page 49 of69

r',

C~~:~;Facilitie~ staff.'J ,~,

b2High

Security keys are accounted for
and recorded.
Individual gun lockers are provided.
• They are located in an area that permits constant officer
observation.
• In an area that does not allow detainee or
access.
The facility has a key accountability policy and procedures to ensure
key accountability. The keys are physically counted daily.

proper procedures for the handling of keys.
• Issued keys are returned immediately in the event an
employee inadvertently carries a key ring home.
• When a key or key ring is lost, misplaced, or not accounted
for, the shift supervisor is immediately notified.
• Detainees are not
to handle
to staff.
~ ACCEPTABLE

o DEFICIENT

OAT-RISK

b2High

Key control training is
conducted during initial
employment training and
included in the facility's annual
training.

o REPEAT FINDING

REMARKS:

•

e facility's key control procedures generally meet the intent of the Key and Lock Control Standard. The integrity of the system
ould be imprO\;,ed with welded or otherwise secured key rings.
b6,b7c
b6,b7c

11-19-09

{ ,AUDITOR' SIGNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 50 of69

Activities cease or are strictly controlled while a formal count is
conducted.

o
o

Officers positively identify each detainee before counting him/her as

and emergency counts.
•
are followed
informal counts and
The control officer (or other designated position) maintains an out count record of all detainees temporarily leaving the facility.

~ ACCEPTABLE

•

o DEFICIENT

Detainees are provided ID
wristbands that include a

Counts are maintained in the

OAT-RISK

o REPEAT FINDING

REMARKS:

The informal count conducted at 11:30 AM, 11-17-09, was observed. Prescribed procedures were followed. Counts are conducted at
6:00AM, 9:30AM, 11:30AM, 3:00PM, 4:30PM, 6:00PM and 1O:30PM .
b6,b7c
b6,b7c

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 51 of69

Each set contains the latest inserts (emergency memoranda, etc.) and
revisions.

One individual or department is responsible for keeping all post-orders
current with revisions that take place between reviews.

The !GSA maintains a complete set (central file) of post orders.

The OIC or Contract / IGSA equivalent has signed and dated the last
page of every section.

ew/ur:ldatilljrJn~is~;uillg

o
o
o

of post orders occurs regularly and at a

Procedures keep post orders and logbooks secure from detainees at all
times.
IHvU-U'V,",' officer qualifies with the post weapon(s) before

The post orders were reviewed
and revised immediately prior to
this review.
The Assistant Jail Administrator
has responsibility for the post
orders review.
are maintained on

Post orders are maintained on
the computer system. There is
no physical signature, but the
revision date is posted at the
bottom of the document.

Detainees do not have access to
the
b2High

Armed security is provided by
the Carver County Sheriff's
Office.

a log. The

[gI ACCEPTABLE

o DEFICIENT

OAT-RISK

o REPEAT FINDING

REMARKS:

b6,b7c

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 52 of69

SECURITY INSPECTIONS
POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL
RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS.

YES

_\.AI~J'lEl'I~

facility has a comprehensive security inspection policy. The
policy specifies:
• Posts to be inspected;
• Required inspection forms;
• Frequency of inspections;
• Guidelines for checking security features; and
• Procedures for reporting weak spots, inconsistencies, and
other areas needing 11llplUVement
Every officer is required to conduct a security check of hislher
H~~i<mp.n area. The results are documented.
Documentation of security inspections is kept on file.

IZl

rIUl,;\;;UUI"''' ensure mat 1t:l,;lUTlllg PIUUIvlll" anu a laHUf\;; 'u La1\.v
corrective action are IvPUlL"'U to the appIupllate manH!1er.
The front-entrance officer checks the ID of everyone entering or
exiting the facility.

IZl

All visits are officially recorded in a visitor logbook or electronically
recorded.

IZl

Q
J

The facility has a secure visitor pass system.
~C~ol C~r offi~

recei,,-es specialized traininQ".
The rontrol Center is staffed around the clock.
_IV"Ll",'" staff access to the Control Center.
lees are 1t:1SUIl,;tt:U from access to the Control Center.
Communications are centralized in the Control Center.

RF.MARKS

Policies 6900 and 6913 address
all the elements of this
component.

The administrative sergeant
maintains the files on security
in ~np.r.ti on"

The review team was adequately
processed upon entry into the
facility.
Visitors are required to display a
facility Visitor ID card.

IZl

b2High

IZl

b2High

IZl

Officers monitor all vehicular traffic entering and leaving the facility.

The facility maintains a log of all incoming and departing vehicles to
sensitive areas of the facility. Each entry contains:
• The driver's name;
• Company represented;
• Vehicle contents;
• Delivery date and time;
• Date and time out;
• Vehicle license number; and
• Name of employee responsihle for the vehicle during the visit
Officers thoroughly search each vehicle entering and leaving the
facility.

IZl

b2High

Vehicle operators are
responsible for the search of
their own vehicles upon arrival
b2High
and prior to departure.
b2High

~ facility

has a written policy and procedures to prevent the
ltronllction of contraband into the facility or any of its
lent~

IZl

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 53 of69

procedures govern searches of detainee housing units and
areas.
Housing area searches occur at irregular times.

System tests are documented by
the Master Control Room
operator.

The visitation areas are
routinely included on the duty
tour.

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

Storage and supply rooms, walls, light and plumbing fixtures,
accesses, and drains, etc., undergo frequent, irregular searches. These
searches are documented.
Walls, fences, and exits, including exterior windows, are inspected for
defects once each shift.
Daily procedures include:
• Perimeter alarm system tests;
Physical checks of the perimeter fence; and
the results.
Visitation areas receive frequent, irregular inspections.

IXI ACCEPTABLE

DDEFICIENT

AT-RISK

The SMU for the facility is a
separate unit that adjoins the
general population living area.
The entrance is secure.

Each of the four shifts adheres
to a published monthly search
schedule.
The on-duty shift sergeant is
responsible for a complete walkthm inspection of the facility.
are
on
exchange form and
are documented.
Irregular searches are
conducted. The duty sergeant
documents searches on the shift
form.

D REPEAT FINDING

REMARKs:

General security inspections are conducted properly and documented appropriately by the shift sergeants .
b6,b7c

b6,b7c

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 54 of 69

SPECIAL MANAGEMENT UNIT (SMU)
(ADMINISTRATIVE SEGREGATION)

POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL
POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES
.:;~: ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE
MANAGEMENT UNIT(DISCIPl.~ARY
ATI01'll" STANnARD).
RI?MARKS
COMPV1'Ir.1'I1 ~
YES
No
NA
..
The Administrative Segregation unit provides non-punItIve
protection from the general population and individuals undergoing
Policy 6400 addresses this
disciplinary segregation.
D
D component.
IZl
• Detainees are placed in the SMU (administrative) In
accordance with written criteria.
In exigent circumstances, staff may place a detainee in the SMU
(administrative) before a written order has been approved.
IZl
D
D
• A copyofthe orderJ2ven to the detainee within 24 hours.
The OIC (or equivalent) regularly reviews the status of detainees in
The Jail Administrator and
administrative detention.
Assistant Administrator conduct
D
IZl
D
• A supervisory officer conducts a review within 72 hours of
the
reviews.
the ..I.
'~ nl:
in the SMTr (administrative)
A supervisory officer conducts another review after the detainee has
spent seven days in administrative segregation, and:
• Every week thereafter for the first month; and
D
D
IZl
• Every 30 days after the first month.
Does
each
review
include
an
interview
with
the
detainee?
•
• Is :c:a written record made of the decision and the
?
JU~I
The detainee is given a copy of the decision and justification for each
review.
D
D
• The detainee is given an opportunity to appeal the reviewer's IZl
decision to someone else in thelacility.
OIC (or equivalent) routinely notifies the Field Office Director
staff officer in charge of IGSAs) any time a detainee's stay in
administrative detention exceeds 30 days.
D
D
• Upon notification that the detainee's administrative IZl
segregation has exceeded 60 days, the FD forwards written
notice to HQ Field Op<>rations Branch Chieffor DRO.
The OIC or equivalent) reviews the case of every detainee who
objects to administrative segregation after 30 days in the SMU.
Reviews of SMU cases are
D
D conducted by a classification
• A written record IS made of the decision and the IZl
caseworker.
justification.
The
detainee
receives
a
copy
of
this
record.
•
The detainee is given the right to appeal to the OIC (or equivalent)
the conclusions and recommendations of any review conducted after
D
D
IZl
the detainee have remained in administrative segregation for seven
consecutive days.
Adminii I I I /ely segregated rletainee~ enjoy the same general
D
IZl
D
privilege~as rletainee" in the JLeneraJ n()nI11ati()n
The SMUis:
• Well ventilated;
The SMU facilities are well
D
D designed and maintained.
IZl
• Adequately lighted;
• Appropriately heated; and
• Maintained in a sani1fl:ry condition.
Beds are built into the masonry
All cells are equipped with beds.
IZl
D
D construction of the unit.
• Every bed is ~(;Wl\;:ay fastened to the floor or wall.

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 55 of69

SPECIAL MANAGEMENT UNIT (SMU)
(ADMINISTRATIVE SEGREGATION)
POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL
POPULATION. THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, HOUSES
.:;~:; ISOLATED FOR THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE
. MAN Ar"'''~lT UNITLUISC~ARY~Fr.RFr.A~" ST.ANnJ\RD).
COM"UN~NTS

The number of detainees in any cell does not exceed the occupancy
limit.
• When occupancy exceeds recommended capacity, do basic
living standards decline?
Do
criteria for objectively assessing living standards exist?
•
If
ye~
are the criteria included in the written
•
The segregated detainees have the same opportunities to
exchange/launder clothing, bedding, and linen as detainees in the
general population.
Detainees receive three nutritious meals per day, from the general
population's menu of the day.
• no detainees eat onlv with rl;~nM"t,le utensils?
• Is food ever used as pl.lnis:hment?
Each detainee maintains a normal level of personal hygiene in the
SMU.
• The detainees have the opportunity to shower and shave at
least three times a week.
If
not, exnlain.
•
The detainees are provided:
• Barbering services;
• Recreation privileges in accordance with the "Detainee
Recreation" standard;
Non-legal
reading material;
•
Religious
material;
•
• The same correspondence privileges as detainees in the
general population;
Telephone
access similar to that of the general population;
•
and
• Personal legal materiaL
A health care professional visits every detainee at least three times a
week.
• The shift supervisor visits each detainee daily.
• Weekends and holidays.
Procedures comply with the "Visitation" standard.
• The detainee retains visiting privileges; and
• The visiting room is available during normal visiting hours.
Visits from clergy are allowed.
Detainees have the same law-library access as the general population.
• Are they required to use the law library ~ Separately, or
DAs a group?
Are
legal materials brought to them?
•
The SMU mllintmns a permanent log of detainee-related activity,
visitors etc.
e.g, meals served, l'

YES

REMARKS

There was only one person
housed in the SMU at the time
of this review.

-<)

•

Facility policy precludes the use
of food as a disciplinary
"'U'''UVH.

Health care staff visits are
documented in the activities log.

Detainees in SMU may utilize
the law library.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 56 of69

SPC procedures include completing the SMU Housing Record (1888) immediately upon a detainee's placement in the SMU.
• Staff completes the form at the end of each shift.
• CDFs and !GSA facilities use Form 1-888 (or local

Staff record whether the detainee ate, showered, exercised, and took
any applicable medication during every shift.
• Staff logs record all pertinent information, e.g., a medical
condition, suicidal/assaultive behavior, etc;

individual's record during each visit; and
The housing officer initials the record when all detainee
services are
or at the end of the shift.
A new record is created for each week the detainee is in
Administrative Segregation.
• The weekly records are retained in the SMU until the
detainee's return to the

Detainee activities are
documented at regular intervals
during the "Well Being" checks
III

•

~ ACCEPTABLE

o DEFICIENT

o
OAT-RISK

o
o REPEAT FINDING

REMARKs:

the time of this review there was one local inmate housed in the SMU. The policies and supporting documentation comply with the
components of the Special Management Unit Standard.
b6,b7c

b6,b7c

oAUDITOR'S

•

1 -19-09
IGNATURE / DATE

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSlTIVE)
Page 57 of 69

SPECIAL MANAGEMENT UNIT
(DISCIPLINARY SEGREGATION)
POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE
GENERAL POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE
IFnATTON' THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS.
RRM"'Dll"~
n
NA
IT:S
YES
No
Officers placing detainees in disciplinary segregation follow written
D
D
~
procedures.
The sanctions for violations committed during one incident are
D
D
~
limited to 60 days.
A completed Disciplinary Segregation Order accompanies the
detainee into the SMU.
D
D
~
The detainee receives a copy of the order within 24 hours of
• 1'\J,
Ion
in c1isci nlinary ""')0;1
Standard procedures include reviewing the cases of individual
detainees housed in disciplinary detention at set intervals.
SMU cases are reviewed at 7
D
D
~
day
intervals.
After
each
formal
review,
the
detainee
receives
a
written
copy
•
of the decision and~uppUlllllg reasons.
£:.
Thp
IPnt in thp SMU are
ional to the
11
11
'''' of
L....J
L.J
IL:::.I
.j to protect ..1.
amount of control
and staff.
Detainees in disciplinary .""')o;1",)o;aL~ull have fewer privileges than
D
~
D
ion
those housed in administrative "")0;1
Living conditions in disciplinary SMUs remain the same regardless
of behavior.
D
D
• If no, does staff prepare written documentation for this ~
action?
• Does the ole sign to indicate Ul'pru val.
Every detainee in disciplinary segregation receives the same humane
D
~
D
treatment. rep-a- 'Hess of offense.
~e quarters used for segregation are:
•
Well-ventilated.
•
Adequately lighted.
D
D
~
• Appropriately heated.
• Maintained in a sanitary condition.

i
I

All cells are equipped with beds that are securely fastened to the
floor or wall of the cell.
The number of detainees confined to each cell or room is limited to
the number for which the space was designate.
• Does the ole approve excess occupancy on a temporary
basis?
When a detainee is segregated without clothing, mattress, blanket, or
pillow (in a dry cell setting), a justification is made and the decision
is reviewed each shift. Items are returned as soon as it is safe.
Detainees in the SMU have the same opportunities to exchange
clothinp-. hedclinl!. etc. as other detainees.
Detainees in the SMU receive three nutritious meals per day, selected
from the Food Service's menu ofthe day.
IPnt
• Food is not used as

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 58 of69
,

SPECIAL MANAGEMENT UNIT

:
tit

(DISCIPLINARY SEGREGATION)

EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE

"~,·.~":A.n,,L~ POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE

ATION; THE OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS.

Detainees are allowed to maintain a normal level of personal
hygiene, including the opportunity to shower and shave at least three
times/week.
Detainees receive, unless documented as a threat to security:
• Barbering services;
• Recreation privileges;
• Other-than-Iegal reading material;
• Religious material;
• The same correspondence privileges as other detainees; and
• Personal legal material.

When phone access is limited by number or type of calls, the
following areas are exempt:
• Calls about the detainee's immigration case or other legal
matters;
• Calls to consular/embassy officials; and
• Calls during family emergencies (as determined by the
OIC/Warden).
A health care professional visits every detainee in disciplinary
segregation every week day.
• The shift supervisor visits each segregated detainee daily
• Weekends and holidays.
~ detainees are allowed visitors, in accordance with the

~~t<lti(m' _stand~.

SMU detainees receive legal visits, as provided in the "Visitation"
standard.
• Legal service providers are notified of security concerns
arising before a visit.
Visits from clergy are allowed.
• The clergy member is given the option of visiting/not
visiting the segregated detainee.
• Violent/uncooperative detainees are denied access to
religious services when safety and security would otherwise
be affected.
SMU detainees have law library access.
• Violent/uncooperative detainees retain access to the law
library unless adjudicated a security threat in writing.
• Legal material brought to individuals in the SMU on a caseby-case basis.
• Staff documents every incident of denied access to the law
library.
All detainee-related activities are documented, e.g. meals served,
recreation activities, visitors, etc.
The SPC's, the Special Management Housing Unit Record (I-8880r
equivalent), is prepared as soon as the detainee is placed in the SMU.
• All I-888s are filled out by the end of each shift.
• The CDF/IGSA facility use Form.
• 1-888 (o~ui~t local form).

Detainees in disciplinary SMU
are allowed an hour of out-ofcell time per day. That time
may be spent in the library to
retrieve material and then they
are returned to the SMU
dayroom area. They are not
allowed access to the
gymnasium and telephone
access is only for legal calls.

Medical visits are conducted
daily and documented in the
unit activity log.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 59 of69

SMU staff record whether the detainee ate, showered, exercised, took
medication, etc.
• Details about the detainee logged, e.g., a medical condition,
suicidal/violent behavior, etc.
• The health care official sign individual records after each
visit.
• The housing officer initials the record when all detainee
services are completed or at the end of the shift.
• A new record is created weekly for each detainee in the
SMU.
• The SMU retains these records until the detainee leaves the
SMU.

This documentation is
maintained in the automated
information system.

o REPEAT FINDING

REMARKS:

At the time of this review there was one local inmate housed in disciplinary segregation. A review of the documell:tation and staff
interviews indicate c pliance with the components of the Special Management Unit Standard.
b6,b7c
b6,b7c

•

11-19-09

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 60 of 69

TOOL CONTROL
POLICY: IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL

. THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUfER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF
AND EQUIPMENT AND THE LOCATION IN WHICH TOOLS ARE STORED. THESE INVENTORIES SHALL BE CURRENT, FILED AND
-READILY AVAILABLE FOR TOOL INVENTORY AND ACCOUNTABILITY DURING AN AUDIT.
0
RFMARKS
IT~
NA
YES
No
There is an individual who is responsible for developing a tool control
Maintenance of the facility is a
responsibility of the Carver
procedure and an inspection system to insure accountability.
County Facilities Department.
D
D There are no general
~
maintenance tools maintained
on the premises.
Department heads are responsible for implementing this standard in
This component is covered in
D
D p~icy6906.
~
their departments.
Tool inventories are required for the:
Inventories are maintained in
• Maintenance Department;
food
service and the medical
• Medial Department;
,.--,
,.--,
.L
"""
I;ClOUV11, ~ VVI 111 ',,,,.uv•• "'''
LJ
LJ
ILJ
• Food Service Department;
responsibility of the Carver
• Electronics Shop;
County Facilities Department.
• Recreation Department; and
Annory.
•
The facility has a policy for the regular inventory of all tools.
The policy sets minimum time lines for physical inventory
D
D
~
and all necessary documentation.
• ICE facilities use AMIS bar code labels when '''''fUll'''''.
The facility has a tool classification system. Tools are classified
according to:
Tools are not maintained in the
D
D
~
facility.
• Restricted (dangerouslhazardous); and
Non-Restricted
(non
ldvus).
•
heads are responsible for implementing tool-control
(U'" LU'"

•

rI,

The facility has poli~jes and procedures in place to ensure that all tools
are marked and readily identifiable.
The facility has an approved tool storage system.
The system ensures that all stored tools are accountable .
• Commonly used tools (tools that can be mounted) are
stored in such a way that missing tool is readily notice.

•

N tools are maintained in the
facility.
Necessary inventory and
accounting procedures are
utilized in food service for
serving utensils and in the
medical section for medical
.1,

Each facility has procedures for the issuance of tools to staff and
detainees.
The facility has policies and procedures to address the issue of lost
tools. The policy and procedures include:
• Verbal and written notification;
• Procedures for detainee access; and
• Necessary documentation/review for all incidents of lost
tools.
Broken or worn out tools are surveyed and disposed of in an
i:1fJfJlVfJlic:lLC and secure manner.
All private or contract repairs and maintenance workers under contract
to ICE, or other visitors, submit an inventory of all tools prior to
admittance into or dtfJi:1lLUIC from the facility.
~ ACCEPT ABLE

D DEFICIENT

~
AT-RISK

Contractors and maintenance
workers are provided staff
escort while in the facility.

D REPEAT FINDING

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 61 of69

REMARKS:

Maintenance tools are not stored inside the facility. Maintenance and repair service is provided by the Carver County Facilities
Department. In areas where tools, implements, and equipment are utilized, notably food service and the medical section, effective
.ventory and accountability measures are in place.
b6,b7c

b6,b7c

11-19-09

oAUDITOR'S S GNATURE / DATE

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSrnVE)
Page 62 of69

TRANSPORTATION
(LAND TRANSPORTATION)
POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUfIONS TO PROTECT THE LIVES,
SAFETY, AND WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF
• ", ..no"
STANDARDS HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED
TRAINED DETENTION ENFORCEMENT OFFICERS OR AUfHORIZED CONTRACT PERSONNEL.

~ STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE
IN CONTROL OF THE DETAINEE CASE.
RF.MARKS
NA
YES
COM~~~"'~I~_
~O
Transporting officers comply with applicable local, state, and federal
motor vehicle laws and regulations. Records support this finding of
0
0
0
~ compliance.
Every transporting officer required to drive a commercial size bus has
a valid Commercial Driver's License (CDL) issued by the state of
0
0
0
empllJYlllclll.
[]
Sup"" vIsors mHintHin. records for each vehicle ()nPTlltor
1]
bI
Officers use a checklist during every vehicle inspection.
• Officers~ort deficiencies affecting oneml 'lnv: and
n
• Deficiencies are corrected before the vehicle goes back into
service.
Transporting officers:
• Limit driving time to 10 hours in any 15 hour period;
• Drive only after eight consecutive off-duty hours;
• Do not receive transportation assignments after having been
on duty, in any capacity, for 15 hours;
0
• Drive a 50-hour maximum in a given work week; a 70-hour 0
maximum during eight consecutive days;
• During emergency conditions (including bad weather),
officers may drive as long as necessary and safe to reach a
safe HTPH
--lil1!! the 10-hour limit.
officers with valid CDLs required in any bus transporting
detainees.
0
0
• When buses travel in tandem with detainees, there are two 0
qualified officers per vehicle.
lpanied driver may transport an empty vehicle.
• An
Before the start of each detail, the vehicle IS thoroughly searched.
LJ
lJ
lJ
Posi!ive !<lenl:+: ltion of all detainees being transported is confinnerl
LJ
LJ
U
All detainees
searched immediately prior to boarding the vehicle
0
0
0
by staff pontml1ina the bus or vehicle.
The facility ensures that the number of detainees transported does not
0
0
0
exceed the vehicles manufacturer's
'Y level.
vests are provided to all transporting officers.
L]
LJ
lJ
The vehicle crew conducts a visual count once all passengers are on
board and seated.
0
0
• Additional visual counts are made whenever the vehicle 0
makes a scheduled or unscheduled stop.
Policies and procedures are in place addressing the use of restraining
0
0
0
equinment on trHl1sportation vehicles.
Officers ensure that no one contacts the detainees.
0
0
• One officer remains in the vehicle at all times when detainees 0
are present.
Meals are provided during long distance transfers.
The meals meet the minimum dietary standards, as identified
0
0
0
~~ dieticians utilized by ICE .

~ ~,

•

FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE)
Page 63 of69

The vehicle crew inspects all Food Service pickups before accepting
delivery (food wrapping, portions, quality, quantity, thermos-transport
containers, etc.).
• Before accepting the meals, the vehicle crew raises and
resolves questions, concerns, or discrepancies with the Food
Service representative;
• Basins, latrines, and drinking-water containers/dispensers are
cleaned and sanitized on a fixed schedule.
Vehicles have:
• Two-way radios;
• Cellular telephones; and
• Equipment boxes stocked in accordance with the Use of
Force Standard.

following contingencies are included in the written procedures for

•
•
•
•
•
•
•
•
•
•
•

Escape
Hostage-taking
Detainee sickness
Detainee death
Vehicle fire
Riot
Traffic accident
Mechanical problems
Natural disasters
Severe weather
list includes women or minors

ACCEPTABLE

DEFICIENT

OAT-RISK

REPEAT FINDING

REMARKS:

b6,b7c
b6,b7c

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 64 of 69

USE OF FORCE
POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUfHORIZES THE USE OF FORCE ONLY AS A LAST ALTERNATIVE AFTER ALL
REASONABLE EFFORTS TO RESOLVE A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL
THE DETAINEE, TO PROTECT AND ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS, TO PREVENT SERIOUS PROPERTY DAMAGE
AND TO ENSURE INSTITUfION SECURITY AND GOOD ORDER MAY BE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF A
DETAINEE WHO APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE:

Written policy authorizes staff to
of-force situation without a
or direction.
When the detainee is in an area that is or can be isolated (e.g., a
locked cell, a range), posing no direct threat to the detainee or
others, officers must try to resolve the situation without
to force.
Written policy asserts that calculated rather than immediate use
of force is feasible in most cases.

Policy 6806 defines the criteria for
immediate use-of-force.

Staff training and practice meet the
requirements of this component.

This component is addressed in the initial
certification training of new employees
and
annual

Facility policies are very specific on how
physical force may be used.

when

The facility subscribes to the prescribed Confrontation
Avoidance Procedures.
and others confer before every calculated use of
force.
When a detainee must be forcibly moved and/or restrained, and
there is time for a calculated use of force, staff uses the Use-ofForce Team Technique.
• Under staff
Staff members are trained in the performance of the Use-ofForce Team Technique.

•
•
•
•

Do not use force as punishment;
Attempt to gain the detainee's voluntary
cooperation before resorting to force;
Use only as much force as necessary to control
the detainee; and
Use restraints only
nonverbal

Standard procedures associated with using four-point restraints
include:
•
Soft restraints (e.g., vinyl);
• Dressing the detainee appropriately for the
temperature;
• A bed, mattress, and blanket/sheet;
• Checking the detainee at least every 15 minutes;
• Logging each check;
• Turning the bed-restrained detainee often enough
to prevent soreness or stiffness;
• Medical evaluation of the restrained detainee
twice per eight-hour shift; and
When qualified medical staff is not immediately
staff
the detainee

Four-point restraints are not used in this
facility. When it is necessary to
immobilize a detainee in a controlled
situation, a restraint chair is utilized.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 65 of69

The shift supervisor monitors the detainee's position/condition
every two hours.
• He/she allows the detainee to use the rest room at
these times under
All detainee checks are logged.

D
D

In immediate-use-of-force situations, staff contacts medical
staff once the detainee is under control.
When the ole authorizes use of non-lethal weapons:
• Medical staff is consulted before staff use pepper
Medical staff reviews the detainee's medical file
before use of a non-lethal
is authorized.
Special precautions are taken when restraining pregnant
detainees.
are consulted
• Medical
Protective gear is worn when restraining detainees with open
cuts or wounds.
documents every use of force and/or non-routine
of restraints.
to review any use of force and the nonof restraints.
officers receive training in self-defense, confrontationVUIU,Ul\,;\;; techniques and the use of force to control detainees.
Specialized training is given and Officers are
certified in all devices
In other facilities
is this form or its
used?

D
D

Well being checks are entered in the unit

•

~ ACCEPTABLE

DDEFICIENT

AT-RISK

Protective equipment is maintained and
available.

Training for the use of electronic control
equipment is provided for all personnel
authorized to carry taser type devices.

D REPEAT FINDING

REMARKS:

Use of Force reports are properly completed and reviewed, but they are not maintained in a permanent file. Following the
administrative review, reports are only filed in individual detainee records .
b6,b7c
b6,b7c

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 66 of 69

Visiting staff observe and note current climate and conditions of
confinement at each IGSA.
ICE information request Forms are available at the IGSA for use by
ICE detainees.
The IGSA treats detainee correspondence to ICE staff as Special

o
o REPEAT FINDING

ICE detainees are notified in writing upon admission to the facility of
their right to correspond with ICE staff regarding their case or
conditions of confinement.
~ ACCEPTABLE

o DEFICIENT

OAT-RISK

REMARKs:

The LCI interviewed the ICE Deportation Officer and the Supervisory Deportation Officer and the requirements of this standard are
et.
•
b6,b7c

•

11-18-09

b6,b7c

D AUDITOR'S

IGNATURE / DATE

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 67 of 69

DETAINEE TRANSFER STANDARD
POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN A DETAINEE IS TRANSFERRED. IF A DETAINEE IS BEING TRANSFERRED
THE JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING
IlllilllliK TO TRANSFER A DETAINEE, ICE WILL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE
IMMIGRATION COURT. IN SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHIN THE REMOVAL
PROCESS, WHETHER THE DETAINEE'S ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE
THE IMMIGRATION COURT PROCEEDINGS ARE TAKING PLACE.
RFMARK"
No
NA
YES
COMlrvl'lJ!.l'Il"
When a detainee is represented by legal counsel or a legal
representative, and a G-28 has been filed, the representative of record
is notified by the detainee's Deportation Officer.
~
0
0
• The notification is recorded in the detainee's file; and
• When the A File is not available, notification is noted within
DACS
:-1':,
"II.:
ion includes the reason for the transfer and the location of the
0
0
~
new facility.
The U"'PUl LaUUH officer is allowea discretion regarding the timing of
LL
~.v

:.j:!.

.~t;""<T ~;r~,,~,~t~,... 'O~ ~ro

;,...",,1, .r!

The
and detainee are notified that it is their responsibility to
J!<ltify family members~c:uu~ a transfer.
Facility policy mandates that:
• Times and transfer plans are never discussed with the
detainee prior to transfer;
• The detainee is not notified of the transfer until immediately
prior to departing the facility; and
• The detainee is not permitted to make any phone calls or have
contact with any detainee in the general nonnlation
The detainee is provided with a completed Detainee Transfer
rotification Form.
G-391 or equivalent authorizing the removal of a detainee from
a facility is used.
For medical transfers:
• The Detainee Immigration Health Service (or IGSA) (DIHS)
Medical Director or designee approves the transfer;
• Medical transfers are coordinated through the local ICE
office; and
A
medical transfer summary is completed and accompanies
•
the detainee.
Detainees in ICE facilities having DIHS staff and medical care are
transferred with a completed transfer summary sheet in a sealed
envelope with the detainee's name and A-number, and the envelope is
marked Medical Confidential.
For medical transfers, transporting officers receive instructions
regard~g medical issues.
Detainee's funds, valuables, and property are returned and transferred
with the detainee to hislher new location.
Transfer and documentary procedures outlined in Section C and Dare
followed.
Meals are provided when transfers occur during normally schedule
meal times.
An A File or work folder accompanies the detainee when transferred
to a different field office or sub-office.
Files are forwarded to the receiving office via overnight mail no later
than one business day following the transfer.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 68 of69

REMARKS:

b6,b7c
b6,b7c

11-18-09

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Page 69 of69

Office ofDetention and Removal Operations

u.s. Department of Homeland Security
500 12th Street, SW
Washington, DC 20536

u.s. Immigration

and Customs
Enforcement

MEMORANDUM FOR:

FROM:

SUBJECT:

Scott R. Baniecke
Field Office Director
St. Paul Minnesota Field Office
11 _ _ 1\ t..----Robert P. Helwig ,~
Assistant Director for Detentio

CEC 1 1 2009

Carver County Jail Annual Review

The annual review of the Carver County Jail conducted on November 17-19,2009, in Chaska,
Minnesota has been received. A final rating of Acceptable has been assigned.
The G-324A worksheets provided by the Lead Compliance Inspector (LCI) indicated the
facility was deficient with the Detainee Grievance Procedures and Environmental Health and
Safety standards. A Plan of Action is required to address these deficiencies and the deficiencies
identified in Access to Medical Care.
The rating was based on the LCI Summary Memorandum and supporting documentation. The
Field Office Director must remedy the above deficiencies and initiate the following actions in
accordance with the Detention Management Control Program (DMCP):
1) The Field Office Director, Detention and Removal Operations, shall notify the facility
within five business days of receipt of this memorandum. Notification shall include
copies of the Form G-324A Detention Facility Review Form, the G-324A Worksheet,
LCI Summary Memorandum, and a copy of this memorandum.
2) The Field Office Director is responsible for ensuring that the facility responds to all
findings and a Plan of Action is submitted to the Review Authority (RA) within 30
days.
3) The RA will advise the Field Office Director once the Plan of Action is approved.
4) Once a Plan of Action is approved, the Field Office Director shall schedule a follow-up
on the above noted deficiencies within 90 days.

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

Carver County Jail Annual Review
Page 2 of2

The Field Office is responsible for assisting the Intergovernmental Service Agreement (IGSA)
facility to respond to the Immigration and Customs Enforcement findings when assistance is
requested. Notification to the facility shall include information that this assistance is available.
Should you or your staff have any questions regarding this matter, please contact
Gary Mead, Deputy Assistant Director, Detention Management Division at (202) 732cc: Official File
ICE:HQDRO:EAcuna:2-616912/08/2009
b2High

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

Disciplinary Self-Help Litigation Manual - Side