70CDCR24R00000013 - RFP - Attachment 6 - PBNDS 2011 Rev. 2016.pdf

Preface 0 PBNDS 2011

Preface

In keeping with our commitment to transform the immigration detention system, U.S. Immigration and Customs Enforcement (ICE) has revised its detention standards. These new standards, known as the Performance-Based National Detention Standards 2011 (PBNDS 2011), are an important step in detention reform.

ICE is charged with removing aliens who lack lawful status in the United States and focuses its resources on removing criminals, recent border entrants, immigration fugitives, and recidivists. Detention is an important and necessary part of immigration enforcement. Because ICE exercises significant authority when it detains people, ICE must do so in the most humane manner possible with a focus on providing sound conditions and care. ICE detains people for no purpose other than to secure their presence both for immigration proceedings and their removal, with a special focus on those who represent a risk to public safety, or for whom detention is mandatory by law.

The PBNDS 2011 reflect ICE's ongoing effort to tailor the conditions of immigration detention to its unique purpose. The PBNDS 2011 are crafted to improve medical and mental health services, increase access to legal services and religious opportunities, improve communication with detainees with no or limited English proficiency, improve the process for reporting and responding to complaints, and increase recreation and visitation.

The PBNDS 2011 are also drafted to include a range of compliance, from minimal to optimal. As such, these standards can be implemented widely, while also forecasting our new direction and laying the groundwork for future changes.

In closing, I would like to thank the ICE employees and stakeholders who provided significant input and dedicated many hours to revising these standards. I appreciate the collaboration and support in this important mission - reforming the immigration detention system to ensure it comports with our national expectations. The PBNDS 2011 are an important step in a multiyear process and I look forward to continued collaboration within ICE, with state and local governments, nongovernmental organizations, Congress, and all of our stakeholders as we move forward in reforming our detention system.

John Morton Director

Preface i PBNDS 2011

Table of Contents

1. SAFETY

4.4 Medical Care (Women)

4.5 Personal Hygiene

1.1 Emergency Plans

4.6 Significant Self-harm and Suicide Prevention and

1.2 Environmental Health and Safety

Intervention

1.3 Transportation (by Land)

4.7 Terminal Illness, Advance Directives and Death

2. SECURITY

4.8 Disability Identification, Assessment, and

2.1 Admission and Release

Accommodation

2.2 Custody Classification System

5. ACTIVITIES

2.3 Contraband

5.1 Correspondence and Other Mail

2.4 Facility Security and Control

5.2 Trips for Non-Medical Emergencies

2.5 Funds and Personal Property

5.3 Marriage Requests

2.6 Hold Rooms in Detention Facilities

5.4 Recreation

2.7 Key and Lock Control

5.5 Religious Practices

2.8 Population Counts

5.6 Telephone Access

2.9 Post Orders

5.7 Visitation

2.10 Searches of Detainees

5.8 Voluntary Work Program

2.11 Sexual Abuse and Assault Prevention and

Intervention

6. JUSTICE

2.12 Special Management Units

6.1 Detainee Handbook

2.13 Staff-Detainee Communication

6.2 Grievance System

2.14 Tool Control

6.3 Law Libraries and Legal Materials

2.15 Use of Force and Restraints

6.4 Legal Rights Group Presentations

3. ORDER

7. ADMINISTRATION AND MANAGEMENT

3.1 Disciplinary System

7.1 Detention Files

4. CARE

7.2 Interview and Tours

7.3 Staff Training

4.1 Food Service

7.4 Detainee Transfers

4.2 Hunger Strikes

7.5 Definitions

4.3 Medical Care

Table of Contents ii PBNDS 2011 (Revised December 2016)

Acronyms and Abbreviations

AFOD: Assistant Field Office Director

BIA: DOJ Board of Immigration Appeals

CBP: DHS Customs and Border Protection

CD: Clinical Director

CDC: Center for Disease Control, Department of Health and Human Services

CDF: Contract Detention Facility

CMA: Clinical Medical Authority

COR: Contracting Officer's Representative

CRCL: DHS Civil Rights and Civil Liberties

DHS: Department of Homeland Security

DOJ: Department of Justice

DRIL: ICE ERO Detention and Reporting Information Line

DSCU: ICE ERO Detention Standards Compliance Unit

EOIR: DOJ Executive Office for Immigration Review

ERO: ICE Enforcement and Removal Operations

FOD: Field Office Director

FSA: Food Service Administrator

GAB: Grievance Appeals Board

GO: Grievance Officer

HSA: Health Services Administrator

IAO: ICE Air Operations

IDP: Institution Disciplinary Panel

IGSA: Intergovernmental Service Agreement

IHSC: ICE Health Services Corps

JIC: DHS Joint Intake Center

LEP: Limited English Proficiency

LOP: Legal Orientation Program

LPR: Legal Permanent Resident

MDR: Multi-Drug Resistant

MOU: Memorandum of Understanding

MSDS: Material Safety Data Sheet

NCCHC: National Commission on Correctional Health Care

NCIC: National Crime Information Center, Federal Bureau of Investigation

NIC: DOJ National Institute of Corrections

OIC: Officer in Charge

OIG: DHS Office of the Inspector General

OPLA: ICE Office of the Principal Legal Advisor

OPR: ICE Office of Professional Responsibility

ORR: Office of Refugee Resettlement, Department of Health and Human Services

OSHA: Occupational Safety and Health Administration, Department of Labor

PBNDS: Performance-Based National Detention Standards

PII: Personally Identifiable Information

PREA: Prison Rape Elimination Act

SAFE: Sexual Assault Forensic Examiner

SANE: Sexual Assault Nurse Examiner

SART: Sexual Assault Response Team

SIR: Significant Incident Report

SMI: Serious Mental Illness

SMU: Special Management Unit

SPC: Service Processing Center

SRT: Situation Response Team

SRT: Special Response Team iii PBNDS 2011

1.1 Emergency Plans

I. Purpose and Scope This detention standard ensures a safe environment for detainees and employees by establishing contingency plans to quickly and effectively respond to emergency situations and to minimize their severity.

This detention standard applies to the following types of facilities housing ICE Enforcement and Removal Operations (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 and CDFs. 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. Each facility shall have in place contingency plans to quickly and effectively respond to emergency situations and to minimize their severity.

2. Staff shall be trained annually, at a minimum, in emergency preparedness and implementation of the facility’s emergency plans.

3. An evacuation plan, in the event of a fire or other major emergency, shall be in place, and the plan shall be approved locally in accordance with this standard and updated annually at a minimum.

4. Events, staff responses and command-related decisions during and immediately after emergency situations shall be accurately recorded and documented.

5. Plans shall include procedures for assisting detainees with special needs during an emergency or evacuation.

6. 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 “Emergency Plans”

1.1 | Emergency Plans 1 PBNDS 2011 dated 12/2/2008.

IV. References American Correctional Association, Performance-based Standards for Adult Local Detention Facilities, 4th Edition: 4-ALDF-1C-01, 1C-02, 1C 03, 1C-04, 1C-05, 1C-06.

ICE/ERO Performance-based National Detention Standards 2011:

• “1.2 Environmental Health and Safety,” which provides requirements and guidelines for avoiding and mitigating dangerous situations, specifically with regard to fires, environmental hazards and evacuations; and

• “2.15 Use of Force and Restraints,” which provides requirements and guidelines for emergency situations requiring the use of force.

Memorandum dated 7/14/2006 on “Escape Reporting” from the ICE/ERO Director, which specifies requirements for the reporting, tracking and investigating of the escape of an ICE/ERO detainee.

A helpful resource: A Guide to Preparing for and Responding to Prison Emergencies. The guide is available at www.ncicic.org.

V. Expected Practices A. Staff Training

Each facility shall include emergency preparedness as part of the initial orientation and training provided to all new employees, and all staff shall be trained annually, at a minimum, on the facility’s emergency plans.

Other training requirements, for example, climate monitoring, special response teams (SRTs), disturbance control teams (DCTs), hostage negotiation teams (HNTs), video equipment and the command post—are specified in other sections of this standard.

B. Preventive Action

1. Climate Monitoring

Staff alertness to changes in facility “climate,” promptly reported, can be of critical importance in defusing a potentially explosive situation. Detention management experience indicates that certain circumstances may predictably contribute to increased tensions in a detained population. Often such issues can be controlled or lessened before erupting into an incident or disturbance.

Staff shall be trained to watch for signs of mounting tension among the detainee population, such as a spike in the number of detainee requests and incident reports; sullen, restless and short-tempered behavior;

or detainees avoiding contact with staff (including eye contact).

Factors known to exacerbate tensions that may lead to group disturbances include, but are not limited to:

a. racism;

b. heightened complaints about food;

c. dissatisfaction with the performance or attitude of a post officer;

d. increasing complaints about recreation, medical care, visits, mail, etc.;

e. gang activity;

f. prohibited sexual activity; and

g. inaccurate or incomplete information about detainee cases or facility policies.

2. Staff Actions

Staff may improve their chances of resolving and deflecting detainee unrest by:

a. discussing plans, programs and procedures among themselves;

b. engaging in open dialogue between staff and detainees to address concerns;

1.1 | Emergency Plans 2 PBNDS 2011 http:www.ncicic.org

c. continuing to treat detainees fairly and impartially;

d. reducing misunderstandings among detainees (for example, by enforcing and explaining rules that prevent any individual or group from imposing its will on other detainees);

e. resolving misunderstandings and conflicts as they arise;

f. encouraging participation in work and recreational programs;

g. routinely reporting to the facility administrator on facility climate and detainee attitudes; and

h. alerting supervisors at the first sign(s) of trouble, gang activity, group hostilities, etc.

Quick, decisive staff action can prevent the start or spread of a disturbance.

The facility administrator shall develop written procedures for staff to follow when reporting an emergency and should notify facility staff in a timely manner when changes are made to the emergency plan.

3. Pre-incident Considerations

When all attempts to defuse a volatile situation have failed, the facility administrator shall determine how to proceed, based on considerations of the safety, welfare and protection of detainees, personnel, the general public and property.

C. Contingency Plan Development

1. Basic Planning

a. Responsibility

Every facility shall designate the individual(s) responsible for developing and implementing emergency contingency plans. All plans shall comply with the ICE/ERO detention standards for confidentiality, accountability, review and revision included in this section.

1) Each plan shall include procedures for rendering emergency assistance (e.g., supplies, transportation and temporary housing for detainees, personnel and/or TDY staff) to another ICE/ERO facility.

2) The Chief of Security or facility administrator designee is the individual responsible for developing each contingency plan and implementing the plan when an emergency situation occurs. In the development process, he or she shall rely upon the expertise of all department heads and ensure all departments have understood and are fully prepared to execute their responsibilities under the plan.

3) Each facility shall maintain an accurate inventory of identified equipment and shall review that inventory every six months, at a minimum, to ensure its accuracy.

b. Planning with Other Agencies Each facility shall develop contingency plans with local, state and federal law enforcement agencies and shall formalize those agreements with memoranda of understanding (MOU).

1) Facility/agency legal staff and/or the respective ICE Office of Chief Counsel shall review MOUs for legal sufficiency and, in particular, adherence to other agency rules regarding arrest authority, use of intermediate and deadly force, jurisdiction and outside-agency involvement.

2) The facility administrator, or agency designee and representatives from the affected agencies shall co-sign the MOUs.

3) Simulated exercises to test the contingency plans shall occur on a regular, mutually agreed-upon basis and recur annually at a minimum.

4) The facility administrator shall review and approve contingency plans annually at a minimum.

If any local, state or federal agency deemed

1.1 | Emergency Plans 3 PBNDS 2011 essential to emergency planning declines to participate, the facility administrator shall inform the Field Office Director in writing and make periodic contact to revisit the issue.

2. Keeping Plans Current

The Chief of Security or facility administrator designee shall:

a. update the plans as often as necessary and forward them for facility administrator approval.

If the facility administrator requests changes, the Chief of Security or facility administrator designee shall incorporate necessary changes and resubmit the plans within 30 days. Facility staff shall also be notified of changes;

b. conduct annual contingency plan reviews, with participation of every department head; and

c. document each annual review and plan approval on the contingency plan file master copy, even when review results in no changes.

3. Safeguarding Plan Confidentiality

Every plan that is under development or is final must include a statement prohibiting unauthorized disclosure. Staff may not discuss any aspect of a plan within hearing distance of a detainee, visitor or anyone else not permitted access to the plan.

The Chief of Security or facility administrator designee shall determine where copies of plans are to be stored, and in what quantity. A master copy shall be kept outside the secure perimeter, along with an itemized list of plans and where to find them.

The Chief of Security or facility administrator designee shall implement a checkout system that accounts for all plans at all times, with safeguards against detainee access. Release of contingency plan details requires the written approval of the facility administrator.

The Chief of Security or facility administrator designee shall send an electronic file containing the facility’s contingency plans to the Field Office Director and Assistant Director of the Detention Management Division, Office of Enforcement and Removal. Electronic files containing the facility’s contingency plans shall be marked “Confidential.”

4. Organization of the Contingency Plan File

a. General Plans A general section shall contain policy, procedures and plans common to most emergency situations.

b. Contingency-specific Plans

The sections that follow the general section shall contain contingency-specific plans, as detailed below. They may reference the provisions of the general section and will only reference the exceptions and/or additions applicable to the particular contingency.

D. General Implementation of Contingency Plans

Each facility shall establish written policy and procedures addressing, at a minimum: chain of command, command post/center, staff recall, staff assembly, emergency response components, use of force, video recording, records and logs, utility shutoff, employee conduct and responsibility, public relations, and facility security.

The respective Field Office Director shall maintain current data on the physical capacities of each facility that can be used to quickly identify the best source(s) of emergency assistance.

1. Chain of Command

The facility administrator shall identify the chain of command for directing operations in an emergency.

2. Command Post

a. Equipment for the Command Post The facility shall set up a primary command post outside the secure perimeter that, at a minimum, is equipped as follows:

1) internal/external phone capabilities;

1.1 | Emergency Plans 4 PBNDS 2011

a) private outside lines with:

• a speakerphone for open conference calls between the facility and Field Office, to include Detention Management Division command posts as applicable; and

• a second outside line to conduct all other calls;

b) a separate line for internal communications;

2) radio equipment equipped for facility frequencies, and where permitted local law enforcement communications and, as applicable, other federal law enforcement agencies;

3) a computer with Internet capabilities;

4) a facility plot plan, including property maps, current building blueprints, local maps and overhead photographs;

5) video recordings of building interiors within the secure perimeter (showing doors, windows, closets, ceilings, floors, etc.);

6) escape-post kits, including maps, directions, etc. (as detailed under “E. Contingency-specific Plans,” “Escape”);

7) contingency plans–one or more copies;

8) Hostage Negotiating Team (HNT) equipment;

9) a videotape or digital video disc (DVD) player/television;

10) a voice-activated recorder or conventional tape recorder;

11) assault/breaching plans (building specific, as appropriate for the facility); and

12) a supply kit containing general supplies that may be needed (at a minimum: logbooks, blank rosters, purchase orders and writing instruments).

b. Staffing the Command Post Command post staffing shall include, but is not limited to, the following:

1) facility administrator or incident commander;

2) assistant facility administrator;

3) Chief of Security or facility administrator designee;

4) a staff member to log activities in chronological order;

5) a staff member to manage communications with the Field Office, maintaining open lines of communication during the situation; and,

6) a staff member to control traffic into and out of the command post. To control incoming and outgoing command post traffic, the Chief of Security or facility administrator designee may implement a pass system.

To ensure alertness and to prevent mistakes and misjudgments as a result of fatigue or stress:

1) command post staff must rotate shifts with personnel from the relief roster after each shift;

2) command post staff shall be relieved by personnel from the relief roster for short breaks during each shift; and

3) briefing should take place which covers the events of the previous shift and any activities carrying over to the next shift.

c. Activating the Command Post The Chief of Security or facility administrator designee shall activate the command post at the facility administrator’s direction.

The activated command post shall immediately open the conference-call line to the Field Office and ERO headquarters Detention Management, and the Response Coordination Divisions, if applicable. The Field Office Director or headquarters divisions may wait until the dimensions of the unfolding incident are known before deciding to activate their command posts.

The facility’s command post shall remain activated 24 hours-a-day until the situation is resolved or until the facility administrator, in consultation with the Field Office Director, determines activation to be no longer necessary.

d. Testing and Training

1.1 | Emergency Plans 5 PBNDS 2011

Emergency preparedness activities shall include activating the command post phone lines and other logistical support systems monthly, at a minimum, to test equipment and familiarize staff with the command post and its equipment.

3. Emergency Recall List

As detailed in standard “2.4 Facility Security and Control,” the facility control center is required to maintain a list of the phone numbers of every officer, administrative/support services staff, emergency response components and law enforcement agencies. The facility should prominently feature the following notice:

“This information must be safeguarded. Use is restricted to those who need the information in the performance of their official duties. Misuse may 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.”

For emergency response purposes, the control center shall also maintain a current roster of all Field Office and ICE/ERO headquarters Detention Management and Response Coordination Division numbers.

4. Assembly of Staff

The facility administrator shall:

a. develop control center procedures for executing an all-staff recall;

b. designate primary and secondary areas for staff assembly, preferably in a location where they cannot be observed by detainees; and

c. designate backup areas for each primary and secondary area and specify exceptions, if any, for a specific contingency.

5. Emergency Response Components

The facility administrator shall ensure that the appropriate personnel are trained, and shall establish and maintain DCTs, SRTs and HNTs based on ICE criteria.

The DCT shall consist of trained staff members in protective equipment who are capable of an unarmed response to a crisis. They shall have access to less-than-lethal response tools, including standard riot batons and chemical agents.

SRTs are highly trained, well-equipped tactical teams capable of providing both less-than-lethal as well as lethal response options.

HNTs are trained negotiators whose goal is to bring successful resolution to a crisis through verbal dialogue.

If the facility does not have the capacity to establish or maintain these emergency response components, the facility administrator shall develop agreements or MOUs with local, state or federal agencies, as appropriate, for these resources.

6. Use of Force

Any force that must be used to control an emergency situation shall be in accordance with standard “2.15 Use of Force and Restraints” and any other applicable ICE policies on the use of force.

Emergency plans shall be based on, and consistent with, ICE policy governing the use of force, as reflected in the following three documents:

a. ICE Interim Use of Force Policy (July 7, 2004), as amended or updated;

b. ICE Interim Firearms Policy (July 7, 2004), as amended or updated; and

c. “ERO Addendum to Interim ICE Firearms” memorandum to Field Office Directors from Wesley J. Lee, Acting ICE Director (July 11, 2005), as amended or updated.

7. Video Equipment

At least one video camera shall be maintained in the control center for use in emergency situations, and the facility administrator shall ensure that it is

1.1 | Emergency Plans 6 PBNDS 2011 maintained, tested and supplied as required in “K.

Maintaining Audiovisual Recording Equipment and Records” found in standard “2.15 Use of Force and Restraints.”

The detention standard on “2.15 Use of Force and Restraints,” also details requirements and procedures for video-recording use-of-force incidents.

Shift supervisors or facility administrator designees, along with other designated staff, shall be trained to use video equipment and receive additional training on such technical issues as how to identify tapes or DVDs and photographs by date and location.

8. Records and Logs

The facility administrator shall designate the command post staff member who shall keep a date and-time chronological logbook record of events during the emergency, including all command-related decisions and discussions, phone calls and radio transmissions.

Radio transmissions shall be documented by a voice-activated or conventional tape recorder whenever possible.

Command post staff shall also maintain a reading file to update staff coming on duty.

9. News Media/Public Relations

The public information officer is responsible for coordinating briefings with news and television media. All media releases shall be coordinated through the Field Office public affairs liaison.

10. Facility Security

The facility administrator shall provide written procedures for:

a. detainee recall and lockdown;

b. counts (in accordance with the standard “2.8 Population Counts”);

c. intensified security;

d. security key access (including issuance and accountability, drop chute, etc.); and

e. evidence seizure and preservation.

11. Health Services Responsibilities

The plan shall specify procedures for providing immediate and follow-up medical care to detainees and staff under every emergency scenario outlined in “E. Contingency-specific Plans.”

12. Food Service Responsibilities

The plan shall specify procedures for updating the Food Service Administrator (FSA) on such issues as the number of people who shall be on duty and require meals.

The FSA shall make contingency plans for providing meals to detainees and staff during an emergency, including access to community resources, which the FSA shall negotiate during the planning phase.

13. Maintenance Department Responsibilities

The plan shall provide for emergency utility control, including plot plans identifying locations of water and gas shut-off valves and electrical circuit breakers.

It is suggested that the utility shut-offs be photographed and included in the plans for quick identification during an emergency.

14. Employee Conduct and Responsibility

The plan shall address professional conduct and responsibility, including what to do if taken hostage, with instructions and guidelines.

15. Facility Access Routes

The plan shall specify alternate means of reaching the facility for emergency staff if the main approach becomes dangerous or inaccessible (e.g., during a civil disturbance, adverse weather conditions, fire, etc.).

16. Nearby Residents

The plan shall specify how and when staff shall notify nearby residents of the situation, including sharing information such as type of emergency,

1.1 | Emergency Plans 7 PBNDS 2011 actions being taken, evacuation routes (if applicable) and special precautions.

17. Communications Equipment/Radio

The plan shall specify whether the remote battery charging units shall be maintained in the control center or outside the secure perimeter. A determination as to the type of radios being used in the facility shall dictate whether the battery charging units shall be maintained outside the secure perimeter. If the radios can be taken off-line and rendered useless, the battery charging units may be maintained inside the secure perimeter. If not, they shall remain outside the secure perimeter.

18. Post-emergency Procedures

The post-emergency part of the plan shall include the following action items:

a. segregating the detainees involved in the incident;

b. treating and documenting employee and detainee injuries;

c. seizing, documenting and preserving evidence;

d. assigning accountability (especially for sensitive equipment and staff);

e. assessing damage and necessary repair; collecting written reports;

f. coordinating legal actions/prosecutions;

g. debriefing involved staff, and following-up for additional analysis and/or implicated changes in policy or procedures; and

h. conducting general review and critique of emergency operations and management, with a follow-up agenda including, but not limited to:

1) monitoring the facility climate, and

2) revising the contingency plan.

E. Contingency-specific Plans

The facility shall compile individual contingency specific plans, as needed, and approved by the Field

Office Director in the following order:

1. fire;

2. work/food strike;

3. disturbance;

4. escape emergency;

5. hostages (internal);

6. search (internal);

7. bomb threat;

8. adverse weather;

9. civil disturbance;

10. environmental hazard;

11. detainee transportation system;

12. evacuation;

13. ICE-wide lockdown;

14. staff work stoppage; and

15. if needed, other site-specific plans.

1. Fire

The safety/maintenance supervisor shall develop a comprehensive fire control plan, in accordance with the “Fire Prevention and Control” section of standard “1.2 Environmental Health and Safety.”

The Chief of Security or facility administrator designee shall develop a procedural outline for shift supervisors or facility administrator designees to follow in the event that a fire occurs during non-duty hours.

2. Work/Food Strike

The facility administrator shall determine the course of action to pursue, based on:

1. whether strikers have announced when the strike shall end;

2. occurrence of or potential for violence;

3. the number of detainees involved; and

1.1 | Emergency Plans 8 PBNDS 2011

4. prospects for neutralizing the problem.

3. Disturbance (Internal)

After determining the course of action to pursue, the facility administrator shall direct staff to implement the action plan, which shall cover at a minimum:

1. controlling utilities;

2. securing available emergency entrances (e.g., food service, housing areas, etc.);

3. notifying and assembling trained emergency responders/other staff and equipment;

4. dispensing chemical agents in specific areas;

5. maintaining perimeter security (including crowd, traffic and media control);

6. shutting down detainee telephone systems;

7. notifying outside agencies; and

8. removing controlled substances from the pharmacy area.

4. Escape

a. Implement Local Procedures The facility administrator shall deploy staff to primary and secondary escape posts, or to directional escape posts, designating a timekeeper/recorder for each:

1) Primary

Fixed and mobile posts near the facility;

2) Secondary Fixed and mobile posts beyond the immediate facility area;

3) Directional Posts No fixed location and based on situational intelligence that indicates a direction for the search.

b. Notification to Authorities The facility administrator shall:

Immediately notify local, state and federal law enforcement officials and ensure that the respective Field Office is immediately notified.

Ordinarily, in a CDF, notification shall be through the facility’s ICE/ERO Contracting Officer’s Representative (COR) and, in an IGSA facility, through the ICE/ERO representative.

Within one hour of discovery, the escape shall be reported to the nearest U.S. Marshals Service office if the escapee was:

1) convicted of a criminal violation, and/or

2) paroled for deportation prior to the completion of his or her sentence.

Additional requirements for ICE/ERO are detailed in the 7/14/2006 memorandum from the ICE/ERO Director cited above under References.

Briefly, those requirements include reporting the escape through the Significant Incident Reporting (SIR) system, and forwarding an escape report to the ERO Detention Management Division for tracking in the National Escape Tracking System (NETS) database. The Field Office Director is also required to conduct an investigation, determine whether proper procedures were observed and provide a report to the Detention Management Division.

c. Escape-post Equipment Escape-post equipment kits shall be stored in the command center and include, at a minimum:

1) a flashlight;

2) restraints (handcuffs and/or flex-cuffs) and tools necessary for removal;

3) a packet containing post location, map(s), fact sheet highlighting arrest authority, search procedures, apprehension techniques, etc.;

4) a radio; and

5) binoculars (as applicable).

d. Escape by Aircraft

1) Staff should observe and record aircraft description, including details such as colors,

1.1 | Emergency Plans 9 PBNDS 2011 registration or tail number, direction of flight, b. Hostage Negotiation Teams (HNTs) etc. 1) Each facility’s core negotiation group

2) Notify local law enforcement and Federal Aviation Administration.

3) Firing on aircraft is prohibited, except to return fire originating from the aircraft. Even in such case, however, the usual deadly-force considerations apply, and staff must carefully weigh consequences (e.g., the aircraft may crash into a building, the pilot is most likely under duress, etc.).

5. Hostage Situations

a. ICE/ERO Field Office Hostage Situation Management Plan The Field Office hostage situation management plan shall make available the essential logistical support and local and/or backup resources (e.g., equipment, expertise, personnel) to any affected facility in the jurisdiction.

1) The Field Office and Response Coordination Division shall jointly provide designated facilities with well-trained and well-equipped HNTs.

2) The plan shall identify, for each facility, the backup personnel, mental health professionals and others as needed during a prolonged crisis.

The Field Office shall maintain a list of all ICE/ERO hostage-negotiation trainers/consultants and trained negotiators in the jurisdiction.

3) The Field Office Director, in consultation with the facility administrator, shall ensure the availability of crisis support teams, consisting of trained counselors/therapists, to:

a) provide post-crisis services to staff and families, and

b) upon request, assist facilities to develop site-specific emergency plans for victims and their families.

(generally the team leader, primary negotiator and mental health expert) shall attend hostage negotiation training and be certified as hostage negotiators.

a) Requirements for the team leader include:

experience and skill applying hostage negotiation principles and strategies, demonstration of working effectively under stress and proven leadership ability. The facility administrator shall generally select a department head as the team leader.

b) Negotiators must possess strong verbal/interpersonal skills, personal maturity, a commitment to negotiation as the key to conflict resolution, flexibility and a history of working well under pressure.

2) The headquarters response coordination division shall:

a) maintain a roster of ICE/ERO personnel who are trained in hostage negotiation and qualified and available for work on an HNT in any ICE/ERO facility; and

b) provide copies of the roster to the Field Offices and keep them updated.

3) HNT members shall convene for no less than eight hours of duty time every month to plan and practice negotiation scenarios, and consult with other law enforcement agencies. To solidify working relations and complementary strategies and techniques/tactics, an SRT member shall serve as team liaison and routinely attend the negotiation team’s monthly sessions.

4) Whenever possible, the negotiation team shall conduct annual joint training sessions with negotiators from other law enforcement agencies and maintain contact with counterparts in other agencies.

1.1 | Emergency Plans 10 PBNDS 2011

5) Training exercises integrating the activities of the command post, HNT and SRT, shall occur every six months to underscore the importance of a total facility response to a hostage situation. As participants collaborate and interact, they shall experience how other operational teams think and function, and shall learn what each can contribute in a crisis.

6) Every negotiation team shall have access to portable communication equipment or “throw phones.” To operate the equipment when needed in an emergency, team members shall have access to the equipment for routine practice sessions. A communications equipment expert, thoroughly familiar with the operation of the throw phone, shall be available to each negotiation team during practice exercises.

7) Each facility shall maintain a list of translator services and interpreters, in the event one is needed for hostage negotiation.

8) Each facility shall also make provisions for use of an electronic translator, such as a hand-held computer that translates spoken English phrases into other languages.

c. Chain of Command in Hostage Situations The facility administrator shall ensure the Field Office Director is kept informed of every aspect of the crisis on a regular schedule until the crisis is resolved. The ERO headquarters Field Operations Assistant Director may assume control of a large-scale operation involving coordination with other ICE/ERO components and law enforcement agencies, as necessary.

1) The facility administrator shall immediately report a hostage situation to the Field Office Director, who shall in turn notify the Field Operations Assistant Director. The facility administrator shall assign a senior manager to serve as liaison with the Field Office and Field Operations.

2) The facility administrator shall notify the FBI and other agencies, as appropriate, of the situation.

3) Under no circumstances may facilities cede command authority to external law enforcement agencies (such as the FBI) unless required in a signed MOU.

d. Disturbance Containment and Facility Security The facility administrator shall:

1) prevent movement into or out of the scene of the hostage area;

2) add exterior, armed patrols;

3) terminate detainee telephone usage;

4) limit or curtail staff radio usage;

5) remove visitors and civilians, including contract employees and volunteers;

6) recall detainees for immediate official count;

7) remove detainees from the hostage area. If in a housing unit, move the detainees into temporary housing, in accordance with written, site-specific procedures; and

8) conduct staff roll call, in accordance with written procedures, to determine the number and identity of hostages.

e. Negotiations The facility administrator shall have no hands-on involvement in the negotiation process. Once the emergency response component has contained and stabilized the immediate situation, the trained HNT shall take over.

1) Hostage negotiators act as intermediaries between the command post and the hostage-takers, keeping the lines of communication with the hostage-takers open and maintaining calm while working toward a nonviolent resolution.

2) The HNT shall include:

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a) a team leader (manages negotiations;

command post liaison);

b) a primary negotiator (communicates directly with hostage-takers);

c) a secondary negotiator (advises/assists primary negotiator);

d) a mental health professional (observes, provides psychological analyses/assessments and advice; monitors stress levels and emotional climate); and

e) a note-taker (documents all communication to/from hostage takers).

3) Hostage negotiators shall have no decision-making authority. Negotiators shall maintain close contact with the decision makers and persons in charge of tactical assault teams by means of continuous briefings on the status of negotiations.

4) Certain issues, such as releasing hostage taker(s) from custody, providing weapons, arranging hostage exchange and immunity from prosecution are not open to negotiation.

5) Third-party participation in negotiations shall be consultative only.

6) Unless formally involved in negotiations, staff shall have no contact with hostage-takers.

f. Status of Certain Staff during and after a Hostage Situation

1) Regardless of the individual’s rank or authority under normal conditions, facility personnel shall not be bound by instructions/orders/suggestions from any supervisor or other staff member who is a hostage.

2) A staff member with a relative or close associate among the hostages shall be relieved from duty, responsibility and authority pending resolution of the incident.

3) Emergency plans shall specify procedures for screening freed hostages for medical and psychological problems.

a) The designated Employee Assistance Program (EAP) contact shall coordinate and conduct the screenings and debriefings of all hostages and other employees involved in the disturbance.

b) Psychological screenings should take place before the freed hostage is relieved of duty, to guide decisions about counseling/therapy and work reentry.

4) The facility administrator shall ensure a debriefing with former hostages after their psychological and medical screenings, unless IHSC staff advises postponement.

5) Emergency plans shall also provide for debriefing personnel not taken hostage, but significantly involved in the operation to free hostages. This debriefing should take place prior to the staff member being released from duty.

g. Hostage Family Services

1) The facility administrator shall notify hostages’ families of the situation as early as possible.

2) If the hostage situation is not resolved quickly, the Field Office Director (or designee) shall identify members of a crisis support team and direct them to establish a family service center at the facility.

a) The crisis support team shall be distinct from the HNT.

b) The two teams shall have no members in common.

3) At the family service center, the crisis support team shall provide members of affected families accurate information, updates and breaking news and professional advice and help.

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4) The crisis support team shall directly address children’s stress and stress-generated behavior.

The EAP may assist with family stress management.

h. Media News media organizations shall abide by the policies and procedures of the facility. The staff member handling press releases and inquiries is responsible for:

1) situating any present media representatives in an area where their presence shall not interfere with emergency operations;

2) arranging regular briefings; and

3) handling incoming inquiries.

6. Search (Internal)

a. Search Teams

The shift supervisor or facility administrator designee shall serve as search coordinator, dispatching a separate two-officer search team for every missing detainee, at least one of whom shall be thoroughly familiar with the assigned search area.

The supervisor shall direct search teams to draw designated keys from the facility’s key control area, specify which search method to use, instruct assigned teams to search areas identified to be searched, including areas with non-standard construction features (temporary or permanent), and assign a designated radio frequency.

b. Equipment (at a minimum):

1) master blueprint or schematic for search coordinator;

2) separate blueprints for each search area;

3) radios (one per team);

4) flashlights;

5) restraints;

6) ladders;

7) tools as needed; and

8) riot batons.

7. Bomb Threat

a. Immediate Response

1) Phone Threat The facility administrator shall develop a “script” for staff to follow upon receiving a telephoned bomb threat; script shall be available at every staff telephone for instant access. (FBI Bomb Threat DATA Form, DOJ 370)

The objective of the scripted questions is to secure the following information from and about the caller:

a) bomb location;

b) time set for detonation;

c) type of explosive;

d) caller’s affiliation/self-identification (credibility of threat); and

e) caller’s gender, accent, tone, and other characteristics.

2) Mail Threat The facility administrator shall instruct staff to consider suspect any letter or package with:

a) oily/greasy stains/discoloration;

b) an incorrect title/department for the addressee;

c) the addressee’s name misspelled;

d) disproportionate weight relative to the size of the envelope or box; and/or:

e) no return address.

3) Written Threat Upon receipt of a written threat, staff shall treat the paper or other means of communication as they would any other criminal evidence, preventing unauthorized

1.1 | Emergency Plans 13 PBNDS 2011 handling of the material and saving all material associated with the delivery (e.g., envelope, wrapping).

4) In-person Threat Staff shall elicit as much information as possible from the person who has delivered an in-person threat; a supervisor shall be contacted as soon as possible.

b. Searching for a Bomb

When searching for a bomb following a perceived or real threat, the shift supervisor or facility administrator designee shall notify the local fire department and hospital, in addition to the Chief of Security or facility administrator designee, facility administrator, safety/maintenance supervisor and other appropriate facility officials.

1) Search teams shall report any suspicious object immediately upon discovery. At least one member of each search team shall know the assigned area well enough to spot changes (e.g., unusual objects, items moved from their normal locations, etc.).

2) If appropriate, the facility administrator shall order a power shutdown.

c. If a Bomb Is Found

1) Team members shall keep as still as possible, and power off all radios, body alarms, cell phones and any and all electronic equipment capable of emitting an RF signal.

2) Incoming traffic shall cease.

3) The shift supervisor or facility administrator designee shall notify the bomb-removal agency listed in the written procedures.

4) Officers shall clear the surrounding area.

d. After an Explosion

1) The safety/maintenance supervisor shall implement appropriate measures, in accordance with written procedures, that assume:

a) structural damage; and

b) additional bomb(s)

2) An explosives expert from the Bureau of Alcohol, Tobacco and Firearms, the FBI, the local fire chief or other explosives expert, shall conduct the investigation.

8. Adverse Weather

After defining and mapping the interior- and perimeter-post areas, the facility administrator shall:

a. prepare a separate map showing locations of all unarmed interior posts;

b. establish and equip fog-patrol posts;

c. establish procedures and assign responsibility for ensuring equipment is available and in working order at all times;

d. prepare another map showing locations of all perimeter/exterior posts:

1) identify each as armed or unarmed;

2) list the weapons to be used at armed posts, and where they can be drawn; and

3) store multiple copies of the interior—and perimeter—post maps in the control center and command center.

e. ensure that perimeter security has been enhanced with additional staff;

f. remove objects and items that could become airborne and act as missiles during high winds;

g. ensure staff is appropriately provided with necessary foul weather gear;

h. ensure generators are functioning properly and have an adequate supply of fuel for a protracted situation; and

i. ensure that if the institution is placed on lockdown status, a briefing with staff occurs.

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9. Civil Disturbance

a. Scenarios The plan shall address various civil disturbance scenarios including, at a minimum, the following: a single event (small/large); several coordinated events at one or more locations, at once or at staggered multiple times; type of event and individuals involved; and involvement of other law enforcement agencies.

For each of the several scenarios, the plan shall specify procedures for multiple deployments involving the same and/or different kinds of equipment and teams, e.g. in the event of simultaneous demonstrations.

b. Basic Procedures The plan shall specify procedures for standard activities, including but not limited to the following:

1) denying access to facility property (e.g., via barricades, roadblocks);

2) using crowd control equipment with the general public;

3) notifying/involving other law enforcement agencies;

4) establishing detention areas;

5) marking unmarked property lines; and

6) providing medical care.

10. Environmental Hazard

a. Safe Harbors The facility administrator shall identify and equip one or more “safe harbor” area(s) in the facility.

1) Designated areas shall have the capacity to house a large number of detainees safely and securely for two or three hours, providing amenities such as a gym, auditorium, food service area, etc.

2) Every designated safe harbor shall maintain supplies of, at a minimum, potable water, duct tape, plastic and other items intended for use during an environmental hazard.

Every department (e.g., food service, medical, maintenance, recreation, administration, etc.)

shall have written procedures and at least three days’ provisions for use in temporary quarters, with the objective to minimize disruption to daily routine.

b. Procedures for an Environmental Hazard

1) The facility administrator shall designate an officer to supervise a detainee crew, which shall seal off specified area(s) in a timely manner.

a) Staff and detainees shall receive necessary training as part of the facility’s emergency-preparedness training program.

b) The plan shall specify how often and where specialized training shall occur.

c) The plan shall specify the number of employees and detainees to receive the training.

2) The safety/maintenance supervisor shall, if necessary, shut down ventilation units (e.g., cooling/heating systems, fans, etc.).

3) The shift supervisor or facility administrator designee shall direct the detainees’ orderly transfer to safe…