ICE NDS 2019, Standard 2.3

STANDARD 2.3 FACILITY SECURITY AND CONTROL I. POLICY This standard protects communities, staff, contractors, volunteers, and detainees from harm by ensuring that facility security is maintained and that events which may pose a risk of harm are prevented. Facilities will have policy and procedures for conducting security inspections; the prevention, identification, and disposition of contraband; key and lock control; and population counts; as well as a comprehensive policy for tool control. II.

STANDARDS AND PROCEDURES A.

Facility Policy The facility shall establish a comprehensive security policy, including procedures for the control and prevention of contraband inside the facility, complemented by policy and procedures regarding tool control, population counts, and key control. Each facility shall ensure it maintains sufficient supervision of detainees, including through appropriate staffing levels and, where applicable, video monitoring, to protect detainees against sexual abuse and assault and other forms of violence or harassment, and to prevent significant self-harm and suicide. Security staffing shall be sufficient to maintain facility security and prevent or minimize events that pose a risk of harm to persons and property. The facility shall develop and document comprehensive detainee supervision guidelines, as well as a comprehensive staffing analysis and staffing plan, to determine and meet the facility’s detainee supervision needs; these shall be reviewed and updated at least annually.

Essential posts and positions shall be filled with qualified personnel. In determining adequate levels of detainee supervision and the need for video monitoring, the facility shall consider generally accepted detention and correctional practices, any judicial findings of inadequacy, the physical layout of the facility, the composition of the detainee population, the prevalence of substantiated and unsubstantiated incidents of sexual abuse as well as other incidents reflecting on facility security and detainee safety, the findings and recommendations of sexual abuse incident review reports or other findings reflecting on facility security and detainee safety, the length of time detainees spend in facility custody, and any other relevant factors. B. Security Inspections Security inspections are necessary to control contraband, ensure facility safety, security and good order, prevent escapes, maintain sanitary standards, and eliminate fire and safety hazards. 2.3 Facility Security and Control 24 National Detention Standards Revised 2019 Each facility shall establish a comprehensive security inspection system that addresses every area of the facility, including the perimeter fence line and other areas noted below in this standard.

Frequent unannounced security inspections shall be conducted on both day and night shifts to control contraband; identify and deter sexual abuse of detainees; ensure facility safety, security and good order; prevent escapes; maintain sanitary standards; and eliminate fire and safety hazards. Each facility shall prohibit staff from alerting others that these security inspections are occurring, unless such announcement is related to the legitimate operational functions of the facility. 1. Search Log Each housing unit, including the Special Management Unit (SMU), will document cell and area searches including the date, time, and findings, including location(s) where contraband is found, type(s) of contraband, and the searching officers’ names.

2. Searches Every facility will establish written policy and procedures for housing unit and personal area searches. C. Perimeter Security The facility’s front entrance shall be a controlled access point. Entrance into the secure perimeter shall be controlled by a sally port (or equivalent with electronic interlocking doors or grilles) to prevent unauthorized entry or exit.

1. Identification The officer assigned to this post shall check the identification documents of every visitor, employee, and other person entering or leaving the facility. (See Standard 5.5 “Visitation.”) 2. Record a. The post officer will maintain the visitor logbook.

Logbook entries of persons visiting detainees will be completed in accordance with Standard 5.5 “Visitation.” b. Every entry in the logbook will identify the person visiting; the person or department visited; date and time of visitor’s arrival; purpose of visit; and time of departure. 2.3 Facility Security and Control 25 National Detention Standards Revised 2019 D. Key and Lock Control Every facility shall establish procedures for key and lock control in compliance with OSHA and National Fire Protection Association requirements. The facility shall develop and implement site-specific procedures for controlling gun-locker access. E. Population Counts Every facility shall implement an effective system for counting detainees.

Formal and informal counts will be conducted as necessary to ensure around-the-clock accountability for all detainees. F. Tool Control Every facility will establish a tool-control policy with which all employees shall comply. The facility administrator shall designate the person responsible for developing and implementing tool-control procedures, along with an inventory and an inspection system to ensure accountability. These inventories shall be kept current and readily available.

G. Private/Contract Repair and Maintenance Workers All visitors who are not ICE/ERO officials or facility employees, including repair and maintenance workers, shall submit to an inspection and inventory of all tools, tool boxes, and equipment that could be used as weapons before entering and leaving the facility. H. Contraband Staff will handle and properly dispose of contraband in accordance with the standard operating procedures of the facility. “Contraband” refers to all items that pose a threat to the security of people or property. Any facility-approved auxiliary aids, services, or other disability-related items used by a detainee with a disability shall not be considered contraband.

A contraband item is either “hard” contraband or “soft” contraband. Hard contraband includes any item that is inherently dangerous as a weapon or tool of violence, e.g., a knife, explosives, a “zip-gun,” brass knuckles, etc. Because hard contraband presents an immediate physical threat in or to the facility, a detainee found in possession of hard contraband could face disciplinary action or criminal prosecution. Soft contraband, on the other hand, comprises “nuisance” items that do not pose a direct and immediate threat to individual safety. Nonetheless, soft contraband has the potential to create dangerous or unsanitary conditions in the facility.

Examples include excess papers that create a fire hazard, and food items that are spoiled or retained beyond the point of safe consumption. The facility administrator shall ordinarily consult a religious authority before confiscating a religious item that is deemed “soft” contraband. 2.3 Facility Security and Control 26 National Detention Standards Revised 2019 1. The facility shall establish a procedure for the disposal and/or destruction of contraband items.

2. Every facility will establish written policy and procedures to secure the SMU from contraband. Newspaper articles that depict or describe violence in a detainee’s country of origin may be relevant to a detainee’s legal case and should not automatically be considered contraband. I. Canine Units Canine units may be used for contraband detection, but the use of dogs for force, control, or intimidation of detainees is prohibited, in accordance with Standard 2.8 “Use of Force and Restraints.” Any facility that has a canine unit shall establish a clear and detailed written policy and procedures governing the circumstances in which canine units may be used in searches.

Canines shall not be used in the presence of detainees. J. Notice to Detainees The facility handbook shall notify detainees in a language or manner they understand of the facility’s rules and procedures governing pertinent security issues, e.g., counts and contraband. 2.3 Facility Security and Control 27 National Detention Standards Revised 2019