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MEMORANDUM

Moscow

Tokyo

August 21, 2007

New Jersey

Washington, D.C.

To:
From:
Copies to:
Subject:

John P. Torres, Director, Office of Detention and Removal, Immigration and
Customs Enforcement
American Bar Association Delegation to the Kenosha County Detention Center1
b6
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 12, 2007 visit to the Facility. The information was gathered via observation of
the Facility by the delegation, interviews with six detainees, and discussions with KCDC and
Immigration and Customs Enforcement (“ICE”) personnel.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service2 promulgated the
“INS Detention Standards” (the “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. The Standards apply to ICE-operated detention centers and other facilities that
house immigration detainees pursuant to a contract or intergovernmental service agreement
(“IGSA”).
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 were designed to establish minimum requirements to which
ICE must adhere in its facilities; and constitute a floor rather than a ceiling for the treatment of
immigration detainees. Each Field Office or Officer-in-Charge has discretion to promulgate

1

The delegation was comprised of attorneys and summer associates from the Chicago office of Latham & Watkins
b6
b6
LLP, including
and
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”).

polices and practices affording ICE detainees enhanced rights and protections, beyond those
provided for by the Standards.
II.

INTRODUCTION
A.

The Delegation’s Visit, July 12, 2007

On Thursday, July 12, 2007, the members of our delegation met with several
members of KCDC’s staff and a representative from ICE. Detention Officer Corporal b6, b7c
b6, b7c
b6, b7c
and ICE Deportation Officer Agent
led our delegation on a tour of the
3
b6
b6
facilities. The delegation also met with Hea
and Pastor
, additional
KCDC personnel. The delegation appreciates the co
these individuals. They were
direct and accommodating during our tour of the Facility.
This report is based on the discussions we had with KCDC and ICE employees, as
well as observations of the Facility and interviews with six 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. However, in certain
instances, the detainees’ reports conflicted with statements made by facility personnel. Where
we were unable to reconcile the conflicting reports, the delegation was unable to determine
conclusively whether the Standards are being met.
B.

General Information About the Kenosha County Detention Center

The Kenosha County Detention Center houses federal immigration detainees
according to an IGSA with ICE. According to the KCDC personnel, the Facility has the capacity
to hold 1200 individuals, with a current population of 728 inmates, of which 108 are immigration
detainees.4
III.

LEGAL ACCESS STANDARDS
A.

Legal Access/Visitation
1.

Visitation by Attorneys

Detention centers should permit visits from attorneys, other legal representatives,
legal assistants, and interpreters.5 The Standards require that 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.7 The visits must be
3

Sergeant
A hereto.

b6, b7c

led our delegation on a tour of the Kenosha County Pre-Trial Facility. See Appendix

4

July 12, 2007 General Population Information Sheet, Ex. A hereto.

5

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.

6

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

7

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

2

private, and should not be interrupted for head counts.8 Legal visitations may proceed through
scheduled meal periods.9 Facilities should establish a procedure by which attorneys may call to
determine whether a detainee is housed in a particular facility.10
KCDC has met some of this section of the Standards, but attorney-client meetings
are recorded.
Attorneys may visit the detainees seven days per week, and there is no limit on the
number of visits allowed.11 Legal visitation hours are from 8:00 a.m. to 8:00 p.m.12 However,
legal visits are interrupted for lunch from 11:00 a.m. to 1:00 p.m., and for dinner from 4:00 p.m.
to 6:00 p.m.13 Legal visits are “contact” and take place in individual attorney visiting rooms.14
Legal visits on holidays must be set up in advance, and are non-contact visits.15 Attorney visits
are private, unless the attorney requests that an officer be present in the room during the visit.16
All conversations in the attorney-client meeting rooms are recorded.17 After the meeting the
tapes are marked “privileged” and stored in a locked storage container.18 After attorney
meetings the detainees are given a pat-down search, but are not strip searched.19 Most of the
detainees interviewed by the delegation were aware of the visitation hours and rules for visits
with attorneys.20
Attorneys may also have telephone conferences with their clients.21 KCDC requests
that attorneys arrange for conference calls at least twenty-four hours in advance, but exceptions
can be made in emergencies.22 These calls are not monitored or recorded.23

8

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.

9

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

10

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.

11

Notes of delegation member
Corporal b6, b7c

on observation of legal visiting schedule and conversation with

12

Notes of delegation member

on conversation with Corporal

13

Notes of delegation member

on conversation with Corporal

14

Notes of delegation member

on conversation with Corporal

15

Notes of delegation member

b6

b6,b7c

on observation of legal visiting schedule.

16

Notes of delegation member

on conversation with Corporal

17

Notes of delegation member

on conversation with Corporal

.
.
b6,b7c

18

Notes of delegation member

on conversation with Corporal

.

19

Notes of delegation member

on conversation with Corporal

.

20

b6, b7c
elegation member
on interview with detainee
; notes of delegation member
b6, b7c
b6
, on interview with detainee
notes of delega
on interview
b6, b7c
b6
b6, b7c
with detainee
notes of delegation member
on interview with detainee
b6

21

Notes of delegation member

22

Notes of delegation member

23

Notes of delegation member

on conversation with Corporal
b6

on conversation with Corporal
on conversation with Corporal

3

b6,b7c

Attorneys visiting detainees are required to show a bar card to enter the facility.24
Attorneys are not searched before or after legal visits, but must pass through a metal detector
upon entering the facility.25 None of the policies governing legal visits are contained in the
inmate handbook,26 however, the legal visiting hours are posted in KCDC’s main lobby.27
2.

Visitation by Family and Friends

To maintain detainee morale and family relationships, the Standards encourage
visits to detainees by family and friends.28 The Standards require that facilities establish written
visitation hours and procedures, post them where detainees can see them, and make them
available to the public.29 This includes creating procedures for the handling of money for
detainees.30 The visiting area is to be “appropriately furnished and arranged, and as comfortable
and pleasant as practicable.”31 Visiting hours shall be set on Saturdays, Sundays, and holidays,
and the Standards encourage facilities to accommodate visitors at other times when a detainee is
facing a particular hardship.32 Visits should be at least thirty minutes long, and longer when
possible.33 If a facility does not provide for visits from minors, ICE should arrange for visits
with children or stepchildren within the detainee’s first thirty days at the facility, with continuing
monthly visits.34
KCDC has met some of this section of the Standards related to visitation, but
visitation hours remain limited in duration to 20-30 minutes and are not permitted on
holidays.
The visitation schedule and policies for detainees are posted in KCDC’s main
lobby. A sign posted in the lobby states that there will be no visitation allowed by family or
friends on holidays.36 For detained men, visiting hours are from 6:00 p.m. to 8:00 p.m. Tuesday
through Saturday, and from 8:00 a.m. to 11:00 a.m. on Sundays.37 For detained women, the
visiting hours are from 6:00 p.m. to 8:00 p.m. on Mondays and from 1:00 p.m. to 3:00 p.m. on
35

24

Notes of delegation member

on conversation with Corporal
b6

b6,b7c

25

Notes of delegation member

26

Kenosha County Detention Center Inmate Handbook, Ex. B hereto.

27

Notes of delegation member

28

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

29

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

30

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

31

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

32

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.

33

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.

34

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.

35

Notes of delegation member

36

Notes of delegation member

37

Notes of delegation member

on conversation with Corporal

b6

on observation of KCDC entrance lobby.

, on observation of KCDC entrance lobby.
b6

, on observation of KCDC entrance lobby.
, on observation of visiting schedule and conversation with Corporal

b6,b7c

4

Sundays.38 Detainees are allowed one “non-contact” visit per week, which can last between
twenty and thirty minutes. 39 “Non-contact” visits take place in a small cubicle with Plexiglas
dividers, separating the detainee from the visitor.40
Visits are limited to four adult visitors at a time.41 Minors may visit detainees as
long as they are accompanied by an adult. 42 Family visitors are not searched, but are required to
pass through a metal detector upon entering the facility.43 Similarly, all detainees are patsearched following family visits.44 Most of the detainees interviewed by the delegation were
aware of the visitation hours and rules for visits with family and friends.45
The information about visitation that the Facility staff provided during the tour did
not correspond with the visitation polices promulgated in the Inmate Handbook.46 The Inmate
Handbook states that “[g]eneral visiting will be conducted at regular intervals during the week….
A standard visit will be thirty minutes. Duration and frequency of visits may be limited to
accommodate inmate populations.”47 Similarly, the visitation schedule posted in the lobby states
that family visits may be up to thirty minutes.48 However, Facility staff informed the delegation
that detainees are only allowed one family visit a week, and these family visits last
approximately twenty to thirty minutes each.49
Thus, while the Standards require that visiting hours “shall be set on Saturdays,
Sundays, and holidays”50 and that visits “should be at least thirty minutes long, and longer when

38

Notes of delegation member

on observation of visiting schedule and conversation with Corporal

b6,b7c

39

Notes of delegation member

on conversation with Corporal

40

Notes of delegation member

on observation of family visiting area.

41

Notes of delegation member

42

b6,b7c

on conversation with Corporal

b6

Notes of delegation member

.

on conversation with Corporal

.
b6,b7c

43

Notes of delegation member

on conversation with Corporal

.

44

Notes of delegation member

on conversation with Corporal

.

45

Notes of delegation member
on intervi
b6
b6, b7c
tainee

e

on interview with detainee
b6, b7c
note
mber

; notes of delegation member
mber
on
b6
, on intervie
e

b6, b7c

b6

b6, b7c

46

Kenosha County Detention Center Inmate Handbook, Ex. B hereto, at 3; notes of delegation member
b6
on observation of visiting schedule and conversation with Corporal b6,b7c

47

Kenosha County Detention Center Inmate Handbook, Ex. B hereto, at 3.

48

Notes of delegation member

, on conversation with Corporal
b6

.
b6,b7c

49

Notes of delegation member

50

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.

, on conversation with Corporal

5

.

b6

possible,”51 the facility does not have family visiting hours on holidays at all, limits the visits to
twenty to thirty minutes, and limits the number of visits to one per week.52
B.

Telephone Access
1.

General Requirements

All ICE detainees should have “reasonable and equitable access” to telephones.53
The Standards suggest that detention facilities should have one working phone per twenty-five
detainees.54 In order to ensure access, the telephones should be kept in working order and
inspected regularly by facility staff.55 Each detainee should also be informed in writing of the
telephone access rules upon admittance, and the rules should be posted in the dorms.56
KCDC appears to have met this section of the Standards.
There are six to eight telephones in each of the housing units, and each unit holds up
to sixty-four detainees.57 This exceeds the ratio recommended by the Standards. The phones are
inspected once a week to make sure they are in working order.58 The instructions for using the
telephone are printed clearly on the phones and also were played through the telephone receiver
upon lifting the phone.59 Although both sets of instructions were accurate, they seemed to create
potential confusion by providing two different ways of entering a detainee’s A number.60 The
phones are available to the detainees from the hours of 9:00 a.m. to 10:00 p.m. when the
detainees are in the dorms, and the detainees do not need permission to use the phones.61 The
es appear to have access to the phones as recommended by the Standards. Detainee
b6, b7c
reported that many inmates use the phones, and during our tour of the facility we
d the phones being used.62

51
52

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
Notes of delegation member

b6

on observation of visiting schedule and conversation with Corporal

b6,b7c

53

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

54

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

55

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

56

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

57

Notes of delegation member

, on observation and conversation with Corporal

58

Notes of delegation member

, on conversation with Corporal

59

Notes of delegation member

60

Notes of delegation member

, on observation of telephone call.

61

Notes of delegation member

, on conversation with Corporal

62

Notes of delegation member

b6

b6

b6,b7c

b6,b7c

, on observation of telephone call.

b6,b7c

.

on observation and interview with detainee

6

b6, b7c

2.

Direct, Free, and Collect Calls

Although the Standards permit the Facility to generally limit detainees to making
collect calls, in certain situations the detainees must have the opportunity to make direct calls.63
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.64 In addition, detainees must be allowed to make direct calls in case of a personal or
family emergency.65 The facility must enable the detainees to make calls to free legal service
providers and consulates at no charge to either party.66
KCDC appears to have met this section of the Standards. Generally the
detainees may only make collect calls from the phones in the dorms.67 However, 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.68 The list of these pre-programmed numbers was clearly
posted in English and Spanish on the wall of the dormitory.69 A brief test of the phone to call the
immigration court revealed that the phones
working condition and could connect to the
selected numbers for no charge.70 Detainee b6, b7c stated that he calls his attorney for free.71
b6, b7c
noted that a call to his family in
ky could cost as much as $4
aking
e calls prohibitively expensive for him.72 Detainees b6, b7c and b6, b7c echoed
b6, b7c
comments regarding the exorbitant expense of making calls. 3
3.

Privacy for Telephone Calls on Legal Matters

Detainees should have privacy to use the phone for legal matters,74 and while most
calls may be monitored, detainees should have the option to have legal phone calls which are not
monitored.75 Detainees should be informed that their calls are being monitored.76
KCDC appears to have met this section of the Standards. All phone calls
made by detainees are monitored and the detainees are notified of this by a recording which
63

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

64

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.1-5.

65

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.6.

66

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

67

Notes of delegation member

on conversation with Corporal

.
b6,b7c

68
69

Notes of delegation member

on conversation with Corporal

Notes of delegation member

.

, on observation and conversation with ICE Officer
b6

70

Notes of delegation member

on observation of phone call.

71

Notes of delegation member

on conversation with detainee

72

Notes of delegation member

on conversation with detainee

73

Notes of delegation member

74

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

75

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

76

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

b6, b7c

b6

on conversation with

7

b6, b7c

and

b6, b7c

b6,b7c

plays at the beginning of each phone call.77 This monitoring can be switched off, however, for
legal phone calls.78 Detainees and/or their counsel can request private phone calls.79 To request
a private phone call, the attorney must fax a request to the Facility twenty-four hours prior to the
requested call, and the officers will then arrange the call in a private room.80
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.”81
KCDC does not fully meet the sections of the Standards that govern access to library
and legal materials.
1.

Access to the Library

The Standards state 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.”82
The Standards further state that the library “shall contain a sufficient number of tables and chairs
in a well-lit room.”83
The Standards state 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.84 Each detainee shall be permitted to use the law library for a minimum of five
hours per week.85
KCDC does not meet this section of the Standards: there is no law library;
three detainees were unaware that immigration materials are available; and two detainees
reported that their requests to use the computer were either denied or only granted after
one week.

77

Notes of delegation member

78

Notes of delegation member

on conversation with Corporal
on conversation with Corporal
b6

b6,b7c

79

Notes of delegation member

on conversation with Corporal

80

Notes of delegation member

on conversation with Corporal

81

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

82

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

83

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

84

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

85

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

8

KCDC does not have a legal library.86 Instead, computers with Lexis Nexis are
accessible to detainees.87 Detainees must request computer use a day prior to when they would
like access.88 The computer is on a cart and can be wheeled from room to room.89 Although it
can be moved to different locations,90 there was no indication that it was usually used in a quiet
or well-lit area. The computer is available any time the dayroom is open, and there is no time
limit on how long a detainee may use the computer.91 The Facility staff reported that there is
rarely a wait to use the computer.92
Detainee b6, b7c stated that he has used the computer to view information about
immigration law.93 H
he said that his requests for computer use are usually granted
b6
about a week after he makes the request.94 Detainee
reported that on se
casions,
his requests for computer use were denied.95 Both detainee b6, b7c and detainee b6, b7c stated
that they were unaware of any immigration materials that w
ilable to them and do not
know of anyone who has ever used such materials.96 Neither of these two detainees had heard of
Lexis Nexis.97 Detainee b6, b7c was similarly not aware that immigration materials were
available to him.98
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.99 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.100 Damaged or stolen materials
must be promptly replaced.101

86

Notes of delegation member

on conversation with Corporal

.

87

Notes of delegation member

on conversation with Corporal

.

88

Notes of delegation member

on conversation with Corporal

.

89

Notes of delegation member

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 members

94

Notes of delegation members

95

Notes of delegation members

96

Notes of delegation member

b6

on conversation with Corporal

and
b6

and

b6,b7c

.

, on conversation with detainee
, on conversation with detainee

b6

and

, on conversation with detainee

on conversations with detainees
b6

and
b6, b7c

97

Notes of delegation member

98

Notes of delegation member

99

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

on conversations with detainees
b6

b6, b7c

, on conversation with detainee

100

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

101

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

9

b6, b7c

and
b6, b7c

KCDC does not fully meet this section of the Standards; no hard copies of
materials are provided. KCDC does not have hard copies of books and provides legal
information only on a computer.102 Officers will assist detainees in using the computer and in
translating.103 However, it is not clear how often this occurs and how many officers are willing to
do this.
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.104 Staff should have weekly inspections to ensure
that the equipment is in working order and that supplies are stocked.105 Indigent detainees
should be able to obtain free envelopes and stamps for legal mail.106
It is unclear whether KCDC fully meets this section of the Standards; one
detainee reported that indigent detainees do not receive free stamps. Detainees do have
access to pens, paper, and office supplies.107 They can buy these items from the commissary and
are able to purchase these items even if their commissary privileges are taken away.108
According to Corporal b6,b7c if detainees are indigent, they receive, free of charge, supplies
for two to three personal letters a week and unlimited supplies for legal use.109
Detainee b6, b7c stated that has he been given pens, paper, envelopes, and stamps
10
when he has requested
He has also been able to print documents free of charge.111
Detainee b6, b7c also has access to pens, papers, computers, and office supplies.112 He knows of
many peo
wever, who do not have the money to pay for stamps, and are not given free
stamps.113

102

Notes of delegation member

, on conversation with Corporal
b6

103

Notes of delegation member

104

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

105

Detentions Operation Manual, Detainee Services, Standard 1, Section III.B.

106

Detentions Operation Manual, Detainee Services, Standard 1, Section III.N.

107

Notes of delegation member

108

Notes of delegation member

109

Notes of delegation member

110

Notes of delegation members
Notes of delegation members

112

Notes of delegation member

113

, on conversation with Corporal

b6

, on conversation with Corporal
, on conversation with Corporal
and

.
b6,b7c

.
.

on conversation with detainee
b6

b6,b7c

and

on conversation with detainee

on conversation with detainee
b6

Notes of delegation member

.

, on conversation with Corporal

b6

111

.
b6,b7c

b6,b7c

on conversation with detainee

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.114
KCDC does not meet this section of the Standards; detainees are not allowed to
assist others with computer research. Only one detainee is allowed to use the computer at a
time and detainees are not allowed to assist each with legal research while at the computer.115
However, detainees are allowed to talk before or after about the information they found or
questions they have.116 As discussed above, the staff indicates that guards are available to
translate and give computer assistance117 but we were not able to ascertain if this actually occurs.
The staff noted that translation of legal materials is not a problem when the detainee speaks
Spanish, but that it becomes more difficult if the detainee speaks another language.118
5.

Photocopies

The Standards provide that each facility should ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee.119 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records.120
KCDC meets this section of the Standards. Detainees have access to a copier.121
A fee is charged, unless a detainee is indigent.122 Indigent detainees can make a limited amount
of personal copies and unlimited copies for legal reasons.123
6.

Notice to Detainees

The detainee handbook must explain the rules and procedures governing access to
legal materials.124 The handbook should also include information regarding law library hours,
when the library is available for detainee use, procedures for requesting use and for requesting

114

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

115

Notes of delegation member

116

Notes of delegation member

on conversation with Corporal
on conversation with Corporal

.
b6,b7c

.

b6

117

Notes of delegation member

on conversation with Corporal

118

Notes of delegation member

on conversation with ICE Officer

119

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

120

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

121

Notes of delegation member

122

Notes of delegation member

123

Notes of delegation member

124

Detentions Operation Manual, Detainee Services, Standard 1, Section III.Q.

.
b6,b7c

on conversation with Corporal
b6

on conversation with Corporal
on conversation with Corporal

11

b6,b7c

additional time, and procedures for notifying staff that additional material is needed or required
materials are missing.125
KCDC does not meet this section of the Standards. The Inmate Handbook does
not mention the law library or computer.126
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.”127 Informational posters are to be prominently displayed in the housing units at least
forty-eight hours in advance of a scheduled presentation.128 While the presentations are open to
all detainees, the facility “may limit the number of detainees at a single session.”129 The facility
must also “select and provide an environment conducive to the presentation, consistent with
security.”130 In addition, detainees shall have regular opportunities to view an “INS-approved
videotaped presentation on legal rights.”131
KCDC has substantially met this section of the Standards; posters are not
posted in advance of group presentations, but all detainees are required to attend.
According to Facility personnel, there are no restrictions on the legal organizations that may give
presentations to the detainees or on the timing of organizations’ notification to KCDC.132 The
National Immigrant Justice Center (“NIJC”) gives an oral presentation on immigration law and
detainee rights approximately every three months.133 The presentations are conducted in the
indoor recreation space, which is a conducive environment for such presentations because it is
well-lit and can accommodate large groups.134 Although KCDC does not advertise the time of
group presentations, KCDC requires all immigration detainees, both male and female, to
attend.135 Detainees with specific questions may speak with presenters individually at the end of
each presentation.136 The presentations are conducted in both English and Spanish.137 Facility

125

Detentions Operation Manual, Detainee Services, Standard 1, Section III.Q.

126

Kenosha County Detention Center Inmate Handbook, Ex. B hereto, at 3.

127

Detention Operations Manual, Detainee Services, Standard 9, Section 1.

128

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

129

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

130

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

131

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

132

Notes of delegation member

on conversation with Corporal

.

133

Notes of delegation member

on conversation with Corporal

.

134

Notes of delegation member

on conversation with Corporal

.
b6,b7c

b6

135

Notes of delegation member

on conversation with Corporal

.

136

Notes of delegation member

on conversation with Corporal

.

137

Notes of delegation member

on conversation with Corporal

.

12

personnel stated that an NIJC presentation occurred a week prior to our visit.138 Detainee
b6, b7c
who had been at KCDC for approximately one month, reported that he had
never been to a group presentation on legal rights.139
In addition, the “Know Your Rights” video is played in every immigration
b6, b7c
dormitory once per week in both English and Spanish.140 Detainee
had
watched the “Know Your Rights” video in Spanish and confirmed that it is played once per
week.141
IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Correspondence and Other Mail

The Standards require that all facilities “ensure that detainees send and receive
correspondence in a timely manner.”142 Detainees should be made aware of the policies
concerning mail and other correspondence through the inmate handbook.143 Facilities should not
limit the amount of mail a detainee may send out at his own expense.144 Indigent detainees
should be allowed to mail, at government expense, five pieces of special correspondence and
three pieces of personal correspondence each week.145 In addition, the facility shall provide
paper, writing implements and envelopes at no cost to detainees.146
KCDC has met this section of the Standards. The Inmate Handbook discusses
the policy regarding the mail and clearly explains what detainees are and are not allowed to
receive.147 Supplies for mail must be purchased by detainees from the facility commissary.148
Indigent detainees are provided with two to three envelopes per week for family/friends and
unlimited supplies for legal correspondence.149 Detainee b6, b7c confirmed that indigent

138

Notes of delegation member

139

Notes of delegation member

on conversation with Corporal

b6,b7c

on interview with detainee

b6,b7c

b6

140

Notes of delegation member

on conversation with Corporal

141

Notes of delegation member

on interview with detainee

142

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

143

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

144

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

145

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

146

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

b6,b7c
b6,b7c

147

.

Kenosha County Detention Center Inmate Handbook, Ex. B hereto, at 1-2 (informing detainees that unauthorized
content or contraband will not be accepted and clearly defining what is unauthorized content).
148
149

Notes of delegation member

on conversation with Corporal
b6,b7c

b6

Notes of delegation member

on conversation with Corporal

13

detainees receive three envelopes per week.150 There is no restriction on the amount of mail
which detainees may send out at their own expense.151
1.

Inspection of mail

The Standards suggest that each facility develop its own policies regarding the
inspection of incoming mail to search for contraband.152 Incoming special correspondence mail
may be physically inspected for contraband, but cannot be read by facility staff.153 The
Standards require that any such inspection of special correspondence be in the presence of the
detainee.154 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.155
Outgoing legal correspondence may not be opened or inspected.156
It is unclear whether KCDC has fully met this section of the Standards;
detainees indicated that all mail is opened and inspected, but it is unknown whether this
takes place outside their presence. The Inmate Handbook states that “KCDC officers will scan
and inspect all non-privileged, incoming and outgoing correspondence.”157 According to the
handbook, all non-privileged incoming mail
ted,158 but the handbook does not define
privileged or non-privileged mail. Corporal b6,b7c explained that insp
ncludes opening
the mail and reading it, though privileged mail is not read.159 Detainees b6, b7c and b6, b7c
complained that all of their mail, privileged or otherwise, had been opened and insp
hough
indicate whether this took place outside their presence.160 According to Corporal
b6,b7c
, the determination of what is privileged or not privileged, and thus what is inspected,
on whether there is a letterhead or seal affixed on the envelope.161 Corporal b6,b7c
also explained that incoming special correspondence mail is scanned only for physical
contraband, and that outgoing special correspondence is not inspected.162

150

Notes of delegation member

, on conversation with detainee

b6,b7c

b6

151

Notes of delegation member

152

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

153

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

154

Detention Operations Manual, Detainee Services, Standard 3, Section III.E.2.

155

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

156

Detention Operations Manual, Detainee Services, Standard 3, Section III.F.2.

157

Kenosha County Detention Center Inmate Handbook, Ex. B hereto at 1.

158

Kenosha County Detention Center Inmate Handbook, Ex. B hereto, at 1.

159

Notes of delegation member

160

Notes of delegation member

, on conversation with Corporal

on conversation with Corporal
on conversations with detainees

b6,b7c

b6,b7c
b6,b7c

b6

161

Notes of delegation member

on conversation with Corporal

162

Notes of delegation member

on conversation with Corporal

b6,b7c

14

and

b6,b7c

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.”163 Policies should be put in place to inform the
detainees of the policy regarding the rejection of incoming or outgoing mail.164 Detainees should
be informed when mail is rejected and contraband is withheld, and a log should be maintained
reflecting the contraband received and what was done with it.165
KCDC has met this section of the Standards. The Inmate Handbook specifically
lists several items which will not be accepted.166 Facility staff reported that when contraband is
received, it is usually withheld and notice is provided to the detainee.167
B.

Recreation

The Standards require that all detainees have access to recreation “under conditions
of security and supervision that protect their safety and welfare.”168 Detainees should be housed
in facilities with outdoor recreation.169 If a facility only provides indoor recreation, detainees
must have access to recreation for at least one hour per day, including exposure to natural
light.170 In exceptional circumstances facilities lacking any recreation area may be used to
provide short-term housing for detainees.171 Detainees should have access to “fixed and movable
equipment,” including opportunities for cardiovascular exercise.172 Dayrooms shall offer games,
television, and other sedentary activities under supervision of detention personnel.173 Detainees
in the Special Management Unit are required to be offered at least one hour of recreation per day,
five days per week, as long as the recreational activity would not unreasonably endanger safety
or security.174
KCDC has substantially met most of this section of the Standards; however,
detained women do not have access to outdoor recreation, and detainees in segregation do
not receive five hours of recreation per week. KCDC has two types of indoor recreation

163

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

164

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

165

Detention Operations Manual, Detainee Services, Standard 3, Section III.G-H.

166

Kenosha County Detention Center Inmate Handbook, Ex. B hereto at 1-2.

167

Notes of delegation member

168

Detention Operations Manual, Detainee Services, Standard 13, Section I.

169

Detention Operations Manual, Detainee Services, Standard 13, Section III.A.

170

Detention Operations Manual, Detainee Services, Standard 13, Section III.B.

171

Detention Operations Manual, Detainee Services, Standard 13, Section III.A.

172

Detention Operations Manual, Detainee Services, Standard 13, Section III.G.

173

Detention Operations Manual, Detainee Services, Standard 13, Section III.G.

174

Detention Operations Manual, Detainee Services, Standard 13, Section III.H.

b6

on conversation with Corporal

15

b6,b7c

rooms: a gym and a dayroom.175 Additionally, the Facility has two outdoor recreation areas with
gated roofs; however, these areas are only available to male inmates and detainees.176 The male
inmates and detainees are allowed access to the outdoor facility on a rotating basis one hour at a
time, weather permitting, which allows them to be outside for up to three or four hours a day.177
The outdoor recreation areas are only open to male inmates and detainees because several of the
male dormitories look out onto the two outdoor recreation areas and the KCDC has a no sight/no
sound policy regarding male and female inmates.178 Detainee b6, b7c stated that he received
recreational time at 9:00 a.m. and after lunch about four times
.179
During inclement weather, the inmates and detainees are given the option of using
the indoor gym facility instead of the outdoor area.180 There are basketball hoops in the gym
facility but the detainees and inmates are not provided balls because there was a high rate of
ankle injuries from playing basketball in their facility-issued sandals.181 The detainees also have
access to an exercise bike and treadmill in the multi-purpose rooms off of each dormitory which
they can sign up to use one day in advance.182 There is no additional exercise equipment
available to the detainees or inmates.183 We were able to observe the detainees and inmates
using the outdoor recreation area during our visit.184
When the inmates and detainees are not in the outdoor or gym facilities, they are in
the dayroom.185 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.186 There are two televisions located on opposite ends of the dayroom and they
are kept on during the day, from 9:00 a.m. until 10:00 p.m.187 The detainees have access to
sunlight in the dayrooms.188

175

Notes of delegation member

176

Notes of delegation member

on conversation with Corporal

b6,b7c

on observation of KCDC and conversation with Corporal

b6,b7c

b6

177

Notes of delegation member

on conversation with Corporal

178

Notes of delegation member

on observation of KCDC and conversation with Corporal

179

Notes of delegation member

180

Notes of delegation member

181

Notes of delegation member

b6

on interview with detainee

b6,b7c

b6,b7c

on conversation with Corporal
on conversation with Corporal

b6,b7c

.
b6,b7c

.

b6

182

Notes of delegation member

on conversation with Corporal

183

Notes of delegation member

on observation of the KCDC and conversation with Corporal

.

b6,b7c

184

Notes of delegation member

185

Notes of delegation member

on observation of the KCDC outdoor recreation area.
b6

186

Notes of delegation member
KCDC.

187

on conversation with Corporal

b6,b7c

on conversation with Corporal

b6,b7c

and observation of the

Notes of delegation member
.

b6

on observation of the KCDC and conversation with Corporal

Notes of delegation member

b6

on observation of the KCDC day rooms.

b6,b7c

188

16

Detainees in disciplinary segregation have one hour for recreation every other
day.189 During this time, they are allowed to shower and take a walk.190 This does not meet the
requirement for five hours of recreation per week, as it provides only 3-1/2 days per week, and
showers are not recreation.
C.

Access to Medical Care

The Standards require that all detainees have access to medical services that
promote detainee health and general well-being.191 Each facility is required to have regularly
scheduled times, known as sick call, when medical personnel are available to see detainees who
have requested medical services.192 For a facility of over 200 detainees, a minimum of five days
per week is required.193 Facilities must also have procedures in place to provide emergency
medical care for detainees who require it.194 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.195 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.196
KCDC appears to have met this section of the Standards. Detainees wishing to
see medical staff need to request and complete a medical treatment slip, available from the
dormitory officer.197 Detainee b6, b7c reported that responses to medical requests are slow,198
whereas detainee b6, b7c repor
responses to medical requests generally take twenty-four
199
hours.
KCDC has one certified nurse on site sixteen hours a day, seven days a week.200 A
physician is present at the Facility every Thursday.201 A mental health professional is on site
twenty hours per week.202 Initial intake and screening is not done at KCDC, but is performed at

189

Notes of delegation member

on conversation with Corporal
b6,b7c

b6

190

Notes of delegation member

191

Detention Operations Manual, Health Services, Standard 2, Section I.

192

Detention Operations Manual, Health Services, Standard 2, Section III.F.

193

Detention Operations Manual, Health Services, Standard 2, Section III. F.

194

Detention Operations Manual, Health Services, Standard 2, Sections III. D, G, & H.

195

Detention Operations Manual, Health Services, Standard 2, Section III.H.

196

Detention Operations Manual, Health Services, Standard 2, Section III.J.

197

KCDC Inmate Handbook, Ex. B hereto at 3.

198

Notes of delegation member

199

Notes of delegation member

on conversation with Corporal

on interview with detainee

b6

b6,b7c

on interview with detainee

b6,b7c

on conversation with Corporal

b6,b7c

b6

200

Notes of delegation member

201

Notes of delegation member

202

Notes of delegation membe

b6
b6

on conversation with Corporal
on conversation with Corporal

17

b6,b7c

b6,b7c

.

the Kenosha County Pretrial Facility.203 The nurse at KCDC, does however, do an initial
interview with the detainees, and will utilize the AT&T language line if necessary.204
Information about health services relating to both an individual’s physical and
emotional well-being, is posted within the Facility.205 A first-aid kit is stationed in every dorm
and a crash cart is also accessible.206 Moreover, every inmate carries an identification card with
them, and on the back of that card is a listing of any medical conditions the inmate may have.207
Medical records, however, are kept confidentially in a segregated area by the nurse’s station, and
are locked up at night.208
If an inmate is determined to be suicidal, he/she will be placed on a thirty-minute
watch and will be placed in segregation until a doctor arrives.209 If an inmate needs emergency
medical treatment in the middle of the night (when a nurse is absent), the dormitory officer will
escort the inmate to the emergency room of a local hospital or a local rescue squad will be
notified.210
A detainee’s inmate account will be charged for medical treatment, dental treatment,
and medicine.211 However, if a detainee has no funds, he/she may still receive necessary medical
treatment.212
D.

Access to Dental Care

The Standards state that detainees should have an initial dental screening exam
within fourteen 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.213 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.214

203

Notes of delegation member

on conversation with Corporal

204

Notes of delegation member

on conversation with Corporal

205

Notes of delegation member

based on her observations.

206

Notes of delegation member

b6,b7c

on conversation with Corporal
b6

207

Notes of delegation member

on conversation with Corporal

208

Notes of delegation member

on conversation with Corporal

209

Notes of delegation member

on conversation with Corporal

210

Notes of delegation member

on conversation with Corporal

211

KCDC Inmate Handbook, Ex. B hereto at 3.

212

KCDC Inmate Handbook, Ex. B hereto, at 3.

213

Detention Operations Manual, Health Services, Standard 2, Section III.E.

214

Detention Operations Manual, Health Services, Standard 2, Section III.E.

18

b6,b7c

The KCDC has not fully met this section of the Standards: detainees do not
receive a dental screening. There is no dentist on-site at KCDC; however, extractions can be
scheduled.215 Initial intake and screening is not done at KCDC, but is performed at the Kenosha
County Pretrial Facility (KCPF),216 where all detainees are initially processed before being
transferred to KCDC.217 However, dental screenings do not take place at KCPF218 or KCDC.219
E.

Hunger Strike

The Standards require that all facilities follow accepted standards of care in the
medical and administrative management of hunger-striking detainees.220 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.221 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].”222
KCDC appears to have met this section of the Standards. If a detainee declares a
hunger strike the medical staff assesses the mental state of the detainee, and regularly monitors
the detainee, including his or her food intake, liquid intake, weight, vital signs, etc.223 A log of
the detainee’s food and water intake is kept, and ICE is notified of the hunger strike.224 The
detainee continues to be offered three meals a day, throughout his/her strike.225 However, if
necessary the detainee will be segregated from the general population during the strike.226
F.

Detainee Classification System

The Standards require that detention facilities use a classification system and
physically separate detainees into different categories.227 Detainees must be assigned to the least
restrictive housing unit consistent with facility safety and security.228 A detainee’s classification
is to be determined on “objective” criteria, including criminal offenses, escape attempts,
215

Notes of delegation member

on conversation with Corporal
b6

b6,b7c

216

Notes of delegation member

217

See Appendix A.

218

Notes of delegation member

219

Notes of delegation member

220

Detention Operations Manual, Health Services, Standard 1, Section I.

221

Detention Operations Manual, Health Services, Standard 1, Section I.

222

Detention Operations Manual, Health Services, Standard 1, Section III.D.

223

Notes of delegation member

on conversation with ICE Officer

224

Notes of delegation member

on conversation with ICE Officer

225

Notes of delegation member

on conversation with Head Chef

226

Notes of delegation member

on conversation with Corporal

227

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

228

Detention Operations Manual, Detainee Services, Standard 4, Section III.F.

on conversation with Corporal

b6
b6

on conversation with Sergeant
on conversation with Corporal

b6,b7c

b6,b7c

b6,b7c
b6

19

b6
b6,b7c

institutional disciplinary history, violent incidents, etc.229 Classification is required in order to
separate detainees with no or minimal criminal records from inmates with serious criminal
records.230 Detainees with a history of assaultive or combative behavior are not to be housed
with non-assaultive detainees.231 All facility classification systems shall allow classification
levels to be re-determined and include procedures by which new arrivals can appeal their
classification levels.232 Finally, the Inmate 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.233
KCDC has met some of this section of the Standards, but the Inmate Handbook
does not include any information about the classification system.
Detainees are classified by ICE as either A, B, or C, with A being the “best” and C
being the “worst.”234 Detainees classified as A and inmates classified as 3 will not be housed in
the same dorm.235 Regular inmates are initially classified on a scale of 1-8, with 1 being the most
dangerous and 8 the least; KCDC only houses those inmates classified from 3-8.236 KCDC then
classifies inmates on a scale of 1-3, with 1 being the least violent and usually having no prior
criminal history, 2 being those with some prior criminal history, and 3 being the most violent and
with the most extensive criminal background.237 Similarly, detainees classified as C and inmates
classified as 1 will not be housed in the same dorm.238 Inmates classified as 2 and detainees
classified as B can be housed in either dorms.239 The two dorms do not mix for recreation,
lunch, or at any other time.240
Detainees are classified by ICE agents at the Broadview Detention Center, and
KCDC does not alter these classifications.241 Detainees cannot appeal th
sification to
242
b6,b7c
those who work at KCDC.
However, detainees can inform Corporal
of their requests
and Corporal b6,b7c will fax the requests to the Broadview Detention Center, which determines

229

Detention Operations Manual, Detainee Services, Standard 4, Section III.D.

230

Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & III.E.

231

Detention Operations Manual, Detainee Services, Standard 4, Section III.F.

232

Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.

233

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

234

Notes of delegation member

on conversation with Corporal

.

235

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

239

Notes of delegation member

on conversation with Corporal

.

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

.

b6

on conversation with Corporal

20

b6,b7c

.

the detainees’ classification.243 Corporal b6,b7c will send this fax any weekday, and when a
response is received, it is filed in a log.244 Responses generally take three to four days.245
Several of the detainees interviewed by the delegation were unaware of the
classification system at KCDC and the appeals process.246 In fact, the Inmate Handbook does
not explain, or even mention, 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.247
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.”248 Participation must
be voluntary.249
KCDC meets this section of the Standards. KCDC does have a voluntary work
program and has recently allowed detainees to participate.250 When a non-detainee inmate
works, he/she does not receive monetary compensation, but instead has an hour deducted from
his/her sentence for every hour worked.251 Given that this process would not work for
immigration detainees, the facility has recently started paying detainees one dollar per hour for
their service.252 The program is voluntary and detainees can hold in-house jobs in the laundry
room or kitchen.253 Female detainees can do janitorial work.254 Inmates are allowed to work as
much as they want, and the staff reported that some inmates work up to sixteen hours a day.255 It
243

Notes of delegation member

244

Notes of delegation member

245

on conversation with Corporal
on conversation with Corporal

b6,b7c

b6

Notes of delegation member

on conversation with Corporal

246

Notes of delegation member
on interview with detainee
b6
b6, b7c
h detainee
detainee
b6, b7c

h detainee
b6,b7c
notes of
notes of delegation member

; note
mber

b6, b7c

b6

247

KCDC Inmate Handbook, Ex. B hereto.

248

Detention Operations Manual, Detainee Services, Standard 18, Sections I & III.A.

249

Detention Operations Manual, Detainee Services, Standard 18, Section III.A.

250

Notes of delegation member

251

Notes of delegation member

member
on
on interview with
b6

, on conversation with Corporal
, on conversation with Corporal
b6

b6,b7c

252

Notes of delegation member

253

Notes of delegation member
, on conversation with Corporal
There were previously more
detainees participating in the voluntary work program but a rumor circulated among the detainees that those
who were in the work program would have to stay longer at the Facility, as it would not want to lose their
services. The Facility staff reported that there was no truth to this rumor, but noted that it likely deterred
many detainees from working. Notes of delegation member
on conversation with Corporal
b6

, on conversation with Corporal

b6,b7c

254
255

Notes of delegation member

, on conversation with Corporal
b6,b7c

b6

Notes of delegation member

, on conversation with Corporal

21

was not clear, however, that the inmates referred to as working those hours were immigration
detainees.256 Currently, there are a few detainees working in the laundry room.257
H.

Detainee Grievance Procedures

The Standards require that that every facility develop and meet standard procedures
for handling detainee grievances, and encourages the facilities to resolve grievances informally
before engaging in a more formalized procedure.258 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.”259 All grievances must receive supervisory review, include guarantees against
reprisal, and allow for appeals.260
KCDC appears to meet this section of the Standards. The KCDC Inmate
Handbook provides that “[i]nmates at the Kenosha County House of Corrections may use the
established grievance process to sec
able and timely responses and/or solutions to
legitimate grievances.”261 Corporal b6,b7c stated that there is no recrimination of detainees
who utilize the grievance procedure
gh he stated that the grievances of those who abuse
the system by making constant frivolous complaints are not treated as seriously.262
To file a grievance, the detainee must first speak with his or her dormitory officer or
activity supervisor, at which time the officer will correct any misconceptions about the grievance
procedure.263 If the officer cannot resolve the grievance informally, the detainee may obtain a
grievance form from his or her dormitory officer and place it inside a designated locked box at
the entrance of the detainee cafeteria within seven days of the incident upon which the grievance
is based.264 The box is emptied once during each of the first two shifts by a Shift Supervisor and
grievance forms are given to the Assistant Superintendent.265 The Assistant Superintendent will
assign a supervisor to review and respond to each grievance within seven days by (a) returning
an incomplete form to the detainee with an explanation of the return, (b) resolving the issue, or
(c) gathering more information if necessary.266

256

Notes of delegation member

on conversation with Corporal
b6

b6,b7c

257

Notes of delegation member

258

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

259

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

260

Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D.

261

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Grievance Procedure.

262

Notes of delegation member

263

KCDC Inmate Handbook, Ex. B hereto at Appendix: Grievance Procedure.

264

Notes of delegation member

265

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Grievance Procedure.

266

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Grievance Procedure.

b6

b6

on conversation with Corporal

on conversation with Corporal

on conversation with Corporal

22

b6,b7c

b6,b7c

If a detainee is unsatisfied with the resolution of his or her grievance, he or she may
file an appeal within 72 hours of the receipt of the unsatisfactory resolution.267 Appeals are
forwarded to the Assistant Superintendent, who will provide a written response within fourteen
days.268 The Assistant Superintendent’s resolution of the grievance is final.269
b6, b7c
Detainee
stated that he did not know how to file a grievance, but
other detainees interviewed expressed an understanding of the grievance procedure and even
presented delegation members with completed grievance forms.270

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.”271 Each facility holding ICE detainees must
have a detainee disciplinary system which has “progressive levels of reviews, appeals,
procedures, and documentation procedures.”272 The disciplinary policy must clearly define
detainee rights and responsibilities, and any disciplinary action taken must not be capricious or
retaliatory.273
The following sanctions may not be imposed: “corporal punishment; deviations
from normal food services; deprivation of clothing, bedding, or items of personal hygiene;
deprivation of correspondence privileges; or deprivation of physical exercise unless such activity
creates an unsafe condition.”274 In addition, the Standards provide that all incident reports filed
by officers must be investigated within twenty-four hours of the incident.275 An intermediate
level of investigation or adjudication must be established to adjudicate low or moderate
infractions.276
KCDC has substantially met this section of the Standards; however, detainees
on disciplinary status lose regular correspondence privileges. Although the Inmate
Handbook, which outlines disciplinary policy, is not given to detainees, every detainee views an
orientation video in either English or Spanish during the intake process that explains the rules of

267

Notes of delegation member

268

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Grievance Procedure.

269

Notes of delegation member

270

b6

on conversation with Corporal

, on conversation with Corporal

b6,b7c

b6,b7c

b6

Notes of delegation member
member
on intervie
b6

, on interview with

b6,b7c

b6,b7c

271

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

272

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1.

273

Detention Operations Manual, Security and Control, Standard 5, Section III.A.1 & 2.

274

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

275

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

276

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

23

notes of delegation

KCDC and the penalties imposed for violations.277 Additionally, the Inmate Handbook is posted
in each immigration dormitory on a bulletin board.278
Rule violations are divided into four categories.279 Category 1 violations are
considered minor violations and include such offenses as affixing unauthorized items to walls or
hoarding allowable items such as soap and toilet paper.280 Punishments for Category 1 violations
include disciplinary segregation of less than twenty-four hours, restriction of personal phone
calls (as opposed to phone calls for legal matters), or restriction of commissary privileges.281
Category 2 violations include disobeying verbal or written orders, possession of contraband,
gambling, or threatening another inmate.282 Disciplinary segregation for a Category 2 violation
typically lasts two to four days.283 Category 3 violations include fighting, possession of stolen
property, or threatening staff,284 and resulting disciplinary segregation may last up to ten or
eleven days.285 Category 4 violations involve unauthorized absences of Huber inmates286 on
work release, treatment, school, childcare, or any other work release program.287 Punishments
range from loss of commissary privileges to revocation of Huber privileges.288
According to Facility personnel, detainees are never disciplined via corporal
punishment or deprivation of bedding, other personal items, or money for use at the
commissary.289 The use of dogs and Tasers to subdue immigration detainees is also
prohibited.290 However, inmates on disciplinary status “will not be allowed to receive or send
mail with the exception of legal correspondence.”291
The KCDC Inmate Handbook states that verbal reprimands are to be documented on
“Rotor Cards” that provide the date and type of violation for which the detainee was
reprimanded.292 Corporal b6,b7c explained that if a detainee responds negatively to a verbal
reprimand or has been reprimanded for the same conduct in the past, an officer will create a
277

Notes of delegation member

278

Observations of delegation member

279

Notes of delegation member

280

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

281

Notes of delegation member

282

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

283

Notes of delegation member

284

KCDC Inmate Handbook, Ex. B hereto, Appendix: Inmate Rules/Discipline.

285

Notes of delegation member

286

Huber inmates are those who are involved in a work release program.

287

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

288

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

289

Notes of delegation member

on conversation with Corporal

b6

b6

b6

b6

b6

b6

b6,b7c

and notes on conversation with Corporal
on conversation with Corporal

on conversation with Corporal

on conversation with Corporal

on conversation with Corporal

b6,b7c

b6,b7c

b6,b7c

.

b6,b7c

on conversation with Corporal

.
b6,b7c

b6

290

Notes of delegation member

291

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Mail.

292

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

on conversation with Corporal

24

.

b6,b7c

.

written conduct report so that a Shift Supervisor may determine whether the detainee’s behavior
is a minor rules violation.293 If the Shift Supervisor determines it to be minor, the conduct report
is submitted to the detainee’s file and he or she is provided with a copy.294 If the Shift
Supervisor determines that the rules violation is a major violation, “additional documentation
and a hearing process must be initiated,” but the detainee is not provided with a copy of the
conduct report.295
A major violation is one that may be punished with a loss of privileges or
segregation lasting more than twenty-four hours.296 An officer who observes a major violation is
instructed to “take immediate action to correct the situation.”297 After addressing the situation,
the officer must complete a detailed conduct report before the end of the officer’s shift, although
the Shift Supervisor may allow additional time to complete and document any additional
investigative information.298 The conduct report is submitted to a supervisor who determines
“when, or if, a Disciplinary Hearing will be conducted.”299 Adherence to this procedure was
confirmed by Corporal b6,b7c 300 The Shift Supervisor determines “whether the [detainee]
should remain in the ho
it pending completion of the investigation or hearing.”301
Detainees charged with a major violation are entitled to receive a hearing before the
imposition of disciplinary measures, although they may waive their rights to the hearing.302 The
purpose of a hearing “is to guarantee procedural due process to the alleged offender.”303 If a
hearing is required, the Shift Supervisor will complete a Notice of Disciplinary Hearing form and
will forward the Conduct Report, Notice of Disciplinary Hearing, and any other pertinent
documents to the Assistant Superintendent or designee for assignment of a Hearing Officer.304
The assigned Hearing Officer must be of supervisory rank and may not have personally
observed, been part of, or investigated the incident in any way to ensure impartiality and
fairness.305

293

Notes of delegation member

294

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

295

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

296

Notes of delegation member

297

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

298

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

299

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

300

Notes of delegation member

301

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

302

Notes of delegation member

303

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

304

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

305

Notes of delegation member

b6

b6

b6

b6

b6

, on conversation with Corporal

, on conversation with Corporal

on conversation with Corporal

on conversation with Corporal

on conversation with Corporal

25

b6,b7c

b6,b7c

b6,b7c

b6,b7c

b6,b7c

.

The Hearing Officer schedules the hearing and the detainee must be notified at least
twenty-four hours in advance.306 The detainee has the right to be present at the hearing, to speak,
and to present witnesses unless there are safety concerns.307 A staff advocate will be provided if
the detainee has difficulty understanding the issues or preparing a defense.308 After hearing the
evidence in the case, the Hearing Officer makes a determination about the appropriate remedy.309
The Hearing Officer will record the disposition on the Disciplinary Hearing Report, which the
detainee will receive and which will include information about the appeal procedure.310
Detainees may appeal the decision to the Assistant Superintendent of the House of
Corrections by completing an Inmate Request Form.311 The appeal must be received within ten
days of the Hearing Officer’s decision.312 The Assistant Superintendent has the authority to
approve, modify, or dismiss the sanctions against the detainee.313 The Assistant
Superintendent’s decision must be submitted to the detainee within ten days of receiving the
appeal request.314
Detainee b6, b7c stated that he was placed in disciplinary segregation for three days
because he allegedly u
azor to shave his head, which is not permitted.315 He was not
subjected to corporal punishment or deprived of personal items or food.316
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.”317
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.318 “Opportunities will be constrained
only by concerns about safety, security, the orderly operation of the facility, or extraordinary
costs associated with a specific practice.”319 Moreover, a facility’s staff shall make “all

306

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

307

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

308

Notes of delegation member

309

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

310

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

311

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

312

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

313

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

314

KCDC Inmate Handbook, Ex. B hereto, at Appendix: Inmate Rules/Discipline.

315

Notes of delegation member

b6

on conversation with Corporal

b6,b7c

on interview with detainee
b6

b6,b7c

316

Notes of delegation member

317

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

318

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

319

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

on interview with detainee

26

reasonable efforts to accommodate” special food services required by a detainee’s particular
religion.320 Detainees should have reasonable access to religious property, consistent with
facility security, and religious headwear is permitted in all areas of the facility.321
KCDC appears to substantially meet this section of the Standards; however,
22
religious headwear is not permitted. The facility employs Sister b6 and Pastor
b6
Sister b6 is a Catholic nun, and Pastor b6 is non-denomina
and says tha
mes
323
b6
to the
and their religion.” Pastor
is at the facility twenty to twenty-four hours
per week.324 Other types of clergy or relig
ers may come to the facility, but if they want
b6
contact visits with the detainees they must first be approved by Pastor
and Sister b6
325
who will run a background check on the clergy. Certain clergy who have visited in th
are pre-approved for contact visits.326 Visits by religious leaders do not count against a
detainee’s allowed number of “family and friend” visits and religious leaders may come as often
as they like (within normal visiting hours).327 Pastor b6 indicated that very few religious
leaders come to the Facility, but this is because they choose not to do so.328
KCDC has a non-denominational service on Saturday mornings and allows other
services. Women detainees have their own services and there are bible studies for both
genders during the week.330 Detainees may participate in these services and studies without
having to give up all of their recreational time to do so.331
329

and Sister

320

When a detainee has a religious request, the requests are reviewed by Pastor
b6
.332 For example, very little outside religious items are allowed in the Fa

b6

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

321

Detention Operations Manual, Detainee Services, Standard 14, Section III.K. The Detention Operations Manual
language pertaining to religious headwear appears in italics, which are normally reserved for paragraphs regarding
SPCs and CDFs. However, there is no reference to SPCs and CDFs in the subsection, and the italicization appears to
be in error.

322

Notes of delegation member

, on conversation with Corporal

323

Notes of delegation member

, on conversation with Pastor

324

Notes of delegation member

, on conversation with Pastor

325

Notes of delegation member

, on conversation with Corporal

326

Notes of delegation member

, on conversation with Corporal

327

Notes of delegation member

328

Notes of delegation member

, on conversation with Pastor

329

Notes of delegation member

, on conversation with Corporal

330

Notes of delegation member

, on conversation with Corporal

331

Notes of delegation member

, on conversation with Corporal

332

Notes of delegation member

, on conversation with Corporal

b6,b7c

b6

b6

b6,b7c

, on conversation with Corporal
b6

.

b6,b7c

27

but Pastor b6
and Sister
not be worn while inside.334

b6

can provide prison-issued items.333 Religious headgear may

If a detainee has a restriction regarding food or meal times, Pastor b6 and Sister
b6
will approve these as well.335 Even if a detainee has a food or timing restriction, they are
provided with three meals a day, though the meals may not be hot if they are served outside
normal meal times.336
The facility recently had an issue with a detainee who refused to stand for standing
counts that occur while he is praying.337 The detainee prays five times a day, at specific times
that change based on sunrise.338 The Facility staff reported that they have tried to be as
accommodating as possible.339 When the detainee still refused to stand for standing counts, they
transferred him to the Kenosha County Jail, which does not conduct standing counts.340 The
detainee has filed a grievance about the KCDC’s failure to allow him to pray in accordance with
his religion.341
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.342 Facility authorities
have the power to discipline any detainee whose behavior does not comply with facility rules and
regulations.343 A detainee may be placed in disciplinary segregation only by order of the
Institutional Disciplinary Committee, after a hearing in which the detainee has been found to
have committed a prohibited act.344 The disciplinary committee may order placement in
disciplinary segregation only when alternative dispositions would inadequately regulate the
detainee’s behavior.345
The quarters used for segregation must be well ventilated, adequately lit,
appropriately heated and maintained in a sanitary condition at all times.346 All cells in the SMU
333

Notes of delegation member

on conversation with Corporal

334

Notes of delegation member

on conversation with Corporal

335

Notes of delegation member

336

Notes of delegation member

on conversation with Head Chef Dave

337

Notes of delegation member

on conversation with Corporal

338

Notes of delegation members

339

Notes of delegation member

b6,b7c

b6

on conversation with Head Chef Dave
b6

b6

and

b6,b7c

on conversation with detainee

b6

, on conversations with Corporal

b6,b7c

b6,b7c

and ICE Officer

b6

340

Notes of delegation member

341

Notes of delegation members

342

Detention Operations Manual, Security and Control, Standards 13 & 14, Section I.

343

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

344

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

345

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

346

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

, on conversation with ICE Officer
b6

and

b6,b7c

.

on conversation with detainee

b6

28

b6,b7c

b6,b7c

must be equipped with beds that are securely fastened to the cell floor or wall.347 Segregated
detainees shall have the opportunity to maintain a normal level of personal hygiene and shall
have the opportunity to shower at least three times a week.348 Recreation shall be provided to
detainees in disciplinary segregation in accordance with the “Recreation” standard, absent
compelling security or safety reasons;349 the Recreation standard requires five to seven hours of
recreation per week.350 Access to legal materials shall remain open and requests for access shall
be accommodated no more than twenty-four hours after receipt of the initial detainee request.351
Similarly, access to the law library shall be granted to detainees in segregation, and access by
request only is acceptable.352 “As a rule, a detainee retains visiting privileges while in
disciplinary segregation” and the facility shall follow the “Visitation” standard in setting
visitation rules for detainees in disciplinary segregation.353 A detainee in disciplinary
segregation shall not be denied legal visitation.354 Segregated detainees shall also be allowed
clergy/religious visits upon request.355
KCDC has not fully met this section of the Standards; access to legal materials
is limited and may be denied, and recreation is insufficient. The delegation was informed
that it would not be able to view the Special Management Unit area. However, we were
informed that the disciplinary segregation area has the capacity to hold twenty-two inmates or
detainees.356 While in disciplinary segregation, detainees are not allowed family visits but can
have legal visits.357 A detainee’s access to the legal research computer is limited while in
segregation.358 A detainee must request use of the computer and each request will be considered
on a case-by-case basis, and the detainee will be allowed access only if his need is justified.359 If
a detainee’s request is granted, the research computer cart is placed in an empty segregation cell
for the detainee’s use.360
As mentioned above, detainees in disciplinary segregation have one hour for
recreation every other day, despite the Standards requiring access to recreation every day (or five

347

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

348

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

349

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

350

Detention Operations Manual, Detainee Services, Standard 13, Section III.B.1 & 2.

351

Detention Operations Manual, Security and Control, Standard 14, Section III.D.15.

352

Detention Operations Manual, Security and Control, Standard 14, Section III.D.15.

353

Detention Operations Manual, Security and Control, Standard 14, Section III.D.17.

354

Detention Operations Manual, Security and Control, Standard 14, Section III.D.17.

355

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

356

Notes of delegation member

on conversation with Corporal

357

Notes of delegation member

on conversation with Corporal

358

Notes of delegation member

359

Notes of delegation member

on conversation with Corporal

360

Notes of delegation member

on conversation with Corporal

b6

on conversation with Corporal

29

b6,b7c

days per week if outdoor recreation is available), absent compelling security or safety reasons.361
During this time, they are allowed to shower and take a walk.362 While in disciplinary
segregation, detainees have access to the group rights presentations with an escort and can also
visit with clergy.363
Detainee
personal belongings w
L.

b6, b7c

reported that while he was in disciplinary segregation all of his
posed of.364

Staff-Detainee Communication/ICE Presence at the Facility

The Standards suggest that detainees should have regular access to ICE staff.365
ICE staff should explain the general procedures for immigration removal without offering legal
advice to the detainees regarding their specific cases.366 The Standards suggest 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.367 The Standards also require that
detainees “have the opportunity to submit written questions, requests or concerns to ICE
staff.”368 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.369 Detainees should be informed that they may make requests to ICE in the inmate
handbook.370
KCDC has met some or all of this section of the Standards. ICE staff visit the
Facility every Friday.371 The day we visited the Facility, the ICE agent participating on the visit
with us spent some time talking to the detainees and answering their questions.372 The detainees
are informed about the weekly visits by staff members.373 ICE Agent b6,b7c did not indicate
whether unannounced visits occur frequently or at all. Detainees can s
essages or requests
to ICE staff, and those requests are faxed by Facility staff to the ICE office prior to the weekly

361

Notes of delegation member

362

Notes of delegation member

363

Notes of delegation member

364

Notes of delegation member

365

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.

366

Detention Operations Manual, Detainee Services, Standard 15, Section III.A

367

Detention Operations Manual, Detainee Services, Standard 15, Section III.A.1-2.

368

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.

369

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.

370

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.

371

Notes of delegation member

372

Notes of delegation member

373

Notes of delegation member

on conversation with Corporal
b6

on conversation with Corporal

b6,b7c

on conversation with Corporal
b6

on interview with detainee

b6,b7c

on conversation with ICE officer
b6

on conversation with ICE officer
on conversation with ICE officer

30

.
b6,b7c

.
.

visit.374 Agent
rather than com
M.

b6, b7c

reported that most of the questions he receives are regarding specific cases
s.375

Detainee Handbook

The Standards require that the facility must provide each detainee, upon admittance,
a copy of the detainee handbook or equivalent.376 The handbook also must 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.”377
The handbook must include visitation hours and rules.378 The handbook must provide detainees
with the rules and procedures governing access to legal materials.379 The handbook must notify
detainees of the facility correspondence policy.380 The handbook must also state that detainees
have the opportunity to submit written questions, requests, or concerns to ICE staff and the
procedures for doing so.381 The Officer in Charge will provide a copy of the handbook to every
staff member who has contact with detainees.382
KCDC has not fully met this section of the Standards. Detainees are not given a
copy of the handbook; the Inmate Handbook does not provide information regarding
detainee access to legal materials, legal visitation, or ICE-detainee communication. KCDC
does not have a separate Detainee Handbook. Rather, the Facility has an Inmate Handbook, in
both English and Spanish, which applies to the inmates generally and is not specific to
immigration detainees.383 Detainees are not given a copy of the Inmate Handbook, but the
contents of the Handbook are posted in the dorms.384 In addition, upon admission to KCDC
every detainee is required to watch a thirtyrientation video that lays out the rules of the
Facility.385 This was confirmed by detainee b6, b7c who stated that he watched the orientation
video upon his arrival to KCDC.386

374

Notes of delegation member

on conversation with Corporal

b6,b7c

and ICE Officer

b6

375

Notes of delegation member

376

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.

377

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.

378

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

379

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

380

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

381

Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.

382

Detention Operations Manual, Detainee Services, Standard 6, Section III.G.

383

Notes of delegation member

384

Notes of delegation member

on conversation with ICE officer

on conversation with Corporal
on conversation with Corporal

b6,b7c

.
b6,b7c

.

b6

385

Notes of delegation member

on conversation with Corporal

386

Notes of delegation member

on interview with detainee

31

.
b6,b7c

.

b6,b7c

The Inmate Handbook overall does not contain much information pertaining to the
detainee’s everyday needs while in the Facility.387 The Inmate Handbook contains very general
information on visiting, medical care, mail, and general behavior.388 The Inmate Handbook does
provide information regarding inmate violations, and details the grievance procedure.389 There is
nothing, however, in the Inmate Handbook regarding access to legal materials or legal
visitation.390 Similarly, the Inmate Handbook does not contain anything detailing the
procedures for a detainee to contact or communicate with ICE staff.391
N.

Personal Property

The Standards indicate that upon admission all items discovered during the strip
search of the detainee shall be identified as funds, valuable, or other personal property.392
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.393 Additionally, detainees
should be permitted to retain all personal legal materials unless it creates a safety, security, or
sanitation hazard.394
KCDC appears to have fully met this section of the Standards. The majority of
detainees at KCDC are processed in a different facility, the Kenosha County Pre-Trial Facility,
and their personal property is kept there.395 Upon booking, an officer at the Pre-Trial Facility
will inventory the detainee’s personal property and it is then put in a bag with its own number
and kept at the Pre-Trial Facility.396 The same is done for valuable property.397 However, the
delegation was told that, if possible, ICE will inventory and retain the valuable property of
detainees when they are initially processed in ICE’s Broadview Detention Center.398 If a
detainee acquires personal property while in the KCDC, it is inventoried and kept in a small
storage area.399 Each detainee has a storage locker at the foot of his bed in the dormitories that
has a lock.400 They are allowed to keep photos, mail, legal materials and other allowed personal

387

KCDC Inmate Handbook, Ex. B hereto.

388

KCDC Inmate Handbook, Ex. B hereto.

389

KCDC Inmate Handbook, Ex. B hereto.

390

KCDC Inmate Handbook, Ex. B hereto.

391

KCDC Inmate Handbook, Ex. B hereto.

392

Detention Operations Manual, Detainee Services, Standard 2, Section III.C.

393

Detention Operations Manual, Detainee Services, Standard 18, Section III.B.

394

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

395

Notes of delegation member

on conversation with Corporal

396

Notes of delegation member

on conversation with Sergeant

397

Notes of delegation member

on conversation with Sergeant

398

Notes of delegation member

on conversation with ICE Officer

399

Notes of delegation member

on conversation with Corporal

Notes of delegation member
KCDC.

on conversation with Corporal

400

b6,b7c

b6,b7c
b6
b6,b7c

b6,b7c

32

and observation of the

property in their storage lockers.401 Each detainee is allowed to keep all personal legal materials
so long as they fit in the storage bin.402 Detainee b6, b7c confirmed that he was able to keep all
of his legal documents in his storage locker in the dormitory.403 However, detainee b6, b7c stated
that while he was in disciplinary segregation all of his personal belongings were dis
of.404
V.

CONCLUSION

The Kenosha County Detention Center has substantially met many of the ICE
Detention Standards but has also failed to fully meet a number of sections. Our delegation
suggests the following recommendations:
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 and access to legal materials. In addition, every
detainee should be given a copy of the Inmate Handbook, rather than relying on it being posted
in the dormitories.
To provide proper access to legal materials, KCDC should ensure that detainees
have access to all legal materials required by the Standards, ensure that computer training is
provided because legal materials are only accessible via computer, ensure that sufficient
computers and writing materials are provided without cost to detainees, and ensure that detainees
may assist each other with research. This means that the Facility should increase the number of
legal access computers that are available to the detainees, and they should be informed upon
arrival of the computers.
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.
In order to allow female detainees access to outdoor recreation KCDC should
consider alternatives that would allow female detainees outdoor recreation yet still maintain the
no sight/no sound policy between male and female inmates. One possibility would be to
schedule female detainee outdoor recreation time during the male inmates’ meal times, when the
males would not be in their dorms.

401

Notes of delegation member

402

Notes of delegation member

403

Notes of delegation member

404

on conversation with Corporal
b6

b6,b7c

on conversation with Corporal
, on interview with detainee
b6

Notes of delegation member

b6,b7c

, on interview with detainee

33

APPENDIX A
The delegation also visited the Kenosha County Pretrial Facility (“KCPF”) on July
12, 2007. The KCPF serves as the primary intake point for all arrested persons in Kenosha and
as a holding facility for Wisconsin probation and parole detainees.405 In addition, all ICE
detainees are initially processed at the KCPF before being transferred to the KCDC.406 The
KCPF has a staff of approximately eighty individuals.407 The delegation toured the medical and
408
b6, b7c
intake facilities at KCPF with Sergeant
The medical facilities at KCPF
temporarily house those detainees at K
und-the-clock nursing care as well as
sick or injured inmates of KCPF.409 The medical facility at KCPF consists of a series of
dormitory-style rooms where detainees may be housed in addition to examination rooms.410
A.

Access to Medical Care

The Standards require that all detainees have access to medical services that
promote detainee health and general well-being.411 Each facility is required to have regularly
scheduled times, known as sick call, when medical personnel are available to examine detainees
who have requested medical services.412 For a facility of over two hundred detainees, there must
be sick call five days per week.413 Facilities must also have procedures in place to provide
emergency medical care for detainees who require it.414 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.415 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-in-Charge in writing.416
KCPF appears to have met this section of the Standards. Before a detainee is
admitted to KCPF, the transporting officer must complete an observation summary that includes

405

Kenosha County Sheriff’s Department: Detention Division (available at
http://www.co.kenosha.wi.us/sheriff/ksdjail.html).
406

b6
Notes of delegation member
on conversation with Corporal
detainee housed at KCPF, as stated above. See infra, Section I.

b6,b7c

. Currently there is one

407

Kenosha County Sheriff’s Department: Detention Division (available at
http://www.co.kenosha.wi.us/sheriff/ksdjail.html).
408

Notes of delegation member

on conversation with Sergeant
b6

b6,b7c

409

Notes of delegation member

410

Observations of delegation member

411

Detention Operations Manual, Health Services, Standard 2, Section I.

412

Detention Operations Manual, Health Services, Standard 2, Section I.

413

Detention Operations Manual, Health Services, Standard 2, Section I.

414

Detention Operations Manual, Health Services, Standard 2, Section III.A, D, & G.

415

Detention Operations Manual, Health Services, Standard 2, Section III.H.

416

Detention Operations Manual, Health Services, Standard 2, Section III.J.

on conversation with Sergeant
b6

.

34

questions regarding infectious disease, harmful behavior, depression, and intoxication.417 If any
of these conditions are observed or otherwise indicated, the transporting officer must
immediately notify a Detention Division Supervisor.418 Once the detainee is admitted, the intake
officer must complete a visual observation summary about the detainee’s appearance and
behavior, a medical questionnaire, and a mental health risk assessment form.419 The officer may
decide to notify crisis intervention or medical staff, place the detainee on special watch status, or
segregate the detainee from the regular population on the basis of these forms.420 These forms
are confidential, but detainees’ health information is provided to staff on a need-to-know basis
for the protection of both the staff and the detainee.421
KCPF employs LPNs to provide twenty-four hour nursing care for any detainee
from KCPF or from KCDC who is contagious or requires constant care, including those
undergoing withdrawal from alcohol or drugs.422 These detainees are housed in a separate
medical wing that utilizes negative pressure to minimize the risk of contagion spreading.423
Detainees who use medical appliances such as wheelchairs, walkers, or prosthetics are also
housed in the medical wing.424 In addition to the LPNs, a doctor is available to see detainees in
need of medical treatment once per week, and a psychologist provides counseling services a total
of forty hours per week between KCPF and KCDC.425
Detainees may request medical care by filling out a form which is available in
English and Spanish and may be retrieved from the dormitory officer.426 An informational video
about the medical request forms is played in English and in Spanish each day.427 The form
outlines that detainees from KCDC will be charged $5.00 for on-site medical services, $10.00 for
off-site medical services, $5.00 for lab work, and $3.00 for prescriptions.428 Detainees are also
charged $3.00 for each non-prescription drug such as Pepto-Bismol, decongestant, and
Tylenol.429 If a detainee has insufficient funds in his or her commissary account, the account
will show a negative balance.430 A negative balance will be paid from money deposited into the

417

Kenosha County Sheriff’s Department: Transporting Officer Observation Summary, Ex. C hereto.

418

Kenosha County Sheriff’s Department: Transporting Officer Observation Summary, Ex. C hereto.

419

Kenosha County Sheriff’s Department Pretrial Facility: Medical/Mental Screening, Ex. D hereto.

420

Kenosha County Sheriff’s Department Pretrial Facility: Medical/Mental Screening, Ex. D hereto.

421

Notes of delegation member

on conversation with Sergeant

422

Notes of delegation member

on conversation with Sergeant

423

Notes of delegation member

on conversation with Sergeant

424

Notes of delegation member

425

Notes of delegation member

on conversation with Sergeant

426

Notes of delegation member

on conversation with Sergeant

427

Notes of delegation member

on conversation with Sergeant

428

Kenosha County Correctional Health Services: Inmate Medical Request Form, Ex. E hereto.

429

Kenosha County Correctional Health Services: Inmate Medical Request Form, Ex. E hereto.

430

Kenosha County Correctional Health Services: Inmate Medical Request Form, Ex. E hereto.

b6

on conversation with Sergeant

35

b6, b7c

account at a later date.431 Medical debts are not eliminated upon release from KCPF.432
However, medical care will not be refused to any inmate based on his or her ability to pay.433
There are no fees for a physical screening, follow-up visits ordered by in-house medical staff,
emergency care, crisis intervention counseling, or visits to medical professionals while the
detainee is being housed out of the county.434
If the dormitory officer determines that there is no medical emergency, the detainee
will be seen by medical personnel within the next twenty-four hours.435 In an emergency, a
nurse will assess the detainee and then recommend either treatment at KCPF or transportation to
a hospital emergency room.436
Prescription medications are generally distributed three times per day, although
detainees receiving treatment for HIV/AIDS receive medications more frequently.437 Methadone
is not prescribed to any detainee because the provider used by KCPF is not licensed to prescribe
it.438
B.

Access to Dental Care

The Standards require that detainees have an initial dental screening exam within
fourteen days of the detainee’s arrival, and require KCPF to provide emergency dental treatment
and repair of prosthetic appliances.439 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.440
KCPF has not fully met this section of the Standards; detainees do not receive a
dental screening. Although a dentist is available at KCPF once per week for approximately
three hours, detainees do not receive the initial dental screening exam required by the
Standards.441

431

Kenosha County Correctional Health Services: Inmate Medical Request Form, Ex. E hereto.

432

Kenosha County Correctional Health Services: Inmate Medical Request Form, Ex. E hereto.

433

Kenosha County Correctional Health Services: Inmate Medical Request Form, Ex. E hereto.

434

Kenosha County Correctional Health Services: Inmate Medical Request Form, Ex. E hereto.

435

Notes of delegation member

436

Notes of delegation member

, on conversation with Sergeant
, on conversation with Sergeant
b6

b6, b7c

437

Notes of delegation member

, on conversation with Sergeant

438

Notes of delegation member

, on conversation with Sergeant

439

Detention Operations Manual, Health Services, Standard 2, Section III.E.

440

Detention Operations Manual, Health Services, Standard 2, Section III.E.

441

Notes of delegation membe

b6

on conversation with Sergeant

36

b6, b7c

A sign posted in the lobby states that no family or
friend visitation is allowed on holidays. (p.4 ¶4)
Detainees are permitted one family visit per week,
which is limited to twenty to thirty minutes. (p.5 ¶3)

Delegation
observations.
Corporal

ƒ

All conversations in the attorney-client meeting
rooms are recorded. The tapes are marked
“privileged” and stored in a locked storage
container. (p.3 ¶3)

Corporal

ƒ

KCDC does not have a legal library. Instead,
computers with Lexis Nexis are accessible to
detainees. (p.9 ¶1)
Three detainees were unaware that any
immigration-related legal materials are available
to them. (p.9 ¶2)

Corporal

ƒ

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6

ƒ
ƒ

ICE Response

es
an

.

b6,b7c
b6,b7c

Standard 17, Visitation
ƒ I. To maintain detainee morale and family relationships,
[ICE] encourages visits from family and friends.
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.
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. [E]ach detainee may meet privately with current or
prospective legal representatives and their legal assistants.
ƒ III.I.9. Visits between legal service providers … and an
individual detainee are confidential and shall not be
subject to auditory supervision. … [O]fficers may observe
such meetings visually through a window or camera to the
extent necessary to maintain security, as long as the
officer cannot overhear the conversation.
Standard 1, Access to Legal Material
ƒ III.A. The facility shall provide a law library in a
designated room with sufficient space to facilitate
detainees’ legal research and writing.

b6,b7c

Source

b6,b7c

3.

Delegation Report

b6,b7c

2.

ICE Standard*

b6,b7c

1.

and
er fr

b6

Facility Name: KENOSHA COUNTY DETENTION CENTER, Kenosha, WI
Date of Tour: July 12, 2007
Tour Participants: Latham & Watkins LLP attorneys and summer associates
*Standards are Detainee Services Standards unless otherwise indicated. Sta
Report comments in bold are priority issues for ICE-ABA discussion.

11/22/2007

1

Corporal

ƒ

The Inmate Handbook does not mention the law
library or computer. (p.12 ¶2)

Inmate Handbook.

ƒ

Indigent detainees do not receive free stamps.
(p.10 ¶4)
Detainees indicated that all mail is opened and read,
but it is unclear whether the mail is read in the
presence of the detainees. (p.14 ¶3)

Detainee

ƒ

Corporal

b6,b7c

ƒ

Detainees
and

b6,b7c

No hard copies of materials are provided; legal
information is only available on computer. (p.10
¶1)
Detainees reported that requests for the legal
computer use are granted about a week after the
request, or are denied altogether. (p.9 ¶2)
Detainees are not allowed to assist other
detainees with legal research
omputer.
(p.11 ¶2) However, Corporal
stated that
officers will assist detainees in
e computer
and in translating. (p.10 ¶1)

b6,b7c

ƒ

b6,b7c

ABA Commission on Immigration - Detention Standards Implementation Initiative

Corporal
detainee
and

b6,b7c b6,b7c
b6,b7c

6.

ƒ

b6,b7c

5.

Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials listed in
Attachment A. … The facility shall post a list of its
holdings in the law library.
Standard 1, Access to Legal Material
ƒ III.G. The facility shall…permit all detainees, regardless
of housing or classification, to use the law library on a
regular basis. Each detainee shall be permitted to use the
law library for a minimum of five (5) hours per week.
ƒ III.K. The facility shall permit detainees to assist other
detainees in researching and preparing legal documents
upon request ….
ƒ III.L. Unrepresented … non-English speaking detainees
who wish to pursue a legal claim related to their
immigration proceedings or detention and indicate
difficulty with the legal materials must be provided with
more than access to a set of English-language law books.
Facilities shall establish procedures to meet this
obligation, such as: 1. helping the detainee obtain
assistance in using the law library and drafting legal
documents …
Standard 1, Access to Legal Material
ƒ III.Q. The detainee handbook … shall provide detainees
with the rules and procedures governing access to legal
materials, including … 1. that a law library is available for
detainee use; 2. the scheduled hours of access to the law
library; 3. the procedure for requesting access to the law
library; ….
Standard 1, Access to Legal Material
ƒ III.N. The facility will provide indigent detainees with
free envelopes and stamps for mail related to a legal
matter….
Standard 3, Correspondence and Other Mail
ƒ III.E. Inspection of Incoming Correspondence and Other
Mail. Any such inspection [of incoming special mail]
shall be in the presence of the detainee. Staff shall neither
read nor copy special correspondence.
ƒ III.F. Inspection of Outgoing Correspondence and Other
Mail. Outgoing special correspondence will not be
opened, inspected, or read.

b6,b7c

4.

11/22/2007

2

ƒ

Detainees do not receive a dental screening at
KCDC or at Kenosha County PreTrial Facility.
(p.19 ¶1)

Corporal
Sergeant

ƒ

The Inmate Handbook does not include information
about the classification levels, the conditions and
restrictions associated with each level, or the
appeals process. Several detainees were unaware of
the classification system and appeals process. (p.21
¶2)

Inmate Handbook;
detainees

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6,b7c

Corporal

ƒ

b6,b7c

Corporal
delegatio
observations.

b6,b7c
b6,b7c

Detained women do not have access to outdoor
recreation; the outdoor recreation areas are only
open to male detainees. (p.16 ¶1)
Detainees in disciplinary segregation have one hour
for recreation every other day, rather than five hours
per week, and this hour must also be used for
showering. (p.17 ¶1)

b6,b7c

9.

ƒ

b6,b7c

8.

Standard 13, Recreation
ƒ III.A.3. All new or renegotiated contracts and IGSAs will
stipulate that [ICE] detainees have access to an outdoor
recreation area.
ƒ III.B.1. If outdoor recreation is available at the facility,
each detainee shall have access for at least one hour daily,
at a reasonable time of day, five days a week, weather
permitting.
ƒ III.H. Detainees in the SMU shall be offered at least one
hour of recreation per day, scheduled at a reasonable time,
at least five days per week. This privilege shall be waived
only if the detainee’s recreational activity would
unreasonably endanger safety or security ….
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.
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.

b6,b7c

7.

11/22/2007

3

According to the Inmate Handbook, inmates on
disciplinary status “will not be allowed to receive or
send mail with the exception of legal
correspondence.” (p.24 ¶3)

Inmate Handbook.

ƒ

Religious headgear may not be worn while inside.
(p.28 ¶1)

Corporal

b6,b7c

ƒ

A detainee’s access to the legal research
computer is limited wh
regation.
According to Corporal
a detainee will
be allowed access to the
er only if his
need is justified. (p.29 ¶2)

Corporal

b6,b7c

ƒ

The Inmate Handbook is not given to detainees,
but the contents of the Inmate Handbook are
posted in the dorms. In addition, upon admission
to KCDC every detainee views an orientation video
in either English or Spanish that explains the rules
of KCDC and the penalties imposed for violations.
(p.31 ¶3; p.23 ¶5)

Corporal
delegatio
observations.

b6,b7c

1

ƒ

b6,b7c

10. Security and Control Standard 5, Disciplinary Policy
ƒ III.A.3. Staff may not impose or allow imposition of the
following sanctions: corporal punishment; deviations from
normal food services; deprivation of clothing, bedding, or
items of personal hygiene; deprivation of correspondence
privileges; or deprivation of physical exercise unless such
activity creates an unsafe condition.
11. Standard 14, Religious Practices
ƒ I. Detainees of different religious beliefs will be provided
reasonable and equitable opportunities to participate in the
practices of their respective faiths.
ƒ III.K. Detainees shall have access to personal religious
property, consistent with facility security.
ƒ Religious headwear … is permitted in all areas of the
facility, subject to the normal considerations of security
and good order ….1
12. Security and Control Standard 14, Special Management Unit
(Disciplinary Segregation)
ƒ III.D.15. When developing the schedule for law libraryaccess, the OIC will set aside blocks of time for the
detainees in disciplinary segregation. … The facility may
choose to provide segregated detainees upon-request
access only. Violent and/or uncooperative detainees may
be temporarily denied access to the law library ….
13. 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. The
handbook will also describe the services, programs, and
opportunities available …. Every detainee will receive a
copy of this handbook upon admission to the facility.
ƒ III.D. The handbook will list detainee rights and
responsibilities.

This section of the DOM is italicized; however, the italicized formatting appears to be in error, as there is no indication in the text that the italicized paragraphs of III.K
apply only at SPCs and CDFs.

ABA Commission on Immigration - Detention Standards Implementation Initiative

11/22/2007

4

14. [Detainee Handbook, continued]
Standard 1, Access to Legal Material
ƒ III.Q. Notice to Detainees. The detainee handbook or
equivalent, shall provide detainees with the rules and
procedures governing access to legal materials….
Standard 17, Visitation
ƒ III.B. Notification. The facility shall provide written
notification of visitation rules and hours in the detainee
handbook or equivalent, given each detainee upon
admittance. The facility shall also post these rules and
hours where detainees can easily see them.
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 ….

ƒ

There is nothing in the Inmate Handbook
regarding access to legal materials, legal
visitation, or procedures for contacting or
communicating with ICE staff. (p.32 ¶1)

ABA Commission on Immigration - Detention Standards Implementation Initiative

Inmate Handbook.

11/22/2007

5