ICE PBNDS 2011, Standard 5.4

5.4 Recreation I. Purpose and Scope This detention standard ensures that each detainee has access to recreational and exercise programs and activities, within the constraints of safety, security and good order. 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.

For all types of facilities, procedures that appear in italics with a marked (**) on the page indicate optimum levels of compliance for this standard. 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.

Detainees shall have daily opportunities at a reasonable time of day to participate in leisure- time activities outside their respective living areas. 2. Detainees shall have access to exercise opportunities and equipment at a reasonable time of day, including at least one hour daily of physical exercise outside the living area, and outdoors when practicable. Facilities lacking formal outdoor recreation areas are encouraged to explore other, secure outdoor areas on facility grounds for recreational use.

Daily indoor recreation shall also be available. During inclement weather, detainees shall have access to indoor recreational opportunities, preferably with access to natural light. **Detainees shall have at least four hours a day access, seven days a week, to outdoor recreation, weather and scheduling permitted. Outdoor recreation shall support leisure activities, outdoor sports and exercise as referenced and defined by the National Commission on Correctional Health Care Standards, provided outside the confines of the housing structure and/or other solid enclosures. 3.

Any detainee housed in a facility that does not meet minimum standards for indoor and outdoor recreation shall be considered for voluntary transfer to a facility that does meet minimum standards for indoor and outdoor recreation. 4. Each detainee in a Special Management Unit (SMU) shall receive (or be offered) access to exercise opportunities and equipment outside the living area and outdoors, when practicable, unless documented security, safety or medical considerations dictate otherwise. Detainees in the SMU for administrative reasons shall receive at least one (1) hour a day, seven (7) times a week, detainees in the SMU for disciplinary reasons shall receive at least one (1) hour a day, five (5) times per week.

5. Each recreation volunteer who provides or participates in facility recreational programs shall complete an appropriate, documented orientation program and sign an acknowledgement of his/her understanding of the applicable rules and procedures and agreement to comply with them. 6. The facility shall provide communication assistance to detainees with disabilities and 5.4 | Recreation 370 PBNDS 2011 (Revised December 2016) 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. All written materials provided to English speaking detainees shall generally be translated into Spanish. Where practicable, provisions for written translation shall be made for other significant segments of the population with limited English proficiency.

Oral interpretation or assistance shall be provided to any detainee who speaks another language in which written material has not been translated or who is illiterate.

III.

Standards Affected This detention standard replaces “Recreation” dated 12/2/2008. IV. References American Correctional Association, Performance- based Standards for Adult Local Detention Facilities, 4th Edition: 4-ALDF-5C-01, 5C-02, 5C­ 03, 5C-04, 2A-66, 5A-01, 6B-04, 7B-03, 7C-02, 7F­ 05.

V. Expected Practices A. Indoor and Outdoor Recreation 1.

It is expected that every ICE/ERO detainee shall be placed in a facility that provides indoor and outdoor recreation. However, in exceptional circumstances, a facility lacking outdoor recreation opportunities or any recreation area may be used to provide short-term housing. 2. If a facility does not have an outdoor area, a large recreation room with exercise equipment and access to sunlight shall be provided.

3. If a detainee is housed for more than 10 days in a facility that provides neither indoor nor outdoor recreation, he/she may be eligible for a voluntary transfer to a facility that does provide recreation. 4. If a detainee is housed for more than three months in a facility that provides only indoor recreation, he/she may be eligible for a voluntary transfer to a facility that provides outdoor recreation.

B. Recreation Schedule If outdoor recreation is available at the facility, each detainee in general population shall have access for at least one hour, seven days a week, at a reasonable time of day, weather permitting. Detainees shall have access to clothing appropriate for weather conditions. If only indoor recreation is available, detainees in general population shall have access for no less than one hour, seven days a week and shall have access to natural light. **Detainees in the general population shall have access at least four hours a day, seven days a week to outdoor recreation, weather and scheduling permitted. Daily indoor recreation shall also be available.

During inclement weather, detainees shall have access to indoor recreational opportunities with access to natural light. Recreation schedules shall be provided to the detainees or posted in the facility. Under no circumstances shall the facility require detainees to forgo basic law library privileges for recreation privileges. (See standard “6.3 Law 5.4 | Recreation 371 PBNDS 2011 (Revised December 2016) Libraries and Legal Material.”) C. Recreation Specialist The facility administrator shall designate an individual responsible for the development and oversight of the recreation program.

Every facility with a rated capacity of 350 or more ICE detainees shall employ a fulltime recreation specialist with special training in implementing and overseeing a recreation program. The recreation specialist shall assess the needs and interests of the detainees.

D. General Requirements 1.

All facilities shall provide recreational opportunities for detainees with disabilities. 2. Exercise areas shall offer a variety of equipment. Weight training, if offered, must be limited to fixed equipment.

Free weights are prohibited. 3. Cardiovascular exercise shall be available to detainees for whom outdoor recreation is unavailable. 4.

Recreational activities shall be based on the facility’s size and location. Recreational activities may include limited-contact sports, such as soccer, basketball, volleyball and table games, and may extend to intramural competitions among units. Dayrooms in general population housing units shall offer board games, television and other sedentary activities. Detention personnel shall supervise dayroom activities, distributing games and other recreation materials daily.

5. All detainees participating in outdoor recreation shall have access to drinking water and toilet facilities. 6. Detention or recreation staff shall search recreation areas before and after use to detect altered or damaged equipment, hidden contraband and potential security breaches.

They shall also issue all portable equipment items, and check each item for damage and general condition upon its return. 7. Programs and activities are subject to the facility’s security and operational guidelines and may be restricted at the facility administrator’s discretion. 8.

Recreation areas shall be under continuous supervision by staff equipped with radios or other communication devices to maintain contact with the Control Center. 9. Contraband searches of detainees who are moving from locked cells or housing units to recreation areas shall be conducted in accordance with standard “2.10 Searches of Detainees.” 10. Detainees may engage in independent recreation activities, such as board games and small-group activities, consistent with the safety, security and orderly operation of the facility.

11. The facility administrator shall establish facility policy concerning television viewing in dayrooms. All television viewing schedules shall be subject to the facility administrator’s approval. **Detainees shall be provided FM wireless headsets for television viewing, with access to appropriate language stations or choices. E. Recreation for a Special Management Unit (SMU) Recreation for detainees housed in the SMU shall occur separately from recreation for the general population.

Facilities are encouraged to maximize opportunities for group participation in recreation and other activities, consistent with safety and security considerations. Recreation for certain individuals shall occur separate from all other detainees when necessary or advisable to prevent assaults and reduce management problems. The facility administrator shall develop and implement procedures to ensure that detainees who must be kept apart never 5.4 | Recreation 372 PBNDS 2011 (Revised December 2016) participate in activities in the same location at the same time. Unless documented security, safety or medical considerations dictate otherwise: Each detainee in a Special Management Unit (SMU) shall receive (or be offered) access to exercise opportunities and equipment outside the living area and outdoors, unless documented security, safety or medical considerations dictate otherwise.

Detainees in the SMU for administrative reasons shall be offered at least one hour of exercise opportunities per day, seven days a week, outside their cells, and outdoors when practicable, and scheduled at a reasonable time. **Facilities operating at the optimal level shall offer detainees at least two hours of recreation or exercise opportunities per day, seven days a week. Detainees in the SMU for disciplinary reasons shall be offered at least one hour of exercise opportunities per day, five days per week, outside their cells, and outdoors when practicable, and scheduled at a reasonable time. **Facilities operating at the optimal level shall offer detainees at least one hour of recreation or exercise opportunities per day, seven days a week. Where cover is not provided to mitigate inclement weather, detainees shall be provided weather- appropriate equipment and attire. The recreation privilege shall be denied or suspended only if the detainee’s recreational activity may unreasonably endanger safety or security: 1.

A detainee may be denied recreation privileges only with the facility administrator’s written authorization, documenting why the detainee poses an unreasonable risk even when recreating alone; however, when necessary to control an immediate situation for reasons of safety and security, SMU staff may deny an instance of recreation, upon verbal approval from the shift supervisor, and shall document the reasons in the unit logbook(s). The supervisor may also require additional written documentation for the facility administrator. When a detainee in an SMU is deprived of recreation (or any usual authorized items or activity), a written report of the action shall be forwarded to the facility administrator. Denial of recreation must be evaluated daily by a shift supervisor.

2. A detainee in disciplinary segregation may temporarily lose recreation privileges upon a disciplinary panel’s written determination that he/she poses an unreasonable risk to the facility, himself/herself or others. 3. When recreation privileges are suspended, the disciplinary panel or facility administrator shall provide the detainee written notification, as well as documentation of the reason for the suspension, any conditions that must be met before restoration of privileges, and the duration of the suspension provided the requisite conditions are met for its restoration.

4. The case of a detainee denied recreation privileges shall be reviewed at least once each week as part of the reviews required for all detainees in SMU status. 5. In accordance with SMU procedures, and using the forms required in standard “2.12 Special Management Units,” the reviewer(s) shall state, in writing, whether the detainee continues to pose a threat to self, others, or facility security and, if so, why.

6. Denial of recreation privileges for more than seven days requires the concurrence of the facility administrator and a health care professional. It is expected that such denials shall rarely occur and only in extreme circumstances. 7.

The facility shall notify the ICE/ERO Field Office Director in writing when a detainee is denied recreation privileges in excess of seven days. 5.4 | Recreation 373 PBNDS 2011 (Revised December 2016) F. Other Programs and Activities 3. other organized activities or recreational Facilities shall offer access to leisure reading materials, through libraries with regular hours, book carts or other means. Reading materials in English, Spanish and, if practicable, other languages, should be made available. ** Facilities shall offer other programmatic activities, such as: 1. educational classes or speakers; 2. sobriety programs such as alcoholics anonymous; and programs. G. Volunteer Program Involvement A volunteer group may provide a special recreational or educational program, consistent with security considerations, availability of detention personnel to supervise participating detainees, and sufficient advance notification to the facility administrator.

Standard “5.7 Visitation” details requirements that must be met for a volunteer to be approved to visit with or provide religious activities for detainees. 5.4 | Recreation 374 PBNDS 2011 (Revised December 2016)