monmouth county correctional institution (new jersey) intergovernmental service agreement (igsa)...

8/14/2019 Monmouth County Correctional Institution (New Jersey) Intergovernmental Service Agreement (IGSA) with ICE

1/71

INTBR-GOVERNMENTAL SERVICE AGREEMENTBKJWEBNTHEUNITED STArns DEPARTMENT OF HOMELAND SECURITYU.S. IMMIGRAl'lON.AND CUSTOMS ENFOItCBMRNT

O ~ C E O F D ~ O N A N D R E M O V A L ANDMONMOUTH COUNIYCORRECTIONAL INSTITUTION

This Inter-Governmental Service Agreement rAgreement") is entered into between UnitedStates Department of Homeland Security Immigration and Customs Enforcement ("ICE"), andMonmouth County Correctional Institution ( ~ e e Provider") for the detention and careof aliens ("detainees"). The term "Parties" is used in this Agreement to refer jointly to ICE andth e Service Provider.FACU,ITYLOCATION:The ServiceProvider shall provide detention services for detainees at the followinginstitution(s);Monmouth County Correctional Institution1 Waterworks RoadP.O. Box 5007Freehold,NJ o'7'71t8

Article I. PurposeA. PuIPQse: This.Agreement is for the detention, and care of persons detainedunder th e authority of Immigration and Nationality Act, as amended. Allpersons in the custody ofICE are considered "'administrative detainees-. The term

"administration detainees" means the detainees are not chaxgedwith crimin.al violationsand are only held in custody to assure their presence throughout th e administrativehearing process and, i f determined by a final oroer by th e Immigration Court. the Boardof Iromigration Appeals or other Federal judicial body, the detainee's removal from theUnited States.

B. Responsibilities: This Agreement sets forth the responsibilities ofICE and the ServiceProvider. The Agreement states the services the Service Provider shall performsatisfactorily to receive payment from ICE at the rate prescr:ibed in Article L C.c. Guidance: This is a fixed rate agreement, not a cost reimbursable agreement, with.respect to the detainee day rate. The detainee day rate is $105.00. ICE shall beresponsible for reviewing an d approving the costs associatedwith this Agreement andsubsequentmodifications utilizi.ng all applicable federal procurement laws. regulations

and standards in arriving at the detainee day rate.

1


2/71

Article I I . GeneralA Funding; 'The obligation of ICE to make payments to the Service Provider is contingent

upon the availability of Federal funds. ICEwill neither present detainees to the ServiceProvider nor direct performance of any other services untiJ ICE has the appropriatefunding. Orders will be placed under this Agreement when specific requirements havebeen identified and funding obtained. Performance under this Agreement is notauthorized until the Contracting Officer issues an order. in writing. The effective date ofthe Agreementwill be negotiated and specified in a delivery order to this Agreement thatis supported by the ICE ContractingOfficer. This Agreement is neither binding noreffective unless signed by the ICE Contracting Officer. Payments at the approved ratewill be paid upon the return of the signed Agreementby the authorized LocalGovernment official to ICE.

B. Subcontractors: The Service Provider shall notify and obtain approval from the IC EContracting Officer'sTechnical Representative (COTR.) or IC E DesignatedOfficlal i f t intendS to house ICE detainees in a facility other than the MonmouthCounty Correctional Ins titution. If either that facility, or any future facility is operatedby an entity other than the Service Provider, ICE shall treat the entity as a subcontractorto the Service Provider . The Service Provider shall obtain the Contracting Officer'sapproval before subcontracting the detention and care of detainees to another entity.The Contracting Officer has the right to deny, withhold, or withdraw approvaJ of theproposed subcontractor. Upon approval by the Contracting Officer, th e Service Providershall ensure that any subcontract includes all provisions of this Agreement, and shallprovide ICE with copies ofall subcontracts. All payments will be made to the ServiceProvider. ICE will no t accept invoices from, or make payments to a subcontractor.

C. Consistent with Law: This is a firm fixed rate agreement, not cost reimbursableagreement This Agreement is permitted under applicable statutes, regulation, policiesor judicial mandates .Any provision of his Agreement contrary to applicable sta tutes,regulation, policies or judicial mandates is null and void and shall no t necessarily affectthe balance of the Agreement. .

Article l l i . Covered ServicesA BedsJ>ace: The Service Provider shall provide male/femalebeds on a space availablebasis. The Service Provider shall house all detainees as determined within the ServiceProvider's classification system. ICE will be financially liable only for the actual detaineedays as defined in Paragraph C of Article m.B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping,housing, subsistence, medical and other services in accordance with this Agreement Inproviding these services. the Service Provider shaD ensure compliance with all applicablelaws, regulations, fire and safety codes, policies and procedures. I f he Service Provider

determines that ICE has delivered a person for custody who is under the age of eighteen(18), the Service Provider shall no t house that person with adult detainees and shallimmediately notify the ICE Designated Official. The types and levels of services shall beconsistent with those the Service Provider routinely affords other inmates.2


3/71

C. Unit ofService an d Financial Liability; The unit of service is called a "detainee daY-,andis defined as one person per day. The detainee day begins on the date of arrival. TheService Provider may bill ICE for th e date of arrivalbut no t the date of departure. TheService Provider sball not charge for costs, which are not directly related to the housingand detention of detainees. Such costs include bu t are not limited to;

1) Salaries of elected officials2) Salaries of employees not directly engaged in the housing an d detention ofdetainees3) Indirect costs in which a percentage of an local government costs are prorated an d applied to individual departments unless, those cost are allocatedunder an approved Cost Allocation Plan4) Detainee services which are not provided to, or cannot be usedby Federal

detainees5) Operating costs of facilities not utilizedby Federal detainees6) Interest on borrowing (however represented), bond disoounts, costs offinancing/refinancing, except as prescribedby OMB Circular A-87.7) Legal or professional fees (specifically legal expenses for prosecution of

claims against the Federal Government, legal expenses of individual detaineesor inmates)8) ContingenciesD. IntetPNtive Services: The Service Provider shall make special provisions for nonEnglish speaking, handicapped or illiterate detainees. ICE will reimburse the ServiceProvider for th e actual costs associated with providing commercial writtenor telephonelanguage interpret ive services. Upon request, ICEwill assist the Setvice Provider inobtaining translation services. The Service Provider shall provide all instructionsverbally either in English or the detainees' language, as appropriate, to detainees whocannot read. The Service Provider shall include the actual costs that the Service Providerpaid for such services on its monthly invoice. Except in emergency situations, theService Provider shall not use detainees for translation services. I f he Service Provider

uses a detainee for translation service, it shall notify ICE within twenty-four (24) hoursof the translation service.

Article IV. Receiving and DiBehargingDetaineesA R.eqyiredActivity; The Service Provider shall receive and discharge detainees only toan d from properly identified ICE personnel or other properly identified Federal law,enforcement officialswith prior authorization from DHS/ICE. Presentation of U.S.Government identification shall constitute "proper identification." The Service Providershall furnish receiving and discharging services twenty-four (24) hours per day, seven (7)days per week. ICE shall furnish th e Service Provider with reasonable notice of receivingan d dischargi.ng detainees. The Service Provider shall. ensure positive identification andrecording of detainees an d ICE officers. The Service Provider shall not permit medical oremergency discharges except through coordinationwith on-duty ICE officers.B. Emergenc;y Situations: ICE detainees shall not be released from the facility into thecustody of other Federal, state, or local officials for any reason, except for medical oremergency situations, without express authorization of ICE.

3


4/71

C. Restricted Release of Detainees: The Service Provider shall no t release ICE detaineesfrom its physical custody to any persons other than those described in ParagraphA ofArticle IV for any reason, except fo r either medical. other emergency situations, or inresponse to a federal writ ofhabeas corpus. I f an ICEdetainee is sought for federal,state, or local proceedings, only ICE may authorize release of the detainee for suchpurposes. The Service Provider shall con,tact the ICE Designated Official immediatelyregarding any such requests.

D. Service Provider Right of Refusal; Th e Service Provider retains the right to refuseacceptance, or request removal of any detainee exhibiting violent or disruptive behavior,or ofany detainee found to have a medical condition that requires medical care beyondthe scope of the Service Provider's health care provider. In the case of a detainee alreadyin custody, the Service Provider shall notify ICE and request such removal of thedetainee from the Facility. The Service Provider shall allow ICE reasonable time butnot more than 72 hours to remove a detainee upon our request.

E. Emergency Evacuation: In the event of an emergency requiring evacuation of theFacility, the Service Provider shall evacuate ICE detainees in th e same manner, an d withthe same safeguards, as it employs for persons detained under the Service Provider' sauthority. The Service Provider shall notify the ICE COTR or IC E DesignatedOfficialwithin two (2) hours of evacuation.

Article V. DBS/ICE Detention StandardsSATISFACfQRYPERFOBMANCE:The Service Provider is r equired to house detainees and perform related detention servicesin accordance with the most current edition of ICE National Detention StandardsOrttpj I/www.ice.gov!PartnersLdro/QpsmaDuaI/index.htm). ICE Inspectors will conductperiodic inspections of the facility to assure compliance with the ICE National DetentionStandards.

Article VI. Medical ServicesA. Auspices of Health Authority: The Service Provider shall provide ICE detainees with onsite health care services under the control of a local government designated HealthAuthority. The Service Provider shall ensure equipment, supplies, and materials, asrequired by the Health Authority, are furnished to deliver health care on-site.B. l&vel of Professionalism; The Service Provider shall ensure thatall health care service

providers utilized for ICE detainees hold current licenses, certifications. and/orregistrations with the State and/or Citywhere they are practicing. The Service Providershall retain a registered nurse to provide health care an d sick ca.1l coverage unlessexpresslystated otherwise in this Agreement In the absence of a health careprofessional, non-health care personnel may refer detainees to health care resourcesbased upon protocols developed by United States Public Health Service (USPHS)Division of Immigration Health Services (DmS).

4


5/71

C. AccesS to Health Care: The Service Provider shall ensure that on-site medical and healthcare coverage as defined below is available for all ICE detainees at the facility for at leasteight (8) hours per day. seven (7) days per week. The Service Provider shall ensure thatits employees solicit each detainee for health complaints and deliver the complaints inwriting to the medical and health care staff. The Service Provider shall furnish thedetainees instructions in his or ber native language for gaining access to health careservices as prescribed in Article I I l , Paragraph D.

D. Qn-Site Health Care: The Sel"\1ice Provider shall furnish on-site health care under thisAgreement. The Service Provider shall not charge any ICE detainee anadditional fee or Co-payment for medical services or treabnent provided atthe Service Provider's facility. The Service Provider shall ensure that ICE detaineesreceive no lower level of on-site medical care and services than those it provides to localinmates. On-site health care services shall includearrival screening within twenty-four(24) hours ofarrival at the Facility, sick call coverage. provision of over-the-countermedications, treatment of minor injuries (e.g. lacerations, sprains, and contusions).treatment of special needs and mental health assessments. Detainees with chronicconditions shall receive prescribed treatment and follow-up care.E. Arriyal Screening: Arrival screening shall include at a minimum TB symptom screening,planting of the Tuberculin Skin Test (PPD), and recording the history ofpast and presentillnesses (mental and physical). The health care service provider or trained health carepersonnel may perform the arrival screening.F. Acceptance of J)e1l!jnees with Extreme Health Conditions; I f he Service Providerdetermines that an ICE detainee has a medical condition which renders that personunacceptable for detention under this Agreement. (for example, contagious disease.condition needing life support, unrontrollable violence), the Service Provider shall notifythe ICE COTRor ICE Designated OfficiaL Upon such notification the ServiceProvider shall allow ICE reasonable time but not longer than 72 hours toremove a detainee.G. DIHS fre=Aru!roval for Non-EmergenCY Off-5jte Care: The Service Provider shall obtainDruS approval for any non-emergency, off-site healthcare for any detainee. DIHS actsas the agent and :final health authority for ICE on all off-site detainee medical and healthrelated matters. The relationship of the DIllS to the detainee equals that ofphysician topatient The Service Provider shall release any and all medical information for ICEdetainees to the DillS representatives upon request The Service Provider shall solicitDIHS approval before proceeding with non-emergency, off-site medical care (e.g. of fsitelab testing, eyeglasses, cosmetic dental prosthetics, dental care for cosmetic purposes,prescription medications). The Setvice Provider shall submit supportingdocumentation for non-routine, off-site medical health services to DIHS. For medicalcare provided outside the facility, DIHS may determine that an alternative medicalprovider or institution is more cost-effective or more aptly meets the needs of ICE andthe detainee. ICE may refuse to reimburse the Service Provider for non-emergency

medical rosts incurred that were not pre-approved by the DillS. The Service Providershall send all requests for pre-approval for non-emergent off-site care to:Phone: (888) 718-8947(866)475-9349

5


6/71

Via website: www.inshealth.orgThe Service Provider is to notify all medical providers approved to furnish off-site healthcare of detainees to submit their bills in accordance with instructions provided to:

United States Public Health ServicesDivision of Immigration Health Services1220 L Street, NW PMB 468Wasbington, DC 20005-4018(Phone); (888)-718-8947(FAX): (866)-4754 9349VIa. website: www.inshealth.org

H. EmergencyMedicalCare: The Service Provider shall furnish twenty-four (24) houremergency medical care an d emergency evacuation procedures. In an emergency, theService Provider shall obtain the medical treatment required to preserve the detainee'shealth. '!be Service Provider shall have access to an off-site emergency medical providerat aU times. The Health Authority of the Service Provider shall notify the DIHS ManagedCare Coordinator by calling the telephone number listed in paragraph G above as soon aspossible, and in no case more than seventy-two (72) hours after detainee receipt ofsuchcare. The Health Authority will obtain pre-authorization from th e DIHS Managed CareCoordinator for service(s) beyond the initial emergency situation.

L Off-SiteGuards: The Service Provider shall provide guards at all times detainees areadmitted to an outside medical facility.J . DIHSYISits: The Service Provider shall allow DllIS Managed Care Coordinatorsreasonable access to its facility for the purpose of iaison activities with the HealthAuthority and associated Service Provider departments.

Article VU. No Employment of Unauthorized AliensSubject to existing laws, regulations, Executive Orders, and addenda to this Agreement, theService Provider shal l no t employ aliens unauthorized to work in th e United States. Exceptfor maintaining personal living areas, ICE detainees shall no t be required to perform manuallabor.

Article Vlll. Period ofPerformanceA 'I1lls Agreement shall become effective upon the date of final signatureby the ICEContracting Officer and the authorized signatory of th e Service Provider an d will remainin effect indefinitely unless terminated in writing,by either party. Either party mustprovide written notice of ntentions to terminate the agreement, 60 days in advance ofthe effective date of formal termination, or the Parties may agree to a shorter periodunder the procedures prescribed in Article X.B. Basis for Price Adjustment : A firm fixed price with economic adjustment provides for 6


7/71

upward and downward revision of he stated PerDiem.based upon cost indexes of abor .an d operating expenses, or based upon the Service Provider's actual cost experience inproviding the service.

Article IX. InspectionA. Jail Agreement lMpection Report: The Jail Agreement Inspection Report stipulates

minimum requirements for fire/safety code compliance. supervision, segregation.sleeping utensils, meals, medical care, confidential communication, telephone access,legal counsel, legal library, visitation, and recreation. The Service Provider shall allowICE to conduct inspections of the facility, as required, to ensure an acceptable level ofservices and acceptable conditions of confinement as determined by ICE. No notice tothe Service Provider is required prior to an inspection. ICE will conduct such inspectionsin accordance with the Jail Agreement Inspection Report. ICE will share findings of theinspection with the Service Provider's facility administrator. The Inspection Report willstate any improvements to facility operation, conditions ofconfinement, an d level ofservice that will be required by the Service Provider.

B. Possible TerminAtion: I f he Service Provider fails to remedy deficient service identifiedthrough an ICE inspection, ICE may terminate this Agreement without regard. to theprovisions ofArticlesVITI and X.C. Share Findjngs: The Service Provider shall provide ICE copies of facility inspections,reviews, examinations, and surveys performed by accreditation sources.D. Access to Detainee Records: The Service Provider shall. upon request, grant ICE accessto any record in its possession, regardless of whether the Service Provider created the .record, concerning any detainee held pursuant to this .Agreement. This right of accessshall include, bu t is not limited to , incident reports, records relating to suicide attempts,

and behavioral assessments an d other records relating to the detainee's behavior while inthe Service Provider's custody. Furthermore. the Service Provider shall retain all recordswhere this right of access applies for a period of two (2) years from the date of thedetainee's discharge from the Service Provider's custody.

Article X. Modifications and DisputesA. Modifications: Actions other than those designated in this Agreement will not bind orincur liability on behalf of either Party. Either party may request a modification to this

Agreement by submitting a written request to the other Party. A modification willbecome a part of this Agreement only after the ICE Contracting Officerand theauthorized signatoxyof the Service Provider have approved the modification in writing.

B. Disputes: The ICE Contracting Officer an d the authorized signatoxy of the ServiceProviderwill settle disputes, questions an d concerns arising from this Agreement.Settlement ofdisputes shall be memorialized in a written modification between the ICEContracting Officer and authorized signatory of the Service Provider. In the event adispute is no t able to be resolved between the Service Provider and the ICE Contracting

7


8/71

Officer, th e ICE Contracting Officerwill make the final decision. If he Service Providerdoes not agree with the final decision, the matter may be appealed to the ICE Head of theCOntracting Activity (HCA) for resolution. The ICE HCA may employ allmethodsavailable to reSolve th e dispute including alternative dispute resolution techniques. TheService Provider shall proceed diligently with performanceof this Agreement pendingfinal resolution of any dispute.

Article XI. Adjusting the Detainee Day RateICE shall reimburse the Service Provider at the fixed detainee day rate shown on the coverpage of the document, Article I. (C). The detainee day rate shall be fixed for three (3) yearspending an audit and/or the submission of actual costs. After the three (3) year period theParties may adjust the rate every twelve (12) months thereafter. The Parties shall base thecost portion of the rate adjustment on the principles of allowabilityan d allocability as setforth in OMB Circular A-87, federal procurement laws, regulations, and standards inarriving at the detainee day rate. The request for adjustment shall be submitted on an ICEJail Services Cost Statement. I f CE does not receive an official request for a detrlnee dayrate adjustment that is supported by an ICE Jail Services Cost Statement, the fixed detaineeday rate as stated in this Agreementwill continue untJ1 an official adjustment is requested bythe Service Provider. See ArticleX A.ICE reserves the right to audit the actual and/or prospective costs upon which the rateadjusbnent is based. All rate adjustments are prospective. As this is a fixed rate agreement,there are no retroactive adjustment(s).ArticleXII. Enrollment, Invoicing, and PaymentA. Enrollment in Electronic Transfer: The Service Provider shaD provide ICE withthe information needed to make payments by electronic funds transfer (EYf). Since

January 1, 1999, ICE makes all payments onlyby EFI'. The Service Provider shall identifytheir financial institution and related informationon Standard Form 3881, AutomatedClearing House (ACH) Vendor Miscellaneous Payment Enrollment Form. The ServiceProvider shall submit a completed SF 3881 to ICE payment office prior to submitting itsinitial request for payment under this Agreement. I f he EFT data changes, the ServiceProvider shall be responsible for providing updated information to the ICE paymentoffice.

B. Invoicing: Th e Service Provider shall submit an original itemized invoice containing thefollowing information: the name an d address of the facility; the name of each ICE .detainee; detainee's A-number; specific dates of detention for each detainee; the totalnumber of detainee days; the daily rate; the total detainee days multipliedby the dailyrate; an itemized listingof all other charges; and the name, title, address, an d phonenumber of the local official responsible for invoice preparation. The Service Providershall submit monthly invoices within the first ten (10) working days of the monthfollowing th e calendar month when it provided the services, to:

Department of Homeland SecurityATIN: Immigration and Customs EnforcementDeportation Unit - New York Field Office26 Federa l Plaza, Room 1104

8


9/71

New York, NY 10278Phone: 212-264-5085Fax: 212-264-5939C. Payment: ICE will transfer funds electronically through either an Automated ClearingHouse subject to the banking laws of the United States, or the Federa l Reserve WIreTransfer System. The Prompt Payment Act applies to thisAgreement. 11te PromptPayment Act requires ICE to make payments under this Agreement the thirtieth (30th)calendar day after the ICE Depor tation office receives a complete invoice. Either the date

on the Government's check, or the date it executes an electronic transfer of funds, shallconstitute the payment date. The Prompt Payment Act requires ICE to pay interest onoverdue payments to the Service Provider. ICEwill determine any interest due inaccordance with the Prompt PaymentAct.Article XII I . Govenunent Funrlshed PropertyA. Federal Pro.pertyFurnished to the Service Provider: ICE may furnish Federal

Government property and equipment to the Service Provider. Accountable propertyremains titled to ICE and shall be returned to th e custodyof ICE upon termination of theAgreement. The suspension of use of bed space made available to ICE is agreed to begrounds for th e recall and return of any or all government furnished property.

B. Service Provider Responsibility: The Service Provider shall not remove ICE propertyfrom the facility without the prior written approval of ICE. The Service Provider shallreport any loss or destruction of any Federal Government property immediately to ICE.

Article XIV. Hold Hannless and Indemnificati on ProvisionsA Service Provider Held Harmless: ICEshall. subject to the availability of funds, save andhold the ServiceProvider harmless an d indemnify the Service Provider against any and

all liability claims an d costs ofwhatever kind and nature, for injury to or death of anyperson(s), or oss or damage to any property, which occurs in connection with or isincident to performance of work under the terms of this Agreement, and which resultsfrom negligent acts or omissions of ICE officers or employees, to the extent that ICEwould be liable for such negligent acts or omissions under the Federal Tort Claims Act,28 USC 2691 et seq.

B. Federal Government Held Harmless: The Service Provider shall save an d hold harmlessand indemnify federal government agencies to the extent allowed. by law against any andall liability claims, an d costs ofwhatsoever kind and nature for injury to or death of anyperson or persons and for loss or damage to any property occurring in connectionwith,or in any way incident to or arising ou t of the occupancy, use, service, operation orperformance of work under the tenets of this Agreement, resulting from the negligentacts or omissions of the Service Provider, or any employee, or agent of the ServiceProvider. In so agreeing, the Service Provider does no t waive any defenses, immunitiesor limits of liability available to it under state or federal law.

9


10/71

C. Defense of Suit: In the event a detainee files suit against the Service Provider oontestingthe legality of the detainee's incarceration and/or immigration/citiZenship status, ICEshall request that the U.S. AttorneYs Office, as appropriate, move either to have theService Provider dismissed from such suit, to have ICE substituted. as the proper partydefendant; or to have the case removed to a oourt ofproper jurisdiction. Regardless ofthe decision on any such motion, ICE shall request that th e U.S. Attorney's Office beresponsible fo r the defense of any suit on these grounds.

D. ICE Recoye[Y Right:: The Service Provider shall do nothing to prejudice ICE's right torecover against third parties for any loss, destruction of, or damage to U.S. Governmentproperty. Upon request of the Contracting Officer, the Service Provider shall, at ICE'sexpense, furnish to ICE all reasonable assistance and cooperation, including assistancein the prosecution of suit and execution of the instruments of assignment in favor of ICEin obtaining recovery.

Articlexv. Financial RecordsA Retention of Records: All financial records, supporting documents, statistical records,and other records pertinent to contracts or subordinate agreements under this

Agreement shallbe retained by the Service Provider for three (3) years for purposes offederal examinations andaudit. The three (3) year retention period begins at th e end ofthe first year of completionofservice under the Agreement. I f any litigation, claim,negotiation, audit, or other action involving the records has been started before theexpiration of the three (3) year period, th e records mustbe retained until completion ofthe action and resolution of all issues which arise from it or until the en d of the regularthree (3) year period, whichever is later.

B. .Access to Records: ICE and the Comptroller General of the United States, or any of theirauthorized representatives, shall have the right of access to any pertinent books,documents, papers or other records of the Service Provider or its sub-contractors, whichare pertinent to the award, in order to make audits, examinations, excerpts, an dtranscripts. The rights of access must not be limited to the required retention period, butshall last as long as the records are retained.

C. DelinWIent Debt COllection: ICEwill hold the Service Provider accountable for anyoverpayment, or any breach of this Agreement that results in a debt owed to the FederalGovernment. ICE shall apply interest, penalties, and administrative costs to a delinquentdebt owed to the Federal Government by the Service Provider pursuant to the DebtCollection ImprovementAct of 1982, as amended.Article XVI. Guard{l'ransportation Services

A.. Transport Services Rate: The Service Provider shall be reimbursed forproviding transportation and/or guard services at an area hospital and/orany other miscellaneous locations. 'l1le Service Provider shallbereimbursed for actual costs to be itemized on the monthly invoice as needed.At least two (2) qualifi.ed. la w enforcementor correctional officer perso nnel10


11/71

employed by the Service Provider under their policiest procedures andpracticeswill perform transport services.B. Medical Transportation: Transportation and/or escort/stationaryguard s e r v i ~ for ICEdetainees housed at the Service Provider' s facility to and from a medical facility for

outpatient care. and transportation and/or escort guard services for ICE detaineeshoused at the Service Provider's facility admitted to a medical facility. An officer orofficers. shall keep th e detainee under constant supervision twenty-four (24) hours perday until the detainee is ordered released from the hospital, or at the order of the ICECOTR or IC E Designated Ofticlal. The Service Providers agrees to augment suchpractices as maybe requestedby ICE to enhance specific r equirement s for security., detainee monitoring. visitation and contraband control.

C. Indemnities: Furthermore, the Service Provider agrees to hold harmless and indemnifyDHS/ICE an d its officials in their official and individual capacities from any liability.including third-party liability or worker's compensation, arising from the conduct of theService Provider an d its employees during the course of transporting ICE detainees.D. Persona l Vehicles: The Service Provider shall not aTIow employees to use their personalvehicles to transport detainees. The Service Provider shall furnish vehicles equippedwith interior security features including physical separation ofdetainees from guards.The Service Provider shall provide interior security specifications of the vehicles to ICEfor review and approval prior to installation.E. Trainjng and Compliance: The Service Provider shall comply with ICE transportation

standards Ortt;p:!/www.ice.govroartners/dro/opsmanual/index.htm) related to thenumber of hours the Provider' s employee may operate a vehicle. The transportationshall be accomplished in the most economical manner. TheService Provider personnelprovided for the above services shall be of the same qualifications. receive training.complete the same security clearances. and wear the same uniforms as those personnelprovided for in other areas of this agreement.

F. Same Sex 'fl'anport: During all transportation activities, at least one (1) officer shall bethe same sex as the detainee. Questions concerning guard assignments shall be directedto the IC E COTR. or IC E Designated Official for final detennination.G. Miscellaneous Transportation: 'The IC E COTR or ICE Designated Official maydirect the Service Provider to transport detainees to unspecified, miscellaneouslocations.H. BillingProcedures: The itemized monthly invoice for such stationary guard servicesshall state the number ofhours being billed. the duration of he billing (times and dates)an d the name of the detainee(s) that was guarded.

11


12/71

INWlTNFBSWHEREOF, the undersigned, duly authorized officers, have subscribed theirnames onbehalfof the Monmouth County Sheriffs Departmentand Department ofHomelandSecurity, U.S. Immigration and Customs Enforcement.

ACCEPTED: ACCEPTED:U.S. Immigration and Customs Enforcement Monmouth County Sheriffs Office

Contra"g O f f i ~ n - 1B y - ~ ~ c k j p 4 : Date: .:;pC! /0,2 D a t e : - - " ' ' ' ' - j f " / ~ C # = - + ' i - + - > < ( O c . . . . . . L . . ' ' 1 __

Warden

CONTRACI1NG OFFICERS' TECHNICAL REPRESENTA11VE (COTR); RubenPerez is hereby designated as COTR for this Agreement. When and i f th e COTR duties arereassigned, an administrative modification will be issued to reflect the changes. Thisdesignation does not include authority to sign contractual docUments or to otherwisecommit to, or issue changes, which could affect the price, quantity, or performance of thisAgreement.The IntergovernmentalServiceAgreement Number is DRQI6Sf/6 Zo:: I

12


13/71

ORDER FOR SUPPLIES OR SERVICES I PAGE or PAGESlMPOR TANT:. Mark all packages and papers with contra ct and/or order numbers. I 1 31. DA TE OF ORDER 2. CONTRACT NO. (If any) 6. SHIP TO:DROIGSAO"lOOO14/ a. NAME OF CONSIGNEE08/04/20083. ORDER NO. 4. REQUISITION/REFERENCE NOHSCBDM-08-F-IGG55 See Schedule ICE Detent ion & Removal5. ISSUING OFFfCE (Address correspondence to) b. STREET ADDRESSICE/Detent ion Mngt /Detent ion IGSAs I:rn.-rnigration and Customs Enforcement.Irmnigrat ion and Customs Enforcement 801 I St ree t , NliJO ff i ce of Acquisition Management Suite 900425 I S i ~ : r . e e t Nvl, Suite 2208Washing Lon DC 20536 c. erN 1. STATE I: e. ZIP CODEtvasnington DC 205367. TO: f. SHiP VIAa. NAME OF CONTRACTORCOUNTY OF MONMOUTH 8. TYPE OF ORDERb. COMPANY NAME o . PURCHASE [KJ b. DELIVERYc. STREET ADDRESS REFERENCE YO UR:PO BOX 1256 :rINk."lCE DEPT 3RD FLOOR Except for biKing instructions on thereverse. this delivery order is subjec

to instru.elions OOltained on this sideonly of this form and is issued

Please furnish the following on the terms subject to the tem1S and c o n d i o n s and conditions specified on both sides of of the aoove-nurnbered contract.

d. CITY I l. STATE I;f. ZIP CODE this order and on the attached sheet, if any.iooud:ng delivery as indicated,FREEHOLD NJ 0772812569. ACCOUNTING AND APPROPRIAT ION DATA 10. REQUISITIONING OFFICESee Schedule ICE Detent ion & Removal11. BUSINESS CLASSIFICATION (Check appropriate bax(es)) \ 12. F.O.B. POINTD a. SMAl l [ ] b. OTHER THAN SMALll c, DISADVANTAGED D g. SERVICE- Dest ina t ionDISABLEDo . WOMEN-OWNED [ ] . HUBZone D f. EMERGING SMALt VETERANBUSINESS OWNED

13. PLACE OF 14. GOVERNMENT Bl l NO. 15. DELIVER TO F.O,B, POINT 16. DISCOUNT TERMSON OR BEFORE (Date)a. INSPECTION I . ACCEP TANCE 30 Days A f te r l-l.wardDest ina t ion Des t ina t ion

17, SCHEDULE (See reverse forRejoctions)

!TEM NO.(' I

18. SHIPPING POINT

a, NAMESEES/LUNG

INSTRUCTIONS b. STREET ADDRESSON REVERSE (orP.a. Box)

C. CITYWASHINGTON

22. UNITED STATES OF AMERICABY (Signature)

PREVIOUS EDITION Nor USABLE

SUPPLIES OR SERVICES(b)

068704485

19. GROSS SHIPPING WEIGHT

U.S. DEPT . OF HOMELAND SECURITYu. S. IMfvlIG. AND CUSTOMS ENFORCEMENTOFFICE OF DETENTION AND REMOVAL801 I STREET, N . l ; . , SUITE 800

UNITPRICE('I

. INVOICE NO.

20536

AMOUNT

949,168.00

949,168.00

QUANTITYACCEPTED

(g)

17(i)GRATOT

Susan D. EricksonTiTlE: CONTRACTING/ORDERING OFFICER

OPTIONAL FORM 347 (R . 3i"l\)!)5P ~ b " d lrl GSAlFAA CHl i S 3 . ~ 1 ~


14/71

DATE

ORDER FOR SUPPLIES OR SERVICESSCHEDULE - CONTINUATION

08/0412008 DROIGSA07000141ITEM NO.

(A)

0001

0002

SUPPLIES/SERVICES

(8)

05/01/2008 to

FOR CONTINUAT ION OF CONTRACTiDR'OI(;SA(J7 00 00 14$5,058,900.

IK" qlll ';l'tion No: FNY080031 . 1Info:

MOLS - SEE REQUISITION$1,199,168.00FUNDINGIKE'q1lls i t ion No: FNY080031.2

Instruct ions: Send on e or ig ina lto the Program po in t o f contact .

program o ff i c i a l must determine i fIservice have been received andlac:ce,pted before Dallas Finance Center ca n

for payment.include Task Order Number

i H i , C E c D ~ ! - C I 8 - ' F - ' I ( ; 0 5 5 on a l l invoices topayment.

1 other terms and conditions remain th e

(0)UNIT

PRICE(E)

OROER NO .HSCEDM-08-F-IG055

AMOUNT(F)

10 1,1 99,168. 1,199,168.00

1 LO 750 ,0 00. 750,000.00

QUANTITYACCEPTED(G)

Prncrlbld bFAR (48 CfR) ~


15/71

ORDER FOR SUPPLIES OR SERVICESSCHEDULE - CONTINUATION

IMPORTANT M rk 11 d "th t t df d, a pac ages an papers WI con rae an orar ernumbe".DATE OF o"RDER I ~ O N T R A C T NO.08/04/2008 DROIGSA07000141

ITEM NO. SUPPLIES/SERVICES QUANTITYORDERED(A) (6) (e)

All other terms and condi t ions remain thesame.The to ta l amount of award: $1,949,168.00.The obl iga t ion for th i s award i s shown inbox 17 ( il .

UNIT(D)

TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17{H))NSN 7540-01-152-8082 50:3-4S-101

IlORDER NO.HSCEDM-08-F-IG055

UNIT AMOUNTPRICE

(E) (F)QUANTITYACCEPTED

(G)

.

OPTIONAL FORM 348 (Rev.Prescribed b

FAR (4e CFR)53.


16/71

.

.!

...

04/30/20072. C()N1'AICT HO. 0'''''OR.OIGSA070014

P,IoOI!82

3. 0RDef\ NO.RSCEOP07FIGO0023

~ A e Q I I l & ~ N O!Wr0150990046.5 ImmiQration and C u s t ~ B n ~ o r e e m e n t

tl.1S81.-.o 0Ff1Ce ~ " " ' ' ' ' ' ' ' ' ' ' ' ' ' 1 o J O.S. Dept. Of Homeland Securi tyImmigration an d C U ~ t ~ Enforcement~ 2 5 I Street , NWRIo 2208Washington DC 20536

b . . 6 ~ T A O O R E " 425 '1 Stree t NWE\m 2208

",CITYWashinqtoD________________________________________________~ S H ~ ~

.. ~ E O F ~ CQONTY OF MONMOOTI!0 ... I'URCHA.SE

- " ' ~ ~ ~ ~ T ~ ~ ~ ~ ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ ~ ! ~ PO BOX 1256 FINANCE DEI'T 3M nooa

_M IW I . . ~ a n " _ _Cllr ld ..... . . - " "__- c 1 - c ; f l Y - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , . - - - ~ r - - - - - , , . . . . . . , . - : - - - - - . . , ...... 0 .... h 1Ib:hod......FREEHOLD ." . R i J I I I r G ~ "

a A C G O U ~ t I O AHIl ~ l l O H DAT"See Schedule11. IlUSHI!ISS ~ T l O H Oa.SIMU.C < l ~

EII>o!IIIor\illlOQ ............. h_ ... ......,crdor..a b I K l b ~ _ o n .... _ot tyo l . . . *""'_ .. . . . . , ~ ....,.. .....-~ d _ ~ -

12. F.o.e. POINTDestinatiOn

15. CB..NeIt TO F.O.&. POKfOH Of:\ BeF0R:f (tIM).ll-estinationnBlNO.

(0)SUPf'\E8 OR Rl'f\IK:ES

(1))10 Number: 21-6000881

II. SIFf'tHO pown

.. NAME&S18U.M1 1 4 ~ . , 81lIEET AOOM 88OH_ (CI'P .O.aa.j

c. CIlYWASHINGTON

22. UIorTO STAn;$ Of .weucAB Y ~ J .

068704485

U. S . OEPT. OF HOMELAND SECURITYO. S. IMKIG . AND CUSTOKS ENFORCEMENTOFFICE OF DETENTION AND R E K O V ~ L 80 1 1 STREET, W . , SUlfE 800

30 Days After Award

. ~ C X I O E 2053623. HAAE (1')f>ftf)

$5,059,900 . 00

$5,058,900.00

S u ~ a n D. EricksonT m . . E C ~ R H G O R ' l C E R

Net 30OUAKTlTYACCUTEO (

OPTlOHAL I'OIQt 14 '__- ..........._...-


17/71

I.

~ T I ! Of' 0ADEfI I (JI(1R;,CT HO.04/30/2007 IDROIGSA070014

CULE OHI)JfUA)lONPAOE Of' PItOEI

2 I 2iOfQ!R"OHSCEOP07FIG00023

(F)0001 Detention Service a t Monmouth CountyCorrectional Inst i tute (HSA). Freehold, Nyfo r ImQlgratlon and C u s t ~ E n ~ o r c e m e n t ' s

CICE) alien detainees

1 5,058,900.00 5,059,900.00

Daily aate $105.00 132 BDS X $105 X 365DAYS.The Period of P e r t o ~ n c e Kay 1, 2007T h r o ~ g h Aprii 30 , 2008

~ h e to ta l amount ot award: $ ~ , 0 5 8 , 9 0 0 . 0 0 . ~ h e obligation for t h ~ 8 award 1s shown Inbox 17(1) .

TOTAl. CN\RII!.O F9RYf'AD TO t81' PAOI! (IT!M , 1M!. -- ~ ..-

..-...


18/71

Direct Dial: (212)_...................

LATHAM&WATKI N SLLP

MEMORANDUMSeptember 28,2007CONFIDENTIAL

53rd atThird885 Third AvenueNew York. New York 10022-4834Tel: +212.906.1200 Fax: +212.751.4864www.lw.comFIRM I AFFILIATE OFFICESBarcelona New JerseyBrussels New YorkChicago Northern VirginiaFrankfurt Orange CountyHamburg ParisHong Kong San DiegoLondon San FranciscoLos Angeles ShanghaiMadrid Silicon ValleyMilan SingaporeMoscow TokyoMunich Washington. D.C.

To: John P_ Torres, Director, Office ofDetention and Removal, Immigration andCustoms EnforcementFrom:Copies to:Subject:

American Bar Association Delegation to the Monmouth County CorrectionalInstitute1Commission on Immigration

Report on Observational Tour ofthe Monmouth County Correctional Institute,Freehold, NJThis memorandum summarizes and evaluates information gathered at the Monmouth

County Correctional Institute ("MCCI" or "the facility") in Freehold, New Jersey, during thedelegation's August 1,2007 visit to the facility_ The information was gathered via observationof he facility by the delegation, interviews with two detainees, and discussions with MCCI andImmigration and Customs Enforcement ("ICE") personneLI. 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 immigrationdetainees. The thirty-eight standards contained in the Detention Operations Manual cover abroad spectruin of issues ranging from visitation policies to grievance procedures. Thesestandards apply to ICE-operated detention centers and other facilities that house immigrationdetainees pursuant to a contract or intergovernmental service agreement ("IGSA").

The Detention Standards (the "Standards") went into effect at ICE-operated detentionfacilities on January 1,2001. ICE intended to phase in the Standards at all ofits contract andI The delegation was comprised

Watkins LLP, J.11"1U.Ullll>2 Effective ceased to exist as an agency of the Department ofJustice. The INS' immigrationenforcement functions were transferred to InmJigration and Customs Enforcement e'ICE"), a division of he newlycreated Department of Homeland Security ("DHS").


19/71

LATH AM& WAT K I ~ N S LPIGSA facilities by December 31, 2002. The Standards constitute a floor rather than a ceiling forthe treatment of immigration detainees. In other words, they are designed to establish theminimum requirements to which ICE must adhere in its facilities. Each Field Office or Officerin-Charge has discretion to promulgate polices and practices affording ICE detainees moreenhanced rights and protections, beyond those provided for by the Standards.ll. INTRODUCTION

The Delegation's Visit, August 1,2007On Wednesday, August 1,2007, in Freehold, NJ, the members of our delegation met withseveral ICE

tour of he facility.Our report is based on the discussions we had with these MCCI and ICE employees, aswell as observations of he facility and interviews with two immigration detainees. In manyinstances, the detainees' reports were compatible with statements made by facility personnel andour observations. In such cases, the delegation was able to determine more accurately whetherMCCI policy arid procedures successfully meet the Standards. However, in certain instances, thedetainees' reports conflicted with statements made by facility personneL Where we were unableto reconcile the conflicting reports, the delegation was unable to determine conclusively whetherthe Standards are being met.

General Information About the Monmouth County Correctional InstituteThe Monmouth County Correctional Institute houses federal immigration detaineesaccording to an intergovernmental service agreement ("IGSA") with ICE. According to theMCCI personnel, the Facility has the capacity to hold 1,328 individuals. MCCI has a currentpopulation of 1,296 inmates, 147 ofwhom are immigration detainees. MCCI houses mostlymales. At the time ofour visit, the estimated that eleven women were housedthere. Warden Frazier and Officer the delegation that the facility housedimmigration detainees from many countries but could not state with .country was the most represented amongst the detainee popUlation.

many of he MCCI's detainees are Spanish speakers. WofICE detainees stay at MCCI between 60 and 90 days.ID. LEGAL ACCESS STANDARDS

A. Visitation1. Visitation by Attorneys

2


20/71

LATHAM&WATKINSupThe Standards require that facilities permit legal visitation seven days per week?

Attorneys should have access to their clients eight hours per day during the week and four hoursper day during the weekend.4 The visits must be private.5 Detention centers should permit visitsfrom attorneys, other legal representatives, legal assistants, and interpreters.6MCCI meets this section of the Standards. The MCCI Inmate Handbook provides that"members of the Clergy, Religious Leaders, and Attorneys shall be allowed to visit their clientsas frequently as necessary.,,7 Detainees may meet with their attorneys for eight hours per day

during weekdays if necessary, and on the weekends.8 There are approximately six privateattorney visitation booths, including two booths for detainees to connect remotely withcourtrooms for hearings.9

2. Visitation by Family and FriendsTo maintain detainee morale and family relationships, the Standards encourage visitsfrom family and friends. JO The Standards require thatfacilities establish written visitation hoursand procedures, post them where detainees can see them, and make them available to thepublicY Visiting hours shall be set on Saturdays, Sundays, and holidays, and the Standardsencourage facilities to accommodate visitors at other times when they are facing a particularhardship.12 Visits should be at least thirty minutes long, and longer when possible.13MCCI meets this section of the Standards. The visitation schedule is clearly posted atthe entrance to the facility.14 Visiting hours are as follows:

Wednesday12:00 -8:00 p.m.Registration 12:15 - 1:30 p . m ~ Male Visits (A-L)1 45 - 3:00 p.m. Male Visits (M-Z)3:30 - 4:00 p.m. Female Visits (A-Z)Contact Visits 5:00 - 7:00 p.m.

3 DetentionOperations Manual, Detainee Services, Standard 17, Section III.1.2.4 Detention Operations Manual, Detainee Services, Standard 17, Section III.1.2.5 Detention Operations Manual, Detainee Services, Standard 17, Section III.1.9.6 DetentionOperations Manual, Detainee Services, Standard 17, Section III.1.3.7 MCCI Inmate Handbook, Section I{E)(7).8 Notes of delegationmembe_ onversation with9 Observations of delegation10 Detention Operations Manual, Detainee Services, Standard 17, Section I.II Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.12 Detention Operations Manual, Detainee Services, Standard 17, Section III.RI.13 Detention Operations Manual, Detainee Services, Standard 17, Section III.H.l.14 O b s ~ r v a t i o n s of delegation

3


21/71


22/71

LATHAM&WATKI NSLLP

Inmates may leave the facility to attend a bedside visit or funeral of a sick relative, asdefined in the Handbook, if a court order is ohtained.22B. Telephone Access

1. General RequirementsThe Standards require that facilities provide detainees with reasonable and equitableaccess to telephones during established facility waking hours?3 In order to meet thisrequirement, facilities must provide at least one telephone for every twenty-five detainees?4 The

Standards also require that telephone access rules be provided in writing to each detainee uponadmittance, and that the rules be posted where detainees may easily see them?SMCCI meets this section of the Standards. Each male housing unit has its own set ofphones, providing approximately one phone per nine detainees?6 The telephones are accessible

during open dayroom periods, between the hours of 9:00 a.m. and 9:00 p.m?7 The one femalehousing unit had three phones, also accessible between the hours of9:00 a.m. and 9:00 p . m ~ (female detainees are housed with female inmates of he appropriate classification in adormitory-style unit).28 .In the male and female housing units, telephone usage rules and instructions regardingusage of the phones are posted on a bulletin board approximately twenty feet from the phones.

These instructions appeared to be in English only.29 The ~ h o n e numbers oflocal consulates andlegal service organizations are also posted on this board.3

2. Direct Calls and Free CallsThe Standards allow facilities to generally restrict calls to collect calls;31 however, thefacility must permit detainees to make direct calls to the local immigration court and the Board

ofImmigration Appeals, federal and local courts, consular officials, legal service providers,government offices, and to family members in case of emergency.32 The facility shall not .21 MCCI Inmate Handbook, p, 9.22 MCCI Inmate Handbook, p.9.23 Detention Operations Manual, Detainee Services, Standard 16, Sections I & IILA.24 Detention Operations Manual, Detainee Services, Standard 16, SectionIII .C.25Detention Operations Manual, Detainee Services, Standard 16, Section IILB.26 Observations ofdelegation member There are eight phones available in each male detaineehousing unit, with approximately l36 male detainees split between the two housing units.r l Notes of delegation membeI ii@28 Notes of delegation member

member (tJ)(6)29.Observations of delegation30 Observations of delegation

on conversation with Officer

31 Detention Operations Manual, Detainee Services, Standard 16, Section III.E.32 Detention Operations Manual, Detainee Services, Standard 16, Section IILE.

5

observations of delegation


23/71

LATHAM&WATKI NSLLP

require indigent detainees to pay for these types ofcalls iflocal, nor for non-local calls if there isa compelling need:33 In addition, the facility "shall enable all detainees to make calls to the[IeEJ-provided list offree legal service providers and consulates at no charge to the detainee orh . . ,,34t e recelvmg party. . .MCCI does not meet this section of the Standards: only one legal service provider

ma y be reached free of charge. The detainee housing unit contained a bulletin board with a listofpre-programmed telephone codes for placing direct, free-of-charge calls to local consulates,immigration courts and the Legal Aid Society.35 However, though the numbers for local legalservice providers other than the Legal Aid Society are posted, they do not have a pre-programmed telephone code and thus are required to call collect or use a pre-paidcalling card to contact them.36 stated that they do not have such codes for thoseother service providers because ''those numbers are constantly changing" and it would requiretoo much work to update the pre-programmed codes a c c o r d i n g l ~ . 3 7 The delegation observed

one pre-programmed call to a consulate. 8 According to Sergeantdetainees are able to arrange inter-facility telephone calls to immediate familymembers through the facility's leE representative, who coordinates the call with MeeI's socia:!services department.39 The delegation was not able to verify whether detainees are able to makesuch calls in practice.3. Telephone Access to Legal Representatives

The Standards provide that the facility shall not restrict the number of calls a detaineeplaces to his/her legal representatives, nor limit the duration of such calls by automatic cutoff,unless necessary for security purposes or to maintain orderly and fair access to telephones.4o Iftime limits are necessary, they shall be no shorter than twenty minutes.41 The Standards requirethat the facility ensure privacy for detainees' telephone calls r e ~ a r d i n g legal matters, and thatcalls shall not be electronically monitored absent a court order. 2 .MCCI does not meet this section of the Standards: the facility does not enabledetainees to make private legal calls, and all calls are recorded. The facility imposes no timelimitation on outgoing telephone calls made by detainees.43 However, detainees are unable to

33 Detention Operations Manual, Detainee Services, Standard 16, Section III.E.34 Detention Operations Manual, Detainee Services, Standard 16, Section IILE.

36 Notes of delegation37Notes of delegation38 Observations of delegation

notes of delegation member. .39 Notes of delegation member n conversation with Sgt.111M'.'40 Detention Operations Manual, Detainee Service s,Standard 16, Section III.F.41 Detention Operations Manual, Detainee Services,Stand ard 16, Section III.F.42 Detention Operations Manual, Detainee Services, Standard 16, Section lIU.43 Notes of delegation member I;!;, . . . n conversation withSg t . " .

6


24/71

LATHAM&WATKINSLLP

make private telephone calls, because the phones where detainees make outgoing calls are alllocated in the public dayrooms with no privacy safeguards.44 The are out in the open,and there are no p ~ i t i o n s . 4 5 Moreover, a ~ c o r d i n g to Sgt . . aillhone c o n v ~ r s a t i o n s made on the outgomg phones are automatIcally recorded by the faCIlIty. When placmgoutgoing calls, a pre-recorded message informs detainees that the call "may be" monitored orrecorded, though according to Sg tW ' i i' ' ' t h ey are always recorded, without exception.47There is no procedure in place that allows detainees to make a telephone call that is notrecorded.48 One detainee reported that a MCCI employee monitoring a call she made to a familymember actually spoke to her on the telephone line during her conversation and thendisconnected her call.49

According to Sgt..W,M here are no opportunities at MCCI for detainees to haveprivate phone calls with attorneys, even if the calls are initiated by an attorney representing adetainee and are set up in advance.504. Incoming Calls and Messages

The Standards require that facilities take and deliver messages from attorneys andemergency incoming telephone calls to detainees as promptly as possible.51 If he facilityreceives an emergency telephone call for a detainee, the Standards suggest that the facility obtainthe cal ler's name and number and permit such detainee to return the emergency call as soon aspossible.52MCCI does not meet this section of the Standards. According to staff, incoming

phone calls and messages are generally not accepted at MCCI, with the ex. t ion ofemergency -telephone calls or in other limited ci rcumstances. sgtMUiiJiCexplained tothe delegation that the facility does not accept any incoming telephone calls, except in the case ofa family emergency or in other limited circumstances to be determined at the facility'sdiscretion.53 In the case of a family emergency, one ofMCCl's social workers refers the call tothe appropriate detainee and provision is made for the detainee to receive or return the call at thesocial worker's office.54 The facility generally does not accept incoming phone calls and44 Observations of delegation45 Observations of delegation46Notes of delegation47 Notes of delegation48 Notes of delegation49 Notes of delegation50 Notes of delegation member conversation with Sgt.51 Detention Operations Manual, Detainee Services, Standard 16, Section III.I.52 Detention Operations Manual, Detainee Services, Standard 16, Section IILL

54 Notes of delegation

7

detainees alluded tomember.'.


25/71

LATHAM&WATKINSupmessages from attorneys; instead, detainees must periodically make outgoing calls to theirattorneys or receive legal communications via mai1.

55

5. Telephone Privileges in Special Management UnitThe Standards provide that detainees in the Special Management Unit ("SMU") for

disciplinary reasons shall be permitted to make direct and/or free calls, except under compelling. d . 56secunty con ItlOns. .MCCI does not fully meet this section of the Standards: detainees in the SMU onlyhave access to a telephone for one hour per day. Detainees at MCCI placed in the SMUfordisciplinary reasons have access to a cordless telephone handset which they can use to makecollect calls or calls with a personal calling card.5 However, the facility limits use of thisportable phone to one hour per day, even in the absence of compelling security conditions.58 .

Insofar as the Standards require that telephone calls to legal representatives shall not be limitedin number or duration "unless necessary for security purposes or to maintain orderly and fairaccess to telephones,,,59 MCCl's one hour time limit for detainees in disciplinary segregation,regardless of security concerns, does not meet the Standards.

C. Access to Library and Legal MaterialAll facilities with detainees "shall permit detainees access to a law library, and providelegal materials, facilities, equipment and document copying privileges, and the opportunity toprepare legal documents.,,6o

1. Library AccessThe Standards suggest that each facility shall have a flexible schedule for law library usethat permits all detainees, regardless ofhousing or classification, to use the law library on aregular basis.61 Each detainee shall be permitted to use the law library for a minimum of fivehours per week.62 . .MCCI does not fully meet this section of the Standards: detainees are generally onlypermitted to use the library for three hours and twenty minutes8er week. MCCI permitsall detainees to use the law library, regardless of their classification. MCCI does not, however,meet the time allotments suggested in the Standards. Detainees at MCCI have access to the law

55 Notes of delegation member on conversation with Sgt._MlitiM56 Detention Operations Manual, Detainee Services, Standard 16, Section III.G.57 Notes ofdelegation58 Notes ofdelegation

on conversation withon conversation with

59 Detention Operations Manual, Detainee Services, Standard 16, Section III.F.i;o Detention Operations Manual, Detainee Services, Standard 1, Section 1.61 Detention Operations Manual, Detainee Services, Standard 1, Section III.G.62 Detention Operations Manual, Detainee Services, Standard 1, Section III.G.63 Notes ofdelegation member conversation with

8


26/71

LATHAM&WATKI NSu.plibrary for only three hours and twenty minutes per week (fifty minutes on Sundays and twohours and thirty minutes on Thursdays).64 Detainees wh o are in disciplinary detention haveaccess to the law library for only three hours and twenty minutes per week (one hour and fortyminutes on Mondays and fifty minutes on Tuesdays and Wednesdays).65 Occasionally, detaineesmay return to the law library outside of heir normally scheduled hours.66 This "call back" timeis scheduled for five hours and fifty minutes per week (fifty minutes on Sundays throughThursdays and two hours and thirty minutes on Thursdays).67

2. Library ConditionsThe Standards require that a facility provide a law library with sufficient space to

facilitate detainees' legal research and writing.68 Furthermore, it must be large enough ''toprovide reasonable access to all detainees who request its use. It shall contain a sufficientnumber of ables and chairs in a well-lit room, reasonably isolated from noisy areas.,,69

MCCI meets this section ofthe Standards. MCCI provides a law library that is well-litand has ample space?O There are numerous tables and chairs along the perimeter of he library,as well as additional tables and chairs in the center ofthe room.7! The law library is located inan enclosed area that is free of distractions and noise.72

3. Materials Identified in the Detention StandardsThe Standards require that all facility law libraries contain the materials listed in

Attachment A to the chapter on Access to Legal Materials.73 These materials must be updatedregularly, and information must be added on significant regulatory and statutory changesregarding detention and deportation of aliens in a timely manner?4 Damaged or stolen materials75 .must be promptly replaced.

MCCI does not meet this section of the Standards: most of the legal materialsrequired under the Standards are not accessible to detainees. The Standards state thatfacilities shall provide: United States Code, Title 8, Aliens andNationality; Code ofFederal

64 MeeI Law Library Schedule.65 MeeI Law Library Schedule.66 Notes of delegation on conversation with Sgt. . . .67 MeeI Law Library Schedule.68 Detention Operations Manual, Detainee Services, Standard 1, Section lILA.69 Detention Operations Manual, Detainee Services, Standard 1, Section lILA.70 Observations of delegation member71 Observations of delegation member72 Observations ofdelegation member73 Detention Operations Manual, Detainee Services, Standard 1, Section lILe.74 Detention Operations Manual, Detainee Services, Standard 1, Section lILE.75 Detention Operations Manual, Detainee Services, Standard 1, Section III.F.

9


27/71

LATHAM&WATKINSL1.P

Regulations, Title 8, Aliens andNationality; Bender 's Immigration and Nationality Act Service,Bender's INS Regulation Service,- Administrative Decisions Under Immigration and NationalityLaws,- Immigration Law and Defense,- Immigration Law and Crimes,-. Guide fo r ImmigrationAdvocates,- Country Reports on Human Practices,- Human Rights Watch - World Report,UNHCR Handbook on Procedures and Criteria fo r Determining Refogee Status,- Considerationsfo r Asylum Officers Acijudicating Asylum Claims for Women,- Immigration and NaturalizationService Basic Law Manual; Lawyer's Committee Handbook on Representing Asylum Applicants,Federal Civil Judicial Procedures an d Rules,- Legal Research in a Nutshell,- Legal Research &Writing_- Some Starting Points,- Spanish-English LaW Dictionary,- Director;:, ofNonprofitAgencies that Assist Persons in Immigration Matters and telephone books_ 6 However, none ofthese sources are available in the law library at MCCL77

When asked about these materials, Sgt. that all immigration materialscould be found "on the wall at the back" ofthe library. Delegation members inspected allbookshelves in the library, though, and could not locate the sources.79 Sgt..... enstated that the immigration materials could be found on aLexis N exis CD-ROM loaded into allof he library computers.80 There were four computers in the library; three had signs taped overthem reading "For Library Personnel, No Inmate Use.,,81 The one com.uter not so designateddid not have the Lexis Nexis CD-ROM software uploaded.82 Sgt_M. $;When attempted tolocate the software on one of he computers designated for library personnel use.83 The CDROM was not loaded on that computer, either_84 Two inmates using one of the other librarypersonnel computers were able to open the Lexis-Nexis software, but a search of its contentsrevealed that it did not store immigration decisions from the Board ofImmigration Appeals and

Judges as wellas the other source materials listed above. When asked about it, Sg twas unable to provide an answer_85 .The law library supervisor checks for damaged andmissing materials_86 The law libraryupdates its materials yearly, including adding inserts for certain materials. 87

76 Detention Operations Manual, Detainee Services, Standard 1, Attachment A.77 Observations of delegation memb,ersl-8 Notes of delegation member conversation with Sgt. i)It.liM79 Observations of delegation me:mblersland. "iW80 Notes ofdelegation membe n conversation with Sg t. . . .

86 Notes of delegation87 Notes of delegation

10


28/71

LATHAM&WATKI NSLLP

4. Library Equipment and SuppliesThe Standards require that facility law libraries provide an adequate number oftypewriters andlor computers, writing implements, paper, and office supplies to enable detaineesto prepare documents for legal proceedings.88 Staff must inspect at least weekly to ensureequipment is in working order and to stock sufficient supplies.89 In addition, indigent detainees

must be provided free envelopes and stamps for legal mai1.90MCCldoes not appear to fully meet this section of the Standards: providing only

one computer for use by 1,296 inmates and detainees does not appear adequate. MCCI hasfour computers and three typewriters, though three of hose computers are designated for "librarypersonnel" use.91 However, two inmates were using one such comRuter during the delegation'stour.92 Pens and paper are available to the detainees upon request. 3 Detainees may buy stampsat face value, or, ifthe detainee is indigent, the stamps and envelopes are provided for free. 94The law library supervisor makes sure that all of these supplies are stocked and available.95

5. PhotocopiesThe Standards provide that each facility shall ensure that detainees can obtainphotocopies of legal materials, when such copies are reasonable and necessary for legalproceedings involving the detainee.96 Enough copies must be provided so that a detainee canfulfill court procedural rules and retain a copy for his records.97 Facility personnel may not reada document that on its face is clearly related to a legal proceeding involving the detainee.98MCCI meets this section ofthe Standards. Detainees at MCCI may have copies madefor $0.10 per page.99 If a detainee is indigent, the copies are free. loa There is no limit to thenumber of copies a detainee may request, unless the number seems excessive to the law library

supervisor. 101

88 Detention Operations Manual, Detainee Services, Standard 1, Section III.B.89 Detention Operations Manual, Detainee Services, Standard 1, Section III.B.90 Detention Operations Manual, Detainee Services, Standard 1, Section III.N.91 Observations of delegation and92 Observations of delegation lUw!UlIw!"93 Notes of delegation94 Notes of delegation95 Notes of delegation96 Detention Operations97 Detention Operations Manual, Detainee Services, Standard 1, Section IIU.98 Detention Operations Manual, Detainee Services, Standard 1, Section IJU.99 Notes ofde egation100 Notes of delegation101 Notes ofdelegation

conversation withconversation with

11


29/71

LATHAM&WATKI NSLLP

6. Assistance From Other DetaineesThe Standards require that each facility permit detainees to assist other detainees in

researching and preparing legal documents upon request, except when such assistance poses a. . k 102secunty ns .MCCI meets this seCtion of the Standards. Detainees are allowed to assist otherdetainees with research at their own Will.103

7. Notice to DetaineesThe Standards require that the detainee handbook provide detainees with the rules and. I I . I 104procedures govemmg access to ega matena s.MCCI does not meet this section of the Standards: the Handbook does not specifythe rules and procedures for utilizing the law library or for obtaining legal materials.lOsThe Handbook only says that law books are available in the law library and that detainees areallowed to use the law library. 106D. Group Rights PresentationsThe Standards provide that facilities holding ICE detainees "shall permit authorized

persons to make presentations to groups of detainees for the purpose of informing them ofU S.immigration law and procedures, consistent with the security and orderly operation ofeachfacility."lo7 Informational posters are to be prominently displayed in the housing units at leastforty-eight hours in advance of a scheduled presentation.108 While the presentations are open toall detainees, the facility "may limit the number ofdetainees at a single session.,,109 "The facilityshall select and provide an environment conducive to the presentation, consistent withsecurity.,,110 In addition, detainees shall have regular opportunities to view an "INS-approvedvideotaped presentation on legal rights."lII

MCCI does not fully meet this section of the Standards: there is no legal rights videoshown at the facility on a regular basis. According to MCCI personnel;legal rightspresentations take place whenever an organization requests to make such a presentation. I 12102 Detention Operations Manual, Detainee Services, Standard 1, Section III.Q.103 Notes of delegation conversation with Sg t . ' 104 Detention Operations Manual, Detainee Services, Standard 1, Section III.K.105 MCCI Inmate Handbook, pp. 18-19.106 MCCI Inmate Handbook, pp. 12, 18.107 Detention Operations Manual, Detainee Services, Standard 9, Section I.108 Detention Operations Manual, Detainee Services, Standard 9, Section III.C.109 Detention Operations Manual, Detainee Services, Standard 9, Section III .e.110 Detention Operations Manual, Detainee Services, Standard 9, Section III.E.111 Detention Operations Mariual, Detainee Services, Standard 9, Section III.I.112 Notes ofdelegationmembe_n onversation with Lt. '. . .

12


30/71

LATHAM&WATKI NSLLP

These presentations are announced in the living area,l13 or a sign-up sheet is passed around to thedetainees. 114 Any detainee may attend these presentations, which are often held in aclassroom.115 There is no ICE-approved videotaped presentation on legal rights available fordetainees to view on a regular basis.116 One detainee who had been at the facility for two and ahalf months and another who had been there for six months both stated that they had never heardabout nor attended any "Know Your Rights'; presentations.117N. OTHER PROVISIONS OF THE ICE DETENTION STANDARDS

A. Correspondence and Other MailThe Standards require that detainees be allowed to send and receive correspondence in atimely manner, subject to limitations required for safety, security, and orderly operation of thefacility 118 General correspondence shall normally be opened and inspected for contraband in the

presence of he detainee, but may be opened and even read outside the presence of he detainee ifsecurity reasons exist for doing so.lI9 Special c o r r e s p o n d e n c ~ w h i c h includes all writtencommunication to or from attorneys, legal r e ~ r e s e n t a t i v e s , judges, courts, government officials,and the news media-is treated d i f f e r e n t l y ~ 12 Incoming special correspondence can beinspected for contraband only in the presence ofthe detainee, but it can never be read orcopied.121 Outgoing special correspondence may not be opened, inspected, or read.122 .

The detainee handbook must specify how to address correspondence, the definition ofspecial correspondence and how it should be labeled, and the procedure for purchasing postageand rules for providing indigent detainees free postage.123 The Standards also require thatfacilities provide all detainees with writ ing paper, implements and envelopes at no cost, andprovide 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.124Finally, the Standards re?uire t h ~ t facilities notify detainees ofspecific information regardingcorrespondence policies. 25 .

113 Notes of delegation114 Notes of delegation

117 Notes of delegation118 Detention Operations Manual, Detainee Services, Standard 3, Section 1.119 Detention Operations Manual, Detainee Services, Standard 3, Sections II1.B & E.120 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F.121 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.122 Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.123 Detention Operations Manual, Detainee Services, Standard 3, Sections II1.B.124 Detention Operations Manual, Detainee Services, Standard 3, Section III.I, and Standard 1, Section III.N.125 Detention Operations Manual, Detainee Services, Standard 3, Section III.B.

13


31/71

LATHAM&WATKINSLLP

MCCI does no t fully meet this section ofthe Standards; the Handbook does no tinclude several required notifications, all general correspondence is opened outside ofdetainees' presence, and writing implements ar e not free of charge. MCCI provides alldetainees with an Inmate Handbook. 126 However, this handbook does not provide the followinginformation as required: 1) "the definition of special correspondence, including instructions onthe proper labeling for special correspondence . . . . [and a] statement that it is the detainee'sresponsibility to inform senders of special mail of he labeling requirement"; 2) the fact thatidentity documents, such as passports and birth certificates, are contraband and may be rejectedby the facility; 3) instructions on how incoming mail should be addressed; 4) a notification that"general correspondence .. . shall be opened and inspected in the detainee's presence, unless the[Officer in Charge] authorizes inspection without the detainees presence for security reasons";and 5) a notification that"special correspondence may only be opened in the detainee'spresence.,,127

According to the facility opens and Inspects all general correspondence forcontraband outside of he recelVlng detainee's presence.128 U. ;,,11 said that a New Jerseystate law, passed in the wake of September 11, 2001, is the reason for thiS.129 Moreover, MCCIdoes not appear to treat mail from the media or politicians as "special correspondence" asrequired by the Standards.130

Lt. that only indigent detainees are provided writing materials at no charge.Although the standards require that facilities "shall provide writing paper, writing implementsand envelopes at no cost to detainees,,,131 all non-indigent detainees must pay for writingmaterials and envelopes themselves by purchasing them through the Commissary.132

B. Detainee HandbookThe Standards require that every Officer in Charge develop a site-specific detaineehandbook to serve as an overview of detention policies, rules, and procedures, and specify thatevery detainee will receive a copy of he handbook upon admission to the facilityY Thehandbook must include visitation hours and rules.134 The handbook must notify detainees of thefacility correspondence policy.135 The handbook must provide notice ofthe facility's rules of

126 Notes ofdelegationmp.lmnf'TI127 Detention Operations128 Notes of delegation129 Notes of delegation130 Detention Operationson conversation with

interviews with: " ' T V l r . , " ~ Standard 3, Section III.B.

conversation withconversation withStandard 3, Section IILE; notes of delegation membe4SM

J3J Detention Operations Manual, Detainee Services, Standard 3, Section III.!.\32 Notes of delegation on conversation with Lt.N133 Detention Opemtions Manual, Detainee Services, Standard 6, Section I.134 Detention Opemtions Manual, Detainee Services, Standard 17, Section III.B.135 Detention Operations Manual; Detainee Services, Standard 3, Section III.B.

14


32/71

LATHAM&WATKI NSLLP

conduct and the sanctions imposed.136 It must advise detainees of rights including the right toprotection from abuse and harassment, right to freedom from discrimination, and right to pursue. 137a grIevance.

I t is unclear whether MCCI fully meets this section of the Standards: one detaineestated that she did not receive a copy of the handbook, and the handbook does not advisedetainees oftheir right to protection from abuse,harassment, and discrimination.Corrections officials indicated that every inmate receives copies ofthe Handbook duringprocessing upon entry into the facility 138 One detainee indicated that she did not receive theHandbook when she arrived at the facility;139 the other detainee we interviewed said that shedid.140 The handbook includes information on visitation hours and rules, the mail policy, noticeof rules and sanctions, and the right to pursue grievances.141 However, it does not advisedetainees of heir right to protection from abuse and harassment or right to freedom fromdiscrimination.142 Additional observations regarding information lacking in the InmateHandbook, including StaffwDetainee Communication, are included below.

C. RecreationThe Standards require that all detainees have access to recreational programs andactivities, under conditions of security and safety 143 Detainees should be housed in facilitieswith outdoor recreation.l44 If a facility only provides indoor recreation, detainees must haveaccess for at least one hour per day, including exposure to naturallight.145 Detainees shouldhave access to "fixed and movable equipment," including opportunities for cardiovascular

exercise, and games and television in dayrooms. 146 Under no circumstances will a facilityrequire detainees to forego law library privileges for recreation privileges.147

MCCI meets this section of the Standards. MCCI has both outdoor recreation andindoor recreation rooms with access to natural light.148 There is an outdoor patio with a136 Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.137 Detention Operations Manual, Security and Control, Standard 5, Section I1I.A.5.138 Notes of delegation on interviews with S h e r i ~ 139 Notes of delegation on interview with detainee140 Notes of delegation on interview with detainee141 MCCI Inmate Handbook, Sections l(B), (C), & (P), and Sections 3(F), (G), & (P)(l).142 MCCI Inmate Handbook; Section 2.143 Detention Operations Manual, Detainee Standards, Recreation, Section I.144 Detention Operations Manual, Detainee Standards, Recreation, Section lILA, which also provides that "all new. or renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreationarea."145 Detention Operations Manual, Detainee Standards, Recreation, Section III.B.146 Detention Operations Manual, Detainee Standards, Recreation, Section III.G.147 Detention Operations Manual, Detainee Standards, Recreation, Section III.B.148 Observations of delegation

15


33/71

LATHAM&WATKINSupbasketball hoop that is shared between the two "pods" of male detainees.149 Following breakfastand until evening, the two pods alternatively have access to the outdoor patio in four hourintervals.150 The women have similar access to a similar outdoorarea.15

The male detainees also have free access to an indoor weight room that remains open forthe entire day.152 Both male and female detainees have a dayroom, where detainees can watch .television, play board games, and use the pay phone. 153 Detainees have access to natural sunlightat all times.154

Detainees in segregation, for both disciplinary and administrative purposes, receive onehour of outdoor recreation daily.155 Detainees in the lowest level ofprotective custody areallowed outdoor recreation with limited interaction, while detainees held in the higher level ofprotective custody or that are restricted due to disciplinary reasons only have access to anoutdoor five by fourteen foot cage.156 These recreation areas do not provide equipment formuscular or cardiovascular exercise.157 There is no recreation or outdoor access for detainees inthe infirmary. 158

D. Access to Medical CareThe Standards require that all detainees have access to medical services that promote

detainee health and general well being.159 Each facility is required to have regularly scheduledtimes, known as "s ick call," when medical personnel are available to see detainees who haverequested medical services. 160 For a facility of over 200 detainees, there must be sick call fivedays per week.161 Facilities must also have procedures in place to provide emergency medicalcare for detainees who require it.162

MCCI meets this section of the Standards. All detainees at MCCI are screened formedical issues upon their initial processing, which takes place on the day they arrive at the149 Observations of delegation150 Notes ofdelegation151 Notes of delegation152 Notes of delegation153 Noteso f delegation

Miriam Rodgers, on154 Observations of delegation m e m b e . ~ l 155 Notes ofdelegation156 Notes of delegation157 Observation of delegation member158 Notes of delegation member159 Detention Operations Manual, Health Services, Section L160 Detention Operations Manual , Hecilth Services, Section I1I.F.161 Detention Operations Manual, Health Services, Section II.F.162 Detention Operations Manual , Health Services, Section IILA, D, and G.

16

notes of delegation member


34/71

LATHAM&WATKINSLLP

facility.163 During the screening, detainees are given a PPD screening for tuberculosis ("TB,,).164If a detainee is suspected of having TB, the detainee is held in an isolation room until an x-rayconfirms or negates the possibility ofTB infection. 165

There is a regularly scheduled sick call seven days a week, provided by CSS, the on-sitecontract medical provider. 166 There is at least one doctor on staff seven days a week, and duringthe day there are eight medical personnel on site. 167 Detainees are not required to indicate whythey are requesting sick call when they do so, and receive medical services the same day. 168 Onsite medical personnel are able to provide IVs, recovery from surgery, isolation rooms forsuspected TB, etc. 169 An OB-GYN is made available to pregnant detainees. 170 There is an onsite pharmacy, and medications are distributed three times a day. 171 There is a 1-800 numberwith translators available twenty-four hours a day, seven days a week to assist with non-Englishspeaking detainees. 172 However, according to one detainee, the translators are not always madeavailable to detainees. 173

On-site mental health care is provided from 8:00 a.m. unti14:00 p.m., Monday throughFriday. 174 There is at least one, and usually two to three mental health personnel on site.175 Thedetention officers arrange for hospitalization and off site mental health care when necessary. 176The facility obtains signed and dated consent forms from detainees in non-emergency

situations. 177 Ifforced treatment is necessary, the facility involves ICE and the detainee'sattomey:178 The facility also maintains different medical logs to protect patient-detainees 'confidentiality. 179 ,

163 Notes of delegation164 Notes of delegation165 Notes of delegation166 Notes of delegation167 Notes of delegation'168 Notes of delegation169 Notes of delegation170 Notes ofdelegation

-71 Notes ofdelegation mp.mh,f 'r172 Notes of delegation173 Notes of delegation174 Notes ofdelegation ~ ~ ~ .. , ~ ~ 175 Notes of delegation - ~ , - .. , ~

177 Notes of delegation member178 Notes of delegation member179 Notes of delegation member

on conversation with Lt.on conversation with Lt.on conversation with Lt.on conversation with Lt.on conversation with Health Services Administrator r.on conversation with Lt.on conversation with Lt.on conversation with Health Services AdmirlisU'ato:on conversation with Heal th Services Admirlistrat()ron conversation with Lt. ' . l .on'mterview with detainee on conversation with Health Services . t \ a m l l ~ l S , r a l I J r on conversation with Health Services . n . U 1 U l l l l ~ U on conversation withon conversation withon conversation withon conversation with

17


35/71


36/71

LATHAM&WATKINSllPdetainee is to be classified upon arrival, before being admitted into the general population.192The staffis to use the most reliable, objective information from the de tainee's A-file or workfolder during the classification process.193 Detainees are to be assigned housing, offeredrecreational activities, assigned work (at the d

monmouth county correctional institution (new jersey) intergovernmental service agreement (igsa)...

Documents