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98-124 Resolution No. 98-124 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL SERVICE AGREEMENT WITH THE U.S. IMMIGRATION AND NATURALIZATION SERVICE FOR USE OF ELGIN POLICE JAIL FACILITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute an Intergovernmental Service Agreement on behalf of the City of Elgin with the United States Immigration and Naturalization Service for housing detainees in the Elgin police jail facility, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 27 , 1998 Adopted: May 27, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk . U.S.,,- ;�r:+;-;, Department of Justice ± � �. Immigration and Naturalization Service r IGSA-A/ACD-98-6075 Administrative Center,Dallas 7701 N.Stemmons Freeway Dallas, Texas 75247 December 10, 1998 James E. Lamkin Deputy Chief of Police • Elgin Police Department 151 Douglas Avenue Elgin, Illinois 60120-5503 Dear Deputy Chief Lamkin: Enclosed is a copy of the Intergovernmental Service Agreement between the Elgin Police Department and the Immigration and Naturalization Service for the detention of aliens at the Jail. We have assigned the above number to this agreement. Please refer to this number when making any inquiries. Should you have any questions, please feel free to contact Carlos Flores at 214 905-5539. Sincerely ca, Deb.ie us-n,e y 1() Assistant Director Enclosure IGSA-A/ACD-98-6075 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE U.S. IMMIGRATION AND NATURALIZATION SERVICE AND THE ELGIN, IL POLICE DEPARTMENT PURPOSE The purpose of this Intergovernmental Service Agreement (IGSA) is to establish a formal, binding relationship between the United States Immigration and Naturalization Service (hereinafter referred to as the"Service") and the Elgin Police Department(hereinafter referred to as the"Provider") for the detention and care of the persons (hereinafter referred to as "Service detainees") of all nationalities authorized to be detained by the Service in accordance with the Immigration and Nationality Act (INA) and related criminal statutes. A Governmental entity is defined as a legitimate entity pursuant to State or Federal law. SUPPORT AND MEDICAL SERVICES The Provider agrees to accept and provide for the segregated (to the extent possible), secure custody, care, and safekeeping of Service detainees in accordance with Federal, State, and local laws, standards, policies, procedures, or court orders applicable to the operations of the facility. Nothing in this agreement shall be construed to bind the Service contrary to its legal, policy, or court order responsibility. The Provider agrees to provide Service detainees with the same level of medical care and services provided local prisoners including the transportation and security for Service detainees requiring removal from the facility for medical services. The Provider shall notify the designated contact person at the local Service office as soon as possible but within two (2) hours of all medical emergencies requiring removal of a Service detainee from the Facility. Service authorization will be obtained prior to removal of a detainee from the facility for non-emergency medical services in accordance with procedures to be established and mutually agreed upon. All medical care other than emergent must be pre-approved by the Service in consultation with the United States Public Health Service (USPHS). The Service may not accept responsibility for any costs incurred that were not pre-approved other than emergent medical costs. For medical care provided outside the facility, the Service retains the option of designating a medical provider for non-emergency care if the Service determines that an alternative provider is more cost effective, or more aptly meets the needs of the Service. The USPHS is under contract to the Service to help insure preservation of the health of detainees as an integral part of the INS Health Care Program. For purposes of oversight, the relationship of the INS Health Care Program to the detainee shall be likened to that of physician to patient. In this light, restrictions generally applicable to the release of information by the Provider will not be applicable to representatives of the INS Health Care Program, who will be the final authority regarding the health of Service detainees. On-site health care shall be furnished at the Provider's expense. Detainees seeking/needing medical services shall not be charged any additional fee or co-payment for services or treatment. IGSA-A/ACD-98-6075 The Provider further agrees to include all costs associated with hospital or health care services provided outside the Facility, with the regular monthly billing to the Service for detention services. The Provider shall arrange for the hospital/healthcare facility to invoice the Provider for services provided at rates no greater than those applicable for other individuals in the custody of the Provider. A complete copy of the caring facility's invoices for hospital/health care services shall be submitted with the detention billing to support the Service's payment of those costs to the Provider. The Service shall include payment for the hospital/health care services provided along with the monthly payment for detention services. The Provider agrees to provide stationary guard services at cost, if necessary as requested or required for detainees committed to a medical facility. Such service will be performed by qualified law enforcement or correctional officer personnel employed by the Provider under their policies, procedures, and practices. The Provider agrees to augment such practices as may be requested by the Service to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. The itemized monthly invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates), and the names and Alien #s of the detainees. Reimbursement for stationary guard services will be only for hours spent on post. No reimbursements are authorized for mileage, meals, or other miscellaneous expenses. RECEIVING AND DISCHARGE The Provider agrees to accept as Service detainees those persons presented by Service officers for violations of the Immigration and Nationality Act, and related criminal statutes, only upon presentation by the officer of proper INS credentials. The Provider agrees to release Service detainees only to Service officers presenting proper credentials. Any questions regarding any individual presenting herself/himself as having such authority should be addressed to the contact persons identified in this document prior to releasing any Service detainees. Service detainees may not be released from physical custody of the Provider, for any reason except for medical or other emergent situations, or in response to a Federal Writ of Habeas Corpus. If a Service detainee is sought for federal, state or local court proceedings, only the Service may authorize release of the detainee for such purposes. The Service Contact Person shall be immediately advised by the Provider regarding any such requests. MINIMUM STANDARDS The Provider agrees to meet the following minimum standards: 1. 24 hour supervision of detainee, either visual or auditory. 2. Segregated detention of detainees from the jail population, with criminal detainees segregated from other Service detainees to the extent possible. IGSA=A/ACD-98-6075 3. Meet or exceed all applicable fire and/or life safety codes, and will have and maintain appropriate smoke/fire detection equipment in the facility. 4. A minimum of three (3), nutritionally balanced meals in a 24-hour period for each detainee. No fewer than 2,400 calories total per 24 hours. There will be no more than 14 hours between meals. 5. Appropriate 24-hour emergency medical care, and emergency evacuation procedures. 6. When detained overnight, each Service detainee will be provided a mattress, and when appropriate, a blanket. 7. Provide recreational programs and activities that meet the requirements as set forth on Detained Alien Recreation Policy, Attachment No. 1. 8. In the case of adult detention facilities, the Provider agrees to notify the Service Contact Person immediately (within 2 hours) in the event it is discovered that a Service detainee placed into the facility is a juvenile (under the age of 18 years). . FACILITY LOCATION The Provider shall provide detention services for Service detainees at the following institution: Elgin Police Department 151 Douglas Street Elgin, Illinois 60120 The provider shall notify the Service Contracting Officer immediately of a change of any contracting out of the operation of these facilities which are operated by the Elgin Police Department. By signing this agreement, the signatory certifies that Elgin Police Department s utilizing the named detention facility above for its detention requirements. Signatory agrees to notify the Service within 30 days of its cessation of use of the facility. By signing this agreement, the signatory certifies that Elgin Police Department is a legitimate government entity pursuant of State or Federal law. INSPECTION This Facility is governed by city standards. The Provider will provide copies of its standards to the Service with any subsequent modifications. The Provider agrees to allow periodic inspections of the facility by Service jail inspectors. Findings will be shared with the facility administrator in order to promote improvements to facility operations or conditions of confinement. Failure to maintain at least the minimum standards, discussed above, will be sufficient cause for suspension or termination of this agreement. IQSA-A/ACD-98-6075 FINANCIAL PROVISIONS The per diem rate under this agreement is $50.00 per manday. The rate covers one person per day. The government may not be billed for two days when a Service detainee is admitted one evening and removed the following morning. The Provider may bill for the day of arrival but not for the day of departure. The Provider shall prepare and submit an itemized invoice for the services provided each month, in arrears. The invoice is to be submitted to the following location: ATTN: DEPORTATION, ROOM 553 U.S. IMMIGRATION &NATURALIZATION SERVICE 10 WEST JACKSON BLVD. CHICAGO, ILLINOIS 60604 The prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 USC 1801), is applicable to payments under this Agreement and requires the payment to the Provider of interest on overdue payments. Determination of interest due will be made in accordance with the provisions of the Prompt Payment Act and the Office of Management and Budget Circular A-125. Payment under this agreement will be due the thirtieth(30th) calendar day after receipt of a proper invoice in the office designated to receive the invoice. The date of the check issued in payment shall be considered to be the date the payment is made. Original invoices shall be submitted monthly to the Service office designated to receive invoices. Invoices should be submitted within the first ten working days of the month following the calendar month in which the services are provided. The invoice must include the name, title, telephone number and complete mailing address of the official submitting the invoice. In addition, it shall list each Service detainee with Alien #s, the specific dates of detention for each, the total number of days, the daily rate, and the total amount billed (total mandays multiplied by the daily rate). Each invoice must also include the complete IGSA number and the delivery order number that generated the invoice. The Debt Collection Improvement Act of 1996, included in Public Law 104-134, requires that Federal payments be made via electronic funds transfer (EFT), as determined by the payment office. The Provider is advised to fully complete a Standard Form 3881 and submit with its first invoice. The form can be provided by the Contracting Officer on request. PAYMENTS WILL BE ISSUED FROM: Immigration&Naturalization Service OR Immigration&Naturalization Service Finance Officer(ROBUD/VOUCHERS) Administrative Center/Finance Officer Bishop Henry Whipple Federal Building P. O. Box 560947 Room 400 Dallas,TX 75356-0947 Fort Snelling, MN 55111-4007 IGSA-A/ACD-98-6075 This agreement is effective upon execution by both parties and shall be in effect for an indefinite period. Either party may terminate this agreement by providing written notice of termination. For the termination to be effective, the other party must receive actual written notice of the intent to terminate at least 30 days prior to the proposed termination date. Should conditions of an unusual nature occur, making it impractical or undesirable to continue to house Service detainees, the Provider may suspend or restrict the use of their facility. In order for the suspension or restriction to be effective, the Service must receive actual written notice of the intent to suspend or restrict at least 14 days prior to the proposed date. The only exception to this notice requirement is when an emergency situation requires the immediate relocation of Service detainees. The Provider may initiate a request for a rate increase, or decrease, by notifying the local office of the Service in writing at least 60 days prior to the desired effective date of the adjustment. The rate may be re-negotiated not more than once per year, after the agreement has been in effect for twelve (12) months. Any rate increase must be justified in writing to the local Service office prior to being approved. Adjustments will be evaluated on the justification provided and the . reasonableness of the proposed price increase. Changes in rates or other terms and/or conditions of this agreement shall be effected by the issuance of either an amendment to this agreement or the execution of a new agreement. DISPUTES Disputes, questions or concerns pertaining to this agreement will be resolved between the Service and the Provider, or authorized agent. Unresolved issues are to be directed to the Contracting Officer listed below: Name: Arthur S. Cooper, III Phone: 214 905-5533 INDEMNIFICATION The Provider, which is self-insured, shall save and hold harmless and indemnify the Service against any and all liability claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connections with, or in any way incident to or arising out of occupancy, use, service, operations, or performance of work under the terms of this agreement, resulting from the negligent acts or omissions of the Provider, or any agent of the Provider. In so agreeing, the Provider does not waive any defenses, immunities or limits of liability available to it under state or Federal law. ORDERING OFFICE The following Service offices at the addresses shown may place orders for detention related services in accordance with this Intergovernmental Service Agreement. IG.SA-A/ACD-98-6075 Immigration&Naturalization Service 10 West Jackson Blvd. Chicago, Illinois 60604 Deportation,Room 553 ATTN: DD&P Section CONTACT PERSONS The Provider is advised to contact the following representatives at the local Service office for any matters related to this agreement: Name: DAVID VENTURELLA Title: ASSISTANT DISTRICT DIRECTOR FOR DETENTION AND DEPORTATION Phone: 312 353-7310 Name: DIANNE D. ESBROOK Title: DEPUTY ASSISTANT DISTRICT DIRECTOR FOR DETENTION AND DEPORTATION The Service may contact the following representatives of the Provider for assistance in matters related to this agreement: NAME: Jim Lamkin TITLE: Deputy Chief PHONE: 847 289-2762 THIS AGREEMENT IS SUBJECT TO THE AVAILABILITY OF CONGRESSIONALLY APPROPRIATED FUNDS TO THE SERVICE. CRDDP Concurrence: ACDFIN Notification: ��- • 1U3H-H/I\LU-J0-0U/5 SIGNATURES AND EXECUTIONS U.S. Department of Justice Elgin Police Department Immigration &Naturalization 151 Douglas Street Administrative Center, CAP Clinton, Illinois 61727 7701 N. Stemmons Freeway Dallas, TX 75247 Arthur S. Cooper. III �'- , Name of Contracting Officer .me •f Person Autohorized to Sign in behalf of Provider 0—c Ce. 4, PAR,�E-2 Signature Signature X21 10/99 6/// I P Date Signed Date Signed 7 Immigration and Naturalization Service • CRDDP 50113.5 Central Regional Office 7701 N Sunvnons Freeway Dallas, Texas 75247 SEP 2 4 1998 MEMORANDUM FOR DISTRICT DIRECTORS AND CHIEF PATROL AGENTS ALL DISTRICTS AND SECTORS CENTRAL REGION FROM: Mark K. Reed / Regional Director /1- J"` 6-ej SUBJECT: Procedures for Medical Pre-Authorization and Billing for INS Detainees Beginning on October 1, 1998, the United States Public Health Service Division of . Immigration Health Services (USPHS/DIHS)will begin handling all authorizations for medical treatment of INS detainees and all invoice and payment issues. This is a change from our previous procedures wherein detainee medical treatment was authorized locally by the Districts and Sectors and invoices were received and paid by INS. Please ensure that all jails in which your District or Sector house detainees are aware of and understand these procedures. These procedures are effective for all medical treatment of INS detainees occurring on and after October 1, 1998. Attached are notices your office may wish to use to assist local jails in making this transition. Any mailing or faxing of these notices should be followed up with a telephone conversation or personal visit to ensure the appropriate personnel in the jail facility have received and understand the procedures. Following implementation of this program on October 1, 1998,INS personnel are NOT to authorize medical treatment of INS detainees. Please ensure your staff is aware of this proscription. Any questions from local jails or medical providers regarding treatment or billing may be referred to the USPHS/DIHS contact persons listed on the attachments. As always, emergency treatment requires no pre-authorization. Any questions regarding this memorandum may be referred to the Central Region Office of Detention and Deportation at(214) 767-7062. Attachments-4 cc: ACT/ACD Finance • NOTICE Notice for Detention Facilities Housing INS Detainees Pursuant to Intergovernmental Service Agreement or Purchase Order SUBJECT: Medical Treatment of Immigration and Naturalization Service Detainees • ATTN: Jail Administrator/Sheriff The purpose of this notice is to inform you of a new initiative to manage the medical care and costs of INS detainees housed in Non-INS detention facilities. On October 1, 1998, the United States Public Health Service(USPHS)will assume certain responsibilities for the pre-authorization of treatment and payment of medical bills for all INS detainees. Pre-authorization of medical treatment for INS detainees has previously been obtained from the local INS Office pursuant to existing Intergovernmental Service Agreements and other local purchasing arrangements. These medical pre-authorizations must now be obtained from a centrally located Managed Care Coordinator of the USPHS. Invoices will now also be handled by the USPHS. Local INS Offices will no longer authorize medical care for INS detainees. Please note the three attachments outlining revised procedures for obtaining pre- authorization of medical treatment and invoicing/payment of medical bills for INS detainees. These procedures shall apply for all medical care rendered to INS detainees on `and after October 1, 1998. Your assistance and cooperation with the transition to the revised procedures is greatly • appreciated_ Attachments: 1. Procedures: Pre-authorization of Medical Treatment for Immigration Detainees 2_ Pre-Authorization Form 3. Procedures: Invoicing and Payment of Medical Bills For Immigration Detainees PROCEDURES • PRE-AUTHORIZATION OF MEDICAL TREATMENT FOR IMIVIIGRATION DETAINEES Effective October 1. 1998, the U.S. Public Health Service,Division of Immigration Health Services (DINS) will become responsible for approving and payment of all off-site INS detainee medical care. A Pre-approval Authorization Form must be faxed to(817)545-6686. The Detention Provider(State or local governmental agency)shall obtain pre-approval from the DIHS Managed Care Coordinator for all non-emergency,offsite,medical care by soliciting the request in writing. Eyeglasses,cosmetic dental prosthetics, and dental care for cosmetic purposes are also subject to pre- approval by the Managed Care Coordinator. Pre-approval from the Managed Care Coordinator is also necessary for all onsite non-routine billable charges(i.e:non-formulary medications,laboratory and radiological tests, etc). The Provider shall ensure that all invoices associated with detainee offsite and/or onsite non-routine services are submitted to DINS. The Managed Care Coordinator may require supporting medical documentation to assist in the determination of authorization. INS and PHS may refuse to reimburse for non-emergency medical costs incurred that were not pre-approved by the Managed Care Coordinator. In an emergency,the Detention Provider shall obtain the medical treatment required to preserve the detainee's health. The Provider's Health Authority shall notify the Managed Care Coordinator within seventy-two hours of the emergency to obtain authorization. The Provider's Health Authority will obtain authorization from the Managed Care Coordinator for continued medical services)beyond the initial emergency situation. The Managed Care Coordinator for the INS Central Region is: Captain Don Gabbert 2800 S.Pipeline Road Euless,TX 76040 PHONE: 1-800-218-5395 PAGER 1-888-766-8101 • FAX: 817-545-6686 (Note: 1-800 fax#is pending&will be available in the future) The INS Central Region includes INS detainees detained in the following States: • WISCONSIN MINNESOTA • NORTH DAKOTA IDAHO MONTANA WYOMING • NEBRASKA IOWA • SOUTH DAKOTA COLORADO UTAH KANSAS MISSOURI ILLINOIS INDIANA TEXAS OKLAHOMA NEW MEXICO Captain Gabbert may be contacted for pre-authorizations,emergency treatment authorizations,and any other questions regarding medical treatment of INS detainees in the Central Region. IMMIGRATION & NATURALIZATION SERVICE SEND TO: Division of Immigration Health Services Jail Management System Managed Care Coordinator • Facility Name: Date: / / Facility Address: City State DETAINEE INFORMATION • NAME • Sex M/F Last First MI Date of Birth: Alien Number. Month Day Year Country of Origin: REASON FOR REFERRAL • Requested Service/Procedure: Clinical Findings: Test Results: Diagnosis: Requesting Provider. INS Notified: Yes/No INS Status: OFFSITE PROVIDER INFORMATION Referred To: Telephone: ( --) - Address: Appointment Date: / / City: State Tip Appointment Time: Cost Estimate: • • REQUEST FOR INFORMATION PREAUTHORIZATON ACTION Date: / / DENIED! APPROVED/ PENDING Reason for Denial: • MCC: / Chief of Medical Stall 9/16/98 • PROCEDURES INVOICING AND PAYMENT OF MEDICAL BILLS FOR IMMIGRATION DETAINEES The following invoice and payment procedures are applicable to all medical bills for INS detainees for service rendered on or after October 1, 1998. Original itemized invoices for health care bills should be mailed with Pre-approval forms to the DIHS at the following address: ATTN Jail Management System P.O. Box 50945 Washington, DC 20091. Invoices must include: 1) Health Care Facility invoice with the name of INS detainee(s) treated, INS "A" number if known, and date(s) of treatment with discharge summary attached which includes diagnosis, treatment,prognosis, and if furnished by • the health care facility any follow-up needed; 2) Health Care Provider invoice with name of INS detainee treated, INS "A" number if known, and date(s) of treatment with note attached which includes diagnosis, treatment, and follow up needed; 3) Health Car;Vendors/Suppliers invoice with name of INS detainee(s), INS "A"number if known, list of services/supplies rendered, and date(s) services/supplies rendered. Invoices should be submitted within the first ten working days of the month following the calendar month. The Detention Provider shall instruct offsite healthcare providers/institutions to submit. their invoices to the address above for the DIHS. If you have questions or need additional information, you may contact Captain Nina Dozoretz, Chief, Integrated Health and Support Services Branch at(888) 718-8947. Thank you for your continued support as we manage our medical program. • - 1 • D E T E N T I O N S T A N D A R D S DETAINED ALIEN RECREATION POLICY PURPOSE: This policy establishes the recreational standards for programs and activities that will be made available to persons detained by the Immigration and Naturalization Service (INS). IL AUTHORITY: The Attorney General is empowered by Sections 235 and 242 of the Immigration and Nationality Act (INA) and Title 8 United States Code, Section 1252 and 1225, to arrest and take into custody an alien pending a final determination of deportability. Pending a final determination of deportability and release from custody; the Commissioner of the INS, under the Attorney General's delegated authority, is charged with the safe, secure, and humane detention of aliens in INS custody. POLICY/STANDARD: -': A. It is the INS' policy to provide access to recreational programs and activities to `: -5 all INS detainees, to the extent possible, under conditions of security and supervision that protect their safety and welfare. B. Compliance with this Policy and related Procedures will be applied in the following manner: Part 1 All Service Processing Centers and LEIS contract detention facilities. Part 2 dl local fails, state facilities• or any detention facility used by the INS and not covered under Part i. • - C. In addition to complying with Part 1 of this policy, all future INS Service Processing Centers (SPCs) or INS Contract detention facilities will incorporate the use of both indoor and outdoor recreation areas (as defined under this policy) for use by detainees. In addition to complying with Part 2-of this policy, all new ----— - and renegotiated contracts and Inter-Governmental Service Agreements(IGSAs) , will stipulate that INS detainees be afforded the opportunity to recreate daily. D. This policy may be temporarily suspended by order of a Regional Director under emergency circumstances. The Regional Director is required to notify the Executive Associate Comrunissioners for Operations and Programs for concurrence within 24 hours after this action is taken. • • • • • • • • ITV DEFINITIONS: • DISCIPLINARY PANEL - One or more facility'personnel who conduct and/or oversee disciplinary hearings. Disciplinary hearings on rule violations are conducted by an impartial person or panel of persons. A disciplinary hearing is a non judicial administrative procedure to determine if substantial evidence exists to find a detainee guilty of a rule violation. • INDOOR RECREATION - A covered enclosed exercise/recreation area encompassing 15 square feet per detainee for the maximum number of detainees expected to use the space at one time, but not less than 1000 square feet in total. INS CONTRACT DETENTION FACILITIES -INS contract detention facilities are - those facilities that provide detention services to the INS under a competitively bid . contract. Current INS Contract detention facilities are: Seattle; Denver;Laredo; and Houston. ='~ OUTDOOR RECREATION -An outdoor exercise/recreation area encompassing 15 square feet per detainee for the maximum number of detainees expected to use the space;'; `."-: at one time, but not less than 1500 square feet in total.. . SERVICE PROCESSING CENTER(SPC) - Any facility where the primary operator °` and controlling party is the INS. Current SPCs are: San Pedro; El Centro;Florence;El Paso; Port Isabel; Krome; Aguadilla; Varick Street, and Boston. Planned Service Processins Centers include Buffalo and San Francisco. SPECIAL NEEDS DETALNEE - A detainee whose mental and/or physical condition requires special handling and treatment by staff Special needs detainees include,but are not limited to those who are: drug or alcohol addicts or abusers,the emotionally - - disturbed. mentally retarded. suspected mentally ill, and disabled or infirm. SPECIAL MANAGEMENT DETAINEE - An individual who presents a serious threat to the safety and security of the facility, sta$ general detained population; or himself SPECIAL MANAGEMENT UNIT - A unit housing detainees whose continued presence in the general population poses a serious threat to life, property, sel± staff, or other detainees. • VOLUNTEER CITIZEN/GROUPS - Individuals or groups who donate time and/or effort to enhance the activities and programs of the agency. They are selected based on their skills and personal qualities to provide services in a variety of activities such as recreation, counseling, education, and religion. • 2 .(- •• .•••`'ii.f.t.` •• • • V PROCEDURAL GUIDELINES - PART l:, (Service Processing Centers [SPCsI and INS Contract Detention Facilities) Every INS Service Processing Center(SPC) or INS contract detention facility shall provide an indoor or outdoor recreation program that includes leisure time activities. A. Applicability: Part 1 applies to SPCs and INS contract detention facilities. It shall be utilized to establish physical plant criteria for new or planned INS detention facilities. It shall be used when considering renewal of an existing contract or detention space agreement. B. Responsibility: A specified full-time employee in each facility with more than 100 detainees shall be designated as the Recreational Specialist. Facilities with a rated capacity of 400 or more detainees shall be required to maintain a minimum of one Recreational Specialist and one Recreation Assistant. The Recreational - • Specialist shall be responsible for development and oversight of the recreational ; y- program under the supervision of the Chief Detention Enforcement Officer or designee appointed by the Facility Administrator. • • The Recreational Specialist shall be a full-time employee who has received special training related to carrying out and oversight of a recreational program. The Recreational Specialist shall: 1. Assess the leisure needs and interests of the detainee population. 2. Maintain recreational facilities and equipment in good condition. • 3. Provide staff supervision for approved recreation activities. . 4. Supervise detainees used as recreation workers. Use of recreation workers shall be at the discretion of each Facility Administrator based on • operational needs and security of the facility. Recreation workers shall be • screened and shall not supervise other detainees at any time. 5. Oversee recreation programs for Special Management and Special Needs • detainees. C. Program Content: Recreational activities shall be based on the size and location --of each facility. Recreational activities are restricted to limited-contact sport _ . __ __activities such as soccer, basketball and volleyballctable-games;and spwtiuks competitions between units when approved by the Facility Administrator. All programs and activities are subject to security and operational guidelines for each facility and may be limited at the discretion of the Facility Administrator. 3 • • • • • • • • General population housing units with dayrooms shall provide passive activities • such as board games, and television. Activity items shall be provided to the detainees once per day. Dayroom activities shall be supervised by detention personnel. Each detainee shall be afforded the opportunity to participate in daily recreation. A minimum of one hour per day of recreation outside the detainee's living quarters shall be offered. Where available, a minimum of one hour per day, seven days per week, of outdoor recreation shall be offered to each detainee. Each facility has the discretion to offer access to.a physical exercise area using a variety of fixed and movable equipment. No free weights of any type shall be provided for detainee use. Weight training, if provided, shall be limited to fixed weight equipment. If no outdoor recreation is available,the facility will ensure that detainees are offered the opportunity to perform some form of cardiovascular workout. This may be accomplished through placement of cardiovascular exercise machines in the indoor recreation area. Detention or recreation staff shall issue all portable equipment items. Staff will check all items for damage and the condition of the equipment upon rewrn. • Detention staff shall also conduct searches of recreation areas before and after • their use to detect altered or damaged equipment,hidden contraband, and security breaches. Detainees housed in the Special Management Unit(SMU) shall not recreate with the general population. Special precautions shall be taken in those units to ensure • that detainees needing separation from each other do not participate in recreation or any other leisure activity at the same location. (For further information,refer to "Recreation for Special Management Unit" section,Page 6) Staff supervision of all recreation areas shall be constant Supervising detention . personnel shall be equipped with radios to maintain contact with the control • • center. _ Detainees moving to recreation areas from locked cells or housing units shall be searched as necessary to prevent the introduction and passing of contraband. Detainees shall be allowed to engage in independent recreation activities such as board games and supervised small group activities. These activities are subject to limitations based on the safety and security of the facility and its operational needs. • 4 Television-viewing in dayrooms shall be regulated as needed by each facility. Television viewing schedules are subject to the approval of each Facility Administrator. Television programming shall be provided on non-premium channels generally available in the local community. Programs shall be in the English language. When available, programming in Spanish, or other languages reflecting the detainee population should be provided. D. Recreation for Special Management Unit(MU): Detainees assigned to this unit shall be offered one hour of recreation per day, seven days per week. Exceptions may be made when it has been shown a detainee is an unreasonable risk to the facility or its inhabitants, as indicated below. A detainee segregated for disciplinary reasons may be denied access to recreation upon written determination, by a Disciplinary Panel, that the detainee poses an •=3::. J unreasonable risk to the facility, other detainees, staff or himself A detainee ;u;.:_::.-,-'fir_ who has been segregated for administrative purposes (i.e, special needs detainee, special management detainee, protective custody...) may be denied access to recreation only upon the written authorization of the Facility Administrator or *:r designated representative. Any decision to deny recreation to a detainee must .,; - •.j • indicate why the detainee poses an unreasonable risk even when recreating alone_ Any detainee denied recreation shall be notified, in writing, of the reason for the adverse action, and the duration of the loss of his recreation privilege. The • detainee shall also be notified of the conditions that must be met before restoration of the recreation privilege. When a detainee is denied recreation, his case must be reviewed at a minimum of every 7 days for the first 60 days, and every 14 days thereafter. Each review will indicate whether the affected detainee still poses a threat to himself others, or facility security and if so, why the detainee still poses a risk. Denial of the- • • • opportunity to recreate for more than 15 days requires the concurrence of the Facility Administrator. Each facility shall establish procedures for its SMU that ensures compatibility between different groups of detainees assigned to the SMU and who will recreate together. As an example, detainees assigned to the SMU for protective custody shall not recreate with detainees placed for disciplinary reasons. Individual • recreation shall be used as necessary to prevent assaults and reduce managem -- problems. 5 - • • E. Volunteer Program Involvement: Individual volunteer groups may provide a special program or religious activity consistent with security considerations, availability of detention personnel to supervise the detainees, and sufficient advance notification to the Facility Administrator or his designee. All volunteers regardless of their title or position, are subject to a minimal • background check, including, but not limited to; criminal history check; verification of identity; occupation; and verification of credentials for type of activity involved. Each volunteer shall be provided with a standard orientation to the facility and shall sign an acknowledgment of understanding of the facility rules,.particularly those addressing permissible behavior and relationships with detainees. Each approved volunteer shall be required to sign a waiver of liability before being admitted to any secure portion of the facility or location where detainees are . present. Visitors, relatives, and friends of detainees shall not be allowed to serve as volunteers. • • F. Access to Outdoor Recreation: In locations where no outdoor recreation is available, the guidelines below shall apply. It is INS policy that where no outdoor recreation is available, and a detainee has been detained for a period of six months without regular access to outdoor - recreation, that detainee's case shall be reviewed by the case officer to determine . the detainee's eligibility for a transfer to a facility that provides access to outdoor recreation. The case officer shall make a written recommendation for Cr transfer eligibility. A detainee is eligible for transfer when the following criteria. are met: I. A detainee has been in custody for six months without regular access to • outdoor recreation(for reasons other than inclement weather) and 2. The detainee has completed proceedings before the Immigration Judge(IJ) and the U has issued a decision concerning deportability or excludability and; 3. The removal or release of the detainee is not likely to occur before the detainee has been in custody for a total of nine months without regular - access to outdoor recreation. This may include cases where an appeal has been filed, where it is unlikely that a travel document can be obtained, • - -- - where the detainee is an aggravate. -felon and release of the alien is not an • option, or any circumstance where it can reasonably be shown the detainee will remain in INS custody for an indeterminate amount of time. 6 • Under these criteria, detainees whose departure or release is imminent shall not be eligible for transfer after six months of detention. Examples include detainees awaiting receipt of travel documents from a foreign consular office or other • source within the control of the detainee, and the document is expected to arrive before the detainee has been in custody for nine months without outdoor recreation; or the likelihood exists that a bond or some legal means of release from custody shall be secured within that time period. • The case officer's written determination shall be provided to the Facility . Administrator for a decision. A written decision, supporting or denying transfer eligibility will be made by the Facility Administrator consistent with the criteria Iisted above. Where a detainee is not eligible for transfer, it is the case officer's responsibility to monitor the case for any change in eligibility criteria. • In no case will the total aggregate time in detention exceed nine months in a detention center with no regular access to outdoor recreation, except where the detainee has read and signed a voluntary waiver. . • If the Facility Administrator determines that a detainee is eligible for a transfer, . the detainee shall be afforded the option to voluntarily transfer to another suitable detention facility selected by the Service when appropriate detention space is available. All documentation regarding the transfer decision shall be placed in the detainee's"A"File. • Detainees shall be afforded the opportunity to waive a voluntary transfer. The case officer shall provide this opportunity in writing to the detainee. The detainee . will accept or waive the transfer in writing and the decision chat' be placed in the detainee's "A" File. When a detainee is represented by legal counsel or a legal representative and a G-28 or EOIR-28 has been Sled, the representative of record shall be notified in writing of the intent to transfer the detainee. The legal representative shall also be notified of the detainee's option to waive a voluntary transfer when offered by the INS. • Should a detainee's case be remanded to the U for further proceedings after a • • detainee has been transferred, the detainee shall be returned at the expense of the District where case venue is established for the continuation of proceedings. All transfers shall be made in a way that ensures sufficient time for the detainee to – meet with his legal representative,if represented, to prepare for the hearing. — This policy does not in any way address or limit the tights of the INS tot o ... detainee involuntarily when, in the judgment of the INS, it is in the best interest of the government or the detainee. 7 • • • 11, 7 • IL PROCEDURAL GUIDELINES-PART 2: (Local Jails or other detention facilities not covered under Part 1) Part 2 of this policy shall be used as criteria when considering the use of local jails and other contract detention space not covered under Part I. In general, it is the policy of the INS riot to use detention facilities that do not provide for indoor or outdoor recreation of INS detainees. Every effort should be made to locate detention space that provides detainees with regular recreational opportunities. In exceptional circumstances, facilities which provide no recreation may be used for temporary, short-term housing in accordance with the guidelines established in Section C below. A. Access to Outdoor and Indoor Recreation Available: No limitations on length= of detention shall be made, based.on recreation considerations,when access to both indoor and outdoor recreation (as defined under this policy) is provided routinely to INS detainees. INS detainees shall be offered recreation a minimum of one hour daily. \ . B. Access to Indoor Recreation Only: When access is limited to indoor recreation- only, and the detainee has no regular access to the outdoors, the guidelines established in Part 1, Section F, of this policy(Page 7)will apply. Where local jails or other non-INS facilities are used, the Assistant District Director for Detention and Deportation or a Supervisory Deportation Officer will make the final written determination of transfer eligibility of a detainee in INS custody. C. No Recreation Opportunities Available: When neither indoor nor outdoor recreational opportunities are available at a facility, a detainee will be eligible for a transfer to a facility providing recreational opportunities after 45 days. • A 45 day period shall allow for the detainee to contact legal representation.if necessary, request a bond redetermination, or request an expeditious deportation or exclusion hearing. In exceptional circumstances, the 45 day time limit may be exceeded by .15 days. ----•-- •This may occur, for example, when the detainee's removal or release is imminent, _ _ • or to conclude a deportation or exclusion hearing. In no case will the total time in detention exceed 60 days in a detention facility where no recreational opportunities are available, unless the detainee has been afforded the option to transfer to a facility which provides recreation. • When a detainee becomes eligible for a transfer, the detainee shall be afforded the option to voluntarily transfer to another suitable detention facility selected by the INS when appropriate detention space is available. 8 Detainees shall be afforded the opportunity to waive a voluntary transfer. The case officer shall provide this opportunity in writing to the detainee. The detainee will accept or waive the transfer in writing and the decision shall be placed in the detainee's"A" File. When a detainee is represented by legal counsel or a legal representative and a G-28 or EOIR-28 has been filed, the representative of record shall be notified in writing of the intent to transfer the detainee. The legal representative shall also be notified of the detainee's option to waive a voluntary transfer when offered by the INS. When a detainee has retained legal representation, the affected INS District shall consult with District Counsel to determine how to minimize potential interference with the detainee's access to legal representation. If the detainee chooses not to waive a transfer, the detainee will be transferred to the nearest suitable detention facility available and returned as needed for administrative hearings before the IJ if venue has not been changed. In cases where the detainee must be returned for administrative hearings, the transfer will be conducted in a way that provides for sufficient time for the detainee to meet with his legal representative before the hearing. The District where case venue was originally established shall be responsible for costs incurred to return the detainee to that venue for continuation of proceedings. This policy does not in any way limit the tights of the INS to transfer a detainee involuntarily when, in the judgment of the INS, it is in the best interest of the government or the detainee. No Region or District shall enter into any agreement, renewal or renegotiation with any non-service detention facility, or local jail (whether or not an IGSA exists), which does not provide for recreation of INS detainees, other than to provide for temporary short term or emergency detention. DETENTION STANDARD APP • = - : MAY 9 ii � APPROVED: i.. . .� s•, (Commissioner) • DISAPPROVED: DATE: • (Commissioner) OF Fkcs ¢ L City of Elgin Agenda Item No. May 8 , 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Intergovernmental Service Agreement with the U.S . Immigration and Naturalization Service (INS) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement with the INS for housing detainees in the Elgin Police jail facility. BACKGROUND The Elgin Police Department has enjoyed a positive, long- standing relationship with the United States Immigration and Naturalization Service . The INS wishes to occasionally house their detainees in the Elgin jail facility for short periods of time not to exceed 12 hours . The nationwide nature of the INS makes the housing of detainees in local facilities cost effective and greatly simplifies their ability to carry out their mission. The use of Elgin' s facility would be infre- quent, usually less than ten times per year. The detainees would be those arrested by INS for violations of federal immigration laws and would ordinarily result from actions that occur within the City of Elgin. The Elgin Police Department has been participating with the INS for several years on various programs, including housing some detainees . The attached agreement formalizes our rela- tionship and establishes responsibilities of each party. The City will receive $50 per day per detainee, which covers the entire cost to provide the service . No additional personnel will be required to house the detainees . The agreement also places financial obligations on INS for medical costs of the detainees . A 30-day cancellation clause allows the City to cancel the agreement should conditions change. The agreement is a small part of the ongoing cooperation between the Elgin Police Department and the INS. The INS has been instrumental in deporting illegal aliens within the City that have been involved in criminal activities, especially gang members . Agreement with Immigration/Naturalization Service May 8, 1998 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT The proposed agreement would provide a $50 per person per day stipend. The number of detainees that will be housed is estimated at 30 (three detainees for one day, ten times per year) for a total of $1, 500 . LEGAL IMPACT None. ALTERNATIVES The City may choose not to enter into this agreement, and INS will be required to house their detainees elsewhere . RECOMMENDATION It is recommended that the City Council authorize this agree- ment with the Immigration and Naturalization Service. Respectfully submitted, aVQL../ J• ce d . Parker C ty anager JB/jb