Professional Documents
Culture Documents
Department of J'ustice
'United States Marshals Service Modification of Intergoverllmental Agreement
1. MODIFTCATION NO. 2. REQUEST FOR DETENTION SERVICES NO. 3, EFFECTlVE DATE OF MODIFICATION
ONE (1) 055-01 01/1101
The purpose of this modification is to convert the temporary rate of $45.00 to a fixed rate
of $40.00, effective January 1, 2001.
12. APPROVALS
&.
~
A. LOCALGOV~ B~~L~_
~Signature L/Dennis r",nlc·im: ~-l
Signdtu,,!e
~.
Corttrac:ting Officer DEC 1 4 ~V:/l
~1t&.&Jc.r- IzL<.rt.a;
TITLE DATE TITI.E DATE
I. AGREEMENT NUMBER 2. EFFeCTIVE DATE 3. REQUEST FOR DBTBNTION SERVICES (RDS) NO.
10-00-0041 J 1/1100 027-00
4. ISSUING OFflCE S. LOCALGOVERNMBNT FACILITY CODE(S) 6IQ
-
Contact Person Gene Drake. Adrnjni~tTMM
6. APPROPRIATION DATA Area Code & Telephone No .>- b6
ISXI020
FEB I 7 2000
DATE:
(/ (SIGNATURE OF Cr:i.NJRACfING OFFICER)
FORM USM·241
PRIOR EDITIONS ARE OBSOl..E'rn AND ARE NOT TO BE USED (Rev. 3/99)
'u.s. Department of Justice
United States Marshal~' Service
Intergovernmental Service Agreement Schedule I lOA No. 10-00-0041 I Page No.2 ofS
ARTICLE 1- PURPOSE AND SECURITY PROVIDED
The purpose of this Intergovernmental Service Agreement (IGA) is to establish a formal binding
relationship between the United States Marshals Service (USMS) and other federal user agencies (the
Federal GoveIilment) and Benton County (the Local Government) for the detention of persons charged with
or convicted of violations of federal law or held as material witnesses (federal prisoners) at the Benton
County Criminal Detention Center (the facility).
The Local Government agrees to accept and provide for the secure custody, care and safekeeping of federal
prisoners in accordance with state and local law, standards, policies, procedures, or court orders applicable
to the operations of the facility. The USMS considers all federal prisoners medium/maximum security~type
prisoners that are housed within the confines of the facility. at a level appropriate for prisoners considered a
risk of flight. a danger to the community, or wanted by other jurisdictions.
1. Neither this agreement nor any interest therein may be assigned or transferred to any other party
without prior written approval by the USMS.
2. None of the principal activities of the project-supported effort shall be contracted out to another
organization without prior approval by the USMS. Where the intention to award contracts is made known
at the time of application, the approval may be considered granted if these activjties are funded as proposed.
3. All contracts or assignments must be formalized in a written contract or other written agreement
between the parties involved.
4. The contract or agreement must. at a minimum. state [he activities to be performed. the time schedule,
[he project policies. and the flow-through requirements that are applicable to the contractor or other
recipient. other policies and procedures to be followed, the dollar limitation of the agreement. and [he cost
principles to be used in detelmining alJowable costs. The contract or other written agreement must not
affect the recipient's overall responsibility for the duration of the project and accountability to the
government
I, The Local Government agrees [0 provide federal prisoners with the same level of medical care and
services provided to local prisoners. including the transportation and security for prisoners requiring
removal from the facility for emergency medical services. All costs associated with hospital or health care
services provided outside the facility will be paid directly by the Federal Govemment. In the event the
Local Government has a contract with a medical facility/physician or receives discounted rates, the federal
prisoners shall be charged the same rate as local prisoners.
Form USM·24IB
(Rev. 3/99)
U.S. Department of ;Justice
United States Marshals Service
2. The Local Government agrees (0 notify the United States Marshal (USM) as soon as possible of aJl
emergency medical cases requiring removal of a prisoner from the facility and [0 obtain prior authorization
for removal for all other medical services required.
3. When a federal prisoner is being transferred via the USMS airlift. he/she will be provided with three
(3) to seven (7) days of prescription medication which will be dispensed from the detention facility. When
possible, generic medications should be prescribed.
4. Medical records must travel with the federal prisoner. If the records are maintained at a medical
contractor's facility, it is the detention facilily's responsibility to obtain them before a federal prisoner is
moved.
5. Federal prisoners will not be charged and are not required to pay their own medical expenses. These
expenses will be paid by the Federal Government
6. The Local Government agrees to notify the USM as soon as possible when a federal prisoner is
involved in an escape, attempted escape. or conspiracy to escape from the facility.
1. The Local Government agrees to accept as federal prisoners those persons committed by federal law
e.nforcement officers for violations of federal laws only upon presentation by the officer of proper law
enforcement credentials.
2. The Local Government agrees to release federal prisoners only to law enforcement officers of
agencies initially committing the prisoner (Le .. DEA. INS, etc.) or to a Deputy USM. Those prisoners who
are remanded to custody by a USM may only be released to a USM or an agent specified by the USM of the
Judicial District.
3. The Federal Government agrees to maintain federal prisoner population levels at or below the level
established by the facility administrator.
4. Federal prisoners may not be released from the facility or placed in the custody of state or local
officials for any reason except for medical emergency situations. Federal prisoners sought for a state Or
local court proceeding must be acquired through a Writ of Habeas Corpus or the Interstate Agreement of
Detainers and then only with the concurrence of the District USM.
This agreement shall be in effect indefinitely until terminated in writing by either party. Should conditions
of an unusual nature occur making it impractical or undesirable to continue [0 hotlse prisoners, the Local
Government may suspend or restrict the use of the facility by giving written notice [0 the USM. Such
not.ice will be provided thirty (30) days in advance of the effective date of formal termination and at least
two (2) weeks in advance of a suspension or restriction of use unless an emergency situation requires the
immediate relocation of prisoners.
Form USM 241 B
(Rev. 3/99)
u.s. Department of Justice
United Stales Marshals Service
1. A temporary jail day rate of $45.00 has been estabJished for a period of one (1) year. expiring on
Decemher 31, 2000, pending receipt of actual and allowable costs associated with the operation of the
facility. The Local Government must submit these costs sixty (60) days prior to expiration. The jail day
rate for subsequent periods wiH be adjusted based on the actual operational costs for [he facility which
could result in the rate decreasing, increasing. or remaining unchanged.
2. The Federal Government shall reimburse the LocaJ Government at the per diem rate identified on
page one (1) of this agreement. The rate may be renegotiated nor more (han once pel' year, after the
agreement has been in effect for twelve (12) months.
3. The rate covers one (1) person per "prisoner day." The Federal Government may not be billed for two
(2) days when a prisoner is admitted one evening and removed the following morning. The Local
Government may bill fol' the day of arrival, but not for the day of departure.
4. When a rate increase is desired, the LocaJ Government shall subm.it a written request to the USM at
least sixty (60) days prior to the desired effective date of the rate adjustment. All such requests must
contain a completed Cost Sheet for Detention Services (USM-243) which can be obtained from the USM.
The Local Government agrees to provide additional cost information to support the requested rate increase
and to pennit an audit of accounting records upon request of the USMS.
5. Criteria used to evaluate the increase or decrease in the per diem rate shall be those specified in the
Office of Management and Budget (OMB) Circular A-87, Cost Principles for State. Local, and Indian
Tribal Governments.
6. The effective date of the rate modification will be negotiat~d and specified on the IGA Modification
fom1 approved and signed by a USMS Contract Specialist. The effective date will be established on the
first day of the month for accounting purposes. Payments at the modified rate will be paid upon the return
of the signed modification by the authorized Local Govel1lment official to the USM.
I. The Local Government shall prepare and submit original and separate invoices each month to the
federal agencies listed below for certification and payment.
2. To constitute a proper monthly invoice, the name and address of the facility. the name of each federal
prisoner, their specific dates of confinement. the total days to be reimbursed, the appropriate per diem rate
as approved in the lOA, and the total amount billed (total days multiplied by the rate per day) shall be listed.
The name, tirle, complete address. and phone number of the loeaJ official responsible for invoice
preparation should also be listed on the invoice.
3. The Promp[ Payment Act, Public Law 97-177 (96 stat. 85,31 USC 1801), is applicable LO payments
under this agreement and requires the payment to the Local Government of interest on overdue payments.
Dererminarions of interest due will be made in accordance with the provisions of the Prompt Payment Act
and 5 CFR. Part 1315.
4. Payment under this agreement will be due on the thirtieth (3011'1) calendar day after receipt of a proper
invoice, in the office designated to receive the invoice. If the due date falls 011 a non-working day (e.g.,
Saturday, federal holiday), then the due date will be the next working day. The date of the check issued in
payment shall be consjdered to be the date payment is made.
NOTE: RATES NOT SPECIFIED IN THE AGREEMENT WILL NOT BE AUTHORIZED FOR
PAYMENT.
All recipients receiving direct awards from the USMS are responsible for the management and fisca.l control
of all funds. Responsibilities include the accounting of receipts and expenditures, cash management, the
maintaining of adequate financial records, and the refunding of ex.penditures disallowed by audits.
1. The recipient shall be required to establish and maintain accounting systems and financiaJ records rhal
accurately account for the funds awarded. These records shall include both federal funds and all matching
funds of state, local, and private organizations. State and local recipients shall expend and account for
funds in accordance with state laws and procedures for expending and accounting for its own funds, as well
as meet the financial management standards in 28 Code of Federal Regulations (CPR), Part 66, and CUtTent
revisions of OMB Circular A-87.
Form USM·241 B
(Rev. ]/99)
u.s. Department of Justice
United States Marshals Service
Inrergovemmental Service Agreement Schedule I lOA No. 10-00-0041 I Page No. 60f8
2. Recipients are responsible for complying with OMB Circular A-87 and 28 CFR. Part 66. and the
allowabHity of the costs covered therein (submission of Fonn OSM·243). To avoid possible subsequent
disallowance or dispute based on unreasonableness or unallowability under the specific cost principles,
recipients must obtain prior approval on the treatment of special or unusual costs.
3. Changes in lOA facilities: The USMS shall be notified by the recipient of any significant change in
the facility. including significant variations in inmates popUlations, which causes a significant change in the
level of services under this lOA. The notification shall be supported with sufficient cost data to permit the
USMS to eqUitably adjust the per diem rates included in the IGA. Depending on the size of the facility for
purposes of assessing changes in the population, a 10% increase or decrease in the prison population shall
be a "significant increase or decrease" for purposes of this subsection.
1. In accordance with 28 CPR. Part 66, all financial records, supporting documents, statistical records,
and other records pertinent to contracts or sub-awards awarded under this lOA shall be retained by each
organization participating in the program for at least three (3) years for purposes of federal examination and
audit.
2. The 3-year retention period set forth in paragraph one (I) above, begins at the end of the first year of
completion of serv.ice under the lOA. If any litigation, claim, negotiation, audit, or other action involving
the records has been started before the expiration of the 3-year period, the records must be retained until
completion of the action and resolution of all.issues whjch arise from it or until the end of the regular 3~year
period, whichever is later.
3. Access to Records: The USMS and the Comptroller General of the United States, or any of their
authorized representatives, shall have the right of access to any pertinent books, documents. papers. Or other
records of recipients or its sub-recipients/contractors. which are pertinent to the award, in order to make
audits, examinations, excerpt. and transcripts. The rights of access must not be limited to the required
retention period, but shall last as long as the records are retained.
4. Delinquent Debt Collection: The USMS will hold recipient accountable for any overpayment, audit
disallowance, or any breach of this agreement that results in a debt owed to the Federal Govemment. The
USMS may apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor
pursuant to the Federal Claims Collection Standards.
1. It is the intention of the USMS to furnish excess federal property to local governments for the specific
purpose of improving jail conditions and services. Accountable excess property, such as furniture a~d ,
equipment, remains titled to the USMS and shall be returned to the custody of the USMS upon ternunatlOn
of the agreement.
Fonn USM·241B
(R.ev. 3199)
U.S. Department of Justice
United Slates Marshals Service
3. The suspension of use or restriction of beds pace made availabJe to the USMS are agreed to be grounds
for the recall and return of any or all government furnished property.
4. The dollar value of property provided each year will not exceed the annual dollar payment made by
the USMS for prisoner support unless a specific exemption is granted by the Chief. Prisoner Services
Division. USMS Headquarters.
5. It is understood and agreed that the Local Government shall fully defend, indemnify, and hold
harmJess the United States of America. its officers, employees, agents, and servants, individuaJly and
officially, for any and all liability caused by any act of any member of the Local Government or anyone else
ariSing out of the use, operation, or handling of any property (to include any vehicle, equipment, and
supplies) furnished to the LecaJ Government in which Jegal ownership is retained by the United States of
America, and to pay all claims, damages, judgments. legal costs, adjuster fees, and attorney fees related
thereto. The Local Government will be solely responsible for all maintenance, storage, and other expenses
related to the care and responsibility for all property furnished to the Local Government.
ARTlCLE XU - MODIF'ICATIONSIDISPUTES
1. Either party may initiate a request for modification to this agreement in writing. All modifications
negotiated will be written and approved by a USMS Contracting Officer and submitted to the Local
Government on form USM 241 a for approval.
2. Disputes, questions, or concerns pertaining to this agreement will be resolved between the USM and
the appropriate Local Government official. Space guarantee questions along with any other unresolved
issues are to be directed to the Chief, Prisoner Services Division.
ARTICLE xm - INSPECTION
The L:>caJ Government agrees·to allow period.ic inspections of the facility by USMS Inspectors. Findings
of the inspection will be shared with the facility administrator in order to promote improvements to facility
operations, conditions of confinement, and levels of services. The mandatory minimum conditions of
confinement which are to be met during the entire period of the IGA agreement are:
Porm USM-241B
(Rev. 3/99)
U.S. Department of Justice
United Stales MarshaiJ.· Service
2. Jail staffing will provide full coverage of all security posts and full surveillance of inmates.
3. Jail will provide for three meals per day for prisoners. The meals must meet the nationally
recommended dietary allowances published by the National Academy of Sciences.
5. Jail will maintain an automatic smoke and fire detection and alarm system, and maintain written
policies and procedures regarding fire and other safety emergency standards.
6. Jail will maintain a water supply and waste disposal program that is certified to be in compliance with
applicable laws and reguJations.
Personnel and other officials connected with the agreement shall adhere to the requirements given below:
2. Appearance. In the use of Department of Justice project funds, officials or employees of the recipient.
a sub-recipient or a contractor. shall avoid any action which might result in, or create the appearance of:
Ponn USM-24IB
(Rev. 3/99)
•
Department of Homeland Security
Immigration and Customs Enforcement
Office of Detention and Removal
Assessment Other
k:>« "":'<'" '.. <:>~ ...~::';";::>' .~ : ;·';·~>··?;·/,R~\~J~~JJ:;9N~Y$1!;M<> ·:.'.:··,':.• " ........ .. ....,... . . ,. ,> ... , ';' .. .
.'l!1\lti~i!1il.~I~~!i~it~~!~~.J1
The facility has a system for separating criminal and
non-criminal ICE detainees. Violent offenders are ~ 0 D
separated from non-violent offenders.
Housing assignments are based on threat level-level. t8J [] []
Standard Rating:
Date: ;2Pt'/ct,
; ?
• •
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f... pet7ry~_i{U[~~~.a@~ri:>c~~re~jq.effect at th~f~RtJttY<'PleQ~p?jbo~wlll~rstFdAA8~B~the serV~~<~
[. prog(amsi~ppp6ttunjtiesa,vajlat>lethrOughvarjous$oUrce$;JncludlngthEiJacllilY,·lCE;;prilJ~teorgaDiZGtt!QOS;/:
etq,'.jaY~fY·~mt~r1El~wHlr~(;~iY~ a)c8pyofthishandb()ok~hadmisSIi)r,t9the facitit£< .. , ' 2:.Y/D)1
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No' ·NA.a.'~~;;:" .><1
The detainee handbook is written in English and Facility does not have a
translated into Spanish or into the next most-prevalent [8] 0 0 hand book but has a list
Language(s). of rules and regulations.
The detainee handbook states in clear language basic ~ D D It is written in English,
detainee responsibilities. and Spanish, and
The handbook identifies: Each detainee must read
• Initial issue of clothing and bedding and and sign that he has read
personal hygiene items. and understands the
• when a medical examination will be conducted, rules and regulations of
• the telephone policy, debit card procedures, the facility,
direct and frees calls; Locations of telephones;
Policy when telephone demand is high; Policy [2J 0 D
and procedures for emergency phone calls,
and the Detainee Message System,
• facility search procedures and contraband
policy.
• facility visiting hours and schedule and visiting
rules and requlations
The handbook describes the detainee disciplinary
policy and procedures:
Including:
• Prohibited acts and severity scale sanctions.
• Time limits in the Disciplinary Process.
• Summary of Disciplinary Process. [2J 0 D
• The detainee handbook describes the sick call
procedures for general population and
segregation.
• The handbook specifies the rights and
responsibllities of all detaInees,
Standard Rating:
Page 3 of 17
G-324B As (Under 72 Hours)
Date:~
• •
All knives not in a secure cutting room are physically
secured to the workstation and staff directly supervise
detainees using knives at these workstations. Staff D 0
monitor the condition of knives and din in utensils
Detainees are served at least three meals daily. No
more than 14 hours elapse between the last meal ~ 0 0
served and the first meal of the fol
A registered dietitian conducts a complete nutritional
analysis of every master-cycle menu planned. ~ D 0
0 0 0
Standard operating procedures I ude weekly
inspections of all food service areas, including dining r8J D D
and areas and
Equipment is inspected daily. r8J D
C8J D 0
Page 4 of 17
G-324B Derentior-""------' As (Under 72 Hours)
:~H~9t~!L<?n'alfcJr~~jpti.?go.f~Hfr~n9~tm'l'roperty; and.tr~.iriitiaJ;~n9···resLJlartyschedyl~if)\lel"l~pryingofaJl
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~very ICE·.det{;l,ineeuFqfi~rrl'(~ .• 'sprtr.~rt~f~ciliti~.~.§.I'l<iII .•. pray-ide •. ICg9~m~e$··. wiJbJegular~~pt)~n~~;J,'df>:
tctothing; linens, aridt(i~~Sforas'toQgastt:e~(temainlnderontion. . . 0 •....•...•.•... ............. . .;;ie:' '.' ..........,;;.. .... . . . . . . . . . . . .. . j
i » , " , ::d:qOm(91)~m~F ·:C<;';.i Yeft.iNQNA:>. ;':'R$na{ks'
All new detainees are issued clean, temperature-
appropriate, presentable clothing during in-processing. o o
New detainees are issued clean bedding, linens and
towel. D D
IStandard Rating:
t8J
t8J D D
[8J D D
to retum emergency phone calls
[81 D D
are allowed phone calls to consular/embassy
[81 D D
Detainees in disciplinary segregation allowed phone
calls for family emergencies. Detainees in
administrative segregation and protective custody 0 0
afforded the same telephoning privileges as those in
Deficient At-Risk
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,· ·.• ·:'\; -i ::(!::j>:'; ;t<1 ,;.J-~tt~~:M;:!;>;:;-SSt .i.\H jY~ <; ·Np' 1 ->~~:;f/1~3;i~g:g.· Rem~~~ •..•··.·\)·~{t
The Facility operates a health care facility in compliance !ZI 0 0
with State and Local laws and Quidelines.
The facility's in-processing procedures of arriving [8J 0 0
detainees include medical and mental health screeninQ.
All detainees have access to and receive medical care.
Pharmaceuticals are stored in a secure area.
Medical screening includes a Tuberculosis (TBJ test.
Detainees in the Special Management Unit have access
to health care services. D o
The facility has a written plan for the delivery of 24-hour
emergency health care when no medical personnel are
on duty at the facility, or when immediate outside
o o
medical attention is required.
Detention staff is trained to respond to health-related
emerQencies within a 4-minute response time. o o
If staff is used to distribute medication, a health care
provider properly trains these officers. D o
The medical unit keeps written records of medication
that is distributed. o o
Detainees are required to sign a refusal to consent form
when medical treatment is refused . o o
Standard Rating:
Date: .qpf/IJp
•
!!.i'_'~I~:~!'~~~~~l\I' 1
Every new staff member receives suicide-prevention
training. Suicide-prevention training occurs during the I:8l 0 0
emptoY8e orientation proqram.
Training prepares staff to :
• Recognize potentially suicidal behavior;
• Refer potentially suicidal detainees, following I:8l 0 0
facility procedures;
• Understand and apply suicide-prevention
techniques .
Standard Rating:
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The fac ility follows a written procedure for handling
illegal contraband, Staff inventories, holds, and reports
it when necessary to the proper authority for o o
action/possible seizure.
Upon admittance, detain ees receive notice of items they
can and cannot possess. o o
Standard Rating:
Page 8 of 17
G-324B IGSAs (Under 72 Hours)
Vi . '",
1 ...
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:'}~f:::§tt, ><' .,:o~ .• •.> ·.q~~~iRR~~!1!~:::;~;:!.r;:,§.:.;. "y~~ '·2'NQ~!;.~'NA· . •' ... .Rema(k$···· . . . . . ". . . '.
The facility has a system for storing, issuing, and
maintaining inventories of hazardous materials. o o
Constant inventories are maintained for all flammable,
toxic, and caustic substances used/stored in each o o
section of the facilitv.
The manufacturer's Material Safety Data Sheet (MSDS)
file is up-to-date for every hazardous substance used. o o
All personnel using flammable, toxic, and/or caustic
substances follow the prescribed procedures. They:
• Wear personal protective
• Equipment. D o
• Report hazards and spills to the
• designated official.
The MSDS are readily accessible to staff and detainees
in the work areas. o o
Hazardous materials are always issued under proper
supervision.
• quantities are limited. o o
• Staff always supervises detainees using these
substances.
Xid}i::F'Y '. · · : '.;<·' .·· ; ; > : ; C":~?: ~; IfI~W: 8q;OMSIN[)~:orr;~TJR~F~q~l:r~~:\i ' . . «> •..-.' .. .">:> "" . \::\ .;: ,
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... ~ .., ·'-~·:: >·:2?;g§ij1ponent$. ... . .••..• ;<;) "! . . ....•.••;':¥es No .NA >}:>, ··.. Remarks ..•. .•. . . . . . .
The hold room is situated in a location within the secure
perimeter. o o
The hold rooms well ventilated, well lighted and all
activating switches located outside the room . o o
Page 11 of 17
G-324B Detenti ~--- rGSAs (Under 72 Hours)
Reviewer Signature:
... ._ _. Date: 2/--"~
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;J~~liCy';~pr~~Il1S·. will.b~uS~tI(jnIYfor!~f??rary detentloriJor· detain~s?~a~rnQ.r~m.?yat;·transt~f;~<rl~
:~riD~5;mecti~;tr~~tment; ·fntr~7f~C;iliWmpY~rnent, or othe.rproc€§~ir:lt:Jjnto;orou~9fm~f{:lpjlity. : ; . ...
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I.
i ~ ,i '-------:..., . POPUtA!IQN ¢pUNTS-,~atln~ ~ '" : :,--/ "" ,,~ :" ";,' "" I
-, Policy~ AJHletenti0Q,t~cilm~,'Shalt enSUi~ ai:ciwi d-the"Cj9CK<;G®untC!bllitYfor glt,detalnees, This.r~uires that J
laff~;~iilii'!:t1i;'~f1~~. e~~=~~j~1~~~i~i=~!=#li~~i
Staff conducts a formal count at least once each shift Il:J [] []
Activities cease or are strictly controlled while a formal
count is beinq conducted, r8J 0 0
Formal counts in all units take place simultaneously, o []
Officers do not allow detainee participation in the count. [] [J
Officers positively identify each detainee before
counting him/her as present. o o
Written procedures cover informal and emergency
counts. o o
The control officer (or other designated position)
maintains an out -count record of all detainees
temporarily leaving the facility.
o o
Standard Rating:
11!r~~i!~~!I~!il~~~~ie~j't«!~!~~i~t~lj
The facility has a comprehensive security inspection
procedures I program . o o
Every officer is required to conduct a security check of
his/her assigned area. Results are documented. o o
The front-entrance officer checks the fO of everyone
entering or exiting the facility. o o
Page 13 of 17
G-324B Detc s (Under 72 Hours)
.~~~I~J~III.~i~W~;~b~~tl~J~hi"~~i;?fi~~~7t~~;i~~~%~tr:;r:;~~c
'"hOt1~~@.~tail\~l?S ~ l$¢Jat~qjplth~r'ownwot~ctlon; t~~ QthE;rf9f:'()~ti:line~~p~iii9diSclpJj(i~Jor wrpngdol(1g.{sM·'
tbE)j$p-~~IM~rtag~flieritP.~ltm~ipll~rX5§E)Qr~ati8nrst91!darq). . . ;;< .......•. >.\.< . .• ..'::/:.
I '" ... .............< .. ...',>:: ." ·· C?~T..Fi?ti~Dt~ :.~JMAi'}~:i;;:i@;L;:jjA~:.': yfl$··.·' >No " .•• N~ : . ,:,'· , ~emarks : ~<.:
The Administrative Segregation unit provides
non-punitive protection from the general population and
individuals undergoing disciplinary segregation.
• Detainees are placed in the SMU o o
(administrative) in accordance with written
criteria.
In exigent circumstances, staff may place a detainee in
the SMU (administrative) before a written order has
been approved. o o
• A copy of the order given to the detainee within
24 hours.
Administratively segregated detainees enjoy the same
general privileges as detainees in the general o o
population .
The SMU is well ventilated.
• Adequately lighted.
• Appropriately heated.
o o
• Maintained in a sanitary condition.
All cells are equipped with beds. [] [}
The number of detainees in any cell does not exceed
the occupancy limit. o o
Detainees receive three nutritious meals per day. [J []
Reviewer Signature:
... Date: ~bh
I /
• •
A health care professional visits every detainee at least
th imes a week.
The SMU maintains a permanent log.
• Detainee-related activity, e.g. , meals served, D D
visitors etc.
At a minimum staff record whether the detainee ate,
showered, exercised and took any medication during
every shift and records all pertinent information, e.g., a o o
medical co suicidal/assaultive behavior etc.
Standard Rating:
~t;I~_~!CiI14ili.~~r!J'il'1~~;;~j~~~iitJ
2~>< •.•. •.•.•.· · ··•.. ,y.~>,.:~~ijlponEints · · · ···· >;:: ·:X~:3.:>·;,",>;<.·•• ·.:F¥AAf: f'lt; ' <NA·••· : ··:;:;·.·;}K:~;.tij~~tl<$' ·:···':"<:·:·:::·:!C·
t8J
Officers placing detainees in disciplinary segregation
follow written procedures. o o
A completed Disciplinary Segregation Order
accompanies the detainee into the SMU. o o
Standard procedures include reviewing the cases of
individual detainees housed in disciplinary detention at
set intervals.
o o
The conditions of confinement in the SMU are
proportional to the amount of control necessary to
protect detainees and staff.
o o
All cells are equipped with beds. o []
When a detainee is segregated without clothing,
mattress, blanket, or pillow, a justification is made and
the decision is reviewed each shift. Items are returned o o
as soon as it is safe.
Detainees in the SMU receive three nutritious
meals/days. o o
Detainees are allowed to maintain a normal level of
personal hygiene, including the opportunity to shower o o
and shave at least three times/week.
D.(e:*
IGSAs (Under 72 Hours)
•
A health care professional visits every detainee in
disci !ina se re ation eve da M - F. l2Sl 0 0
All detainee-related activities are documented, e.g.,
meals served, recreation activities, visitors, etc. o o
At a minimum staff record whether the detainee ate,
showered, exercised and took any medication during
every shift and records all pertinent information, e.g., a o o
medical condition suicidal/assaultive behavior, etc ,
Standard Rating:
~1~ll{.\.'i_i"j~~~'\._j~l\l1!f~::~.i~]l;~l
tool~ah?ffq918mW@~Q.QtJ:1.~ ; !P9atu:mjn whi~~. ~ools ar~ ~tQr~ ,': tl')sse .inveritbrie~§tlallbe,.<ilJrf~ptl :fHe:cF.anq
r¢adilyaYa1lable',f?#~fP.QF(riveritQrY and .a"P(l.QV(1tCl.bi)[tyq4dl')~f~h ~~ud]t. .••:.:•.• •. . <:: .. • ...... ':»'><" . .:........• '<: (", \>j :.L-<>
::< I·?(>H\~?'rnpqn~Il~~ : ~~s NO <:.:NA ..•••••• . Rema.r:ks \>./ ;.:f>
The facility has a tool classification system. Tools are
classified according to :
• Restricted (dangerous/hazardous) [8J 0 0
• Non Restricted (non-hazardous).
Each facility has procedures for the issuance of tools to [gJ
staff and detainees. o o
Standard Rating:
At-Risk
OfSCRIPTlON: These items relala difeclty to factors which lead to foodbome illness. These
Items MUST RECEIVE IMMEDIATE ATTENTION wi1hin 72 hours Of as stated.
TO BE
CORRECiED BY
PAGE (S)
• OFFICiAl
•
'7.). 71:J...
_ __ _ _ _T1TLE (fu~:fa'~1
J
Si
Si
Sign,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
ConInittee Member
DETENT I ON FAC I Ll IT
•
PUQ Xi." i
STATE OF AFI<AHSAS
ADULT DETENTION FACILITIES
CrJ)~ ~.ol i
, CJ
1
•
All Adult Detention Faci I ities in Arkansas must comply with all applicable mandatory
requirements. Fai lure to meet applicable requirements wi II cause the faci lity to be
considered in non-compliance and subject to further action by this Agency in compliance
with Act 530 of 1985 - Section 4.
III. ADMINISTRATION:
Does the Facility's operations comply with
requirements as stated in Chapter III relative to
the fo Ilowi ng:
Section 3 - 1004 - Wr itt en Po I i cy YES V NO_ _N/A
IV_ PERSONNEL:
V. RECORD SYSTEM:
1
;' v. RECORD SYSTEM: con.ed •
/
Section 5 - 1004 - Is conf.inement information being
YES ~ NO
gathered on each inmate?
- - -N/A-
Section 5 - 1005 - Is prisoner's personal property
being handled properly? YES V NO _ _N/A
2
,VII J. PRISONER SEPARATI ON.ont inued
Section 8 - 1001 - Are youthful offenders under age
18, who are under The Juris-
diction of The Juveni Ie Court
incarcerated?
•
Section 8 - 1001 - I.f so, are they completely sep-
arated from the rest of the jail
population? YES._ _NO_ _NIA---==::'
IX. SECURITY:
3
J,. • - Mt:1J I CAL , DENTAL AND tJ1AL HEALTH CARE: •
Section 10 - 1001 - Does the faci I ity have a -medical
and dental plan in writing and
on file to insure that medical
services or practices are avai 1-
abJe to all those in custody?
4
f XII. FOOD SERV ICE: con eed •
I
r
Section 12 -1001 Are menus approved by a dietician? YES~NO_____N/A____
XIV• SAFETY :
Section 14 - 1002 - Has the faci lity been inspected
by local fire department in the
past year? YES ~ NO______N/A
Section 14 - 1003- Does the faci lity have a written
fire plan and is personnel
familiar with it? YES v'" NO_ _N/A_ _
5
/' XVI. EXISTING FAcrLITIES~
~
YES C.//NO
Section 16 - 1004 - Is lighting adequate?
- - -NJA-
Section 16 - 1004 - Is temperature ~~intained at
a proper level?
Section 16 - 1004 - Is an automatic cut-in gener-
ator for emergency lighting ./
CLERK
-- k
__x - - -_ _ _ ~axrnT______~~~
_____________
CHIEF OF POLlCE_ _ _ _ _--::-_ _ _MAYOR,_ _ _ _ _ _ _CITY COUNCIL,_ _ _ __
~.~~------~~-------
ANY ACT I ON RE~ I RED JN 11&(8) I ATE NON-COMPL lANCE? YES_ _ NO K
DI RECTOR t SHELP REOU 1R::l)? YES NO K
LIST REASONS FOR (NO AND NI A)
1-/ d v)VleJ {
..........
7
OJ)ice of Detefltion and Removal Operations
U.S. Department of Homeland Security
425 I Street, NW
Washington, DC 20536
u.s. Immigration
and Customs
Enforcement
FROM:
Acting Director
The annual review of the Benton County Detention Center conducted on February 28, 2006 in
Bentonville, Arkansas has been received. A final rating of Acceptable has been assigned. No
further action is required and this review is closed.
The rating was based on the Reviewer-In-Charge (RIC) Summary Memorandum and supporting
documentation. The Field Office Director must now initiate the following actions in accordance
with the Detention Management Control Program (DMCP):
I) The Field Office Director, Detention and Removal Operations, shall notifY the facility within
five business days of receipt of this memorandum. Notification shall include copies of the
Fonn G-324B, Detention Facility Review Form, the 0-324B Worksheet, RIC Summary
Memorandum, and a copy of this memorandum.
2) The Field Office Director shall schedule the next annual review on or before
February 28, 2007.
Should you or your staff have any questions regarding this matter, please ~~~~l • • • •
Deputy Assistant Director, Detention Management Division at (202) 732W
• • u.s. Department of
HomeLand Security
DetentionandRemoval
3822 Airport Plaza
P.O. Box25 10
Texarkana Ar. 75504
i~. •
) U.S. ImmigratioJ
\1; " ~l and Customs
~!!..~lt~l Enforcement
FROM:
SUBJECT: Review Summarv Report for Benton County Detention Center Review
On February 28, 2006 a review of the Benton County Detention Center located
within the New Orleans District was conducted. This review was performed under the
supervision of Reviewer-In-Charge (RIC). The review measured
compliance with the INS I ICE Detention Standards. Attached to this memorandum are a
copy of the original Form G-324a Detention Inspection Fonn and a copy of the
worksheet.
Type of Review:
Review Summary:
The American Correctional Association (ACA) does not accredit the Facility. The
Arkansas Criminal Detention Review Commission (J ail Standards) and the Arkansas
State Health Department accredit the facility.
• Page 2
•
Benton County
Compliant 27
Deficient o
At- Risk o
RI C Observation:
The signature below constitutes review of this report and acceptance by the &:l£J.m!IU\J~ will have " .. ~ . -.~ from
receipt ot tbis report to respond to all findings and recommendations.
Comments: The Review Authority concurs with the recommended rating of "Acceptable." The Reviewer-In-Charge
has justified the rating.
Fonn G-324A (Rev. 8illO]) No Prior Version May Be Used After 12/31 /0]
Department Of Homeland Security • • Detention Facility Inspection FOTD1
Immigration and Customs Enforcement Facilities Used Under 72 hours
----~---------------------------------------------------------------
G. Accreditation Certificates
ICE Intergovernmental Service Agreement List all Stale or National Accreditation[s] received:
ICE Staging Facility (12 to 72 bours)
[J Check box iffacilitv has no accreditation[s]
B. Current Facility Ret'icw
Type of Facility Review
121 Field Office D HQ Review
Date[s] of Facility
02128106
1-:-:--'
! I L . F T Ca acitv
aCllty
Name of Team Member / Title / Duty Location ... Rated Operational Emer2eocy
I / Adult Male 476 357 476
Name of Team Member I Title / Duty Location Adult Female 32 24 32
/ / o Facility holds Juveniles Offenders 16 and older as Adults
F. CDFIIGSA Information Only M
i . Average D al"IYP
opuIanon
'
I Contract Nwnber
! 10-00-0041 01101/01
I
Date of Contract or IGSA . ' ..... ......
...
I AdultMale
ICE
0
USMS
0
Other
0
Basic Rates per Man-Day r Adult Female 0 0 0
40,00
Other Charges: (If None, Indicate NI A) ~ Staffing Level
Form G-324A (Rev. 8113/04) No Prior Version May Be Used After 1011104
• Significant Incident Summary Worksheet
•
For ICE to complete its Review of your facility, the following infonnation must be completed prior to the scheduled review
dates. The information on this form should contain data for the past twelve months in the boxes provided. The information on
this form is used in conjunction with the ICE detention standards in assessing your detention operations. This form should be
filled out by the facility prior to the start of any inspection. Failure to complete this section will result in a delay in processing
this report.
Assault:
Offenders on
Offenders l
31 36 19 22
Assault:
Detainee on
Staff
3 0 2
5 3 6
3 3
4 5 3
Escapes
41 52 32
Any attempted physical contact or physical contact that involves two or more offenders
Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting
Routine transportation of detainees/offenders is not considered "forced"
Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations,
major fires, or other large scale incidents.
Form G-324B (Rev. 10/18/04) No Prior Version May Be Used After 12/1104
• •
Classification System
Detainee Handbook
Food Service
Funds and Personal Property
Detainee Grievance Procedures
Issuance and Exchange of Clothing, Bedding, and Towels
~""JLl"" 'U'U<> Practices
Detention Files
Disciplinary Policy
Emergency Plans
Environmental Health and Safety
Hold Rooms in Detention Facilities
Key and Lock Control
Population Counts
Security Inspections
Special Management Units (Administrative Segregation)
Special Management Units (Disciplinary Segregation)
Tool Control
Transportation (Land management)
Use of Force
Staff / Detainee Commwtication
Form G-324B (Rev. 10/18/04) No Prior Version May Be Used After 12/1/04
• RIC Review Assurance Statement
•
By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate controls
contained in the Inspection Report arc supported by evidence that is sufficient and reliable. Furthennore, fmdings of
noteworthy accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is
operating in accordance with applicable law and policy, and property and resources are efficiently used and adequately
safeguarded, except for the deficiencies noted in the report.
Date
lEA 02128106
Print Name, Title, & Duty Location Print Name, Title, & Duly Location
Print Name, Title, & Duly Location Print Name, Title, & Duty Location
Comments:
Form G-324B (Rev, 10118/04) No Prior Version May Be Used After 1211104
RIC Review Assurance Statement
,---------.~------------.~.-~-.-.---.--~.--.,-
By signing below, the Reviewer-Tn-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate controls
contained in the Review Report are suppol1ed by evidence that is sufficient and reliable. Furlhcm)ore, findings of noteworthy
accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating in
accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the
deficiencies noted in the report.
Print Name & DUlY U>c{!lion Print Name & Duty Location
Print Name & Duty Location Print K'ame & Duty Location
RIC Comments: