MEMORANDUM
DATE

September 21, 2006

TO

John P. Torres, Acting Director, Office of Detention and Removal, Immigration and
Customs Enforcement

FROM

American Bar Association Delegation to the York County Prison Facility 1

COPIES
TO

b6

, ABA Commission on Immigration

SUBJECTReport on Observational Tour of the York County Pennsylvania Prison

This memorandum summarizes and evaluates information gathered at the York County
Prison (“York County”) in York, Pennsylvania, during the delegation’s August 7, 2006 visit to the
facility. The information was gathered from the delegation’s observation of the facility, from
interviews with detainees, and from discussions with York County and Immigration and Customs
Enforcement (“ICE”) personnel.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (INS),2 promulgated the
“INS Detention Standards” to ensure the “safe, secure and humane treatment” of immigration
detainees. The thirty-eight standards contained in the Detention Operations Manual cover a broad
spectrum of issues ranging from visitation policies to grievance procedures and food service.
These standards apply to ICE-operated detention centers and other facilities that house
immigration detainees pursuant to a contract or intergovernmental service agreement (“IGSA”).
The Detention Standards (the “Standards”) went into effect at ICE-operated detention
facilities on January 1, 2001. ICE intended to phase in the Standards at all of its contract and
IGSA facilities by December 31, 2002. The Standards constitute a floor rather than a ceiling for
the treatment of immigration detainees. In other words, they are designed to establish the
minimum requirements to which ICE must adhere in its facilities. Each Field Office or Officer-in1

2

The delegation was comprised of two attorneys and two paralegals from the Philadelphia office
b6
b6
of Dechert LLP, including
,
, Esquire,
and
b6
b6
Esquire
Effective March 1, 2003, the I.N.S. ceased to exist as an agency of the Department of Justice.
The I.N.S.’ immigration enforcement functions were transferred to Immigration and Customs
Enforcement (“ICE”), a division of the newly-created Department of Homeland Security
(“DHS”).

12508789.1

September 21, 2006
Page 2

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

INTRODUCTION
A.

The Delegation’s Visit, August 7, 2006

On Monday, August 7, 2006, the members of our delegation met with several members
of York County’s staff and representatives from the ICE office in York, Pennsylvania. Captain
, York County's Liaison for ICE, and ICE Deportation and Detention Officer, b6, b7C
b6, b7C
b6, b7C
and Assistant Field Office Director, Officer b6, b7C who was temporarily assigned as
an ICE supervisor to York County, led our delegation on a tour of the facilities and participated in
post-tour follow-up discussions. The delegation also spoke with other York County Prison
personnel during the tour, including Deputy Warden
, Dr.
, and
b6
b6, b7C
b6
Health Services Administrator. The delegation appreciates the cooperation of
these individuals who were very accommodating during our tour of the facility.
Our report is based on the discussions we had with these York County and ICE
employees, as well as observations of the facility and interviews with seven immigration detainees
including a detainee-trustee3 working in the library. In some 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 York County policy and procedures
successfully meet the Standards. However, in certain instances, the detainees’ reports conflicted
with statements made by facility personnel. Where we were unable to resolve the conflicting
reports, the delegation was unable to conclusively determine whether the Standards are met.
B.

General Information About the York Country Prison Detention Facility

York County houses federal immigration detainees according to an IGSA with ICE
According to the York County personnel, the facility has the capacity to hold 1,962 individuals.4
York County had a current population of 1,950 on the day of the delegation’s visit, 400-450 of
whom were immigration detainees.5 York County houses mostly males.6 At the time of the visit,
facility personnel reported that there were 255 female prisoners, only 13 of whom were
immigration detainees.7 The average length of stay for detainees is approximately one year.8

3
4

5

6

7

A trustee is an inmate who has earned the opportunity to work in the facility.
b6
b6
Notes of delegation members
and
, on conversation with
b6, b7C
Captain b6, b7C and
b6
b6
Notes of delegation members
and
, on conversation with
Captain b6, b7C and Officer b6, b7C
b6
b6
Notes of delegation members
and
, on conversation with
b6,
b7C
b6,
b7C
Captain
and Officer
b6
Notes of delegation member
and
, on conversation with
b6
Captain b6, b7C and Officer b6, b7C

September 21, 2006
Page 3

According to Officer b6, b7C and Captain b6, b7C , the facility includes eight general
population dormitories housing up to 48 inmates each, one 150-person dormitory, two 100-cell
blocks, five 160-cell blocks, 260 beds for females inmates, 200 outmate program beds, 60
segregation beds, and 25 medical beds. (These beds add up to significantly more than the 1,962
maximum capacity.) Holding cells can house an additional 70 inmates during any periods of
overcrowding, which Captain b6, b7C reported were infrequent.9 The delegation visited only a 48
inmate dormitory, a Behavioral Adjustment Unit (“B.A.U.”), and an Intensive Custody Unit
(“I.C.U.”) block.
The delegation met with detainees from Jamaica, Jordan, Morocco, Nigeria, and
Trinidad, and Officer b6, b7C informed the delegation that there were many detainees from
Mexico and the Middle East.10 About one-third of the detainees are Spanish-speaking.11 The
delegation observed several detainees from Indonesia waiting for a meeting with their consulate
representative. The prison contracts with a language service and uses other inmates to translate.12
According to Captain b6, b7C most of the immigration detainees housed at York County
have criminal records, and the population also included 50 to 100 asylum seekers.13 Deputy
Warden b6, b7C reported that asylum seekers accounted for 200 detainees.14 Most of the
detainees interviewed indicated that they had prior criminal records, had served their sentences and
were at York County only for immigration proceedings.15
III.

LEGAL ACCESS STANDARDS
A.

8

Legal Access/Visitation

b6
Notes on delegation member
b6, b7C
b6, b7C and Officer
.
9
b6
Notes of delegation member
Officer b6, b7C
10
b6
Notes of delegation member
b6
, on conversation with detainees
b6, b7C
b6, b7C
and
observation.
11
b6
Notes of delegation member
b6,
b7C
Officer
12
b6
Notes of delegation member
Officer b6, b7C
13
Notes of delegation member
14
b6
Notes of delegation member
15
Notes of delegation member
b6 on conversations with detainees
b6, b7C and
b6, b7C

, on conversation with Captain
on conversation with Captain
,
b6, b7C
b6, b7C

b6

,

,

b6, b7C

and

, and

b6

b6, b7C

, and Officer

Officer

b6, b7C

b6

b6, b7C
b6, b7C

and on

, on conversation with Officer

b6, b7C

, on conversation with Officer

b6, b7C

on conversation with Captain b6, b7C
on conversation with Deputy Warden
b6
,
,
b6
b6, b7C
b6,
b7C
b6, b7C
,
,
,

and
and

b6, b7C
b6
b6, b7C

September 21, 2006
Page 4

1. Visitation by Attorneys
The Standards state that facilities should permit legal visitation seven days per week.16
Attorneys should have access to their clients eight hours per day during the week and four hours
per day during the weekend.17 The visits must be private, and should not be interrupted for head
counts.18 Detention centers should permit visits from attorneys, other legal representatives, legal
assistants, and interpreters.19 Detainees in either administrative or disciplinary segregation should
be allowed legal visitation.20
York County meets this section of the Standards. Attorneys may visit detainees
seven days per week, at least during regular visiting hours of 8:45 – 11:45 and 1:00 – 3:30.21
Detainees meet with attorneys in four private glass walled attorney-client rooms, which are clean,
well-lit and free from distractions.22 Attorney visits are contact visits.23 Neither attorneys nor
inmates are searched in connection with these visits.24 Deputy Warden b6, b7C stated that a Form
G-28 was required by the facility for an attorney visit, but that once the form was obtained, access
by attorneys was routinely granted.25 Paralegals and translators are also allowed to visit, as long as
the translator is not related to the detainee.26 According to Deputy Warden b6, b7C Pennsylvania
Immigration Resource Center (“PIRC”) has earned the respect of York County and PIRC attorneys
are trusted.27 Detainees in the B.A.U. and I.C.U. have the same ability to meet with attorneys as
other inmates.28
No detainee reported trouble arranging attorney visits.29 Detainee
that attorney visits could be arranged at any time.30

16
17
18
19
20
21
22
23

24

25
26

27
28

29

30

b6, b7C

stated

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.12.
Inmate Handbook for York County Prison [“Inmate Handbook”] at 4.
b6
b6
Observations of delegation members
and
.
b6
Notes of delegation member
on conversation with Captain b6, b7C and on
observation.
b6
b6
Notes of delegation members
and
on conversation with
Captain b6, b7C and on observation.
Notes of delegation member
, on conversation with Deputy Warden b6, b7C
b6
Notes of delegation member
, on conversations with Deputy Warden b6, b7C
and Captain b6, b7C .
Notes of delegation member
on conversation with Deputy Warden b6, b7C
b6
Notes of delegation member
on conversation with Officer b6, b7C Captain
b6, b7C , and Officer
b6, b7C
.
b6
Notes of delegation members
and
, on conversations with
b6
b6,
b7C
b6,
b7C
b6, b7C
detainees
,
, and
b6, b7C
b6
Notes of delegation member
on conversation with detainee
.

September 21, 2006
Page 5

2. Visitation by Family and Friends
The Standards state that facilities should establish written visitation hours and
procedures, and make them available to the public.31 The visiting area is to be “appropriately
furnished and arranged, and as comfortable and pleasant as practicable.”32 Visiting hours shall be
set on Saturdays, Sundays, and holidays, and the Standards encourage facilities to accommodate
visitors at other times when they are facing a particular hardship.33 Visits should be at least 30
minutes long, and longer when possible, especially for family members traveling significant
distances to visit.34 If a facility does not provide for visits from minors, ICE should arrange for
visits with children or stepchildren within the detainee’s first 30 days at the facility, with
continuing monthly visits.35 Visits should be granted to detainees in both disciplinary and
administrative segregation unless the detainee violates the visitation rules or threatens the security
of the visitation room.36
York County meets this section of the Standards, although the facility apparently
did not extend the visit of one visitor who had traveled a great distance. The facility posted a
sign with visiting hours at the entrance to and inside the visitors’ waiting room.37 Visiting hours
are permitted from 8:45 to 11:45 a.m., Monday through Friday, plus 1:00 to 3:30 p.m. for men and
1:00 to 3:00 p.m. everyday except Sunday for women.38 Additional visitation is available for
minimum security inmates from 6:00 to 8:00 p.m., Monday through Friday.39 Children are
allowed to visit Thursdays and Fridays from 3:30 to 5:15 p.m. and from 1:00 to 3:00 p.m. on
Sunday for women only.40 Upon admission, inmates must provide a list of visitors.41 If a visitor is
not on the list, he or she may not see the inmate.42 All visits are non-contact.43 Visits are limited
to three half-hour visits per week.44 Inmates in the B.A.U. are allowed one visit per month.45

31
32
33
34
35
36
37
38
39
40
41
42
43

44

45

Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.
Detention Operations Manual, Detainee Services, Standard 17, Section III.G.
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5.
b6
Observations of delegation member
.
Notes of delegation member
on conversation with Officer
.
Notes of delegation member
on conversation with Officer
.
b6,
b7C
b6
Notes of delegation member
on conversation with Officer
.
Notes of delegation member
on conversation with Officer
.
Notes of delegation member
on conversation with Officer
.
b6
b6
Notes of delegation members
and
, on conversations with
b6, b7C
Captain b6, b7C and detainee
.
b6
Notes of delegation member
, on conversations with Officer b6, b7C and
Captain b6, b7C
b6
Notes of delegation member
, on conversations with Officer b6, b7C and
Captain b6, b7C

September 21, 2006
Page 6

Those in the I.C.U. have normal visitation.46 Detainee b6, b7C complained that he was only
allowed to speak with his wife for a half hour after she had driven from Illinois, which was his
only visit in two years.47 Detainee b6, b7C ’ mother was turned away after traveling from
Philadelphia because she was not on the list.48
B.

Telephone Access
1. General Requirements

The Standards require that facilities provide detainees with reasonable and equitable
access to telephones during established facility waking hours.49 In order to meet this requirement,
facilities must provide at least one telephone for every 25 detainees.50 The Standards also require
the telephone access rules to be provided in writing to each detainee upon admittance, and that the
rules be posted where detainees may easily see them.51
York County appears to meet this section of the Standards. However the
delegation toured only the dormitory, I.C.U. and B.A.U. areas; it did not tour any cell blocks
where the majority of inmates are housed and, therefore, was unable to determine how
consistently the facility followed the Standard.
While the delegation did observe that telephone access rules were not consistently
posted,52 Officer b6, b7C explained that inmates would often write information on the posters
and tear them down.53 When posted, rules are in English and Spanish.54 The rules are also
discussed in the Inmate Handbook.55 Consulate numbers are posted.56 According to Officer
b6, b7C and Captain b6, b7C , there are two phones in each 32- to 48-person dormitory. In smaller
units of approximately 12 people, there is one phone.57 The delegation observed four phones in
the 48-bed dormitories and one phone in the smaller I.C.U. and B.A.U. units.58

46

47
48
49
50
51
52
53
54
55
56
57
58

b6
Notes of delegation member
, on conversation with Officer b6, b7C and
Captain b6, b7C
b6, b7C
b6
Notes of delegation member
, on conversation with
b6
b6, b7C
Notes of delegation member
on conversation with detainee
.
Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.
b6
Observations of delegation member
b6
Notes of delegation member
on conversation with Officer b6, b7C .
b6
Observations of delegation member
.
Inmate Handbook at 8.
Notes of delegation member
, on observation.
b6
b6
Notes of delegation member
, on conversation with Captain b6, b7C
b6
Observations of delegation member
.

September 21, 2006
Page 7

2. Direct Calls and Free Calls
The Standards allow facilities to generally restrict calls to collect calls;59 however, the
facility must permit detainees to make direct calls to the local immigration court and the Board of
Immigration Appeals, federal and local courts, consular officials, legal service providers,
government offices, and to family members in case of emergency.60 The facility shall not require
indigent detainees to pay for these types of calls if local, or for non-local calls if there is a
compelling need.61 In addition, the facility shall enable all detainees to make calls to ICE–
provided list of free legal service providers and consulates at no charge to the detainee or the
receiving party.62
York County does not meet this section of the Standards: according to detainees
and delegation observations, telephones do not work properly so detainees are unable to
make calls to pre-programmed numbers. According to staff, phones are pre-programmed for
courts, embassies, and PIRC, and these calls are available free for immigrant detainees when they
enter their "A" number. Phones are checked every month to be certain that they are still
working.63 Several detainees, however, reported that the pre-programmed phones did not always
work (for example, agencies could not hear) and the consulate numbers were often incorrect.64
b6
Delegation member
placed a test phone call to PIRC. He could hear the PIRC
employee, but he could not be heard.65
Detainees complain that the phone charges are very expensive.66 For example, Mr.
b6, b7C
had to pay $30 for a 15-minute call to Illinois.67 When a detainee complained that the
pre-paid international phone cards didn’t work, he was told “don’t buy the phone card.”68 Officer
b6, b7C acknowledged that there had been a problem with the cards, but said that Officer
b6, b7C

59
60
61
62
63
64

65
66

67

68

Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
Notes of delegation member
, on conversation with Officer b6, b7C
b6
b6
Notes of delegation member
and
on conversations with
b6,
b7C
b6, b7C
detainees
and
.
b6
Observations of delegation member
l.
b6
b6
Notes of delegation members
and
, on conversations with
b6, b7C
b6, b7C
detainees
and
.
b6
b6
Notes of delegation members
and
on conversations with
b6, b7C
detainees
and
b6, b7C
b6, b7C
b6
Notes of delegation member
on conversation with detainee

September 21, 2006
Page 8

had worked very hard and had resolved this problem.69 Several detainees reported that ICE
allowed them to place free personal calls on occasion.70
3. Telephone Access to Legal Representatives
The Standards require that the facility ensure privacy for detainees’ telephone calls
regarding legal matters.71 Legal calls may not be monitored without a Court Order.72
York County does not fully meet the section of the Standards regarding telephone
privacy. Detainees are unable to make private telephone calls, because the phones are all located
in the housing units with no privacy safeguards: telephones are out in the open, and there are no
partitions for privacy.73 According to staff, attorney calls are not monitored and are not limited to
20 minutes.74
4. Incoming Calls and Messages
The Standards suggest that facilities take and deliver messages to detainees as promptly
as possible.75
It is unclear whether York County meets this standard. According to Deputy
Warden b6, b7C , attorneys can call the ICE office and get a message to a detainee.76 However,
two detainees reported that corrections officers refused to convey messages to inmates.77 Usually
facility personnel will not pick up the phone.78 If they do, they apparently often tell attorneys not
to call back.79 One detainee reported that he did receive messages.80

69

70

71
72
73
74
75
76

b6
b6
Notes of delegation members
and
, on conversation with
Officer b6, b7C
b6
b6
b6
Notes of delegation members
,
, and
, on
b6,
b7C
b6,
b7C
b6, b7C
conversations with
,
, and
.
Detention Operations Manual, Detainee Services, Standard 16, Section J.
Detention Operations Manual, Detainee Services, Standard 16, Section K.
b6
Observations of delegation member
.
b6
Notes of delegation member
, on conversation with Officer b6, b7C .
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
b6
Notes of delegation member
, on conversations with Deputy Warden
b6, b7C

77

78

79

80

Notes of delegation member
b6, b7C
.
Notes of delegation member
b6, b7C
.
Notes of delegation member
b6, b7C
b6, b7C
and
Notes of delegation member

b6

, on conversations with

b6, b7C

and

b6

, on conversations with

b6, b7C

and

b6

, on conversations with detainees

b6, b7C

.
b6

, on conversation with detainee

b6, b7C

.

September 21, 2006
Page 9

5. Telephone Privileges in Special Management Unit
The Standards provide that detainees who are in the Special Management Unit for
disciplinary reasons shall be permitted to make direct and/or free calls,81 but calls are restricted to
legal calls, calls to consular or embassy officials, and family emergencies.82
York County meets this section of the Standards. According to staff, detainees in the
B.A.U. and Intensive Custody Unit (I.C.U.)83 may make attorney phone calls.84 Those in the
I.C.U. may also make personal calls during their one-hour out of lock-down.85 Those in the
B.A.U. may also request calls to their consulates.86 They may not make personal calls.87
C.

Access to Library and Legal Materials

All facilities “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.”88
1. Library Access
The Standards suggest that each facility shall have a flexible schedule for law library use
that permits all detainees, regardless of housing or classification, to use the law library on a regular
basis.89 Each detainee shall be permitted to use the law library for a minimum of five hours per
week.90
York County substantially meets this section of the Standards for men, but women
may not use the main library, and the women’s library has fewer books. However, women
are apparently able to request books from the other libraries. The facility maintains four or
five law libraries which are open from 9:00 to 11:00, 1:00 to 4:00, and 7:00 to 10:00, Monday
through Sunday. These hours are posted on a window of the library. Use of the library is
scheduled according to housing unit, and each inmate has at least five hours of access per week.91
81
82
83

84

85

86
87

88
89
90
91

Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
Detention Operations Manual, Security and Control, Standard 14, Section III.D.19.
According to the Inmate Handbook, the I.C.U. is “a non-punitive housing unit where each
inmate is kept separate from other inmates.” Inmate Handbook at 5.
b6
Notes of delegation member
, on conversation with Officer b6, b7C and
Captain b6, b7C
b6
Notes of delegation member
, on conversation with Officer b6, b7C and
Captain b6, b7C .
Notes of delegation member
, on conversation with Officer b6, b7C
b6
Notes of delegation member
, on conversation with Officer b6, b7C , Captain
b6, b7C , and Officer
b6, b7C
Detention Operations Manual, Detainee Services, Standard 1, Section I.
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
b6
Notes of delegation member
, on conversation with Captain b6, b7C

September 21, 2006
Page 10

However, one detainee complained that library visits were often delayed, thus reducing the time
actually available in the library.92 Inmates in segregation may request books from the library.93
Each library is staffed by two or more trustees who are familiar with the available materials.94
Women may not use the main library.95 Captain b6, b7C informed us that the women’s library had
fewer books available than the main and other satellite libraries, and women had to request books
from those libraries.96
2. Library Conditions
The Standards require the facility to provide a law library in a designated room with
sufficient space to facilitate detainees’ legal research and writing.97 It should be large enough to
provide reasonable access to all detainees who request its use and shall contain a sufficient number
of tables and chairs in a well-lit room, reasonably isolated from noisy areas.98 The facility shall
provide legal materials, equipment and document-copying privileges and the opportunity to
prepare legal documents.99
York County meets this section of the Standards. The delegation visited the main
library and one satellite library. The libraries were well lit and had adequate chairs and tables.100
Paper and writing implements are provided to detainees.101 One detainee reported, however, that
inmates who were simply interested in leaving their cells and getting out to “watch females go by”
and had no interest in doing legal research caused a fair level of disruption.102
3. Legal Materials
The Standards require that all facility law libraries contain the materials listed in
Attachment A to the chapter on Access to Legal Materials.103 These materials must be updated
regularly, and information must be added on significant regulatory and statutory changes regarding

92

b6
b6, b7C
Notes of delegation member
, on conversation with detainee
b6
b6
Notes of delegation members
and
, on conversations with
Captain b6, b7C and Officer b6, b7C and on observation.
94
b6
Notes of delegation member
, on conversation with Captain b6, b7C and
b6, b7C
detainee trustee
.
95
Notes of delegation member
, on conversation with Captain
b6
b6, b7C
96
Notes of delegation member
, on conversation with Captain
97
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
98
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
99
Detention Operations Manual, Detainee Services, Standard 1, Section I.
100
b6
Observations of delegation member
.
101
b6
Notes of delegation member
on conversation with Officer b6, b7C .
102
b6
b6, b7C
Notes of delegation member
on conversation with detainee
.
103
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.

93

September 21, 2006
Page 11

detention and deportation of aliens in a timely manner.104 Damaged or stolen materials must be
promptly replaced.105
York County does not meet this section of the Standards. The delegation visited two
libraries, including the main library, and did not find many of the required resources in hard
b6, b7C
, many more resources were
copy.106 According to Captain b6, b7C and detainee
107
available by computer. However, the delegation determined that only limited resources were
available on the computer.108 Each computer contained three programs: Word Pad, Lexis/Nexis
CD on Folio 4 Client, and Law Desk 5.70.109 There was no internet service.110 Lexis is updated
three times a year.111 Many of the materials maintained in the major and satellite libraries were not
up-to-date.112 For example, the last volume in the Supreme Court Reporter was from 1999 and the
Federal Reporter 3d series went up to 2001.113 The Pennsylvania Reporter in the main library
went through February 2006.114
The following resources were NOT observed in the libraries by the delegation:115
• Bender’s Administrative Decisions Under Immigration & Nationality Laws after
Volume 14
• Bender's Immigration and Nationality Act Service
• Immigration Law and Defense
• Guide For Immigration Advocates
• Country Reports On Human Rights Practices
• Human Rights Watch—World Report
• UNHCR Handbook on Procedures and Criteria For Determining Refugee Status
• Considerations for Asylum Officers Adjudicating Asylum Claims For Women
• Lawyers Committee Handbook on Representing Asylum Applicants
• Federal Habeas Corpus, Practice and Procedure
• Criminal Procedure
104

Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
106
Delegation observations.
107
b6
Notes of delegation member
on conversations with Captain b6, b7C and
b6, b7C
.
108
b6
b6
Notes of delegation members
and
, on conversation with
b6, b7C
detainee
and on observation.
109
b6
b6
Notes of delegation members
and
, on conversation with
b6,
b7C
detainee
and on observation.
110
b6
b6
Notes of delegation members
and
, on conversation with
b6, b7C
detainee
and on observation.
111
b6
Notes of delegation member
, on conversation with Officer b6, b7C .
112
Observations of delegation member
.
113
b6
Observations of delegation member
.
114
Observations of delegation member
.
115
b6
b6
Observations of delegation members
and
.
105

September 21, 2006
Page 12

• Legal Research In A Nutshell
• Legal Research And Writing: Some Starting Points
• Directory of Non Profit Agencies that Assist Persons in Immigration Matters
The facility reportedly has additional periodicals, but they are not always made available.116
4. Computer Access, Equipment, and Holdings
The Standards require that the library provide an adequate number of typewriters or
computers, writing instruments, paper, and office supplies so that detainees can prepare documents
for legal proceedings.117
York County does not fully meet this section of the Standards: detainees are unable
to save computer documents to prepare for proceedings. The delegation observed four to six
computers in the main library, and three in the satellite library.118 Detainees are not permitted to
save documents on the hard drive.119 They may only print documents upon permission.120
According to one detainee, detainees are not permitted to save their documents on a diskette or on
a CD.121 Especially given the reduced hours and disruption, the inability to save documents is a
significant hardship as it makes it very difficult to draft lengthy court papers.122 According to
Deputy Warden b6, b7C , CDs present a security risk, as they can be used as a weapon if broken.123
Diskettes represent a lesser risk, although they can serve as a vehicle for transporting illegal
substances.124 The facility is working on the problem.125
D.

Assistance From other Detainees

The Standards require that the facility permit detainees to assist other detainees in
research in preparing legal documents upon request.126

116

117
118
119
120
121
122
123

124

125

126

b6
Notes of delegation member
, on conversation with detainee b6, b7C
b6, b7C .
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
b6
Observations of delegation member
.
Notes of delegation member
, on conversation with detainee
Notes of delegation member
, on conversation with detainee
b6
b6, b7C
Notes of delegation member
, on conversation with detainee
Notes of delegation member
, on conversation with detainee
b6
b6
Notes of delegation members
and
, on conversation with Deputy
Warden b6, b7C .
b6
b6
Notes of delegation members
and
, on conversation with Deputy
Warden b6, b7C .
b6
b6
Notes of delegation members
and
, on conversation with Deputy
b6,
b7C
Warden
.
Detention Operations Manual, Detainee Services, Standard I, Section III.K.

September 21, 2006
Page 13

York County meets this section of the Standards. Captain b6, b7C explained that
library trustees were very well informed and were permitted to assist detainees.127 The delegation
b6, b7C
observed trustees working in the library and detainee trustee
reported that he
128
assists detainees. In addition, one detainee reported that he assists other inmates.129
1. Photocopies
The Standards provide that each facility shall ensure that detainees can obtain
photocopies of legal materials, when such copies are reasonable and necessary for legal
proceedings involving the detainee.130 Enough copies must be provided so that a detainee can
fulfill court procedural rules and retain a copy for his records.131 Facility personnel may not read a
document that on its face is clearly related to a legal proceeding involving the detainee.132
York County meets this section of the Standards. Detainees at York County may
make copies by filling out a blue request form. There is no charge for copies. The procedure for
obtaining copies is posted in the library.133
E.

Personal Legal Materials

According to the Standards, a facility should permit detainees to retain all personal legal
material unless such material creates a hazard.134
York County substantially meets this section of the Standards. Captain b6, b7C
informed the delegation that detainees are allowed to maintain their personal legal papers with
them unless there is a large volume, in which case the documents are kept in storage.135 Officer
b6, b7C
said that documents in storage could be retrieved within a day or so.136 Detainees
confirmed that they were allowed to maintain their legal papers with them.137 However, detainee

127
128

129
130
131
132
133

134
135
136

137

Notes of delegation member
on conversation with Captain b6, b7C .
b6
Notes of delegation member
on observation and conversation with detainee
b6, b7C
.
b6
b6, b7C
Notes of delegation member
on conversation with detainee
.
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
b6
Notes of delegation member
on conversation with Officer b6, b7C and
observation.
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
Notes of delegation member
, on conversation with Captain b6, b7C .
b6
Notes of delegation member
, on conversation with Captain
and
b6,
b7C
Officer
b6
Notes of delegation member
on conversations with detainees b6, b7C
b6, b7C
b6, b7C
and

September 21, 2006
Page 14

Lawal reported that his documents were misplaced during transit from one area of the facility to
another.138
F.

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.”139 Informational posters are to be prominently displayed in the housing units at least
forty-eight hours in advance of a scheduled presentation.140 While the presentations are open to all
detainees, the facility “may limit the number of detainees at a single session.141 “The facility shall
select and provide an environment conducive to the presentation, consistent with security.”142 In
addition, detainees shall have regular opportunities to view an “I.N.S.-approved videotaped
presentation on legal rights.”143
The extent to which York County meets this standard is unclear because
information provided by authorities and detainees is in conflict. According to Deputy Warden
b6, b7C , each week the facility plays the “Know Your Rights” video at 10:00 a.m. on all the
facility’s TVs.144 The fact that the video will be played is announced on the public address
system.145 This video cannot be watched in the B.A.U. or I.C.U., but individual arrangements can
be made.146
According to Deputy Warden b6, b7C the facility also allows live group presentations
by PIRC.147 Attorneys always have opportunities to speak with detainees after such
presentations.148 Notices are not posted announcing the presentations, but announcements are
made on the public address system.149 Inmates in the B.A.U. and I.C.U. cannot attend these
presentations, but individual arrangements will be made.150 Deputy Warden b6, b7C estimated
that approximately 35 people attend each such meeting.151

138
139
140
141
142
143
144

145
146
147
148
149
150
151

b6, b7C
b6
Notes of delegation member
, on conversation with detainee
Detention Operations Manual, Detainee Services, Standard 9, Section I.
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
Detention Operations Manual, Detainee Services, Standard 9, Section III.E.
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
b6
Notes of delegation member
, on conversation with Deputy Warden
b6, b7C .
Notes of delegation member
, on conversation with Deputy Warden
Notes of delegation member
, on conversation with Deputy Warden
Notes of delegation member
, on conversation with Deputy Warden
b6
Notes of delegation member
, on conversation with Deputy Warden
Notes of delegation member
, on conversation with Deputy Warden
Notes of delegation member
, on conversation with Deputy Warden
Notes of delegation member
, on conversation with Deputy Warden

b6, b7C

September 21, 2006
Page 15

b6, b7C
Detainees could not recall live presentations ever being made.152 Detainee
,
who has been in the facility since February, believes the “Know Your Rights” video played on
television at one time, but does not anymore.153 Detainee b6, b7C said that he remembered that
such a video had been played at one time, but he believes it had not been aired for at least six
months,154 and detainee b6, b7C reported never seeing the video.155

IV.

OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Correspondence and Other Mail

The Standards require that detainees be allowed to send and receive correspondence in a
timely manner, subject to limitations required for safety, security, and orderly operation of the
facility.156 General correspondence shall be opened and inspected for contraband in the presence
of the detainee, but may be opened and even read outside the presence of detainee if security
reasons exist for doing so.157 Special correspondence — which includes all written
communication to or from attorneys, legal representatives, judges, courts, government officials,
and the news media — is treated differently.158 Incoming special correspondence can be inspected
for contraband only in the presence of the detainee, but it can never be read or copied.159 Outgoing
special correspondence cannot be opened, inspected, or read.160 The Standards also require that
facilities provide writing paper, implements, and envelopes at no cost to detainees,161 and provide
indigent detainees with free envelopes and stamps for mail related to a legal matter, including
correspondence to a legal representative, potential representative, or any court.162 Finally, the
Standards require that facilities notify detainees of specific information regarding correspondence
policies.163
York County substantially meets this section of the Standards, although detainees
reported having to buy stamps and envelopes for legal mail, and reported that sometimes
152

153

154

155
156
157
158
159
160
161
162
163

b6
b6
b6
Notes of delegation members
,
, and
, on
b6, b7C
b6, b7C
b6, b7C
conversations with detainees
,
,
, and
b6, b7C
The ABA understands that PIRC has now obtained a grant to provide legal
rights presentations, which may have started after the delegation’s visit.
b6
Notes of delegation member
on conversation with detainee b6, b7C
b6, b7C
.
b6
Notes of delegation member
, on conversation with detainee b6, b7C
b6, b7C .
b6
b6, b7C
Notes of delegation member
, on conversations with detainee
Detention Operations Manual, Detainee Services, Standard 3, Section I.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B.E.2 & F.2.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B.4 & E.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.F.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.J.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.I.
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B.

September 21, 2006
Page 16

legal mail is opened outside their presence. Mail is usually delivered on the day after it is
received.164 It is opened, but not read, out of the presence of the inmate.165 According to Captain
b6, b7C
legal mail is opened in the presence of the inmate.166 Outgoing mail is logged, but not
read.167 In one conversation, Captain b6, b7C stated that ICE provides free mail service only to
those detainees who are indigent, based on their accounts.168 However, Officer b6, b7C stated that
ICE provides free mail for all ICE detainees.169
Detainees reported having to buy stamps and envelopes for legal mail, and one detainee
said that detainees are only provided one 39-cent stamp a week.170 Finally, detainees stated that
sometimes legal mail has been opened outside the presence of detainees.171
B.

Detainee Handbook

The Standards require that every Officer in Charge develop a site-specific detainee
handbook to serve as an overview of detention policies, rules, and procedures.172 Every detainee
should receive a copy of the handbook upon admission to the facility.173 The handbook should be
written in English and translated into Spanish and other prevalent languages as appropriate. 174
The Officer in Charge should provide a copy of the handbook to every staff member who has
contact with detainees. 175
York County meets this section of the Standards. The Inmate handbook for York
County Prison is given to each inmate upon admission.176 A copy of the handbook is also kept in
each housing area and will be translated if necessary. The Handbook is available in English,

164
165
166
167
168

169

170

171

172
173
174
175
176

Notes of delegation members
, on conversation with Captain
.
Notes of delegation members
, on conversation with Captain b6, b7C .
b6
Notes of delegation members
, on conversation with Captain
.
Notes of delegation members
, on conversation with Captain
.
b6
Notes of delegation members
and
, on conversation with
Captain b6, b7C .
b6
b6
Notes of delegation members
and
, on conversation with
Officer b6, b7C
b6
Notes of delegation member
on conversations with detainees b6, b7C
b6, b7C
b6, b7C
and
.
b6
Notes of delegation member
, on conversation with detainees b6, b7C
b6, b7C
b6, b7C
and
.
Detention Operations Manual, Detainee Services, Standard 6, Section I.
Detention Operations Manual, Detainee Services, Standard 6, Section I.
Detention Operations Manual, Detainee Services, Standard 6, Section III.E.
Detention Operations Manual, Detainee Services, Standard 6, Section III.G.
b6
Notes of delegation member
, on conversation with Officer b6, b7C

September 21, 2006
Page 17

Spanish, and two other languages.177 A summary information sheet is available in eight or more
languages. 178
C.

Access to Medical Care

The Standards require that all detainees have access to medical services that promote
detainee health and general well-being.179 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.180 For a facility of over 200 detainees, a minimum of five days per
week is suggested.181 Facilities must also have procedures in place to provide emergency medical
care for detainees who require it.182 All new arrivals shall receive medical and mental health
screening immediately upon arrival.183 Medical providers shall protect the privacy of detainees’
medical information to the extent possible.184
The delegation was unable to determine whether York County meets this section of
the Standards because information provided by officials and detainees was significantly
different. However, both staff and detainees reported serious delays in providing medical
care; and the delegation observed that privacy is not provided. Detainees must fill out a
request for sick call in order to see the doctor. York County’s goal is to insure that the inmate is
seen that day or the next.185
There are four medical areas, including one for women.186 For healthcare services, the
prison contracts with Prime Care, which employs 60 people at York County.187 During the day
there are six nurses, one mental-health worker, an Emergency Medical Technician (EMT), and a
Licensed Practical Nurse (LPN) on site, with two medical assistants in Admissions.188 In the
evening, there are six LPNs or RNs.189 Doctor b6 is on the premises for 8 hours a day,
177

b6
Notes of delegation member
, on conversation with Officer b6, b7C
b6
Notes of delegation member
on conversation with Captain b6, b7C and on
observation.
179
Detention Operations Manual, Health Services, Standard 2, Section I.
180
Detention Operations Manual, Health Services, Standard 2, Section III.F.
181
Detention Operations Manual, Health Services, Standard 2, Section F.3.
182
Detention Operations Manual, Health Services, Standard 2, Section III.A, D, and G.
183
Detention Operations Manual, Health Services, Standard 2, Section III.D.
184
Detention Operations Manual, Health Services, Standard 2, Section III.M.
185
b6
Notes of delegation member
, on conversation with Captain b6, b7C
186
b6
Notes of delegation member
, on conversation with Deputy Warden
b6, b7C
and Officer b6, b7C
187
b6
Notes of delegation member
, on conversation with Health Services
b6
Administrator
188
b6
Notes of delegation member
on conversation with Health Services
b6
Administrator
.
189
b6
Notes of delegation member
on conversation with Health Services
Administrator b6

178

September 21, 2006
Page 18

Monday through Friday, along with a physician’s assistant.190 He is on call 24 hours every day
and lives 25 miles from the facility.191 The facility is NCCHC (National Commission on
Correctional Health Care) accredited.192 York County Prison contracts with York Hospital for
evaluation services and contracts with Wellspan for specialty clinics. Mental health care is
outsourced. Referral to the hospital or clinics require approval from D.I.H.S.193
According to Health Services Administrator Carolyn b6 , new inmates with mental
or dental problems, injuries, detox issues and those in need of medicine or medical procedures are
screened within 24 hours of their arrival.194 The screening includes a standard health assessment,
TB test, test for sickle cell anemia, and a mental health assessment by a counselor.195 Another
staff member said inmates are seen within 48 hours.196 However, Captain b6, b7C said that not all
inmates are screened on admission.197
Health Services Administrator Terrasi reported that there is a significant amount of
paperwork and delay involved in obtaining D.I.H.S.’s approval of referrals for further treatment,
for medications or for diagnostic testing.198 Every time D.I.H.S. requests additional information, a
new Treatment Authorization Request ("T.A.R.") must be completed.199 Health Services
Administrator b6 relayed information about two instances in which D.I.H.S. had continued to
request additional information without ever denying her request for such an extended period of
time that York County provided the necessary medical procedures without D.I.H.S.’s approval
and, therefore, had to pay for those procedures.200 In one case, an inmate who had previously had
bladder cancer was in need of a cystoscopy.201 A second inmate had a large mass on the back of
190

191

192

193

194

195
196

197
198

199

200

201

Notes of delegation member
Administrator b6 .
Notes of delegation member
Administrator b6 .
Notes of delegation member
Administrator b6 .
Notes of delegation members
Health Services Administrator
Notes of delegation member
b6
Administrator
Notes of delegation member
Notes of delegation member
Office.
Notes of delegation member
Notes of delegation member
Administrator b6 .
Notes of delegation member
Administrator b6 .
Notes of delegation member
Administrator b6 .
Notes of delegation member
Administrator b6 .

b6

, on conversation with Health Services

b6

on conversation with Health Services

b6

, on conversation with Health Services

b6
b6

and

b6

, on conversation with

.
b6

on conversation with Health Services

b6

on conversation with Officer b6, b7C
on conversation with b6 in the Medical

b6

b6

on conversation with Captain
.
on conversation with Health Services

b6

on conversation with Health Services

b6

on conversation with Health Services

b6

, on conversation with Health Services

September 21, 2006
Page 19

his neck which was pressing on his spine and causing considerable pain. After a significant delay
waiting for approval, York County ultimately paid for the cystoscopy and surgery.202 The facility
has been waiting since October 2005 for approval for HIV medications.203 According to Health
Services Administrator b6
D.I.H.S. also delays approving medications that detainees had
been taking in another facility. 04
Deputy Warden b6, b7C estimated that in approximately 50-60% of the approvals
requested from D.I.H.S. there is a significant and deliberate delay—an attempt by D.I.H.S. to slow
down the process.205 He stated that the situation is so bad that York County has sued D.I.H.S.206
Deputy Warden b6, b7C emphasized that he had no problem at all with the ICE employees on
site.207
Deputy Warden b6, b7C related an incident in which D.I.H.S. would not approve a
mammogram for a female detainee with lumps in her breast.208 Although Deputy Warden b6, b7C
then stated that, despite these problems, there is no difference in the medical treatment available
for inmates and detainees, his earlier statements indicated that detainees’ medical procedures were
often delayed longer than treatment for other inmates while York County sought D.I.H.S.
approval.209
Deputy Warden b6, b7C told the delegation about a detainee who was on a hunger strike
and for whom he had a Court Order to insert a feeding tube. The facility requested D.I.H.S.
approval of the 24-hour nursing required with a feeding tube. D.I.H.S. responded that they wanted
the facility to insert and remove the tube for each meal. Deputy Warden b6, b7C said York
County refused to do the multiple intubation, implying that York County paid for the nurse.210
Officer b6, b7C had previously informed the delegation that ICE had instituted a
system to transfer detainees requiring more than routine medical care to special facilities.211 There
are mental health services at the Krome Detention Facility in Florida and more intensive medical
care is available in Atlanta.212 He reported that four inmates with mental health problems had been

202

203

204
205

206
207
208
209
210

211
212

Notes of delegation member
Administrator b6 .
Notes of delegation member
Administrator b6 .
Notes of delegation member
Notes of delegation member
Administrator b6
Notes of delegation member
Notes of delegation member
Notes of delegation member
Notes of delegation member
Notes of delegation members
Deputy Warden b6, b7C
Notes of delegation member
Notes of delegation member

b6

on conversation with Health Services

b6

on conversation with Health Services

b6

, on conversation with Deputy Warden
, on conversation with Health Services

b6

b6

b6

b6, b6, b7C

, on conversation with Deputy Warden
, on conversation with Deputy Warden
b6, b7C
, on conversation with Deputy Warden
, on conversation with Deputy Warden
b6
and
, on conversation with
on conversation with Officer
on conversation with Officer

b6, b7C

.
.

September 21, 2006
Page 20

transferred to Krome this year.213 Deputy Warden b6, b7C disagreed, saying that it is impossible
to get detainees into these special facilities.214 Dr.
reported that York had recently received
a detainee requiring significant medical care from the Atlanta facility.215
Most of the detainees interviewed complained about medical treatment, particularly that
care is delayed and that no pain medications stronger than Motrin are available in any situation.216
Deputy Warden b6, b7C stated that most grievances concerned medical care and pain
medication.217 He said that prisoners are probably going to get either Motrin or Tylenol for pain,
unless there is some physical problem that the doctor can see.218 Deputy Warden b6, b7C stated
that he is not interested in making inmates “feel good.”219 He stated that most facilities in the
northeast, and particularly in New York, provide narcotics to too many inmates, and that York
County does not do this. 220
b6, b7C
Detainee
reported that he had to wait three days to see a doctor for pain and
has been unable to get anything other than Motrin for severe back pain caused by a “bulging disk”
for which he had been on disability. Before he was incarcerated, he was given hydrocodone for
pain. He was reinjured in prison. At York County, he was told that the doctor could see no
evidence of a disk problem, but refused to send him for x-rays or other diagnostic testing. Mr.
b6, b7C
b6, b7C
arranged to have his medical records sent to
at ICE in Philadelphia.
He still has not been able to obtain anything other than Motrin.221

Detainee b6, b7C made a request to see the nurse and was able to see her four to five
days later.222 He also related a story about another detainee who has Huntington’s Chorea who

213
214
215

216

217

Notes of delegation member
Notes of delegation member
Notes of delegation member
b6
and Dr.
.
Notes of delegation members
conversations with detainees
b6, b7C .
Notes of delegation member

b6

b6
b6, b7C

b6

on conversation with Officer b6, b7C .
on conversation with Deputy Warden b6, b7C
on conversation with Deputy Warden
,

b6

,

b6, b7C

and

, on

b6
b6, b7C

and

b6, b7C

, on conversation with Deputy Warden

b6, b7C

218
219
220
221

Notes of delegation member
Notes of delegation member
Notes of delegation member
Notes of delegation member

b6

on conversation with Deputy Warden
on conversation with Deputy Warden
on conversation with Deputy Warden
on conversation with detainee b6, b7C

b6, b7C

222

Notes of delegation member
b6, b7C
.

b6

, on conversation with detainee

b6, b7C

b6, b7C

September 21, 2006
Page 21

shakes and faints, but receives no medication.223 Another inmate is 60 years old with urinary
problems and also receives no medication.224
Detainee b6, b7C filled out two forms for another detainee, Mr. b6, b7C with a severe
toothache/ear infection that caused him to lose consciousness.225 He stated that Mr. b6, b7C did not
get any medical attention and is no longer at York County.226 Mr. b6, b7C also reported that he has
been charged a fee for health care, but detainees are not given receipts for these fees.227
Detainees also complained about the five-minute medicine-line rule.228 If a detainee is
not in line within five minutes after being notified that medicine is being distributed, he does not
get his medication.229 The time can apparently be changed at will by corrections officers, and
shorter times are difficult to meet if a detainee is ill.230
The delegation observed that inmates and/or detainees231 were examined in view of other
inmates. In one instance, the door to the examining room was left open during an examination,
and other inmates were passing by and could look in on the examination.233 In another, a suicidal
inmate was interviewed right next to other inmates being seen by the medical staff.234
232

D.

Access to Dental Care

The Standards suggest that detainees have an initial dental screening exam within 14
days of the detainee’s arrival and require the facility to provide a number of services, including
emergency dental treatment and repair of prosthetic appliances.235 For detainees who are held in
detention for over six months, routine dental treatment may be provided, including amalgam and

223

Notes of delegation member

b6

on conversation with detainee

b6, b7C

b6

on conversation with detainee

b6, b7C

b6, b7C

224

Notes of delegation member
b6, b7C

225

Notes of delegation member
, on conversation with detainee
.
b6
b6,
b7C
Notes of delegation member
, on conversation with detainee
.
227
Notes of delegation member
, on conversation with detainee
.
228
b6
b6
b6
Notes of delegation members
,
, and
on
b6, b7C
b6, b7C
b6, b7C
conversations with detainees
,
, and
.
229
b6
b6
b6
Notes of delegation members
,
, and
on
b6, b7C
b6, b7C
b6, b7C
conversations with detainees
, and
230
b6
b6
b6
Notes of delegation members
,
, and
on
b6,
b7C
b6, b7C
b6, b7C
conversations with detainees
,
, and
231
Since inmates and detainees wear the same clothing, it is unclear whether inmates or detainees
were observed; therefore the term “inmates” in this paragraph may refer to both.
232
Observations of delegation member
.
233
b6
Observations of delegation member
.
234
Observations of delegation member
; Officer b6, b7C informed b6
b6
that the inmate was suicidal.
235
Detention Operations Manual, Health Services, Standard 2, Section III.E.
226

September 21, 2006
Page 22

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.236
York County does not fully meet this section of the Standards. According to Health
Services Administrator b6 and Captain b6, b7C two dentists are employed by the facility and
are available four hours a week.237 Incoming detainees, however, do not receive the screening
exam suggested in the Standards unless they are experiencing a dental problem.238 According to
Officer b6, b7C , dental exams are provided annually after one year.239
E.

Recreation

The Standards require that all detainees have access to recreational programs and
activities, under conditions of security and safety. 240 Detainees should be housed in facilities with
an outdoor recreation area. 241 If a facility only provides indoor recreation, detainees must have
outdoor access for at least one hour per day, including exposure to natural light. 242 Detainees
should also have access to “fixed and moveable equipment,” including opportunities for
cardiovascular exercise, and games and television in dayrooms.243
York County does not fully meet this section of the Standards, because there is no
exercise equipment aside from a basketball hoop. Inmates and detainees are allowed to use the
recreation area for about one hour each day between the hours of 8:30 to 10:00.244 There is a small
area at the end of the dormitory which is totally enclosed with fencing but open to the air and
includes a basketball hoop.245 There is also a gymnasium, a large concrete yard and a grass
field.246 One detainee stated that the grass recreation area was not available to detainees and
inmates.247 The delegation did not observe any equipment except a basketball hoop, and did not
observe anyone using any of the facilities. The delegation did observe televisions in the I.C.U. and
dormitory.248
236
237

238

239
240
241
242
243
244

245
246
247
248

Detention Operations Manual, Health Services, Standard 2, Section III.E.
b6
Notes of delegation member
, on conversation with Captain b6, b7C and
b6
Health Services Administrator
b6
Notes of delegation member
on conversation with Captain b6, b7C and
Health Services Administrator b6 .
b6
Notes of delegation member
on conversation with Officer b6, b7C
Detention Operations Manual, Detainee Services, Standard 13, Section I.
Detention Operations Manual, Detainee Services, Standard 13, Section III.A.
Detention Operations Manual, Detainee Services, Standard 13, Section III.A.1
Detention Operations Manual, Detainee Services, Standard 13, Section III.G.
b6
Notes of delegation member
on conversation with Captain b6, b7C This is
apparently 8:30 to 10:00 p.m., not a.m.; the Handbook indicates recreation takes place from
7:00 to 9:00 p.m.
Notes of delegation member
on conversation with Captain
.
b6
b6, b7C
Notes of delegation member
on conversation with Captain
.
b6
b6, b7C
Notes of delegation member
, on conversation detainee
b6
b6
Observations of delegation members
and
.

September 21, 2006
Page 23

F.

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.249
According to the Standards, these “opportunities will exist for all equally, regardless of the number
of practitioners of a given religion, whether the religion is ‘mainstream,’ whether the religion is
‘Western’ or ‘Eastern,’ or other such factors. Opportunities will be constrained only by concerns
about safety, security, the orderly operation of the facility, or extraordinary costs associated with a
specific practice.250 Moreover, a facility’s staff shall make “all reasonable efforts to
accommodate” special food services required by a detainee’s particular religion.251
York County substantially meets this section of the Standards; however, Muslim
detainees are not permitted to receive Kosher meals. The Chaplain determines the inmates’
religious needs.252 Kosher meals are provided for Jewish inmates only.253 Kosher meals also meet
Muslims’ Halal requirements, but they are only available for Jewish inmates.254 Non-Jewish
inmates are permitted to meet their dietary needs by choosing the common fare meal which is
totally vegetarian.255 Jum’a services for Muslims are held every Friday.256
Most of the detainees reported satisfaction with the ability to practice their religion,
except for the meals issue.257 One detainee filed a grievance about an incident involving disrespect
of the Koran, which a Corrections Officer had thrown on the floor.258 The officer involved
referred to Abu Ghraib and asked if the detainee would like to see him flush the Koran.259

249
250
251
252
253
254

255
256

257

Detention Operations Manual, Detainee Services, Standard 14, Section I.
Detention Operations Manual, Detainee Services, Standard 14, Section I.
Detention Operations Manual, Detainee Services, Standard 14, Section III.M.
Notes of delegation member
on conversation with Captain
b6
b6, b7C
Notes of delegation member
on conversation with Captain
b6
b6
Notes of delegation members
and
, on conversations with
b6, b7C
b6, b7C
detainees
and
.
b6
Notes of delegation member
, on conversation with Captain b6, b7C
b6
b6
b6
Notes of delegation members
, and
, on
conversation with Officer b6, b7C .
b6
b6
b6
Notes of delegation members
,
, and
, on
b6, b7C
b6, b7C
b6, b7C
conversations with detainees
,
,
, and b6, b7C
b6, b7C

258

Notes of delegation member

b6

, on conversation with detainee

b6, b7C

b6

on conversation with detainee

b6, b7C

b6, b7C

259

Notes of delegation member
b6, b7C

September 21, 2006
Page 24

G.

Detainee Classification

The Standards require that detention facilities use a classification system and physically
separate detainees in different categories.260 Detainees must be assigned to the least restrictive
housing unit consistent with facility safety and security.261 A detainee’s classification is to be
determined on “objective” criteria, including criminal offenses, escape attempts, institutional
disciplinary history, violent incidents, etc.262 Classification is required in order to separate
detainees with no or minimal criminal records from inmates with serious criminal records.263
Detainees with a history of assaultive or combative behavior are not to be housed with nonassaultive detainees.264
Finally, the detainee handbook’s section on classification must include (1) an
explanation of the classification levels, with the conditions and restrictions applicable to each, and
(2) the procedures by which a detainee may appeal his classification.265
York County substantially meets this section of the Standards; however, one
detainee stated that in some instances detainees were housed with violent inmates.266 There
are three classifications in York County Prison. Level 1 is for asylum seekers; Level 2 is for
people who have been convicted of crimes; and Level 3 is for criminals with a history of
violence.267 Levels 1 and 2 can live together and Levels 2 and 3 can live together. Classifications
are assigned based on Pennsylvania law.268 Recently, immigrant detainees have been segregated
from criminal inmates within some dorms.269 The Inmate Handbook addresses classification.270
H.

Detainee Grievance Procedures

The Standards require that every facility develop and implement standard procedures for
handling detainee grievances.271 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

260
261
262
263
264
265
266

267
268
269

Detention Operations Manual, Detainee Services, Standard 4, Section I.
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & III.E.
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
b6
Notes of delegation member
on conversation with detainee b6, b7C
b6, b7C .
Notes of delegation member
on conversation with Captain
.
b6, b7C
b6
Notes of delegation member
on conversation with Captain
.
Notes of delegation member
on conversation with detainee b6, b7C
b6, b7C

270
271

Inmate Handbook at 4-5.
Detention Operations Manual, Detainee Services, Standard 5, Section I & III.A.

September 21, 2006
Page 25

responses to detainees who filed formal grievances, including the basis for the decision.”272 All
grievances must receive supervisory review, include guarantees against reprisal, and allow for
appeals.273
The delegation could not determine whether York County meets this section of the
Standards because information obtained was contradictory. However, both staff and
detainees reported complaints of retaliation; one detainee reported that he requested a
grievance form many times but was not provided with one; and detainees complained about
racial animus against Black and Mexican detainees on the part of corrections officers; and
one detainee may have been retaliated against for meeting with the delegation. The Detainee
Handbook describes the steps in the grievance procedure.274 Responses to grievances are to be
provided within 10 days.275 Staff reported that the facility usually responds within seven to ten
days.276 Deputy Warden b6, b7C said an inmate can grieve anything by obtaining an 801 form
from any officer or counselor. According to Deputy Warden b6, b7C , a grievance does not have
to be submitted on the form, however, but can be submitted in a letter.278 It will be acted upon if it
is received in any way from any person.279 Deputy Warden b6, b7C said that all grievances are
answered.280 Most of the grievances concern medical care and pain medication. Deputy Warden
b6, b7C
said that there are few complaints of retaliation for filing a grievance, unless the detainee
gives the grievance to the officer complained about.281 In that circumstance, Deputy Warden
b6, b7C
believes the detainee would just be “sticking it” in the officer’s face.282 One detainee
stated that guards will put inmates “in the hole” after complaints are made against them.283

272
273
274
275
276

277

278

279

280

281

282

Detention Operations Manual, Detainee Services, Standard 5, Section I.
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D.
Inmate Handbook at 5-6.
Inmate Handbook at 5-6.
b6
b6
Notes of delegation members
and
, on conversations
with Captain b6, b7C and Deputy Warden b6, b7C .
b6
Notes of delegation member
on conversation with Deputy Warden
b6, b7C .
b6
Notes of delegation member
, on conversation with Deputy Warden
b6, b7C .
b6
Notes of delegation member
, on conversation with Deputy Warden
b6, b7C .
b6
Notes of delegation member
on conversation with Deputy Warden
b6, b7C .
b6
Notes of delegation member
on conversation with Deputy Warden
b6, b7C .
Notes of delegation member
, on conversation with Deputy Warden
b6
b6, b7C

283

Notes of delegation member

b6

, on conversation with detainee

b6, b7C

September 21, 2006
Page 26

Detainees did not appear aware that grievances could be submitted in any way except on
801 forms.284 The Inmate Handbook discusses only using 801 forms to initiate grievances.285 One
detainee reported that he asked his counselor for a form many times, but never received one.286
Several detainees complained about racial animus against and derision of immigrant
detainees who are Black or Mexican on the part of corrections officers.287 They also complained
about delays and lack of responses to grievances.288
b6, b7C
On June 25, 2006, detainee
filed a grievance about Officer b6, b7C who had
told him “I’ll put you back in primitive life, you black bastard” and “jungle mumble punk, you’re
on a pendulum.”289 On June 26, the detainee was asked for further information, which he
submitted on June 30.290 There has been no further response to his grievance.291

On another occasion, Officer b6, b7C told detainees that he would like to take 20
immigrants to Alaska and leave them there with five meals so they could fight over them.292
b6, b7C
On August 4, 2006 at 8:30 p.m., detainee
observed another black detainee
being treated very rudely by Officer b6, b7C .293 Approximately 23 detainees filed grievances
related to this incident.294 There has been no response to these grievances, but the officer was

284
285
286
287

288

Notes of delegation member
Inmate Handbook at 5-6.
Notes of delegation member
Notes of delegation members
conversations with detainees
b6, b7C
.
Notes of delegation members
conversations with detainees

, on conversation with detainee

b6

b6
b6

, on conversation with detainee
b6
,
, and
b6, b7C
b6, b7C
,
,

b6
b6, b7C

,

b6

,

b6, b7C

and
,

.

b6, b7C

b6, b7C

, on

b6

b6, b7C

b6
b6, b7C

, and

, on
, and

b6, b7C

289

290

291

292

293

294

b6
Notes of delegation members
, on conversations with detainee b6, b7C
b6, b7C
.
b6
Notes of delegation members
, on conversations with detainee b6, b7C
b6, b7C
.
b6
Notes of delegation member
, on conversation with detainee b6, b7C
b6, b7C
.
b6
b6
Notes of delegation member
and
, on conversations with
b6, b7C
b6, b7C
detainees
and
Officer b6, b7C said this to Mr.
b6, b7C
and said something slightly different to Mr. b6, b7C on another occasion.
b6
Notes of delegation members
on conversations with detainee b6, b7C
b6, b7C
.
b6
Notes of delegation members
, on conversations with detainee b6, b7C
b6, b7C
.

September 21, 2006
Page 27

transferred.295 This detainee also reported an incident on March 22, 2006 involving racial slurs by
Officer b6, b7C which was reported to Captain b6, b7C , to which there was no response.296
Another detainee reported that guards used bad language toward immigrants and made
racist remarks.297 He received no response to his grievance on this subject, which was filed
approximately eight to nine months prior to the delegation’s visit, although the particular officer
involved never returned to this working unit.298
b6, b7C
Around 4:00 p.m. on the day of the delegation’s tour, Mr.
wrote that he went
b6
to see Counselor
to follow up on his request for a disciplinary report that was required for
b6
b6, b7C
told Mr.
to “Get the fuck” out of his office
his custody review.299 Counselor
or he would be locked up, and also told him to “Go and complain to people at the American Bar
Association.”300
b6, b7C
Detainee
filed a grievance when his legal papers were apparently
misplaced during a transfer from one part of the facility to another.301 His papers were not
returned to him. The response he received was that he “had too many papers anyway” and this
was a good opportunity to downsize.302
b6, b7C
A Jamaican detainee,
, couldn’t get to see the doctor and he was a
b6, b7C
filed an 801 grievance for him, but there was no response during the
diabetic.303 Mr.
three weeks before Mr. b6, b7C was deported.304

Three detainees complained that grievances are on a single sheet form and they cannot
retain a copy.305
295

296

297

298

Notes of delegation members
b6, b7C
.
Notes of delegation members
b6, b7C
.
Notes of delegation member
b6, b7C .
Notes of delegation member

b6

, on conversations with detainee

b6, b7C

b6

, on conversations with detainee

b6, b7C

b6

, on conversation with detainee

b6, b7C

b6

, on conversation with detainee

b6, b7C

b6, b7C

299

b6, b7C
b6
See letter from detainee
to delegation member
, dated
August 8, 2006 (attached).
300
b6, b7C
b6
See letter from detainee
to delegation member
dated
August 8, 2006 (attached). The ABA has spoken with ICE concerning this incident.
301
Notes of delegation member
, on conversion with detainee
b6
b6, b7C
302
Notes of delegation member
, on conversion with detainee
303
b6
Notes of delegation member
on conversation with detainee b6, b7C
b6, b7C

304

Notes of delegation member

305

Notes of delegation members
conversations with detainees

b6

on conversation with detainee

b6, b7C

,

b6

b6, b7C
b6
b6, b7C

b6

,

b6, b7C

, and
, and

b6, b7C

, on
.

September 21, 2006
Page 28

I.

Staff-Detainee Communication

The Standards require that procedures be in place “to allow for formal and informal
contact between key facility staff and ICE staff and ICE detainees and to permit detainees to make
written requests to ICE staff and receive an answer in an acceptable time frame.”306 The Standards
suggest that weekly visits be conducted by ICE personnel and that “regular unannounced (not
scheduled) visits” be conducted by the ICE O.I.C., the Assistant O.I.C., and designated department
heads.307
York County meets this section of the Standards. An ICE officer makes weekly visits
to the housing units.308 Detainees may contact ICE about issues by filling out a blue request slip,
speaking with their counselors, or during weekly block visits.309
J.

Environmental Health and Safety

Each facility will establish a hazardous materials program for handling toxic and caustic
materials.310 Environmental health conditions are to be maintained at a level that meets recognized
standards of hygiene.311
Several detainees complained that inmates are often sick with respiratory problems
because of poor air quality.312 The intakes to the air conditioning units are clogged with dirt and
complaints have been made several times, but no corrective action has been taken.313
K.

Issuance of Clothing

The Standards require that all new detainees be provided with one set of clothing and
facility-approved footwear upon admission.314
It is unclear whether York County meets this section of the Standards. Officer
told the delegation that all ICE detainees receive a full set of clothing.315 One detainee
reported, however, that he had not received underclothes, socks, or shower slippers.316
b6, b7C

306
307
308

309
310
311
312

313

314
315

Detention Operations Manual, Detainee Services, Standard 15, Section I.
Detention Operations Manual, Detainee Services, Standard 15, Section III.A.
b6
Notes of delegation member
, on conversation with Officer b6, b7C ; notes
b6
b6
of delegation members
and
, on conversation with
b6, b7C
b6, b7C
detainees
and
.
b6
Notes of delegation member
on conversation with Officer b6, b7C
Detention Operations Manual, Security and Control, Standard 7, Section I.
Detention Operations Manual, Security and Control, Standard 7, Section III.R.
b6
b6
Notes of delegation members
and
on conversations with
b6, b7C
b6, b7C
b6, b7C
detainees
,
, and
.
b6
b6
Notes of delegation members
and
on conversations with
b6,
b7C
b6,
b7C
b6,
b7C
detainees
,
, and
.
Detention Operations Manual, Detainee Services, Standard 10, Section III.B.
b6
Notes of delegation member
, on conversation with Officer b6, b7C .

September 21, 2006
Page 29

L.

Holding Cells

The Standards require that hold rooms shall contain a minimum of 37 square feet of
unencumbered space for a single occupant and seven additional square feet for each additional
detainee.317 Unencumbered space does not include space taken up by benches and tables.318 A
hold room must contain sufficient seating for the maximum capacity.319
York County does not appear to meet this Standard; there does not appear to be
sufficient seating. The delegation observed that the six detainees who had volunteered to be
interviewed were held in an attorney visiting room from before the tour started at 11:30 a.m. until
the facility tour finished at approximately 3:30 p.m.320 The room was approximately 80 square
feet and contained a table and at least two chairs.321 Detainee b6, b7C reported that this was the first
time he had had a chair in a holding cell.322 In addition, during the tour, a delegation member
observed three women lying on mats in a holding cell along with two women in the available
bunks.323
M.

Detainee Transfers

The Standards require ICE to notify a detainee’s legal representative of record that the
detainee is being transferred.324 Indigent detainees will be permitted to make a single domestic
telephone call at government expense upon arrival at their final destination; non-indigent detainees
will be permitted to make telephone calls at their own expense.325 Prior to transfer, medical
personnel must provide the transporting officers with instructions and any applicable medications
for the detainee’s care.326 A detainee’s legal materials, cash, and small valuables shall always
accompany the detainee to the receiving facility; larger items may be shipped.327
York County appears to meet this section of the Standards. According to Officer
, ICE notifies both the inmate’s family and, when a G-28 form has been filed, the
attorney-of-record, prior to transfer.328 All legal papers and personal items like money and
b6, b7C

316
317
318
319
320

321
322
323
324
325
326

327
328

b6
b6, b7C
Notes of delegation member
, on conversation with detainee
Detention Operations Manual, Security and Control, Standard 8, Section III.A.2.
Detention Operations Manual, Security and Control, Standard 8, Section III.A.2.
Detention Operations Manual, Security and Control, Standard 8, Section III.A.2 & 4.
Delegation observations. Facility staff pointed out the waiting detainees at the start of the
delegation’s tour.
b6
Observations of delegation member
.
b6
b6, b7C
Notes of delegation member
, on conversation with
.
b6
Observations of delegation member
.
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.A.
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.G.
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.D.D
[sic].
Detention Operations Manual, Detainee Security and Control, Standard 4, Section III.E.
b6
Notes of delegation member
, on conversation with Officer b6, b7C .

September 21, 2006
Page 30

religious items go with inmates when they are transferred. Everything else with which they arrive
is mailed. The facility does not ship personal belongings to the Berks County facility because that
facility has no place to store belongings.329 When inmates are being transported for deportation (in
the Justice Prisoner and Alien Transport System (JPATS)), no notice is given except that, at the
discretion of the officer escorting the inmate, a phone call to family may be allowed just prior to
boarding the aircraft.330
When detainees are being transferred, they are given a choice of contacting their lawyer
or having Officer b6, b7C contact the lawyer.331 They are transferred with a seven-day supply of
medications.332 The “JPATS” have ten days worth of medication.333 People who are transferred
into the facility can make one collect call.334
V.

CONCLUSION

In many instances, it was impossible for the delegation to determine whether the York
Country facility meets the detention standards because the information provided by prison and ICE
officials was at odds with the information provided by detainees. In some instances, these
differences could be resolved through observation, but in most cases, this was not possible. In
addition, the delegation toured only a small portion of the facility and did not see any of the cell
blocks.
In certain instances, it was clear that York County failed to meet some of the Standards.
To facilitate legal access, York County should make certain that messages left for detainees by
attorneys are delivered. In addition, detainees and staff should be informed that if a detainee
cannot afford them, stamps and envelopes for special mail are to be provided at no cost. Problems
with pre-programmed calls to Consulates seem to be of some duration and should be solved. In
addition, the instructions for use of the phone system should be posted in multiple languages
reflecting the population of the facility.
The resources in the law library should be brought up to date, and missing immigrationspecific resources should be provided. In addition, it is necessary for the facility to solve the
problem of allowing detainees to save their legal research. “Know Your Rights” presentations
should be resumed, if they have not already. Women should not be accorded second-class status in
their access to legal materials.
Medical care is the major concern of all the detainees with whom the delegation spoke.
The delegation was not able to determine which set of facts accurately reflected the situation at
York County, but all parties seemed to agree that there were problems with delays in addressing
some medical issues.
329
330
331
332
333
334

Notes of delegation member
Notes of delegation member
Notes of delegation member
Notes of delegation member
Notes of delegation member
Notes of delegation member

b6

, on conversation with Officer
, on conversation with Officer
, on conversation with Officer
, on conversation with Officer
, on conversation with Officer
, on conversation with Officer

b6, b7C

.
.
.
.
.
.

September 21, 2006
Page 31

The grievance procedure does not appear to be functioning as intended and does not
have the confidence of detainees. Detainees stated that retaliation occurs.
Lastly, as noted above with specific examples regarding grievances filed, detainees
indicated that many York County personnel had an animus, often discriminatory, toward
immigration detainees. On the other hand, they indicated almost unanimously that ICE personnel
did a good job and were trying to improve the situation. .

Source

Standard 16, Telephone Access
ƒ I. Facilities holding INS detainees shall permit them
to have reasonable and equitable access to
telephones.
Standard 16, Telephone Access
ƒ III.E. The facility shall enable all detainees to make
calls to the INS-provided list of free legal service
providers and consulates at no charge to the detainee
or the receiving party.
Standard 16, Telephone Access
ƒ III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible.

ƒ

Detainees reported that telephone calls are very
expensive. (p.7 ¶3)

Detainees

ƒ

Detainees reported that pre-programmed
numbers do not always work, and consulate
numbers are often incorrect. A delegation member
confirmed that a legal services provider could not
hear him when he called. (p.7 ¶2)
Deputy Warden
s stated that attorneys can
leave messages for detainees, and one detainee
stated that he receives messages. (p.8 ¶5)
However, two detainees reported that facility staff
does not convey messages to them. (p.8 ¶5)
Detainees are unable to make private telephone
calls, because there are no privacy safeguards on
telephones. (p.8 ¶3)

Detainees
delegation
observations.

Many of the required materials are not available
in hard copy, including Bender’s Immigration and
Nationality Act Service, Immigration Law and
Defense, Country Reports on Human Rights
Practices, etc. (p.11 ¶3)
Facility staff stated that the “Know Your Rights”
video is shown each week. (p.14 ¶3) However,
detainees stated that it is not shown currently, and
has not been shown in at least six months. (p.15
¶1)

Delegation
observations.

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

ƒ

Deputy Warden
; detainees
b6, b7C
b6, b7C

Standard 9, Group Presentations on Legal Rights
ƒ III.I. Videotaped presentations. The facility shall
play INS-approved videotaped presentations on legal
rights, at the request of outside organizations. … The
facility shall provide regular opportunities for
detainees in the general population to view the
videotape.

ƒ

Delegation
observations.

b6, b7C

6.

ƒ

b6, b7C

5.

Standard 16, Telephone Access
ƒ III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this
purpose, the facility shall provide a reasonable
number of telephones on which detainees can make
such calls without being overheard by officers, other
staff or other detainees.
Standard 1, Access to Legal Material
ƒ III.C. The law library shall contain the materials
listed in Attachment A.

b6, b7C

4.

Deputy Warden
; detainee
.
Detainees
,
b6, b7C
b6, b7C

ƒ

b6, b7C

ƒ

ICE Response
b6, b7C

Delegation Report

b6, b7C

ICE Standard*

b6, b7C

3.

b6

2.

b6

1.

b6

b6

Facility Name: YORK COUNTY PRISON, YORK, PA
Date of Tour: August 7, 2006
Tour Participants: Dechert LLP attorneys and paralegals
,
, and
.
*Standards are Detainee Services Standards unless otherwise indicated. Issues are generally listed in the order in which they appear in the Report.
Report comments in bold are priority issues for ICE-ABA discussion.

11/20/2006

1

Captain
and
Health Services
Administrator
.

b6, b7C

b6

Health Services
Administrator
; Deputy
Warden
.

b6, b7C

Health Services Administrator
stated that
there is significant delay in obtaining D.I.H.S.
approval of referrals for further treatment, for
medications, or for diagnostic testing. (p.18 ¶3)
She described two instances in which D.I.H.S.
continued to request additional information for
such an extended period of time that York County
provided the procedures without D.I.H.S.
approval, and had to pay for the procedures. (p.18
¶3) Deputy Warden
estimated that there
is a significant and deliberate delay in 50-60% of
the approvals requested from D.I.H.S. (p.19 ¶2)
Detainees stated that medical care is delayed, and
that pain medication stronger than Motrin is not
used. (p.20 ¶2)

.

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ƒ

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ƒ

Captain

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Captain
detainees
and

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Captain
stated that incoming legal mail is
opened in the presence of inmates. (p.16 ¶1)
However, two detainees stated that sometimes
legal mail has been opened outside the presence of
detainees. (p.16 ¶2)
Captain
said that not all inmates are screened
on admission. (p.18 ¶2)
Incoming detainees do not receive dental screenings
unless they are experiencing a dental problem. (p.22
¶2)

Detainees
and

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Health Services Standard 2, Medical Care
ƒ I. All detainees shall have access to medical services that
promote detainee health and general well-being.
ƒ III.A. Every facility will provide its detainee population
with initial medical screening, cost-effective primary
medical care, and emergency care.
ƒ III.E. Dental Treatment. An initial dental screening
exam should be performed within 14 days of the
detainee’s arrival.
10. Health Services Standard 2, Medical Care
ƒ I. All detainees shall have access to medical services
that promote detainee health and general well-being.
ƒ III.A. Every facility will provide its detainee
population with initial medical screening, costeffective primary medical care, and emergency care.

Detainees reported having to buy stamps and
envelopes for legal mail. (p.16 ¶2)

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9.

ƒ

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8.

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

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7.

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ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainees
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,
and

.

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2

ƒ

Deputy Warden

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Deputy Warden
s said there are few
complaints of retaliation for filing a grievance,
unless the detainee gives the grievance form to the
officer complained about. In such cases, Deputy
Warden
s said the detainee would just be
“sticking it” in the officer’s face. (p.25 ¶2)
A detainee who met with the delegation and then later
that day requested a disciplinary report required for
his custody review was told by Counselor
to
“Get the fuck” out of his office or he would be locked
up, and told him to “Go and complain to people at the
American Bar Association.” (p.27 ¶3)1

Detainee

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Captain
detainees
and

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Delegation
observations.

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12. Standard 14, Religious Practices
ƒ III.M. The food service will implement procedures for
accommodating, within reason, detainees’ religious
dietary requirements.
13. Standard 4, Detainee Classification System
ƒ III.E.2. Level 2 Classification. May not include any
detainee whose most recent conviction was for any
offense listed under the "HIGHEST" section of the
severity of offense guideline (APPENDIX 1 [includes:
“Assaulting any person”]). … May not include any
detainee with a pattern or history of violent assaults,
whether convicted or not.
ƒ III.F. The classification system shall assign detainees to
the least restrictive housing unit consistent with facility
safety and security. … 3. Under no circumstances will a
level two detainee with a history of assaultive or
combative behavior be placed in a level one housing
unit.
14. Standard 5, Detainee Grievance Procedures
ƒ III.D. Retaliation. Staff will not harass, discipline,
punish, or otherwise retaliate against a detainee
lodging a complaint.

The delegation observed that inmates and/or
detainees were examined in view of other inmates,
and that a suicidal inmate was interviewed right next
to other inmates. (p.21 ¶4)
Kosher meals are not available to Muslims to meet
their Halal requirements (they are provided to Jewish
inmates). Instead, Muslims must choose the
“common fare” vegetarian meal. (p.23 ¶2)
One detainee stated that in some instances detainees
were housed with violent inmates. (p.24 ¶3)

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11. Health Services Standard 2, Medical Care
ƒ III.M. All medical providers shall protect the privacy of
detainees’ medical information to the extent possible ….

Detainee

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Note: This report was addressed at the ABA – ICE meeting on November 1, 2006. ICE reported that
counselor had subsequently been replaced.
ABA Commission on Immigration - Detention Standards Implementation Initiative

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1

at York said York welcomes tours and that the
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3

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ABA Commission on Immigration - Detention Standards Implementation Initiative

Detainees

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ƒ

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16. Security and Control Standard 7, Environmental Health and
Safety
ƒ I. Each facility will establish a hazardous materials
program for the control, handling, storage, and use of
flammable, toxic, and caustic materials.
ƒ III.R. Environmental health conditions will be
maintained at a level that meets recognized standards of
hygiene.

Several detainees complained about racial animus
and derision of detainees who are Black or
Mexican on the part of corrections officers. (p.26
¶¶2, 3, 5, p.27¶¶1, 2) Officer
told one
detainee “I’ll put you back in primitive life, you
black bastard,” and “jungle mumble punk, you’re
on a pendulum.” (p.26 ¶3) On another occasion
detainees observed and complained about another
black detainee being treated very rudely by
Officer
who was later transferred. (p.26
¶5) On another occasion a detainee stated that
Officer
made racial slurs which
detainees reported to Captain
. (p.27 ¶1)
The detainees stated that they have not received
responses to these grievances.
Several detainees complained that inmates are often
sick with respiratory problems because of poor air
quality. (p.28 ¶4)

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ƒ

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15. Standard 5, Detainee Grievance Procedures
ƒ I. [S]tandard operating procedures (SOP) must
establish a reasonable time limit for: … (iii)
providing written responses to detainees who filed
formal grievances, including the basis for the
decision.
Security and Control Standard 5, Disciplinary Policy
ƒ III.A.5. The detainee handbook … shall advise
detainees of … the right of freedom from
discrimination based on race, religion, national origin
….

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4