ICE PBNDS 2011, Standard 7.4

7.4 Detainee Transfers I. Purpose and Scope This detention standard is written to ensure that transfers of detainees from one facility to another are accomplished in a manner that ensures the safety and security of the staff, detainees, and the public; and that the process relating to transfers of detainees is carried out professionally and responsibly with respect to notifications, detainee records, and the protection of detainee funds and property. 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.

Decisions to transfer detainees are made by the Field Office Director or his/her designee on the basis of complete and accurate case information and principles set forth in the ICE/ERO Detainee Transfers Directive and other applicable ICE/ERO policies. All detainee transfers and transfer determinations shall be based on a thorough and systematic review of the most current information available by ICE/ERO. 2. The legal representative-of-record shall be notified as soon as practicable, but no later than 24 hours after the detainee is transferred, in accordance with sound security practices.

Contacting the legal representative-of-record will be the responsibility of ICE/ERO. 3. The detainee shall be informed of the transfer orally and in writing in a language or manner that he/she can understand, immediately prior to transport. 4.

Transportation staff, as well as sending and receiving facility staff, shall have accurate and complete records for each transferred detainee. 5. Transfers of detainees shall be accomplished safely and securely. 6.

Detainees shall be transferred with appropriate medication(s) and medical and referral information to ensure continuity of care with the receiving facility’s medical services. 7. Transferred detainee funds, valuables and other personal property shall be safeguarded and transported in compliance with standards “1.3 Transportation (by Land),” “2.1 Admission and Release” and “2.5 Funds and Personal Property.” 8. 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. All written materials provided to 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 “Transfer of 7.4 | Detainee Transfers 457 PBNDS 2011 (Revised December 2016) Detainees” dated 12-2-2008 IV. References American Correctional Association 4th Edition, Standards for Adult Detention Facilities: 4-ALDF-2A­ 23, 1B-06, 4C-05, 4C-40, 4D-27, 6A-07, 7D-19, 7D-20. National Commission on Correctional Health Care, Standards for Health Services in Jails (2014) ICE/ERO Performance-based National Detention Standards 2011: B. Responsibilities of the Sending Facility – Notifications 1. Communications with ICE A detainee may not be transferred from any facility without the appropriate I-203 (Notice to Detain or Release) or I-216 (Record of Person and Property Transfer) that authorizes the detail.

If the facility administrator or his or her designee believes that a scheduled transfer of a detainee should not take place, the facility administrator shall notify ICE/ERO prior to the transfer. • “1.3 Transportation (by Land)”; 2. Detainee Notification • “2.1 Admission and Release”; • “2.5 Funds and Personal Property”; • “4.3 Medical Care”; and • “4.4 Medical Care (Women).” ICE/ERO Detainee Transfers Directive V. Expected Practices A. Responsibilities of ICE/ERO 1. Decisions to transfer detainees are made by the Field Office Director or his or her designee on the basis of complete and accurate case information and principles set forth in the ICE/ERO Detainee Transfers Directive and other applicable ICE/ERO policies. 2.

Attorney notifications relative to detainee transfers are the responsibility of ICE/ERO, which will make attorney notifications in accordance with the ICE Detainee Transfers Directive and other applicable ICE/ERO policies. The legal representative-of-record shall be notified as soon as practicable, but no later than 24 hours after the detainee is transferred, in accordance with sound security practices. Contacting the legal representative-of-record will be the responsibility of ICE/ERO. Immediately prior to transfer, the sending facility shall ensure that the detainee is informed, in a language or manner he or she can understand, that he or she is being transferred to another facility and is not being removed (if applicable). a. The sending facility shall ensure that specific plans and time schedules are not discussed with detainees and that following notification, the detainee: 1) is not permitted to make or receive any telephone calls until the detainee reaches the destination facility; and 2) does not have contact with any detainee in the general population until the detainee reaches the destination facility. b. At the time of the transfer, the sending facility shall provide the detainee, in writing, the name, address, and telephone number of the facility to which he or she is being transferred, using the attached Detainee Transfer Notification Form. c. The sending facility shall ensure that the detainee acknowledges, in writing, that: 1) he or she has received the transfer destination information; 2) it is his or her responsibility to notify 7.4 | Detainee Transfers 458 PBNDS 2011 (Revised December 2016) family members if so desired, upon admission into the receiving facility; and 3) he or she may place a domestic phone call, at no expense to the detainee, upon admission into the receiving facility. d. The sending facility will place a copy of the Detainee Transfer Notification Form in the detainee’s detention file.

3. Notification to the Health Care Provider Upon receipt of an authorization to transfer a detainee from ICE/ERO, the sending facility staff shall notify the facility health care provider so that the health care provider can prepare a medical transfer summary sheet and the detainee’s full medical records to accompany the transfer. The facility health care provider shall be notified sufficiently in advance of the transfer that medical staff may determine and provide for any associated medical needs. 4.

Preparation for Transfer, Notification to Escorting Officers a. The sending facility shall ensure that a properly executed I-203 or I-216 accompanies the transfer. b. The sending facility shall ensure that escorting officers are advised of any security considerations relative to detainees to be transported so that escorting officers can take necessary precautions. In SPCs, CDFs, and IGSAs with a sufficient ICE/ERO onsite presence, the authorized ICE official shall check records and ascertain if the detainee has a criminal history, is dangerous or has an escape record. Any information of an adverse nature shall be clearly indicated on the G­ 391 and the escorting officers shall be warned to take the necessary precautions. 5.

Food and Water during Transfer Food and water shall be provided in accordance with the detention standard on transportation by land. The sending facility is responsible for the preparation and delivery of proper meals prior to departure. C. Responsibilities of the Health Care Provider at the Sending Facility 1. Transfer of the Detainee’s Medical Information When a detainee is transferred to another detention facility, the sending facility shall ensure that a Medical Transfer Summary accompanies the detainee.

2. Medical Transfer Summary a. The sending facility’s medical staff shall prepare a Medical Transfer Summary that must accompany the detainee. The Medical Transfer Summary shall include, at a minimum, the following items: 1) patient identification; 2) tuberculosis (TB) screening results (including results date) and current TB status if TB disease is suspected or confirmed; 3) current mental, dental, and physical health status, including all significant health issues, and highlighting any potential unstable issues or conditions which require urgent follow-up; 4) current medications, with instructions for dose, frequency, etc., with specific instructions for medications that must be administered en route; 5) any past hospitalizations or major surgical procedures; 6) recent test results, as appropriate; 7) known allergies; 8) any pending medical or mental health evaluations, tests, procedures, or treatments 7.4 | Detainee Transfers 459 PBNDS 2011 (Revised December 2016) for a serious medical condition scheduled for the detainee at the sending facility. In the case of patients with communicable disease and/or other serious medical needs, detainees being released from ICE custody are given a list of community resources, at a minimum; 9) copies of any relevant documents as appropriate; and 10)the name and contact information of the transferring medical official.

The IHSC Form 849 or equivalent, or the Medical Transfer Summary attached as Appendix 4.3.C, which mirrors IHSC Form 849, may be used by facilities to ensure compliance with these standards. 3. Notification of Medical/Psychiatric Alerts or Holds Upon receiving notification that a detainee is to be transferred, appropriate medical staff at the sending facility shall notify the facility administrator of any medical/psychiatric alerts or holds that have been assigned to the detainee, as reflected in the detainee’s medical records. The facility administrator shall be responsible for providing notice to ICE/ERO of any medical/psychiatric alerts or holds placed on a detainee that is to be transferred.

4. Medical Holds If a detainee has been placed in a medical hold status, the detainee must be evaluated and cleared by a licensed independent practitioner (LIP) prior to transfer. If the evaluation indicates that transfer is medically appropriate but that health concerns associated with the transfer remain, medical staff at the sending facility shall notify ICE and shall provide ICE requested information and other assistance, to the extent practicable, to enable ICE to make appropriate transfer determinations. 5.

Medical Escort The CMA or designee must inform the facility administrator in writing if the detainee’s medical or psychiatric condition requires a medical escort during transfer. 6. Medications a. Prior to transfer, medical staff shall provide the transporting officers instructions and, if applicable, medication(s) for the detainee’s care in transit. b. Medical staff shall ensure that the detainee is transferred with, at a minimum, seven (7) days’ worth of prescription medications (for TB medications, up to 15 days’ supply, and for HIV/AIDS medication a 30 day supply) to guarantee the continuity of care throughout the transfer and subsequent intake process. c. Medication shall be: 1) placed in a property envelope labeled with the detainee’s name and A-number and appropriate administration instructions; 2) accompany the transfer; and 3) if unused, turned over to the receiving medical personnel. D. Responsibilities of the Sending Facility Relative to Detainees’ Property Prior to Transport Before transferring a detainee, the sending facility’s processing staff shall ensure that all funds and small valuables are properly documented on the G-589 and I-77 or equivalent.

1. Funds and Small Valuables Before transfer, the sending facility shall return all funds and small valuables to the detainee and close out all Forms G-589 (or local IGSA funds and valuables receipts) in accordance with the Detention Standard on Funds and Personal Property. 7.4 | Detainee Transfers 460 PBNDS 2011 (Revised December 2016) During transport, a detainee shall ordinarily have the following items in his or her possession; however, items that might present a security risk or are particularly bulky may be transported separately in the vehicles’ storage area. Personal items include: • Cash • All legal material • Small valuables such as jewelry • Address books, phone lists, correspondence • Dentures, prescription glasses • Small religious items • Photos • Similar small personal property items.

The receiving facility shall create a new G-589 (or local IGSA funds and valuables receipt) during admissions in-processing in accordance with the Detention Standard on Funds and Personal Property. 2. Large Valuables, Excess Luggage, and Other Bulky Items Detainee access to large items of personal property during transport is prohibited; however, ordinarily, all items stored at the sending facility shall accompany the transferee to the receiving SPC, CDF or, in most cases, the receiving IGSA facility. If the property accompanies the detainee, in accordance with the Detention Standard on “Funds and Personal Property”: a. The sending facility shall close out all Forms G-589 (or local IGSA property receipt forms), and b. The receiving facility shall create a new G-589 and I-77 (or local IGSA property receipt forms) during admissions in-processing.

If the receiving facility does not accept excess, oversized or bulky belongings (including, but not limited to, suitcases, cartons, televisions, etc.), the sending facility shall: a. Arrange to store the property elsewhere; or process the excess property in accordance with ERO standard operating procedures. b. If the detainee refuses to provide an appropriate mailing address, or is financially able but unwilling to pay for shipping, notify ICE/ERO. ICE/ERO may dispose of the property after providing the detainee written notice in accordance with the ICE/ERO standard operating procedures. c. If the detainee cannot provide an appropriate address because one does not exist, the detainee shall keep the property receipts for the stored items, and the facility shall store the property and notify the receiving facility in writing that the transferring facility requires notice, before the detainee’s release or further transfer, to ensure the detainee receives the stored property.

E. Responsibilities of the Transporting Officer 1.

The transporting officer may not transport a detainee without the required documents, including: a. the Medical Transfer Summary; and b. a properly executed Form I-203 or I-216, or equivalent form. 2. The transporting officer shall review the information for completeness and to make sure that he or she has the supplies required to provide any in-transit care that is indicated. 3.

Any transportation officer who reviews the Medical Transfer Summary shall protect the privacy of the detainee’s medical information to the greatest extent possible, and may not share 7.4 | Detainee Transfers 461 PBNDS 2011 (Revised December 2016) medical information unless necessary to safely fulfill transportation responsibilities. 4. The Transporting Officer is responsible for delivering the Medical Transfer Summary to personnel at the receiving facility and shall advise them of any medications provided to the detainee in transit. 5.

The receiving facility must report any exceptions to the ICE/ERO Field Office and the Deputy Assistant Director, Detention Management Division.

F. Post Transfer Activities 1.

After admission into the receiving facility or Field Office, all detainees must be offered the opportunity to make one domestic three-minute phone call at no cost to the detainee. 2. The responsible processing supervisor or his/her designee shall ensure that the detainee is informed promptly that he or she may notify interested persons of the transfer. The offer to make a domestic call, as referenced above, will be documented and signed by processing staff and by the detainee.

A copy of the documentation verifying that a detainee was offered a three- minute phone call will be filed in the detainee’s detention folder. 7.4 | Detainee Transfers 462 PBNDS 2011 (Revised December 2016) DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT DETAINEE TRANSFER NOTIFICATION DETAINEE NAME ______________________________A# ______________ NATIONALITY __________________________________________________ TRANSFER DESTINATION NAME OF NEW FACILITY ________________________________________ ADDRESS ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ TELEPHONE NUMBER ______________________________ I hereby acknowledge that I have received the transfer destination information. I have also been notified that it is my responsibility to notify family members, if I so desire, and that I will be provided with one free phone call when I arrive at my destination. DETAINEE SIGNATURE ____________________ A#________ DATE ____________ OFFICER SIGNATURE ________________________________ DATE ____________