(b)(6)

(b)(6)

Facility Name: KENOSHA COUNTY DETENTION CENTER, KENOSHA, WISCONSIN
Date of Tour: July 13, 2006
Tour Participants: Latham & Watkins LLP attorneys and summer associates

rds are Detainee Services Standards unless otherwise indicated. Issues are generally listed in the order in which they appear in the Report.
Report comments in bold are priority issues for ICE-ABA discussion; others are issues of concern to discuss if time permits.

1.

2.

Standard 17, Visitation
ƒ III.B. Notification. The facility shall provide written
notification of visitation rules and hours in the detainee
handbook …. The facility shall also post these rules and
hours where detainees can easily see them.
Standard 17, Visitation
ƒ I. To maintain detainee morale and family relationships,
INS encourages visits from family and friends.
ƒ III.H. Visits shall be permitted during set hours on
Saturdays, Sundays, and holidays. … The facility’s
written rules shall specify time limits for visits: 30
minutes minimum, under normal conditions.
Standard 17, Visitation
ƒ III.I.2. Hours. On regular business days, legal visitations
may proceed through a scheduled meal period.

ƒ

None of the policies regarding legal visits is
contained in the Inmate Handbook. (p.4 ¶2)

Inmate
Handbook.

ƒ

Family visits are only permitted on one weekend
day—Sundays, for women. (p.5 ¶3)
Family visits last approximately 20 to 30 minutes
each. (p.5 ¶2)

Visitation
schedule and
Corporal

Corporal

Standard 16, Telephone Access
ƒ I. Facilities holding INS detainees shall permit them to
have reasonable and equitable access to telephones.
ƒ III.B. [T]he facility shall provide telephone access rules in
writing to each detainee upon admittance, and also shall
post these rules where detainees may easily see them.

ƒ

Legal visits may not take place during lunch. If
the legal visit is running into lunch, the attorney
will be asked to stop the interview and may return
after lunch to continue the visit. (p.3 ¶3)
The detainees are not given telephone access rules
in writing; however, the rules are posted in the
dorms. (p.7 ¶1)
Telephone calls are expensive, costing as much as or
more than $20 per phone call, making it difficult for
detainees to speak with their families. (p.7 ¶3)

Standard 16, Telephone Access
ƒ III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible. When
facility staff receives an emergency telephone call for a
detainee, the caller’s name and telephone number will be
obtained and given to the detainee as soon as possible.

ƒ

KCDC generally does not take messages for
detainees, though they do relay emergency
messages. (p.8 ¶3)

Corporal
.

ƒ

ƒ

ƒ

Corporal
and
delegation
observations.
Detainees
(b)(6), (b)(7)c
(b)(6), (b)(7)c

ABA Commission on Immigration - Detention Standards Implementation Initiative

ICE Response

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

5.

Source

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

4.

Delegation Report

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

3.

ICE Standard*

9/19/2006

1

ƒ

Standard 1, Access to Legal Material
ƒ III.K. The facility shall permit detainees to assist other
detainees in researching and preparing legal documents
upon request.

ƒ

ƒ
ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

Corporal
.

Inmate
Handbook;
Corporal

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

11. Standard 3, Correspondence and Other Mail
ƒ III.I. Postage Allowance. Indigent detainees will be
permitted to mail a reasonable amount of mail each week,
including at least five pieces of special correspondence
and three pieces of general correspondence.
ƒ III.J. The facility shall provide writing paper, writing
implements, and envelopes at no cost to detainees

ƒ

delegation
observations.
Corporal

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

ƒ

Although detainees housed in the same housing
unit may consult with each other about legal
matters, no more than one detainee may be in the
same room as the computer cart at any given time,
which prevents detainees from assisting each other
with legal research. (p.11 ¶2)
The Facility does not advertise when presentations
will take place. However, the Facility requires all
detainees to come to the introduction of the
presentation, and they can stay for the entire session.
(p.12 ¶2)
The Inmate Handbook states that “nonprivileged” outgoing correspondence will be
scanned and inspected, and that all outgoing mail
must be presented in an unsealed condition.
However, Facility staff say outgoing special
correspondence is not inspected. (p.14 ¶1)
Indigent detainees are only provided with three
stamps every fourteen days. (p.13 ¶2)
Supplies must be purchased from the commissary
by detainees. (p.13 ¶2)

Delegation
observations;
Corporal

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

Standard 9, Group Presentations on Legal Rights
ƒ III.C. Detainee Notification and Attendance. At least 48
hours before a scheduled presentation, informational
posters … shall be prominently displayed in the housing
units .…
10. Standard 3, Correspondence and Other Mail
ƒ III.F. Inspection of Outgoing Correspondence and Other
Mail. Outgoing special correspondence will not be
opened, inspected, or read.

9.

Hardbound legal materials are generally not
available, though detainees can request materials that
are not available on the computer. (p.10 ¶3)

Corporal
and
on
observations;
Detainee

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

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

ƒ

KCDC has no law library. Rather, it has a
computer cart with a computer that allows
detainees to access certain legal reference sources.
(p.9 ¶4) One detainee was not aware that there is
a computer with legal reference materials. (p.11
¶6)
One computer may be inadequate for the
population of 388 inmates, including 93 detainees,
even though detainees are given priority. (p.10 ¶5)

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

8.

ƒ

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

7.

Standard 1, Access to Legal Material
ƒ I. Facilities holding INS detainees shall permit detainees
access to a law library, and provide legal materials,
facilities, equipment, and document copying privileges,
and the opportunity to prepare legal documents.
ƒ III.B. Equipment. The law library shall provide an
adequate number of typewriters and/or computers … to
enable detainees to prepare documents for legal
proceedings.

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

6.

9/19/2006

2

ƒ

Women do not have access to outdoor recreation.
(p.15 ¶2)

Corporal

ƒ

Detainees in disciplinary segregation have one hour
every other day for recreation, and during this time
they are allowed to shower and take a walk. (p.16 ¶1)

Corporal

ƒ

An initial dental screening is not performed upon a
detainee’s arrival at the Facility. (p.17 ¶4)

Nurse

ƒ

The Inmate Handbook does not explain the
classification levels, the conditions and restrictions
associated with each classification level, or the
process by which a detainee can appeal his or her
classification level. (p.19 ¶3)

Inmate
Handbook.

ƒ

ICE detainees are not allowed to participate in the
Facility’s voluntary work program. (p.19 ¶5)

Corporal

ƒ

One detainee who speaks only Spanish stated that
there are no translation services, so he must get a
friend to speak with the dormitory officer on his
behalf. (p.21 ¶3)

Detainee

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

(b)(6)

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

ABA Commission on Immigration - Detention Standards Implementation Initiative

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

12. Standard 13, Recreation
ƒ III.A.1. Every effort shall be made to place a detainee in a
facility that provides outdoor recreation.
ƒ III.A.3. All new or renegotiated contracts and IGSAs will
stipulate that INS detainees have access to an outdoor
recreation area.
ƒ III.B.2. If only indoor recreation is available, detainees
shall have access for at least one hour each day and shall
have access to natural light.
13. Security and Control Standard 14, Special Management Unit
(Disciplinary Segregation)
ƒ III.D.13. Recreation shall be provided to detainees in
disciplinary segregation in accordance with the
“Recreation” standard. The standard provisions shall be
carried out, absent compelling security or other safety
reasons documented by the OIC.
14. Health Services Standard 2, Medical Care
ƒ III.E. Dental Treatment. An initial dental screening exam
should be performed within 14 days of the detainee’s
arrival.
15. Standard 4, Detainee Classification System
ƒ III.I. The detainee handbook’s section on classification
will include the following: 1. An explanation of the
classification levels with the conditions and restrictions
applicable to each. 2. The procedures by which a detainee
may appeal his/her classification.
16. Standard 18, Voluntary Work Program
ƒ I. Every facility with a work program will provide
detainees the opportunity to work and earn money.
17. Standard 5, Detainee Grievance Procedures
ƒ III.A.1. Informal/Oral Grievance. … The OIC will
establish procedures for detainees to orally present the
issue of concern informally …. Translating assistance
shall be provided upon request.
ƒ III.A.2. Formal/Written Grievance. The OIC must allow
the detainee to submit a formal, written grievance to the
facility’s grievance committee. … Illiterate, disabled, or
non-English speaking detainees shall be given the
opportunity to receive additional assistance upon request.

9/19/2006

3

ƒ

Detainees in disciplinary segregation are not
allowed family visits. (p.24 ¶4)

Corporal

ƒ

According to ICE staff, ICE visits the Facility every
Friday, and the day of the ICE visit is posted in the
dorm room. However, the delegation did not see
such a posting, and one detainee told the delegation
he is not aware that ICE visits every Friday. (p.26 ¶1)

Officers

There is no mention in the Inmate Handbook of
the procedures to submit questions or concerns to
ICE staff. (p.26 ¶3)

Inmate
Handbook.

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

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

delegation
observations;
Detainee
(b)(6), (b)(7)c

18. Security and Control Standards 14, Special Management Unit
(Disciplinary Segregation)
ƒ III.D.17. As a rule, a detainee retains visiting privileges
while in disciplinary segregation. The determining factor
is the reason for which the detainee is being disciplined.
19. Standard 15, Staff-Detainee Communication.
ƒ III.A.1. Policy and procedures shall be in place to ensure
and document that the ICE Officer in Charge (OIC), the
[AOIC] and designated department heads conduct regular
unannounced (not scheduled) visits to the facility’s living
and activity areas ….
ƒ III.A.2.b. The ICE Field Office Director shall devise a
written schedule and procedure for weekly detainee visits
by District ICE deportation staff.
20. Standard 15, Staff-Detainee Communication.
ƒ III.B. All detainees shall have the opportunity to submit
written questions, requests, or concerns to ICE staff ….
ƒ III.B.3. Detainee Handbook. The handbook shall state that
the detainee has the opportunity to submit written
questions, requests, or concerns to ICE staff and the
procedures for doing so ….

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

9/19/2006

4

ƒ

ƒ

There is nothing in the Inmate Handbook
regarding legal visitation, access to legal materials,
the rules regarding legal mail, information on the
classification system, or procedures for submitting
questions and concerns to ICE staff. (p.27 ¶2)
Detainees do not receive a copy of the Inmate
Handbook. (p.27 ¶1)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Inmate
Handbook.

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

21. Standard 6, Detainee Handbook
ƒ I. Every OIC will develop a site-specific detainee
handbook to serve as an overview of … the detention
policies, rules, and procedures in effect at the facility.
Every detainee will receive a copy of this handbook upon
admission to the facility.
Standard 17, Visitation
ƒ III.B. Notification. The facility shall provide written
notification of visitation rules and hours in the detainee
handbook ….
Standard 4, Detainee Classification System
ƒ III.I. The detainee handbook’s section on classification
will include the following: 1. An explanation of the
classification levels with the conditions and restrictions
applicable to each. 2. The procedures by which a detainee
may appeal his/her classification.
Standard 15, Staff-Detainee Communication.
ƒ III.B.3. Detainee Handbook. The handbook shall state that
the detainee has the opportunity to submit written
questions, requests, or concerns to ICE staff and the
procedures for doing so ….

Corporal

9/19/2006

5

Sears Tower, Suite 5800
233 S. Wacker Dr.
Chicago, Illinois 60606
Tel: (312) 876-7700 Fax: (312) 993-9767
www.lw.com
FIRM / AFFILIATE OFFICES
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MEMORANDUM

Moscow

Tokyo

August 9, 2006

New Jersey

Washington, D.C.

To:
From:
Copies to:
Subject:

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Kenosha County Detention Center1
(b)(6)
, Associate Director, ABA Commission on Immigration
Report on Observational Tour of the Kenosha County Detention Center, Kenosha,
Wisconsin

This memorandum summarizes and evaluates information gathered at Kenosha
County Detention Center (“KCDC” or “the Facility”) in Kenosha, Wisconsin, during the
delegation’s July 13, 2006 visit to the Facility. The information was gathered via observation of
the Facility by the delegation, interviews with three detainees, and discussions with KCDC and
Immigration and Customs Enforcement (“ICE”) personnel.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (INS),2
promulgated the “INS Detention Standards” to ensure the “safe, secure and humane treatment”
of immigration detainees. The thirty-eight Standards contained in the Detention Operations
Manual cover a broad spectrum of issues ranging from visitation policies to grievance
procedures and food service. These Standards apply to ICE-operated detention centers and other
facilities that house immigration detainees pursuant to a contract or intergovernmental service
agreement (“IGSA”).
The Detention Standards (the “Standards”) went into effect at ICE-operated
detention facilities on January 1, 2001. ICE intended to phase in the Standards at all of its
contract and IGSA facilities by December 31, 2002. The Standards constitute a “floor” rather
than a “ceiling” for the treatment of immigration detainees. In other words, they are designed to
establish the minimum requirements to which ICE must adhere in its facilities. Each Field
1

The delegation was comprised of attorneys and summer associates from the Chicago office of Latham & Watkins
LLP, including
(b)(6)
Rabkin.
2
Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’ immigration
enforcement functions were transferred to Immigration and Customs Enforcement (“ICE”), a division of the newlycreated Department of Homeland Security (“DHS”).

Office or Officer-in-Charge has discretion to promulgate polices and practices affording ICE
detainees more enhanced rights and protections, beyond those provided for by the Standards.
II.

INTRODUCTION
A.

The Delegation’s July 13th Visit

On Thursday, July 13, 2006, the members of our delegation met with several
members of KCDC’s staff and two representatives from ICE. Corporal (b)(6), (b)(7)c
Lieutenant
(b)(6), (b)(7)c
(b)(6), (b)(7)c
and Deportation Officers
led our delegation on
a tour of the facilities. The delegation also met with other KCDC personnel along the tour. The
delegation appreciates the cooperation of these individuals. They were direct and
accommodating during our tour of the Facility and in response to post-tour requests for
additional information.
Our report is based on the discussions we had with these KCDC and ICE
employees, as well as observations of the Facility and interviews with three immigration
detainees. In many instances, the detainees’ reports were compatible with statements made by
Facility personnel and/or our observations. In such cases, the delegation was able to more
accurately determine whether KCDC policy and procedures successfully met the Standards.
B.

General Information About the Kenosha County Detention Center

The Kenosha County Detention Center houses federal immigration detainees
according to an intergovernmental service agreement (“IGSA”) with ICE. According to KCDC
personnel, the Facility has the capacity to hold over 400 individuals, with a current population of
388, of which 93 are immigration detainees.3
KCDC houses mostly men. At the time of our visit the Facility personnel estimated
that there were four women immigration detainees housed there.4 Further, the Facility personnel
said that the Facility housed immigration detainees from many different countries, but the
majority were from Mexico.5
III.

IMPLEMENATION OF LEGAL ACCESS STANDARDS
A.

Legal Access/Visitation
1.

Visitation by Attorneys

The Standards require facilities permit legal visitation seven days per week.6
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend and on holidays and may proceed through meals on regular business

3

Notes of delegation member
, on conversation with Corporal
Notes of delegation member
, , on conversation with Corpora (b)(6), (b)(7)c.
(b)(6)
5
Notes of delegation member
, on conversation with Corporal
6
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
4

2

days.7 The visits must be private, and should not be interrupted for head counts.8 Facilities
should establish a procedure by which attorneys may call to determine whether a detainee is
housed in a particular facility.9 Detention centers should permit visits from attorneys, other legal
representatives, legal assistants, and interpreters.10 The detainee handbook should contain
visitation rules and hours.11
KCDC substantially meets this section of the Standards, but attorney visits
are interrupted for meals, and the Inmate Handbook does not address legal visits.
Attorneys may visit detainees seven days per week, and legal visiting is available eight hours per
day.12 Legal visitation hours are from 8:30 a.m. to 11 a.m., 1 p.m. to 4 p.m., and 6 p.m. to 8:30
p.m.13 Legal visits are “contact” and take place in attorney visiting rooms.14 Attorney visits are
private, unless the attorney requests that an officer be present in the room during the visit.15
Legal visits can be visually monitored by facility staff through the glass walls of the visitation
rooms; there is no audio overhear ability and legal visits are not recorded.16 Inmates are subject
to random pat-down searches following attorney visits.17
There are no limits on the length of time that a lawyer may visit with a detainee;
however, legal visits may not take place during lunch.18 If the legal visit is running into lunch,
the attorney will be asked to stop the interview and may return after lunch to continue the visit.19
Legal visits are not disturbed for head counts, and arrangements are made to count detainees who
are in attorney visits.20 Legal representatives, legal assistants and interpreters may also visit
detainees, as long as a letter is sent in advance on formal letterhead so the institution can verify
the visitor prior to their arrival.21
Attorneys may also have telephone conferences with their clients.22 In order to
set up a legal telephone call, the attorney must request one at least 24 hours in advance, although
exceptions are made in emergencies.23 These legal phone calls are not monitored.24
7

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
9
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.
10
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.
11
Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
12
Notes of delegation member
on observation of legal visiting schedule and conversation with
(b)(6)
Corporal (b)(6), (b)(7)c
13
Notes of delegation member
on observation on observation of legal visitation schedule and
(b)(6)
conversation with Corporal (b)(6), (b)(7)c
14
Notes of delegation member
on observation and conversation with Corporal
15
(b)(6), (b)(7)c
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
16
Notes of delegation member
on observation and conversation with Corporal
17
Notes of delegation member
on conversation with Corporal
18
Notes of delegation member
on conversation with Corporal
(b)(6)
19
Notes of delegation member
on conversation with Corporal
20
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
21
Notes of delegation member
on conversation with Corporal
22
Notes of delegation member
on conversation with Corporal
23
Notes of delegation member
on conversation with Corporal
8

3

Attorneys may call KCDC’s main number to find out if their client is housed at
the facility.25 KCDC will inform the attorney whether their client is being held at the institution,
but may not provide any additional information about the detainee over the phone.26 Attorneys
visiting detainees are required to show a bar card to enter the institution.27 Attorneys are not
searched before or after legal visits, but must pass through a metal detector upon entering the
facility.28
None of the policies governing legal visits is contained in the Inmate Handbook.29
However, the legal visiting hours are posted clearly in the main lobby of the institution.30
Inmates in administrative and disciplinary segregation are allowed legal visits.31
2.

Visitation by Family and Friends

The Standards suggest that facilities establish written visitation hours and
procedures, and make them available to the public.32 This includes procedures for handling
incoming money for detainees.33 The visiting area is to be “appropriately furnished and
arranged, and as comfortable and pleasant as practicable.”34 Visiting hours shall be set on
Saturdays, Sundays, and holidays, and the Standards encourage facilities to accommodate
visitors at other times when they are facing a particular hardship.35 Visits should be at least 30
minutes long, and longer when possible.36 If a facility does not provide for visits from minors,
ICE should arrange for visits with children or stepchildren within the detainee’s first 30 days at
the facility, with continuing monthly visits.37 Visits should be granted to detainees in both
disciplinary and administrative segregation unless a detainee violates the visitation rules or
threatens the security of the visitation room.38
KCDC substantially meets this section of the Standards. However, visits are
generally for only 20 to 30 minutes, are only permitted one day per week, and are only
permitted on one weekend day (Sundays for women). The visitation schedule and policies are
clearly posted in the main lobby of the institution39 and are available over the telephone.40 For
24

Notes of delegation member
on conversation with Corporal
Notes of delegation member
on conversation with Corporal
26
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
(b)(6)
27
Notes of delegation member
on conversation with Corporal
28
Notes of delegation member
on conversation with Corporal
29
Kenosha County Detention Center Inmate Handbook [hereinafter Inmate Handbook], p. 3.
30
(b)(6)
Observations of delegation member
31
(b)(6)
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
32
Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.
33
Detention Operations Manual, Detainee Services, Standard 17, Section III.D.
34
Detention Operations Manual, Detainee Services, Standard 17, Section III.G.
35
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
36
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
37
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.
38
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.
39
(b)(6)
Observations of delegation member
40
Notes of delegation member
on telephone call to (262) (b)(6)
(b)(6)
25

4

men, visiting hours are from 6 p.m.–8 p.m. on Tuesday through Saturday, and from 8 a.m.–11
a.m. on Sunday.41 For women, the visiting hours are from 6 p.m.–8 p.m. on Monday and from 1
p.m.–3 p.m. on Sunday.42
The information in the Inmate Handbook differs from the information that the
Facility staff provided during the tour.43 The Inmate Handbook explains that “[g]eneral visiting
will be conducted at regular intervals during the week…. A standard visit will be 30 minutes.
Duration and frequency of visits may be limited to accommodate inmate populations.”44
Similarly, the visitation schedule posted in the lobby states that family visits may be up to 30
minutes.45 However, facility staff informed the delegation that detainees are only allowed one
family visit a week, and these family visits last approximately 20 to 30 minutes each.46
The restrictions on family visitation allowing for only one visit per week lasting
between 20 to 30 minutes, and only allowing family visits on one weekend day, Sundays, for
women, does not comply with the Standards.47 The Standards specifically encourage detention
facilities to provide visiting hours on both days of the weekend where practicable.48
Additionally, the Standards specify that family visits be 30 minutes at the minimum, and
encourage longer visits where possible.49
All family visits are “non-contact” and take place in small cubicles with
plexiglass dividers that separate the detainee from their visitors.50 The family visiting area is not
particularly comfortable or pleasant, as required by the Standards.51 Minors may visit detainees
as long as they are accompanied by an adult.52 Family visitors are not searched, but are required
to pass through a metal detector upon entering the facility.53 All inmates are pat-searched
following family visits.54

41

Notes of delegation member

(b)(6)

on observation of visiting schedule and conversation with Corporal

(b)(6)

on observation of visiting schedule and conversation with Corporal

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

42

Notes of delegation member

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

43

(b)(6)
Inmate Handbook, p. 3; notes of delegation member
on observation of visiting schedule and
conversation with Corporal (b)(6), (b)(7)c
44
Inmate Handbook, p. 3.
45
Notes of delegation member
on observation of visitation schedule.
46
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
(b)(6)
47
Notes of delegation member
on observation of visitation schedule and conversation with Corporal
(b)(6), (b)(7)c

48

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
50
(b)(6)
Notes of delegation member
, on observation of visiting schedule and conversation with Corporal
49

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

51

Observations of delegation member
Notes of delegation member
53
(b)(6)
Notes of delegation member
54
Notes of delegation member
52

(b)(6)

on conversation with Corporal
on conversation with Corporal
on conversation with Corporal

5

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

Inmates are informed of the visiting procedures in an orientation videotape, and a
visitation schedule is also posted on each unit.55 Inmates do not need to create a list of visitors in
order to receive family visits.56 Inmates in short term disciplinary segregation do not receive
family visits.57 The staff determines whether inmates in longer term disciplinary segregation are
allowed family visits on a case-by-case basis.58
Visitors may leave money for a detainee at the facility or send money to the
detainee through the mail.59 Only cash and money orders will be accepted; personal checks will
be considered contraband and placed in the inmate’s stored personal property.60 Inmates receive
a receipt for all money placed in their commissary accounts.61
B.

Telephone Access
1.

General Requirements

The policy behind the telephone access standard is that all ICE detainees should
have “reasonable and equitable access” to telephones.62 The Standards suggest that detention
facilities should have one working phone per twenty-five inmates.63 In order to ensure access,
the telephones should be kept in working order and inspected regularly by Facility staff.64 Each
detainee should also be informed in writing of the telephone access rules upon admittance, and
the rules should be posted in the dorms.65
KCDC substantially meets this section of the Standards, although detainees are
not given telephone access rules when they are admitted. There are 6 to 8 telephones in each
of the housing units which hold up to 64 detainees per unit.66 This exceeds the ratio
recommended by the Standards. It was not clear whether the phones are inspected regularly;
however, the phones appeared to all be in working order.67 In addition, several were tested and
were working.68 The phones are available to the detainees during waking hours when the
detainees are in the dorms, and the detainees do not have to ask permission to use the phones.69

55

Notes of delegation member
on conversation with Corporal
Notes of delegation member
on conversation with Corporal
57
(b)(6)
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
58
Notes of delegation member
on conversation with Corporal
59
Notes of delegation member
on conversation with Corporal
60
Inmate Handbook, p. 1; Notes of delegation member
on conversation with Corporal
(b)(6)
(b)(6), (b)(7)c
61
Inmate Handbook, p. 1; Notes of delegation member
on conversation with Corporal
62
Detention Operations Manual, Detainee Services, Standard 16, Section I.
63
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
64
Detention Operations Manual, Detainee Services, Standard 16, Section III.D.
65
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.
66
Notes of delegation member
on observation and conversation with Corporal (b)(6), (b)(7)c
(b)(6)
67
Observations of delegation member
(b)(6)
68
Observations of delegation member
69
(b)(6)
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
56

6

The detainees appear to have access to the phones as recommended by the Standards. Detainees
are not given the telephone access rules in writing, but the rules are posted in the dorms.70
2.

Direct vs. Collect Calls

Although the Facility may generally limit detainees to making collect calls, in
certain situations detainees should have the opportunity to make direct calls.71 Specifically,
detainees should be able to make direct calls to the local immigration court, to Federal and state
courts, to consular officials, legal service providers and to government offices.72 In addition,
detainees should be allowed to make direct calls in case of a personal or family emergency.73
The facility should enable the detainees to make calls to free legal service providers and
consulates at no charge to either party.74
KCDC appears to meet this section of the Standards, but calls are expensive.
Generally detainees may make only collect calls from the phones in the dorms.75 The phones do
have pre-programmed numbers to the consulate and to local pro bono legal representatives which
the detainees may use free of charge.76 It was not clear when or if the detainees are allowed to
make direct calls. Detainee (b)(6), (b)(7)c stated that he makes collect calls to both his attorney and to
his wife.77 Detainee (b)(6), (b)(7)c stated that phone calls cost a lot of money and it is very expensive
for him to talk to his wife in Chicago.78 This sentiment was reiterated by the other detainees
interviewed, who both said it cost upwards of $20 a phone call, which makes it difficult to talk to
their families.79
4.

Privacy for Telephone Calls on Legal Matters

Detainees should have privacy to use the phone for legal matters,80 and while most
calls may be monitored, detainees should have the option to have legal phone calls which are not
monitored.81 Detainees should be informed that their calls are being monitored.82
KCDC meets this section of the Standards. Detainees are informed that their
calls are being monitored by a recording which plays at the beginning of each phone call.83 The
70

Notes of delegation member
on observation and conversation with Corporal (b)(6), (b)(7)c
(b)(6)
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
72
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.1-5.
73
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.6.
74
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
75
Notes of delegation member
on conversation with Corporal
(b)(6), (b)(7)c
76
Notes of delegation member
on conversation with Corporal
(b)(6)
77
Notes of delegation member
on interview with detainee
(b)(6), (b)(7)c
78
Notes of delegation member
on interview with detainee
79
(b)(6)
Notes of delegation members
on conversations with detainees (b)(6), (b)(7)c
71

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

Detention Operations Manual, Detainee Services, Standard 16, Section III.J.
81
Detention Operations Manual, Detainee Services, Standard 16, Section III.K.
82
Detention Operations Manual, Detainee Services, Standard 16, Section III.K.
83
(b)(6)
Notes of delegation member
on conversation with Corporal

7

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

monitoring can be switched off, however, for legal phone calls.84 The phones are not very
private, in that they are located in the middle of the dormitory.85 Detainees can request to have a
private phone call with their attorney, and a private phone call may also be requested by the
attorney.86 To request a private phone call, the attorney has to fax a request to the Facility 24
hours before the requested call, and the officers will then set up the call in a private room.87
5.

Incoming Calls and Messages

The Standards require that facilities take messages for detainees, and deliver the
messages as promptly as possible.88 Emergency messages should be delivered to the detainee
immediately and should include the caller’s name and telephone number. The detainee should
be permitted to return an emergency call as soon as possible.89
KCDC has not met this section of the Standards. KCDC does not generally
take messages for the detainees.90 If an emergency call comes in, the officer on duty will take
down the caller’s name and phone number, as well as the details of the emergency, such as a
hospital where a family member is located.91 The officer will then verify the details of the
emergency, if possible, by calling the hospital to confirm.92 If the emergency is verified, the
officer will then pass along the message to the clergy located in the Facility.93 The clergy will
then meet with the detainee and deliver the message in person.94 The facility also does not
generally take or deliver messages from attorneys, unless the attorney informs them that it is an
emergency situation, in which case the above procedure will be followed.95 They will, however,
agree to set up a conference call between the attorney and the detainee if the attorney so
requests.96
C.

Access to Legal Materials.

All facilities with detainees “shall permit detainees access to a law library, and
provide legal materials, facilities, equipment and document copying privileges, and the
opportunity to prepare legal documents.”97

84

(b)(6)
Notes of delegation member
on conversation with Corporal
Observations of delegation member
(b)(6)
86
Notes of delegation member
on conversation with Corporal
(b)(6)
87
Notes of delegation member
on conversation with Corporal
88
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
89
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
90
Notes of delegation member
on conversation with Corporal
91
Notes of delegation member
on conversation with Corporal
92
Notes of delegation member
on conversation with Corporal
93
Notes of delegation member
on conversation with Corporal
(b)(6)
94
Notes of delegation member
on conversation with Corporal
95
Notes of delegation member
on conversation with Corporal
96
Notes of delegation member
on conversation with Corporal
97
Detention Operations Manual, Detainee Services, Standard 1, Section I.

85

8

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

KCDC has not met most of the sections of the Standards regarding access to
library and legal materials.
1.

Access to the Library

The Standards require that each facility “shall provide a law library in a designated
room with sufficient space to facilitate detainees’ legal research and writing,” and that “the
library shall be large enough to provide reasonable access to all detainees who request its use.”98
The Standards further suggest that the library “shall contain a sufficient number of tables and
chairs in a well-lit room.”99
The Standards suggest that each facility shall have a flexible schedule for law
library use that permits all detainees, regardless of housing or classification, to use the law
library on a regular basis.100 Each detainee shall be permitted to use the law library for a
minimum of five hours per week.101
KCDC has not met this section of the Standards. KCDC has no law library102.
KCDC has a computer cart which contains a desktop PC and a printer.103 The computer allows
detainees to access certain legal reference sources through Loislaw.104 The computer cart has
wheels, which allows it to be moved between rooms, and the cart is often placed in a
multipurpose room.105 The multipurpose rooms contain tables, chairs, and sufficient lighting, but
no books or legal references other than those materials accessible on the computer.106
The computer cart is generally accessible in one of the multipurpose rooms for
detainees between the hours of 9:00 a.m. and 11:00 a.m. each morning and between 7:00 p.m.
and 9:00 p.m. each evening, a total of four hours per day or twenty-eight hours per week.107
There is only one computer cart, however, which limits use of the computer to one person at a
given time.108 The same computer cart is shared between ICE detainees and individuals who are
being held in custody on behalf of Kenosha County authorities, with ICE detainees having
priority over its use.109
Detainee(b)(6), (b)(7)cstated that he was never informed by the Facility staff of the
computer cart.110 He indicated that he learned about it from another detainee.111 In the short98

Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
100
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
101
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
102
Notes of delegation member
on conversation with Corporal
103
Notes of delegation member
on conversation with Corporal
and observations.
104
Notes of delegation member
on conversation with Corporal
and observations.
105
Notes of delegation member
on conversation with Corporal
and observations.
(b)(6), (b)(7)c
(b)(6)
106
Notes of delegation member
on conversation with Corporal
and observations.
107
Notes of delegation member
on conversation with Corporal
108
Notes of delegation member
on conversation with Corporal
and observations.
109
Notes of delegation member
on conversation with Corporal
110
Notes of delegation member
on conversation with detaine
(b)(6)
(b)(6)
111
Notes of delegation member
on conversation with detainee
99

9

term, until a law library can be instituted, the delegation suggests that detainees be told upon
arrival of the availability of the computer cart for legal research.
2.

Materials Identified in the Detention Standards

The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials.112 These materials must be updated
regularly, and information must be added on significant regulatory and statutory changes
regarding detention and deportation of aliens in a timely manner.113 Damaged or stolen materials
must be promptly replaced.114
It is unclear whether KCDC meets this section of the Standards. KCDC
provides its immigration detainees with access to Loislaw through the computer on the mobile
computer cart, but hardbound legal resources are generally not available.115 While Loislaw
provides access to numerous legal materials, as well as current statutory and regulatory
information, it is unclear whether most of the secondary resources listed as required by
Attachment A to the chapter on Access to Legal Materials are available through Loislaw on
KCDC’s mobile computer cart.116 A copy of Black’s Law Dictionary is available to detainees
upon request.117 Detainees can request additional materials that are not available on the
computer by submitting a request to KCDC’s Accounting Specialist.118
3.

Computer Access, Equipment and Holdings

The Standards require that facility law libraries provide an adequate number of
typewriters and/or computers, writing implements, paper, and office supplies to enable detainees
to prepare documents for legal proceedings.119
KCDC substantially meets this section of the Standards, although one computer
may be inadequate for the population of 388 inmates, including 93 detainees, even though
detainees are given priority.120 In addition to the computer cart, KCDC provides detainees
with access to writing implements, paper, and other office supplies to enable detainees to prepare
documents for legal proceedings.121 Unless a detainee is classified by the facility as indigent, he
or she must pay for these supplies.122

112

Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
114
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
115
(b)(6)
Notes of delegation member
on conversation with Corporal
and observations.
116
(b)(6)
Observations of delegation member
117
Notes of delegation member
on conversation with Corporal
(b)(6)
118
(b)(6)
Observations of delegation member
(b)(6), (b)(7)c
119
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
120
See supra Sections II.B and C.1.
121
Notes of delegation member
on conversation with Corporal
(b)(6)
122
Notes of delegation member
on conversation with Corporal
113

10

4.

Assistance from Other Detainees

The Standards require that each facility permit detainees to assist other detainees in
researching and preparing legal documents upon request, except when such assistance poses a
security risk.123
Detainees at KCDC are unable to assist each other with legal research. Corporal
indicated that detainees housed in the same unit are free to consult with each other
regarding legal matters.124 However, no more than one detainee may be in the same room as the
computer cart at any given time, due to security concerns—a policy which prevents detainees
from actively assisting other detainees with legal research.125 We recommend that this policy be
reevaluated in order to permit assistance when possible.
(b)(6), (b)(7)c

5.

Photocopies

The Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee.126 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records.127 Facility personnel may not read
a document that on its face is clearly related to a legal proceeding involving the detainee.128
KCDC meets this section of the Standards. Detainees at KCDC may make
photocopies for twenty-five cents per copy.129 Detainees classified as indigent may obtain
photocopies of essential legal documents for free.130
D.

Group Rights Presentations

The Standards provide that facilities holding ICE detainees “shall permit
authorized persons to make presentations to groups of detainees for the purpose of informing
them of U.S. immigration law and procedures, consistent with the security and orderly operation
of each facility.”131 Informational posters are to be properly displayed in the housing units at
least forty-eight hours in advance of a scheduled presentation.132 While presentations are open to
all detainees, the facility “may limit the number of detainees at a single session.”133 “The facility
shall select and provide an environment conducive to the presentation, consistent with

123

Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
Notes of delegation member
on conversation with Corporal
(b)(6)
125
Notes of delegation member
on conversation with Corporal
126
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
127
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
128
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
129
Notes of delegation member
on conversation with Corporal
(b)(6)
130
Notes of delegation member
on conversation with Corporal
131
Detention Operations Manual, Detainee Services, Standard 9, Section I.
132
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
133
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
124

11

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

security.”134 In addition, detainees shall have regular opportunities to view an “INS-approved
videotaped presentation on legal rights.”135
The Facility substantially meets this section of the Standards. Detainees are
not notified in advance of presentations, but this does not appear to interfere with their
participation. According to Facility personnel, there are no restrictions on group rights
presentations.136 The Facility’s personnel informed us that The Midwest Immigrant and Human
Rights Center (MIHRC) comes approximately once every six months to conduct oral
presentations to detainees about the U.S. legal system.137 The presentations occur in the indoor
gymnasium, which is conducive to effective presentations since it is a spacious, well-lit
environment that can accommodate a large group.138 Although the facility does not advertise
when presentations will take place, the Facility requires all detainees to come to the introduction
of the presentation, at which time they can decide if they want to stay for the entire session.139
The presentations are open to all detainees including those in segregation.140 At the
presentations, MIHRC sets up three tables at opposite sides of the gymnasium in order to divide
the instructional session into English, Spanish and Chinese.141 Facility personnel informed us
that the presentations usually take 3.5 hours and individual detainees have an opportunity to
speak with the presenters.142
Furthermore, the “Know Your Rights” video is aired on the television inside the
dormitories every Monday.143 The “Know Your Rights” video is played in both English and
Spanish.144
IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Correspondence and Other Mail

The Standards suggest that all facilities “ensure that detainees send and receive
correspondence in a timely manner.”145 Detainees should be made aware of the policies
concerning mail and other correspondence in the detainee handbook and posted in the facility.146
Facilities should not limit the amount of mail a detainee may sent out at his own expense.147
134

Detention Operations Manual, Detainee Services, Standard 9, III.E.
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
136
Notes of delegation member
on conversation with Corporal
137
Notes of delegation member
on conversation with Lieutena
138
Notes of delegation member
on conversation with Corporal
139
Notes of delegation member
on conversation with Corporal
(b)(6)
140
Notes of delegation member
on conversation with Corporal
141
Notes of delegation member
on conversation with Corporal
142
Notes of delegation member
on conversation with Corporal
143
Notes of delegation member
on conversation with Corporal
135

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

(b)(6)

144

(b)(6)
Notes of delegation member
on conversation with Corporal
Detention Operations Manual, Detainee Services, Standard 3, Section I.
146
Detention Operations Manual, Detainee Services, Standard 3, Section I and III.B.
147
Detention Operations Manual, Detainee Services, Standard 3, Section III.A.

145

12

d Detainee

(b)(6)

Indigent detainees should be allowed to mail, at government expense, a reasonable amount of
mail, defined in the Standards as five pieces of special correspondence and three pieces of
personal correspondence each week.148 In addition, the facility shall provide writing paper,
writing implements and envelopes at no cost to detainees.149 The facility should have in place
policies concerning acceptance of packages.150
KCDC does not fully meet this section of the Standards: detainees must
purchase supplies, and indigent detainees do not receive adequate stamps. Correspondence
is sent out and received in a timely manner by detainees.151 Mail is date stamped when it arrives
at the facility and is delivered in the dorms each evening.152 Detainees are not allowed to receive
packages.153 The Inmate Handbook clearly explains what the detainees are and are not allowed
to receive.154 Supplies must be purchased by detainees from the facility commissary.155 Indigent
detainees are provided with paper and pens, but they are only provided with three stamps every
fourteen days.156 The staff stated that sometimes if indigent detainees need more supplies or
stamps, they ask the members of the clergy who work at the facility who sometimes have extra
supplies.157 There is no limit to the amount of mail which detainees may send out at their own
expense.158 There is also no limit on the amount of special correspondence which indigent
detainees may send out.159
1.

Inspection of mail

The Standards suggest that each facility develop its own policies regarding the
inspection of incoming mail to search for contraband.160 Special correspondence mail may be
physically inspected for contraband in the presence of the detainee, but cannot be read by facility
staff.161 The Standards recommend that any such inspection of special correspondence be in the
presence of the detainee.162 Outgoing general correspondence may be inspected only if the
addressee is another inmate or if there is reason to believe that such mail may present a threat to
the facility.163 Outgoing legal correspondence may not be opened or inspected.164
148

Detention Operations Manual, Detainee Services, Standard 3, Section III.I.
Detention Operations Manual, Detainee Services, Standard 3, Section III.J.
150
Detention Operations Manual, Detainee Services, Standard 3, Section III.D.
151
Notes of delegation member
on conversation with Corporal
(b)(6), (b)(7)c
(b)(6)
152
Notes of delegation member
on conversation with Corporal
153
Inmate Handbook, p. 1.
154
Inmate Handbook, p. 1-2 (informing detainees that unauthorized content or contraband will not be accepted and
clearly defining what is unauthorized content).
155
Notes of delegation member
on conversation with Corporal
and interview with
detainee (b)(6), (b)(7)c
156
Notes of delegation member
on conversation with Corporal
(b)(6), (b)(7)c
(b)(6)
157
Notes of delegation member
on conversation with Corporal
158
Notes of delegation member
on conversation with Corporal
159
Notes of delegation member
on conversation with Corporal
160
Detention Operations Manual, Detainee Services, Standard 3, Section III.E.1.
161
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
162
Detention Operations Manual, Detainee Services, Standard 3, Section III.E.2.
163
Detention Operations Manual, Detainee Services, Standard 3, Section III.F.1.
149

13

It is unclear whether KCDC meets this section of the Standards: facility staff
indicated that they follow the Standards, but information provided in the Handbook
partially conflicts with that provided by facility staff. The Inmate Handbook states the policy
regarding inspection of mail. The handbook states that “KCDC officers will scan and inspect all
non-privileged, incoming and outgoing correspondence.”165 The handbook does not define
privileged or non-privileged mail. The handbook also says that all outgoing mail must be
presented in an unsealed condition, and that “outgoing and incoming mail will be scanned for
unauthorized content and inspected for contraband.”166 Facility staff said that only outgoing mail
which is addressed to another inmate is inspected.167 Facility staff said that incoming special
correspondence mail is scanned only for physical contraband, and that outgoing special
correspondence is not inspected.168
2.

Contraband

The Standards state that “incoming and outgoing general correspondence and other
mail may be rejected…to protect the security, good order, or discipline of the institution; to
protect the public; or to deter criminal activity.”169 Policies should be put in place to inform the
detainees of the policy regarding the rejection of incoming or outgoing mail.170 Detainees should
be informed when mail is rejected and contraband is withheld, and a log should be made
reflecting the contraband received and what was done with it.171
KCDC meets this section of the Standards. The Inmate Handbook specifically
lists several items which will not be accepted.172 Facility staff stated that when contraband is
received, it is usually withheld and notice is provided to the detainee.173 The detainee then has
the option of either sending the contraband back to the sender, or, assuming the contraband is not
illegal, can have the contraband placed in storage with their personal property, to be held until
they are released from the facility.174
B.

Recreation

The Standards require that all detainees have access to recreation “under conditions
of security and supervision that protect their safety and welfare.”175 Detainees should be housed
in facilities with outdoor recreation.176 If a facility only provides indoor recreation, detainees
164

Detention Operations Manual, Detainee Services, Standard 3, Section III.F.2.
Inmate Handbook, p.1.
166
Inmate Handbook, p. 2.
167
Notes of delegation member
on conversation with Corporal
(b)(6)
168
Notes of delegation member
on conversation with Corporal
169
Detention Operations Manual, Detainee Services, Standard 3, Section III.G.
170
Detention Operations Manual, Detainee Services, Standard 3, Section III.G.
171
Detention Operations Manual, Detainee Services, Standard 3, Section III.G-H.
172
Inmate Handbook, pp. 1-2.
173
Notes of delegation member
on conversation with Corporal
(b)(6)
174
Notes of delegation member
on conversation with Corporal
175
Detention Operations Manual, Detainee Services, Standard 13, Section I.
176
Detention Operations Manual, Detainee Services, Standard 13, Section III.A.
165

14

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

must have access for at least one hour per day, including exposure to natural light.177 Detainees
should have access to “fixed and movable equipment,” including opportunities for cardiovascular
exercise, and games and television in dayrooms.178 Recreation must be provided to detainees in
disciplinary segregation, absent compelling security or safety reasons documented by the OIC.179
KCDC does not meet this section of the Standards; women do not have access to
outdoor recreation. KCDC has two types of indoor recreation rooms: a gym and a dayroom.180
Additionally, the Facility has an outdoor recreation area with a gated roof, however, this area is
only available to men.181 Men are allowed access to the outdoor facility on a rotating basis
which allows them to be outside for up to three or four hours a day.182 The outdoor area is only
open to men because it is located in between two male housing units that contain windows giving
the male inmates and detainees visual access to the area.183 It seems that women could have
access to the outdoor recreation area if the men’s visual access to this area were temporarily
blocked. .184
During inclement weather, the inmates and detainees are given the option of using
the indoor gym facility instead of the outdoor area.185 There are basketball hoops in the gym
facility but the detainees and inmates are not provided balls because there was a high incident of
broken ankles from playing basketball.186 The detainees have access to an exercise bike which
they can sign up to use.187 There is no additional exercise equipment available to the detainees
(b)(6), (b)(7)c
or inmates.188 Detainee
confirmed that the detainees are given substantial access
to the outdoor recreation facility and that the exercise bike is available for use.189
When the inmates and detainees are not in the outdoor or gym facilities, they are in
the day room.190 The dayrooms are common rooms, connected to the sleeping areas, where the
detainees can watch television, play cards and board games on game top tables, and socialize
with each other.191 The detainees have access to sunlight in the dayrooms.192
177

Detention Operations Manual, Detainee Services, Standard 13, Section III.B.
Detention Operations Manual, Detainee Services, Standard 13, Section III.G.
179
Detention Operations Manual, Security and Control, Standard 14, Section III.D.13.
180
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
181
Notes of delegation member
on observation of KCDC and conservation with Corporal
178

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

182

Notes of delegation member
Notes of delegation member
184
Notes of delegation member
185
Notes of delegation member
186
Notes of delegation member
187
Notes of delegation member
188
Notes of delegation member
183

(b)(6)

on conversation with Corporal
on conversation with Corporal
on observation of KCDC.
(b)(6), (b)(7)c
on conversation with Corporal
on conversation with Corporal
on conversation with Corporal
on observation of KCDC and conversation with Corporal

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

189

Notes of delegation member
Notes of delegation member
191
Notes of delegation member
KCDC.
192
Notes of delegation member
190

on conversation with detainee (b)(6), (b)(7)c
on conversation with Corporal
(b)(6), (b)(7)c
on conversation with Corporal
nd observation of
on observation of KCDC.

15

Detainees in disciplinary segregation have one hour for recreation every other
day.193 During this time, they are allowed to shower and take a walk.194
C.

Access to Medical Care

The Standards require that all detainees have access to medical services that
promote detainee health and general well-being.195 Each facility is suggested to have regularly
scheduled times, known as sick call, when medical personnel are available to see detainees who
have requested medical services.196 For a facility of over 200 detainees, a minimum of five days
per week is suggested.197 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it.198 With respect to emergency care, the Standards state
that in a situation in which a detention officer is uncertain whether a detainee requires emergency
medical care, the officer should immediately contact a health care provider or an on-duty
supervisor.199 If a detainee is diagnosed as having a medical or psychiatric condition requiring
special attention (e.g., special diet), the medical care provider is required to notify the Officer-inCharge in writing.200
KCDC appears to meet this Standard. All detainees must fill out a medical
request form in order to receive medical attention.201 The Facility has one nurse on-site sixteen
(16) hours a day, seven (7) days a week.202 A physician is present at the Facility every Tuesday.
A mental health professional visits the Facility four times a week.203 Initial intake and screening
is not done at KCDC, but is performed at the Kenosha County Pretrial Facility, 1000 55th Street,
Kenosha, Wisconsin, 53140.204 Tuberculosis tests are routinely done at KCDC when detainees
are first brought in, and a follow up chest x-ray will be performed if necessary.205 In addition,
someone is staffed at the Pretrial Facility 24 hours a day to handle any emergencies that arise at
KCDC.206
Detainees wishing to see medical staff need to request a medical treatment slip,
available from the dormitory officer, fill it out and give it to the dormitory officer.207 The slips
are picked up from the dormitory officer three times a day and delivered to the nurse.208 The
193

Notes of delegation member
, on conversation with Corporal
(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
, on conversation with Corporal
195
Detention Operations Manual, Health Services, Standard 2, Section I.
196
Detention Operations Manual, Health Services, Standard 2, Section I.
197
Detention Operations Manual, Health Services, Standard 2, Section I.
198
Detention Operations Manual, Health Services, Standard 2, Section III.A, D. and G.
199
Detention Operations Manual, Health Services, Standard 2, Section III.H.
200
Detention Operations Manual, Health Services, Standard 2, Section III.J.
201
(b)(6)
Notes of delegation member
on conversation with Registered Nurse
202
Notes of delegation member
on conversation with Nurse
203
Notes of delegation member
on conversation with Nurse
(b)(6)
204
Notes of delegation member
on conversation with Nurse (b)(6)
205
Notes of delegation member
on conversation with Nurse
206
Notes of delegation member
on conversation with Nurse
207
KCDC Inmate Handbook, p.3. Notes of delegation member
on conversation with Nurse
(b)(6)
208
Notes of delegation member
on conversation with Nurse (b)(6)
(b)(6)
194

16

(b)(6)

nurse on duty will then determine whether medical attention/treatment is necessary.209 If the
nurse then finds that the condition warrants further attention, a physician will be notified, and in
the event of an emergency, the detainee will be taken to the Aurora Medical Center.210
For non–English-speaking detainees requiring medical treatment, KCDC has staff
that can speak Spanish.211
D.

Access to Dental Care

The Standards suggest that detainees have an initial dental screening exam within
14 days of the detainee’s arrival and require the Facility to provide a number of services,
including emergency dental treatment and repair of prosthetic appliances.212 For detainees who
are held in detention for over six months, routine dental treatment may be provided, including
amalgam and composite restorations, prophylaxis, root canals, extractions, x-rays, the repair and
adjustment of prosthetic appliances and other procedures required to maintain the detainee’s
health.213
KCDC does not fully meet this section of the Standards. An initial dental
screening is not performed upon a detainee’s arrival at the Facility.214 However, a dentist
visits the Facility once every two weeks.215
E.

Hunger Strike

The Standards require that all facilities follow accepted standards of care in the
medical and administrative management of hunger-striking detainees.216 Facilities must do
everything within their means to monitor and protect the health and welfare of the hungerstriking detainee and must make every effort to obtain the hunger striker’s informed consent for
treatment.217 In IGSA facilities, the “OIC of the facility shall notify [ICE] that a detainee is
refusing treatment. Under no circumstances are IGSA facilities to administer forced medical
treatment unless granted permission from [ICE].”218
KCDC appears to meet this section of the Standards. If an inmate or detainee
declares a hunger strike the medical staff assesses the mental state of the patient, and regularly
monitors the patient, including his or her food intake, liquid intake, weight, vital signs, etc.219 A
log of the detainee’s food and water intake is kept, and a psychological consult is ordered,
209

Notes of delegation member
on conversation with Nurse
(b)(6)
Notes of delegation member
on conversation with Nurse
211
Notes of delegation member
on conversation with Nurse
212
Detention Operations Manual, Health Services, Standard 2, Section III.E
213
Detention Operations Manual, Health Services, Standard 2, Section III.E
214
Notes of delegation member
on conversation with Nurse
(b)(6)
215
Notes of delegation member
on conversation with Nurse
216
Detention Operations Manual, Health Services, Standard 1, Section I.
217
Detention Operations Manual, Health Services, Standard 1, Section I.
218
Detention Operations Manual, Health Services, Standard 1, Section III.D.
219
Notes of delegation member
on conversation with Nurse
(b)(6)
210

17

(b)(6)

(b)(6)

usually within a day or two of the initial declaration of a hunger strike.220 In addition, ICE is
notified if a detainee declares a hunger strike.221
According to Corporal (b)(6), (b)(7)c a thorough medical and psychological review of the
detainee will be ordered upon declaration of a hunger strike, and the detainee will be segregated
if necessary.222
F.

Detainee Classification System

The Standards require that detention facilities use a classification system and
physically separate detainees in different categories.223 Detainees must be assigned to the least
restrictive housing unit consistent with facility safety and security.224 A detainee’s classification
is to be determined on “objective” criteria, including criminal offenses, escape attempts,
institutional disciplinary history, violent incidents, etc.225 Opinions, unconfirmed and unverified
information, and physical characteristics and appearance are not to be taken into account.226
Classification is required in order to separate detainees with no or minimal criminal records from
inmates with serious criminal records.227 Detainees with a history of assaultive or combative
behavior are not to be housed with non-assaultive detainees.228
All facility classification systems shall allow classification levels to be redetermined and include procedures by which new arrivals can appeal their classification
levels.229 Finally, the detainee handbook’s section on classification must include (1) an
explanation of the classification levels, with the conditions and restrictions applicable to each,
and (2) the procedures by which a detainee may appeal his classification.230
KCDC does not fully meet some of this section of the Standards. The Inmate
Handbook does not explain the classification system or the appeals process. All detainees
and inmates are classified when they first arrive at the Facility.231 Detainees enter the facility
with an ICE classification ranging from Level 1 to Level 3, with Level 1 being the least
dangerous and Level 3 being the most dangerous.232 These classifications are based on
“objective criteria,” such as the detainee’s criminal history and history of violence.233 Upon
arrival, KCDC uses these ICE classifications to classify detainees into three levels, Level A
220

Notes of delegation member
on conversation with Nurse
(b)(6)
(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with ICE O
222
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
223
Detention Operations Manual, Detainee Services, Standard 4, Section I.
224
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
225
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
226
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
227
Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & III.E.
228
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
229
Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.
230
Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
231
Notes of delegation member
on conversation with Corporal
232
(b)(6), (b)(7)c
(b)(6)
Notes of delegation member
on conversation with Corporal
233
Notes of delegation member
on conversation with Corporal
221

18

through Level C, that correspond with ICE’s three-tiered classification scheme (A coinciding
with ICE Level 1 for the least dangerous).234 The top and bottom groups, representing the most
and least dangerous inmates, are housed on two separate units.235 Members of the middle group
can be housed on either unit.236 These two units do not commingle; they eat separately and have
separate recreation times.237 However, inmates of all three classification groups receive the
exact same privileges.238
Additionally, KCDC has its own classification system that is separate and distinct
from the detainee classification system.239 This system classifies inmates on a scale of 1-8, with
level 1 being the most dangerous.240 Based on this classification system, inmates ranging from
levels 1-8 may be housed on the regular dormitory-style units.241 Each detainee will thus have
an ICE classification ranging from A through C, as well as a separate Kenosha classification
ranging from 3-8.242
Detainee and inmate classifications are constantly reassessed.243 There is also an
appeals process, whereby an inmate can challenge his classification in writing.244 However, in
contravention of the Standards,245 the Inmate Handbook does not explain the classification
levels, the conditions and restrictions associated with each classification level, or the process by
which a detainee can appeal his or her classification level.246
G.

Voluntary Work Program

The Standards suggest that all facilities with work programs provide an opportunity
for physically and mentally capable detainees to “work and earn money.”247 Participation must
be voluntary, and detainees may not work more than eight hours per day, or forty hours per
week.248
KCDC does not meet this section of the Standards. Although KCDC has a
voluntary work program (e.g., in the kitchen department) for individuals held in custody
on behalf of Kenosha County law enforcement authorities, ICE detainees are not allowed to

234

Notes of delegation member
on conversation with Corporal
Notes of delegation member
on conversation with Corporal
236
Notes of delegation member
on conversation with Corporal
237
Notes of delegation member
on conversation with Corporal
238
Notes of delegation member
on conversation with Corporal
239
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
(b)(6)
240
Notes of delegation member
on conversation with Corporal
241
Notes of delegation member
on conversation with Corporal
242
Notes of delegation member
on conversation with Corporal
243
Notes of delegation member
on conversation with Corporal
244
Notes of delegation member
on conversation with Corporal
245
Detainee operations Manual, Detainee Services, Standard 4, Section III.I.
246
Inmate Handbook, pp. 1-4.
247
Detention Operations Manual, Detainee Services, Standard 37, Sections I & III.A.
248
Detention Operations Manual, Detainee Services, Standard 37, Sections III.A & H.
235

19

participate in the program.249 KCDC’s reason for not allowing detainees to participate in the
voluntary work program is that individuals participating in the program are compensated not
with money, but with reduced sentences;250 KCDC cannot offer reduced sentences to ICE
detainees, who are not serving a sentence.251
H.

Detainee Grievance Procedures

The Standards require that that every facility develop and meet standard
procedures for handling detainee grievances and encourage the facility to initially seek to resolve
grievances informally before having to engage in a more formalized procedure.252 Translating
assistance for both formal and informal grievances must be provided upon request.253 The
Standards also require that each facility establish a reasonable time limit for: (1) “processing,
investigating, and responding to grievances;” (2) “convening a grievance committee to review
formal complaints;” and (3) “providing written responses to detainees who filed formal
grievances, including the basis for the decision.”254 All grievances must receive supervisory
review, include guarantees against reprisal, and allow for appeals.255
KCDC substantially meets this Standard. However, there is apparently no
translation assistance. The Facility Inmate Handbook provides that “Inmates at the Kenosha
County House of Corrections may use the established grievance process to secure equitable and
timely responses and/or solutions to legitimate grievances.”256 The Handbook further states that
detainees “will not be penalized for using the procedure except that lying about a staff member
or service provider is a rules violation and will be treated accordingly.”257
The grievance procedure established by the Facility is as follows. First, the
detainee should “speak with the dormitory officer or activity supervisor. The officer will attempt
to correct any misconceptions about HOC procedures.”258 Facility personnel confirmed that this
process is followed, stating “one of the best reasons to have a dorm officer is to resolve conflicts
right then and there.”259 Facility personnel stated that the majority of detainee grievances are
resolved using this informal procedure.260
If the issue is unable to be resolved using the “informal” mechanism, the detainee
may obtain an Inmate Grievance Form from his/her dormitory officer, which must be filed

249

Notes of delegation member
on conversation with Corporal
(b)(6)
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
251
Notes of delegation member
on conversation with Corporal
252
Detention Operations Manual, Detainee Services, Standard 5, Sections I. & III.A.
253
Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1 & 2.
254
Detention Operations Manual, Detainee Services, Standard 5, Section I.
255
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D.
256
Inmate Handbook, Appendix: Grievance Procedure.
257
Inmate Handbook, Appendix: Grievance Procedure.
258
Inmate Handbook, Appendix: Grievance Procedure.
259
Notes of delegation member
on conversation with Corporal
(b)(6), (b)(7)c
(b)(6)
260
Notes of delegation member
on conversation with Corporal
250

20

within 7 days of the occurrence.261 The detainee is required to write a description of the event,
the rule that was violated, and a suggestion about a possible solution to the conflict.262 The
forms are to be deposited in a mailbox located at the entrance to the dining room, which are
emptied twice a day.263 Facility personnel stated that the grievance mailbox is a useful tool for
keeping the identity of the grievance holder confidential.264
After the grievance mailboxes are emptied, they are given to the Assistant
Superintendent.265 The Assistant Superintendent will assign a supervisor to review the grievance
and must give a written response within 7 days of the receipt of the Grievance Form.266
Detainees have 72 hours from receipt of the Response to file an appeal using another Inmate
Grievance Form (“Appeal Form”).267 The Appeal Form is placed in the same mailbox as the
initial grievance forms.268 The Appeal Form, initial Grievance Form, and other pertinent
documentation will be given to the Assistant Superintendent or a designee, and “[he] will make
every effort to complete the Grievance Appeal within 14 calendar days of receiving the
appeal.”269 Final decisions regarding the detainee grievance are provided to the detainee in
written form.270
(b)(6), (b)(7)c
Detainee
stated that when he has a problem he first
communicates with his dormitory officer.271 Detainee (b)(6), (b)(7)c who only speaks Spanish –
stated that there are no translation services so he must get a friend to speak with the dormitory
officer on his behalf.272 Detainee (b)(6), (b)(7)c has never filed a formal written grievance.273

I.

Disciplinary Policy

The Standards state that facility authorities “will impose disciplinary sanctions on
any detainee whose behavior is not in compliance with facility rules and procedures” in order “to
provide a safe and orderly living environment.”274 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.”275 Any disciplinary action taken must not be
capricious or retaliatory and the following sanctions may not be imposed: “corporal punishment;
deviations from normal food services; deprivation of clothing, bedding, or items of personal
261

Inmate Handbook, Appendix: Grievance Procedure.
Inmate Handbook, Appendix: Grievance Procedure.
263
Inmate Handbook, Appendix: Grievance Procedure.
264
Notes of delegation member Kevin Agnew, on conversation with Corporal (b)(6), (b)(7)c
265
Inmate Handbook, Appendix: Grievance Procedure.
266
Inmate Handbook, Appendix: Grievance Procedure.
267
Inmate Handbook, Appendix: Grievance Procedure.
268
Inmate Handbook, Appendix: Grievance Procedure.
269
Inmate Handbook, Appendix: Grievance Procedure.
270
Inmate Handbook, Appendix: Grievance Procedure.
271
Notes of delegation member
on interview with Detainee
272
(b)(6)
Notes of delegation member
on interview with Detainee (b)(6), (b)(7)c
273
Notes of delegation member
on interview with Detainee
274
Detention Operations Manual, Security and Control, Standard 5, Section I.
275
Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.
262

21

hygiene; deprivation of correspondence privileges; or deprivation of physical exercise unless
such activity creates an unsafe condition.”276 In addition, the Standards provide that all incident
reports filed by officers must be investigated within twenty-four hours of the incident.277 An
intermediate level of investigation or adjudication must be established to adjudicate low or
moderate infractions.278
KCDC appears to meet this section of the Standards. The Inmate Handbook lists
five distinct categories of rules violations, which are classified as either “Minor Rule Violations”
or “Major Rule Violations.”279 A minor violation “means a violation of the HOC’s rules of
behavior for which a minor sanction may be imposed.”280 Minor violation sanctions include:
verbal reprimands that should be given away from other inmates; loss of privileges for up to 24
hours; restriction to the dormitory Isolation Room for no longer than 24 hours; extra work
assignments; and restrictions on electronics.281 The Inmate Handbook does not define “loss of
(b)(6), (b)(7)c
privileges.” However, Corporal
stated that “general things like candy and snacks
282
are sometimes taken away.”
Therefore, while it is unclear whether the Facility imposes
sanctions prohibited by the Standards, it appears that minor violations do not warrant deprivation
of “clothing, bedding, or items of personal hygiene; deprivation of correspondence privileges; or
deprivation of physical exercise.”283
A “Major Violation” is “one in which the violation sanction is restriction of
privileges for more than 24 hours, loss of good time, [or] segregation for more than 24 hours.”284
An officer who observes a major violation is instructed to “take immediate action to correct the
situation.”285 After addressing the situation, the officer must complete a detailed “Conduct
Report” before the officer’s day ends, although the Shift Supervisor may allow additional time to
complete and document any additional investigative information.286 The “Conduct Report” is
submitted to a supervisor who determines “when, or if, a Disciplinary Hearing will be
conducted.”287 The Shift Supervisor determines “whether the [detainee] should remain in the
housing unit pending completion of the investigation or hearing.”288
Detainees charged with a major violation “will receive a hearing before the
imposition of disciplinary measures, unless the [detainee] waives his/her right to such a
hearing.”289 The assigned Hearing Officer is to be of supervisory rank and may not have
276

Detention Operations Manual, Security and Control, Standard 5, Section III.A.2 and III.A.3.
Detention Operations Manual, Security and Control, Standard 5, Section III.B. and III.C.
278
Detention Operations Manual, Security and Control, Standard 5, Section III.C.
279
Inmate Handbook, Appendix: Inmate Rules/Discipline.
280
Inmate Handbook, Appendix: Inmate Rules/Discipline.
281
Inmate Handbook, Appendix: Inmate Rules/Discipline.
282
(b)(6), (b)(7)c
Notes of delegation member
on conversation with Corporal
(b)(6)
283
Detention Operations Manual, Security and Control, Standard 5, Section III.A.2 and III.A.3.
284
Inmate Handbook, Appendix: Inmate Rules/Discipline.
285
Inmate Handbook, Appendix: Inmate Rules/Discipline.
286
Inmate Handbook, Appendix: Inmate Rules/Discipline.
287
Inmate Handbook, Appendix: Inmate Rules/Discipline.
288
Inmate Handbook, Appendix: Inmate Rules/Discipline.
289
Inmate Handbook, Appendix: Inmate Rules/Discipline.
277

22

personally observed, been part of, or investigated the incident in any way.290 Lieutenant (b)(6), (b)(7)c
(b)(6), (b)(7)c stated that the Hearing Officer must be “impartial so that he can review the incident
without any bias.”291 The detainee has the right to be present at the hearing, to speak, and to
present witnesses unless there are safety concerns.292 After hearing the evidence in the case, the
Hearing Officer makes a determination about the appropriate remedy.293 The Hearing Officer
will record the disposition on the Disciplinary Hearing Report, which the detainee will receive
and which will include the appeal procedure.294
None of the detainees interviewed had been through a formal disciplinary
295

procedure.
J.

Religious Practices

The Standards require that detainees of different religious beliefs be “provided
with reasonable and equitable opportunities to participate in the practices of their respective
faiths.”296 According to the Standards, these opportunities will exist for all equally, regardless of
the number of practitioners of a given religion, whether the religion is “mainstream,” whether the
religion is “Western” or “Eastern,” or other such factors.297 “Opportunities will be constrained
only by concerns about safety, security, the orderly operation of the facility, or extraordinary
costs associated with a specific practice.”298 Moreover, a facility’s staff shall make “all
reasonable efforts to accommodate” special food services required by a detainee’s particular
religion.299 Detainees in confinement must also be permitted to participate in religious practices,
consistent with the safety, security, and orderly operation of the facility.300
KCDC meets this Standard. Upon arrival at KCDC, the facility asks each detainee
to designate his or her religious preference.301 The facility has two chaplains, Sister (b)(6) and
Pastor (b)(6) , each of whom has offices at the facility and meets with detainees.302 Outside
clergy of other faiths who are approved by the facility may also visit detainees in the general
visitation area or in the professional visitation area.303 Upon request of the detainees and review
by the clergy members, detainees may use multipurpose rooms or other areas of KCDC for group
religious activities, and are permitted to observe important “holy days.”304 Detainees who are in
290

Inmate Handbook, Appendix: Inmate Rules/Discipline.
(b)(6)
Notes of delegation member
on conversation with Lieutenant
292
Inmate Handbook, Appendix: Inmate Rules/Discipline.
293
Inmate Handbook, Appendix: Inmate Rules/Discipline.
294
Inmate Handbook, Appendix: Inmate Rules/Discipline.
295
Notes of delegation member
(b)(6)
296
Detention Operations Manual, Detainee Services, Standard 14, Section I.
297
Detention Operations Manual, Detainee Services, Standard 14, Section I.
298
Detention Operations Manual, Detainee Services, Standard 14, Section I.
299
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
300
Detention Operations Manual, Detainee Services, Standard 14, Section III.O.
301
Notes of delegation member
on conversation with Corporal
302
Notes of delegation member
on conversation with Corporal
(b)(6)
303
Notes of delegation member
on conversation with Corporal
304
Notes of delegation member
on conversation with Corporal
291

23

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

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

disciplinary segregation units are allowed to meet with clergy individually but, due to safety
concerns, are not allowed to attend group religious meetings.305
Upon request by detainees and review by the facility’s clergy, KCDC’s kitchen
provides accommodations for detainees with religious dietary requirements (e.g., Muslim and
Jewish detainees may have certain dietary restrictions).306 Detainees are generally permitted to
keep and access personal religious property, such as Muslim prayer rugs.307
K.

Special Management Unit

The Standards require that each facility establish a Special Management Unit
(“SMU”) that will isolate certain detainees from the general population.308 All cells in the SMU
must be equipped with beds that are securely fastened to the cell floor or wall.309 Segregated
detainees shall have the opportunity to maintain a normal level of personal hygiene.310
Recreation shall be provided to detainees in disciplinary segregation in accordance with the
“Recreation” Standard, absent compelling security or safety reasons documented by the OIC.311
Access to legal materials shall be accommodated no more than 24 hours after receipt of the
initial detainee request.312 Similarly, access to the law library shall be granted to detainees in
segregation; the facility may limit this to access by request.313 Finally, “As a rule, a detainee
retains visiting privileges while in disciplinary segregation,” and a detainee in disciplinary
segregation shall not be denied legal visitation.314
KCDC does not fully meet this Standard: detainees in segregation are not
allowed family visits, and recreation is limited. We were unable to view the Special
Management Unit area, but we were informed that the disciplinary segregation area has the
capacity to hold 22 inmates or detainees.315 While in disciplinary segregation, detainees are not
allowed family visits, but they can have legal visits.316 A detainee’s access to the research
computer is limited in segregation.317 A detainee must request use of the computer, each request
will be considered on a case-by-case basis, and the detainee will be allowed access if his need is

305

Notes of delegation member
on conversation with Corporal
(b)(6)
Notes of delegation member
on conversations with Corpora (b)(6), (b)(7)c
307
Notes of delegation member
on conversation with Corporal
308
Detention Operations Manual, Security and Control, Standards 13 & 14, Section I.
309
Detention Operations Manual, Security and Control, Standard 14, Section III.D.6.
310
Detention Operations Manual, Security and Control, Standard 14, Section III.D.11.
311
Detention Operations Manual, Security and Control, Standard 14, Section III.D.13.
312
Detention Operations Manual, Security and Control, Standard 14, Section III.D.15.c.
313
Detention Operations Manual, Security and Control, Standard 14, Section III.D.15.e.
314
Detention Operations Manual, Security and Control, Standard 14, Section III.D.17.
315
Notes of delegation member
on conversation with Corporal
316
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
(b)(6)
317
Notes of delegation member
on conversation with Corporal
306

24

justified.318 If a detainee’s request is granted, the research computer cart is placed in an empty
segregation cell for the detainee’s use.319
As mentioned above, detainees in disciplinary segregation have one hour for
recreation every other day, despite the Standards requiring access to recreation every day.320
During this time, they are allowed to shower and take a walk.321 While in disciplinary
segregation, detainees have access to the group rights presentations with an escort and can visit
with clergy.322
L.

Staff-Detainee Communication/ICE Presence at the Facility

The Standards require that detainees should have regular access to ICE staff.323 ICE
staff should explain the general procedures for immigration removal without offering legal
advice to the detainees regarding their specific cases.324 The Standards require that ICE staff
conduct both unannounced and scheduled visits to the detention centers, including visiting the
housing units, the food service areas, and the recreation areas.325 The Standards also require that
detainees “have the opportunity to submit written questions, requests or concerns to ICE
staff.”326 In addition, the officers should promptly deliver the messages to ICE without reading
or altering the messages, and a log should be kept of the messages sent and the responses
received.327 Detainees should be informed in the detainee handbook that they may make
requests to ICE.328
It is unclear whether KCDC meets the provisions in this Standard regarding
scheduled and unannounced visits, and the detainee handbook does not state that detainees
may submit written questions or concerns to ICE staff. The day we visited the Facility, there
were two ICE staff members present who had just finished conducting a yearly inspection of the
Facility. The two members who we spoke with were not the regular ICE officers for that facility,
although they had some familiarity with the procedures.329 According to these two ICE staff
members, ICE staff visit the Facility every Friday, and the detainees are informed about weekly
ICE visits by staff members.330 We were told that the day of the ICE visit is posted for the
detainees in the dorm room, but we did not observe such a posting during our visit.331 Further,

318

Notes of delegation member
on conversation with Corporal
Notes of delegation member
on conversation with Corporal
320
(b)(6)
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
321
Notes of delegation member
on conversation with Corporal
322
Notes of delegation member
on conversation with Corporal
323
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
324
Detention Operations Manual, Detainee Services, Standard 15, Section III.A
325
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1-2.
326
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
327
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.
328
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
329
Notes of delegation member
on conversation with Officers
(b)(6), (b)(7)c
330
(b)(6)
Notes of delegation member
on conversation with Officers
331
Notes of delegation member
on observation and conversation with Officer (b)(6), (b)(7)c
319

25

detainee (b)(6), (b)(7)c stated that he was not aware that ICE visits every Friday.332 It was not clear
when or how often unannounced visits are conducted.
Detainees can send messages or requests to ICE staff, and those requests are faxed
by facility staff to the ICE office before the weekly visit.333 A log is kept of all out-going
requests as well as whether a response from ICE was received.334 According to the two ICE staff
members, requests to ICE usually concern case status questions or complaints about ICE
procedures; and staff usually answer any questions they can about the status of a case, such as
informing the detainee of an upcoming important date or explaining to the detainee the next step
in his case.335 The ICE staff also stated that often the detainees have complaints, and that ICE
staff tries to make time to speak with and listen to the detainees.336 The ICE staff stated that they
also try to find out whether any of the detainees are in segregation, and if so, why they were
placed in segregation. They try to speak with detainees in segregation and review the reports
regarding any incidents which may have occurred.337
There is no mention in the Inmate Handbook of the procedures involving
submission of questions or concerns to ICE staff, nor is there mention that personnel from ICE
visit weekly.338
M.

Detainee Handbook

The Standards require that the facility must provide each detainee, upon
admittance, with a copy of the detainee handbook or equivalent.339 The handbook must include
visitation rules and hours.340 It shall notify detainees of the facility correspondence policy.341
The handbook must also state “that the detainee has the opportunity to submit written questions,
requests, or concerns to ICE staff and the procedures for doing so, including the availability of
assistance in preparing the request.”342
KCDC does not fully meet this section Standard. The Inmate Handbook
lacks information that should be provided to detainees, including information on legal
visitation, legal mail, classification levels, and procedures for contacting ICE staff. A copy
of the Inmate Handbook is not provided to detainees. KCDC does not have a separate
Detainee Handbook. Rather, the Facility has an Inmate Handbook, in both English and Spanish,
that is posted in all the dorms.343 The Inmate Handbook applies to the inmates generally, and is
332

Notes of delegation member
on interview with detainee (b)(6), (b)(7)c
Notes of delegation member
on conversation with Corporal
334
Notes of delegation member
on conversation with Corporal
335
Notes of delegation member
on conversations with Officers
(b)(6)
336
Notes of delegation member
on conversations with Officers
337
Notes of delegation member
on conversation with Officer (b)(6), (b)(7)c
338
Notes of delegation member
on review of Inmate Handbook.
339
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
340
Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
341
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
342
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
343
Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
(b)(6)
333

26

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

not specific to detainees and their concerns. Detainees are not provided a copy of the Inmate
Handbook.344 However, upon admission to KCDC every detainee is required to watch an
orientation video that lays out the rules of the Facility and provides the information found in the
(b)(6), (b)(7)c
Inmate Handbook.345 This was confirmed by detainee
, who stated that he
346
watched the orientation video upon coming to KCDC.
The Inmate Handbook overall does not contain much information pertaining to the
detainee’s everyday needs while in the Facility.347 The Handbook contains very general
information on visiting, medical care, mail, and general behavior.348 There is nothing in the
Handbook regarding legal visitation, access to legal materials, the rules regarding legal mail, or
information on the classification system.349 The Handbook should be revised to contain more
detailed information overall, including information regarding legal visitation and access to legal
materials. Also, the Handbook does not contain anything detailing the procedures for a detainee
to contact or communicate with ICE staff.350 Adding more information in the Inmate Handbook
specifying the process for contact with ICE staff would help make it clear to all ICE detainees
that the detainee request forms also apply to ICE communications.
N.

Personal Property

The Standards indicate that detainees should be permitted to retain a reasonable
amount of personal property in their possession so long as the property poses no threat to facility
security.351 Additionally, detainees should be permitted to retain all personal legal materials
unless it creates a safety, security, or sanitation hazard.352
KCDC fully meets this Standard. The majority of detainees at KCDC are
processed in a different facility and their personal property is kept at that facility.353 If a detainee
acquires personal property while in KCDC, it is inventoried and kept in a small storage area.354
Each detainee has a storage bin under his bed that has a lock.355 They are allowed to keep
photos, mail, legal materials and other allowed personal property in their bins.356 Additionally,

344

Notes of delegation member
on conversation with Corporal (b)(6), (b)(7)c
Notes of delegation member
on conversation with Corporal
(b)(6)
346
Notes of delegation member
on interview with detainee (b)(6), (b)(7)c
347
See KCDC Inmate Handbook.
348
See KCDC Inmate Handbook.
349
See KCDC Inmate Handbook.
350
See KCDC Inmate Handbook.
351
Detention Operations Manual, Detainee Services, Standard 18, Section III.B.
352
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
353
Notes of delegation member
on conversation with Corporal
354
Notes of delegation member
on conversation with Corporal
(b)(6), (b)(7)c
(b)(6)
355
Notes of delegation member
on conversation with Corporal
and observation.
356
Notes of delegation member
on conversation with Corporal
345

27

detainees are allowed a towel to use as a prayer rug.357 Each detainee is allowed to keep all
personal legal materials so long as they fit in the storage bin.358
V.

CONCLUSION

The Kenosha County Detention Center substantially meets many of the ICE
Detention Standards, but also fails to meet a number of sections. Our delegation recommends
the following:
The KCDC Inmate Handbook should be revised to include detainee specific
information such as how to request a visit and communicate with ICE officers. It should also be
revised to include sections on legal visits, legal mail, access to legal materials, and classification.
The Handbook should address those issues which specifically apply to the detainees, so they are
aware of their rights. In addition, every detainee should be given a copy of the Handbook, rather
than relying on it being posted in the dormitories.
Due to the location of the Facility, and the fact that many of the detainees are
from areas that require travel to visit, KCDC should be willing to extend visiting hours or allow
for visiting outside the normal schedule to accommodate visitors traveling from great distances.
Visits should be permitted on Saturdays and Sundays.
To provide proper access to legal materials, KCDC should institute a law library,
and ensure that detainees have access to all legal materials required by the Standards. KCDC
should also ensure that computer training is provided, because legal materials are only accessible
via computer and some of the inmates are computer illiterate. KCDC should ensure that
sufficient computers and writing materials are provided without cost to detainees. Specifically,
KCDC should increase the number of legal access computers that are available to the detainees.
Finally, detainees should be informed upon arrival of the computers.

357
358

Notes of delegation member
Notes of delegation member

(b)(6)

on conversation with Corporal
on conversation with Corporal

28

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

Report of the American Bar Association Delegation
to the Kenosha County Detention Facility

(b)(6)

Holland & Knight LLP
131 South Dearborn Street
Chicago, Illinois 60603-5506
312.263.3600

Report of the American Bar Association Delegation
to the Kenosha County Detention Facility
DATE:

September 10, 2004

This memorandum summarizes and evaluates information gathered at the
Kenosha County Detention Facility (“Facility”) in Kenosha, Wisconsin, during the
delegation’s July 13, 2004 visit to the facility. The information was gathered via
observation of the facility by the delegation and interviews with immigration
detainees (“Detainees”) and detention center personnel.
I.

Detention Standards
In November 2000, the former Immigration and Naturalization Service

(“INS”) promulgated the detentions standards (“Detention Standards”) to insure the
“safe, secure and humane treatment” of Detainees. The standards cover a range of
issues from visitation policies to grievance procedures to food service.

The

Detention Standards apply to detention centers operated by Immigration and
Customs Enforcement (“ICE”) personnel and to other facilities that house Detainees
as part of a contract or intergovernmental service agreement (“IGSA”).
The Detention Standards constitute the minimum requirements for the
treatment of Detainees at ICE facilities. Each field office and/or officer in charge
may also, in his or her discretion, promulgate policies and practices that afford
Detainees rights and protections above and beyond the Detention Standards.
The Detention Standards took effect at ICE-operated detention facilities on
January 1, 2001. ICE intended to phase the Detention Standards gradually into all
of its contract and IGSA facilities by December 31, 2002.

The ABA Commission on Immigration instituted the Detention Standards
Implementation Initiative (“ABA Initiative”), a program designed to tour detention
facilities in order to observe the effective implementation of the Detention
Standards as mandated by the former INS.
II.

The Delegation’s Visit
In connection with the ABA Initiative, a group of attorneys and paralegals

from Holland & Knight LLP ("Delegation") toured the Facility on July 13, 2004, to
determine whether the Facility has implemented the Detention Standards. The
Delegation, consisting of

(b)(6)

met with

(b)(6)

(b)(6)

the Facility’s

shift supervisor, and other members of the Facility’s staff for a tour of the Facility,
and interviews with Detainees. This report is based on the observations of the
members of the Delegation during that visit.
At the time of the Delegation’s visit, the Facility housed 394 individuals, of
which 96 were Detainees. At any given time, the majority of the Detainees are men,
with the number of female Detainees generally ranging from five to 12.

The

countries predominantly represented in the Detainee population at the Facility are
Mexico, Cuba, Poland, and Central American, although the female Detainees tend
to be Asian. The duration of Detainees’ stays at the Facility ranges from as short as
five days to as long as several years. For example, one South African Detainee
ended a four and one-half year stay shortly before the Delegation’s visit.
The remainder of the Facility’s population was made up of inmates who have
been confined to the Facility for various criminal offenses (“Inmates”). Although the
3

Facility takes some precautions, as described below, to ensure that Detainees are
not exposed to more serious criminal offenders, Detainees and Inmates are
intermingled throughout the Facility.
Detainees are classified according to the degree of risk they pose. Low-risk
Detainees such as asylum seekers and migrant workers are classified as “Level 1”
Detainees.

Detainees who are not considered dangerous but who have minor

criminal convictions are classified as “Level 2” Detainees. Finally, Detainees that
pose the greatest degree of risk – generally Detainees with combative histories,
violent propensities, or felony convictions – are classified as “Level 3” Detainees.
While the Facility prevents the intermingling of Level 1 and Level 3 Detainees,
except those in segregation, Level 2 Detainees may be intermingled with either
Level 1 or Level 3 Detainees. All of the individuals housed at the Facility, both
Inmates and Detainees, wear orange uniforms.
A “Detainee Handbook” is posted in each dormitory of the Facility.
Individual copies of this handbook are not distributed to the Detainees, although
Officer

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

has copies available in his office for review. The Facility’s rules are

posted in both English and Spanish. According to Officer

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

, the Facility

rules include those in the Detainee Handbook.
One of the most notable features of the Facility is its cleanliness. All of the
areas observed by the Delegation, including the kitchen, appeared extremely clean
and orderly. Facility officials and the Detainees noted that Detainees and Inmates
are responsible for cleaning their dormitory and volunteers help in the kitchen for
which they are compensated.
4

III.

Observations of Implementation of Legal Access Standards
A.

Law Library and Legal Materials

The Detention Standards mandate that detention facilities provide Detainees
with “adequate” access to legal materials so that Detainees have the opportunity to
apprise themselves of their legal rights. In addition, detention facilities must
maintain certain legal reference materials specified by the Detention Standards.1
The Facility’s library contains general reading materials, such as donated
books and magazines, but no hard copy legal materials.

Instead, the Facility

provides legal materials on two Lexis-Nexis CD-ROMs. The CD-ROMs, which may
be downloaded to a computer, contain a broad range of immigration law materials,
including case and statutory law. The CD-ROMs are updated at least three to four
times per year pursuant to the Facility’s contract with Lexis. There is no single
Facility official or officer responsible for maintaining and updating the library’s
Lexis-Nexis system. Further, while there isn’t any one individual responsible for
helping Detainees with computer issues, the Delegation was informed that
members of the Facility staff are trying to familiarize themselves with the computer
so that they can help Detainees with computer access.
Although there are other computers in the Facility, there is only one
computer designated for legal research. The Lexis CD-ROMs may be downloaded
directly to this computer.

Written directions for downloading the software and

using the Lexis-Nexis research system are available next to this computer. The
computer, which sits on a stand-alone, movable cart, is typically stored in a
1

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

5

separate room in the library, which remains open and unlocked during the day. The
computer may be moved virtually anywhere within the Facility at a Detainee’s
request. Most Detainees are allowed to use the computer and the Lexis research
system at any time during the daytime hours, and are not limited in the number of
times they may use the computer and Lexis research system. However, Detainees
in segregation units may only use the legal research system at the discretion of the
Facility staff.
Because the segregation units are located in a separate section of the Facility,
Facility officers will transport the computer to a segregation unit only if the
particular Detainee making the request has an urgent need for legal information,
such as an imminently pending hearing. When considering a request for computer
use from a segregated Detainee, Facility officers take into account the duration of
the Detainee’s stay in segregation. For example, if a segregated Detainee requests
computer use but is due to be released from segregation shortly, Facility officers
generally will not transport the computer to the segregated Detainee.
There is one printer available for printing materials found on Lexis and
Detainees may print legal materials free of charge. Further, Detainees may obtain
photocopies of any legal materials by filling out a request form and paying 25 cents
per copy. However, if a Detainee is deemed indigent, he or she may make
photocopies free of charge, provided the amount of material to be copied is not
unreasonably voluminous. Typically, if a Detainee is deemed indigent, requests for
personal items must be made through and approved by Sister

(b)(6)

the Facility’s

“in house” religious advisor. Detainees may also save legal materials to a computer
6

disk provided at no cost by the Facility. Additional computers, paper, writing
instruments, and other office supplies are available at designated areas in the
Facility. The Facility provides free stamps, envelopes, and other mailing supplies to
send out materials related to legal matters. Detainees may store any printed
material and computer disks in their personal lockers in their dormitory rooms.
Although the Delegation did not tour the Facility’s general library, it does not
appear that the Facility maintains either hard or electronic copies of the reading
materials mandated by the Detention Standards. Further, there are no copies of the
Florence Project’s “Know Your Rights” packets in the library.

However, the

Midwest Immigration and Human Rights Center (“MIHRC”) distributes handouts
covering these materials when MIHRC conducts group presentations at the Facility.
Further, there is no separate, private room designated for legal research and
writing as required by the Detention Standards. Lastly, the Facility does not have
copies of the legal reference materials specified on the Detention Standards list.
At least two of the Detainees were not aware of the legal materials available
in the library and had not used the library at all.2 One reported that he was aware
of the presence of legal materials.3

Another Detainee noted that he was not

permitted access to the library, but has been allowed materials upon request and
has been allowed to use the computer.4 One Detainee stated that the Facility’s legal
materials were outdated and that the computer was not readily available.5

2

Detainee interview notes of
Detainee interview notes of
4
Detainee interview notes of
5
Detainee interview notes of

(b)(6)

3

(b)(6)

s not clear whether this Detainee was in a segregated unit.

(b)(6)

7

B.

Group Rights Presentations

The Detention Standards provide that the Facility shall permit authorized
persons to make presentations to groups of Detainees for the purpose of informing
them of U.S. immigration law and procedures consistent with the security and
orderly operation of the Facility.6
MIHRC, a non-profit agency, conducts group rights presentations at the
Facility twice a year. In addition, the Florence Project’s7 “Know Your Rights” video,
which is distributed by ICE, is shown at the Facility every Monday. The Delegation
was told that there is a representative available to answer questions after the
weekly video presentation.
C.

Visitation

The Detention Standards provide that the Facility should allow Detainees to
meet privately with their current or prospective legal representatives and the
applicable consular officials.8 The Detention Standards encourage visitation with
family and friends to maintain Detainee morale and family relationships.9
Therefore, the Detention Standards require each facility to allow visitation and
establish written visitation procedures.10 A minimum of 30 minutes per visit must
be allowed under normal conditions, though the Detention Standards encourage

6

Detention Operations Manual, Detainee Services, Standard 9, Section I.
The Florence Project is a nonprofit legal service organization that provides free legal services to men, women and
children detained by the Bureau of Immigration and Customs Enforcement (ICE). Further information can be found
at http://www.firrp.org.
8
Detention Operations Manual, Detainee Services, Standard 16, Section I.
9
Detention Operations Manual, Detainee Services, Standard 16, Section I.
10
Detention Operations Manual, Detainee Services, Standard 16, Section III.A.
7

8

more generous limits when possible.11

The Facility must allow visitation by

immediate family members and other relatives, friends, and associates.12
Each Detainee is permitted one 30 minute, non-contact visit per week.
However, visits with non-legal professionals, i.e. anyone who is not an attorney,
paralegal, or otherwise associated with a Detainee’s legal case, are privileges that
may be taken away.

Detainees who are housed in segregation units for

administrative or disciplinary reasons are not allowed these visits. Detainees may
be visited by up to two individuals during this 30 minute period, but the period may
not be shared with a third visitor. Children are allowed to visit if escorted by a
parent or guardian. Facility staff search each Detainee via an over-the-clothing
pat-down method before and after each visit. Visitors to the Facility must show
valid identification to Facility staff prior to visiting a Detainee.
Visits with non-legal professionals – typically friends and family – occur in
one of the 20 visit stalls located in the Facility’s visiting room. The visit stalls each
contain a glass partition that separates the Detainee from his or her visitor(s) and a
telephone to allow the Detainees and visitors to talk.
A visitation schedule is posted in the lobby area of the Facility. Visitation
hours differ for male and female Detainees.

According to the schedule, male

Detainees are allowed visits between 8:00 a.m. and 11:00 a.m. on Sundays, and
from 6:00 p.m. to 8:00 p.m. on Tuesdays, Thursdays, Fridays, and Saturdays.
However, in one of the Facility’s male dormitories, Friday visiting hours were

11
12

Detention Operations Manual, Detainee Services, Standard 16, Section III.H.1.
Detention Operations Manual, Detainee Services, Standard 16, Section III.H.2.

9

crossed out – it was not clear whether this applied solely to the specific dormitory or
the Facility as a whole. Female Detainees are allowed visits between 1:00 p.m. and
3:00 p.m. on Sundays and from 6:00 p.m. to 8:00 p.m. on Mondays. However, visits
are not permitted on New Year’s Eve, New Year’s Day, Good Friday, Memorial Day,
Labor Day, Thanksgiving, Christmas Eve, or Christmas Day.
Visits by legal professionals such as attorneys, paralegals, and approved
experts are by right and are unlimited in number and unrestricted as to time.
However, a legal professional must provide advance notice to the Facility and must
show proper identification, such as a bar association card, upon entry to the
Facility.

These visits take place in one of ten full-contact conference rooms

designated for this purpose in the Facility. The conference rooms have a door for
privacy, but the walls contain plastic windows so that visits may be visually
observed by Facility staff.

Visiting legal professionals and Detainees are not

physically separated in these conference room. One of the conference rooms is set
up for videoconferencing use, but was not yet available for use at the time of the
Delegation’s visit.

Interpreters and electronic telephonic language lines are

available as necessary for these visits.
While most of the Detainees interviewed were aware of the visitation hours,
at least one stated that he did not know of them.13 Most of the Detainees are visited
regularly by family and/or friends but visits by attorneys and other legal
professionals appear to be relatively rare. At least one of the Detainees stated that

13

Detainee interview notes of

(b)(6)

10

the visitation policies do not allow for enough visits.14

None of the Detainees

interviewed had ever requested special arrangements for a visit (e.g. a visit outside
of normal visiting hours); therefore the Delegation does not know whether or how
the Facility would accommodate such requests.
D.

Access to Telephones and Correspondence

The Detention Standards require Detainees be allowed to send and receive
correspondence in a timely manner, subject to limitations required for safety,
security, and orderly operation of the Facility.15

General correspondence is

normally opened and inspected for contraband in the presence of the Detainee, but
may be opened and even read outside the presence of the Detainee if security
reasons exist for doing so.16 Special correspondence, which includes all written
communication to or from attorneys, legal representatives, judges, courts,
government officials, the news media, is treated differently.17

Incoming special

correspondence can be inspected for contraband only in the presence of the
Detainee, but it can never be read or copied.18 Outgoing special correspondence
cannot be opened, inspected, or read.19
The Detention Standards also require that the Facility provide Detainees
with reasonable and equitable access to telephones.20

14

In order to meet this

Detainee interview notes of
(b)(6)
Detention Operations Manual, Detainee Services, Standard 4, Section I.
16
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B & E.
17
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B, E, & F.
18
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B & E.
19
Detention Operations Manual, Detainee Services, Standard 4, Sections III.B & F.
20
Detention Operations Manual, Detainee Services, Standard 15, Sections I & III.A.
15

11

standard, the Facility is required to provide at least one telephone for every 25
Detainees and written telephone access rules to each Detainee.21
Generally, Detainees are allowed unlimited use of the telephones between
9 a.m. and 10 p.m. However, calls to anyone other than a Detainee’s attorney are a
privilege that can be taken away. All non-attorney calls are monitored for content
and recorded. In addition, the Detainee is allowed to call his or her attorney, at any
time. While such calls are monitored, they are not monitored for content, and are
not recorded. Guards will take written phone messages for Detainees, as well as
deliver faxed messages from attorneys. Faxed messages are to be delivered the
same day such messages are received, and a copy of the same are kept in the
Detainee’s file.

All collect calls have a $3.95 service charge. Additional charges

include $0.50 per local call; $0.69/minute per Inter-LATA and Intra-LATA calls; and
$0.89/minute per Interstate calls.

Each dormitory has one or two pods, which

usually contain three telephones each. The telephone system has a language line
that provides dozens of foreign language interpretation options.
Several of the Detainees complained that telephone calls are too expensive.22
Most of the Detainees noted that they know how to use the Facility’s telephone
system for incoming and outgoing calls, and that there is rarely a wait for using the
telephones.23 None of the Detainees typically receive incoming calls; so they could
not confirm whether the Facility staff is diligent about delivering telephone
messages to Detainees. However, several Detainees noted that they had not timely

21

Detention Operations Manual, Detainee Services, Standard 15, Sections III.B & C.
Detainee interview notes of
(b)(6)
23
Detainee interview notes of
22

12

received faxes at the Facility.24 One Detainee recounted that he had received a fax
from his attorney nearly three weeks after it was sent.25
One of the Detainees reported receiving mail that had been opened, but he
was not sure whether it had been intentionally opened or merely improperly
addressed.26
IV.

Other General Observations
A.

Recreation

The Detention Standards require the Facility to provide Detainees with
access to recreational programs and activities, under conditions of security and
supervision that protect their safety and welfare.27 Every effort is to be made to
provide outdoor recreation facilities, but, if such facilities are not available, the
recreation room must be large, contain exercise equipment, and have access to
sunlight.28 The Facility is required to designate an individual responsible for the
development and oversight of the recreation program.29 According to the Detention
Standards, the recreation area should “offer a variety of fixed and movable
equipment.” Dayrooms at detention facilities should offer “board games, television,
and other sedentary activities.”

Further, cardiovascular exercise should be

available to Detainees for whom recreation is unavailable.
Detainees at the Facility are allowed one hour of recreation, three times a
day.

However, only male Detainees are allowed to use the outdoor recreation

24

Detainee interview notes of
Detainee interview notes of
(b)(6)
26
Detainee interview notes of
It is not apparent whether this Detainee was aware that the Detention
Standards allow the Facility to open Detainees’ mail.
27
Detention Operations Manual, Detainee Services, Standard 13, Section I.
28
Detention Operations Manual, Detainee Services, Standard 13, Section I.
29
Detention Operations Manual, Detainee Services, Standard 13, Section III.F.
25

13

facility and, to prevent injury, they are not allowed to run or play ball. Female
Detainees are restricted to the gym, which does not appear to contain any
equipment. The reason given for keeping female Detainees from the outdoor facility
is that it is visible to the male Detainees.
The Detainees noted that daily recreation is permitted depending on the
weather, but that the recreation activities are severely limited.30 The Detainees
reported different information regarding the amount of recreation allowed – one
Detainee noted that recreation was allowed in one-hour increments three times a
day, but another stated that recreation was allowed only one hour per day.31 The
Detainees generally agreed that the lack of equipment severely limited the type of
recreation activities available to Detainees. 32 The Detainees noted that recreation
is limited to walking or sitting.33

However, one Detainee noted that indoor

recreational activities include television programs, books, and board games. 34
B.

Access to Medical Treatment

The Detention Standards require that all Detainees have access to medical
services that promote health and general well-being.35 The Facility is required to
maintain regularly scheduled “sick call” times, during which medical personnel are
available to see Detainees who have requested medical services.36

The Facility

must also promulgate procedures for emergency medical care. 37 If a Facility staff

30

Detainee interview notes of
Detainee interview notes of
32
Detainee interview notes of
(b)(6)
33
Detainee interview notes of
34
Detainee interview notes of
35
Detention Operations Manual, Health Services, Standard 2, Section I.
36
Detention Operations Manual, Health Services, Standard 2, Section III.F.
37
Detention Operations Manual, Health Services, Standard 2, Sections III.A, III.D, and III.G.
31

14

member is uncertain whether a Detainee requires emergency medical care, he or
she must immediately contact a health care provider or an on-duty supervisor.38

If

a Detainee is diagnosed with a medical or psychiatric condition that requires special
attention, the medical care provider is required to notify the OIC in writing.39 The
Facility has two nurses on staff and a physician visits several times a week. The
Facility does not offer mental health services.
Though the Facility staff stated that all medicines are supplied, the
Delegation heard numerous complaints about the inadequacy of the Facility’s
medical treatment. Several Detainees claimed that they had not received their
individual medications for several weeks and one Detainee noted that he was
informed that he could not have a blood sugar test unless he paid $5.00 for the test.
One Detainee claimed that he has not been administered his AIDS medicine.40
Another stated that he suffers from a hernia that has not been treated.41 Another
Detainee stated that he had been denied medical attention and threatened with
strict detention – meaning that he would be sent to the maximum security facility
in town – if he complained again.42

He did not indicate the reason he needed

medical attention. Another Detainee, who had never required medical assistance
while in the Facility, told members of the Delegation that he knew of a Detainee
who had been sent to a segregation unit for refusing medication.43

Another

Detainee stated that he experiences severe pain caused by dental problems but is
38

Detention Operations Manual, Health Services, Standard 2, Sections III.H.
Detention Operations Manual, Health Services, Standard 2, Section III.J.
40
Detainee interview notes of
41
Detainee interview notes of
(b)(6)
42
Detainee interview notes of
43
Detainee interview notes of
39

15

often made to wait several days for pain medication.44

At the time of the

Delegation’s visit, that Detainee had been waiting for a month for the INS to
process a required approval for dental surgery.45
One of the Detainees stated that he had been denied a low-salt diet required
for medical reasons.46 In addition, another Detainee disputed the Facility staff’s
claim that dietary needs are accommodated and reported that he had been told to
throw out what he could not eat.47 Detainees with special dietary needs are not
served until after other Detainees are48 served.
Some Detainees noted that they were aware of the procedures for requiring
medical assistance and had never been denied medical attention.49 One of these
Detainees stated, however, that the Facility does not provide interpreters for
medical visits.50
C.

Grievance Procedures

The Detention Standards require that the Facility develop and implement
standard procedures for handling Detainee grievances, and encourage that the
Facility try to resolve grievances informally if possible.51

In addition, translation

assistance for grievances must be provided upon request.52 The Facility is also
required to establish a reasonable time limit for: (i) “processing, investigating, and

44

Detainee interview notes of
(b)(6)
Detainee intervie
46
Interview notes of
(b)(6)
47
Interview notes of
48
Detainee interview notes of
(b)(6)
49
Detainee interview notes of
50
(b)(6)
Detainee interview notes of
It was not clear to the Delegation representatives whether an
interpreter could be obtained for a Detainee who spoke no English but needed medical treatment.
51
Detention Operations Manual, Detainee Services, Standard 8, Sections I & III.A.
52
Detention Operations Manual, Detainee Services, Standard 8, Sections III.A.1 and 2.
45

16

responding to grievances;” (ii) “convening a grievance committee to review formal
complaints;” and (iii) “providing written responses to Detainees who have filed
formal grievances, including the basis for the decision.”53

All grievances must

receive supervisory review, include guarantees against reprisal, and allow for
appeals.54 Finally, the Detention Standards state that Detainee Handbooks are to
provide an explanation of grievance procedures, including the procedures for
appealing decisions to the ICE, and information on how to file a complaint about
officer misconduct directly with the Justice Department.
Overall, the Detainees were aware of the Facility’s grievance procedures. At
least one of the Detainees who complained about a roommate was satisfied with the
outcome.55 The roommate was removed, and the complaining Detainee suffered no
retaliation.56 However, another Detainee stated that he was afraid to complain
because he felt that complaining would make things worse.57 Also, several of the
Detainees noted that they had never received responses to their complaints.58 For
example, one Detainee noted that he had complained repeatedly about chronic pain
caused by his mattress but that these complaints had not yet been addressed or
resolved.59
One of the Detainees stated that he and other Detainees had recently filed a
joint grievance relating to an incident in which a Facility guard refused to change

53

Detention Operations Manual, Detainee Services, Standard 8, Section I.
Detention Operations Manual, Detainee Services, Standard 8, Sections I and III.C.
55
Detainee interview notes of
56
Detainee interview notes of
(b)(6)
57
Detainee interview notes of
58
Interview notes of
(b)(6)
59
Detainee interview notes of
(b)(6)
54

17

at least one of the televisions in the dormitory to a Spanish language channel.60
The guard was relocated after this incident.
D.

Religious Services

The Detention Standards require that Detainees be provided with reasonable
and equitable opportunities to participate in the practices of their respective
faiths.61 According to the Detention Standards, these opportunities are to “exist for
all [Detainees] equally, regardless of the number of practitioners of a given religion,
whether the religion is ‘mainstream,’ …or other such factors.”

Further, the

opportunities are to be “constrained only by concerns about safety, security, orderly
operation, or extraordinary costs associated with a specific practice.”62

The

Facility’s staff is to make “all reasonable efforts to accommodate” special food
services necessitated by a Detainee’s religion.63
The Facility provides a non-denominational religious service in both English
and Spanish every Sunday.

In addition, the Facility provides counseling via

Christian clergy. Special diets, including vegetarian and pork-free, are available to
Detainees.

While Detainees are permitted to keep a Bible or Koran in their

personal possession, they are not permitted to keep crosses or other religious items.
Four of the Detainees interviewed identified themselves as Christian, two
expressed no particular religious affiliation, and two did not address their religious
beliefs at all. Most of the Detainees were aware that the Facility offers weekly
religious services, but none appeared to attend regularly. One Detainee noted that
60

(b)(6)
Detainee interview notes of
Detention Operations Manual, Detainee Services, Standard 14, Section I.
62
Detention Operations Manual, Detainee Services, Standard 14, Section I.
63
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.

61

18

he was not sure whether the Facility accommodated dietary restrictions related to
religion and noted that he found it difficult to remain a vegetarian in the Facility.64
It was also mentioned that free Bibles were provided to Detainees but that Korans
had to be purchased.65 While none of the Detainees reported being subjected to
harassment based on his religion, one Detainee noted that the Facility did not allow
him to wear religious symbols or clothing.66
E.

Documents and Supplies

The Detention Standards require the Facility to ensure each Detainee can
obtain photocopies of legal materials when such copies are reasonable and
necessary for the Detainee’s legal proceedings.67 Enough copies should be provided
so that a Detainee can fulfill court procedural rules and retain copies for his or her
records.68 Facility staff are not supposed to read any document that on its face is
clearly related to a Detainee’s legal proceeding.69
Detainees are permitted to keep legal documents in their lockers but a few
Detainees complained that their documents were disrupted during inspections.70
Though some Detainees were aware of the procedures for making photocopies, they
reported different photocopy costs ranging from 15 cents per page to 25 cents per
page.71 Photocopies are made by Facility staff and are usually provided to the
Detainees within 24 to 48 hours of their written request. One Detainee noted that

64

(b)(6)
Detainee interview notes of
– the Detainee is a vegetarian for health, not religious, reasons.
Interview notes of
(b)(6)
66
Detainee interview notes of
.
(b)(6)
67
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
68
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
69
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
70
Interview notes of
(b)(6)
71
Detainee interview notes of
(b)(6)

65

19

his photocopies were returned in a “mutilated” state.72

Detainees reported that

they are allowed three stamps and five sheets of paper per week at no cost, and that
additional supplies were available from the commissary.73

However, several

Detainees complained that the commissary prices for supplies and other items are
too expensive.74
F.

Volunteer Work Programs

The Detention Standards require all facilities with work programs to provide
Detainees with the opportunity to work and earn money.75

Detainees who are

physically and mentally able to work must be allowed the opportunity to participate
in any voluntary work program.76 The Detention Standards require facilities to
permit physically and/or mentally challenged Detainees to undertake “appropriate
work projects.”77
The Detainees’ reports on work programs varied.

At least one Detainee

stated that the Detainees were not eligible for work programs and thus had no
means of earning money.78 However, another Detainee noted that he was aware of
the program, but chose not to participate.79 Finally, another Detainee mentioned
that the only work Detainees are permitted to do is clean the common areas of the
Facility.80
H.

Dormitories

72

Detainee interview notes of
Detainee interview notes of
(b)(6)
74
Detainee interview notes of
75
Detention Operations Manual, Detainee Services, Standard 17, Section I.
76
Detention Operations Manual, Detainee Services, Standard 17, Section III.A.
77
Detention Operations Manual, Detainee Services, Standard 17, Section III.G.
78
Interview notes of
(b)(6)
79
Detainee interview notes of
(b)(6)
80
Detainee interview notes of
73

20

The male Detainees are housed in open dormitories with two wings of 32
bunk beds. Female Detainees are housed in one dormitory with 32 bunk beds.
Clothing and linens are changed on a weekly basis, and Detainees each receive
three fresh sets.
Several of the Detainees complained about the sleeping situation in the
Facility dormitories.81

They noted that the mattresses were very thin and

uncomfortable, and that the dormitories were very noisy. 82

While no one was

required to sleep on the floor at the time of the Delegation’s visit, it was noted that
there were mattresses on the floor of the female dormitory in case of overload.
Several of the Detainees indicated that they did not know whether they were
classified as Level 1, 2, or 3,83 and some Detainees complained about being
intermingled with Inmates.84 At least one of the Detainees signed a petition asking
that Detainees and Inmates be housed separately.85 However, at least one Detainee
noted that he had never been intermingled with Inmates.86
One of the Detainees relayed an extremely disturbing story about a fellow
Detainee who was housed in a dormitory with Inmates. 87 Approximately one week
before the Delegation’s visit, an Inmate forced his penis into the mouth of a sleeping
Detainee.88 The victim reported the incident to the Facility staff and the Inmate

81

Detainee interview notes of
(b)(6)
Detainee interview notes of
83
Detainee interview notes of
84
(b)(6)
Detainee interview notes of
Without knowing the classification levels of the interviewed
Detainees, it is not possible for the Delegation to determine whether the Facility’s intermingling policy is followed.
85
Detainee interview notes of
86
Detainee interview notes of
(b)(6)
87
Detainee interview notes of
88
Detainee interview notes of
82

21

was transferred to another dormitory.89 Currently, the Detainee is attempting to
press charges against the Inmate.90 The interviewed Detainee blamed the incident
on poor supervision by Facility staff and expressed frustration that, even after this
incident, Detainees and Inmates continue to be intermingled without proper
supervision by Facility staff.91

V.

Recommendations
A.

Law Library and Legal Materials

We recommend that attention be given to the legal library at the Facility.
Currently only one computer (with CD-ROM access to LEXIS) is available to all of
the Detainees (and Inmates) at the Facility. This provides a number of advantages
in that (i) it allows access to a large amount of legal material that is
updated periodically, (ii) it does not have the expenses and upkeep requirements
of a "paper" library, (iii) it is mobile, and (iv) it does not take up a great deal of
space at the Facility.
Unfortunately, the detriments of this "one-computer library" far outweigh the
benefits. First of all, it must be shared by approximately 400 Detainees and
Inmates. If there were a demand for the use of this computer, it would be difficult
for access to be had by the Detainees and Inmates because only one person at a time
can use it. Also, most of the Detainees (i) do not speak and/or write English well,
(ii) do not have much, if any, of a formal education, and (iii) have little, if any,

89

Detainee interview notes of
Detainee interview notes of
91
Detainee interview notes of
90

(b)(6)

22

experience and comfort with using computers.

Using a computer can be

intimidating to many people, even those who have excellent English skills and postsecondary educations. Using LEXIS to search legal materials for specific
information is difficult, even for many attorneys. There were written instructions
available for use of the computer; however, on our visit we learned that many of the
guards and other staff members of the Facility had only a limited idea, if any, of
how to use LEXIS. As a result, Detainees cannot rely on in-house training on the
use of LEXIS by Facility guards or staff.
All in all, we believe the "one-computer library" only creates the appearance
of offering a legal library to Detainees. Though the cost of maintaining a "paper"
library is probably cost-prohibitive, there must be a better way of providing legal
materials to Detainees. Procuring volunteer attorneys for LEXIS training might be
a viable solution; however, training several Detainees on one computer makes this
idea counterproductive. Also, multiple training sessions would probably be required
because, arguably, the only way to learn how to use LEXIS is to use it, and given
the reduced English and educational skills of the Detainees, a great deal of use
would probably be necessary to adequately train them. We recommend that
Detainees have some access to "paper" legal materials, in addition to computer
access. We believe additional computers should be made available for research and
training should be offered and available to Detainees. Additionally, "paper"
materials in English and Spanish would be useful. We do not believe that these
recommendation are the perfect solution; however, the current access to legal
materials is extremely deficient and in need of modification.
23

B.

Recreation for Female Detainees

At the time of the Delegation’s visit, female Detainees were not permitted
outdoor recreation. We believe that female Detainees should be given access to
outdoor recreation opportunities.
VI.

Conclusion
While we felt that the Facility was clean and orderly, we strongly believe that

changes must be implemented in the Facility’s law library in order to provide
Detainees with the required access to legal materials.

In addition, female

Detainees should have access to outdoor recreation like the male detainees.

(b)(6)

Holland & Knight LLP
131 South Dearborn Street
Chicago, Illinois 60603-550

24

6312.263.3600

# 2190353_v6-9/10/2004

25

Response to the Kenosha County Detention Center (KCDC) ABA Report
Detainee Handbook
The report claims that there are many deficiencies in the KCDC Detainee Handbook.
This finding is unfounded. KCDC uses locked, wall-mounted bulletin boards to inform
detainees of jail policy and procedures. The administration has found this method to be
more reliable and cost efficient than handbooks, which can be torn up, worn out or
thrown away. KCDC complies the intent of the Standard by making sure the detainees
are well informed of policies and procedures by posting the information in the housing
units.
Law Library
KCDC was not designed to have a separate room functioning as a Law Library. The
Standards require “a designated room with sufficient space to facilitate detainees’ legal
research and writing”. Each housing unit has a multi-purpose room, which is used for
classes, programs, etc. Detainees use the Law Library computer in this room and are
afforded privacy as needed to complete their legal research. The Law Library computer
is not available to general population inmates as stated in the report.
The Detention Standards state that INS would provide the materials listed in “Attachment
A” and that INS would update and maintain these materials. It was determined that this
would be cost prohibitive and INS stopped issuing these materials after the first sets were
issued and replaced them with the LexisNexis Law Library on CD-ROM. The Law
Library is maintained on a computer dedicated for use by ICE detainees and is not
available to the county inmate population as erroneously stated in the report. The facility
administration monitors the use of the ICE Law Library computer and will add additional
equipment if indicated by detainee usage. To date, this has not been necessary.
Telephone Access
KCDC allows ICE detainees to request the opportunity to use a private phone to
make legal calls. The facility will take emergency messages for ICE detainees but, with a
total inmate population of 400, is not equipped to take messages that are personal in
nature. Detainees are informed about the telephone policy in the housing unit.
Recreation
Female detainees do not have access to Outdoor Recreation at this facility due to the fact
that all such rec areas can be observed from male housing units. Female detainees have
one hour of rec per day in the gym. The majority of female ICE detainees are usually
housed at this facility for only 2 – 3 months and are therefore within the 180-day time
limit for facilities without outdoor rec. This is being monitored and, after 180 days,
female detainees are offered the opportunity to move to a facility offering outdoor rec.
Work Programs
This facility does not pay inmate workers but compensates them with time off their
sentence. For this reason, ICE detainees can’t work in the kitchen, laundry, or janitorial

areas. ICE detainees do participate in the daily cleaning of housing units that all inmates
and detainees are required to do. There is no compensation for this work.

Medical Treatment – Dental Care
A dentist visits the jail on a regular schedule very two weeks. While arriving detainees
do not receive a specific dental screening by a dentist, this is included in the general
physical and medical screening that arriving detainees are given. Dental issues, which
are identified at this time, are referred to the dentist.