ICE PBNDS 2011, Standard 2.4

2.4 Facility Security and Control I. Purpose and Scope This detention standard protects the community, staff, contractors, volunteers and detainees from harm by ensuring that facility security is maintained and events which pose risk of harm are prevented. This detention standard applies to the following types of facilities housing ICE/ERO detainees: • Service Processing Centers (SPCs); • Contract Detention Facilities (CDFs); and • State or local government facilities used by ERO through Intergovernmental Service Agreements (IGSAs) to hold detainees for more than 72 hours. Procedures in italics are specifically required for SPCs, CDFs, and Dedicated IGSA facilities. Non- dedicated IGSA facilities must conform to these procedures or adopt, adapt or establish alternatives, provided they meet or exceed the intent represented by these procedures.

Various terms used in this standard may be defined in standard “7.5 Definitions.” II. Expected Outcomes The expected outcomes of this detention standard are as follows (specific requirements are defined in “V. Expected Practices”): 1. The facility administrator 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. 2.

Essential security posts and positions will be staffed with qualified personnel. 3. Facility security and safety will be monitored and coordinated by a secure, well-equipped, and continuously staffed control center. 4.

The facility’s perimeter will ensure that detainees remain within and that public access is denied without proper authorization. 5. Information about routine procedures, emergency situations, and unusual incidents will be continually recorded in permanent post logs and shift reports. 6.

Facility safety, security and good order, including the safety, health and well-being of staff and detainees, will be enhanced through ongoing observation, supervision, and personal contact and interaction between staff and detainees. 7. Special security and control measures will consistently be applied to Special Management Unit entrances. 8.

Facility safety, security and good order will be enhanced through frequent and documented staff inspections of detainee-occupied and unoccupied areas. 9. The facility shall provide communication assistance to detainees with disabilities and detainees who are limited in their English proficiency (LEP). The facility will provide detainees with disabilities with effective communication, which may include the provision of auxiliary aids, such as readers, materials in Braille, audio recordings, telephone handset amplifiers, telephones compatible with hearing aids, telecommunications devices for deaf persons (TTYs), interpreters, and note-takers, as needed.

The facility will also provide detainees who are LEP with language assistance, including bilingual staff or professional interpretation and translation services, to provide them with meaningful access to its programs and activities.

III.

Standards Affected 2.4 | Facility Security and Control 81 PBNDS 2011 (Revised December 2016) This detention standard replaces “Facility Security and Control” dated 12/2/2008. IV. References American Correctional Association, Performance- based Standards for Adult Local Detention Facilities, 4th Edition: 4-ALDF-2A-01 through 2A­ 14, 2A-18, 2C-01, 2C-02, 7F-06 ICE/ERO Performance-based National Detention Standards 2011: • “2.3 Contraband”; • “2.5 Funds and Personal Property”; • “2.7 Key and Lock Control”; • “2.8 Population Counts”; • “2.9 Post Orders”; • “2.12 Special Management Units”; • “2.15 Use of Force and Restraints”; • “2.14 Tool Control”; • “5.1 Correspondence and Other Mail”; • “5.7 Visitation”; and • “6.2 Grievance System.” “Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities,” 79 Fed. Reg. 13100 (Mar. 7, 2014).

V. Expected Practices A. Detainee Supervision and Monitoring Each facility shall ensure that it maintains sufficient supervision of detainees, including through appropriate staffing levels and, where applicable, video monitoring, to protect detainees against sexual abuse assault, 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 administrator 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 determining the need for video monitoring, the facility administrator shall take into consideration generally accepted detention and correctional practices, any judicial findings of inadequacy, the physical layout of each 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 agency custody, and any other relevant factors. At least one male and one female staff member shall be on duty at all times in a facility housing both male and female detainees. All security posts shall be guided by standard “2.9 Post Orders.” B. Control Centers Each facility shall have a secure control center that is staffed continuously, 24/7. Control center staff shall monitor and coordinate facility security, life-safety and communication systems.

The Chief of Security shall carefully screen officers for the highly responsible control center post assignment(s). The Control officer’s responsibilities include (but are not limited to) key control, count procedures and public-address-system operations. The standards on “Key and Lock Control” and “Population Counts” detail requirements for key 2.4 | Facility Security and Control 82 PBNDS 2011 (Revised December 2016) control and counts. The facility administrator shall establish procedures to implement the following control center requirements: 1. round-the-clock staffing; 2. limited staff access; 3. no detainee access (in a control center, staff must perform cleaning duties that elsewhere in the facility may ordinarily be assigned to detainees); 4. round-the-clock communications; 5. maintenance of a list of the current home and cell phone numbers of every staff member assigned to the facility, including administrative/support services staff members, all situation response team members (SRTs), hostage negotiation team member (HNTs) and applicable law enforcement agencies.

If any staff member is inaccessible by phone, other means of off-duty contact approved by the facility administrator, such as a pager number or e-mail address, may be listed; the list shall: a. be on file in both the control center and the shift supervisor’s office; b. be maintained in a secure file; c. be used for emergency recall or urgent business only; d. be updated at least quarterly; and 7. a watch call system (officer safety checks) to the control center by all staff, ordinarily to occur every half-hour between 6:00 P.M. and 6:00 A.M. Individual facility policy may designate another post to conduct watch calls. Any exception to exempt staff from making watch calls as described in this standard requires the approval of the facility administrator.

C. Perimeter Security 1.

Front Entrance 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. Staff assigned to the front entrance post shall be selected and expected to present a neat and professional appearance, exercise public relations skills of courtesy and tact, and interact and communicate easily and effectively with diverse people. Front entrance staff is expected to uphold these responsibilities while also maintaining security and enforcing regulations. a. Identification and Searches The officer assigned to this post shall check the identification documents of every visitor, employee and other person entering or leaving the facility.

No adult visitor may be admitted without government-issued photo identification. e. prominently feature the following notice: b. Record “This information must be safeguarded. Use is restricted to those who need the information in the performance of their official duties. Misuse shall subject the user to criminal liability. This agency shall view any misuse of this information as a serious violation of the Employee Code of Conduct, which may result in disciplinary action, including removal." 6. round-the-clock accountability for equipment; and 2.4 | Facility Security and Control 83 1) The post officer shall maintain the visitor logbook, a bound ledger in which all non-staff visits are to be recorded.

2) Every entry in the logbook shall identify the person or department visited, date and time of the visitor’s arrival, purpose of visit, unusual requests and time of departure. 3) The entry for a person visiting a detainee shall also include the name and A-number of the PBNDS 2011 (Revised December 2016) detainee being visited, and the address and relationship to the detainee. The post officer shall require the visitor to print and sign his/her name in the visitor logbook. 4) All ICE/ERO employees shall wear ICE/ERO­ issued identification cards (to include photograph and name).

The facility shall maintain a tracking mechanism for all staff permanently stationed at the facility. This mechanism shall include a process to rapidly verify all staff entering and leaving the perimeter. 5) The facility administrator shall establish procedures for tracking the arrivals and departures of contract employees. However, the main gate/front entrance officer shall maintain a separate file of contract employee Forms G-74, or equivalent, laminated, with photograph, issue date, expiration date (if applicable), and the facility administrator’s signature. c. Visitor Passes The facility administrator shall establish procedures for issuing color-coded visitor passes to all visitors entering the facility via the main gate/front entrance.

Visitors must prominently display this pass on an outer garment, where it is visible (at a glance) to staff. The post officer shall check the validity of the identification. In exchange for the photo- identification card (e.g., driver’s license, student ID card), the post officer shall issue the visitor a color-coded pass, provided the photo resembles the visitor closely enough to identify the visitor. The visitor must leave his/her photo- identification card with the post officer until the end of the visit, marked by the time-out entry in the logbook.

The post officer shall hold all visitor identification cards at the main gate front entrance, for the following security reasons: 1) to account for visitors in the event of an emergency (e.g., medical, fire, hostage situation, or other incident); 2) as a check on logbook data; and 3) as a disincentive for criminal or disruptive behavior (e.g., distributing drugs or other contraband; inciting an internal disturbance or riot, etc.). d. Blue Visitor Passes (or color-coded equivalent) ICE/ERO employees not permanently stationed at the facility, and official visitors from other Department of Homeland Security agencies, shall receive “blue” passes. Visitors with blue passes do not need, but may request, escorts. The post officer shall record every official visitor’s arrivals and departures in the visitor logbook, including the person or department visited, date and time of visitor’s arrival, purpose of visit, unusual requests and time of departure. To save time, all ICE/ERO employees with frequent business at the facility but stationed elsewhere shall complete a G-74 form, or equivalent, for the front-entrance personal data card file. e. Yellow Visitor Passes (or color-coded equivalent) Law enforcement officers not directly connected with ICE/ERO, vendors and other persons visiting in an official capacity shall receive “yellow” passes.

Their visits shall be recorded in the visitor logbook. Escorts are required for visitors with yellow passes. f. Orange Visitor Passes (or color-coded equivalent) “Orange” passes shall be distributed to contractual construction service personnel, including: 1) representatives of the Army Corps of Engineers, and 2) contractors, including sub-contractors, employees, laborers, supervisors, etc. 2.4 | Facility Security and Control 84 PBNDS 2011 (Revised December 2016) Each facility administrator shall require such persons to identify themselves, consistent with the photo-ID requirements stated above in the standard, and shall devise procedures for issuing construction visitor passes, including requirements for each visitor to display his/her pass. Procedures will also provide for a listing of facility areas where construction visitors are authorized to be present and to work. Visitors with orange visitor passes must be escorted. g. Red Visitor Passes (or color-code equivalent) Non-official persons visiting detainees or visiting the facility, regardless of affiliation, shall receive “red” passes.

The post officer shall enter their visits in the visitor logbook as specified under the “Record” section of this standard. Escorts are required for visitors with red passes. If a visitor leaves the facility without surrendering the visitor pass and retrieving his/her identification card, the post officer shall photocopy the identification card and attach it to a memo to the shift supervisor stating the: cards, and reporting to the shift supervisor any unusually long visits (as indicated by an identification card which has yet to be retrieved and/or a missing visitor’s pass which has yet to be returned). 2.

Vehicle Entrance a. Identification The main-gate front-entrance assigned staff member shall control all (vehicle) traffic entering and leaving the facility. The officer shall check the driver’s license of the driver entering into the facility, regardless of purpose (e.g., visit, delivery), and may require proof of insurance, especially for vehicles to be driven on the grounds. The officer will also check the identification of every passenger in the vehicle. The officer may admit the vehicle only if the license and insurance are valid.

While the driver is within the facility’s secure perimeter, the officer shall hold the driver’s license or identification of every person entering the facility, as specified under the “Visitor Passes” section in this standard. 1) visitor’s name; b. Vehicle Log 2) visitor’s title (if applicable); 3) person or department visited; 4) time the pass was issued; 5) reason for not retrieving the pass from the visitor and/or not returning the identification card; and 6) other relevant observations (for example, suspicious or emotionally charged behavior, use of rude language, demeanor). The main gate front-entrance assigned staff member must account for all visitor passes when coming on duty, immediately reporting any discrepancies to the shift supervisor. The post officer is also responsible for monitoring the inventory of visitor passes and identification The post officer shall log the following information regarding every vehicle: tag number, driver’s name, firm represented, purpose of the visit, (e.g., repairs, delivery, etc.), vehicle contents, date, time in, time out and facility employee responsible for the vehicle on-site. c. Controls 1) The main-gate front-entrance assigned staff member shall search the vehicle before it enters or leaves the facility, both to prevent the introduction/removal of contraband and to prevent the vehicle’s use as a means of escape.

All drivers making deliveries must submit to a personal search and questioning about firearms, munitions, knives, ropes, jacks, narcotics and other items considered contraband. (For more detailed information, 2.4 | Facility Security and Control 85 PBNDS 2011 (Revised December 2016) see standard “2.3 Contraband”). 2) Any article posing a threat to the facility’s security shall be held at the gate or removed from facility grounds. The driver of a delivery vehicle may be accompanied by one or more co­ worker(s), but not by unauthorized passengers.

3) The facility employee responsible for vehicle oversight shall, as escort: a) walk behind the vehicle; b) directly supervise loading and unloading; c) retain the ignition keys, never leaving them in the vehicle; and d) close windows, lock doors and trunks, secure toolboxes, ladders, etc., before leaving the vehicle unattended. 4) Before approaching the exit gate, the driver shall stop at a spot designated. The gate operator shall not allow the vehicle to depart until he/she is satisfied that neither the driver nor the escorting officer is under duress. With that established, officers shall again search the vehicle.

If a thorough search is impossible to conduct, the vehicle shall be unloaded or held pending completion of the next official count. If the vehicle or vehicular equipment must remain inside the compound overnight, staff shall render it inoperable. 5) If the post officer has doubts about a person’s identity, he/she shall not permit the person to exit, pending positive identification. 6) Staff shall handle any legal or special mail delivered to the facility for detainees in accordance with standard “5.1 Correspondence and Other Mail” D. General Population Housing Units procedures, in accordance with standard “2.9 Post Orders.” Those post orders shall require that housing officers maintain a housing unit log for recording information regarding routine unit operations, as well as unusual and emergency incidents.

Housing unit post orders shall follow the event schedule format, for example, “0515—Lights on” and shall direct the assigned staff member to maintain a unit log of pertinent information regarding detainee activity. The shift supervisor shall visit each housing area and initial the log on each shift at least once per tour. 2. Supervision and Communication Security officer posts shall be located in or immediately adjacent to detainee housing units to permit officers to see or hear and respond to emergency situations.

Personal contact and interaction between housing staff and detainees shall be expected and required. As prescribed by standard “2.9 Post Orders,” staff shall observe, supervise and control movement of detainees from one area to another. No detainee may ever be given authority over, or be permitted to exert control over, any other detainee. The facility administrator, designated assistant facility administrator, supervisors and others designated by the facility administrator shall be required to visit all housing units weekly at minimum to observe living conditions and interact informally with detainees.

Such visitors shall record their visits by initialing the housing unit log. E. Special Management Unit (SMU) Because Special Management Units are inherently among the most secure areas of any detention facility, special security and control measures are required for these units. 1. Post Orders and Housing Records 1.

Control of Contraband and Tools For each housing unit, the facility administrator shall establish written post orders with step-by-step Every facility administrator shall establish a written policy and procedures to secure the SMU from 2.4 | Facility Security and Control 86 PBNDS 2011 (Revised December 2016) contraband. Items allowed to enter SMUs shall be kept to an absolute minimum. Any item allowed into the unit, including laundry, commissary, food carts and personal property, shall be thoroughly inspected and searched to prevent the introduction of contraband. In the event that it becomes necessary to introduce tools into the unit, special care shall be taken.

Prior to entering, all tools shall be inventoried by the special housing officer. Tools shall be identified and checked against the inventory upon departing to ensure that no tools, hazardous objects, or materials are left in the unit. 2. Control of Entrances In facilities with the ability to do so, the SMU entrance in regular use shall have a sally port, which shall be operated so that the inner and outer doors cannot both be open simultaneously.

Officers on the inside and outside shall independently check the identification of every person going in or out, and each officer must positively confirm a person’s identity before allowing him/her through the door. Also, in accordance with written procedures established by the facility administrator, these officers shall take precautions to ensure that the person requesting entry or exit is not doing so under duress. 3. Control of Food Carts Food carts shall be securely locked before leaving the food service area for delivery to the SMU.

If this is not possible, a staff escort is required. 4. Control of Keys Staff assigned to the SMU or SMU visiting area shall have keys to the inner door(s) of the sally port, but not to the outside door(s). Conversely, staff outside the SMU or SMU visiting area shall have keys to the sally port’s outer door(s) but not the inner door(s).

Under no circumstances shall one individual hold keys to both the inner and outer doors of the sally port.

F. Security Inspections 1.

Required Written Security Inspection Procedures Each facility shall establish a comprehensive security inspection system that addresses every area of the facility, specifically including the perimeter fence line and other areas specified below in the standard. Frequent unannounced security inspections shall be conducted on day and night shifts to control the introduction of 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. Each officer who assumes a post assignment shall conduct a security check of the area, record the results in the post logbook, and prepare and submit maintenance work requests as necessary.

Documentation of all daily inspections—shift, area and post—is required. Completed inspection forms, along with the schedule of inspections shall be submitted to the Chief of Security. The daily inspection plan shall also provide guidelines for security-feature checks and for reporting security concerns, vulnerabilities and inconsistencies, such as inoperable security cameras. The facility administrator shall identify the staff member responsible for the oversight of the facility’s daily security inspection process.

Normally, the shift supervisor (or equivalent) shall handle this responsibility, under the Chief of Security (or equivalent). The shift supervisor or designee shall review all search and inspection documentation. The shift supervisor or designee shall report recurrent maintenance work problems to the 2.4 | Facility Security and Control 87 PBNDS 2011 (Revised December 2016) department head and/or assistant facility administrator. Such problems include, for example, unresponsiveness to work orders, failure to take corrective action, and/or failed attempts to resolve a problem within a reasonable timetable.

2. Perimeter Inspections Perimeter inspections shall occur frequently, but at irregular times, as follows. a. Walls, fences and exits, including all outside windows shall be inspected for defects at least once per shift, and perimeter alarm systems shall be tested daily. b. Once per shift or daily, at the facility administrator’s discretion, locations on the grounds shall be inspected where detainees could arrange for visitors to leave contraband. c. Daily along the perimeter fence, checked by the assigned staff member(s): 1) walking the entire fence line; checking the tension wire and binding straps and all hardware attached to the poles to ensure tautness; examining wings for cut links; and testing the links fastening the sides of the fence bottom to the fence; and 2) simulating a detainee’s climbing the fence by pulling on the fence. (Jerking the fence back and forth does not simulate climbing and is an insufficient simulation.) In a functional alarm system, the pull-test shall activate the alarm, after which staff shall immediately notify the control center of the need to reset the alarm. In the event that the fence-climbing simulation is insufficient to activate the alarm, the facility administrator shall be immediately notified so as to take corrective action. d. The facility maintenance supervisor and Chief of Security shall check the fence monthly, documenting the results in the shift supervisor’s daily log.

3. Housing Units Each facility administrator shall establish a written policy and procedures for housing unit and personal area searches and the use of canine units. Canine units may be used only for contraband detection. Canine units shall not be used for force, control or intimidation of detainees (see standard “2.15 Use of Force and Restraints”). a. Searches of Detainee Housing Areas Staff may search a detainee’s housing area and personal items without prior notice, without detainee approval and without the detainee being present.

Housing area searches shall take place irregularly, so as not to establish a predictable pattern. For a cell search, staff shall remove the detainee from the cell. Staff must pay particular attention to plumbing facilities, ventilators, beds, bedding, tables, chairs, books, etc., and be on the alert for contraband in false bottoms, hidden compartments, hollow legs, etc. After the search, staff shall restore all items as close as possible to their original order. b. Search Log Each housing unit, including the SMU, shall document cell and area searches in a search log that registers the date, time and findings, including location where contraband was found, type of contraband and the searching officers’ names. 4.

Searches of Utility Areas Staff shall conduct irregular searches of storage and supply rooms, plumbing accesses, walls (particularly around ventilators and windows), lighting and plumbing fixtures, drains, etc., in the housing areas. These searches shall occur at least once per shift. 5. Searches of Shops and Buildings Assigned staff shall routinely inspect all areas of the facility, at odd hours, according to no fixed 2.4 | Facility Security and Control 88 PBNDS 2011 (Revised December 2016) schedule.

For searches of areas with specialized equipment or supplies, the respective department head shall be present to ease access to locked areas and to help determine the status of any questionable items. Staff shall document these searches in a logbook maintained by the shift supervisor. G. Detainee-on-Detainee Physical Assaults The facility administrator shall ensure that the FOD is notified of any physical assault on an ICE detainee by another detainee or inmate housed at the facility. This includes one or more detainees or inmates engaging in an act of violence against another ICE detainee or the intentional attempt to harm that detainee through force or violence, regardless of whether injury results or a weapon is used.

The facility shall ensure a thorough investigation of any incidents of physical assault perpetrated on an ICE detainee, consistent with the requirements of Standard 3.1 “Disciplinary System.” H. Staff-on-Detainee Physical Assaults The facility administrator shall ensure that the FOD is notified of any incident or allegation of a physical assault perpetrated by staff against a detainee. This includes any incident or allegation of facility staff engaging in an act of violence against a detainee, or any intentional attempt to harm that detainee through force or violence, regardless of whether injury results or a weapon is used. The facility shall ensure a thorough investigation of any incident or allegation of staff-on-detainee physical assault, and staff determined to have perpetrated a physical assault on a detainee shall be appropriately disciplined; the results of the investigation shall be transmitted to the FOD. I. Staff Misconduct The facility administrator shall ensure that the FOD is promptly notified of any incident or allegation of staff misconduct if that misconduct relates to treatment of ICE detainees, to the security or safety of the facility, or to compliance with detention standards or the provisions of the facility’s contract with ICE.

Note that Standard 6.2 “Grievance System” also requires that ICE be notified of any allegation of staff misconduct that is contained in a detainee grievance. 2.4 | Facility Security and Control 89 PBNDS 2011 (Revised December 2016)