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INTERGOVERNMENTAL SERVICE AGREEMENT

between

COUNTY OF HUDSON
595 NEWARK AVENUE
JERSEY CITYt NEW JERSEY 07306

and

u.s. DEPARTMENT OF-JUSTICE


IMMIGRATION & NATURALIZATION SERVICE
70 KIMBALL AVENUE
soum BURLINGTON~ VERMONT 05403-6813

Agreement Number: ACB.5.I-OOOI


AGREEMENT SCHEDULE

ARTICLE I • PURPOSE

1. The purpose of this Intergovernmental Setvice Agreement (IGSA) is to


establish a forma1 binding relationship between the U.S. Immigration &
Naturalization Service (INS) and the County of Hudson County, New
Jersey (Contractor) for the detention of aliens of all nationalities
authori2ed to be detained by INS in accordance with the Code of Federal
Regulations, Title 8, Aliens & Nationality Act and related criminal statutes.

2. This Agreement sets forth the responsibilities of both INS and the
Contractor regarding services to be performed and reimbursement when
those services have been performed. There is no obligation, expressed or
implied, on the part of INS to utilize the Contractor's facility nor on the
part of the Contractor to accept detainees.

ARTICLE n . COVERED SERVlCE~


1. The Contractor will provide housicg, safekeeping. subsistence and other
services for INS detainee(s) within its facility (or facilities), which shall be
. idenified by letter amendment(s) hereto and incorporated herein,
consistent with the types and levels of services and programs routinely
afforded its own population, and fully consistent with all applicable laws!
standards, policies, procedures and court orders applicable to its facility (or
facilities), unless or as specifieally modified by this Agreement. The unit of
service will be the Detained Day and the oost as agreed to by the parties is
SEVENTY-SEVEN and NO/tOO ($77.00) DOLlARS per Detained Day.
The type of detainees W111 be non-juvenile males and females. The
duration of scIVice to be provided will be overnight holds, dai1y~ and long
term, not to exceed 120 days without contacti.ng the Contractor for
approval. .

ARTICLE UI • SupPORT AND MEDICAL SERVICES

1. The Contractor will provide housing, safekeeping, subsistence and other


services for INS detainee(s) within its facility (or facilities) consistent With
the types and levels of services and programs routinely afforded its own
papulation, and fully consistent with all appUcable laws1 standards, policies,
procedures. and court orders applicabJe to its facility (or facilities), unless
or as speci.6t.ally modified by this Agreement. The Contractor agrees to
provide INS detainees with the same levels and 1ypes of medical services
and care as are provided its own facility population. The Contractor will

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provide all necessaty security and transportation services, when directed or
authorized by the INS, except as required in an emergency situation. to
move INS detai.Jlee(s) to medical or other appropriate facilities.

2. The Contractor further agrees to notify the INS as soon as possible of


emergency medical cases requiring removal of detainee(s) from its facility
. (or facilities). Prior authorization will be obtained from INS when removal
is required for any other medical services that may be required at loc.a1
clinics or hospitals.

3. Such transportation and security services shall be performed by qualified,


sworn law enforcement or correctional officer personnel employed by the
Contractor and under its policies, procedures and authorities. The
Contractor agrees to augment such practices as may be requested by tbe
INS to enhance specific requirements for security, prisoner monitoting.
visitation and contraband control.

4. The Contractor agrees to invoice INS for all costs associated with hospital
or health care services specifically provided to any INS detainee(s) outside
of the Contractor's facility, with the regular monthly billing to INS for
detention services. In this case, the Contractor arranges for the health care
facility, consultant health care provider. and other health care vendor
and/or suppliers. They will invoice the Contractor for services provided at
, rates no greater than those applicabJe for non·INS detainees in the custody
of the Contractor, and then after payment of these invoices, submit for
reimbursement payment from INS. INS shall include reimbursement
payment to the Contractor for the hospital and health care services
provided to INS detainee(s)aIong with the monthly payment for detention
setvices. The Contractor shall submit invoices for hospital and health care
services to INS within sixty (60) days after the services were rendered.
Documentation must be provided in order to support INS payment of
these costs.

ARTICLE IV - RECEIPT. DISCHARGE AND POPULATION LEVEL

1. The CDntractor agrees to receive and discharge INS detainee(s) only from
and to properly identified INS officcr(s) and, with prior authorization from
the designated INS point(s) of contact, to other properly identified Federal
law enforcement officials. Admission and discharge of INS detainee(s)
shall be fully consistent with the Contractor's policies and procedures, and
shall ensure positive identification and recording of bolli detainee(s) and
officer(s).

2. INS detainee(s) shall not be released from the facility into the custody of

2
other Federal, state or looaJ officials for any reason, ~cept for medical or
emergency situations. without the express authorization of INS.

3. The Contractor retains the right to reject or request the removal of any
detainee(s) exhibiting violent or disruptive behavior.

ARTICLE V - PERIOD OF PERFORMANCE

1. This Agreement shall remain in effect indefinitely until term.i.Qatedby


either party. Should conditions of 8.1] unusual nature occur, making it
impractical or impossible to house detainee(s), the Contractor may
terminate, suspend or restrict the use of the facility by giving written notice
to the INS. Such notia will be provided sixty (60) days in advance of the
effective dates of formal termination and at lease thirty (30) days in
advance of a suspension or restriction of use unless an emergency situation
requires the immediate relocation of detaiJlee(s).

ARTICLE VI • ECONOMIC PRICE ADJUSTMENT

1. Payment rates shall be established on the basis of actual costs associated


with the operation of its facility (or facilities) during the latest aIlllual
accounting period for which data is available or for which a formal report
or audit was issued. or as provided for in an approved annual operating
budget for detention facilities.

2. The Federal Government shall reimburse the Contractor at the fixed day
rare identified in Article n. The rate may be renegotiated not more than
once per year., after the Agreement has been in effect for twelve months.
The effective date of any rate adjustment will be negotiated and specified
on the IGSA Modification form approved and signed by an INS
COntracting Officer. The effective date will be established on the first day
of the month for accounting purposes.

3. Payments at the modified rate will be paid upon the return of the signed
modification by the authorized local official to the JNS.

4. The rate covers one (1) person per "Detainee Day". The Federal
Government may not be billed for two (2) days wheD a detaiDee is
admitted one evening and removed the following morning. The Contractor
may bill for the day of arrival but not for the day of departure. A detainee
day is defined as a 24 bour period starting at book-in time.

S. The late may be revised on the basis of data submitted and action taken by
either or botb the INS and the Contractor within ninety (90) calendar days

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before each annual anniversary of the initial Agreement's execution. The
Contractor agrees to provide the necessary C05t information to support the
requested rate increase and to permit an audit ofacc.ounting records upon
request of INS. Criteria used to evaluate the increase or decrease in the
per.capita used to evaluate the increase or decrease in the pet-capita rate
shall be those specified in the OMB Circular A-87. Cost Principles for
State and Local Governments or other guidance as revised, or in
acx:ordance with superseding guidanre.
6. Unless other justifiable reasons can be documented by the Contractor, any
per diem rate increases shall not exceed the National Inflation rate as
established by the U.S. Department of Commerce. .

ARTICLE VII • INVOICES AND PAYMENT

1. Invoices shall be submitted to:

U.S. Immigration & Naturalization Service


Newark District Office
970 Broad Street
Newark. New Jersey 07102
Attn: Deportation Unit
Phone: (201) 645·2414

After certified true and correct by the above office, relating invoices will be
forwarded to the following address for payment

U.S. Immigration & Naturalization Service


70 Kimball Avenue
South Burlington, Vermont 05403..6813
Attn: Fin~ce
Phone: (802) 660·1127

2. The Prompt Payment A~ Public Law 91·1n (96 Stat. 85,31 USC 1801) is
applicable to payments under this Agreement and requires the payment to
the Contractor of interest on overdue payments. Detenninations of
interest due will be made in a<XXlrdance with the provisions of the Prompt
Payment Act and the offices of Management and Budget Circular A.l25.

3. In accordance with the Prompt Pa)'n.1ent AC4 payments under this


Agreement will be made thirty (30) calendar days after the receipt of a
proper invoice in the office designated to receive invoices (paragraph 1,
above). The date of the check issued in payment shall be considered the
date payment is considered to have been made. .

4
4. A proper invoice shall be submitted monthly. in arrea~. to the office
identified in Paragraph 1, above. To constitute a proper invoice. it must
include the name, address, and phone. number of the official designated
payment office. It shall list each detainee t the specific dates of custody for
each, the total number of days (or which reimbursement is sought, the
agreed-upon detainee.day rate. and the total amount billed. The
Aireement number shall be stated on all invoices submitted to INS for
final payment.

ARTICLE VIII • MODIFICATIONS AND DISPUfES

1. Either party may initiate a request for modifications to this Agreement


Such requests must be .submitted ill writing. and approved in writing by a
Regional Cootracting Offi~rand the Contractor. The IGSA constitutes
the entire agreement between the two parties, and that actions by parties
other than those identified or designated withia the Agreement will not
serve to bind, or incur liability on behalf of either party. -

2. Disputes, questions, or concerns pertaining to this Agreement shall be


resolved between the INS and the appropriate Contractor official. No
resolution may explicitly or implicitly alter the terms and rates contained in
this Agreement unless approved by formal modification by a Regional
Contracting Officer. Unresolved issues are to be directed to the
Contracting Officer, Eastem Regional Office, 70 Kimball Avenue, South
Burlington. Vermont 05403..os13.

ARTICLE IX • INSPECJ]ON AND TECHNICAL ASSISTANCE

1. The Contractor agrees to allow periodic inspections of the facility by INS.


The sole purpose of said inspections will be to insure a minimally
acceptable level of services and acceptable conditions of confinement under
this Agreement. Findings of the inspection will be shared with the facility
operations, conditions of confinement and levels of services. The
Contractor is required to promptly disclose to the designated INS point of
contact any and all public results OJ. copies of facility (or facilities)
inspections. reviews, surveys or other forms of examinations.

ARTICLE X - AVAlLABILllY OF FlIN1!S

1. The Government's obligation under this Agreement is contingent upon the


availability of appropriated funds from which payment can be made. No
legal Iiability on the part of the Government (or any payment may arise
until such funds are made availabJe.

s
ARTICLE XI • EMPLOYMENT OF PNAtmfORIZED ALIENS

1. Subject to existing laws, regulations, Executive Orders, and other provisions


of this Agreement, aliens unauthorized to be employed in the Unites States
shall not be employed by the Contractor, or its subcontractors, to work on,
under, or with this Agreement. The Contractor shall ensure that this
provision is expressly incorporated into and all subcontracts or subordinate
agreements issued in support of this Agreement.

ARTICLE XII • CONTRACTING OFFICER'S TECHNICAL gEPItESENTATIVE

1. Annette Ramirez is the Contracting Officer's Technical Representative


(COTR) for this Agreement In the event the caTR is changed. INS will
inform the Contractor in writing of the identity of the replacement

2. The COTR is respOnsible for: reoeiving all deliveries; inspecting and


accepting the services provided hereunder in accordance with the terms
and conditions of this Agreement; providing direction to the Contractor
which clarifies the Agreement's effort, fills in details or otherwise seIVes to
accomplish the Agreement's requirements; evaluating performance; and
certifying all invoiceslvouchers for acceptance of the services furnished for
payment prior to fotwarding the original invoice to the payment office.

3. The COTR does Dot have the authority to alter the Contractors
obligations under the Agreement, direct changes that fall within the
purview of the Contracting Officer and/or modifY any of the e;xpressed
terms, conditions, specifications, or cost of the Agreement. If as a result of
technical discussions it is desirable to alter/change obligations or
requirements, the Contracting OffiCer shaD issue such changes in writing
and shall execute same in behalf of the INS.

ARTICLE X1U .. CONTRACTOR'S REPRESENTATIVE

1. Any and all correspondence with the Co~tractor shall be in writing to!

Hudson County Administrator


567 Pavonia Avenue
Jersey City, New Jersey 07306

with copies to:

Hudson County Counsel


567 Pavonia Avenue
Jersey City, New Jersey 07306

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IN WITNESS HERETO:

WITNESSED: u.s. Department of Justice


ImmigratiOQ & Naturalization Service
Eastern Region

Dated:
'------------------- ~ "'-':.~ 'I1s/9(.
Roger E. Fregf!a; Contracting Officer

WITNESSED:

,?~,~
Date:___________

7
Udlted Stutes Department of Justice
lmmigration & Naturalization Service

Intergovernmental Service Agreement/or Housing Federal Detainees

II. 12. . ,"'f J.


A, date: in block 8 03

4. "~ln. i IS.
Immigration & Narura.lization Service County of Hudson
70 Kimball Avenue 567 Pavonia Avenue
South Burlington, VT 05403~6813 Jersey City, NJ 07306

Cantact Penon: . County Administrnto.r


I i;::~ is~~?n: R:s~er E, Fregeau. CODtnc:ting Officer
Phone: (201 :
6.
~~~.
, "'
b6
,~ . ""v ...
vr ,nc o
" I REMAIN UNCHANOED):

This modification number 03 is to replace item I in ARTICLE V - Period ofPcrformance with the
{ollowing:

ARTICLE V - Period of Performance and Bedspace Guarantee

I. This Intergovernmental Cooperative Agreement Number 02-50-02 is between the United States
Marshals Service. the Immigration and Naturalization Service and the County of Hudson New Jersey,
in accord'ance with the terms and conditions set forth in Articles I through xn and Schedules A, B,
and C. The County shall provide detention space and services for 384 federal prisoners/detainees
(128 in USMS custody and 256 in INS custody) each day at the Hudson County Jail for a period of
fifteen (15) years commencing on the date of completion of all project(s) listed in the schedules and
the fulfillment of payments by the USMS, TIlis agreement shall remain in effect through the period
of the CAP agreement, and thereafter until terminatod or suspended in writing by either party, Such
notice will be provided thirty (30) days in advance of tho effective date of fonnal tennination and at
least two (2) weeks in advance of a suspension or restriction of use unless an emergency siruarion
requires the immediate relocation of prisoners/detainees.

0 Local Government is not required to dgn this !!I Local Govenum:nt is required to sign this document

< .
d~ot. and return copie~ to the wiling office.

7. L."" Ao 1',fL., ( ,/nV'


~d: ':d~~
,
.. ,x~;:~;; ~~
N,_ , . ,.
/
Sil:"..h,lrc 0.-

(fIJI additional 'i&n;IlUre~, pltilSC ~uueh mothcrp1SC)

•. F'<l<nl'

,,<;:; t-I'IJ=.
~ , '-l
"'-
l:?s;:, G,RO! 0;;..
Name: (l)"pt «P"i~!)
'\:r..s.G~U
limted States Department of Justice
Immigration & Naturalization Service

Intergovernmental Service Agreementfor Housing Federal Detainees

l. Agreement Number 2. Effective u of 3. Modification NUIIlbec


ACB-S-I-OOOI dltc in block 8 04

4. Issuing INS Office Address: 5. City/County/State Government;

Immigration & Naturalization Service County of Hudson


70 Kimball Avenue 567 Pavonia Avenue
South Burlington, VT 05403-6813 Jersey City, NJ 07306

Contact Person· ROllel'"~. Ftegeau. Contncting OfficerContacr PersOll: COlmty Administrator


Phone: (802' b6 Plume: (201) b6
Fax:- (SOil 9S 1-6455 Fax: (2()l)795-642S
6. Description of Modification (EXCEPT AS SPECIFICALLY PROVIDED HEREm. ALL TERMS AND CONDITIONS
OF THE AGREEMENT IDENmtED IN BLOCK 1 REMAfN UNCHANGED):

This modification number 04 is to provide equitable adjustment fo r burial fees of a de tainee in the
amount of S 1000.00. ,

Il1I Lotal Government is nor required to sign this D Local Government iJ required to sip this document
document. ond",1urn __copies to the issuing office.

7, Local Gov¢mDlenr:

S ~lure

(!,ortddition;d lOr_IUra!, please ",11xh ...,,,thc:r p.sc)


""" Name ",d Ti l\e (Type~r prillt)

8. Federal Government:

~, g. <;;::;
Con ffic.o:r SIJ1l&Nf'C
,,=r~ b." .. 112/0'3
Do.
'I<oc.:e.R
(Type
N......
~ ~='e.A.W
" rprin t)
STATE OF NEW JERSEY )
: SS
COUNTY OF HUDSON )

(~ //"iJ!
BE IT REMEMBERED, that on this I r~ day of , ,v ~wo Thousand and
,/

Two, before me, the subscriber, ~-)~::-crt:J.-t~ perso ,"" ly appeared JEAN A. BYRNES,
ZJ
~ho being by me duly sworn according to law, on her oath says that she is the Clerk of the Board of

Chosen Freeholders ofthe COl.Ulty of Hudson and that BERNARD M. HARTNETT, JR, is the

County Executive, that he knows the corporate seal of said County of Hudson and that the seal affixed

to the foregoing instrument is the seal of said County; that the said BERN~ M.HARTNETT. JR. as

, County Executive signed said instrument and affixed said seal thereto as his voluntary act and deed for

the uses and purposes therein expressed, in attl?station whereof, she the said JEAN A BYRNES, as

Clerk, subscribed her name thereto

j!):AN A. BYRNES~
ERK.
BOARD OF CHOSEN FREEHOLDERS

Supscribed and sworn to

before me this~~y

Of~2002 ,
V-~~/W£
MARrA CCRSO
NDT~RY PUBLIC OF NEW JERSEY.
My Commission EXpires Feb. 19, 2~
ro Number 2108977
IN'rE!R.GOVEIrnMEN'l'J.L COOPERATl:VE AGlm
~JI A--
This agreliUIl2nt· is between the United States arsha~s Servj.ce, /f"./
Immigrat~on and Natura~ization Service and e County of aU~$oa
New Jersey. ~n accordane~ with thsterms and condi t~ons sst forth in
Articles Z through XII ~na SchQdu~es A, E, a Ii C.·
The following ~nd~v1duals are authorized, to accept and
commit to this agreement on the behalf of
}(..~"
UNZTBD S~A~~KARSRDLS ~ZCE . COlJ:N1:'f OP "'"f ''''''t''''¥

SIGNATtmE, ./ ~.u6N C~
TYPED NAME: Benigno G. Reyna

TITLE: ______~n~i2r~e~c~t~o~r~___________ TITLE: ____~~pu~~~~~~-----------


ADDRESS: ADDRESS:

TYl?5I] NAME: Charles L. MoNa;;!.

TITLE: ______~U~n~i~t~e~d~S,t~a~t~e~s~M~a~r~s~h~a~l~____
o~str~ot of New JersGY
ADDRESS; 50 Walnut Stree~ : 567 pavoru.a ~vanue
Newar~ NJ 07102 JQrsey C~ty, NJ 07306

DATE: ______ ~~~~~~--~~~--------- OATE: ____~~~~~.~~~~n~------------------


SIGNATURE:-h~~~rT~~~~~~~____ DATE; ____+-~~~~-------------------

DATE: ____~=-~~----------------------
TYFED NAME: Anthony S. Ang6man
TI'l'LE: Depur.:y Executive .Associate Commi.!!lsioner
. ADDRSSS; 425 "XU 5tree't, NW
Washington DC 20536
(NDXS: r1l:Ls c"o~erat:ive agreement is neitll.er binding nor effective unles
signed by the Direct:or, U. S . M2lrsllals Service.)
lLRTICLE 1:

AUTHORITY

The United States Marshals Servioe (USMS) an the ~mmig~ation and


Naturalizat~on Service (INS) are authOr~zad 0 enter ~nto cooperative
agreements with local entities to eetab~~sh at~s£actory oond~tions
of con£in~ent and detention services in re rn for guaranta@d
bedspac~ for xedera~ detainees as authorized in 18 O.S.C.
4013(a)(4),(U5MS) and a ~.S.C. 1103(a)(9)(B)I(INS). The Cooperative
Agreement Program ~s administered by the us
PtlRPOSE

The purpose of this oooperative agreement i5 to establi.sh a legal


relationship between the USHS, INS and th~ H dson County, New Jersey
(the recipient). This agre.ement is predioat d upon the Federal
Government's requirement£or detent~on space and services and the
recj,~i.entJ S provision of lSuOh $~:rvices. All articles and schedules
1n this agreemen~ are h1nding upon the signa res of a~~ signatories.
~T:ret.E It
ASSURANC~

Neither this agreement, nor any inte~est th Gin, may be assigned, or


transferred to any other PartY without p~ior written approva1by the
USMS.
This cooperative agre~ent provides for £ede al £undi.ng of the
recipient ja~l oonstruotion, renovation. and or .1mprovemQnt programs.
The rec~p~ent rece~ving federa1 funds ts ~e ired to assure and
cert~fy that ~t wi1~, as a dondition of rece ving the £unds, comply
with app1icab1e federal ~aw and regu~ations overning grant lSi and
cooperative agreements. Sy si.gnature to thi agreement.. the
reoipient es~rQS and certifies itwil~ camp y w~th all provisions,
guidelines ~ x-egulations, and li!l'-1s stipulated in this agreeIllent.

None of the pr~~e~pa~ aotivities o£ the proj ct-support~d effort


sha11 ~e oontracted out to another org~=a ·on without prior
apPl"ova.l by the USMS. Where the intention award eontraots is made
known at the t~me o~ application, the appro may ~e conside~ed
granted if these act1vit~es are funded as p posed.

A~l contraots or assignments must be forma~ zed in a written oont~act


or other written agreement between the part es invo~ved.
Th& CQntract or egreement mustr at a min , $tate the activit~es to
QQ performed, the t~me schedu~er the p~oje pol~c~e9 and the £~O~­
through requiremants that are appl~oabl~ to the contraotor or other
~eoip~ent, oth.~ po~ici.es andprocedurQs to be fo~~owedr the 4o~lar
limitation of the agreement and the cost pr noiples to be used ~n
determ~ninga~lowab1e oosts. The contract r other written agreement
must not affect tne recipient's overal1 res ons~b11~~ £or the
duration cfth~ projeot and aocountabi~~ty o the Government.
ARTICLE III

CQOPEBA1iVE AGREEMENT P~AH

A. Negotiat~ons between tha rQoip~ent d the USMS have


resulted in a formulation of a Coop ative AgrsQmQnt Plan
wh1ch 1$ 1~corporated a~ Sdh&dula B o£ this agreement.
B. Raquest(s) for modification, deleti ns, or add~tions to
Sch~du1e S may be madQ by the rec1p ant by
submitting a
written r2quest to the Chief, Pr~so r operations, USMS,
who must approve a11 chang~s in wriing. N~ither ~ha u.s.
Marshal, INS or the Cooperativa Agr ement Frogram (CAP)
reoip~ent is authorized to modify 0 othe~ise change this
agrQ~Qnt in any way. .
c. ThQ recipient·has ver~~ied and ens es that al~ project($)
speci£ied in Schedule B meet applic ble state and local
laws, standards, policies, proo~dur s, or court orders.
D. The rec~p~ent is responsible for p1 ing, initiating, and
OVBrSeG~ng the c~mplet~on of the pr ject(s); for preparin~
quarterly progress reports and par1 cU.c requests for
payments; for certify~ng the accura y of CQntractcr and
vendor bi~~ings; for ensuring the c st-eff~~ent and t1m~ly
completion of project(s); and for i e4iately notifying the
U.S. Marshal ~ :in wri t:lng,. of any is ue~ or prob1ems that
might affect the suecessful complet on of the project(s)
within the time frame(s) ana cost c 111~g(s) s~@ci£~ed in
SchQ.dule S-"

E. The UaS. Marshal is responsible for conducting monthly on-


s~te ~n$PQctions of the projeot(s)1 for reviewing and
certifying interim and final paymen requests submi. tted by
tha rac1p:i.ent: £or ensuring that £unding ceilings are
not e~oeeded, fer pro~id1ng USMS He dquarters with written
r~comm~nQations on any p~oposed ch ges or mod.1£ications to
this agreement; and fer tmMediately no~~fying headquarters,
in writing, of any issues or preb~e ~ that might a~~ect the
sucoessful completion of the projec (s) WLthin the time
~rarae( s) and cost Oe.1.1.1ng(:!l) speo.if ed:ln Sch~du1.e B.

!RTICLE XV:

3
A. The USM~ will provide federal fun ~g in an amount not to
exceed $7,000,000.00 ($2,333,340 1 SMS; $4,66Q,660, INS)
for the projecC(e) listea in Sche le B. Only the GSMS
Headquarters is authori2ed to obI' ate and disburse the CAP
fur-cis.
B. The recipient is responsible for ~ costs associated with
the project(s) which exceed the s ecifi~ci fed~ral funding
level.
C. Fund~ specified and approved for e project shall not be
transferred to another project or e used for ~ny other
purpQSle unless authoriz-ed ·by a -wr' tten modification to this
agreement.
p. USMS Headquarters is to ~e notifi d of any funds which will
not be expended by the CAP recipi nt for any approved
proj ect listed in schedule E. It is the sole discretion
and right of the USMS to deterrnin how unexpend7d funds
will be used.
,ARTICLB V

A. The recipient shall, at the reque t of the v.S. Marshal,


provide detention space and ~ervi eS for 384 federal
prisoners{128 1n USMS custody an~ 2SQ in INS ~ustody) each
day at the Hudson County J~il for a period of fifteen (15)
years commencing on the date of c mpletion of all
projec~(s) listed in Schedule B d the fulfillment of
payments by the USMS.
B. The. USMSmay, at it!! discretion, enegotiate the agreement
to reduce the number of guarantee bedspaces and the period
of pe~fo~ance. Factors which rna impact the level of use
are: reduct£on in USMS/INS popul tion,. closing of a
federal court or redesignation of the fe~e~al court city
and construction of BOP £acilitie
C. The Intergovernmental Agreemenc ( GA) fo~ the housing of
federal prisoners will remain in ffect through the period
specified in Article V~ Paragra~h A, and thereafter until
terminated in writing by the USMS or the r~~~pient.
D, Daily jail rate payments provided for in the IGA will be
negotiaced in accordance with Cos Principles fo~ Stat~,
Local, and Indian Trihal Governrne ts. The recipient shall
accept a daily jail rate which is supported by actual and
allocable jaiL operating cases. c at of ~ocal law
enforcement and local court suppo t costs are not allowable
fo~ the computation of daily jail rai;e;!,

ADEQUATE DETENTION SPACE & SERV+CE

4
A. The re~ ~ient shall accept ana p. ~de secure custody,
care, and safekeeFing of federal r~soners ~n accordance
with state and l~cal laws, standa ds, policies, and
procedures.
Failure to comply with these pr~v s~ons may result in a
Breach of A~eement as deta11ed i A:~icle~,

The mandatory minimum conaitions f confinement which ar~


to be met during th~ entire pe~io o£ the coopera~ive
agreement are:
:1. Adequate, t:rained. j ail staff will be provided 24 hours
a day to sup~rvige prisoners Prisoners will be
counted at least onc~ ~n eve shift, but at least
twice in every 24-hour perio One of the counts must
be visu~l to validate prisc~ occupancy_

2. Jail 6ta~fing provides full security


posts and full surveillance
3 • Jail pr~vides for three per day for prisoners.
The meals must meet the nati nally re~ommanded dietary
aJ.lowances p'-lblished by the ational A~ademy of
Scie.nces.
4. Jail p~ovides 24-hour emerge for
p;r;1.~Qners •

5. Ja~l maintains an automatic moke ~d fire detection


and alarm system, and mainta n written policies and .
procedures regarding fire an other safety emergency
standards.
6, Jail maintains a water suppl anQ wa~te disposal
program that is certifi~d t~ be in compli&nce with
app~i~able laws and regulati s.
ARTICLE VI

PROVISIONS.
A. The USMS will obligate and reserv the funds established
under this agreement. Re.quests f r reimbursement for work
complete~ w~~l be submitted by th recipient ona--StanQi'\.ra.
Form 270 (Request for Advance or eimbursement) wi~h a CAP
Reimbursement Oetail Sheet to the u.s. Marshal for revi~w
and certification. Payment to th recipient will be made
only after written authorization y the chiet( Prisoner
Operations, or his/har designee. Payments will not:. be
issued to vendors Qr contraeeo~a. Payments will be issued
to recipi~nts via electro~~ tran fer ot: payment:..
B. ~l requests fo. payment submitte by the ~ecipien~ must be
supported by valid invoices in ac o~dance with authorized
projects spec~fied in schedule B f this agreement.

5
Payments will only be made after n~site ~nspection by the
U.S. Marshal or h1s/ne: Q9signee 0 ensure payment for work
completed. Copies of paid invoic s shall be clearly ma~ked
with the appropriace CAP project mber and maintained in
CAP project files by the recipien. ~ll 5~ch Qoc~mentation
shall be made avai~able for ravie upon the request of the
U.S. Mar~hal, '[]SMS Read<;IUarters s aff, or a fed~:c~l audit
agency,

c. The recipient shall certify Chat 0 request for payment


will be aubmiteed for work, mater'als, or services which
have be~n previo~sly funded from ederal funds.
D. The recipient shal~ Use accepted ccounting procedures and
sha~l maintain books, record, and documents
s~~h
accurately reflecting all cost$ r lacing to this agreement
for a period of at least three (3) years following
comple~ion of all ehe projects a final payment. ~l such
document·s will be subject to peri die on-site review as
deemed necessary by the u.s. Mars aI, USMS Headquarters
staff, and federal audit agencies.

E. The recipient agrees to comply wi h che audit requirements


of OMB Circular A-J.33, entitled 11 di.ts of State, Local
Governments and non-p;r-ofit organi ations," and agrees to:

1) Submit a~ original and of the audit


report to the cognizant agency within 30
days after the audit.
:2) SUbmit: a copy of the au i t report: to the
following Department of Juseice Regional
Inspector General offie I
Mr. Ferris B. Polk
Philadelphia Regio Audit Offi.ce
Regional Audit Man
701 Market Street, Sui.te 201
Philadelphia. Penn ylvania ~9~06
3) A oOPY of the transmitt add~essed to th~
ragional inspectc~ gene be se.nt to:
a) Audi t Services
O~fie~ of Justice rograms
Departmen~ of Just ce
633 Indiana. Avenue N.W.
Washington, P.c. 0531.
b} U,S, Marshals Se~ ce
~risoner Services ivision
600 Army Navy Driv
Arlington, VA 2~2 2-42lQ

F. The reci~ienc shall submit its co rective action plan with


the audit report to the DOJ ~~~io al Audit Office, when
the~e a~e findings/recommendation disclosed in the audit
report. The corrective action pl sho~ld ~n~lude: (1)
specific steps taken to comply wi h ~he recommendations;
(2) timetable for performance and Or implementation date
for each reeommendation; and (3) ascription of monitoring
to be conducted to ensure impleme tat~on_ .
G. Audit reports mu~t be ~ubmitted aI ually from the date of
initial aw~rd of th~ cooperative greement until all the
work authorized in Schedule B has ~een completed and
reimbursements from the USMS have been r~~eived. Failure
to furil.ish an accept:able audit a~ determined by the
cognizant agency may be a basis f r withholding or denying
future federal funds.
H. The recipien~ ~ust comply wi~h th fo~lowing spec~al
conditions contained in the Treas ry, Pos~a1 Service and
Genera~ G~vernment: APpropriations Act, Publi~ Law No. 102-
3~3, 106 stat_ 1729 (1932);

(a) !n any contract award qf ,000 or morel the


recipient a~~ees that no t of ~h8 contract ~ward
$ha1l be used to finance the acquiSition of gOOQ5 or
.ervices r 1nclud~ng const~c ion~ for the project
unless the recipient agrees, as a condition for
receipt of ~he grant des crib d herein, to -
,1. } $pecify in any announce ent: of the awarding of
the contract for the pr curement of the goods and
services involved, incl ding cons~ru~tion
services, the amount of federal funds that will
be used to finance the cquisition; e.no.
(2) expra~s the amount ced pursuant to
paragraph (1) as a perc ntage of the total c~sts
of the p~anned acquisit en.
(b) The requirements of sub~ecti n (a) shall not aPFly to
a procuremen~ for goods and ervices, including
constructiqn services, that as an aggregate value of
less than $500,000.

7
1. The re~ tent shall be ~equired t
atablish and maintain
accounting systems and financial ecords that accurately
account for the funds awarded. T ese records shall include
botn Federa~ Funds and all rnatchi g funds of State, local
and p~ivace Organi2ations. Seate a.nd localreeipients
shall eXpend and accoun~ for fund in ac~ordanee with State
laws and pro~edures for e~ending and accounting for its
own funds, as well as meet the fL ancial management
standards in 28 Code of Federal R gula~ions (CFR) ~art bO
and current revision~ of Office 0 Managemen~ and Budget
(OMB) Circula~ A-87, Cost P~incip es for State and Local
Governments.
J. Recipiencs are responsible for co lying with OMB Circular
A-B7 and 28 CFR Part (5e; and the a lowability of the costs
covered therein, To avoid po~sib e subsequent disallowance
or dispute based on unreasonablen as or unallowability
under the specific cost prin~ip~e , recipients muse obtain
p;t;"ior- approval on the treatment 0 special or unusual
costs.
K. Requests for prior approval of co ts must be in writing and
justified with an explanation to ermitreview of the
allowability of the costs. The r quests ar~ to be
submitted through inalus10n in th application or as a
separate written request to the U S.

L. Changes in CAP p~oject. All requ for programmAtic


and/or administrative budget chan be sUbm1tted in a
tirne~y m~nne~ by the recipient.

bRT:rCLJil V:C!

All quest~ons relating co the int~rpretatio of this agreemen~ ~hal1


be" addressed ~o the Chlef, ~risoner Operati ns, and resolved by
negotiation between the representative(s) c the reeipient anQ the
Chief of Prisoner Operations. Unresolved di pute$ will be referred to
the Assistant Director for th~ Prisoner Se ices Division and Chief
Executive Officer of the local gov~~~ment.
Th@ Director, USMS, will be the final decid'ng off1~ial in all
disputes concerning ehi~ agreement, unless therwise adjudicated in a
court of law.

STO~ WORK.

A. The recipient shall wit~n t~rty (30) days from tne


beginning of any delay, notify ch Chief, Prisoner
Operations, in writing, of the ca sas of the d~lay. If, in
the judgement of the Chief, Priso er Operations, th@ delay
is warranted, the time for comple ins the work shall l:le
extende accordingly by formal mo '.cation. The findings
of the Ch.iefjPrisoner Operations, shall be final and
conclusive on the reoipient, but . subject to "resolution
unQer the Disputes Clause in Artie f! VII.
B. The Chief, Prisoner Operations J m issue and tne reeipient
will accept a written order to ato work on any project(s)
funded under this agreement. Sue orders may be issued
upon evidence that the recipient i failing to comply with
generally acoept~d accounting pri ipals, financial
disclosure or ~epo:z:t.ing requireme s, or i5 deviating from
the agreed-upon projects or projec descriptions in
S~hedule B. Por project costs inc rred durin~ the stop"
work period, no CAP fund reimhurs en~s may be made to the
recipient.

c. A Stop Work Order may be cancelle J rei"ssued/ or converted


to an O~Qer of termination.
D. The re~ipient is res~onsible for y costs incurred after
the issuance of a Stop Work Order less such work,
mate~ial, equipment J or services .e purchased prior to
the issuance o~ the Stop Work Ord and delivery cannot be
cancelled.

A. " This agreement may be terminated . n full or in part by the


~ecipient at any time prior to th completion of the
p~oject(5) listed in Schedule~, rovided that all federal
funds .eoeived for the projec~(B) y the recipient are
refunded in full to the USMS. If any CAP funds have been
disbuxseQ to the CAP recipient, r imbursem~nt will include
full xepayment ~lus interest retr actively computed fyom
the receipt of the first CAP paym nt. ~nterest will be
calculated at the prevailing inte est rate at time of
termination. All termination not'ces shall b~ made in
writing by the recipient and sent to the Chief, ~risoner
Operations t via ~egister~d mail, ixty (50) days prior to
the effective date of the termina ion.

B. ~his agreement may b~ te~nated or in part by ehe


USMS at any time p~ior to ehe cem ~~tion of the project{~)
~isted in Schedul~ Sf Such ~ermi ation(s} may result from
the fa~~ure of the recipient to s art or eornplete a project
in accordance with the agreement. A s i:x.t::y (G~) day wri"tten
termination notice shall be ~ade y the "Chief, Prisoner
Operations J to the recipient.
C. This' agreement ~hall not be termi ated by ei~her party
after the completi,on ofa~l ts and the issuance of

9
i! inal 1. -ment by the USMS I unleSl:!ll ~re is mutual agreement
t:o d.o so.

D. This agreement shall not be delay d, suspended, or


terminated by the ~ recipient f r purposes of relieving
cvercrowded conditions due to th~ issuance of a feder~l or
stat~ court order or the issuance f a directive from a
state or local government en~ity. Any such action by a CAP
reciF~ent will be ~onsidered a ~r ach of the agreement and
~ubject to the terms of Article X.

When faced with overcrowding ~ond'tionsl it is the s~le


responsibility of the CAF recipie t to ident~fy and obtain
alternative acceptable jail space so that the guaranteed
USMS and INS bedspace under Artic e V will not be affected.

A. The CAP recipient muse provide sa ure housing and all the
detention $pa~e and services Qutl'ned in Article V.
Failure to do ~o may be considere a formal breach of this
agreement as outlined in paragrap B below.
B. In the event secure housing or de eneicn space and services
are not provided at the level gua anteeQ, the Assistant
Director for Prisoner Services Di ision may determine that
a breach. exists. Howe.ver, be:!!ore determining whether or
not a formal breaeh of this agree ent has occurred, the
USMS w:Lll:

1. Issue a letter of inquiry vi registered mail


the ~o
CAP recipient who will respo d within chirtydays (30)
of receipt, in writing, to t e Assistant Director for
Prisoner Services DiviSion, isting the reasons for
not providing the agreed upo detention space and
services.
:2. Upon receipt of the written esponse, the Assistant
Direotor for Prisoner Servic ~ Division will d~termine
if the reasons for nonperfo ance (i.e., t~c~lity
fire J natura~ di~ase~r, ~nma e rioe, etc.) a~e
acceptable and may initiate ormal negotiations ~o
resolVe noncomplian~e throug revision of the terms of
the agreement.
3. If resolution cannot be reac ed, then a formal breach
of agreement notice will be seued and sent CO the CAP
rec~pi8nt v~~ regiscered mai .

c. If the USMS issues a written e of brea<:!h of agreement J

the CAP rec1p~ent shall:

~o
1. R( :XJ.ct all CAl? funds provide cJ.der the cocperati ve
ag~eernent within thirty (3D) ~~ys after receiving the
written formal breach of ~oo erative agreement notice
issued by the USMS.
2. ~I any CAP funds have been d'sbursed to'the CAP
re~ip.ient, reimbur.l5em~nt. wil include full repayment
plus inter~5t retroactively omputed ~o th~ date of
receipt of the first CAP pa ene. Interest will be
calculated at the prevailing int.erest rate at the time
ot breaeh.
3. The recipient shall also rei burse the USMS for ~ll
costs a~sociated with the Ie ocationof feQeral
prisone~s to another facilit , including all jail
~osts over and above th~ per diem rate paid that would
have been paid to the recip1 nt for the en~ire period
of performa.nce.
p. The provisions of this Article wi 1 be ~nforoed by the USMS
only after a violation of the pro isions for guaranteed
space have been established, and egotiations between the
USMS, INS and th~ re~ipient have ot re~ulted in an
aceeptable reso~ution to the. U'SMS and a written notice of
breach of agreement ha~ been issu d by ~he ~sistant
Director for Prisoner Services Di ision and ~eceived by the
reci.pient.

CAP ADMINISTRAtIVE IU!:Qt:T.:r~S

A. (1poI1 ejoCecution of t.his agreement, the USMS shall provide


wl:-it:;t.e.n administrative packages t the CAP recipient, INS
and the u.s. Marshal.
E. CAP Recipient
l. The CAP recip~~nt is respons'ble for submitting,
through the u.s. M~rshal to 5MB Headquarters,
~risoner Services Division, qua~terly progress
report whether or not work h s begun. 'I'he quarterly
report must be rient to the US. Marshal no laoter than
five (S) working days after he close of each quarter
uncil a.ll work has been comp eteci.
2. Failure to submit quarterly rogress reports or comply
with CAP adm~ni5ti~tive proc dure~ may be interpreted
as noncompliance with this a eemen~ and subject to
t~rms and eonditions of Arti le X of this agreement.

3. A final CAP close-out report shall be submitted by the


rec:ip.ient at the completion f all projects and after,
final payment has been recei ed. This report inc:ludes
t: date (s) of completion, Q I:.IS} of activai:.icn, and
final oosts. This elose-out report: must. be slibmie.eed
no lace: than ninety (~O) da}s after compl~tion of the
projeot(s}, but preferably a~ soon as the final
payment has been received.
4. All recip1ents receiving dir ct awaros from the USMS
are ~esPQns1ble for the mana ement and fiscal control
of all funds. Responsibilit'es include the accounting
of reoeipts and expenditures cash management, the
maintaining of adequat;e fin cia~ records, and the
re~~nding of expenditureQ di allowed by auQit~.

s. Where t:he project or one of 'ts components is


delegated to a contractor or other state or local
organization, the ~ecipient 's nevertheless
responsihle for all aspects f the program, including
~roper accounting and £inatt~ al record-keeping by the
sub-recipient or contractor. The~e responsibilities
include =
(a) Reviewing Financial Ope ations: ReCipients must
be familiar with, and p riodically.monitor, the
reoipient's and contrac or's financial
operat~one, records. 5y tern, and procedu:C~5.
Particular attention is to be directed to the
maintenance of current inancial data.
(b) Recording Financial Act vities: The recipient's
award or contractor's 0 ligation, as well as ca~h
a~vance5 and other tina cial activities, shall be
recorded in Che books 0 the reci~ient in summary
form. Recipient/contra tor expenditures shall be
recorded on the books 0 the recipient, or
evidenced by report fo duly filed by the sub-
recipient/contractor. on-Federal contributions
applied to programs OJ;'. 'roj eot:s by sub- recipient s
must likewise be :;;-ecord d, as would any program
inoome resulting ~rom p ogram operations.
Program income means gr ss income earned by the
recipient/sub-recipient during the funding period
as a direct result of t e CAP awa~d. Dir~ct
result is defined as a pe~ific act or set of
activities that are Q:.ir cel.y attr.ibutable to the
CAP funds and which are directly related to the
goals ~nd obje6~ives of the project.
Determi:c.atio:os of "dire t resu~tn will be made by
the USMS. Reaip~ents W 0 anticipate receiving
income as a result of t e award of CAP funds must
disclose this informat~ to th~ USMS a~ the time
of award.

12
Budgeting and Budget Roe V~ ~he recipient shall
ensure that each sub-J;"e ipient/contraeeo~ prepare
an adaquate budget on w ich its awarctcomm~tment
will be based. The det i1 of each project budget
shall be maintained on ile by the sub-recipienc
or contractor.
Cd) Acoounting for Non-Pede al Contributions:
Recipients will ensure, in those instances whore
recipients a~e requLred ~o fUrnish non-Federal
mat~hing shares, that t e reauirements.
limitations 1 and regulaions -pertinent to non-
Feaeral contributions a e applied.
eel Audit Requirements: Re ipient5 are required to
ensure that sub~recipie ts/contracto~Bhave met
all necessary audit re irements as set forth in
Article VI.
( f) Reporting Irregularitie Recipients and their
sub-recipients/contract r~ are responsible for
promptly notifying tbe eCipient and the USMS of
any illegal acts or irr gularities and of
proposed anQ actual act ons, if any. Illegal
aces and irregularities include such matters as
conflicts of interes~, alsification of .eco~ds
or reports, and misappr priation of funds or
othe:e- assets.

G. In accordance with 28 CFR Pa 66 or OMS Circular A-


~lO, all financial records, upporting doeuments,
statistical records, and oth r records pertinent to
contracts or sub-awards a~ar ed with CAP funds ,shall
be rEtained by each organiza ion participating in the
p~ogram or project for at le st 3 years for purposes
of Federal examination and a dit. .
The 3 -year retention period et forth in the
previous paragraph, starts f om the dat~
following completion of all rojects and the
final payment. If any litig tioo; clairn l
negotiation, audit, or o~he action involving the
~eeords has been started ~e .e the expiration of
th~ 3-year period, the reco s must be retained
until completion of the act' n and resolut:ion of
all issues which arise from it or un~~l the end
of the regular 3-yaar pario ( whichever is later.
7. Ae(!eeSto Records; The USM and the Comptroller
Gener~l of the United state , or any of their
author1zed representatives, ~ha~l have the right of
acce~s to any pertinent boo s; documents, p~per8, or
other reeords of reeipients or its sUb-
recipients/contractors, whi h are pertinent to the

1.3
a ~Q, in order to make audit e;x;am:inati.ons,
excerpts, and transcripts. ~e rights of aecess must
not be limited to the requir ~ retention period, but
shall last as long as th~ re ords are retained.
s. Delinquent debt collection: he USMS will hold
recipient aecountahle for an over~ayment, audit
disallowance, or any ~raaeh thi~ agreement that
results in a debt owed to th Federa~ Government. The
OSMS agency shall apply inte at( ~enalties, and
admini~tra~ive costs to a del'nquent dsb~ o~ad by a
debto: pursuant to the Fede Claims Collection
Standards.
c, u . S, Ma.rsnal
1. A written monthly progress ~e o~t must be completed,
reviewed, and signed by the .S. Marshal. The report
must be submitted to USMS Rea quarters, ~ris¢ner
Servi~es Division, on the fif h workday of the month
after .eceipt of the administ ative package. A
progress report ~5 required e an if actual site work
hi!ts :q.ot yet begun.

2. Onc~ all work has been cornple ed, the U.S. Marshal is
required to immediately perfa an on-site elose-out
inSlrlection.
3. Wh~n the re~est for final p e n t is made. it must be
accompa.nied by the CAP elose- ut report from the
U. S. Marshal.

ARTICLE xrr

Personnel and other officials conn~~ted wit the ag~e~ment shall


adhere to the requi~ements given below~
Advice. No offi~ial or employee f the recipient, a sub-
Yeeipient, or a contraotor shall arcicipate personally
th~Qugh decisions. approval, oisa royal, recommendation,
the renderLng of advice. inves~i9 tion J or otherwise in any
proceeding, application, request or a ruling, or other
determination, contract. grant, c operative agreement,
claim, controversy, or other part cular matter in which
Department of .:rusti~e funds are u ~d, where to his/her
knowledge I he/she or ~s/her imme ia,1;e fatnily, partners,
organization Qthe~ than a public gency :i..n 'Which he/she is
gerv~ng as an officer, director. rustee, partner, or
employee cr any person or organi.z t.1on wi.th whom hoe/she is
nego~iating O~ has any arrangemen conce~ing prospeccive
employment, has a financi~l inter :J:t:~ or less than an arms-
length eransacticn.

14
(2) Appeal: =e. In the use of Depart' 1t of Justice projec;:t
funds. officials or etnp~oyees of ~.Le recipient, a sub-
recipient or a contractor, shall void any action which
might result in, or create the ap earance of:
(at using his or har official po icion for private
gain;
(b) giving preferential treat men to any person;
(c) losing complete independence or·impartialitYi
(d) making an offioial decis£on utside off~c~al channels;
or
(e) affecting adversely the conf of the publi~ in
the integrity of the Governm the program.

1.5
OSMS COOPERA'l'J:VE AGRE~ - CBEDULE A
~GREEMENT NO. O~-SO-O

The recipient hereby assures and carti£i.s e mplianoe with OMS


C~rc~ars A-a?, Revised A-102 (28 CFR, Part 66), and A-l~3 as they
relate to the prOject, ana the fo1low~ng re lations, pol~~1QS,
gu~delines, and requirements:

The rec~p~ent cQrtifies that;


1. It possesses legal authority the grant, that a
reso~ution, mot10n or similar aotion ha been duly adopted or
pas~Bd as ~ of£ieial aet o£ the applic trs gov~~ning body
author1zing the tiling of the applicati , ~Q the ~endering of
all understandings and assu~ances oonta ad therein; and that
the person identified as the official r r~sentat~ve o£ the
app~~cant ia authorized and directed to act in connection with
the application and to prov~a8 such add tiona~ information as
ms2'" :be raqu:l.red..
2. It will comply with Title VI of tha C~V 1 ~1ghts Act of 1964 (42
u.S.C. 2000d), and in acoordance with t at Act l ensure that no
person ~n tbe Un~ted states shall, on t 61 ground o-.f race I color,
or nQtiona~ or~gin, be excluded £rom pa ticipat~on ~n, be denied
the benef~ts o£, or be otherwise subjec ed to discr~inat~on
under any program or act~v~ty for which the applieant receives
federal f~nancial assistance and will ediat.ly take any
measures necessary to @XQcute this agre ent.
It wi~1 comply with Title VI o£ the C~V 1 Rights Aot o:t 1964 (42
U _·5. C. 2000d-3).I prohibi t:,ing emp1o:YD1ant 4~scriminat~on where (1)
the primary p~pose O~ a gran~ is ~o pr vide employment or (2)
di5cr~inatory employment practices w~l re$u~t in unequal
. treatment of persons who are or should bene£iting ~rom the
grant-aided aetivity.
4. It wil~ comply with requi~ements of Tit e I I and T~t1e III of
the Uniform Relocation Ass~stancQ and R al property ACquisitions
Act or 1970 {Public Law No. 91-646, 84 tat. ~a94, as ~ded),
whieh'prov~des for fair and equitablet eatment of persons
disp~aceQ as a re$u~t of federal and fe erally ass!lsted
programs.
5. It .,.:L~~ comply w~th the proV'illtions of t e Ratch Act which J..i.m.it
th~ pol~t~c~ ~ctiv~ty of emp~oyeGs.

6. rt wi~~ oomp~y with the minimum wage maximum. hours


prov~s:Lon~ of the FQQ~ra~ Fai~ Labor st ndards Aot, as they
app~y to hoap~tal and educationa~ inst~ Qtion employees of state
and ~oca~ governmQUtsc

16
It wil~ estab~1sh sa£eguard$ to pro~b~ ftmp10yees from us~ng
their positions for a purpose that 1s 0 g~vesthe appearance o£
being moti~ated by a desire for private gain for them~el~es or
others~ particular~y those that havQ f ily, businesses, or
other ties.
8. It will give the gr~ntor agency or the cmptroller General,
through any authcr1~ea representative, ccess to and the right
to examine all records, books, papers, r Qocuments +alated to
the grant.
9. It will comply with 28 CFR, Part 66, A in~stra~ive Requirement
for Grants and Cooperative Agreements t state and Local
Governments oonOl'!rning requirements of aw, program
requirements, ~nd other administrative &qu.1.rements.
10. It wil1 comply with the audit provisio of OMB C~rcular A-l33
(A.udits of State and LQca~ Governments) and QopJ.es of each
annual aUQit report shal~ be submitted o the appropriate
cognizant agency and the Department of ust~ce Regiona~ A~dit
Off~ca. The reports are to cover the p riod £rom init~a~ a~ard
o£ the oooperative agreement until all he work authorized in
Sohedul~ B is oomp~ated ana raimbursem t from the USMS ~s
received.

11. It will ensure that ~ha facilities unde its o~er~h~p, lease or
supervis~on which shall be ~ti2ized in he accolllp~;i.shment of the
project are not l~ste~ on the Environme tal Protection Agency's
(EPA) list of vio1ating,£ao~~itias and hat i t wi11 notify the
federal grantor agency of the receipt 0 any commYn~cat~on from
the Director o£ the EPA Office of Feder 1 Activities indicating
that a faci~ity to be used ih the prcje t 1S under considerat~on
for li3t~ng Qy th~ EPA.
l2.' I~ will comply with the flood insurance purchase ,requirements of
Section 102(a) of the Flood Disaster Pr tacti.on Act of 1.973
{Public Law No. 93-234, 87 Stat. 975, a amended). Seotion
102 ( a) requires the purchase o:f £~ood i. suranoe .in oommuni. ties
where such ~nsuranca is ava~lablQ as a ondi.tion £or the receipt
of any federal £inanc~al assistance for construotion or
acquisi. tion purposes ;for use i.n any &rill tha t ha.!ll been
idantif~ed by the Secr~ta~ of the Dspa tment of Housi~g and
Urhan Developm~nt as an area having spe ial fLood hazards. For
purposes of the Act, the phrase "Fedara P'iha.noia~ .A1il1iI.i.$tanoliil
TI

incLudes any £orm o£-lcan; g~ant; guar ty ~ insurance payment,


rebate, subs.tdy, disaster ass.istance 10 or grant, or any other
form of direct or ind~rect federal assi tance.
13. It wil~ assist the £eQara~ grantor agen in its compliance w~th
Sec~ion 106 of the NatLonal HistoricPr ervation Aot of 1966,
as amended (16 u.s.c. 470), Exe¢ut~ve 0 der 11593, and the
Archeo~ag1ca~ and ~sto~~Q PrQsQrva~ion Act of 1966 (16 U.S,c.

17
469a-l at seqw) by (~) oonsulting with he State H~s~or1c
P~eservation O££1cer on the conduct o£ nvesti9at~ons, as
n~cessary~ to identify pr~pe~i.a 1istQ in o~ aligible £or
~nc1usion ~n ~he Na~~onal Regi~ter of H sto~~c P~aces that are
subject to adverse e£fects (s~e 36 CFR ~t 800.0) hy the
activity, and notifying the federal gra tor agency of the
exi.,stBncliI o£ any such properties,
and b (b) comp1ying with all
requ~rement$ establisbed by the federal grantor agenoy to avoid
or mitigate adverse e££ects upon such p op~rtiQSt.

14. It will comply wi~h re~at~ons at 2S C R, Part 67, implementing


Executive Order 12549, Deb~ent ~nd Su pension. Prospective
partic~pant$ w~ll submit certification egarding debarment l

suspens~onr and other responsibility rna ters ~n aocordanoe w~th


regulations.
15. It will eomply w~th 31 U.S.C. 1352, ent tIed "LiJllitati.on on Use
of App~opriated Funds to In£~uence C~t ~n Federal Contract~ng
and Financial Trans~otionS,n anQ p.~d Certification Regarding
Lobbying and a Disclosure o£ Lobbying A tivities Form, SF-LtL,
if applioahle, for awards or
$100,000 0 ~ore.

16. It ~ill comp~y w!th the Drug-Free Workp aoe Act o:t 1988
re~a~ed at 28 CFR, Part 67, SUbpar~ F and certify that 1. t
mainta~ns a drug-£ree workplace in acco dance w:1th the
r(llgulations.
1i. It will comply with Executive Ordar 126 9, Seismic Safety of
Federal and Federa21y A~sisted or Regul ted New Building
Construotion, &na the Earthquake Hazard ~eduction Program Act of
1977 1 ~~ amended. In aceordanca with e National. Ins~itute of
Statld,lil:;;-ds and Technology (NIST) IR 4852 Interagency comm~ttee
on Seismic Sa£ety in Construction (LeSS ) RP 2.1-A, Guiae~Lnes
and Procedures for Imp~ementation Of t E~eoutLve Order on
sQismic Safety ot New Building Const~c ~cn, i t wi11 ccmpl.y with
the followtng 1991 International Confev nee of Bui~d~hgs
Off'iei.al.s (LeaO) Uni:form t3ui~ding Codes its seismic des~gn
standard for new design and constructio
(1) 1991 tOEO Uniform Building Code~

(2) 15192 Supplement to the Ell.lilcUng Of .ie.ials and COQ~


Administrators caOCA) NatiOnal. Bui ding CodQ; and
(3) 1992 Amendment~ to the southern ~ding Code Congress
( SSCC) Standard Euilding Cod.9.

1.8
a WlU. , .u I!O IS
COOPBBATIVE AGREEMENT PTIJI"N

AGRBEMENT NO. 02-50-02 GOV'l'. UNIT. Hudson CrllJnty FACILITY Hndso n CQun;;; Correctional Center . •

ESTIMATED DATE ""ESTIMATBD DA'1E *BS'l'IfomTBO DATE


OF PROJECT{S) COMPLETION ].lJ ,l[}3 BEDS AV1\I~LB ],ll ,lO3 BEDS EXPIRE J.lJ t18 .

PROJKCT NUMBER PROJECT DESCRIPTION TTL. FUNDING CEILING


(USMS $2,333,340
INS $4.1 666 ,660)

002-50-02 FP ExpanSion and renovation of existing detent~on center. $7,000,000.00


1iECIPl .T OUARTERLY CAP :~::.JS ~

N$TRUCTION$: ! t is the respen9.ib1~ity of tbe recipient £acil.:i.ty to pr-apare a CAP


':regress report quarterJ.y :for ths projects:( s) she wn below which have' OQ..rl
.uthorized in the CAP agreement. '3:he CAP Reo.ipient 91: ouldmeke addi tionaJ. copies
r£ the report for futl,Jr~ quarterly submission. Ix ~dM tional. spac::e is needed,
hi.s report can be continued on pla~n white .bolld paper. The compl.ete rQPort
hou~d then be suomi tted to the ~ocal u. s. Marshal wh( wi.~l rev.i.ew and :forward i. t
o the USMS HQadc;zuarters. If you ha.ve any questions c r need ac.d.i t.t.onal guida.nce,
lease contaot the CAP Proqram Adm.t.n.:i.strat'or en (20 ~) 307-5100. .

• Faci~ity Name: Hudson Qgunty 3ai~ 2. USMS CAP A~reement No.: 02-50~02

~. CAP Project Number Description Funding Ceil2ng


002-50-02 PP Cons'b;uctj,on of exj,sting USMS $2.3:33,340.00 and
detention center INS $4,666,~60

l'rotal $7,000,000.00
Work Start Date: __~7~/~1~/Q~J....................______ 5. Estima~eo Complet~en Date: 7/1/03
Funding status:

FunQs Approved Funds Obligated to Data Balance Remaining

USMS/ .INS $1,000,000.00


Funds
Total (a+b)

Latest estimate o~ tota2 cost $ _ (If the cost estirnatQ differs


lm the funds appr~d 1.n. .1 tam 6 above, plea.se provide wxi tten jUlit.if.t.oation as
.1. as an explanati.on o:f how the add,:!, tional funrJ$ ;r ~quired will. be obtained. )

Progress to Date __________________.....______________~...................................---------------

Problems Noted (i.e., need for modifioat~ons, dG~ays antiodpatad, Qte.)

(name o£ 1oca2 gov~ent o~t1~~~1 and ti.tle)


Sl:GNATtJRE: CATl'!::

R£VJ:iiWED ,BY;
u .. S. Ma%shal.
County ofHudscm
595 Newark Avenue
Jcrsq City, New lasty 07306

Modification No. 02
ACB-5-\-OOO1

. This modification nombcr02 to !he Inte:govcmm=al Servia: Agrr:c:meDtACB-S-I-OOOI


_ tIJc following c:!uJDge.s:

ARTICLE n - COVERED SERVIcrS

Add: ~ph2 .
2. The O:mIXlilXOl: will provide &nard 1raDspartation servi= to and ficm vadoas
locatioo.s "''''luDod by tbolNS orU's.MmbaIs "tbohoIlTIYrali: at W.76:md
mileage .,$.325 pertDi1e. (.....hdlfwUSM only)

Add:
'!be biIIlDg add=s aod POCfwthe folli>wiJ>g USMDi.1rirt'

Easrem Distciet O!PCiltlS)'lnnia


u.s. M:m;h.. Is Servia:
2110 U.s. CoortbQnsc
601 Mad:<t Street
PIliIodclphia. PA 1~106
PCC: Ger.dd hilIey. Doputy U.s. M=bal
Pb_: (215) b6

u.s. Department of Justice


l:m:mi;grariOD &. NamraJizaticn Savice
GUAl2..t?o;jy,.NsmRTATIoNSgsmrES TO QaMi'@I~OUSP:

I_ The.Local Govan"..."" ~ up:in ~t of1hc. OSM ip ....h~ CUSlDdy a pdsDnc:r ~


held. m pawidc a iUJSPCttation ami. ~ gu.ard s~ tor fedtlal :pn$Otlcrs housal ~ tbcu-
faQUty ~ 20d f%pm the: U.s. cOJittbg~ The Lx:aI Gov!:rDmetlt 2gtC1:S rb th= folloW11'1g::
.
it- T~QJl _ ~ g'tWcI 5Q'Vi=s will be performed by at least two (2)
amu:d' q1llIlified ofJil;::rs employed by the Local Govemment under their policies.
~. aDd pt:aaig::s, .aDd will imgrn=:l( such pnactio;s as may b=, ~ by
the USM 10 enbanc:= sp=;:j:fic; ~~cnJ:O fer~. prisoner mororcring. and
CQiltr.!Domd c.cmt:n:d;

b. Upon 3tlivaI at ~ 1:D'LU.'tbctl5r; tr&D.5~OD at)d ~ guard. willllU1l ~


pxis:cpc:n oYU raD(;pUtY U.S. Marshals onll~~Wlcm by the ~ of
pttlpc:r Ja'¥ enfo~~ aedentia.ls;
, ,

c. 'I'M.L..oc:al Go~ trill rIOt tnIllSport f~ pri$Q~ to any U.s. ~


witbcur a. sprclfic n:qncst ficm 1hc. USM ,...ho will provide the priSDner" oS n:a:m.e.
~ U.s. ~ 'I!1ld. the aar= The prisoru::r is to be ~

2. E:iu::h pri~er w.ill be ~ in hmldc!ltfs. waist ~~~! ~lcg irons dUring


~tian-

3. ~b sqvja::s will be performed b)lliUali&d: l.:lw £n!~nt :~r c:om:c.tiQQal. offi=r


~=I cm.p1Q~ b1 the l.Dcal Ga~t:UTld.T1:beir;p~~ No.::edurcs, and prnetk:cs.
. The I...caJ. GoVemmeDr.agn::cs to aIl~C sw::b p~~ at: may be ~ by the USM to
enbll'.ll£:e ~ifi& n=q~ts fot scx:arity. :pIisoac:- maniIl?ring. "j;Si.?rion. and ccmtr.abatIl:i '
ccnJn)l

4. Th.eLc.:al ~ 'OriD contill~ to be: liClhlc for the ~~~t itS c:mploy=:s w.w1e they
arc uansporting- feder.d pO$oncrs on beIWf of me USMS. Pu.rthL':<t'. the L:x:al Go\lemtDl:::nt will
also continue to ~ w~' ~tioll m its" employees- ,while th=y are providing this
seM&:e..lt is fartbe:r a~ mat the JoW.jaiI c:mployc;::s ~ ~~, Us ~ on bc:b;df'of the
Local Govemrnettt in -pro~ ~ll to ~PIjs~D.~ CQ"bchalf ~ USMS.' of
S_ ~ the LQc:.tJ Go...-emment ~ to hDld hannlt!iS!1. and it:ldel:nnify the USMS aDd
its officials in their ofik.i;d aqd hltdividual cap&citir;s from ~y 1i~~> inclurlilig third-party
IUtbillt), worke::ts" CO~O.D.. ari$g from the CDndu.c;t -#Ihc l~ jail cm:ploy=s durin: the
COUtSe of'traDspottin,g ~ pri:;aDI!'# aa behi!.f of the U~MS. . ,:
, ,

6, 1be Fcdc:nU Gc1lClTlment ~ ro reimburse rhc l.ooll}:iovenpicent ar lhe me $~ CD


, page one (l) CJf.rb.i$ a~t.
County of Hudson
595 Newark Avenue
Jersey City, New Jersey 07306

Modification No. 01
ACB-5-I-OOOI

This modification number 01 to the Intergovernmental Service


Agreement ACB-S-I-OOOl makes' the following changes:

The U.S. Marshals Service is hereby included as a user agency


within this Agreement for the housing and subsistence of federal
prisoners. Invoices shall be submitted through the local
Marshals office for certification and processing of payment for
services rendered.

The billing address and poe for each District is as follows:

Southern District of New York


u.s. Marshals Service
U.S. Courthouse
500 Pearl Street, Suite 400
New York, New York 10007
poe: SDUSM b6,b7c
Phone: 21; b6,b7c
Facility Code: 3YU

Eastern District of New York


U.S. Marshals Service
G-80 U.S. Courthouse
225 Cadman Plaza East
Brooklyn, New York 11201-1818
poe: SDUSM b6,b7c
Phone: 718 - b6,b7c
Facility Code: 3YU

District of New Jersey


U.S. Marshals Service
50 Wa.lnut Street
Newark, New lj~r~F!V n71 n?
poe: SDUSM b6,b7c
Phone: 973 · b6 b7c
Facility Code: '3YU
U.S. Department of Justice
Immigration & Naturalization Service

~~~j~
RQ;:: E. Fr~au, Date
Contracting Officer

County of HUQson, New Jersey

Date
ORDER FOR SUPPLIES OR SERVICES I PAGE
Or PAGES 2
. IMPoRTANT: MarK all package$ and paporS with contract and/or order numbers. I 1
1. DATE OF ORDER 2. CONTRACT NO .. (If any) 6. SHIP TO:
. ACB-5:"I-OOOl a. NAME OF CONSIGNEE
02110/2009
3. ORDER NO. 14.REQUtSITIONIREFERENCE NO.
192109FNY31120030 ICE Detention & Removal
HSCEDM-09-F-IG073
S. ISSUING OFFICE (Address co"".pon~tICe to) b. STREET AODRESS
ICE/Detent Mngt/Detent Contracts - DC Immigration a nd Customs Enforcement
. Immigration and Customs Enforcement 801 I street, NW
Office of Acquisition Management Suite 900
801 I Street NW, Suite 930
Washington DC 20536 Co CITY
Washington
IDC d. STATE j: e: ZIP CODE
20536
7. TO: f.SHIP VIA
s. NAME OF CONTRACTOR
COUNTY OF HUDSON II. TYPE OF ORDER
b. COMPANY NAME
Da PURCHAsE IKl b. DELIVERY
c. STREET ADDRESS REFERENCE YOUR:
Except fer billing instructions on Ihe
595 NEWARK AVENUE ,eversa, Ihis dolivery order is subject
10 Instructions oonlailed on this sldB
only of this fonn and is Issued
Please furnish the follOwin~ on the llIIm. subject 10 lhe terms and conditions
and conditions specified on bolh sides of of the abovo..,umballld c:ootract.
this o<der and on the attached sheel, ~ any,
d. CITY r · STATE Jf.ZlPCODE . Inclucfll1g delivery as indicaled.
JERSEY CITY NJ 073062394
9. ACCOUNTING AND APPROPRIATION DATA - 10. RECUISITIONING OFFICE
See Schedule ICE Detention & Removal
11. BUSINESS CLASSIFICATION (Checl< appropriate box(es» 12. F.O.B. POINT
D a. SMAll o b. OTHER THAN SMAll D c. DISADVANTAGED o g.SERVICE-
DISABLED
Destination
o d. ....oMEN-OWNED De. HU8Zone Of.EMERGING SMAll VETERAN-
BUSINESS OWNED

I
13. PLACE OF 14. GOVERNMENT 81l NO. 15. DEUVER TO F.O.B. POINT 16. DISCOUNTTERMS
ON OR BEFORE (Date)
' . INSPECTION b. ACCEPTANCE 30 Days After Award
Destination Destination
17. SCHEDULE (Sse ",verse for Rejfictions)

QUANTITY UNIT QUANTITY


·lTEMNO. SUPPUES OR SERVICES ORDERED UNIT PRICE AMOUNT ACCEPTED
(a) (e) (e) (d) (e) (I) (g)

DUNS Number: 199734448


Field poc: Christopher Shanahan,
212 · b6
program POC: Natilie Ross, 202· b6
Contractincr Officer: Jerald Neveleff,
b6
...
202-
Continued

1B. SHIPPING POINT 119. GROSS SHIPPING WEIGHT . 20. INVOICE NO. 17(h)
TOTAL
(ConI.
pages)
21. MAil INVOICE TO:
'a NAME DHS, ICE $600,000.00 ~
SEE SIt1JN(J
INSmUCTIONS b.STREET ADDRESS Burlington Finance Center
ONRCYERSE
(or P.O. Box) P.O. Box 1620 17(0
Attn: ICE-DRO-FOD- FNY GRAND.
TOTAL

$600,000.00 .~
.c.CITY
Williston ...... r's:r TE 8. ZI.PCODE
05495-1&20

~. ""~
BY
"'''' '" """"'"~ ~I -'f' J>,
(Signatura) '1_ .~
23. NAME (TypeQ)

Stephanie Baker
TtnE: CONTRACTING/ORDERING OFFICER
AUlliORlleD FOR lOCAl. REPRODUcTION OPTlONAL FORM 347,Rw. ~
PREVIOUS EDITION NOT USABLE Pres.crib&dby GSAlPARA&CS:R!Sl.2I3(e)
ORDER FOR SUPPLIES OR SERVICES
SCHEDULE - CONTINUATION
IMpORTANt: Mark anpact<ages and papers with oontrac! and/or order num~.
DATE OF ORDER · ICOf'ITRACTNO.
02/10/2009 IACB-5-I-0001
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT
10RDERNO.
HSCEDM-09-F-IG073
AMOUNT QUANTlTY
ACCEPTED
ORDERED PRICE
(A) (6) (C) (D) (E) (F) (G)

Contractinq Specialist: Gervonna Crump,


202- b6

This task order is isued against IGSA


DROI.GSA-OB:-0026 for the care and detention
of adUl:t · male/female ~CE detainees.
Previous task order nUmber
HSCEDM-08-F-IG051.
Accountinq tnfo:
b2Low
--- HUDSON

0001 QUARTER 1 & 2 MANDAY ESTIMATE OF 32 6666.66666 EA 90.00 600,000.00


BEDS @ $90.

Funds are provided October I, 200.8


through March 31, 2009

The total amount of award: $600,000.00. The


obligation for this award is shown in .box
17.(i).

TOTAl CARRIED FORWARD TO 1ST PAGE (iTEM 17(H»


NSN 7~o.o1-1S2·B<lB2
50)..48..':01 . OPT1ONALFORMml~._'
"'-'b..... OSA
PAR (411 CfR) S~2'3(o)
r' J 1
r'
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
CONTRACT 10 CODE PA:E PAGES 4

2. AMENDMENTIMOOIFICATION NO. 3. EFFECTIVE DATE: 4. REOUISITIONJPURCHASE REO. NO. PROJECT NO. (l/appliqab/&)
.
pooooS
NONEOOO~OOO
:~ee Block' 16C
6. ISSUED BY ICE CODE 7. ADMINISTERED 6Y (lfoth8r th8l1ltom 6) CODE IrcE
U.8. Dept. Of Homeland Security U.S. Dept. Of Homeland Security
Immigration and Customs Enforcement Immigration and Customs Enforcement
425 I Street, NW 425 I Street, NW
Rm 2208 Rm 2208
Washington DC 20536 washington DC 20536

S. NAME AND ADORESS OF CONTRACTOR (No.. .".." COUIlIy. S/a.. andZJPCOdoj 9A. AMENDMENT OF SOLICITATION NO.
.!&
COUNTY OF HUDSON
9B. DATED (SEE ITEM 11)
595 N:EWARK AVENUE
JERSEY C1T~. NJ 073062394
lOA. MOOIFICATION OF CONTRACT/ORDER NO.
x ACB-5-I-OOOl

10B.DATED (SEE ITEM 11)

CODE FACIUTY CODE 04/23/2007


1997344480000
11. THIS ITEM ONLY.APPUES TO AMENDMENTS Of SOUCITATIONS
:; The abovG ooml;>ered soIIdIa!lon is amended as ...1 forth in Item 14. The hour and datupecifJedfor rooeiptofOtfelS .:::lIs extended. . Cisflot oXUinded.
Offers must ~e receipt of this amendment prior lu the hour and dale specified In /he soIldtaPon '" as amended. by one 01 the following methods: Cal By completing
items 8 and 15. and retumlng ooples of the amendment (b) By adcnowledglng receipt of1!ils amendmenl on each copy of Ih<I offer submitted; or (e) By
separate leiter or teIagIam which iocIIJdes a rele"",CE! 10 tI1e soUCilaIIon and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECENED AT'
THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. Wby
virtue of this amendmanl you dasim to change an offer already sobmlttod. such chango may be made by IeJegnun or kilter. provided each telegram or letier makes
ref....""" to tile soliMan and thi! 91!l9!1dmenl. and is ("",,/\red pmr 19 th4 !!!!<!jl!n9 hour W'" dgte sped!ied.
f2-ACCOUNTING AND APPROPRIATION PArA (IftGq<llrGd) . Ne t Increase: $3,500',000.00
See Schedule
13. lHS ITa! ONLY APPUES TO MODlFlCAnON OF CONTRACTS/ORDERS. rr MODIFIES THE CONTRACTIOROER NO. AS DESCRIBEri IN ITEM 14.

A. ~~8~~~~ \t~~Efr: ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN lTEM 14 ARE MADE IN rHE CONTRACT

B. THE ABOVE NUMBERED C:ONTRACTIORDER IS MODIFIED TO REFlECT THE ADMINISTRATIVE CHANGES (such as changos in paying "'""",
approptIaIJon date, etc.) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAl AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

O. OTHER (Specify type of modification and aulharlty)


X Mutual Aqreement of Both Pa~ties
·E.lfoIIPORTANTl Contractor • :Ji!not. 'X; Is required to sign !fils d~men! and ralum 1 oopie$to thalS$uing office.
14. DESCRIPTION OF Mli;NOMENTIMODIFICATION (OrgMizrxl by UCF _ n hOading$, including $O/IcII;JVonIcooiTBet subjoct rrntlter wi1er& foas/ble.)
Tax 10 Number: 22-6002443
DUNS Number: 199734448
The purpose of this modification is to hereby increase the detainee day rate by $13 from
$77 to $90 per day and hourly guard rate by $11.24 from $23.76 to $35.

2. Full funding is provided for the these FY07 rate increases in the amount of
$3,500,000.00.

3. The total' amount of funding obligated under this IGSA Agreement, ACB-5-I-0001, is
$10,273,712.00.

Continued ..•

15C. DATE SIGNED 16C. DATE SIGNED

02/24/2007
STANDARD FORM 30 (REV. lC-S3)
-_- PnMous e<liilon unusabla PrsocnWd by GSA
FAR (48 CFR) 53.243
,. REFERl:NCE NO. OF DOCUMENT BEING CONnNUED
CONTINUATION SHEET ACB-5'-I-0001/?OOOS 4
NAME OF OFFEROR OR CONTRACTOR
COUNTY OF HUDSON
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(A) (B) (C) (D) (E) (F)

4. The effective date for this modification is


February 24, . 2007.

5. The ORO Program Office POC is Vickie Taylor,


202. b6

6. The ICE Office of Acquisition Management POC


is Rachel E. Johnson, 202. b6

All terms and conditions of IGSA No. ACB-5-I-000I


remain unchanged.

Admin Office:
US' Department of Homeland Security
Immigration and Customs Enforcement
425 I Street, NW
Rm 2208
Washington, DC 20536
Discount Terms:
Net 30
Accounting Info:
b2Low
FOB: Destination
Period of Performance: 10/01/2006 to 09/3012007

000.2 Detainee & Guard Rate Increase 1 LO 3,500,000.00 3,500,000.00


Obligated Amount: $3,500,000.00

OPTIONAl. FORM 336 (4-881


SpaNOtOd by GSA
FAR t" CFRI53.11D
United States Department of Homeland Security
U.S. Immigration and Customs Enforcement
Office of Detention and Removal

Modification of Intergovernmental Service Agreement

1. Agreement Number 2. Effective as of date in block 8 3. Modification Number


ACB·5·I-0001 0005

4. Issuing Office: 5. Local Government:

County of Hudson
ICE/DRO Headquarters 567 Pavonia Avenue
425 I Street, twV Jersey City, NJ 07306
Washington, DC 20536

Contact Person: Contact Person: Abraham Antun


Phone: Phone: (201) b6
FAX: (201) 795-6520

6. Description of Modification (EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL TERMS AND CONDITIONS
OF THE AGREEMENTIDENTIFIED IN BLOCK 1 REMAIN UNCHANGED):

The purpose of this modification is to change the detainee day rate from $77 to $90 per day and
to change the hourly' guard rate from $23.76 to $35. All other terms and conditions remain
unchanged.

DHSIICE shall be responsible for reviewing and approving the costs associated with this agreement and
subsequent modifications utilizing all applicable federal procurement laws, regulations and standards in
arriving at the detainee day rate. Future rate proposals shall be prepared using the ICE JailServices
Cost Statement in accordance with the OMS Circular A-87.

DHS/ICE shall reimburse the Service Provider at the fixed detainee day rate shown above. The Parties
may adjust the rate twenty-four (24) months after the effective date of the agreement and every twelve
(12) months thereafter. The Parties shall base the cost portion of the rate adjustment on the prinCiples of
allowability and allocability as set forth in OMB Circular A-87, federal procurement laws, regUlations, and
standards in arriving at the detainee day rate. The request for adjustment shall be submitted on an ICE
Jail Services Cost Statement. If DHSJICE does not receive an official request for a detainee day rate
adjustment that is supported by an ICE Jail Services Cost Statement, the fixed detainee day rate will be
in place indefinitely.

DHSJICE reserves the right to audit the actual and/or prospective costs upon which the rate adjustment
is based. All rate adjustments are prospective. As this is a fixed rate agreement, there will be no
retroactive adjustment(s).
United States Department of Homeland Security
U.S. Immigration and Customs Enforcement
Office of Detention and Removal

Modification of Intergovernmental Service Agreement

o Local Government is not required to sign this • Local Government is required to sign this
Document. Document.

212412007 Abraham Antun, County Administrator


Date Name and Title (Type or Print)

J'lIaWk Heitz. Coatraeting Officer


Icer Signature Name and Title (Type or Print)
OFFICIAL USE ONLY SENSITIVE Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

Immigration and Customs Enforcement PREPARED BY


Office of Professional Responsibility b6,b7c

REPORT OF INVESTIGATION 2. REPORT NUMBER


HB 4200-01 (37), Special Agent Handbook 001
3. TITLE
Jail, Hudson County/Unknown/Non-Criminal Misconduct/KEARNY, HUDSON, NJ
4. FINAL RESOLUTION

5. STATUS 6. TYPE OF REPORT 7. RELATED CASES


Initial Report Allegation

8. TOPIC
Detainee at the Hudson County Jail in Kearny, NJ alleges guards have destroyed his documents.

9. SYNOPSIS
On November 18, 2008, the Joint Intake Center (JIC), Washington, D.C., received telephonic
notification reporting the alleged misconduct of Immigration and Customs Enforcement (ICE),
Contract Officers (CO) at the Hudson County Jail (HCJ) in Kearny, NJ. Detainee b6,b7c

(A b6,b7c ) claims that his legal / personal documents were recently destroyed by COs at the
HCJ. alleges that he is being tormented guards on a daily basis and that the COs joke
about throwing his documents away.

10. CASE OFFICER (Print Name & Title) 11. COMPLETION DATE 14. ORIGIN OFFICE

b6,b7c Joint Intake Specialist 19-NOV-2008 Joint Intake Center


12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER

b6,b7c JIC Supervisor 19-NOV-2008 No Phone Number


THIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY. ANY FURTHER REQUEST FOR
DISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH A
COPY OF THE DOCUMENT.
THIS DOCUMENT CONTAINS INFORMATION REGARDING CURRENT AND ON-GOING ACTIVITIES OF A SENSITIVE NATURE. IT IS FOR THE EXLUSIVE USE OF OFFICIAL U.S. GOVERNMENT
AGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMEN OF
HOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEMINATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUT
PRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR.

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000304
OFFICIAL USE ONLY SENSITIVE Page 2 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE

None

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000305
OFFICIAL USE ONLY SENSITIVE Page 3 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000306
OFFICIAL USE ONLY SENSITIVE Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

Immigration and Customs Enforcement PREPARED BY


Office of Professional Responsibility b6,b7c

REPORT OF INVESTIGATION 2. REPORT NUMBER


HB 4200-01 (37), Special Agent Handbook 001
3. TITLE
UNKNOWN, UNKNOWN/Unknown/Non-Criminal Misconduct/KEARNY, HUDSON, NJ
4. FINAL RESOLUTION

5. STATUS 6. TYPE OF REPORT 7. RELATED CASES


Initial Report Allegation

8. TOPIC
Detainee in the Hudson County Jail is allegedly experiencing numerous violations of his civil rights

9. SYNOPSIS
On January 5, 2009, the Joint Intake Center (JIC), Washington, D.C., received telephonic
notification from Detainee b6,b7c (A# b6,b7c reporting the alleged misconduct of
Immigration and Customs Enforcement (ICE), Detention and Removal Office (DRO) Employees.
b6,b7c claimed that he has been detained at the Hudson County Jail (HCJ) in Kearny, NJ for more
than ninety days and has yet to meet with his Deportation Officer. b6,b7c stated that he is
representing himself in all legal proceedings, but Contract Guards (CG) at the HJC refuse to give
him access to the facility's law library. b6,b7c reported that he is Muslim and has not been given
access to Halal meals during his incarceration.

10. CASE OFFICER (Print Name & Title) 11. COMPLETION DATE 14. ORIGIN OFFICE

b6,b7c - Joint Intake Specialist 05-JAN-2009 Joint Intake Center


12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER

b6,b7c - JIC Supervisor 07-JAN-2009 No Phone Number


THIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY. ANY FURTHER REQUEST FOR
DISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH A
COPY OF THE DOCUMENT.
THIS DOCUMENT CONTAINS INFORMATION REGARDING CURRENT AND ON-GOING ACTIVITIES OF A SENSITIVE NATURE. IT IS FOR THE EXLUSIVE USE OF OFFICIAL U.S. GOVERNMENT
AGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMEN OF
HOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEMINATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUT
PRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR.

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000307
OFFICIAL USE ONLY SENSITIVE Page 2 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE

None

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000308
OFFICIAL USE ONLY SENSITIVE Page 3 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000309
OFFICIAL USE ONLY SENSITIVE Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

Immigration and Customs Enforcement PREPARED BY


Office of Professional Responsibility b6,b7c

REPORT OF INVESTIGATION 2. REPORT NUMBER


HB 4200-01 (37), Special Agent Handbook 002
3. TITLE
SUBJECT, UKNOWN/Unknown/Civil Rights Violation/NEWARK, ESSEX, NJ
4. FINAL RESOLUTION

5. STATUS 6. TYPE OF REPORT 7. RELATED CASES


Initial Report Allegation

8. TOPIC
Inmate b6,b7c alleges he was assaulted by four ICE officers

9. SYNOPSIS
On November 28, 2007, the Joint Intake Center (JIC), Washington, DC, received informati m
U.S. Immigration and Customs Enforcement (ICE) Chief Detention Operations Supervisor b6,b7c
b6,b7c Newark, NJ regarding an allegation from inmate b6,b7c
. b6,b7c alleges
that he was assaulted by four ICE officers while being transported to University Hospital after his
arrest on November 21, 2007 prior to his admission to Hudson County.

10. CASE OFFICER (Print Name & Title) 11. COMPLETION DATE 14. ORIGIN OFFICE

b6,b7c - Joint Intake Specialist 29-NOV-2007 Joint Intake Center


12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER

b6,b7c - JIC Supervisor 07-DEC-2007 No Phone Number


THIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY. ANY FURTHER REQUEST FOR
DISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH A
COPY OF THE DOCUMENT.
THIS DOCUMENT CONTAINS INFORMATION REGARDING CURRENT AND ON-GOING ACTIVITIES OF A SENSITIVE NATURE. IT IS FOR THE EXLUSIVE USE OF OFFICIAL U.S. GOVERNMENT
AGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMEN OF
HOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEMINATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUT
PRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR.

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000291
OFFICIAL USE ONLY SENSITIVE Page 2 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 002
10. NARRATIVE

None

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000292
OFFICIAL USE ONLY SENSITIVE Page 3 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 002
None

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000293
OFFICIAL USE ONLY SENSITIVE Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

Immigration and Customs Enforcement PREPARED BY


Office of Professional Responsibility b6,b7c

REPORT OF INVESTIGATION 2. REPORT NUMBER


HB 4200-01 (37), Special Agent Handbook 001
3. TITLE
SUBJECT, UNKNOWN/Unknown/Non-Criminal Misconduct/KEARNY, HUDSON, NJ
4. FINAL RESOLUTION

5. STATUS 6. TYPE OF REPORT 7. RELATED CASES


Initial Report Other

8. TOPIC
Failure to meet detention standards at the Hudson County Jail

9. SYNOPSIS
On August 22, 2007, the Joint Intake Center (JIC), Washington D.C., received information from the
U.S. Immigration and Customs Enforcement (ICE) Office of Detention and Removal (DRO)
Detention Standards Compliance Unit regarding the Hudson County Jail in Kearny, NJ. The report
provided alleged that the Hudson County Jail (an ICE-contracted detention facility) fails to meet
National Detention Standards in the following areas: general condition of the facility, legal access
and attorney visitation, access to telephones, access to legal material/law library, medical care
offered to detainees, and access to the Detainee Handbook.

10. CASE OFFICER (Print Name & Title) 11. COMPLETION DATE 14. ORIGIN OFFICE

b6,b7c - Joint Intake Specialist 22-AUG-2007 Joint Intake Center


12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER

b6,b7c - JIC Supervisor 23-AUG-2007 No Phone Number


THIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY. ANY FURTHER REQUEST FOR
DISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH A
COPY OF THE DOCUMENT.
THIS DOCUMENT CONTAINS INFORMATION REGARDING CURRENT AND ON-GOING ACTIVITIES OF A SENSITIVE NATURE. IT IS FOR THE EXLUSIVE USE OF OFFICIAL U.S. GOVERNMENT
AGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMEN OF
HOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEMINATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUT
PRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR.

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000264
OFFICIAL USE ONLY SENSITIVE Page 2 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE

NONE

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000265
OFFICIAL USE ONLY SENSITIVE Page 3 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None

OFFICIAL USE ONLY SENSITIVE


ICE.09.2158.000266
Office ofDetention and Removal Operations

U.S. Department of Homeland Security


425 I Street, NW
Washington, DC 20536

u.s. Immigration
and Customs
Enforcement

MEMORANDUM FOR:
SEP 1 5 2008
Brian M. DeMore
Field Office Director
Los Angeles
b6, b7c
FROM: b6, b7c b6, b7c

Acting
Detention St pliance Unit

SUBJECT: Alhambra City Jail Annual Detention Review

The annual review of Alhambra City Jail in Alhambra, California, conducted on July 8-9, 2008,
has been received. A final rating of Acceptable has been assigned. No further action is required
and this review is closed.

The rating is based on the Reviewer-in-Charge (RIC) Summary Memorandum and supporting
documentation. The Field Office Director must now initiate the following actions in accordance
with the Detention Management Control Program (DMCP):

1) The Field Office Director, Detention and Removal Operations, shall notify the facility
within five business days of receipt of this memorandum. Notification shall include
copies of the Form G-324B, Detention Facility Review Form, G-324B Worksheet,
RIC Summary Memorandum, and this memorandum.

2) The Field Office shall review the Worksheet and work closely with the facility to
implement corrective actions for the line items rated as non-compliant with the standards
and are not identified as deficient in the RIC Summary Memorandum.

3) The next annual review will be scheduled on or before July 9, 2009.

Should you or your staff require any additional information regarding this matter, please contact
b6, b7c , Detention and Deportation Officer, at (202) 732- b2 high

cc: Official File


b2 high, (b)(6), (b)(7)c

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

- - _ .. _ _. .
f~~
fC~;
r~corrections
reative 6415 Calder, Suite B • Beaumont, Texas 77706
409.866.9920 • www.correctionalexperts.com
Making a Difference!

July 9,2008

MEMORANDUM FOR: James T. Hayes, Jf.


Acting Director
Office of Detention an

FROM: b6, b7c /~~ v b6, b7c

Reviewer-In-CUarge

SUBJECT: Alhambra City Jail Annual Detention Review

Creative Corrections conducted an Annual Detention Review of Alhambra City Jail on July 8-9,
2008. As noted on the ents, the team of Subject Matter Experts (SME) included
b6, b7c Security; b6, b7c , Health Services; , Environmental
b6, b7c

Health and Safety; and b6, b7c , Food Service.

A closeout meeting was conducted on July 9,2008, Lieutenant b6, b7c Alhambra Police
Department, and Jail Administrator b6, b7c that included a synopsis of the review
process.

Type of Review

This review is an Annual Detention Standard Review to determine general compliance with
established ICE National Detention Standards for facilities used for under 72 hours.

Review Summary

Alhambra City Jail is not accredited by the American Correctional Association (ACA),
National Commission on Correctional Health Care (NCCHC), or Joint Commission on
Accreditation of Healthcare Organizations (JCARO).

Standards Compliance

The following statistical information provides the results oflast year's review as well as this
current review.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)


July 9,2007 Review July 8-9, 2008 Review
Compliant 26 Compliant 27
Deficient 0 Deficient 0
At-Risk 0 At-Risk 0
Not-Applicable 2 Not-Applicable 1
Recommended Rating and Justification

It is the Reviewer-in-Charge's (RIC) recommendation that the facility receive a rating of


"Acceptable."

RIC Assurance Statement

All findings of this review have been documented on the Detention Review Worksheet and are
supported by the written documentation contained in the review file.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)


.;~

rC4r eat i v e
....~ corrections
DETENTION FACILITY INSPECTION FORM
FACILITIES USED LESS THAN 72 HOURS

A. TYPE OF FACILITY REVIEWED Basic Rates per Man-Day


o ICE Service Processing Center $72.00
o
[gJ
ICE Contract Detention Facility
ICE Intergovernmental Service Agreement
Other Charges: (If None, Indicate N/A)
, , ; [gJ NIA
Estiniated Man-days per Year
B. CURRENT INSPECTION

o
Type ofInspection
Field Office [gJ HQ Inspection G. ACCREDITATION CERTIFICATES [gJ N/A
Date[s] of Facility Review List all State or National Accreditation[s] received:
July 8-9,2008

C. PREVIOus/MoST RECENT FACILITY REVIEW H. PROBLEMS / COMPLAINTS (COPIES MUST BE ATTACHED)

o
Date[s] of Last Facility Review The Facility is under Court Order or Class Action Finding
July 9, 2007 Court Order 0 Class Action Finding
o
Previous Rating The Facility has Significant Litigation Pending
o Superior 0 Good [gJ Acceptable 0 Deficient 0 At-Risk Major Litigation 0 Life/Safety Issues
[gJ None
D NAME AND LOCATION OF FACILITY
Name I. FACILITY HISTORY
Alhambra City Jail Date Built
Address Sept. 1994
211 South First St. Date Last Remodeled or Upgraded
City, State and Zip Code 2000 - 10 beds
Alhambra, CA 91801 Date New Construction / Bed Space Added
County As above
Los Angeles Future Construction Planned
DYes [gJ No Date:
I
Name and Title of Chief Executive Officer
(Warden/OIC/Superintendent) Current Bed space Future Bed Space (# New Beds only)
b6, b7c Lieutenant 44 Number: NIA Date:
Telepho ber (Include Area Code)
626-570 b6, b7c J. TOTAL FACILITY POPULATION
Field Office 1 Sub-Office (List Office with Oversight) Total Facility Intake for Previous 12 months
Los Angeles 4498
Distance from Field Office Total ICE Man Days for Previous 12 months
8 miles 2360

.
E ICE INFORMATION K.CLASSIFICATION LEVEL (ICE SPCS AND CDFs ONLY)
. L-l L-2 L-3
Name ofInspector (Last Name, Title and Duty Station)
b6, b7c 1 RIC 1 Creative Corrections N/A .
Name of Team Member 1 Title 1 Duty Location N/A
b6, b7c 1 5MB-Security 1Creative Corrections
Name of Team Member 1 Title 1 Duty Location L. FACILITY CAPACITY
b6, b7c / SME-Food Services 1 Creative Corrections
/ .. ;F!.~?\ ,..>
Rated Operational Emer2ency
Name of Team Member 1 Title 1 Duty Location Adult Male 36 36 72
b6, b7c 1 SME-Health Services 1 Creative Corrections Adult Female 8 8 16
Name of Team Member 1 Title 1 Duty Location o Facilitv Holds Juveniles Offenders 16 and Older as Adults
b6, b7c 1 SME-Environmental Health and Safety 1
M. AVERAGE DAILY POPULATION
Creative Corrections ·~~IC=E~~--U-S-M--S--'---O-th-e-r~
Name of Team Member 1 Title 1 Duty Location
2 2 1
1 1
Adult Female 3 o 0
F. CDF/IGSA INFORMATION ONLY
N. FACILITySTAFFINGLEVEL
Contract Number Date of Contract or IGSA
Support:
12-99-0029 8/112000 b2 high ) Police Dept.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/3/07)
SIGNIFICANT INCIDENT SUMMARY WORKSHEET

In order for Creative Corrections to complete its review of your facility, you must complete the following worksheet prior to your
scheduled review dates. This worksheet must contain data for the past twelve months. We will use this worksheet in conjunction with
the ICE Detention Standards to assess your detention operations with regard to the needs ofICE and its detainee population. Failure
to complete this worksheet will result in a delay in processing this report, and may result in a reduction or removal of ICE detainees·
from your facility.

0 0 0 0
Assault:
Offenders on
0 0 0 0
Offenders! With
0 0 0 0
WithoutW
0 0 0 0
Assault:
Detainee on
0 0 0 0
Staff
0 0 0
Number of Forced Moves, inc!.
0 0 0 0
Forced Cell Moves3
0 0 0 0
Disturbances4
of Times Chemical
0 0 0 0

0 0 0 0

0 0 0 0
# Times Four/Five Point
Restraints Applied/Used
0 0 0 0
Offender / Detainee Medical
Referrals as a Result of Injuries 0 0 0 0
Sustained.
0 0 0 0
Escapes
0 0 0 0
Actual
Grievances:
0 0 0 0
# Received
# Resolved in Favor of
0 0 0 0
Offender/Detainee
Deaths Reason (V=Violent, I=I1lness,
S=Suicide, A=Attempted 0 0 0 S

0 0 0
Number
Psychiatric / Medical Referrals # Medical Cases Referred for
0 0 0 0
Outside Care
# Psychiatric Cases Referred
0 0 0 0
for Outside Care

Any attempted physical contact or physical contact that involves two or more offenders
Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties; whether it is consenting or non-consenting
Routine transportation of detainees/offenders is not considered "forced"
Any incident that involves four or more detainees/offenders, includes gang fights, organized mUltiple hunger strikes, work stoppages, hostage situations,
maj or fires, or other large scale incidents.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)


© 2007 Creative Corrections, LLC (Rev. 12/8/07
DHS/ICE DETENTION STANDARDS REVIEW SUMMARY REpORT

4. REPEAT 5. NOT .
1. ACCEPTABLE 2. DEFICIENT 3. AT-RISK
FINDING ApPLICABLE

LEGAL ACCESS
1. Visitation

4. Classification System
5. Detainee Handbook
6. Food Service
7. Funds and Personal Property
·8. Detainee Grievance Procedures
9. Issuance and Exchange of Clothing, Bedding, and Towels
Practices

14. Detention Files


15. Disciplinary Policy
16. Emergency Plans
17. Environmental Health and Safety
18. Hold Rooms in Detention Facilities
19. Key and Lock Control
20. Population Counts
21. Security Inspections
22. Special Management Units (Administrative Detention)
23. Special Management Units (Disciplinary Segregation)
24. Tool Control
25. Transportation (Land management)
26. Use of Force
27. Staff / Detainee Communication (Added August 2003)
28. Detainee Transfer
ALL FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND
WHAT IS NECESSARY TO REACH COMPLIANCE.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)


© 2007 Creative Corrections, LLC (Rev. 12/8/07
RIC REVIEW ASSURANCE STATEMENT

By SIGNING BELOW, THEREVIEWER-IN-CHARCJE (RIC) CERTIFIES THAT:

1. ALL FINDINGS OF NON-COMPLIANCE WITH POLICY OR INADEQUATE CONTROLS, AND FINDINGS OF NOTEWORTHY
ACCOMPLISHMENTS, CONTAINED IN THIS INSPECTION REpORT, ARE SUPPORTED BY EVIDENCE THAT IS SUFFICIENT AND
RELIABLE; AND
2. WITHIN THE SCOPE OF THIS REVIEW, THE FACILITY IS OPERATING IN ACCORDANCE WITH APPLICABLE LAW AND POLICY, AND
PROPERTY AND RESOURCES ARE BEING EFFICIENTLY UTILIZED AND ADEQUATELY SAFEGUARDED, EXCEPT FOR ANY
DEFICIENCIES NOTED IN THE REPORT.

b6, b7c b6, b7c

Creative Corrections

Print Name, Title, & Duty Location Print Name, Title, & Duty Location

b6, b7c SME-Security, Creative Corrections b6, b7c , SME-Food Services, Creative Corrections
Print Name, Title, & Duty Location Print Name, Title, & Duty Location

b6, b7c SME-Health Services, Creative Corrections b6, b7c SME-Environmental Health and Safety, Creative
Corrections

RECOMMENDED RATING: IZJ ACCEPTABLE


o DEFICIENT
OAT-RISK

COMMENTS:

The suicide noted on the Significant Incident Summary form occurred on December 21, 2007. The US Marshal's prisoner was booked
into the facility at 2:05a.m. on December 21, 2007. No signs of suicidal ideation were noted on the intake screening form signed by
facility staff and the ATF Officer delivering the inmate to the facility. Three separate checks were made of the inmate's cell without
unusual activity being reported. At 4:30 a.m., breakfast was placed in the cell. At 8:23 a.m., rounds were made by correctional staff.
At 9:22 a.m., another observation was made of the cell and logged. At 9:38 a.m., staff preparing to remove the inmate from the cell
for transportation, found him hanging from a noose attached to the ceiling vent. An investigation of the incident was undertaken by
Los Angeles County Sheriff's Department Homicide Bureau. An autopsy performed by Los Angeles County Coroner and Medical
Examiner's Office on December 23,2008, ruled the death a suicide. The investigation was subsequently closed.

The Jail Administrator, b6, b7c and Lieutenant b6, b7c Alhambra Police Department, were exceptionally well versed
on all of the Jail operations. No significant issues were found during the review and an overall rating of "Acceptable" is
recommended.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)


© 2007 Creative Corrections, LLC (Rev. 12/8/07
MANAGEMENT REVIEW
• REVIEW AUTHORITY

THE SIGNATURE BELOW CONSTITUTES REVIEW AND ACCEPTANCE OF THIS REPORT BY THE REVIEW AUTHORITY. FOD/OIC/CEO WILL
HAVE TmRTY (30) CALENDAR DAYS FROM RECEIPT OF THIS REPORT TO RESPOND TO ALL FINDINGS AND RECOMMENDATIONS.

HQDRO MANAGEMENT REVIEW: (Print Name) Signature


b6, b7c
b6, b7c
Date

Acting Chief

FINAL RATING: r8l ACCEYfABLE


o DEFICIENT
OAT-RISK

COMMENTS: The Review Authority concurs with the recommended rating of Acceptable. This review is closed and requires no
further action.

FOR OFFICIAL USE ONLY {LAW ENFORCEMENT SENSITIVE}


Creative Corrections
6415 Calder, Suite B
Beaumont, Texas 77706

ICE Detention Standards Review Worksheet


(This document must be attached to each Inspection Form)
This Form to be used for Inspections of Facilities used less than 72 Hours

':..
·.·c
·.~')-
--,
rea ti v e
~
·, <.· .·
•.

corrections
<',:" .

" :. -, '~iB
• "-.0

IZI Local Jail- IGSA


D State Facility - IGSA
D ICE Contract Detention Facility

Name
Alhambra City Jail
Address (Street and Name)
211South First St.
City, State and Zip Code
Alhambra, CA 91801
County
Los Angeles
Name and Title of Chief Executive Officer (Warden/OIC/Superintendent)
b6, b7c Lieutenant
Name and Title of Reviewer-In-Charge
b6, b7c RIC, Creative Corrections
Date[sJ of Review
July 8-9, 2008

Type of Review
IZI Headquarters D Operational DSpecial Assessment DOther

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)


© 2007 Creative Corrections, LLC (Rev. 12/8/07)
TABLE OF CONTENTS

SECTION I. LEGAL ACCESS STANDARDS .............................................................................................................................. 3


VISITATION ........................ ~ .................... : .................... : ......................................... ~ ........................................ : .......................... .
ACCESS TO TELEPHONES ........................... ~......................................................'........ ;................................................................ .

SECTION II. DETAINEE SERVICES STANDARDS ....................................................................................................................... 6


ADMISSION AND RELEASE ........................................................................................................................................................ .
CLASSIfICATION SySTEM .............'......................................................'............................ 0' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DETAINEE HANDBOOK ............................................................................................................................................................. .


FOOD SERVICE ........... ; .............................................................................................................................................................. .
FUNDS AND PERSONAL PROPERTy ........................................................................................................................................... .
DETAINEE GRIEVANCE PROCEDURES ........................... ·............................................................................................................ .
ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS ......................................................... , .............................. .
RELIGIOUS PRACTICES ............................................................................................................................................................. .

SECTION III. HEALTH SERVICES STANDARDS .................................................................................. i ................................ 16


MEDICAL CARE ........................................................................................................................................................................ .
SUICIDE PREVENTION AND INTERVENTION ............................................................................................................................... .

SECTION IV.' SECURITY AND CONTROL STANDARDS ......................................................................................................... 20


CONTRABAND ........................................................................................................................................................................... .
DETENTION FILES .......................................................................................................... ; .......................................................... .
DISCIPLINARY POLICy .............................................................................................................................................................. .
EMERGENCY PLANS ................................................................................................................................................................... .
ENVIRONMENTAL HEALTH AND SAFETy ....................................................... ; .......................................................................... .
HOLD ROOMS IN DETENTION FACILITIES ................................................................................................................................. .
KEy AND LOCK CONTROL ......................................................................................................................................................... .
POPULATION COUNTS ............................................................................................................................................................... .
SECURITY INSPECTIONS ............................................................................................................................................................ .
SPECIAL MANAGEMENT UNIT (ADMINISTRATIVE SEGREGATION) ........................................................................................... .
SPECIAL MANAGEMENT UNIT (DISCIPLINARY SEGREGATION) ................................................................................................ .
TOOL CONTROL ........................................................................................................................................................................ .
TRANSPORTATION (LAND) ....................................................................................................................................................... .
USE OF FORCE .......................................................................................................................................................................... .
STAFFIDETAINEE COMMUNICATIONS ....................................................................................................................................... .
DETAINEE TRANSFER STANDARD ............................................................................................................................................. .

.
NOTE: F9R EACH STANDARD RATED BELOW ACCEPTABLE, ~ACILITIES MUST ATTACH A PLAN OF ACTION FOR BRINGING
OPERATIONS INTO COMPLIANCE. EACH FACILITY SHOULD EXAMINE THE ENTIRE WORKSHEET TO IDENTIFY AREAS OF
IMPROVEMENT, INCLUDING THOSE STANDARDS WHERE AN OVERALL FINDINq OF ACCEPTABLE WAS ACHIEVED.

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· SECTION I. LEGAL ACCESS STANDARDS

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VISITATION

POLICY: ICE SHALL PERMIT DETAINEES TO VISIT WITH FAMILY, FRIENDS, LEGAL REPRESENTATIVES, SPECIAL INTEREST GROUPS, AND THE NEWS
MEDIA.
COMPONENTS Y N NA REMARKS
FM 2400.01, Inmate Visiting, is
There is a written visitation schedule and hours for general visitation. ~ 0 0 in place.
Established schedules and rules
The visitation schedule and rules are available to the public. ~ 0 0 are available.
A general visitation log is maintained. ~ 0 0
Visitors are searched and identified according to standard requirements .. ~ 0 0
cg] ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

Field Policy Manual, Section 2400.01, for Correctional Services, Inc. at the Alhambra City Jail covers the requirements of the
standard. However, due to the normally short duration of a detainee's stay, only legal visits are permitted for ICE detainees.

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July 9, 2008
AUDITOR'S SIGNATUREID
~f/VE
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DETAINEE TELEPHONE ACCESS

POLICY: ALL FACILITIES HOUSING ICE DETAINEES WILL PERMIT DETAINEES' REASONABLE ANDEQUlTABLE ACCESS TO TELEPHONES.
COMPONENTS Y N NA REMARKS

0
Detainees are allowed access to telephones during established facility . Telephones are available in each
waking hours. 0 0 cell area.

0
Upon admittance, detainees are made aware of the facility's telephone Included in Jail Rules issued
access policy. ~ 0 upon admittance.
Detainees are afforded a reasonable degree ofprivacy for legal phone
0
FM 2400.02, Legal Access,
calls. 0 0 permits unmonitored legal calls.

0
Once verified, emergency
Emergency phone call messages are immediately given to detainees. 0 0 messages are passed along.
Detainees are allowed to. return emergency phone calls as soon as
possible. 0 '0 0
0
Detainees in disciplinary segregation are allowed phone calls to No disciplinary cases are housed
consular/embassy officials. 0 0 at the facility.
The OIG phone number for reporting abuse is programmed into the
detainee phone system and the phone number was checked by the D lZJ D
insl'.ector during the review.

0
Detainees in disciplinary segregation are allowed phone calls for family No disciplinary cases are housed
emergencies. 0 0 at the facility.

0
Detainees in administrative segregation and protective custody are
afforded the same telephone privileges as those in general population. 0 0
When detainee phone calls are monitored, notification is posted by
detainee telephones that phone calls made by the detainees may be 0 0 0 Posted on the telephones in each
cell.
monitored. Special Access calls are not monitored.
IZI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

FM 2400.02 clearly provides for unmonitored special access calls.

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AUDITOR'S
Juiy9,2008
SIGNAT""'1'-r.
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SECTION II. DETAINEE SERVICES STANDARDS

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
. ADMISSION AND RELEASE

POLICY: ALL DETAINEES WILL BE ADMITTED AND RELEASED IN A MANNER THAT ENSURES THEIR HEALTH, SAFETY, AND WELFARE. THE
ADMISSIONS PROCEDURE WILL, AMONG OTHER THINGS INCLUDE: MEDICAL SCREENING; A FILE-BASED ASSESSMENT AND CLASSIFICATION
PROCESS; ABODY SEARCH; AND ASEARCH OF PERSONAL BELONGINGS, WHICH WILL BE INVENTORIED, DOCUMENTED, AND SAFEGUARDED AS
NECESSARY.
COMPONENTS Y :N NA REMARKS
In-processing includes an orientation of the facility. A Handbook and Jail Rules
I2Sl D D printout are provided to each
detainee.
Medical screenings are perfonned by medical staff or persons who have This is included at booking with
received specialized training for the purpose of conducting an initial I2Sl D D the "case records" covered by
health screening. FM 500.01, Case Records.
All new arrivals are searched in accordance with the "Detainee Search" FM 500.01 provides for a
D D FM 900.02 and 900.03 cover
standard. An officer ofthe same sex as the detainee conducts the search . proper search upon entry and
and the search is conducted in an area that affords as much privacy as I2Sl
possible. searches.
Detainees are stripped searched only when cause has been established
and not as routine policy. Non-criminal detainees are not strip-searched I2Sl D D
but are patted down, unless reasonable suspicion is established.
The "Contraband" standard governs all personal property searches. FM Section 900.02, Searches of
IGSAs/CDFs use or have a similar contraband standard. Staff prepares Inmates for Contraband Control,
a complete inventory of each detainee's possessions. The detainee was reviewed and indicated
receives a copy. compliance. FM 600.01,
I2Sl D D Infonnation Systems and
Research, includes "Intake
Booking." A Property and
Money Infonnation fonn is
completed for each detainee.
Two officers are present during the processing of detainee funds and
valuables during admissions processing to the facility. Both officers D I2Sl D Not consistently applied.
verify funds and valuables.
Staff completes Fonn 1-387 or similar fonn for CDFs and IGSAs for Lost property fonns are handled
every lost or missing property claim. Facilities forward all 1-387 claims I2Sl D D by Alhambra Police
to ICE. Department.
D No clothing is provided.
Detainees are issued appropriate and sufficient clothing and bedding for
the climatic conditions. 0 ~
The facility provides and replenishes personal hygiene items as needed.
Gender-specific items are available. ICE Detainees are not charged for I2Sl D D
these items.
D D utilized.
All releases are properly coordinated with ICE using a Fonn 1-203. Appropriate documentation is
I2Sl
Staff completes paperwork/fonns for release as required. I2Sl D D
I2SI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING
REMARKS:

FM Section 900.03, Strip Search, provides clear procedures and precludes "routine" strip searches from occurring.

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SSIGNATURE/~ATE
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CLASSIFICATION SYSTEM

POLICY: ALL FACILITIES WILL DEVELOP AND IMPLEMENT A ,SYSTEM ACCORDING TO WHICH ICE DETAINEES ARE CLASSIFIED. THE
CLASSIFICATION SYSTEM WILL ENSURE THAT EACH DETAINEE IS PLACED IN THE APPROPRIATE CATEGORY, PHYSICALLY SEPARATED FROM
DETAINEES IN OTHER CATEGORIES
COMPONENTS Y N NA REMARKS.
The facility has a system for separating criminal and non-criminal ICE FM, SectionI500.01,
detainees. Violent offenders are separated from non-violent offenders. Classification and Segregation,
provides for maximum, medium,
1ZI 0 0 and minimum custody levels.
The ICE detainees are classified
as indicated on the 1-216.
Housing assignments are based on threat l~vel. Housing assignments are
lZI' 0 0 avallable to segregate the'three
levels.
IZl ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

Alhambra City Jail Field Policies Manual, Section 1500.01, provides for classification of detainees in three custody levels. With the
availability of single and double cells, the custody levels can be segregated as needed.

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/July 9, 2008 F
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DETAINEE HANDBOOK
POLICY: EVERY OIC WILL DEVELOP A ~mE-SPECIFIC DETAINEE HANDBOOK TO SERVE AS AN OVERVIEW OF, AND GUIDE TO, THE DETENTION
POLICIES, RULES, AND PROCEDURES IN EFFECT AT THE FACILITY. THE HANDBOOK WILL ALSO DESCRlBE THE SERVICES, PROGRAMS, AND
OPPORTUNITIES AVAILABLE THROUGH VARIOUS SOURCES, INCLUDING THE FACILITY, ICE, PRIVATE ORGANIZATIONS, ETC. EVERY DETAINEE
WILL RECEIVE A COpy OF THIS HANDBOOK UPON ADMISSION TO THE FACILITY.
COMPONENTS Y N NA REMARKS
The detainee handbQok is written in English and translated into Spanish, The Alhambra City Jail Inmate
or into the next most-prevalent Language(s). Handbook is written in English.
Jail personnel contact a
[8] 0 0 telephonic translation service to
translate the rules for non-English
speaking detainees prior to
signature of receipt.
The detainee handbook states in clear language the basic detainee
[8] 0 0
responsibilities.
The handbook identifies:
• Initial issue of clothing and bedding, and personal hygiene
items;
• When a medical examination will be conducted;
• The telephone policy, debit card procedures, direct and free
calls, locations oftelephones, policy when telephone demand [8] 0 0
is high, Policy and procedures for emergency phone calls, and
the Detainee Message System;
• Facility search procedures and contraband policy; and
• Facility visiting hours and schedule, and visiting rules and
regulations .
The handbook describes the detainee disciplinary policy and procedures,
to include:
• Prohibited acts and severity scale sanctions;
• Time limits in the Disciplinary Process; [8] 0 0
• Summary of Disciplinary Process;
• Sick call procedures for general population and segregation;
and
• Th~ rights and responsibilities of all detainees.
IZI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING
REMARKS:

The Alhambra City Jail Handbook provides adequate information for detainee population.

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IGNATURE/DA
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FOOD SERVICE

POLICY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRITIOUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH
THE HIGHEST SANITARY STANDARDS .
. COMPONENTS y NA . REMARKS
Trained staff supervises the food service program. Alhambra City Jail does not
have any food service staff. All
meals provided to the detainees
are individually pre-packaged
o o frozen dinners that are re-heated
in a microwave oven. All staff
assigned to the jail must take a
food-handling test and be
medically cleared to handle
food.
Knife cabinets close with an approved locking device and the on-duty Food Service does not use any

o
cook foreman maintains control of the key that locks the device. knives. All meals are
o individually pre-packaged
frozen dinners and re-heated in a
microwave oven.
All knives not in a secure cutting room are physically secured to the
workstation and staff directly supervises detainees using knives at these o o Food Service does not use any
knives.
workstations. Staff monitor the condition of knives and dining utensils
Detainees are served at least three meals daily. No more than 14 hours B-4:30 a.m.; L-12:00 p.m.;
elapse between the last meal served and the fIrst meal ofthe following D-5:00 p.m. Therefore, no more
day. o o than 14 hours elapses between
the last meal and the fIrst meal
ofthe day.
A registered dietitian conducts a complete nutritional analysis of every
master-cycle menu planned. o o
The food service program addresses medical diets. Alhambra City Jail does not
provide any special diets to
detainees. Most detainees at
this facility are kept less than 12
hours and transferred to another
o o facility. However, if a detainee
cannot be accommodated with a
special diet; the watch
commander will transfer the
detainee to another facility
where his special diet can be
met.
Satellite-feeding programs follow guidelines for proper sanitation. The satellite-feeding program is
not following proper sanitation
guidelines. A few minor
sanitation issues were identifIed
during the review (cooler box,
o o freezer box, oven, and stainless
steel tables need additional
cleaning). However, the Jail
Supervisor took corrective
action to rectifY any sanitation
issues during the review.
Hot and cold foods are maintained' at the prescribed, "safe'"
temperature(s) after two hours. (140 degrees for hot - 40 degrees for o o
cold)

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FOOD SERVICE

POLlCY: EVERY FACILITY WILL PROVIDE DETAINEES IN ITS CARE WITH NUTRlTIQUS AND APPETIZING MEALS, PREPARED IN ACCORDANCE WITH
THE HIGHEST SANITARY STANDARDS.
COMPONENTS Y N NA REMARKS
IZl
All meals are provided in nutritionally adequate portions. All meals are individually pre-
0 0 packaged and frozen.
Food is not used to punish or reward detainees based upon behavior. IZl 0 0
Standard operating procedures include weekly inspections of all food The Jail Supervisor does not
service areas, including dining and food-preparation areas and conduct a weekly formal
equipment. sanitation inspection. The
0 IZl 0 supervisor needs to develop a
sanitation i.nspection form to
address any sanitation issues
within the department.
Equipment is inspected daily. Food Service utilizes the
following equipment, a freezer
0 0 IZl box, a cooler box, and four
microwave ovens to prepare
frozen pre-packaged meals.
IZl
Procedures include inspecting all incoming food shipments for damage, All meals are frozen and re-
contamination, andpest infestation. 0 0 heated by microwave ovens.
Storage areas are locked. IZl 0 0
IZI ACCEPTABLE o DEFICIENT D AT-RISK o REPEAT FINDING

REMARKS:

The satellite-feeding program is not following proper sanitation guidelines.

The weekly sanitation inspections of all food service areas and equipment are not being conducted.

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AUDITOR'S SIGNATUREIDATE
t ho
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FUNDS AND PERSONAL PROPERTY

POLlCY: ALL FACILITIES WILL IMPLEMENT PROCEDURES TO CONTROL AND SAFEGUARD DETAlNEES' PERSONAL PROPERTY. PROCEDURES WILL
PROVIDE FOR THE SECURE STORAGE OF FUNDS, VALUABLES, BAGGAGE AND OTHER PERSONAL PROPERTY; THE DOCUMENTATION AND
RECEIPTING OF SURRENDERED PROPERTY; AND THE INITIAL AND REGULARLY SCHEDULED INVENTORYING OF ALL FUNDS, VALUABLES, AND
OTHER PROPERTY.

o STANDARD NA: (IGSA ONLY) CHECK THIS BOX IF ALL ICE DETAINEE FUNDS~ VALUABLES AND PROPERTY ARE HANDLED ONLY
BYTlIE ICE FIELD OFFICE OR SUB-OFFICE IN CONTROL OF THE DETAINEE CASE;
COMPONENTS YES No NA REMARKS
Detainee funds and valuables are properly separated, stored, and are Funds and valuables are
accessible only by designated supervisor(s). properly separated and stored.
Funds and valuables are placed
within a heat sealed plastic bag
1ZI 0 0 and stored with the personal
property. The bags containing
the funds and valuables remain
sealed until the detainee's
release.
Detainees' large valuables are secured in a location accessible to Large property is not accepted at
desiggated s~ervisor(~ or processing staff only. 0 0 IZI the faciliD'.
Two officers are present during the processing of detainee funds and Two officers are not always
valuables during in-processing to the facility. Both officers verify funds 0 1ZI 0 present during the processing of
and valuables. detainee funds and valuables.
Staff forwards an arriving detainee's medicine to the medical staff. The facility does not have any
medical staff on site. All
medication is placed in the
0 0 1ZI detainee property. The facility
does provide aspirin and
documents it on a form.
Staff searches arriving detainees and their personal property for The arresting officer conducts
contraband. searches of all detainees'
1ZI 0 0 personal property and jail staff
assists the officer.
Staff procedures follow written policy for returning forgotten property to There is no written policy for
detainees. 0 1ZI 0 returning forgotten property to
ICE detainees.
Property discrepancies are immediately reported to the CDEO or Chief of A report is filed with the police
Security. 1ZI 0 0 department.
CDF/IGSA facility procedures for handling detainee property claims are
similar with the ICE standard. 1ZI 0 0
IZl ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

Only one officer is utilized to verify the processing of detainee funds and valuables during in-processing.

l,v
There is no written policy for returning forgotten property to ICE detainees.

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DETAINEE GRIEVANCE PROCEDURES

POLICY: EVERY FACILITY WILL DEVELOP AND IMPLEMENT STANDARD OPERATING PROCEDURES (SOPS) FOR ADDRESSING DETAINEE
GRIEVANCES IN TIMELY FASHION. EACH STEP IN THE PROCESS WILL OCCUR WITHIN THE PRESCRIBED TIME FRAME. AMONG OTHER THINGS, A
GRffiVANCEWILL BE PROCESSED,INVES1JGATED, AND DECIDED (SUBJECT TO APPEAL) IN ACCORDANCE WITH THE SOPS; A GRIEVANCE
COMMITTEE WILL CQNVENE AS PROVIDED IN THE SOPS. STANDARD PROCEDURE WILL INCLUDE PROVIDING THE DETAINEE WITH A WRITTEN
RESPONSE TO ANY FORMAL GRIEVANCE, WHICH WILL INCLUDE THE BASIS FOR THE DECISION. THE FACILITY WILL ALSO ESTABLISH STANDARD
PROCEDURES FOR HANDLING EMERGENCY GRIEVANCES. ALL GRIEVANCES WILL RECEIVE SUPERVISORY REVIEW; REpRISALAGAlNSTTHE FiLER
OF A GRIEVANCE WILL NOT BE TOLERATED;
COMPONENTS y N NA REMARKS
Every member of the staff knows how to identify emergency grievances, Jail personnel receive on the job
including the procedures for expediting them. lZl 0 0 training on how to identify and
expedite emergency grievances.
There are documented or substantiated cases of staff. harassing,
lZl
disciplining, penalizing, or otherwise retaliating against a detainee who
lodged a complaint: 0 0
• If yes, explain.
Procedures include maintaining a Detainee Grievance Log. Illinate complaints and grievances
• If not, an alternative acceptable record keeping system is are handled in accordance with
lZl
maintained. Alhambra Police Manual, Section
• "Nuisance complaints" are identified in the records. 0 0 3.8., which provides for the
• For quality control purposes, staff document nuisance assignment of a number for
complaints received but not filed. tracking purposes.

lZl
Staff is required to forward any grievance that includes officer
misconduct to a higher official or, in a CDF/IGSA facility, to ICE. 0 0
~ ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING
REMARKS:

Policies and procedures are in place to adequately track and address detainee grievances.

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ATURE!DAT
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ISSUANCE AND EXCHANGE OF CLOTHING, BEDDING, AND TOWELS

POLlCY: ICE REQUIRES THAT ALL FACILITIES HOUSING ICE DETAINEES PROVIDE CLEAN CLOTHING, BEDDING, LINENS AND TOWELS TO EVERY
ICE DETAINEE UPON ARRNAL. FURTHER, FACILITIES SHALL PROVIDE ICE DETAINEES WITH REGULAR EXCHANGES OF CLOTHING, LINENS, AND
TOWELS FOR AS LONG AS nIEY REMAIN IN DETENTION.
COMPONENTS YES No NA REMARKS
All new detainees are issued clean,temperature-appropriate, presentable Detainees retain personal
clothing during in-processing. clothing upon entering this
facility. Detainees who stay
longer than 24 hours are offered
laundry services, however no
0 [8J 0 alternative clothing is currently
issued. A plan to provide
jumpsuits to detainees while
personal clothing is laundered
was developed during this
inspection.
New detainees are issued clean bedding, linens, and a towel. [8J 0 0
IZI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

A plan to provide jumpsuits to detainees while personal clothing is laundered was developed during this inspection.

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RELIGIOUS PRACTICES

POLICY: FACILITIES WILL PR.oVIDE ICE DETAINEES..oF ALL FAITHS WITH REAS.oNABLE AND EQUITABLE .oPP.oRTUNITIES T.o PARTICIPATE INTI-IE
pRACTICES .oF THEIR FAITH, LIMITED .oNLY BY THE C.oNSTRAINTS .oF SAFETY, SECURITY, THE .oRDERLY .oPERATI.oNS .oF THE FACILITY AND
BUDGETARY CONSIDERATI.oNS.
COMPONENTS y N NA REMARKS
Detainees are allowed to engage in religious services. ~ D D
The facility allows detainees to observe the major "holy days" of their Detainees are allowed to
religious faith. observe major "holy days" upon
request; however, no special
~ D D religious diets are being
provided to detainees. Most
detainees are only kept at this
facility for lessthan 12 hours.
Each detainee is allowed religious items in hislher immediate possession. ~ D D
IZI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

Detainees of different religious beliefs are provided reasonable and equitable opportunities to participate in the practices of their
respective faiths. However, most detainees are only kept at this facility for less than 12 hours.

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AUDITOR'S SIGNATUREiDATE
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SECTION III. HEALTH SERVICES STANDARDS

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ACCESS TO MEDICAL CARE

POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL
WELL-BEING OF ICE DETAINEES.
COMPONENTS Y N NA REMARKS
Facilities operate a health care facilio/ in compliance with state and local This is not applicable because
laws and guidelines. Alhambra City Jail does not
staff medical personnel nor
accept detainees who require
0 0 [g] medical care. Detainees
requiring medical care are
transferred to another facility for
managemen~ of health care
needs.
The facility's in-processing procedures for arriving detainees include A verbal medical screening is
medical screening. completed on ICE detainees
entering the facility. The
screening is based on questions
[g] 0 0 listed on the facility's medical
screening form. This form is not
completed on ICE detainees.
The questions are verbally
asked, but not documented.
All detainees have access to and receive medical care. Should a detainee require
medical care, the local
emergency medical system is
activated to provide emergent
care in accordance with policy,
Emergency Care for Prisoners
[g] 0 0 (1800.04). In non-emergent
situations, detainees are
transferred to a facility that
provides medical care. ICE
detainees with medical issues
are not accepted at this facility.
Pharmaceuticals are stored in a secure area. The only medication available to
detainees is over-the-counter
medications, which are stored at
[g] 0 0 the staffs desk area in the jail.
Generally, detainees requiring
prescription medications are not
accepted at the facility.
Medical screening includes a Tuberculosis (TB) test. The facility does not provide
medical treatment for detainees.
Should a communicable disease
be identified, the detainee would
be immediately transferred to a
medical facility. Procedural
practice at Alhambra City Jail is
0 [g] 0 for ICE detainees to be cleared
for Tuberculosis before being
admitted. Currently, ICE does
not provide the facility with
documented verification of
Tuberculosis clearance on
detainees.

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ACCESS TO MEDICAL CARE

POLICY: EVERY FACILITY WILL ESTABLISH AND MAINTAIN AN ACCREDITED/ACCREDITATION-WORTHY HEALTH PROGRAM FOR THE GENERAL
WELL-BEING OF ICE DETAINEES.
Detainees in the Special Management Unit have access to health care In the event of a health care
services. need, detainees are afforded
~ 0 0 care through community
facilities.
The facility has a written plan for the delivery of 24-hour emergency Alhambra City Jail policy,
health care when no medical personnel are on duty at the facility, or when Emergency Care for Prisoners
immediate outside medical attention is required. (1800.04), provides guidance
~ 0 0 for jail staff to man;ge various
medical and psychiatric
emergent health care needs.
Detention staff is trained to respond to health-related emergencies within .All j ail staff is trained in
a 4-minute response time. Cardiopulmonary Resuscitation
~ 0 0 and First Aid to enhance a four-
minute response time.
Where staff is used to distribute medication, a health care provider Prescription medications are not
properly trains these officers. provided at this facility. Jail
staff provides over-the-counter
aspirin at the request of
0 ~ 0 . detainees. The staff is trained by
other jail staff on the procedures
to administer the aspirin. Policy,
Medication (1800.06), also
provides guidance in this area.
The medical unit keeps written records of medication that is distributed. In the event that a detainee
requests aspirin, a medication
administration form is
~ 0 0 completed with the detainee
being required to sign that
he/she received the medication.
Detainees are required to sign a refusal to consent form when medical This is not applicable because
treatment is refused. 0 0 ~ the facility does not provide
medical care.
[8] ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

The facility does not provide medical treatment for detainees. Should a communicable disease be identified, the detainee would be
immediately transferred to a medical facility. Procedural practice at Alhambra City Jail is for ICE detainees to be cleared for
Tuberculosis before being admitted. Currently ICE does not provide documented verification of Tuberculosis clearance on detainees.

Prescription medications are not provided at this facility. Jail staff provides over-the-counter aspirin at the request of detainees. The
staff is trained by other jail staff on the procedures to administer the aspirin. Policy, Medication (1800.06), also provides guidance in
this area.

Overall, Alhambra City ~ail's established policies and procedures meet the requirements of the Access to Medical Care standard.

.~P pV
b6, b7c

GNATUREID~
b6, b7c July 9, 200
AUDITOR'S

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SUICIDE PREVENTION AND INTERVENTION

POLICY: ALL DETENTION STAFF WORKING WITH ICEDETAlNEES WILL BE TRAINED TO RECOGNIZE SUICIDE-RISK INDICATORS. StAFF WILL
HANDLE POTENTIALLY SUICIDAL INDIVIDUALS WITH SENSITIVITY, SUPERVISION, AND REFERRALS. A CLINICALLY SUICIDAL DETAINEE WILL
RECEIVE PREVENTIVE SUPERVISION AND TREATMENT.
COMPONENTS Y N NA REMARKS
Every new staff member receives suicide-prevention training. Suicide- All new staff at Alhambra City
prevention training occurs during the employee orientation program. Jail receives suicide prevention
training during the initial
[gJ 0 D orientation process. In addition,
policy, Jail Suicide Prevention
(1800.05), provides guidelines
to manage suicidal detainees.
Training prepares staff to: Suicide prevention and
• Recognize potentially suicidal behavior; intervention training prepares
• Refer potentially suicidal detainees, following facility [gJ D D ·staff to recognize potential
procedures; and suicidal behaviors and apply
• Understand and apply suicide-prevention techniques. management techniques.
IZI ACCEPTABLE o DEFICIENT D AT-RISK o REPEAT FINDING
REMARKS:

Alhambra City Jail's established policies and procedures meet the requirements of the Suicide Prevention and Intervention standard.

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NATUREIDAT~l
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AUDITOR'S P

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
SECTION IV. SECURITY AND CONTROL

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
CONTRABAND

POLICY: ALL DETENTION FACILITIES WILL ENSURE THE PROPER HANDLING AND DISPOSAL OF ALL CONTRABAND. DOCUMENTATION OF
CONTRABAND DESTRUCTION IS REQUIRED.
COMPONENTS Y N NA REMARKS
The facility follows a written procedure for handling illegal contraband.
Staff inventory, hold, and report it when necessary to the proper authority [8J 0 0
for action/possible seizure: .
Upon admittance, detainees receive notice of items they can and cannot
possess.
[8J 0 0
IZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING

REMARKS:

All detainees receive a copy of the Alhambra City Jail Rules upon admission and must sign that they have read or that the rules have
been fully explained to them.

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AUDITOR'S
)
NATUREIDAT~;
lJuly9, 2008 b6, b7c

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DETENTION FILES

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

D D for each new arrival.


A detention file is created for every new arrival whose stay will exceed A case record is not completed
24 hours. ~
The detainee detention file contains either originals or copies of The booking process requires
documentation and forms generated during the admissions process. ~ D D this information to be included
in the records.
The detainee's de~ention file also contains doc~m~nts generated during
the detainee's custody.
• Special requests 0
• Any G-589s and/or 1-77s closed-out during the detainee's stay ~ 0
• Disciplinary forms/Segregation forms
• Grievances, complaints, and the disposition(s) of same
The detention files are located and maintained in a secure area.. If not, the
cabinets are lockable and distribution of the keys is limited to supervisors. ~ 0 0
The detention file remains active during the detainee's stay. When the Upon transfer or release, case
detainee is released from the facility, staff adds copies of completed records are transferred to
release documents, the original closed-out receipts for property and ~ 0 0 Alhambra PD Records
valuables, the original 1-385 or equivalent, and other documentation. Department.
D
The officer closing the detention file makes a notation that the file is
complete and ready to be archived. ~ 0
Staff makes copies and sends documents from the file when properly
requested by supervisory personnel at the receiving facility or office. ~ 0 0 When requested.
Appropriate staffhas access to the detention files, and other departmental
Files are stored in the booking
requests are accommodated by making a request for the file. Each file is
properly logged out and in by a representative of the responsible ~ 0 0 area and can be reviewed there
if needed.
department.
[8J ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

FM, Section 500.01, Case Records, requires records to be started upon admission andto include documentation regarding the
detainee's incarceration. Due to the typically short stay (less than 24 hours), an abbreviated record is being utilized. It was
recommended that any detainee who is housed more than 24 hours should have a case record established.

b6, b7c
SIGNATURE/DA~j
July 9,2008 J;fL' b6, b7c

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
DISCIPLINARY POLICY

POLICY: ALL FACILITIES HOUSING ICE DETAINEES ARE AUtHORIZED TO IMPOSE DlSCIPLINE ON DETAINEES WHOSE BEHAVIOR IS NOT IN
COMPLIANCE WITH FACILITY RULES AND REGULATIONS;
COMPONENTS . Y N NA REMARKS
The facility has a written disciplinary system using progressive levels of The facility does not administer
reviews and appeals. 0 0 [8J
discipline.
The facility rules state that disciplinary action shall not be capricious or
retaliatory. 0 0 [8J
Written rules prohibit staff from imposing or permitting the following
sanctions:
• corporal punishment Alhambra City Jail does not
• deviations from normal food service
• clothing deprivation 0 0 '[8J facilitya disciplinary
have policy. The
does not administer
• bedding deprivation discipline.
• denial of personal hygiene items
• loss of correspondence privileges
• d(ll>fivation of physical exercise
The rules of conduct, sanctions, and procedures for violations are defmed
in writing and communicated to all detainees verbally and in writing. 0 0 [8J
The following items are conspicuously posted in Spanish and English, The detainee's Rights and
and other dominate languages used in the facility: Responsibilities were not
• Rights and Responsibilities 0 [8J 0 or conspicuously posted in English
• Prohibited Acts Spanish in the facility. The
• Disciplinary Severity Scale facility does not administer
• Sanctions discipline.
When minor rule violations or prohibited acts occur, informal resolutions The facility does not administer
are encouraged. 0 0 [8J discipline.
[SI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

Detainees that pose disciplinary problems are removed by ICE (the offending detainee) as soon as possible. Depending on the
seriousness of the offense, separate criminal charges may be pursued.

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.
July 9, 2008
( pv b6, b7c

AUDITOR'S SIGNATURE/DATE

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EMERGENCY (CONTINGENCY) PLANS

POLICY ALL FACILITIES HOLDING ICE DETAINEES WILL RESPOND TO EMERGENCIES WITH APREDETERMINED STANDARDIZED PLAN TO MINIMIZE
THE HARMING OF HUMAN LIFE AND THE DESTRUCTION OF PROPERTY. IT IS RECOMMENDED THAT SPCS AND CDFs ENTER INTO AGREEMENT; VIA
MEMORANDUM OF UNDERSTANDING (MOU), WITH FEDERAL, LOCAL AND STATE AGENCIES TO ASSIST IN TIMES OF EMERGENCY.
COMPONENTS Y N NA REMARKS
Policy precludes detainees or detainee groups from exercising control or
authority over other detainees. lZl 0 0
Detainees are protected from:
• Personal abuse
• Corporal punishment The requirements ofthis
• Personal injury lZl 0 0 standard are addressed in the
• Disease detainee handbook.
• Property damage
• Harassment from other detainees
Written procedures cover:
• WorkIFood Strike
• Disturbances The facility does not have a
• Escapes lZl 0 0 written stand-alone procedure
• Bomb Threats addressing a Work/Food Strike
• Adverse Weather Plan.
• Facility Evacuation
• Internal Hostages
I'SJ ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

The facility has all ofthe ICE required emergency contingency plans except for a stand-alone Work/Food Strike. Based on the fact
that the detainees do not work at this facility and are housed less than 72 hours, a Work/Food Strike Emergency (contingency) Plan
may not be applicable to this facility.

b6, b7c
/July 9,200& }
NATURE/DATE.r~·
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ENVIRONMENTAL HEALTH AND SAFETY

.POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGHAHAZARDOUS MATERIALS PROGRAM. THE
PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH
APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND
SAFE-HANDLING PROCEDURES
COMPONENTS Y N NA REMARKS
the facility has a system for storing, issuing, and maintaining inventories
of hazardous materials. ~ 0 0
Constant inventories are maintained for all flammable, toxic, and caustic A plan was developed during
substances used/stored in each section of the facility. this review to conduct
0 ~ 0 inventories of hazardous
substances within th,e facility.
The manufacturer's Material Safety Data Sheet (MSDS) file is up-to-date A plan was developed during
for every hazardous substance used. this review to update,
alphabetize, and provide
~ 0 0 additional copies of the MSDS
file to dispatch and the Police
Lieutenant.
All personnel using flammable, toxic, and/or caustic substances follow
Jail personnel receive chemical
the prescribed procedures. They:
~ 0 0 safety training within 30 days of
• Wear personal protective equipment; arid entry on duty date.
• Report hazards and spills to the designated official.
The MSDSs are readily accessible to staff and detainees in work areas. MSDSs are available to staff
~ 0 0 and detainees upon request.
Hazardous materials are always issued under proper supervision. Jail personnel conduct all of the
• Quantities are limited; and cleaning and laundry operations
• Staff always supervises detainees using these substances. ~ 0 0 within the jail. Detainees are
not permitted access to cleaning
chemicals.
The facility has sufficient ventilation, and provides and ensures clean air A computer-based system called
exchanges throughout all buildings. StaefaiTalon is utilized to
~ 0 0 ensure required clean air
exchanges throughout the
facility.
Vents, return vents, and air conditioning ducts are not blocked or
obstructed in cells or anywhere in the facility. ~ 0 0
Living units are maintained at appropriate temperatures in accordance Living unit temperatures were
with industry standards. (68 to 74 degrees in the winter and 72 to 78 monitored and maintained by
degrees in the summer.) ~ 0 0 the StaefaiTalon system that
signals discrepancies to
dispatch.
Shower and sink water temperatures do not exceed the industry standard
of 120 degrees. ~ 0 0
Staff directly supervise and account for products with methyl alcohol.
Staff receives a list of products containing diluted methyl alcohol, e.g.,
Methyl alcohol is not used or
shoe dye. All such products are clearly labeled. "Accountability" 0 0 ~ stored within this facility.
includes issuing such products to detainees in the smallest workable
quantities.
A technically qualified officer conducts the fire and safety inspections. The Jail Supervisor conducting
the monthly fire and safety
~ 0 0 inspections received training
from his predecessor and the
local fire department.

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ENvmONMENTAL HEALTH AND SAFETY

POLICY: EVERY FACILITY WILL CONTROL FLAMMABLE, TOXIC, AND CAUSTIC MATERIALS THROUGH AHAZARDOUS MATERIALS PROGRAM. THE
PROGRAM WILL INCLUDE, AMONG OTHER THINGS, THE IDENTIFICATION AND LABELING OF HAZARDOUS MATERIALS IN ACCORDANCE WITH
APPLICABLE STANDARDS (E.G., NATIONAL FIRE PROTECTION ASSOCIATION [NFPA]); IDENTIFICATION OF INCOMPATIBLE MATERIALS, AND
SAFE-HANDLING PROCEDURES
COMPONENTS Y N NA REMARKS
The facility lias an approved fire prevention, control, and evacuation plan. The fire plan is approved by
Correctional Systems, Inc and
[g] 0 0 the Jail Administrator of
Alhambra Police Department.
The plan requires:
Safety and Emergency
• Monthly fu:e ,inspections; , , , ,
Procedures# 1000.01, effective'
• Fire protection equipment strategically located throughout the October 2005, covers most of
facility;
the components of the fire plan.
• Public posting of emergency plans with accessible [g] 0 0 The addition of maintenance,
building/room floor plans;
inspection, and testing of fire
• Exit signs and directional arrows; and
suppression equipment would
• An area-specific exit diagram conspicuously posted in the enhance the fire plan.
diagrammed area.
Written procedures regulate the handling and disposal of used needles Written procedures regulating
and other sharp objects. the handling and disposal of
used needles, and other sharp
objects are outlined in the
[g] 0 0 Communicable Disease, Blood
borne and Airborne Pathogen
Policy #0300.01 - Alhambra
Police Del~artment.
Standard cleaning practices include:
A cleaning schedule for each
• Using specified equipment; cleansers; disinfectants and [g] 0 0 area of the jail was posted in the
detergents.
laundry/storage area.
• An established schedule of cleaning and follow-up inspections.
A licensed/Certified/Trained pest-control professional inspects for
Dewey Pest Control is on
rodents, insects, and vermin.
contract to conduct pest control
• At least monthly. [g] 0 0 operations on a monthly basis as'
• The pest-control program includes preventative spraying for required.
indigenous insects.
IZI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

A plan was developed during this review to conduct inventories of hazardous substances and update the current MSDS file.

The addition of maintenance, inspection, and testing of fire suppression equipment would enhance the fire plan.
(Safety and Emergency Procedures #1000.01 for the Alhambra City Jail)

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AUDITOR'S SIGNATUREiDATE
J/V
~
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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
HOLD ROOMS IN DETENTION FACILITIES

POLICY: HOLD ROOMS WILL BE USED ONLY FOR TEMPORARY DETENTION OF DETAINEES AWAITING REMOVAL, TRANSFER,EOIR HEARINGS,
MEDICAL TREATMENT, INTRA-FACILITY MOVEMENT, OR OTHER PROCESSING INTO OR OUT OF THE FACILITY.
COMPONENTS Y N NA REMARKS
The
.
hold rooms are situated within
.
the secure perimeter. ~ 0 0
The hold rooms are well ventilated, well lighted, and all activating
switches are located outside the room. ~ 0 0
The hold rooms contain sufficient seating for the number of detainees
held. ~ 0 0
. The walls and ceilings of the hold rooms are tamJl.er and escaJl.eproof. ~ 0 0
Individuals are not held in hold rooms for more than 12 hours. ~ 0 0
Male and females are segregated from each other. ~ 0 0
Detainees under the age of 18 are not held with adult detainees. The facility does not house
0 0 ~ juvenile detainees.
In older facilities, officers are within visual or audible range to allow Toilet facilities are located
detainees access totoilet facilities on a regular basis. ~ 0 0 inside the cells.
All detainees are given a pat down search for weapons or contraband All detainees are pat searched
before being placed in the room. ~ 0 0 prior to being placed in the
holding cells.
Officers closely supervise the detention hold rooms using direct
supervision (Irregular visual monitoring.).
~ 0 0
• Hold rooms are irregularly monitored every 15 minutes .
• Unusual behavior or complaints are noted.
[8J ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING
REMARKS:

Detainees are nonnally processed and immediately moved to the designated ICE housing area within an hour after their arrival at the
facility. The holding cells and housing units are located in the same area.

NATUREIDATE~j r-~
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KEY AND LOCK CONTROL
(SECURITY, ACCOUNTABILITY AND MAINTENANCE)

POLICY IT IS THE POLICY OF THE ICE SERVICE TO MAINTAIN AN EFFICIENT SYSTEM FOR THE USE, ACCOUNTABILITY AND MAINTENANCE OF ALL
KEYS AND LOCKS.
COMPONENTS Y N NA REMARKS
Facility policies and procedures address the issue of compromised keys Facility policy, FM 0900.06,
and locks. Key Control, does not address
0 ~ 0 the issue of compromised keys
and locks.
Padlocks and/or chains are prohibited from use on cell doors. The review team did not observe
~ 0 0 any padlocks or chains being
utilized on any cell doors.
..
The entrance/exit door io'cl<:s to detainee living quarters, or areas with an

..
occupant load of 50 or more people, conform to:
• Occupational Safety and Environmental Health Manual, Ch. 3; ~ 0 0
National Fire Protection Association Life Safety Code 10 1.
Emergency keys are available for all areas of the facility. Emergency keys are maintained
in the Watch Commander
~ 0 0 Section of Alhambra City Jail
and Jail Administrator's Office.
The facilities use a key accountability system. The keys are counted at the start
~ 0 0 of each shift and documented in
the activliY log.
Authorization is necessary.to issue any restricted key. The facility does not have
0 0 ~ restricted keys.
Individual gun lockers are provided.
• They are located in an area that permits constant officer ~ 0 0
observation.
• In an area that does not allow detainee or public access.
All staff members are trained and held responsible for adhering to proper
procedures for the handling of keys.
• Issued keys are returned immediately in the event an employee
inadvertently carries a key ring home.
~ 0 0
• When a key or key ring is lost, misplaced, or not accounted for,
the shift supervisor is immediately notified.
• Detainees are not permitted to handle keys assigned to staff.
[:8] ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING

REMARKS:

Emergency keys are maintained in the Watch Commander Section and Jail Administrator's office. Policy should be developed
addressing compromised keys and locks.

b6, b7c July 9.2008 ) P


D
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AUDITOR'S SIGNATURE/DATE II

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POPULATION COUNTS

POLICY: ALL DETENTION FACILITIES SHALL ENSURE AROUND-THE-CLOCK ACCOUNTABILITY FOR ALL DE~AINEES. THIS REQUIRES THAT THEY
CONDUCT AT LEAST ONE FORMAL COUNT OF THE DETAINEE POPULATION PER SHIFT, WITH ADDITIONAL FORMAL AND INFORMAL COUNTS
CONDUCTED AS NECESSARY.
COMPONENTS Y N NA REMARKS
Staff conduct a fonnal count at least once each shift. There are five official counts
conducted during a 24 hours
period. Intennittent visual
[8] 0 0 inspections of all detainees are
conducted at least every 60
minutes and documented on
each cell's check log.
, , , ,
Activities cease or are strictly controlled while a fonnal count is 'being
conducted.
[8] 0 0
Fonnal counts in all units takeJJlace simultaneously. [8] 0 0
Detainee participation in counts is prohibited. [8] 0 0
Officers positively identify each detainee before counting him/her as
present.
[8] 0 0
Officers positively identify each detainee before counting himlher as
present.
[8] 0 0
Written procedures cover infonnal and emergency counts. Facility policy, FM 0900.05,
• They are followed during infonnal counts and emergenCies . Detainee Accountability,
[8] 0 0 paragraph 4, Emergency Counts,
.addresses this standard.
The control officer (or other designated position) maintains an out -
count record of all detainees temporarily leaving the facility.
[8] 0 0
[:gI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FIN'DING
REMARKS:

Official counts are conducted at 12:00 Midnight, 0300, 0600, 1600, and 2200 daily. The review team observed the 1600 count, there
were no discrepancies noted.

b6, b7c 'July 9.2008 jJ,r>? b6, b7c

AUDITOR'S SIGNATUREIDATE, ,

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SECURITY INSPECTIONS

POLICY: POST ASSIGNMENTS IN THE FACILITY'S HIGH-RISK AREAS, WHERE SPECIAL SECURITY PROCEDURES MUST BE FOLLOWED, WILL BE
RESTRICTED TO EXPERIENCED PERSONNEL WITH A THOROUGH GROUNDING IN FACILITY OPERATIONS.
COMPONENTS YES No. NA REMARKS
The facility has a comprehensive security inspection policy. Routine searches are conducted
~ 0 0 as necessary.
Every officer isrequir~d to conduct a securitY check ofhislher assigned
area. The results are documented. ~ 0 0
The front-entrance officer checks the ID of everyone entering or exiting
the facility. ~ 0 0
Ev~ry Control Center officer receives ~ecialized training. ~ 0 0
The Control Center is staffed around the clock. '. ~ .. 0 0 ..
Policy restricts staff access to the Control Center. ~ 0 0
Detainees are restricted from access to the Control Center. ~ 0 0
Officers monitor all vehicular traffic entering and leaving the facility. Vehicies do not enter the
0 0 ~ interior of the facility.
The facility maintains a log of all incoming and departing vehicles to The facility does not have a
sensitive areas of the facility. 0 0 ~ secure perimeter.
Officers thoroughly search each vehicle entering and leaving the facility. The facility is a city jail. No
0 0 ~ vehicles enter into the facili!Y-
Every search of the SMU and other housing units is documented. The facility does not have a
designated SMU. Searches of
~ 0 0 the housing units (when
conducted) are documented on a
"Cell Shake Down Log".
IZl ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING
REMARKS:

Security inspections are not conducted on a specific schedule due to the fluctuation of the detainee population; however routine
searches are conducted as deemed necessary.

b6, b7c
AUDITOR'S
lJuly9, 2008
GNATURE/DATE~r -.
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SPECIAL MANAGEMENT UNIT (SMU)
ADMINISTRATIVE SEGREGATION

POLICY: THE SPECIAL MANAGEMENT UNIT REQUIRED IN EVERY FACILITY ISOLATES CERTAIN DETAINEES FROM THE GENERAL POPULATION.
THE SPECIAL MANAGEMENT UNIT WILL CONSIST OF TWO SECTIONS. ONE, ADMINISTRATIVE SEGREGATION, l-{OUSES DETAINEESISO!-ATED FOR
THEIR OWN PROTECTION; THE OTHER FOR DETAINEES BEING DISCIPLINED FOR WRONGDOING (SEE THE "SPECIAL MANAGEMENT UNIT
[DISCIPLINARY SEGREGATION1" STANDARD).
. COMPONENTS Y N· NA REMARKS
The Administrative Segregation unit provides non-punitive protection
from the general population and individuals undergoing disciplinary The facility does not have a
segregation. 0 0 [g] designated administrative
• Detainees are placed in the SMU (administrative) in segregation unit.
accordance with written criteria.
.. . '
In exigent circumstances, staff may' 'place a detainee in the SMU
(administrative) before a written order has been approved. 0 0 [g]
• A copy of the order given to the detainee within 24 hours.
Administratively segregated detainees enjoy the same general privileges
as detainees in the general population. 0 0 [g]
The SMU is:
• Well ventilated;
• Adequately lighted; 0 0 [g]
• Appropriately heated; and
• Maintained in a sanitary condition.
All cells are equipped with beds.
• Every bed is securely fastened to the floor or wall. 0 0 [g]
The number of detainees in any cell does not exceed the occupancy
limit. D 0 [g]
Detainees receive three nutritious meals per day, from the general
population's menu of the day. 0 0 [g]
Each detainee maintains a normal level of personal hygiene in the SMU. 0 0 [g]
A health care professional visits every detainee at least three times a
week. 0 0 [g]
The SMU maintains a permanent log of detainee-related activity, e.g.,
meals served, recreation, visitors etc. 0 0 [g]
Staff record whether the detainee ate, showered, exercised, and took any
applicable medication during every shift. 0 0 [g]

IZI ACCEPTABLE DnEFICIENT D AT-RISK D REPEAT FINDING

REMARKS:

ICE detainees are housed separately from local prisoners or other prisoners. If it becomes necessary to separate ICE detainees from
each other, a designated cell (s) can be assigned as such within the ICE cellblock.

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SPECIAL MANAGEMENT UNIT
DISCIPLINARY SEGREGATION

POLICY: EACH FACILITY WILL ESTABLISH A SPECIAL MANAGEMENT UNIT IN WHICH TO ISOLATE CERTAIN DETAINEES FROM THE GENERAL
POPULATION. THE SPECIAL MANAGEMENT UNIT WILL HAVE TWO SECTIONS, ONE FOR DETAINEES IN ADMINISTRATIVE SEGREGATION; THE
OTHER FOR DETAINEES BEING SEGREGATED FOR DISCIPLINARY REASONS.
COMPONENTS Y N NA REMARKS
Officers placing detainees in disciplinary segregation follow written The facility does not have a
procedures. 0 0 ~ designated Special Management
Unit.
A completed Disciplinary Segregation Order accompanies the detainee
into the SMU. 0 0 ~
Standard procedures include reviewing the cases of individual detainees
housed in disciplin~ry segregation at set intervals. " 0 0 '.
~
The conditions of confinement in the SMU are proportional to the
amount of control necessary to protect detainees and staff. 0 0 ~
All cells are equipped with beds that are securely fastened to the floor or
wall of the cell. 0 0 ~
When a detainee is segregated without clothing, mattress, blanket, or
pillow (in a dry cell setting), a justification is made and the decision is 0 0 ~
reviewed each shift. Items are returned as soon as it is safe.
Detainees in the SMU receive three nutritious meals per day, selected
from the Food Service's menu of the day. 0 0 ~
Detainees are allowed to maintain a normal level of personal hygiene,
including the opportunity to shower and shave at least three times/week. 0 0 ~
A health· care professional visits every detainee in disciplinary
segregation every week day. 0 0 ~
All detainee-related activities are documented, e.g. meals served,
recreation activities, visitors, etc. 0 0 ~
SMU staff record whether the detainee ate, showered, exercised, took
medication, etc.
~
• Details about the detainee logged, e.g., a medical condition, 0 0
suicidaVviolent behavior, etc.

IZIACCEPTABLE DDEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

Discipline is not administered at Alhambra City Jail. If a detainee becomes a disciplinary problem, ICE is notified and the detainee is
removed as soon as possible.

b6, b7c /July 9, 2008 .


AUDITOR'S SIGNATUREIDATE
1 rp-
b6, b7c

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
TOOL CONTROL

POLICY: IT IS THE POLICY OF ALL FACILITIES THAT ALL EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLYING WITH THE TOOL CONTROL POLICY.
THE MAINTENANCE SUPERVISOR SHALL MAINTAIN A COMPUTER GENERATED OR TYPEWRITTEN MASTER INVENTORY LIST OF TOOLS AND
EQUIPMENT AND THE LOCATION IN WHICH TOOLS ARE STORED. THESE INVENTORIES SHALL BE CURRENT, FILED AND READILY AVAILABLE FOR
TOOL INVENTORY AND ACCOUNTABILITY DURING AN AUDIT:
COMPONENTS y N NA REMARKS
The facility has a tool classification system. Tools are classified
according to:
• Restricted (dangerous/hazardous); and 0 0 1ZI
• Non-Restricted (non-hazardous).
1ZI
Each facility has procedures for the issuance of tools to staff and
detainees .. 0 0
I2SI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING

REMARKS:

There are no tools maintained within the confmes of the facility. All facility maintenance is performed by the County Maintenance
Department or outside contractors.

b6, b7c
/July 9,2008
NATUREIDATEr
.fl
jI'- b6, b7c

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
TRANSPORTATION
LAND TRANSPORTATION

POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND
WELFARE OF OUR OFFICERS, HIE GENERAL PUBLIC, AND THQSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS
HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION
ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL.

IZI STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN
CONTROL OF THE DETAINEE CASE.
COMPONENTS YES No NA REMARKS
Transporting officers comply with applicable local, state, and federal
motor vehicle laws and regulations. Records support this fmding of 0 0 0
compliance. .' .' " .'
Every transporting officer required to drive a commercial size bus has a
valid Commercial Driver's License (CDL) issued by the state of 0 0 0
employment.
Supervisors maintain records for each vehicle operator. 0 0 0
Officers use a checklist during every vehicle inspection.
• . Officers report deficiencies affecting operability; and
• Deficiencies are corrected before the vehicle goes back into 0 0 0
service.
Transporting officers:
• Limit driving time to 10 hours in any 15 hour period;
• Drive only after eight consecutive off-duty hours;
• Do not receive transportation assignments after having been on
duty, in any capacity, for 15 hours;
• Drive a 50-hour maximum in a given work week; a 70-hour
0 0 0
maximum during eight consecutive days;
• During emergency conditions (including bad weather), officers
may drive as long as necessary and safe to reach a safe
area-exceeding the 10-hour limit.
Two officers with valid CDts required in any bus transporting detainees.
• When buses travel in tandem with detainees, there are two 0 0 0
qualified officers per vehicle.
• An unaccompanied driver may transport an empty vehicle.
Before thy start of each detail, the vehicle is thoroughly searched. 0 0 0
Positive identification of all detainees being transported is confirmed. 0 0 0
All detainees are searched immediately prior to boarding the vehicle by
staff controlling the bus or vehicle. 0 0 0
The facility ensures that the number of detainees transported does not
exceed the vehicles manufacturer's occupancy level. 0 0 0
Protective vests are provided to all transporting officers. 0 0 0
The vehicle crew conducts a visual count once all passengers are on

..
board and seated.
Additional visual counts are made whenever the vehicle makes a
scheduled or unscheduled stop.
0 0 0
Policies and procedures are in place addressing the use of restraining
equipment on transportation vehicles. 0 0 0
Officers ensure that no one contacts the detainees.
• One officer remains in the vehicle at all times when detainees 0 0 0
are present.
Meals are provided during long distance transfers.
• The meals meet the minimum dietary standards, as identified by 0 0 0
dieticians utilized by ICE.

Page 34 of39

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
TRANSPORTATION
LAND TRANSPORTATION

POLICY: THE IMMIGRATION AND NATURALIZATION SERVICE WILL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT THE LIVES, SAFETY, AND
WELFARE OF OUR OFFICERS, THE GENERAL PUBLIC, AND THOSE IN ICE CUSTODY DURING THE TRANSPORTATION OF DETAINEES. STANDARDS'
HAVE BEEN ESTABLISHED FOR PROFESSIONAL TRANSPORTATION UNDER THE SUPERVISION OF EXPERIENCED AND TRAINED DETENTION
ENFORCEMENT OFFICERS OR AUTHORIZED CONTRACT PERSONNEL.

I:8J STANDARD NA: CHECK THIS BOX IF ALL ICE TRANSPORTATION IS HANDLED ONLY BY THE ICE FIELD OFFICE OR SUB-OFFICE IN
CONTROL OF THE DETAINEE CASE.
COMPONENTS YES No NA REMARKS
The vehicle crew inspects all Food Service pickups before accepting
delivery (food wrapping, portions, quality, quantity, thermos-transport
containers, etc.). " " " "

• Before accepting the meals, the vehicle crew raises and resolves
D D D
questions, concerns, or discrepancies with the Food Service
representative;
• Basins, latrines, and drinking-water containers/dispensers are
cleaned and sanitized on a fixed schedule.
Vehicles have:
• Two-way radios;
• Cellular telephones; and D D D
• Equipment boxes stocked in accordance with the Use of Force
Standard.
The vehicles are clean and sanitary at all times. D D D
Personal property of a detainee transferring to another facility is:
• Inventoried; D D D
• Inspected; and
• Accompanies the detainee.
The following contingencies are included in the written procedures for
vehicle crews:
• Attack
• Escape
• Hostage-taking
• Detainee sickness
• Detainee death D D D
• Vehicle fire
• Riot
• Traffic accident
• Mechanical problems
• Natural disasters
• Severe weather
• Passenger list includes women or minors
IZI ACCEPTABLE o DEFICIENT .0 AT-RISK o REPEAT FINDING
REMARKS:

ICE provides the transportation for all of the ICE detainees.

b6, b7c
July 9,2008/ . ) fV
b6, b6, b7c
AUDITOR'S SIGNATUREIDAT:Y I

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
USE OF FORCE

POLICY: THE U.S. DEPARTMENT OF HOMELAND SECURITY AUTHORIZES THE USE OF FORCE ONLY AS ALAST ALTERNATlVE AFTER ALL OTHER
REASONABLE EFFORTS TO RESOLVE
' .
A SITUATION HAVE FAILED. ONLY THAT AMOUNT OF FORCE NECESSARY TO GAIN CONTROL OF THE
.DETAINEE, TO PROTECT AND. ENSURE THE SAFETY OF DETAINEES, STAFF AND OTHERS,.TO PREVENT SERIOUS PROPERTY DAMAGE AND TO
ENSURE INSTITUTION SECURITY AND GOOD ORDER MAYBE USED. PHYSICAL RESTRAINTS NECESSARY TO GAIN CONTROL OF ADETAINEE WHO
APPEARS TO BE DANGEROUS MAY BE EMPLOYED WHEN THE DETAINEE:·
COMPONENTS YES NO NA REMARKS
There is a use of force policy outlining immediate and calculated use of Alhambra City Jail Field Policy
IZI
force, and confrontation avoidance. Manual 0900.1, Use of Force
0 0 and Restraint Equipment,
addresses this standard.
Staff members are trained in the performance of~he Use-of-Force Team
Techn~que.
IZI 0 0 .' .'

All use-of-force incidents are documented and reviewed. IZI 0 0


Staff:
• Do not use force as punishment;
• Attempt to gain the detainee's voluntary cooperation before IZI 0 0
resorting to force;
• Use only as much force as necessary to control the
detainee; and
IZI
Medication may only be used for restraint purposes when authorized by
the Medical Authority as medically necessary. 0 0
IZI
In immediate-use-of-force situations, staff contacts medical staff once the
detainee is under control. 0 0
Special precautions are taken when restraining pregnant detainees. There are no written procedures
• Medical personnel are consulted 0 IZI 0 addressing the issue of
restraining a pregnant detainee.
The officers are thoroughly trained in the use of soft and hard restraints. IZI 0 0
IZI
For incidents involving calculated use of force, a videotape is made and
retain~d for review.
0 0
IZI ACCEPTABLE o DEFICIENT OAT-RISK o REPEAT FINDING

REMARKS:

There have been no use of force incidents involving ICE detainees; however, the facility has the capability to tape the incidents and
policy requires all participants to submit a report that is reviewed by the Operations Commander and Jail Administrator. Policy should
include procedures and precautions for restraining pregnant detainees.

b6, b7c

AUDITOR'S
1
/JuJy9. 2008
NATURE/DAT~"
(1/
b6, b7c

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
STAFF DETAINEE COMMUNICATIONS
-
POLICY: PROCEDURES MUST BE IN PLACE TO ALLOW FOR FORMAL AND INFORMAL CONTACT BETWEEN KEY FACILITY STAFF AND ICE STAFF
AND ICE DETAINEE AND TO PERMIT DETAINEES TO MAKE WRITTEN REQUESTS TO ICE STAFF AND RECENE AN ANSWER IN AN ACCEPTABLE TIME
. FRAME.
COMPONENTS Y ·N NA REMARKS

D
ICE infonnation request Fonns are available at the IGSA for use by ICE ICE fonns are not used, but
. detainees. 0 0 local request fonns suffice.
The IGSA treats detainee correspondence to ICE staff as Special FM Section 2400.04, Inmate
Correspondence. 0 0 0 Correspondence, indicates
compliance.
1ZI ACCEPTABLE DDEFICIENT D AT-RISK D REPEAT FINDING

REMARKS:

Review of policy and files, as well as, a discussion with local ICE staff indicated compliance.

b6, b7c
July 9. 2008
AUDITOR'SSIGNATURElDA1'
.JJ"-' b6, b7c

Page 37 of39

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
DETAINEE TRANSFER STANDARD

POLICY: ICEWILLMAKEALLNECESSARYNOTIFICATIONSWHENADETAINEEISTRANSFERRED.lFADETAINEEIS BEING TRANSFERRED VIA THE


JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO
TRANSFER ADETAINEE, ICE WlLL TAKE INTO CONSIDERATION WHETHER THE DETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT. IN
SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHINTHEREMOVALPROCESS,WHETHERTHEDETAINEE'S
ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE
TAKING PLACE.
COMPONENTS Y N NA REMARKS
When a detainee is represented by legal counselor a legal representative,
and a G-28 has been filed, the representative of record is notified by the
detainee's Deportation Officer. ICE staff in the Field Office
~ 0 0
• The notification is recorded in the detainee's file; and
. .
performs
..
these functions.
..
• When the A Pile is not available, notification is noted within
DACS
Notification includes the reason for the transfer and the location of the
new facili!y. ~ 0 0
The deportation officer is allowed discretion regarding the timing of the An interview with Mr b6, b7c
notification when extenuating circumstances are involved. Deportation Officer, indicated
~ 0 0 ICE FO stafffollows this
process.
The attorney and detainee are notified that it is their responsibility to
notify family members regarding a transfer. ~ 0 0
Facility policy mandates that:
• Times and transfer plans are never discussed with the detainee
prior to transfer;
• The detainee is not notified of the transfer until immediately 0 0 ~
prior to departing the facility; and
• The detainee is not permitted to make any phone calls or have
contact with any detainee in the general population.
The detainee is provided with a completed Detainee Transfer Notification
Form. ~ 0 0
Form G-391 or equivalent authorizing the removal of a detainee from a Equivalent forms (1-216) are
facility is used. ~ 0 0 used.
For medical transfers:
• The Detainee Immigration Health Service (or IGSA) (DIHS)
Medical Director or designee approves the transfer;
Medical transfers are completed
• Medical transfers are coordinated through the local ICE office; 0 0 ~ by ICE staff.
and
• A medical transfer summary is completed and accompanies the
detainee.
Detainees in ICE facilities having DIHS staff and medical care are
transferred with a completed transfer summary sheet in a sealed envelope
with the detainee's name and A-number, and the envelope is marked 0 0 ~
Medical Confidential.
For medical transfers, transporting officers receive instructions regarding
medical issues. 0 0 ~
Detainee's funds, valuables, and property are returned and transferred
with the detainee to hislher new location. ~ 0 0
Transfer and documentary procedures outlined in Section C and D are
followed. ~ 0 0
Meals are provided when transfers occur during normally schedule meal
times. ~ 0 0
An A File or work folder accompanies the detainee when transferred to a A Files are handled by the Field
different field office or sub-office. ~ 0 0 Office.

Page 38 of39

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© 2007 Creative Corrections, LLC (Rev. 12/8/07)
DETAINEE TRANSFER STANDARD

POLICY: ICE WILL MAKE ALL NECESSARY NOTIFICATIONS WHEN ADETAINEE IS TRANSFERRED. IF ADETAINEE IS BEING TRANSFERRED VIA THE
JUSTICE PRISONER ALIEN TRANSPORTATION SYSTEM (JPATS), ICE WILL ADHERE TO JPATS PROTOCOLS. IN DECIDING WHETHER TO·
TRANSFER A DETAINEE, ICE WILL TAKEINTOCONSIDERATION WHETHER THE j)ETAINEE IS REPRESENTED BEFORE THE IMMIGRATION COURT, IN
SUCH CASES, THE FIELD OFFICE DIRECTOR WILL CONSIDER THE DETAINEE'S STAGE WITHIN THE REMOVAL PROCESS, WHETHER THE DETAINEE'S
ATTORNEY IS LOCATED WITHIN REASONABLE DRIVING DISTANCE OF THE FACILITY, AND WHERE THE IMMIGRATION COURT PROCEEDINGS ARE
TAKING PLACE.
COMPONENTS Y N NA REMARKS
Files are forwarded to the receiving office via overnight mail no later than
one business day following the transfer. 1ZI 0 0
. . r8J ACCEPTABLE .. DDEFICIENT . D AT-RISK .0 REPEAT FINDING . .

REMARKS:

Most detainees are only housed at Alhambra for less than 24 hours so ICE Field Office staff administers the components of this
standard. Mr b6, b7c DDO, indicated in a telephone interview that Field Office staff coordinates movement of detainees and the
handling of all file information.

b6, b7c
AUDITOR'S
Y
SIGNATURElDA~~fr
July 9, 2008 b6, b7c

Page 39 of39

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)


© 2007 Creative Corrections, LLC (Rev. 12/8/07)
One Newark Center, 16th Floor
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Tel: (973) 639-1234 Fax: (973) 639-7298
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MEMORANDUM New Jersey Washington, D.C.

August 11, 2006

To: John P. Torres, Director, Office of Detention and Removal, Immigration and
Customs Enforcement
From: American Bar Association Delegation to Hudson County Jail (IGSA) in New
Jersey1
File no: 502130-0027
Copy to: (b)(6) , American Bar Association Commission on Immigration
Subject: Report on Observational Tour of the Hudson County Jail, Kearny, N.J.

I. Introductio n

This m emorandum evaluates and summ arizes our delegation’s findings regarding the
Hudson County Jail—an Intergovernmental Service Agreement facility in Kearny, New Jersey .
The information contained in this report was gath ered during our tour of the facility, and by way
of interviews with detainees and facility staff on July 26, 2006.

The Imm igration and Naturalizati on Service (INS) prom ulgated the “ INS Dete ntion
Standards” (“Standards”) in November 2000 to ensure the “safe, secure and hum ane treatment
of individuals detained by the INS.” The 38 Standards contained in the Detentio n Operations
Manual cover a broad spectrum of issues ra nging from visitation policies to grievance
procedures and food service. These standards apply to Servi ce P rocessing Centers (“SPCs”),
Contract Detention Facilities (“ CDF”), and state and local governm ent facilities used through
Intergovernmental Service Agreements (“IGSA”). The Detention Standards went into effect on
January 1, 2001, and were to have been im plemented at each facility by January 2003. The
Standards constitute a “floor” not a “ceiling” for treatment of detainees. In other words, they are
meant to establish the m inimal requirem ents that ICE m ust adher e to in the ope ration of its
facilities. Each Field Off ice or Of ficer in Ch arge ( “OIC”) of a f acility m ay, in his or he r
discretion, promulgate policies and practices affording detainees more rights and protections than
those provided for by the Standards.

1
The delegation was comprised of Latham & Watkins LLP attorney (b)(6) , and summer associates
(b)(6)

NJ\127499.3
Overall, the delegation f ound that the Hudson County Jail failed to adequately
demonstrate that it meets the Standards.

II. General

On the date of our visit, the facility had approxim ately 1,912 inm ates. Officer
b6,b7c (b)(6), (b)(7)c ”) served as our guide and inform ed us that there were
approximately 210-250 ICE detainees. 2 Of these ICE detainees, fewer than 30 were wom en.3
ICE pays the facility either $78 or $80 per detainee per day. 4 W hen asked about the dom inant
detainee country of origin, Officer (b)(6), (b)(7)c indicated there was no dominant country, but rather a
“big mix.”5 The average length of stay for detain ees is three months or less, but Officer (b)(6), (b)(7)c
explained that some stay longer due to pending court matters such as appeals.6

III. Legal Access: Visitation by Attorneys

A. Hours of Access

According to the Standards, legal visitation should be allo wed seven days a week for a
7
minimum of eight hours on weekdays and four hours on the weekends. The f acility m ust
provide notice of visitation rules in the de tainee handbook, and post the rules and hours where
detainees may easily see them.8

HCJ does not appear to meet this section of the Standards: attorney visitation hours
during the week fall short of the required eight hours; attorney access during the weekends
may be denied; and two detainees stated they had not received a handbook or notice of the
attorney v isitation policy. Lieu tenant (b)(6), (b)(7)c ”) infor med the delegation
that attorney visitation hours ar e as follows: Monday – F riday 9 a.m. - 1 p.m . and 6 p.m. – 9
p.m.; Saturdays and Sundays 9 a.m . – 12 p. m., 1 p.m . – 2 p.m., and 6 p.m. – 9 p.m. 9 Based on
this inform ation, legal visitation is only perm itted for seven hours a day on weekdays, which
falls one hour short of the Standards, whereas on weekends the attorney visitation policy allows
for seven hours of visitation per day, which exceeds the Standards. However, one detainee
informed the delegation that an officer at the facility told him attorney visitation on the weekends

2
Notes of delegation member on conversation with Officer C
3
Notes of delegation member (b)(6) on conversation with Officer C
4
Notes of delegation member on conversation with Officer C(b)(6), (b)(7)c
5
Notes of delegation member on conversation with Officer
(b)(6)
6
Notes of delegation member on conversation with Officer
7
Detention Operations Manual (DOM) Detainee Services Standard 17, Section III.I.2.
8
DOM Detainee Services Standard 17, Section III.B.
9
Notes of delegation member (b)(6) on conversation with Officer (b)(6), (b)(7)c

2
NJ\127499.3
was not permitted.10 This detainee, along with another detainee in a separate interview, had both
heard about an attorney who came to the facility on a Sunday to meet with a client for a Monday
court hearing, but was not permitted access.11

All detainees apparently do not receive the detainee handbook: two detainees stated that
they had never received the de tainee handbook or a docum ent explaining the attorney visitation
policy.12 However, a third detainee indicated that he did receive a detainee handbook.13

B. Access to Attorneys and Legal Representatives

According to the Standards, attorneys without Bar cards m ust be gran ted access if they
show other available docum entation.14 Addition ally, the Standards allo w an unaccom panied
legal assistant to meet with the detainee during legal visitation hours upon presentation of a letter
of authorization from the legal representative under whose supervision he or she is working.15

Hudson County Jail appears to meet this section of the Standards. Officer (b)(6), (b)(7)c
stated that Bar cards are required f or admittance, but if a v isitor’s state does not iss ue them, he
can obtain prior approval for the visitor.16 He also indicated that attorneys do not need to call the
jail prio r to their v isit.17 Paralega ls m ay visit detain ees, a s well as a ny interp reters, when
accompanied by an attorney or legal assistant.18

C. Privacy

According to the Standards, an attorney or leg al representative must be provided with a


private room to conduct a m eeting with possible visual, but no audio, observation. 19 Attorneys,
legal representatives, law student s and legal assistan ts sho uld be able to provide the detainee
with paper documents, and the detainee should have the right to retain or have reasonable access
to them.20

10
Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c
(b)(6)
11
Notes of delegation member , on conversation with Detainee (b)(6), (b)(7)c

(“Detainee (b)(6), (b)(7)c .


12
gation member (b)(6) , on conversation with Detainee (b)(6), (b)(7)c notes of delegation member
(b)(6) on conversation with Detainee (b)(6), (b)(7)c

13
Notes of delegation member (b)(6) , on conversation with Detainee (b)(6), (b)(7)c

14
DOM Detainee Services Standard 17, Section III.I.4.
15
DOM Detainee Services Standard 17, Section III.I.3.
16
Notes of delegation member on conversation with Officer
17
Notes of delegation member (b)(6) , on conversation with Office (b)(6), (b)(7)c
18
Notes of delegation member on conversation with Officer
19
DOM Detainee Services Standard 17, Section III.I.9.
20
DOM Detainee Services Standard 17, Section III.I.10.

3
NJ\127499.3
HCJ meets this sectio n of the Standards. The facility has six attorn ey room s and an
additional “large room ” available for attorney visits. 21 Lt. (b)(6), (b)(7)c told us that the attorne y
visitation room s are observed visually by the guards, but that the guards cannot hear the
conversations.22 One deta inee had an attorn ey visit and indic ated th at it was held in a priva te
room with no one else present. 23 This sam e detaine e was able to r etain docum ents that were
provided by his attorney.24

IV. Legal Access: Telephones

A. General Requirements

The Standards provide that facilities shall perm it detainees to have reasonable and
equitable access to telephones. 25 Facilities m ust provide at least one telephone for every 25
detainees.26 The Standards provide that the facility shall m aintain detainee telephones in proper
working order and that staff sha ll inspect the telephones regularly. 27 The Standards also s tate
that the facility m ust post the teleph one acces s ru les where detain ees ca n easily see them and
provide the detainees a written copy of the telephone access rules upon arrival.28

HDJ does not fully meet this section of the Standards: there are no telephone access
rules posted. The telephone service provider at the Hudson County facility is GTL. 29 There are
six phones in each housing unit or “pod,” in a public area. 30 There are an additional two phones
in the hallway,31 but it is unclear whether the detainees can use the phones in the hall. Of the six
phones in the housing unit, five were functional. 32 The m aximum capacity in a housing unit is
approximately sixty people; therefore, the one telephone per twenty-five detainees requirement
under the Standards is met.

21
Notes of delegation member , on conversation with Officer (b)(6), (b)(7)c
22
Notes of delegation member (b)(6) on conversation with Lt.(b)(6), (b)(7)c
23
Notes of delegation member , on conversation with Detaine
(b)(6), (b)(7)c
24
Notes of delegation member (b)(6) on conversation with Detainee
25
DOM Detainee Services Standard 16, Sections I & III.A.
26
DOM Detainee Services Standard 16, Section III.C.
27
DOM Detainee Services Standard 16, Section III.D.
28
DOM Detainee Services Standard 16, Section III.B.
29
Observation of delegation leader (b)(6)

30
Observations of delegation membe
31
Observations of delegation membe The new facility also contained six phones in each housing
(b)(6)
unit.
32
Observation of delegation member

4
NJ\127499.3
Lt. (b)(6), (b)(7)c seemed unsure of the procedur e for fixing a non-f unctional phone, but he did
state that the staff responds to complaints as they arise. 33 According to Detainee s (b)(6), (b)(7)c

(“Detainee (b)(6), (b)(7)c the phones are


usually in working order and they do not have problems.34

The delegation observed that there were no postings regarding the telephone access rules
in English or any other language. 35 Detainee (b)(6), (b)(7)c stated that he had never received a
handbook or any other written ru les regarding telephone access. 36 He stated that to use th e
phone he sought assistance from another detainee.37

B. Direct Calls and Free Calls

The Standards provide that detainees should be able to make free calls to consular offices
and to the ICE-provided list of fr ee legal service providers; they should be able to m ake direct
calls to local courts and governm ent offices, a nd to fa mily members in personal emergencies. 38
In addition, the facility shall Detainees in the Special Management Unit for disciplinary reasons
shall be permitted to make direct and/or free calls, except under compelling security conditions.39

HCJ does not meet th is section of the Standards: detainees apparently do not have
access to th e list of free lega l service providers; one detai nee reported difficulties reaching
consulates; and one detainee reported that he was denied telephone access for 11 days while
he was in disciplinary segregation. When using the phone, detainees can m ake collect calls or
purchase a phone card. 40 According to Lt. (b)(6), (b)(7)c phone car ds are generally used to place
international phone calls.41 The estimated cost of a phone card is $27.50 for 15 “units.”42

The delegation observed that a consulate list was posted near the phones, and it appeared
that the phones were pre-programmed to al low free phones calls to consular offices. 43 Detainee

33
Notes of delegation member on conversation with (b)(6), (b)(7)c
(b)(6)
34
Notes of delegation member on conversations with Detainee (b)(6), (b)(7)c

P (b)(6), (b)(7)c notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c and
Detainee (b)(6), (b)(7)c
35
Observation of delegation member (b)(6)

36
Notes of delegation member on conversation with Detainee
(b)(6) (b)(6), (b)(7)c
37
Notes of delegation member on conversation with Detainee
38
DOM Detainee Services Standard 16, Section III.E.
39
DOM Detainee Services Standard 16, Section III.G.
40
Notes of delegation member on conversation with Lt.
41
Notes of delegation member (b)(6) on conversation with Lt. (b)(6), (b)(7)c

42
Notes of delegation member on conversation with Lt. did not know how
much time a “unit” is. Detainee (b)(6), (b)(7)c ) informed the delegation that he had been
unable to speak with his family in Nigeria because Nigeria did not accept collect calls, and he could not afford to
purchase a phone card. Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c
43
Observation of delegation member (b)(6)

5
NJ\127499.3
s tated that co nsulate calls are free. 44 Detainee (b)(6), (b)(7)c stated that it was dif ficult to
(b)(6), (b)(7)c

connect to certain consulates, and told the dele gation tha t he had co mplained ab out ca lls to
consulates not working approximately three months prior to our visit, but to date the problem had
not been fixed.45 Detainee (b)(6), (b)(7)c said he was successful at calling the consulate in Trinidad.46

Outside of this provision for consulates , however, there was no procedure posted for
detainees to m ake phone calls with no charge. 47 There was also no list of free (pro-bono) legal
service providers posted near the phones. 48 L t. (b)(6), (b)(7)c stated that fo r a detainee to contact any
legal representative, the detainee must request permission from the on-site social w orker.49 Lt.
(b)(6), (b)(7)c explained that the social worker would d ial the number to ensur e that call w as in fact to

an atto rney or legal rep resentative.50 The deta inee would th en be perm itted to spea k with th e
legal representative. 51 Detainee (b)(6), (b)(7)c reported that he ha d tried to p lace a call to an attorney
but was unsuccessful because the so cial worker required the na me and nu mber of t he attorney,
and Detaine e (b)(6), (b)(7)c did not have this inf ormation.52 This is to be anticip ated given tha t
Detainee (b)(6), (b)(7)cwas never provided with a list of pro-bono attorneys.53

Lt. (b)(6), (b)(7)c stated that deta inees in disciplinary segrega tion are allowed the sam e phone
privileges as other detainees.54 However, Deta inee (b)(6), (b)(7)c stated that du ring his f irst 11 days in
the facility he was kept in disciplinary segregation and denied telephone access altogether.55

C. Telephone Access to Legal Representatives

The Standards provide that the f acility shall not lim it the number of calls that de tainees
place to their legal representatives. 56 If tim e limits are necess ary, they must be no shorter th an
20 m inutes.57 The Standards require that the faci lity ensure privacy fo r detainees’ telephone
calls regarding legal m atters, and that calls shal l not be electronically m onitored absent a court

44
Notes of delegation member (b)(6) on conversation with Detai
45
Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c
(b)(6)
46
Notes of delegation member on conversation with Detainee
47
Observation of delegation member
(b)(6)
48
Observation of delegation member
49
Notes of delegation member on conversation with
50
Notes of delegation member on conversation with (b)(6), (b)(7)c

51
Notes of delegation member on conversation with
52
Notes of delegation member (b)(6) on conversation with Detainee
53
Notes of delegation member on conversation with Detainee
(b)(6), (b)(7)c
54
Notes of delegation member on conversation with (b)(6), (b)(7)c

55
Notes of delegation member on conversation with Detainee
56
DOM Detainee Services Standard 16, Section III.F.
57
DOM Detainee Services Standard 16, Section III.F.

6
NJ\127499.3
order.58 If calls are m onitored, notification shall be given to detainees in the handbook and also
at each m onitored telephone. 59 The f acility must also notif y detainee s of the procedure f or
obtaining an unmonitored call to a court or legal representative.60

HCJ does not mee t t his sec tion of the Standards: telephone calls are generally
limited to 1 5 minutes per call; and it is unclear whether calls are mo nitored. Although no
time limit was posted, Lt. (b)(6), (b)(7)cstated that generally phones calls are lim ited to fifteen minutes
per call.61 The detainee handbook states th at “[t]ime limits will be m onitored and [the] call wi ll
be terminated automatically if [the detainee] exceed[s] the time limit.”62 There is no limit on the
amount of calls a detainee may place in a day. 63 Detainee (b)(6), (b)(7)c confirmed that phones could
be used during the tim es when detainees are not in lock down (i.e., 8:30 a.m . to 2: 30 p.m., or
4:30 p.m. to 10:30 p.m.)64

Generally phone calls are made from the pay phones located within the housing unit, in a
large, open area that is noisy and not conducive to private calls. 65 Detainee (b)(6), (b)(7)c stated that he
is discouraged from making phone calls because it is difficult to hear the party on the other lin e
due to the noise of the housing unit. 66 As indicated above, a social worker will place calls to a
legal representative in a privat e area, though it is unclear whether the social worker rem ains
present during the phone call.67

Lt. (b)(6), (b)(7)c stated that the faci lity does not m onitor phone calls. 68 However, Detainee
(b)(6), (b)(7)c stated that when m aking a phone call, an announcement is made to the receiving party

that the conversation may be monitored or recorded. 69 There is no notice regarding monitoring
posted near the telephones.70

D. Incoming Calls and Messages

58
DOM Detainee Services Standard 16, Section III.J.
59
DOM Detainee Services Standard 16, Section III.K.
60
DOM Detainee Services Standard 16, Section III.K.
61
Notes of delegation member (b)(6) on conversation with Lt. (b)(6), (b)(7)c
62
Hudson County Department of Corrections: English I.C.E. Detainee Handbook (issued 06/05), at page 3.
63
Notes of delegation member on conversation with Lt. (b)(6), (b)(7)c
(b)(6)
64
Notes of delegation member on conversation with Detainee
65
Observation of delegation member (b)(6) (b)(6), (b)(7)c

66
Notes of delegation member on conversation with Detainee
67
Notes of delegation member on conversation with Lt.
(b)(6) (b)(6), (b)(7)c
68
Notes of delegation member on conversation with Lt.
69
Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c

70
Observation of delegation member (b)(6)

7
NJ\127499.3
The Standards state that a facility sh all take and deliver telephone m essages to detainees
as promptly as possible.71

HCJ does not mee t t his sec tion of the Standards: there are no non-emergency
messages taken by the facility. According to L t. (b)(6), (b)(7)c no messages from attorneys are taken
or delivered to detainees. 72 Lt. (b)(6), (b)(7)cstated that detainees cannot take incom ing calls and that
there is no system for delivering m essages, unless the message is an em ergency.73 Lt. (b)(6), (b)(7)c
explained th at an em ergency cons tituted a d eath or serious health issu e of a f amily m ember.74
Detainee (b)(6), (b)(7)c als o stated th at deta inees never receive m essages unless there is an
emergency.75

V. Access to Legal Material

A. Library Access

The Standards provide that facilities shall perm it detainees access to a la w library for at
least five hours per week. 76 The Standards also s tate that d etainees housed in adm inistrative or
disciplinary segregation shall have law library access.77 The Standards provide that the Detainee
Handbook shall outline for the d etainees with the rules and procedures governing access to legal
materials, including the scheduled hours of visitation to the library and procedure for requesting
access.78

HCJ does not fully meet this s ection of the Standard: the Detainee Handbook does
not include hours of visitation. In addition , staff and detainee reports differed on other
requirements: although staff indi cated that detainees may access th e library for five hours
per w eek, one detainee stated th at detain ees have only tw o hours of library access per
week, and that his req uest for additional time was denied. This detainee also stated that h e
did not have access to the law library fo r 11 days w hile he w as in s egregation. Lt. (b)(6), (b)(7)c
told the delegation that the detainees were provi ded with at least five hours of access per week,
consistent with the Detainee Ha ndbook; however, Lt. (b)(6), (b)(7)c did not know the days or tim es of
detainee vis itation to th e law lib rary.79 Library personnel were al so unaware of designated
library access tim es for the detainees. 80 Detainee (b)(6), (b)(7)c stated that detainees cou ld visit the

71
DOM Detainee Services Standard 16, Section III.I.
72
Notes of delegation member on conversation with Lt.
73
Notes of delegation member on conversation with Lt. (b)(6), (b)(7)c
(b)(6)
74
Notes of delegation member on conversation with Lt.
75
Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c

76
DOM Detainee Services Standard 1, Section III.G.
77
DOM Security and Control Standard 13, Section III.D.18, and Standard 14, Section III.D.15.
78
DOM Detainee Services Standard 1, Section III.Q.
79
Notes of delegation member on conversation with Lt (b)(6), (b)(7)c Detainee Handbook at 6.
(b)(6)
80
Notes of delegation member on conversation with library personnel.

8
NJ\127499.3
library on Wednesdays and Fridays, however he was unaware of the visitation times.81 Detainee
(b)(6), (b)(7)c also stated tha t detainees were permitted in the lib rary on W ednesdays and F ridays, and

noted that the library hours we re from 1:30 p.m. to 2:30 p.m .82 Thus, according to Detainee
83
(b)(6), (b)(7)c there are only two hours of detainee library tim e per week. Detainee (b)(6), (b)(7)cindicated
he had requested additional library time and his request was denied without justification.84

Detainee (b)(6), (b)(7)c stated upon arrival to H udson County, he was pl aced in di sciplinary
segregation for 11 days. 85 During this tim e, he was not perm itted to use the law libra ry.86
Deportation Officer (b)(6), (b)(7)c ”) indicated that detainees are not restricted in
their access to the law library.

The Detainee Handbook indicates hours of libra ry operation, but it do es not indicate the
scheduled hours of detainee access to the library.88 The Detainee Handbook states:

The Law Library will opera te from 0830 hrs – 1530 hrs with all ICE Units guaranteed
five hours per week. The facility offers a library/law library for your reading pleasure
and legal reference. Legal material cannot be taken out of the library. Sign-up sheets are
posted in each dorm daily. You will be calle d from the list. Any book not in the facility
library can be requested through Info Link Library Services (hour s of operation for both
Library/Law Library is posted in each dorm).89

Although the handbook states that sign-up sheets are posted in each dorm, the delegation did not
observe any sign-up sheets posted in the housing un it, and detainees did not indicate that this
procedure was used.90

B. Library Conditions

The Standards provide that the law libr ary be in a design ated room with sufficient sp ace
to facilitate detainees’ legal research and writing .91 The Standards also provide that the library

81
Notes of delegation member on conversation with Detainee
82
Notes of delegation member on conversation with Detainee
83
Notes of delegation member on conversation with Detainee
(b)(6), (b)(7)c
84
Notes of delegation member (b)(6) on conversation with Detainee
85
Notes of delegation member on conversation with Detainee
86
Notes of delegation member on conversation with Detainee
87
Notes of delegation member on conversation with Deportation Officer (b)(6), (b)(7)c

88
Hudson County Department of Corrections: English ICE Detainee Handbook (issued 06/05, “Detainee
Handbook”), at 6.
89
Detainee Handbook, at 6.
90
Observations of delegation members (b)(6)

91
DOM Detainee Services Standard 1, Section III.A.

9
NJ\127499.3
should be in a well-lit and reasonably isolated room and contain a sufficient num ber of chairs
and tables to accommodate access to all detainees who request its use.92

HCJ appears to meet this sectio n of the Standards. The Hudson County facility
provided a law library in a separate, designated room .93 The library contained six tables, with
approximately four to fi ve chairs at each table. 94 The room was well- lit for reading p urposes.95
The room was reasonably isolated from noisy areas.96

The law library contained five com puters. 97 However, due to the rushed nature of the
library visit, the delegation was unable to confirm the functionality of each unit. Officer (b)(6), (b)(7)c
indicated that LexisNexis software was to be in stalled on the library computers.98 Additionally,
the recreation area co ntained two com puters accessib le by detain ees that co ntained the
LexisNexis software. 99 The delegation observed detainee s using the com puters, therefore
100
indicating their functionality. Detainee (b)(6), (b)(7)c stated tha t the re is o nly one typ ewriter f or
detainees to use.101

C. Legal Materials

The Standards provide that each fac ility libr ary sha ll c ontain a designated list of
materials found in Attachm ent A of the Standard “Access to Legal Materials.” 102 Addition ally,
the Standards provide that the library pos t a listing of its holdings. 103 Detainees m ay make
requests for additional legal materials, which shall be passed along to ICE; requests for copies of
court decisions will norm ally be available within three business days. 104 The Standards provide
that the facility shall desi gnate an em ployee with the re sponsibility for updating legal
105
materials. The designated e mployee should make weekly inspections and maintain the library
in good working condition. 106 Finally, the Standards require that the facility permit detainees to

92
DOM Detainee Services Standard 1, Section III.A.
93
Observation of delegation member
94
Observation of delegation member
95
Observation of delegation member (b)(6)

96
Observation of delegation member
97
Observation of delegation member
98
Notes of delegation member (b)(6) on conversation with Officer (b)(6), (b)(7)c

99
Observation of delegation member
(b)(6)
100
Observation of delegation member
101
Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c

102
DOM Detainee Services Standard 1, Section III.C.
103
DOM Detainee Services Standard 1, Section III.C.
104
DOM Detainee Services Standard 1, Section III.I.
105
DOM Detainee Services Standard 1, Section III.E.
106
DOM Detainee Services Standard 1, Section III.E.

10
NJ\127499.3
retain all pe rsonal lega l m aterial, u nless such m aterial creates a s afety, s ecurity, or sanitation
hazard.107

HCJ does not fully meet this s ection o f the Standard: althoug h legal ma terials
appear to be available at least on some of the computers, detainees who are not compute r
literate are unable to make use o f them, and th e library was missing hard copies of severa l
materials. In additio n, a list o f library ho ldings w as not posted, and detainees do not
appear to b e able to re quest additional materials. The library at the Hudson County Jail did
not have a list of its law library holdings posted, and upon request by th e delegation was unable
to produce a list. 108 Furthermore, the delegation’s first attempt to confirm the list of materials in
Attachment A was met with resi stance by Lt. (b)(6), (b)(7)c who stated that going
109
through the list of materials was too time-consuming. The delegates were, however, permitted
to return to the library after jail personnel prepared a display of immigration-related materials.110
Additionally, only the first page of Attachm ent A is include d in the Handbook; the rem aining
five pages were omitted.111

The following are the m aterials visually c onfirmed by the delegation as being in the
112
library; the m aterials w ere lo cated behind the libr arian’s d esk or in an anteroom accessib le
only by library personnel:

• US Constitution;
• United States Code, Title 8;
• Code of Federal Regulations, Title 8;
• Bender’s Immigration and Nationality Act Service;
• Bender’s INS Regulations Service;
• Black’s Law Dictionary.113

The following is a list of materials library staff indicated the library contained, although
these were not visually confirmed by the delegation:

• Spanish-English Law Dictionary;


• Other Translation Dictionaries (French, Arabic);
• Administrative Decisions Under Immigration and Nationality Laws;
• Rights of Prisoners;
• Federal Civil Judicial Procedure and Rules;

107
DOM Detainee Services Standard 1, Section III.K.
108
Observation of delegation member (b)(6)

109
Notes of delegation member (b)(6) on conversation with Lt. (b)(6), (b)(7)c

110
Observation of delegation member (b)(6)

111
Detainee Handbook.
112
Observation of delegation member
(b)(6)
113
Observation of delegation member

11
NJ\127499.3
• Federal Habeas Corpus, Practice and Procedure;
• Federal Criminal Code and Rules;
• Criminal Procedure Handbook.114

The following materials from Attachment A were confirmed as absent from the library:

• Detainee Handbook and Detainee Orientation Materials;


• Immigration Law and Defense, by the National Lawyers Guild;
• Immigration Law and Crimes, by the National Immigration Project of the National
Lawyers Guild;
• 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 from Women;
• Immigration and Naturalization Service Basic Law Manual;
• Lawyer’s Committee Handbook on Representing Asylum Applicants ;
• Legal Research in a Nutshell;
• Legal Research & Writing: Some Starting Points;
• Directory of Nonprofit Agencies that Assist Persons in Immigration Matters;
• Self-Help Materials.115

The delegation observed that there was no designated em ployee to review and update
legal materials.116 Officer (b)(6), (b)(7)cstated that all the materials were up to da te; he seemed to rely
on the periodic Lexis disk updates as evidence of this. 117 Officer (b)(6), (b)(7)c informed the delegation
that Lexis provided the facility with updates every few months.118 Officer (b)(6), (b)(7)c noted that the
Lexis software provided all materials that detainees would need that were not in hard copy in the
library;119 however, the Lexis materials would not include the HCJ Detainee Handbook.

Detainee (b)(6), (b)(7)c stated that he has not re quested any additional legal m aterials because
he found the Lexis disks were adequate for his purposes, 120 and Detainee (b)(6), (b)(7)c felt that th e
library was useful for re searching immigration cases. 121 Deta inee (b)(6), (b)(7)c noted that the lib rary

114
Observation of delegation member
115
Observation of delegation member (b)(6)

116
Observation of delegation member
117
Notes of delegation member on observation and conversation with Officer (b)(6), (b)(7)c

118
Notes of delegation member on conversation with Officer
(b)(6) (b)(6), (b)(7)c
119
Notes of delegation member on conversation with Officer
120
Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c

121
Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c

12
NJ\127499.3
did not provide m any immigration sources. 122 Detainee (b)(6), (b)(7)c used the books in the library,
but stated that it did not contain all of the Board of I mmigration Appeals decisions. 123 Only
computer literate detainees are ab le to access information on the computers.124 Detainee (b)(6), (b)(7)c
stated that many of the detainees do not know how to use the com puters.125 Addition ally, there
is no training or staff member to provide instruction and/or assistance on computer usage.126

Detainee (b)(6), (b)(7)c s tated that he was able to retain his personal leg al m aterials.127 In
addition, the delegation noted that during Detainee (b)(6), (b)(7)c interview, he had possession of his
personal legal material.128 This Standard is met.

D. Photocopies & Mail Supplies

The Standards provide that facilities m ust m ake copies of detainees’ legal do cuments
when such copies are reasonable an d necessary for a legal proceeding involving the detainee. 129
The Standards also indicate that facilities must provide detainees with envelopes and stam ps for
mail related to legal matters.130

HCJ substantially meet s this sect ion of the Standard; however, the co py machine is
apparently often broken. A copy m achine in working order was located in the law library. 131
A code is required to use the copy machine,132 and jail personnel m ake copies on behalf of the
detainees.133 Detainee (b)(6), (b)(7)c stated that he was able to obtain copies of legal m aterial free of
charge.134 In addition, he noted that he could pr int for free from the computers with Lexis. 135
Detainee (b)(6), (b)(7)c said that he ha d no problem s with obtaining copies. 136 However, Detainees
(b)(6), (b)(7)c stated that the machine is usually broken.137

122
Notes of delegation member on conversation with Detainee
(b)(6) (b)(6), (b)(7)c
123
Notes of delegation member on conversation with Detainee
124
Notes of delegation member (b)(6) on conversations with detainees.
125
Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c

126
Notes of delegation member on observation and conversation with Detainee (b)(6), (b)(7)c

127
Notes of delegation member (b)(6) on conversation with Detainee
(b)(6), (b)(7)c
128
Notes of delegation member on conversation with Detainee
129
DOM Detainee Services Standard 1, Section III.J.
130
DOM Detainee Services Standard 1, Section III.N.
131
Observation of delegation member
(b)(6)
132
Observation of delegation member
133
Notes of delegation member on conversation with officer and library personnel.
134
Notes of delegation member (b)(6) on conversation with Detainee
(b)(6), (b)(7)c
135
Notes of delegation member on conversation with Detainee
136
Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c

137
Notes of delegation member (b)(6) , on conversation with Detainee(b)(6), (b)(7)cnotes of delegation
member (b)(6) on conversations with Detainee (b)(6), (b)(7)c

13
NJ\127499.3
Lt. (b)(6), (b)(7)c s tated th at the Hudson County facility prov ides the neces sary stam ps and
envelopes to indigent detainees free of charge. 138 Detainee (b)(6), (b)(7)c stated that detainees could
send legal materials for free if they were without funds to do so.139 Detainee (b)(6), (b)(7)c stated that a
lot of detainees go to the libra ry to get f ree envelopes and that he has never had a proble m
getting stamps.140

E. Detainee Assistance

The Standards provide that detainees may assist one another in researching and preparing
legal documents; however, no d etainee shall b e a llowed to charge a fee or accept anything of
value for as sistance.141 The Standards provide that a f acility shall establish procedures to assis t
unrepresented, illiterate, or non- English speaking deta inees who wish to pursue a legal claim
related to th eir imm igration proceed ings or dete ntion, and must provid e them with m ore than
access to a set of English-language law books.142 The Standards suggest two procedures to meet
this obligation: 1) helping the detainee obtain assistance in using the lib rary and d rafting legal
documents with appropriate language and reading-wr iting abilities; and 2) assisting detainees in
contacting pro bono legal assistance organizations.143

HCJ does not fully meet this section of the Standard: there do not appear to be legal
materials in languages other th an English, and non–English speaking detainees have
difficulty. Lt. (b)(6), (b)(7)c stated that d etainees frequently ass ist each o ther in leg al research an d
preparation of legal m aterials.144 He a lso stated that detainees were not pe rmitted to charge for
such assistance.145 Detainee (b)(6), (b)(7)c informed the delegation that he assists other detainees free
of charge. 146 Detainee (b)(6), (b)(7)c also helps some of the oth er detainees do research on Lexis. 147
Detainee (b)(6), (b)(7)c stated that he did research in the library and th at a fellow detainee helped him
translate the material.148 Detainee (b)(6), (b)(7)c had never been as sisted by a fellow detainee, nor was
he aware that detainees were permitted to provide assistance to each other.149

138
Notes of delegation member on conversation with Lt. (b)(6), (b)(7)c
(b)(6)
139
Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c

140
Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c

141
DOM Detainee Services Standard 1, Section III.K.
142
DOM Detainee Services Standard 1, Section III.L.
143
DOM Detainee Services Standard 1, Section III.L.
144
Notes of delegation member on conversation with Lt.
(b)(6), (b)(7)c
145
Notes of delegation member (b)(6) on conversation with Lt.
146
Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c

147
Notes of delegation member on conversation with Detainee
(b)(6) (b)(6), (b)(7)c
148
Notes of delegation member on conversation with Detainee
149
Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c

14
NJ\127499.3
The delegation observed that the law libra ry did not contain any non-English legal
material.150 However, library personnel stated they had a Spanish-English Dictionary. 151
Detainee (b)(6) noted that it is particularly difficult for non-English sp eaking detainees because
little or no resources are provided in other languages.152

VI. Group Presentations on Legal Rights

According to the Standards, a ttorneys and acc redited repr esentatives have th e rig ht to
conduct group legal right s presentations in detention facilities. 153 The facility must post
informational posters in the housing units 48 hours in advance of a presentation.154

It is unclear whether HCJ meets this Standard: two detainees interviewed were not
aware of any of the presentations at HCJ. Lt. (b)(6), (b)(7)cindicated to us that the ACLU had been
conducting such presentations approxim ately on ce a m onth since last April, but that the
presentations had previously not been as frequent. 155 A sign-u p list is po sted in a common area
for detaine es.156 Pa ralegals a nd ot her l egal st aff a re permitted to give presentations, and
detainees are permitted to speak pr ivately with presenters a fter the m eeting.157 Interp reters are
permitted to assist attorneys and their s taff in communicating with non–English speakin g
detainees.158 Lt. (b)(6), (b)(7)cexplained that the only reas on a detainee would be denied the right to
attend a group rights presentation would be for disciplinary reasons or if they were in protective
custody.159

Only one of the seven detainees that were asked had attended a group rights presentation
at the Hudson Country Jail. 160 Two of the detainees had seen group rights presentations at the
Middlesex County Jail but stated they had not heard of any such presentations at Hudson County
Jail.161

150
Observation of delegation member (b)(6)

151
Notes of delegation member (b)(6) on conversation with library personnel.
152
Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c

153
DOM Detainee Services Standard 9, Sections I, III.A.
154
DOM Detainee Services Standard 9, Section III.C.
155
Notes of delegation member on conversation with Lt.
156
Notes of delegation member on conversation with Lt.
157
Notes of delegation member on conversation with Lt. (b)(6), (b)(7)c
158
Notes of delegation member (b)(6) on conversation with Lt.
159
Notes of delegation member on conversation with Lt.
160
Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c

161
Notes of delegation member on conversation with Detainees (b)(6), (b)(7)c

(“Detainee (b)(6), (b)(7)c ”).

15
NJ\127499.3
VII. Conditions Regarding Other Provisions of the Standards

A. Correspondence

The Standards state that incom ing general corr espondence shall be inspected for
contraband in the presence of detainees. Incom ing legal m ail can be opened and inspected for
contraband in the presence of detainees, but o fficials are n ot perm itted to read o r copy th e
correspondence.162 The Standards require that ind igent detainees be p ermitted to send at leas t
three pieces of general corresponden ce and five pieces of special correspondence per week, free
of charge.163

It is unclea r whether HCJ fully meets this Standard, because it is unclear w hether
indigent detainees are permitted to send the required amount of mail free of charge. One
detainee stated that officials only opened pe rsonal m ail, and only in the pres ence of the
detainee.164 Another detainee stated that officials had opened his legal mail, but that it was in his
presence.165 He also stated that the m ail takes a long tim e.166 Another detainee stated that
Hudson County Jail sells stamps for more than the United States Postal Service rate of $0.39 per
stamp.167

According to Officer (b)(6), (b)(7)c, Hudson County Jail permits indigent detainees (defined as
those with less than $3 in their accounts) to send three pieces of mail per week.168 It was unclear
whether this was the allowance for general correspondence, legal correspondence, or both.

B. Medical Care

The Standards require that all detainees have access to medical services that promote
detainee health and general well-being.169 For detainees who are held in detention for over six
months, routine dental care may be provided.170

It is uncle ar whether HCJ fully meets this Standard: detainees indicated that
medical and dental ca re are no t adequate. Hudson County Jail provides form s for detainees

162
DOM Detainee Services Standard 3, Sections III.B, E, & F.
163
DOM Detainee Services Standard 3, Sections III.I, and Standard 1, Section III.N.
164
Notes of delegation member on conversation with Detainee
(b)(6)
165
Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c

166
Notes of delegation member (b)(6) on conversation with Detainee noted
that he had sent a legal letter d after two weeks with a notice that there was not enough postage.
167
Notes of delegation member on conversation with Detainee(b)(6), (b)(7)c
(b)(6)
168
Notes of delegation member on conversation with Officer (b)(6), (b)(7)c
169
DOM Health Services Standard 2, Section I.
170
DOM Health Services Standard 2, Section III.E.

16
NJ\127499.3
which they can f ill o ut to rece ive m edical atten tion.171 Em ergency situations receive an
immediate response, with no form required.172 Medical services are provided by Hudson County
and Correctional Health Services (CHS).173 The facility has approxim ately six to e ight doctors,
25-30 nurses, and four mental health professionals on site.174

Only one of the detainees we spoke to had required medical (non-dental) attention while
at Hudson County Jail; he required treatment for a fungus and s ought medical advice on his diet,
as he is a s trict non-dairy vegetarian.175 He stated that he received satisfactory treatment for the
fungus but did was not satisfied with the assistance he received with his nutritional concerns. 176
He stated th at he has n ot received sufficient greens, iron, or protein; nor has he received any
supplements to compensate for these deficiencies. He also stated he was told that vegetarianism
was a privilege, not a right.177

Two detainees indicated that the dental policy was “extraction only,” and as a result, they
had lost num erous teeth. 178 A third detain ee ha d seen the dentis t abou t a too thache.179 He
indicated that he was s uspicious of the dentistr y at the f acility, howeve r, and the refore did not
have the cavity filled, and that ICE would not take him to see an outside dentist.180

C. Detainee Classification

The Standards require that detention facilities use a classification system and physically
separate detainees into different categories.181 High level twos and level threes m ay be housed
together, bu t under no circum stances will level two detainees with a history of assaultive
behavior be housed with level one detainees.182

It is unclea r whether HCJ meets this Standard, because it is uncle ar whether high
and low le vel tw os are appropriately housed. Some inm ates from the county jail are
commingled with ICE detainees.183 Inmates at Hudson County Jail are classified by a numerical

171
Notes of delegation member on conversation with Lt.
172
Notes of delegation member on conversation with Lt.
(b)(6), (b)(7)c
173
Notes of delegation member on conversation with Lt.
174
Notes of delegation member (b)(6) on conversation with Lt.
175
Notes of delegation member on conversation with Detainee
176
Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c

177
Notes of delegation member on conversation with Detainee
178
Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c

179
Notes of delegation member on conversation with Detainee
(b)(6)
180 (b)(6), (b)(7)c
Notes of delegation member on conversation with Detainee
181
DOM Detainee Services Standard 4, Section I.
182
DOM Detainee Services Standard 4, Section III.F.
183
Notes of delegation member (b)(6) on conversation with Lt. (b)(6), (b)(7)c

17
NJ\127499.3
system: each inm ate is class ified as a one, two, or three, with on e be ing the lea st violen t and
three being the m ost violent. 184 Ones are never housed with thr ees, but twos can be m ixed with
either ones or threes.185

D. Detainee Transfer

The Standards require ICE to notify a detainee’s counsel of record that the detainee is
being transferred. 186 Detainees m ay make telepho ne calls upo n arrival at their f inal destination;
indigent detainees m ay m ake one dom estic call at government expense. 187 A detain ee’s leg al
materials must accompany the detainee to the new facility.188

It is unclear whether HCJ fully meets this Standard: one detainee was not informed
he could make a telephone call upon arrival at the facility. Three detainees w e spoke with
had been transferred to Hudson County Jail from other detention centers. One of these detainees
made a telephone call to his lawyer. 189 Another was not told that he could m ake a phone call
upon his arrival at Hudson County Ja il, and did not ask to do so. 190 He stated that h e knew his
legal materials had been transferred with him.191

E. Detainee Handbook

The Standards state th at every facility will d evelop a site-sp ecific detainee handbook to
serve as an overview of, and guide to, the detention policies, rules, and procedures in effect at the
facility.192 A copy of the detainee handbook shall be provided to detainees upon their arrival.193

It is unclea r w hether HCJ meets this Standard; tw o de tainees sta ted that the y did
not receive a copy of the handbook upon their arrival at the facility. Lt. (b)(6), (b)(7)c informed the
delegation that every detainee was provided with a handbook upon arrival.194 Although Detainee
195
(b)(6), (b)(7)c confirmed that he received a copy of the handbook upon admission, Detainee (b)(6), (b)(7)c

184
Notes of delegation member on conversation with Lt.
(b)(6) (b)(6), (b)(7)c
185
Notes of delegation member on conversation with Lt.
186
DOM Security and Control Standard 4, Section III.A.
187
DOM Security and Control Standard 4, Section III.G.
188
DOM Security and Control Standard 4, Section III.E.
189
Notes of delegation member on conversation with Detainee
190
Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c

191
Notes of delegation member on conversation with Detainee
192
DOM Detainee Services Standard 6, Section I.
193
DOM Detainee Services Standard 6, Section I.
194
Notes of delegation member on conversation with Lt. (b)(6), (b)(7)c
(b)(6)
195
Notes of delegation member on conversation with Detainee (b)(6), (b)(7)c

18
NJ\127499.3
did not receive a handbook and wa s unaware of its existence. 196 As noted above, Detainee
197
(b)(6), (b)(7)c also indicated he did not receive a handbook. The delegation in itially requested to see
198
a copy of the handbook on f ile at the library. However, as noted a bove, the library did not
contain the handbook.199 The delegation requested a copy of the handbook for the delegation, as
200
well as a copy for Detainee (b)(6), (b)(7)c. Copies were provided. However, Officer (b)(6), (b)(7)c
interrupted the delegation’s interview with Detainee (b)(6), (b)(7)c to question him as to whether he was
being truthful about not receiv ing a handbook. 201 Detainee (b)(6), (b)(7)c adamantly stated that he was
being truthful.202

IX. Conclusion

Overall, the delegation f ound that the Hudson County Jail failed to adequately
demonstrate that it m eets the Standards. The fa cility and ICE should take steps to ensure that
detainees’ rights under the Standards are being met.

To facilitate access to legal representatives, Hudson County Jail should ensure that
attorney visitation hours are adequate and that weekend visits are accommodated. HCJ should
also ensure that indigent detainees are able to send the required amount of legal mail, free of
charge.

Detainees should be provided access to the list of free legal service providers. Detainees
should be able to place legal telephone calls in private. Telephone calls should be not be cut off
after 15 minutes. HCJ must take telephone messages from legal representatives; without this
access, attorneys are only able to contact their clients by mail, which is not sufficient and does
not meet the Standards.

To facilitate access to legal materials, Hudson County Jail should ensure that materials
are updated and available in the library, and that detainees who are not computer literate or who
do not speak English receive assistance.

Detainees in disciplinary segregation should be provided with access to telephones and to


the law library.

Hudson County Jail should ensure that all detainees receive a copy of the handbook upon
admission, and a copy should be available at the library.

196
Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c

197
Notes of delegation member (b)(6) on conversation with Detainee (b)(6), (b)(7)c

198
Observation of delegation member
199
Observation of delegation member
200
Observation of delegation member (b)(6)

201
Observation of delegation member during interview with Detainee
(b)(6), (b)(7)c
202
Observation of delegation member during interview with Detainee

19
NJ\127499.3
Facility Name: HUDSON COUNTY JAIL, Kearny, New Jersey
Date of Tour: July 26, 2006

(b)(6)
Tour Participants: Latham & Watkins LLP attorney and summer associates
(b)(6)

*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.

ICE Standard* Delegation Report Source ICE Response

1. Standard 17, Visitation ƒ Two detainees stated that they did not receive a

(b)(6), (b)(7)c
ƒ III.B. Notification. The facility shall provide written handbook or other notice of the attorney visitation
notification of visitation rules and hours in the policy. (p.3 ¶2)
detainee handbook …. The facility shall also post these
rules and hours where detainees can easily see them.
2. Standard 17, Visitation ƒ Legal visitation is only permitted for seven hours a
ƒ III.I.2. Hours. The facility shall permit legal visitation day on weekdays (p.2 ¶4)

(b)(6), (b)(7)c
seven days a week, including holidays. It shall permit ƒ One detainee stated that an officer at the facility
legal visits for a minimum of eight hours per day on told him attorney visitation on the weekends was
regular business days, and a minimum of four hours not permitted. This detainee and another had
per day on weekends and holidays. … heard that an attorney who came to the facility on
ƒ III.I.14. Pro Bono List. [ICE] shall provide the facility a Sunday to meet with a client for a Monday court
with the official list of pro bono legal organizations, hearing was not permitted access. (p.2 ¶4; p.3 ¶1)
which is updated quarterly by the [EOIR]. The facility ƒ There is no list of free legal organizations posted Delegation
shall promptly and prominently post the current list in near the phones; and detainees apparently do not observations;

(b)(6), (b)(7)c
detainee housing units and other appropriate areas. have access to the list, but must request a call
through a social worker. (p.6 ¶2)

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3. Standard 16, Telephone Access ƒ There are no telephone access rules posted in Delegation
ƒ I. Facilities holding [ICE] detainees shall permit them English or any other language. In addition, one observations;

(b)(6), (b)(7)c
to have reasonable and equitable access to telephones. detainee stated that he had never received a Detainee
ƒ III.A. The facility shall provide detainees with handbook or any other written rules regarding
reasonable access to telephones during established telephone access, and that he had sought
facility waking hours …. assistance from another detainee in order to use

(b)(6), (b)(7)c
ƒ III.B. [T]he facility shall provide telephone access rules the phone. (p.5 ¶2)

(b)(6), (b)(7)c
in writing to each detainee upon admittance, and also ƒ Lt. stated that generally phones calls are Lt.
shall post these rules where detainees may easily see limited to fifteen minutes per call. The detainee Detainee
them. handbook states that “[t]ime limits will be Handbook.
ƒ III.F. The facility shall not restrict the number of calls monitored and [the] call will be terminated
a detainee places to his/her legal representative, nor automatically if [the detainee] exceed[s] the time
limit the duration of such calls by rule or automatic limit.” (p.7 ¶2)
cut-off, unless necessary for security purposes or to
maintain orderly and fair access to telephones. If time
limits are necessary for such calls, they shall be no
shorter than 20 minutes, …. The facility may place
reasonable restrictions on the hours, frequency and
duration of the other direct and/or free calls listed
above [i.e., “other” than calls to detainee’s legal
representatives].

(b)(6), (b)(7)c
4. Standard 16, Telephone Access ƒ One detainee stated that it was difficult to connect Detainee
ƒ III.E. The facility shall not require indigent detainees to certain consulates, and that he had complained
to pay for [legal, court-related, consular, emergency about calls to consulates not working
calls] if they are local calls, nor for non-local calls if approximately three months prior to our visit, but
there is a compelling need. The facility shall enable all to date the problem had not been fixed. (p.6 ¶1)
detainees to make calls to the [ICE]-provided list of ƒ There is no procedure posted for detainees to Delegation
free legal service providers and consulates at no charge make free calls to parties other than consulates. observations
to the detainee or the receiving party. (p.6 ¶2)
ƒ As noted above, there is no list of legal service Delegation
providers posted near the phones, and one observations; Lt.

(b)(6), (b)(7)c
detainee stated that he was not provided with a
list. Detainees request permission to place free
calls to legal representatives, but they must first
provide a social worker with the name and
telephone number of the attorney. (p.6 ¶2)

ABA Commission on Immigration - Detention Standards Implementation Initiative 7 /18/2007


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(b)(6), (b)(7)c
5. Standard 16, Telephone Access ƒ Lt. stated that detainees cannot take

(b)(6), (b)(7)c
ƒ III.I. The facility shall take and deliver telephone incoming calls, and there is no system for
messages to detainees as promptly as possible. When delivering messages, except in an emergency. (p.8
facility staff receives an emergency telephone call for a ¶2)
detainee, the caller’s name and telephone number will
be obtained and given to the detainee as soon as

(b)(6), (b)(7)c
possible.
6. Standard 16, Telephone Access ƒ Although Lt. stated that the facility does not
ƒ III.J. … Facility staff shall not electronically monitor monitor phone calls; however, one detainee stated
detainee telephone calls on their legal matters, absent a that when making a phone call, an announcement is

(b)(6), (b)(7)c
court order. made to the receiving party that the conversation may
be monitored or recorded. (p.7 ¶4)

(b)(6), (b)(7)c
7. Standard 16, Telephone Access ƒ Lt. stated that detainees in disciplinary
ƒ III.G. Staff shall permit detainees in the Special segregation are allowed the same phone privileges
Management Unit for disciplinary reasons to make as other detainees. However, one detainee stated
direct and/or free calls … except under compelling that during his first 11 days in the facility he was
security conditions. These conditions shall be kept in disciplinary segregation and denied
documented. telephone access altogether. (p.6 ¶3)
8. Standard 1, Access to Legal Material ƒ A list of library holdings is not posted. (p.11 ¶2) Delegation
ƒ III.C. The law library shall contain the materials listed ƒ Several materials from Attachment A were observations.
in Attachment A. … The facility shall post a list of its missing from the library, including the Detainee
holdings in the law library. Handbook, Immigration Law and Defense, and Delegation
Immigration Law and Crimes. (p.12 ¶2) Officer observations;

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

(b)(6), (b)(7)c
indicated that all materials were available Officer .
on Lexis disks on the computer. However, this
would not include the Detainee Handbook. (p.12
¶4)

(b)(6), (b)(7)c
ƒ Many detainees do not know how to use the
computers, and there is no training or staff
member to provide instruction or assistance. (p.13
¶1)

ABA Commission on Immigration - Detention Standards Implementation Initiative 7 /18/2007


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(b)(6), (b)(7)c
9. Standard 1, Access to Legal Material ƒ stated that detainees were provided
ƒ III.G. The facility shall…permit all detainees, with at least 5 hours of library time per week. (p.8
regardless of housing or classification, to use the law ¶4) However, one detainee stated that only two

(b)(6), (b)(7)c
library on a regular basis. Each detainee shall be hours are permitted per week: Wednesdays and
permitted to use the law library for a minimum of five Fridays from 1:30 to 2:30 p.m., and that his
(5) hours per week. request for additional time was denied. (p.9 ¶1)
ƒ III.M. Detainees housed in … Segregation units shall ƒ One detainee did not have access to the library
have the same law library access as the general during the 11-day period that he spent in
population, unless compelling security concerns segregation upon his arrival at the facility.

(b)(6), (b)(7)c
require limitations. However, Officer stated that library access
Security and Control Standard 14, Special Management is not restricted. (p.9 ¶2)
Unit (Disciplinary Segregation)
ƒ III.D.15. When developing the schedule for law
library-access, the OIC will set aside blocks of time for
the detainees in disciplinary segregation. …
10. Standard 1, Access to Legal Material ƒ Although two detainees said they were able to Detainees
ƒ III.J. The facility shall ensure that detainees can obtain copies, three detainees stated that the copy
obtain copies of legal material …. machine is usually broken. (p.13 ¶4)

(b)(6)
.
11. Standard 1, Access to Legal Material ƒ The Detainee Handbook includes hours of library
ƒ III.Q. The detainee handbook … shall provide operation, but it does not include the scheduled Handbook;
detainees with the rules and procedures governing hours when detainees may access the library. (p.9 library personnel.
access to legal materials, including … 2. the scheduled ¶3) Library personnel were also unaware of the
hours of access to the law library; 3. the procedure for access times for detainees. (p.8 ¶4)
requesting access to the law library; ….
12. Standard 1, Access to Legal Material ƒ Some detainees assist one another with legal
ƒ III.L. Unrepresented … non-English speaking detainees research; however, one detainee had not received

(b)(6), (b)(7)c
who wish to pursue a legal claim related to their assistance and did not know that it was permitted.
immigration proceedings or detention and indicate (p.14 ¶3)
difficulty with the legal materials must be provided with ƒ The library does not contain any non-English legal
more than access to a set of English-language law books. material, and one detainee stated that this makes it
Facilities shall establish procedures to meet this particularly difficult for non-English speaking Delegation
obligation, such as: 1. helping the detainee obtain detainees. (p.15 ¶1) observation,

(b)(6), (b)(7)c
assistance in using the law library and drafting legal Detainee
documents … 2. assisting in contacting pro bono legal-
assistance organizations from the [ICE]-provided list.

(b)(6), (b)(7)c
13. Health Services Standard 2, Medical Care ƒ One detainee indicated that he had not been provided Detainee
ƒ I. All detainees shall have access to medical services that with adequate nutrition. (p.17 ¶2)

(b)(6), (b)(7)c
promote detainee health and general well-being. ƒ Two detainees have lost numerous teeth due to the
“extraction only” dental policy. (p.17 ¶3)

ABA Commission on Immigration - Detention Standards Implementation Initiative 7 /18/2007


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(b)(6), (b)(7)c
14. Standard 6, Detainee Handbook ƒ stated that all detainees receive a Detainee

(b)(6), (b)(7)c
ƒ I. Every OIC will develop a site-specific detainee Handbook upon arrival. However, two detainees
handbook to serve as an overview of … the detention indicated they did not receive a Detainee Handbook
policies, rules, and procedures in effect at the facility … when they arrived at the facility. (p.18 ¶5)
Every detainee will receive a copy of this handbook upon
admission to the facility.

ABA Commission on Immigration - Detention Standards Implementation Initiative 7 /18/2007


5
One Newark Center, 16th Floor
Newark, New Jersey 07101-3174
Tel: (973) 639-1234 Fax: (973) 639-7298
www.lw.com

FIRM / AFFILIATE OFFICES


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MEMORANDUM Wa shington, D.C.
December 1, 2003

To: Anthony Tangeman, Deputy Executive Associate Commissioner, Office of


Detention and Removal, Bureau of Citizenship and Immigration Services
From: American Bar Association Delegation to Hudson County Jail (IGSA) in New
Jersey 1
File no: 502130.0012
Copies to: b6 ABA Commission on Immigration Policy, Practice and Pro Bono
Subject: ABA Detention Center Review Project – Hudson County Jail Delegation

I. Introductio n

This m emorandum evaluates and summa rizes facts gathered and findings
regarding the Hudson County Jail, an Intergovern mental Service Agreement facility in Kearn ey,
New Jersey. The inform ation was gathered via observation of the facility by the delegation and
interviews with detainees and facility staff on August 21, 2003. 2

The Imm igration and Natura lization Service (INS) prom ulgated the “ INS
Detention Standards ” in Novem ber 2000 to insure the “saf e, secure and hum ane treatm ent of
individuals detained by th e I NS.” The t hirty-six Standards contained in the Detention
Operations Manual cover a broa d spectrum of issues r anging f rom visitation polic ies to
grievance procedures and food service. These standards apply to Service Processing Centers
(“SPCs”), Contract Detention Facilities (“CDF”), and sta te and local government facilities used
through Intergovernm ental Service Agreements (“IGSA”). The De tention Standards went into
effect on January 1, 2001, and were to have been implemented at each f acility by January 2003.
The Standards constitute a “floor” not a “ceiling” for tr eatment of detainees. In other words ,

1
The delegation was composed of Latham & Watkins attorneys b6

b6 b6 b6 b6 and b6

2
The delegation was initially informed that our visit would be limited to approximately
one hour, despite discussions with BICE personnel to the effect that the visit would take
several hours. After negotiation, it was agreed that the delegation would return later in
the afternoon to continue the visit. The delegation was on-site for between two to three
hours total.

NJ\78531.1
they are meant to establish the minimal requirements that BICE m ust adhere to in the op eration
of its facilities. Each Field Office or Officer in Charge (“OIC”) of a facility may, in his or her
discretion, promulgate policies and practices affording detainees more rights and protections than
those provided for by the Standards.

Overall, the delegation f elt that the f acility had m ade a substantial ef fort to
implement the Standards. However, the following problems were noted by the delegates during
the course of our visit:

• The law library lacks several of the required materials; and

• The facility’s policies re garding delivery of telephone m essages, posting of


required telephone numbers for legal assistance, and communication with
other detained f amily members do not com port with the req uirements of the
Standards.

II. General

The facility has a capacity of approxim ately 1800 and currently houses
approximately 1750. Of these, at the date of our visit, 211 were ICE detainees, including eleven
female detainees. The delega tion was inf ormed that the d etainees wer e f rom “all over,” with
most com ing from “Hi spanic coun tries.” W hen pressed for the repres entation of particular
countries, the officers could not or would not pr ovide more information. It is not known wha t
percentage were crim inal detain ees, as Sgt. b6, b7C the facility’s U.S. Federal / ICE
Liaison, stated that he preferred not to know what charges had been levied against detainees. He
also could not comment on the average length of stay, stating that was “up to the INS.”

The ICE male detainees are housed separately, in “A Pod.” 3 These men have two
tiers and share a sectio n with federal m arshal inm ates. Each tier h ouses appro ximately 50
people. The fem ale ICE detainees are housed w ith other inmates in “B Pod.” Sgt. Rivera said
there were no problems in the women’s tier, and in fact it was the “best” place to be.

III. Observations of Implementation of Legal Access Standards

A. Visitation By Attorneys

1. Hours of Access

3
A new pod – E – is being built, which will have 512 beds for ICE and federal marshal inmates.
The projected completion date is mid-2005.
2
NJ\78531.1
According to the Standards, legal visitation should be allowed seven days a week
for a minimum of eight hours on weekdays and four hours on the weekends. Hudson County Jail
facilitates this standard by permitting attorneys access to their clients 24 hours a day, seven days
a week. If the attorney is joined by support staff, they m ay also visit the inmate, but the support
staff cannot visit an inm ate without the attorney present. Sgt. b6, b7C indicated that attorneys
should call ahead to inf orm whomever is on staff of the attorney’s arriva l. Generall y, attorneys
are only per mitted to bring paper a nd a writing implement into the vis itation room. Attorneys
who wish to use special equipm ent, such as laptop computers or books, m ust get special
permission from the District Dire ctor. During our visit, the de legation obs erved a n a ttorney
using a laptop during her interview with an inmate.

2. Access (Attorneys and Legal Representatives)

According to the Standards, attorneys without Bar cards must be granted access if
they show other available doc umentation. Mental and m edical health professionals and
interpreters with appropriate identification should be allowed entry. Hudson County Jail perm its
attorneys to enter the facility with any form of valid identification.

Mental and m edical professionals and inte rpreters m ay also enter the ja il, bu t
according to Sgt. b6, b7C the jail has seven in-ho use physicians and there is rarely a n eed to seek
off-site medical assistance. Sgt. b6, b7C noted, however, that, if necessar y, off-site medical staff
could visit the jail also.

3. Privacy

According to the Standards, an attorney or legal repr esentative must be provided


with a private room to conduct a m eeting with possible visual , but no audio, observation.
Attorneys, legal repr esentatives, law students and legal assistants should be able to prov ide the
detainee with paper docum ents, and the detain ee should have the right to retain or have
reasonable access to them.

There are at leas t six attorney vis itation rooms that perm it open contact between
attorney and client. These room s are quiet and ad equately sized for use by two or three persons.
In accordan ce with th e Detention Standards, there was visual m onitoring, but no audio
monitoring. Attorneys who desire a non-contact vis it are certainl y permitted to do so, but Sgt.
Rivera rem arked attorneys never request non-cont act visitation. However, after any type of
contact visit, detainees are strip searched.

Visitation at Hudson County is continuous , even if a count or m eal break


coincides with the vis it. If meals are served during an atto rney visit, Sg t. b6, b7C explained that

3
NJ\78531.1
detainees will have their meal brought to them. As described by non-ICE inmate b6, b7C

however, meals missed due to an attorney visit ar e saved for the inmate to permit him/her to eat
it later. 4 In addition, attorneys are permitted to bring an interpreter if necessary. While the staff
does not provide interpreters, staff are permitted to offer informal assistance if necessary.

4. Strip Searches

Hudson County Jail is an IGSA facility. As such, H udson County is permitted, in


accordance with the Standards, to strip search detain ees after a con tact v isit as a m atter o f
course. According to S gt. b6, b7C detainees or attorneys are perm itted to request a non-contact
visit in order to avoid the m andatory strip search, but according to Sgt. b6, b7C this option is
hardly ever requested. In contrast, an anonym ous detainee interviewed by the delegation noted
that non-co ntact v isits are only perm itted from Monday through T hursday. However, this
detainee claims to have not had any visitors. 5 This same anonymous detainee noted that families
often have to wait a long time before actually meeting with their detained family members. 6

5. Detainee Information

According to the Standards, only legal rep resentatives can contact th e facility to
find out if a detainee is detained at that particular facility. Hudson County permits these types of
inquiries. In fact, attorneys seeking to visit deta inees outside of norm al business hours are
encouraged to call and announce their visit.

B. Visitation By Family & Friends

1. Hours

According to the Standards, visiting hours should be clearly posted and p ermitted
during set hours on weekends and holidays. More over, special arrangements should be available
for family members who are unable to visit during regular visiting hours. Visits should be for at
least 30 m inutes in duration. Acco rding to Sgt. b6, b7C the visita tion schedule is posted in the
cell blocks and in the Inmate Handbook.

Visitation is permitted for one hour on weekdays from 9am-12pm; 1pm-3pm; and
6pm – 9pm . If norm al visiting hours are a hard ship for family members, special arrangements
can be made. They are dealt with on an individualized basis, normally through a social worker.

4
See Notes of Interview with b6, b7C (Facility staff inadvertently referred Mr. b6, b7C to
delegation members, despite the delegation’s request to speak with de tainees rather than f ederal
inmates.)
5
See Notes of Interview with “ b6, b7C ”
6
Id.
4
NJ\78531.1
There is no lim itation on the type of family that can visit a detainee, b ut if another immediate
family m ember happens to also be incarcerat ed at Hudson County, there is no provision for
permitting them to visit each oth er. One detainee reported that the names of visitors m ust be
included on a lis t in adv ance of their visit and c hanges to the list are permitted only every f ew
months. As a result, visitors who could not be listed may be precluded from visiting.

2. Restrictions on Visitors

The Standards im pose no lim itation on the number of persons who can visit a
detainee. At Hudson County Jail, immediate fam ily, relatives, friends and associates m ay visit.
However, only two m inors m ay visit any detainee per visit. Contact vi sits a re a llowed and
accommodated at Hudson, but as indicated previousl y, detainees are strip searched after contact
visits.

If a vis itor wishes to give a detainee m oney, the Standards provide that this
should be perm itted an d that the money should be given to a design ated staff mem ber, who
should provide the donor with a receipt. If a vis itor wishes to leave mone y for a detainee, this
must be done by United States Postal Serv ice Money Order. The receipt on the money order
serves as the depositor’s receipt, and the inmate is given a receipt that the money has been placed
in his commissary account.

C. Telephone Access

The Standards provide that facilities shall permit detainees to have reasonable and
equitable access to telephones.

The delegation was inform ed that all phone s for detainees are contained in the
housing tiers. (There are pay phones in at le ast one hallway, but they are only for use by
employees.) Each tier has 6 phones. As each tier houses approxim ately fifty people, overall it
appears that Hudson has a sufficient num ber of phones available. T he delegation was not
permitted on the tier itself, so it could not be verified that the phones were in working order,
although we were told that all did work. Sgt. b6, b7C stated that, if a phone did not work, it would
be “written up” and Verizon would be brought in to im mediately f ix it. One inte rviewee
commented that the length of time it took for a phone to be fixe d depended greatly on the officer
on duty. Another noted that the phones are often broken and would “cut out” during calls or fail
to work entirely.

From the housing tier phones, detainees can make collect and calling card calls.
However, the prepa id calling cards f or sale in th e commissary are only f or international calls, 7

7
Sgt. b6, b7C stated that a private vendor is currently trying to negotiate a contract with ICE to let
inmates call foreign countries directly through a third party.
5
NJ\78531.1
and according to an interviewee, o ne card co sts $27.50 and provides o nly 15 m inutes of callin g
time. Another interviewee stated that collect calls cost $5.00 for the first m inute and $0.90+ for
each m inute thereafter. Calls can be m ade fr om after the count (approxim ately 8 :00 or 8:30
a.m.) until 10:00 p.m.

The delega tion dete rmined that th ere ar e sev eral p roblems with re gard to
telephone access at Hudson. First, there was not hing posted on the walls next to the telephone,
although the Standards state that “[l]ists of pro bono agencies should be posted by each phone
along with multilingual instru ctions on how to ope rate the phone.” The delegation was told by
Sgt. Rivera that instructions for using the phone were provided in the detainees’ handbook,
which, he said, is given to detainees when they fi rst enter the facility and is available in English
or Spanish. 8 One detainee indicated he had received a handbook in Spanish, his native language,
but another stated that he had not received any written materials when he arrived at the facility.

The Standards require that detainees be able to call their attorneys without charge
and discuss their legal cases on the phone “in a private envir onment.” At Hudson, detainees
must make a request in writing to call their atto rneys and then place that requ est in a box on the
tier. A social worker picks up these requests on ly once a day, and then br ings one detainee at a
time to the social work er’s office to log and place the call. The call is free and no t monitored
(Sgt. b6, b7C stated that no calls at H udson were monitored), but the social worker remains in the
room during the call. S gt. b6, b7C informed us that it is f acility policy that an inm ate is neve r
allowed to be in a room by himself or hersel f. (One i nmate appeared to be in the laundry room
by himself during our tour, however.) There is no tim e limit for calls to attorneys, although Sgt.
b6, b7C noted that “we don’t expect them to talk for an hour.” Also, the calls are not interrupted,

even for a “ count.” If a detainee wants to talk to an attorney m ore than once a day, Sgt. b6, b7C
said that is to “be worked out” among the attorney, the social worker, and the detainee.

Hudson’s procedure for taking and deliv ering m essages falls short of the
Standards’ dictate th at the “facility should receive and deliver phone m essages for a detainee
promptly.” At Hudson, there ar e no procedures for delivering messages of any sort, including
messages to or from attorneys. This was confir med by the interviewees. In such a situation, the
only exception is if th ere is an emergency, such as a death in a detainee’s family. Then offi cers
will contact the app ropriate religious personnel, and that person will deliver th e message to the
detainee. If the detainee has a personal emergency, however, the only way for the detainee to get
that information to f amily members is by m aking a collect call. (Sgt. b6, b7C indicated that the

8
The delegation requested a copy of the handbook in all available languages. Sgt. b6, b7C said he
would take the request to County Counsel for perm ission to send copies to us. To date, we have
not received the handbook.
6
NJ\78531.1
officers “don’t get invo lved in perso nal matters.”) The Standards state that detainees should be
able to call family members if there is a personal emergency.

Detainees are permitted to call cons ulates and their a ttorneys for free. However,
the consulate numbers are not av ailable, as required by the Standards. ICE provides the facility
with a consulate list, which the social worker gives out as appropriate. The numbers for clerks of
various courts, attorney com plaints, public advo cates, and consulates ar e posted in the lib rary,
although the listings were undated and seem ed fairly old. If other fam ily members are detained,
there is no cont act unless they share the same t ier. No pho ne calls to detained family members
are permitted, in contravention of the Standards’ requirement that “[d]etainees shou ld be able to
contact their other detained family members without cost.”

C. Legal Materials

The Standards mandate that the Hudson facility shall establish and maintain a law
library. The library m ust be ad equately lighted, reasonably qui et, and large enough to support
legal research and writing. It m ust also contai n an adequate num ber of tables and chairs to
accommodate all detainees who wish to use the f acility, and must provid e a flexible schedule in
order to perm it all detainees us e of the law library for a m inimum of five hours per week.
Finally, the library should provide one typewrite r or computer per five detainees, as well as
sufficient writing m aterials and texts to enable detainees to conduct research and prepare legal
documents.

A. Materials

Of the texts and periodicals contained on the “List of Legal Reference Materials
for Detention Facilitie s,” the libr ary at the Hudson County Jail contained many of the
publications listed. Nonetheless, many volumes were outdated.

7
NJ\78531.1
Of the thirty publications listed, the facility carried seventeen. 9 Of the seventeen
texts, only two were 2003 editions . These publicati ons included: Immigration Law and
Defenses and Federal Civil Procedure and Rules . In addition to the te xts contained on “List of
Legal Reference M aterials for Detention Facilities ,” the library carries a plethora of other legal
texts and research tools that are not listed, but which should be noted: Federal Practice Digests,
New Jersey Reporters, F ederal Reporters, New Je rsey Digests, Suprem e Court Reporters and a
current New Jersey Lawyers’ Diary. While these other legal texts are located in the main library
and readily accessible to detainees, the imm igration texts are located behind the ref erence desk.
A detain ee must spec ifically requ est a par ticular immigration tex t in o rder to review it. Th e
walls of the library contain various postings, including attorney reference num bers and legal
research tips.

Officer b6, b7C is th e of ficer who genera lly superv ises the lib rary. She is
responsible for updatin g the m aterials. Officer b6, b7C updates/checks the m aterials when
updates/pocket parts are sent to her from the publishers of the texts. She receives updates twice a
month, but only for certain texts. If a detainee requests a text that the library does not carry, that
detainee must speak to a social worker in an attempt to obtain the m aterial. This procedure may
or may not result in the detain ee receiving the requested text. One of the de tainees stated that if
the library does not carry a requested publicatio n, the librarians do not provide any assistance in
obtaining the text.

The detainees interviewed acknowledged that they are aware of the legal
materials in the library. Alt hough one detainee stated that he has not experienced any problem s
when using the lib rary’s materials, another detainee commented that the m aterials are accessible
only “if you know what you’re looking for.”

9
These publications included: Constitution of the United States of America: Analysis and
Interpretation, United States Code - Title 8, Code of Federal Regulations - Title 8,
Benders Immigration and Nationality Act Serv ice, Bender’s INS Regulation Service,
Administrative Decisions Under Immigra tion & Nationality Laws (both bound volumes
and the interim decisions), Immigration Law and Defense, Immigration Law and Crimes,
Federal Civil Judicial Procedure and Rules, United S tates Code - Title 28, Federal
Criminal Code and Rules, Cr iminal Procedure (Hornbook) (two copies), Legal Research
and Writing : Some St arting Points; Black’s Law Dictionary, Directory of Nonprofit
Agencies that Assist Persons in Immigration Matters, Translation Dictionary (Portuguese
only) and Self-Help Materials. Generally, the texts are in good condition.
The library did not contain “ Florence Project’s ‘Know Your Rights ’” packets. This was
confirmed by one of the detainees.
One of the detaine es that we in terviewed c ommented that the f acility “ can re ally
improve” the library, noting that many texts are missing.
8
NJ\78531.1
B. Library Conditions

The library is a designated room in the facility, sufficiently large to accommodate


legal research and writing. The library is well lit and reasonably isolated from noisy areas. The
library contains approximately six tables, twenty- one chairs and three sm all desks. The room is
divided into two sections and a m aximum of twenty detainees are permitted in the library at on e
time (ten per section). The room appears to accommodate the facility’s maximum.

The library contains one operational com puter, but no printer. W riting
implements, paper, envelopes and other office supplies are provided free of charge and in
unlimited amounts, however, a detainee m ust request the supplies, as they are located behind the
reference desk. This was confirmed by one of the detainees.

The library is open weekdays f rom 9 a.m . to 3 p.m . 10 The library is clo sed on
weekends and holiday s. The facility prov ides rotating schedules for detainees’ libr ary us e
depending on whether they are state, federal or ICE detainees. A d etainee can use the f acility
one time per week. One of the detainees comm ented that this policy was recently changed from
twice a week to once a week.

A detainee does not have to choose betw een recreation tim e and library tim e.
This was confirmed by one of the detainees that we interviewed.

Detainees in iso lation/segregation a re no t permitted to visit th e libr ary. They


must specifically request a book, which is brought to them by an officer. The problem with this
practice is that unless the isolated detainee knows what publication to request, he or she is unable
to access library services.

C. Photocopies and Mail

The lib rary has one p hotocopier. Detain ees are pe rmitted to m ake unlim ited
copies. Both detaine es that we in terviewed stated tha t they are not perm itted to use th e
photocopier them selves; rather, a library staff member makes all copies for detainees upon
request.

The facility provides free envelopes to a ll detainees and f ree stamps for all legal
mail. Stamps are requested at the library and the facility mails the items for the detainees. One

10
The detainees that we interviewed stated th at they were not aware of the library’s hours
of operation.
9
NJ\78531.1
of the detainees stated that the facility pays for all leg al m ail and all correspond ence m ailed
within the United States, however each detainee must pay for his or her own international mail.

D. Computer Access

As mentioned, the library contains one operational computer, which is equipped


with a CD-ROM and immigration law m aterials. Detainees are perm itted to save m aterial on a
diskette, but they are not perm itted to bring the diskette back to their cell. Off icer b6, b7C is
responsible for safekeeping detainees’ diskettes. Also, as mentioned, the computer does not have
an attached printer. W ithout printing capabilities it app ears that a d etainee is on ly permitted to
view the immigration materials from the library’s computer station.

Although Officer b6, b7C stated that detainees are perm itted to use the
computer, one detainee explained that library st aff and civilian legal assis tants are the on ly
individuals that are permitted to use the computer.

D. Group Rights Presentations

Several organizations provide group rights presentations at the facility. Sgt.


b6, b7C stated that an organization called Hori zon and Amnesty Interna tional conduct various
presentations. Another orga nization, possibly Am nesty International, also shows a video
entitled “Know Your Rights.”

IV. Other General Observations Unrelated to the Legal Access Standards

A. Recreation Issues

The facility provides outdoor recreation fo r inm ates/detainees. In bad weather,


the inm ates have access to indoo r facilities. In mates/detainees gen erally exercise or play
basketball and football. The facility does not permit weightlifting. In mates/detainees receiv e
one hour of recreation each day.

B. Education Classes

The facility offers a nu mber of daily cl asses to inm ates/detainees. Thes e classes
include GED, literacy, drug education and parenting.

C. Medical Issues/Health Access

10
NJ\78531.1
In order to receive m edical attentio n, an inm ate/detainee must m ake a request.
Such a request puts him on “sick call.” The in mate/detainee is then seen by staff doctor. If the
situation is an emergency, the facility contacts emergency medical services.

The facility has a num ber of doctors on sta ff. The doctors are county employees.
The facility also em ploys eight coun selors who are available 24 hours a day, 7 days each week.
If a counselor deem s an inm ate/detainee unstable, he is sent to an outside facility for a
psychiatric evaluation.

D. Religious Issues

The facility offers weekly religious services on site. The serv ices are offered in a
number of denom inations includi ng Catholic, Baptist, Penteco stal, Methodist and Muslim .
Religious counseling is also avai lable. The facility has an im am, a m inister, and a deacon on
staff from Monday through Friday and during weekend services.

The facility provides sp ecial diets. To receive a special diet an inm ate/detainee
must subm it a request to the religious coo rdinator. In mates/detainees m ay possess certain
religious items including crucifixes and prayer rugs.

E. Detainee Classification

At the Hudson County Jail m ale BICE deta inees are segregated from the general
population and are therefore not su bject to the classification syst em used for other prisoners.
There is no sub-classification sy stem for detain ees, in part because BICE does not inform the
Hudson County facility why the detainee is being held. Although detainees are held in a separate
pod, they are co-mingled with other federal detainees.

Female detainees are mixed in with th e general population apparently because


there are not enough female detainees at the Hudson County facility to fill a pod.

F. Dietary Requirements

Detainees and other in mates m ay request special dietary accomm odations for
health or religious reasons. The detainee is required to fill out a form which is signed by a doctor
or religious official and that in formation is provided to the kitchen staff who have a roster of
detainees that require special meals.

G. Detainee Work Program

11
NJ\78531.1
Detainees at the Huds on County Jail are not perm itted to participate in any
voluntary work programs.

H. Grievance and Disciplinary Procedures

Detainees who have complaints m ay file an Inm ate Grievance Form . Form s are
reviewed daily by an ombuds man who sends them to the appropriate officer or staff m ember to
address.

The policy regarding disciplinary segregat ion is the sam e for detainees and other
inmates. All disc iplinary segregation is on a f ifteen day in/one day out cycle regardless of th e
total number of days of the sentence. Inmates spend fifteen days segregated followed by one day
“out” with the other detainees or inmates. They are in segregation for twenty-three hours per day
and given one hour out for all other needs including showers, recreation and attorney visits.

Restraints are placed on detain ees only if they present a dang er to them selves or
others. After an inm ate has been restrain ed h e is check ed by a doctor and the restraints are
removed one at a time.

Administrative segregation is used o nly instances in which a n inmate will pose a


security risk. According to Sgt. b6, b7C de tainees are segregated only if they are “known
trouble-makers.”

Medical quarantine is used to isolate detainees who have a contagious illness. If,
following a m edical ex am, an inmate is de termined to be contagious, he will im mediately be
isolated.

I. BICE Presence

BICE inspects the Hudson County Jail on a yearly basis. Detention and
Deportation officers are present at the Hudson County fa cility alm ost daily. Higher ranking
officers may be brought in if necessary. A deta inee who would lik e to contact BICE staff m ust
fill out a form and give it to a social worker w ho will pass on the request to BICE. It is not clear
whether detainees may also ask the correction officers to put them in contact with BICE.

J. Facility Management

The staff at the Hudson county jail appeared both knowledgeable and
professional. The staff that works with detainees are trained as correction officers and receive no
special training or instru ction with r egard to the detainees. According to Sgt. Rivera, very little
has changed at the Hudson County Facility si nce the implem entation of the INS Detention
Standards. Following the im plementation of the Standards detainees were separated from the

12
NJ\78531.1
general pop ulation and given a f ew additiona l pr ivileges, m ost nota bly add itional visitation
rights.

V. CONCL USION

With two exception s, the f acility a ppears to h ave substan tially im plemented th e
Standards. Those exce ptions a re: (1) the f acility’s law library lacks severa l of the required
materials; and (2) the facility’s policies regarding delivery of telephone messages, posting of the
required telephone numbers for legal assistance, and allowing detained fam ily m embers to
communicate do not comport with the Standards. Those issues aside, however, the delegation’s
review demonstrates that the Hudson County facility substantially comports with the Standards.

13
NJ\78531.1
Department of Homeland Security
Bureau of Immigration & Customs Enforcement
4002 Lincoln Drive
Marlton, New Jersey 08053

FACSIMILE
Transmit to Fax # : (973) 639-7298
Voice Telephone#:
Name
Organization

Transmitted from Fax #: (856) 489-0945


Voice Telephone #
Name
Organization : DHS/ICE
Transmission Date : August 8, 2006
Number of Pages Being Transmitted: 6
(This cover sheet is not included in the page count)

Contents I Comments:

H** If the receiver did not receive the L;orrect nurnbeJ: of pages/ please call theIQli~sa:in5fteG10mll
request retransmission * ... **)"'i<
U.S. DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

/lIIlIIigratioll Court: Newark and Elizabeth

List of Legal Servicc Providcrs


(July 2006)

Catholic Community Services


976 Broad Street Newark, New Jersey 07102
Tel: (973) 733·3516 Fax: (973) 733·9631
All cases Including asylnm (May charge a nominal fee)
• •
International (nstuute
( Journal Square, 4" Floor Jersey City, New Jersey 07306
Tel: (201) 653·3888 Ext.20 Fax: (201) 963·0252
All cases including asylum (May charge a nominal fcc)
• •
EI Centro l1ispauo ADlericano


(Formerly The Center For Central American Refugees)
525 East Front Street Plainfield, New Jersey 07060
Tel: (908) 753·8730 Fax: (201) 753·8463 •
All cascs Including asylum (May charge a lIonlinal ree)
Legal Services Of New Jersey
100 lIletropler Drive, PI.lnfield Ann"e Edison, NJ.OS818
. Tel: (732) 572·9100 Ext.2JI Hot Line: 1·888-576-5529
(please call the hot linc number first when placing a call to this office.)
•• •
Lutheran Soci.IMinistri •• Of New Jersey
Lutheran Immigration and Refugee Program
Mailing Address: P.O. Do. 30 Trenton, New Jersey 08601
189 South Broad Street Trenton, New Jersey 08601
Tel; (609)393-4900
• •
All cases Including asylum (May charge a nominal fec)
American Friends Service Committee
[mUlign.it Rights Program
Director: Elissa Sleclieh
89 Market Slreet, 6" Floor Newark. New Jersey 07102
Tel: (973) 643-1924
• •
All cases including asylum (May charge a nominnl ree)

Human Rights First


Contact person: Joanna Lydgate or Ruthi. Epstein
333 Se"enth Avenue, 13" noor New York, New York 10001
Tel: (212) 845·5200 Detention: (212) 629·6170
Fax: (212) 845-5299 .
• •
Asylum Seeker Only
Catholic Family & Community Services
24 DeGrasse Street raterson, New Jersey 07505
Tel: (973) 279·7100
All cases including asylum

Tbe Hebrew Immigrant Aid Society
333 Seventb Avenue New York, New York 10001·5004
Tel: (212) 613·1420 Fax: (212) 967-4442
••
. U.S. DEPARTMENT OF JtJSTICIt

Executive Office for ImmigratiOll Review

ImmlgrGtio/l Court: }lewark and Blizabeth

List of Legal Service Providers


(July 2006)

. La Casa de VOll Pedro


Conla.t P,rson: SOddle Plunkett
39 Brqadway Newarlo:,New J ....y 07104
Tel: (973) 481-4713
-will represent aUeoM in .sylumflroeeedings
• •
-may tharge l10minal fee
Camdea Center ror Law and Social Juslice, foe .
.. ImmigraHon Services Olliee
1845 Haddoll Avenue
Camden, New Jersey 08103
Tel: (856) 341-4160

Fax: (856) 34%-4180
CamdeD Center ror Law and Sodal JusUe., Inc.
Immlgration Services :~)f(i.e
9 Norlh Geoglo Av.n~e
Allanl!,c City, New Jersey 08401 •
Tel: (609) 348-11U
Bhanu D_ Wodra, Esq.
l'asrlcb, & ratel, LLC
1794 Oak Tree Road
Edlsoll, New Jersey 08820
Tel: (732}59306200
• •
Fax: (732) 593-11201
LEGAL RIGHTS
PRESENTATIONS
• Please indicate if you would like to receive a legal rights
presentation by a pro bono (free) attorney FROM A NON-PROFIT
ORGANIZATION, NOT THE GOVERNMENT.
• The purpose of the legal rights presentation is to infonn you of
U.S. Immigration law and procedures. This presentation is to
instruct you about the immigration system and your rights and
options within the system,
• This presentation is free of charge and is completely voluntary.
• .If you would like some more information on Immigration law
and procedures and your rights under the law, then please attend
this presentation. ,
• This presentation is intended for immigration detainees. .
• The presentation will be in with translations.
PHt~tN IAIiIUN de
DERECHOS LEGALES
• Indique por favor si usted quisiera· recibir una presentaci6n de
derechos legales por un abogado gratuito.
• lEI abogado trabaja para una organizaci6n no lucrativa, no para el
'
goblemO ,..
• El prop6sito de la presentaci6n de derechos legales es para
informarle a usted la ley y procedimientos de la inmigraci6n de
los Estados Unidos.
• Esta presentaci6n es gratuita y totalmente voluntaria.
• Inscribase por favor en la hoja debajo siusted querra mas
infonnaci6n en la ley inmigratoria y procedimientos y en sus
derechos bajo la ley, entonces asisten por favor a esta
presentaci6n.
• Esta presentaci6n es solamente para detenidos de inmigraci6n.
• La presentaci6n sera en ingles coil traducciones en e~WlQJ
Sign up Sheet for Legal Rights Presentations
Name of Deta:lnee Alien Registration Language
(Nombre del Detenido) Number Understands
A# (Lenguage que
usted Entiendc:)
1

3
-.
4

10

11

12

13

14

15
WM_,"

16
""
17

18

19

20
-
21
"-'
22

23
24

25

26 -
27
.
28

29
30

31
._-
32

33
34 '.

35

36

37 .
38
39

40

41 -"

42 ---
43
44

45

46 -
47

48

49

50

51

52

53.

54. -
55.

56.

57. .
58.

59

60.
Department of Homeland Security
Bureau ofImmigration & Customs Enforcement
4002 Lincoln Drive
Marlton, New Jersey 08053

FACSIMII.JE
Transmit to Fax # : (973) 639-7298
Voice Telephone#:
Name
Organization : Latham & Watkins

Transrnitted from Fax #: (856) 489-0945


Voice Telephone # 56
Name
Organization : DHSIICE
Transmission Date : August 9,2006
Number of Pages Being Transmitted: 13
(This cover sheet is not included in the page count)

Contents / Comments:
HUDSON COUNTY CORRECTIO~AL CENTER
XNVESTIGATION OF AN ALLEGED ~ISCIPLINARY INFRACTION
INMATBS NAME AND NU'MBER : _ _ _ _ _ _ _ _ _ _ _- - - -_ _ __
INMATES LOCATION:
WAS I~TE PLAC~IN PR£-~lNG D~TENTION: YES {J NO (l

INMATE PLEADS NQT GUILTY AND aEQUEST A HEARING ( )


INMATE PLEADS GUILTY 'TO THE C~ AND WAIVES HIS RIGHT TO A
HEARING ( ) SIGNATURE: DATE : _ _ _ __
STATEMll1NT,: (If inmate does ·not want., to make a statement
INMATESprint
please NONE) ___________ ____________________________
~

WITNESSES (INMATE MAY REQUEST TWO WITNESSES) :


1. _______________________________ 2. _____________________

EVIDENCE BAG J)ll)MBjjlR (S) : _ _ _ _ _ _ _~--........;....._= ::-:::=":~......- - -


SUPERVISORS CONCLUSIONS, COMMENTS AND/OR RECOMMENDATIONS:

SUl?I!lRVSIORS mIME: DATE : _ _~~=­


SUPERVISORS PLEASE ATTACH COPYES, OP ALL RE~RTS, (USE OF FORCE,
D.C., INCIDENT REPORTS, AND PRE-HEARING DETE~ION REPORTS AND ANY
OTHER INFORMATION Tw..T COULD ,ASSIST Tua COMMIT'I'RE)
HUDSoN CXJUm:YOllW;CmXW. Cl.N1'ER
DISCIPLINARY UNrr
PRE~HEARING DJmimIOO FORM

AN ItIMAl'E MAY BE PLACED IN PRE-HEARlOO DEmfTION IN 'l'HO'3E INS'l'ANCZS ~


IT APPFARS NFX.FSSARY to REKlVE OR ISOLATE 1lIE INMATE FJUJof GENERAl. 'POPDLAnON
\JNl'IL AN INVESTIGATION I.m THE INMATE I S A1.J..EGm MISCX'XroUCl' CAN BE ~ ANI)
A DISCIPLINARY I:IEARING CAN B~ HELD PURSUANT 'ItJ N.J .A. C, lOA.:4~9. .:.
eM: OR HJRE OF nIE FOU.OWING FAClOilS SWULD BE MET BEfORE AN INMATE IS
PLACED IN PRE-HE'ARtNG OEnNItON. . '.
1. tHE INMATE HAS BEEN CliARGFD wrm AN ASSAULT UPC.tI ANOl'H!R PDSON AND. IN
THE OPINlOO OF 'lHE alRRECTIONAL tn:AFF, 110m: IS A SU\:lSTAN'I1AL 'fOSSIBILIlY lllAT
nm. ntIA.'l'Il: MAY ASSAULT ~ INMA.1'E OR STAFF MEMBER;
2. 1lIE I!H4.1'E HAS Bm IlJARGED Willi 'I'HREATENING AtrJ'l.'HE3 PI!l&JlII AID. IN."mE
OPIHItIl OF nm
OJRlIE:UctW.. STAFF, 'l'HERE IS A SWSIANI'IAL POSSIBILl'lY ntAT nIE
I~ wru. Acr 01( I{[S OR HER 'l'HREAT; ,
3. 'M: INMt\TR HAS BEm CiARGED w:rm BEll'«: LINDER mE INFLllENr.E OF DRlIClS OR
IN'IOXIC'ANl'S Atm, IN' 'WE OPINION OF'lliE 0lIRECTtcm:L STAFF, THE INMATE'S BEHAVIORAL
a:mROLS Al>PEAR TO BE IMPAIRED; ,
4. 1HE INMATE HAS BEEN· QlARGED WIn! INCmNG amERS TO mGACE IN AN 'ASSAULT
lJFCXi A!'«;Il'HEB PER~. CAUSING SERIOUS DESrRllCTJ.ON OF PROPERl'Y OR PARTICIPA~ IN
II GIIOUP OEHlNSTMnOO OR WORK. SIOFPAGE AND, IN 1'tIE OPINION OF 1HE CtlRRECI'ICIW.
. STAFf".'llIERE IS A suasrANTIAL POSSIBILITY ruE I~TE WI1.l. <nrrINUE THE INCt'l'EMml';
5. 11m INMATE HAS BEEN QiARGEO WITH ABSOO OR SERIOOS DESItWCl'ION OF PROPmtt"t
AND, IN nm OPINION OF mE a:mR£.crIOOAL STAFF. nIERE IS A SUBstANI'IAL LTKn.I\O:X)
'mAl' 'l'HE lNMA.1'E MAY J!;N:>AGE IN ADOmONAL ARSON IE DESJRlJCI'ItIl OF PROPmlY;
6. .1lIEINMATE HAS RECE:IVED A OISC1PLINARY CHARGE AND, IN 'mE OPINION OF 1$
... ~ STAFF, 'l'HEI!E IS A. SUBSTAN'11.AL rosSIBIUlY 'lHAT nm INMAn: t.n:u. ATmIPl'
10 _ . "bmI:A~ OR INTIMIDATE: POTENTI.AL IoltTNESSE'S OR 'lHAT '!HE INMATE wru. ATI'EMPl'
'IO omI\NIZI:': OR !NOX.i'RAGE ~ TO HARM, TI-ffiEATEN OR INTIMIDATE FOrENrIAL Wl'INFSS&s;

7. nm INMATE HAS R\l:EN OIARGED tlrm I'AlmCIPATING IN AN UNAtmIORIZED


G.&J:HERING OR GRCXJP DOONSTRATION AND TIlE INMA,1'E REFUSES TO ABANTXl'l HIS OR HER
~AATICIPATION; AND .
8. 'l'HE INMATE HAS BEEN QIARGED WI'IH ESCAPE OR ATt'IiMPTED ESCAPE AND EVIDENCE
HAS ,~ PRODUCED WHICH tNTlTr"ATES run THE INl'lATE PRESENTS A SERIOUS ES'::Ai'E RISK
IF PERM:rtTED TO REMAIN IN GENElW.. I'OPIJl..Anoo.
lNMATE BEING PLACED IN PRE-HFARING Dl!:fENI'ION: _ _ _ _ _ _ _ _ _ _ _ _ _ __
PlACEMENl' BEING MADE BY (SUPERVISORS NAMJ.l;): _ _ _ _ _ _ _ _ _ _ _ _ _ __

f'LACEMENl' APPROVED BYSHIF1: O.I.C. : _ _ _ __


1llE SUPERVISOR PLACING THE INMATE IN PRE-HWING DEl'ENl'ION MUST ENSURE lHAT THIS
FORM A'l.llIG wrn All MAJOR DISCIPLINARY FOIIMS ARE FORWAADED TO CLASSIFICATION.

WHITE: /)ISP'FlLE, YEllJ:lW1 CLASSIFICATION, FINK; INMA'l"Ej GelD; HOUSING WOIJll2158.000276


D1;'I'1:: ENTER: DATE: OUT: SI)PI!:RVISOl'!.: _ _~_ _~_
HUDSON COUNTY CORRECTIONAL CENTER

Seizure Of Contraband Report

Inm~tes Full Namo (PRINT) Inmates Numb&r Housing UnIt (PRINT)

Full N~me of I:ltalf Member Making Seizure (PRIN1') Rank (PRINT)

Date of Sel~ure: _________ Tlme of Seizure:_ _ _ _ _ _ _ __

Location Of Seizure: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Reasons For SeIzure

1. No'lauthclI'i;"..lI fur , .. lr:;ntiontrecelpt.


2. Exceeds stated correctional facility limits.
3. Altered from ori~inal form.
4, Not acquired through proper correctional faoility c;ha.nnels.
5. exceeds reasonable safely, seourity, sanitary or space considerations.
6. M~y be harmful end/Qr po~~e3 threat to security or Qrderly oper"tion ur the correctlanal
facility.
7. Evidence in Disciplinary or Criminal Case,

Items Seized:. Reasons felt ~eizures (number):

Disciplinary Charge (s) Issued: ( ) Yes ( ) No: If no, reason for not charging said
inmate:_ _ _ _ _ _ _ _ __

Supervisor That Approved Seizure: _ _ _ _ _ _ _ _ _ _ _ _ _ _~_ _ _ __


Full Name and RanK (f't<JN'i')

Signature of above IiIpproving Supervisor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Date of Approval: ,, _ _ _ _ _ _ _ _ Time of ApprovaJ: _ _ _ _ _~_ __


HUDSONCOUNTYCORRECTIONALt~Nl~R
KEARNY. NEW JERSEY

On, The Spot Disciplinary Report / Adjudication Pdrm

IIIU'IIBte Name: -.-:__________ .~#~ _____Unit:_ _ _ _ __


Prohibited Act (s):,_ _ _ _ _--i:;,,....,.._ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Reporting Employee:_ _ _ _~_~__:::__:___--SigDaturel.-_::::__------


Place oflncident::--~--------'Date:,-------Time:-----
Description ofJDfraetion:_ _ _ _ _ _ _....,-_ _ _ _ _ _ _ _ _ _ _ _ _ __

Wit/less (es) Name, Nllmb~1" & Statement: _ _ _~_ _ _ _ _ _ _ _ _ _ _ __

Proposed Sanction: (Must be approved hy area supervisor)


( ) Verbal Reprillil\ltd.
( ) Loss of Recreation up to Five (5) Days.
() Confmement to cell for up to Four (4) Hours.
() Four Hours or Extra Work Detail.
( ) ODe Day Loss Of Commissary;
Inmate advised of right to confer-tuee with Pod Supervisor, 'Within 24 Hours.
'Conference ( ) Waived () Requested
Inmate Signature: # Unit
'* ** ****** ******* ** .. **** ****** *... ** ***** ** w.. '* ** *,**,*,nr'W' .... *****11' ~ '" ""·k*·:-~~.*~..~*-**-"'-"':-:#~w~...
(TQ be completed by pOd supervisor)
" Conference Held ( ) Yes (.) No Stare ReasoD: _ _ _ _ _ _ _ _ _~-~--
Comments and COl1clu~ionl; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Decision: () Guilty () Not Guilty


Over Ride (please give reason):, _ _~_ _ _ _ _ _ _ _ _~_ _ _ _ __

Pod Supervisor's I '


Signature:,_ _-'-_ _ _ _- _ _ _-'--_ _ _ _ _ _ _ _ _ __
Print N8me: _ _ _ _ _ _ _ _ __
Date:,_ _ _ _ _ _ _ _ _ _ _ _ _ Time;_ _ _ _ _ _ _ _ _ _ _ _ __ ~

"White Dlsclpllo;q-y Unit - 1r.'ellow Classification - Pink Inmate


HUDSON COUNTY CORRECTIONAL CENTb"R
PROPERTY (VALUABLES) RECEIP,T

NAME ____________~______________ # __~~___ DATE _______

_ _ WALLET _ _ KEYS

__ CREDITCARDS#s~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ...w._,,_ _ _.....

EAR1UNGS YELLOW. WHITE - WISTONE - OTHER

~
RINGS YELLOW - WHITE - WISTONE· OTHER

CHAINS YEllOW - WHITE - WISTONE - OTHER

"BRACELETS YELLOW-WHITE - W/STONE - OTHER

CHARMS YELLOW - WHITE. W/STONE - OTHER

WATCH MAKE

OTHER ITEMS

-,-_ MlOS, CHECKS AND FOREIGN CASH _ _ _ _ _ _ _ _ _ _ _ _ __

1 ACKNOWLEDGE THE SURREWD.l!:R OF MY PROPb"'RTY AS LISTED ABOVE


I AM RESPONSIBLE FOR ALL PERSONAL PROPERTY THAT 1 KEEP IN . ,
MY POSSESSION WHILE IN THIS FACILITY.

WE ARE NaT LIABLE FOR PROPERTY UNCLAIMED THIRTY (0) DAYS


AFTER RELEASE O!1._:l1'i:tJ.NSFER FROM llUDSON COUliIY JAIL.

11111 _ _ , . _....

c/o SI6[":4 TUR D DATE UM SIGNATIJRE .

(W) PROPc"',,raT £A(; (Y)RECaRDS (P)INMATE


HUDSON COUNTY CORRECTIONAL CENTER
PROPERTY RECEIPT

NAAlE~_____ .______ ~ ________________ # ________ LOC~, ________

, SHIRTS $ 2.00 PANTIES $1.50 FACE CLam $1.00 PILLOWS $ 3.50


PANTS 3.00 BRAsSIERF: 2.00 CUPS 1.50 LAUNDRYBAG 4.00
JACKETS 20.00 SOCKS 1.00 SHEETS 3.50 RULE BOOK 0.50
"T..sHIRTS 2.00 SHOES (MIF) 6.00 RT.A.NKETS 7.50 lD. CARDS S.OO
,BOXERS 2.00 TOWELS 1.50 PILLOW CASE 1.00

11 AM RESPONSIBLE FOR ANY LOST,STOLEN,ALTERED OR DAMAGED PROPERTY.


!IEXCllANGING WORN OUT ITEMS FOR NEW ONRS IS FREE OF CHARGE.
HUDSON COUNTY WILL PRESS DISCIPLINARY CHARGES FOR ALTERING AND/OR
DESTROYING COUNTY PROPERTY. (ANYTHING PT::RTA1NING THE FACILITY).
IMY COMMISSARY A.CCOUNT WILL BE CHARGED FOR NOT RETURNED,DAMAGED
AND/OR DESTROYED COUNTY PROPERTY.

MATTkESSOR WINDOWS oS 50.00 LIGHT FIXTURES $ 35.00


DOo.RLOCKS 35.00 ELECTRONIC DI/MAGE 50.00

INMA11:::'S PROPERTY; N .. NEW U = useD ( CIRCLE ALL ITEMS)

IfA TS,BASJ:.:BALL CAPS. COATS, JACKETS. N U N U


PANTS,JEANs,sWEATS. N U SHOES,BOOTS.sNEAKERS. tv v
SHIRTS,sWEA,TJi,'JU}.sWEAT. N U OTHER N U
1M! RESPONSI1JLE FOR ALL PERSONAL PROPERTY THAT I KEEP IN MY
POSSESSION WHILE IN THIS FA.CILITY.

CIO SIGNATURE DATE 11M SIGNATURE

UPON DISCIlA.RGE .. AU; COUNJ'Y PROPERTYRETURNED _ _ _ ,IF NOT,LIST AU


MISSINGIDAMAGED PROPE'RTY. ~~. ___ ._ _ __
_~ _ _ , _ _ _ . . , . . . . . 0 . . . . - - , _ • • _ _ , . , - . . . . _ . _ - - . _ . " , ...... _ • _ _............_ TOTAL CHARGES $ _ _ __

11::£ ARE NOT U ..t!l1.f;_..Lf11URgJ'ij,JJ.'.i..Ll!U2~U:S A Fl'F:R RELEASE OR TRANSFER

--------,,-',,---- ..._- ,".....," --.. .- ....


Dil n
"" ... , -:-:-:::~-:-:-::==---

11M SIGlI'A TURE

( W) GAlllI/E"'" R.·I(; (f) Rf.YOIWS (P)INMATE


HUDSON COUNTY CORRECTIONS
CENTER
INMATE PROCESSING FORM

COMMITME:NTI/, 0000056111:
AGe; DOll;

MCE: sex:
HeIGH'l', WI:~uHt':

HAIR: EVES:
RELIGION: COMPL.XtON:
FBI#: ss#:
EiTHNICl'TY: r-AItI'l'Al STATUS:
ALIAS1: ALIAS2:
WARRANTl: WA~~AN'I'l'

PP.IMAFlY LANGUAGE,

lA"~ EN'I'"~ED: 08/09/2006


.AST KNOW ADDReSS. ,
300KING OFFlC.I'\:
~1I"oS'1'!NG AUTHOI\IT'T': C;OMM!mNG AUTHORITY:

~CCUPA110N:

.... _
EDUCATION YEARS: 0

...............""............... _------'-----,,-_.. ....,,_._._-,-----------


,

Charge 5 ;
C.hargt=(!!'I)l D
Charge(s): III
Char~.(Sl:m

EMERGENCY CONTACT
NAMe:

RELATIONSHIP: TELEPHONE:

AOOIIESS:
CITY:

STATe: ZIP:

----.,--------,.._-_."'"'------
BUDSONCOliNTY DEPARTMENT OF CORRECI10NS
IWDSON COUNTY COllRlcnONAL CENT.ER
35 HACKENSACK AVE.
KEARNY. N.J'. 01032

INMATE BEO!lJiSI FORM

TO: DATE:
----------------------------~-- ~-----
_ _ _~~",." LOCATION:,_ _
NUMBER
REQUIST: ______________ ~~-- ______________________

RECEIVEl;> BY: -
DATE:

REPLY: __________________--______________ ~ _______

-------,..---------- -- --,.,-----,------

-------------:::c=OMPLETED IIY'
lhHl.'!m! COllnty Conedioual Cenler Vhiting SdleliuJ.
fl'lurlllfl}' TUeJidul' \Yeduesdar Tlnn-s,lay F.·iILay
k!! 11111 d
"E'

N IHI-Co!!laet NOll-COlll"d Nou-C!II!hicL No Visil~


. .~

-
D-Pud ABC II rmIs A {'"rI CIon );"st (NOlf) .
9:!Hlam Lo 11 : JIl'll 11 8:30 .. ",-11 :311"m I):OOnnJ-t J :30 III !I P,'ol",.li\'c Custody Only Iwo uhdls )lcr
Coun!y/INS SlllieflNS hlOUlles COllulyllmfFed ,Juvellile visi! all{) tWD dlildrcn
RcgislrJllioll emb al Registn'lion cilds at ll.egiSlmlioH elld,l al 9: [lliam-I I): 1I1Iom vel' aliH II. ,
HI:45mn 10:45"111 \0:45am Ut'.gislnlli'II1 cnd ... I I
I): J 5"m
Olle.hom~ visit
.
Till)!} F.asllWesl All I'otls A 1ll {I Ii: as liW est CHili Easl Adu Its l?eu~rlll !lntl Cmmly . I
IlJtlll FasllWcsl Sin I( J!llll ales AJI)]} Ea~lIwesl DJUO Wesl/l'l'hilkal hlllulies IJUly IHlt'1!
115011 Ensl/West INS ASUO Ensl:W",t 9 :'15nm- j I :J08m visits un the dl\}'of
J[)'llIill visi! ;\)1), ' .•Qell (ion Jllmin "isil Rogis/i·ali,;.. "lUis n I 'heir pods
FCII1l1les 11l:15.tnl
,
CSOII \1:",1 ABC IlI'nlis USOOEnsliWesl C31111 E!l~I/WI!SI N'Jle
At! seg 12 :JIIIHU-l:3i1pm DJIJIJ EasllWcst C500 West NO} legulnr visits
11 :JOpllI- 2 :JIlIJIl! Sblellm 12: Jft lllll·l:JOplll J 2:31JIJlll·I:J Ilpm ouSa.lllnlays !lnt!
ltegistrniiOli Clllls ;II ({egisl [:I linD "lids III Omutyillls CUlIllly/lNS S III! clays'
J : 15)1111 I :45jJUI Regis{nt(ioll entls at neg eulls al. I :-I5JIDl
Oue LJ 1)111' "isil I :4S['liI
.. --
lHOII Lasl/\"~s[ AJmll~asI/W"st DSlllIll:llS1 W."I Cl!IOILmlfWesl
<
lrJlllI foast/West ASOn .':nsI/West A WI) EnstiWes( CS\lO· West
. aSnllllru;I/Wesl hs/Fed 030U En.lfWes! CUllllfyllNS Hevhed:lllifillll16
Cl1llllf),IINS C.:001,~1l-9: mJplIl Trujler..;; 6:!) tll}UJ-1l:1I0p 111
5:UlIII11l-9:lJllpm COllUtylluslFell ItcgislnlfilDl i:1lt1S lIL Sdldule sahjeei In
fiq,istnd iOB cnd.~ .. ( .nl'gisfn,lion ends "I (j :00p",-9:1I1I}>1I1 !I: )5,1111 Chnllg.£
8:15J}~1I !l: l:5plU lteg enlls lit {I:15(lm
.,~-

Uudmll Cliunly CI!H~cljDnal Cenh"I' Rec{>nl R,mlll (Bail) 11lIIIIigrniiou


:15 Ihd,ensao::k ave 1-973-'19 J-55G8 ( ....,n·645-3661i Gelle,.n 1 b.f,..-nml inn
J{""I'II)" Now .J.... ~cy 07[)]} 97J~11) 1-5511} 1-');)-645· 2414 Unit>
CENTRO CORR]:GC]Ul'1'AL
DEL CONDADO DE HUDSON

CODIGODE
VESTIDURA
TODA VlSIyA DEBE ESTAR
CONVENIENTE'MENTE YESIIDA EN TODQ
MOMENTO 'EN El~ AREA QE VISITAS NO
CQNIA.cTO Y CONTACTO .DEL CENTRO
C_QRRECCIONAL DEL CONDADO DE HUDSON

NO~ BLUSAS SIN MANGAS, 0 BLUSAS DE


CORTE 8AJO

NO~ ROPA TRASPARENTE

NO- PANTALONES CORTOS MAS A.RRIBA DE


LAS ROnILLAS, PANTALONES BIEN
CORTOS, OFALDAS CORTAS (MINI)
, ,
,I
,
I

DRESS CODE i '

ALL VISITORS MUST BE IN PROPER AITRIE


AT ALL TIMES AT THE HUDSON COUNTY
CORRECTIONAL FACILITY VISITING AREA
NON-CONTACT AND CONTACT.

NO Sleeveless shirts - Tank Tops or Low cut Blouses

NO See through clothing

NO Shorts above the knees I short skirts I mini skirts


HUDSON COUNTY CO~RECTXnNAL CENT~R
KEAR'NY, NF:N :rJZRSEl"

INMaTB DISCXPLINARY REPORT

NAMS of r_7:'9' _________----------------------~-...:..


/jOC, _ _ _ _ _ _ __ SECTION: ________
NUMBBR:
PROHIBITSD ACT(S)

RE1f'Ol!l.rING I<iMP14DYEBS NANE (PR.INT J


DATE/TXME _ _ _ _ _ _ _ _ _ _ __
SXGlNATtJRB':
PLACE OJ!!' INCIDB,N'.r, _ _ _ _ _ _ __ DATIiJ/rrJoUi: ____________________

AJlJr J:MKII'DIATE OR SPECIAL ACTION TA1C1!JN:

ArlTHO.RIZED BY! TITLE, ____________- - - _

.2.N.M:A'%"E WAS R!!iAD IIX';:; ·~[J'SE I.MMUN:r'PY R:rGHTS-~ AND GTV'BN A COpy C.lol ·rH~·,'·':
BE PORT BY,
DATB/TrME~~ ________________________
PRINT NAME
SIGNA'l'VRE:
IUI'PORT A:P1f'ROVED BY (AREA SU1i'ERVISOR), _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

PINK (I.I'\IlIQ.:t'"'B
HUJ.)::iUN" (.;OUNTY -CEPARTMl!:NT OF CORR.ECTIONS
HUDSON COUNTY CORlU'.CTIONAl.. CENTER

INMATij: GRJEYANc;E APPEAL FORM


. TO; RALPH W. GRESN, OlR.ECrOR

INMATE'S INFORMATIQN;
2. _______ ~ ___
!.------------~--------------~----------------
Last Nw:ne First Name InnuttcNo.
3. _______________________

•••••• * •••••••••••• ** ••• * •• **.**** •••••••• * •• ~~.* •••• ~ ••• *.** •••••••••••• * •••
Location
~
(PLEASB PRINT CLEARLY)
.'" PART "A'''·''
COMPLAlNT: ______________________________________________________

REMEDYSOUGHT: ______ ~ _________________________________________

Date Signature of Inmate "


••$ ••••• *.* ••• * ••••••••••••••• ** ••••••• ** ••••••••••••••••••••••• ** •••• - ••• * •• ~
....PART "5"*'"
DIRECTOR or HISIHER DESIGNEE: ~~ ___________________.-,..____

Date Signature of the Dire<;;torlDe&ignee


•••• ~ •• +.*.**.~ ••• ~ ••••• * •• ***.*+ ••• *.+ ••••••• *~ •• * •• **.** •••••• ****.* •• «~ •• -*
.... RECEIVED By ....

Signature Date Orieva:nee Number

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