ICE NDS 2019, Standard 2.1
ICE
ICE
STANDARD 2.1 ADMISSION AND RELEASE I. POLICY The procedures a facility follows in admitting and releasing detainees protect the health, safety, and welfare of each person. During the admissions process, detainees undergo screening for medical, sexual abuse prevention, and suicide risk evaluation purposes; have their files reviewed for classification purposes; submit to a standard body search; and personally observe and certify the examination, categorization, inventorying, and safeguarding of all personal belongings. During the release process, detainees return clothing, bedding, and other facility-issued items; participate in identity-verification procedures; and complete documents in accordance with facility procedures, including certifying receipt of all inventoried personal property, including funds and valuables. II.
New Arrivals Every new arrival shall undergo custody and medical screening interviews, which will include a determination as to whether the detainee is a victim of or at risk for sexual abuse or assault and a suicide risk screening; complete questionnaires and other forms; attend any site-specific orientation program; and comply with other facility admission procedures (issuance of clothing, towels, bedding, etc.). 1. Newly arrived detainees shall receive a language access and disability screening to identify any necessary accommodations. The facility shall comply with federal laws to ensure meaningful access to facility programs, services, and activities for detainees with limited English proficiency, and provide accommodations for detainees with disabilities to ensure equal access to facility programs, services, and activities.
2. Staff will open a detainee detention file as part of the admissions process. This file will contain documentation generated during the detainee's stay at the facility, though additional documentation may be recorded and maintained electronically. 3.
Detainee medical screenings shall occur as required by Standard 4.3 “Medical Care.” B. Search of Detainee and Property Each new arrival will be searched in accordance with Standard 2.7 “Searches of Detainees.” Searches should be conducted in an intake area that affords as much privacy as possible. All items discovered during the search will be identified as funds, valuables, 2.1 Admission and Release 18 National Detention Standards Revised 2019 or other personal property, to be kept in the detainee’s possession or inventoried, receipted, and stored, or, if appropriate, classified as contraband. (See Standard 2.4 “Funds and Personal Property” and Standard 2.3 “Facility Security and Control.”) During intake, detainees shall be given the opportunity to shower, where possible, and be issued clean institutional clothing, bedding, towels, and personal hygiene items. C. Funds, Valuables, and Other Personal Property Each facility shall institute procedures for inventory and receipt of detainee funds, valuables, and personal property in accordance with Standard 2.4 “Funds and Personal Property.” Identity documents, such as passports, birth certificates, etc., will be copied for the detention file, and the original forwarded to ICE/ERO.
Detainees will receive a receipt for confiscated identity documents. Upon request, staff will provide the detainee with a copy of the document. D. Clothing and Bedding Issued to New Arrivals Facility staff shall issue detainees clothing and bedding in quantities, sizes, and weights appropriate for the facility environment and local weather conditions. (See Standard 4.4 “Personal Hygiene.”) E. Personal Hygiene Items Staff shall provide detainees with articles necessary for maintaining proper hygiene.
The facility will replenish all hygiene supplies as needed at no cost to the detainee. F. Admissions Documentation Official documentation from ICE/ERO (e.g. Form I-203, I-203a, or I-216) shall accompany each newly arriving detainee. Staff shall prepare specific documents in conjunction with each new arrival to facilitate timely processing, classification, medical screening, accounting of personal effects, and reporting of statistical data. G. Missing Detainee Property The facility shall complete a Form I-387, “Report of Detainee’s Missing Property,” or equivalent, when any newly arrived detainee claims his or her property has been lost or left behind at a previous location.
Facilities shall forward the completed forms to ICE/ERO. H. Orientation All facilities shall provide detainees an orientation to the facility as soon as practicable, in a language or manner detainees can understand. The orientation must include facility 2.1 Admission and Release 19 National Detention Standards Revised 2019 operations, programs and services, grievance process information, and other rules and requirements. The facility orientation shall also include the following information: 1.
Procedures for the detainee to contact the ERO deportation officer handling his/her case; and 2. How to use the telephone system to make telephone calls. If ICE/ERO provides an orientation video, all reasonable efforts should be made to show it within 72 hours of a detainee’s admission. I. Detainee Handbook Upon admission, every detainee will receive an ICE/ERO National Detainee Handbook and a facility handbook.
The facility handbook will fully describe all policies, procedures, and rules in effect at the facility, in accordance with Standard 6.1 “Detainee Handbook.” The ICE/ERO National Detainee Handbook is available in a number of languages. These translated versions may be requested from ICE/ERO as necessary. J. Releases Staff must complete certain procedures before any detainee’s release, removal, or transfer from the facility. Necessary steps include completing and processing forms, closing files, fingerprinting, returning personal property, and reclaiming facility-issued clothing, bedding, etc. The time, point, and manner of release shall be consistent with safety considerations and shall take into account special vulnerabilities.
As appropriate and necessary, facilities shall transport detainees to local public transportation stations at a time when such public transportation is running. If public transportation is within walking distance of the facility, detainees shall be provided with an information sheet that gives directions to and describes the types of transportation services available. All releases must be coordinated with ICE/ERO. Prior to release, the detainee shall be provided an opportunity to make a free phone call to facilitate release arrangements.
2.1 Admission and Release 20 National Detention Standards Revised 2019
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