INS Detention Standards Compliance Audit - Middlesex County Jail, Middlesex, NJ, 2003

• May 27, 2016 • Locations: United States of America -> New Jersey • Topics: Corrections Audits, Immigration

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53rd at Third
885 Third Avenue
New York, New York 10022-4802
Tel: (212) 906-1200 Fax: (212) 751-4864
www.lw.com
FIRM / AFFILIATE OFFICES

MEMORANDUM

August 1, 2003

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Washington, D.C.

From:

b6
b6
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Summer Associate
Summer Associate

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Subject:

502130-0005
Andrea Siemens, ABA Commission on Immigration Policy, Practice and Pro Bono
Review of ICE Detention Standards at Middlesex County Jail in New Jersey

I. Introduction
This memorandum summarizes this delegation’s review of the Middlesex County Jail
(“Middlesex facility”) in Middlesex, New Jersey, where detainees of the Department of
Homeland Security (“DHS”) Immigration and Customs Enforcement (“ICE”) are held in
custody. 1 The information and analyses contained herein are based on observations by the
delegation, 2 a guided tour of the facility, interviews with DHS and facility officials, and
interviews with DHS detainees in the facility.
The Immigration and Naturalization Service (“INS”) promulgated the INS Detention
Standards (the “Standards”) in November 2000 to insure the “safe, secure and humane treatment
of individuals detained by the INS.” The Standards went into effect on January 1, 2001 and were
to have been implemented at each facility housing DHS detainees by January 2003. The
standards set the minimum requirements for DHS treatment of its detainees, but each field office
or officer in charge of a facility may enhance the rights and protections offered the detainees.

On March 1, 2003, the responsibility for the enforcement of immigration laws were transferred from the
Immigration and Naturalization Service to the United States Immigration and Customs Enforcement in the
Department of Homeland Security.
2

The delegation was comprised of members of the New York office of Latham & Watkins LLPb6
b6
, Litigation Partner;
t, Litigation Associate;
Associate;
b6
Summer Associate; and
,
Summer
Associate.
b6

b6
b6

The delegation met with, and interviewed the following officials during its visit on July
24, 2003:
Director, Rehabilitation Services (Middlesex)
Corrections Officer (Middlesex)
Supervisory Deportation Officer (ICE)
Enforcement Officer (ICE)

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Sgt.

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The Middlesex facility is located within a minimum- and medium-security county jail in
central New Jersey, about a one and a half hour’s drive from New York City. The general
inmate population at the facility is approximately 1,300 adult inmates, comprised of about 90
percent men and 10 percent women. 3 Inmates in the facility’s general population are persons
who are serving a sentence of less than one year or those with longer sentences awaiting transfer
to another facility. 4 Some of the Middlesex inmates are also persons awaiting trial.
The Middlesex County Jail began accepting DHS detainees in January 2002. Since then,
the facility has received detainees “on a regular basis.” 5 On the day of our visit, officials
approximated that nearly 215 detainees were in the facility. The detainees represented a wide
range of countries including Jamaica, the Dominican Republic, Cuba, Mexico, and various
African, Asian and Middle Eastern countries. 6 Officials estimated that detainees had spent
anywhere from two days to 18 months in the facility. 7 The facility has received female detainees
in the past, but none were present during our visit. The facility does not receive juvenile
detainees. At least 60 percent to 70 percent of the DHS detainees at Middlesex had been the
subject of criminal prosecution before becoming a DHS inmate. 8
The Middlesex facility has two separate housing units reserved for DHS detainees. The
first, the H-Unit, is the most permissive and unrestrictive housing unit in the entire facility. 9
With beds for 130 persons, the unit is set up as an open dormitory instead of individual or shared
cells. There is a large communal living area with tables and a few televisions. Sleeping quarters
are stacked in three tiers just off the living areas, with groups of four bunk beds exposed to the
living area. Bathroom and shower facilities are on each of the three tiers. The entire area is an
open space. There are no doors or even doorways to block one area from the next. Within the HUnit is a self-contained outdoor recreation area and a weight room.
3

Interviews with Ms.

Interview with Sgt.

Interviews with Ms.

Officials acknowledged that language is frequently a barrier when communicating with detainees. Although the
facility seemed well-equipped to communicate with Spanish-speaking detainees, it relied on Language Line for
communication in any other language. Language Line is a telephone translation service, where an operator can
translate from the detainee’s language to English in order to facilitate communication within the facility.

Interviews with Ms. b6, b7C , Sgt. b6, b7C Mr. b6, b7C and Mr. b6, b7C
the original detainees received in January 2002 were still present.

Interview with Ms.

Interviews with Ms.

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and Sgt.

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and Sgt.

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and Sgt.

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Officials specifically stated that some of

The second housing area, the A-Unit, is smaller and can house only 96 persons. This is a
more restrictive area, comprised of three levels, each with a common open area and adjacent
cells forming an enclosed circle. Two men sleep in each cell. The men are locked in the cells at
night.
Meals and medication are delivered to each housing unit, which minimizes the movement
of detainees, who do not mix with inmates in the general population or with detainees from the
other housing units.
In addition to observations on the implementation of the legal access standards:
Visitation; Telephone Access; Group Rights Presentations; and Legal Materials, the delegation
also made general observations in the following categories: Correspondence; Funds and
Personal Property; Grievance Procedures; Detainee Handbook; Access to Medical Care;
Recreation; Religious Issues; Discipline; Special Management Unit; and Voluntary Work
Programs.
II.

Observations of Implementation of Legal Access Standards
A.

Visitation

Detainees at the Middlesex facility are permitted a full range of visitors: family members,
friends, attorneys and legal representatives, members of the media and consular officials.
i.

Visitation by Attorneys

The Standards require that attorneys be permitted to visit detainees every day of the
week, for a minimum of eight (8) hours during each weekday and four (4) hours on weekend
days. Legal visits should encompass a heightened level of privacy, by which the detainee and his
lawyer may be visually observed, but not overheard. Furthermore, the Standards dictate that a
detainee not be routinely subjected to strip searches after each visit with his attorney; instead,
strip searches should only take place upon reasonable suspicion that the detainee possesses
contraband. Finally, attorneys should be able to verify clients’ whereabouts in the DHS system
(including Middlesex) 24-hours a day.
The Middlesex facility appears to be implementing the Standards set forth for legal visits.
According to Middlesex officials, attorney visits are accommodated seven days a week,
generally prompted by a phone call from a lawyer (though lawyers are permitted to visit
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detainees without calling ahead).
Deportation Officer for ICE, stated that
attorneys regularly receive information from the DHS about where their clients are being
detained, though he indicated that processing delays often mean that lawyers know the detainees’
whereabouts before DHS offices contact them. 10

Interview with Mr.

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Although most visitors meet with detainees in a large communal visiting room, attorneys
are also allowed to meet with clients in private rooms separate from the main visiting room. 11
One such room, a glass-enclosed conference room, is located within the H-Unit housing area.
This room, like the general visiting room and a set of “no-contact” phone booth rooms, is
observable by sight, but facility personnel cannot listen to the conversation taking place inside.
Facility officers referred to other conference rooms within the facility as also being available for
legal visits. 12 Detainees are allowed to exchange papers with their lawyers during these visits,
and detainees frequently retain these papers along with their personal belongings in the housing
unit (see Section VII, below). Detainees usually receive a “pat down” search after these visits;
strip searches are rare. 13
ii.

Visitation by Friends, Family and the Media

The Standards provide that visitation should be permitted during fixed periods on
weekends and holidays, and that such hours shall be clearly posted for detainees to see. If a
visiting family member is unable to attend regular weekend hours, special accommodations shall
be made to permit that person to visit during another period of time. All family members,
friends and associates (in addition to other categories of visitors addressed elsewhere) should be
permitted visitation with DHS detainees. 14
The Standards further provide that detainees’ visits should last at least 30 minutes, and
that no limitation on the number of visitors per detainee is allowed. Detainees in segregation
should not be denied visitation, and if a detainee is forced into restraints because of safety
concerns his visits should be denied rather than allowing visitation to take place while he is
restrained. Accommodations shall be made to permit detainees’ minor children to visit.
According to DHS guidelines, contact visits “shall be allowed and accommodated.” 15
Visitation by family and friends at the Middlesex facility is permitted up to four days a
week. The schedule allows for each detainee to receive visitation for up to 13 hours per week, as
such:
Wednesdays

1 pm – 4 pm
6:30 pm – 8:30 pm

Open
A-L Only

Thursdays

1 pm – 4 pm
6:30 pm – 8:30 pm

Open
M-Z Only

Fridays

1 pm – 4 pm

Open

Interview with Ms.

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Interview with Ms.

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Interview with Sgt.

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ABA, INS DETENTION STANDARDS: VOLUNTEER ATTORNEY GUIDE, p. 13-14.

Id.

and Sgt.

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Saturdays

9 am – 11 am
1 pm – 4 pm

A-F Only
G-L Only

Sundays

9 am – 11 am
1 pm – 4 pm

M-R Only
S-Z Only

As observed during our visit, this schedule is posted in each housing area.
Visitation at the facility can take one of two forms. First, visits can take place in a large
visiting room in which detainees and visitors sit on opposite sides of a long table with a foot-high
wooden barrier between them to prevent any touching. Physical contact during these visits is
strictly prohibited. Not even an embrace, kiss or handshake is permitted. 16 Up to three visitors
are allowed to meet with a detainee at one time. According to facility officials, these visits can
last up to one hour. 17
Visits may also take place in small cubicles separate from the general visiting area. In
these rooms, a detainee sits at a counter opposite his visitor, separated entirely by a plexiglass
pane. The detainee and visitor speak through a telephone. These rooms are called the “phone
booths” and permit no contact. Detainees relegated to segregation are allowed only this type of
visitation. 18 Minor children are permitted to visit with detainees.
The Middlesex facility has implemented some of the Standards for visitation during
detention. For instance, the hours and frequency of visitation are within permissible range and
are clearly conveyed to detainees in their housing units. Procedures for allowing children to visit,
and for visitation during a detainee’s period in segregation are also consistent with the
Standards. Yet, there are some areas where the facility’s visitation policy falls short of the
Standards.
First, the Standards clearly state that “[c]ontact visits should be allowed and
accommodated.” Instead, contact visits at the Middlesex facility are absolutely prohibited.
Visitors and detainees in the general visiting room are not permitted to kiss or shake hands at any
time. Visits are conducted across a plywood barrier that extends both above and below the table
where the visitor and detainee sit across from each other. Visitors in the phone booth rooms are
further separated, with a plexiglass window prohibiting any contact with the detainee.
Second, the Middlesex facility has several rules that limit visits from family and friends
in ways not mandated by the Standards. Detainees must submit a list of four potential visitors to
16

Interview with Sgt. b6, b7C This is also in contravention of the published Inmate Guidelines given to inmates and
INS detainees upon entering the Middlesex facility, which state, “you may briefly kiss or shake hands with your
visitors.”

This statement was made by Sgt. b6, b7C during the delegation’s visit. Sgt. b6, b7C at first was somewhat
confused as to the time limit, ultimately assuring us that it was one hour. Facility guidelines, as published in its
inmate handbook, indicate that visits are only to last 30 minutes.

Interview with Sgt.

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facility officials prior to visiting hours. 19 Visitors who are not listed will not be given time with
the detainee. Facility officials stated that this list may be revised at any time, but one detainee
alleged that he was not able to alter his list. 20 This contradiction seems to be indicative of an
overall lack of definitive information regarding treatment of DHS detainees. Because the
Middlesex facility does not have any printed materials that specifically relate to rules in DHS
units, many inmates either were unfamiliar with or confused about various rules and procedures.
In addition, facility officials strictly limit each visitation to three visitors for each detainee at one
time. 21 This conflicts with the Standards which proscribe any “limitation on the number of
visitors per detainee.” At least two detainees said during our interviews that family members
who were not on their visitors list were turned away. Apparently, lawyers or other legal
representatives do not have to be listed in order to see an inmate. DHS officials did indicate that
lawyers may be asked to present a G-28 form for identification purposes. 22

iii.

Visitation by the News Media

The Standards require that detainees be permitted to meet with members of the news
media while detained. Media representatives must request a visit in writing, and the DHS must
promptly respond to such requests. Furthermore, permission for media visits must not be
unreasonably withheld, and DHS officials must not interfere with the interview once granted.
Detainees must give written consent to a media interview before it will be allowed. 23
The Inmate Guidelines 24 distributed by the facility to detainees contains no information
about media visits, 25 although officials suggest that media visits are accommodated, though
predicated on the detainee’s express consent. 26

Telephone Access

The Standards require that detainees be allowed to make free phone calls to various
parties, including consulates, legal aid services, courts and government offices, and to family
members in the case of personal emergencies. Detainees must request permission to make these
calls from a facility official, and the request must be accommodated within eight waking hours.
Additionally, DHS facilities are required to provide access to at least one telephone for every 25
19

Interviews with Mr.

Interview with detainee.

Interviews with Ms.

Interview with Mr.

For rules regarding media visits, see ABA, INS DETENTION STANDARDS: VOLUNTEER ATTORNEY GUIDE 14.

See Section VIII, below.

See MIDDLESEX COUNTY DEPARTMENT OF ADULT CORRECTIONS, CORRECTION CENTER INMATE GUIDELINES 2,
revised September 2000.

Interview with Mr.

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, various detainees.

Sgt.

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and various detainees.

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detainees to use to make collect calls. Use of these phones should incorporate multilingual
instruction, at least 20 minutes of uninterrupted conversation and “reasonable rates.” In addition,
a list of pro bono agencies must be posted by each phone. Finally, detainees must be allowed to
discuss their cases with their lawyers “in a private environment without interruption or cut-offs.”
Telephone access at the Middlesex facility is a serious problem. Although there are
enough telephones installed to satisfy the Standards (six phones in the H-Unit for 130 detainees;
four phones in the A-Unit for 96 detainees), their use is extremely cost-prohibitive. Collect calls
through these telephones cost about $0.75 per minute, with a $2 connection charge for calls
within New Jersey and a nearly $5 connection charge for calls outside New Jersey. The most
frequent complaint from the detainees whom the delegation interviewed was the high cost of
telephone calls. Many families will refuse to accept the calls made by their loved ones because
the cost is too high. Also, several of the detainees interviewed claimed that their phone calls were
automatically disconnected after 20 minutes or whenever they spoke about conditions in the
facility, implying that calls are monitored.
The Middlesex facility also lacks adequate resources for facilitating the free phone calls
mandated by the Standards. Currently, free phone calls cannot be made from the public
telephones in each housing unit. Instead, the social worker assigned to the DHS detainees must
facilitate each phone call by bringing each detainee into her private office and dialing their calls
using a calling code. The social worker, however, visits the facility for a short amount of time
each week. 27 Many detainees request her help in making phone calls during her visit, but only a
handful are able to make the calls given the logistical constraints. 28 We were advised that the
facility had plans to arrange to have the telephones at the DHS units linked to an “800” line that
would permit free telephone calls. There was no indication when this plan would be
implemented.
Generally speaking, the detainees find it nearly impossible to make free phone calls from
the Middlesex facility. In addition to the social worker’s limited availability, a detainee may not
be able to reach the other party when he finally has an opportunity to make a free call. Although
detainees should not have to resort to making collect calls to lawyers and DHS officials, those
who do claimed that these efforts were often equally fruitless. Most lawyers will not pay for
collect calls, and government and pro bono agencies often have policies of not accepting collect
calls. 29

Group Presentations on Legal Rights

The Standards provide that lawyers and non-profit legal services organizations must have
access to DHS detainees in order to provide group presentations on detainees’ legal rights.
27

Furthermore, during the delegation’s visit, we were told that the social worker was on vacation and would be
absent for several weeks. No arrangements were made for a temporary replacement of these services.

Interviews with detainees.

These presenters should request permission in advance, and should receive at least one hour of
uninterrupted time in which to make the presentation. Similarly, presenters can request to have a
private meeting with up to 3 detainees to discuss their cases. According to the Standards, an
informational poster alerting detainees to the presentation should be in place 48 hours in advance
of the presentation. Other information, like agency-provided rights videos, should be made
available to detainees upon request.
According to facility officials, non-profit groups are regularly allowed to make
presentations to detainees, although those groups often give only 24 hours or less of notice to the
facility. 30 The presentations are made within the self-contained housing units, thus issues of
notice and sign-up information are less relevant because the detainees are well aware of
presentations and can access them without difficulty.
In speaking with detainees, however, the delegation learned that rights presentations at
the facility are infrequent. According to some, there are no presentations per se, but just days in
which legal aid lawyers visit the housing unit and offer to speak with individual detainees about
their cases. 31

Access to Legal Materials

The Standards dictate specific requirements for each detention facility with respect to
access to legal materials. At a minimum, the Standards require that detainees have access to a
law library for a minimum of one hour a day, seven days a week. 32 The law library must have
adequate space to accommodate the detainees’ writing and research, and one typewriter or
computer should be available for every 5 detainees. Facilities must provide for detainees to
make copies of legal documents as required for court filings and must provide envelopes and
stamps free of charge to indigent detainees corresponding with lawyers or courts. Finally, the
DHS promulgated a list of legal materials that every DHS law library should contain.
The Middlesex facility has a law library that serves both the general inmate population
and the DHS detainees. Although the delegation did not have the opportunity to confirm every
title, the library appeared to satisfy Standards for its collection of legal materials. Furthermore,
the facility employs a full-time law librarian who assists detainees in finding legal materials and
pulling cases via Westlaw’s online research service. 33 This research is free of charge to

Interviews with Ms.

Interviews with detainees.

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and Sgt.

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A separate, earlier, INS standard requires that detainees enjoy only 5 hours of library time per week. See INS
Detention Standards: Access to Legal Materials, available at http://www.immigration.gov/graphics/
lawregs/legal.pdf.
33

Interviews with Ms.

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and detainees.

detainees, although we received conflicting information about whether indigent detainees can
make free copies. 34
Detainees at the Middlesex facility have the opportunity to use one of three typewriters in
the law library; there is also one typewriter and one computer in the H-Unit and one computer
for research purposes in the A-Unit. Detainees are able to help each other prepare filings,
especially those who are not proficient in English.
The only major problem with the detainees’ access to legal materials was the infrequency
of authorized visits to the law library. While facility officials implied that library access was
available daily, detainees reported that visits for each of the two DHS housing units are only
scheduled for one hour, two to three times per week. 35 Furthermore, only ten detainees are
allowed to visit the library during this scheduled visit, and are accommodated on a first comefirst served basis. 36 This is contrary to the Standards and was a source of frustration for a
number of the detainees we interviewed.

VI.

Other General Observations Unrelated to the Legal Access Standards
A.

Correspondence and Other Mail

The Standards govern the treatment of detainees’ incoming and outgoing mail. DHS
facilities are required to provide detainees with unlimited paper and envelopes for personal
correspondence. They are also required to provide stamps free of charge, sufficient to permit
three pieces of general correspondence and five pieces of legal mail each week.
Both incoming and outgoing mail is subject to inspection at DHS detention centers.
Incoming general correspondence and packages are searched for contraband and can be read at
random. Incoming legal mail and other special correspondence can be inspected for contraband,
but cannot be read. Outgoing legal mail cannot be inspected. All incoming mail must be
distributed within 24 hours and outgoing mail must be sent out within 24 hours. 37
Officials at the Middlesex facility seem to be accommodating these Standards. Paper,
pens and envelopes are readily accessed by detainees and seem to be in no short supply.
Incoming general mail is inspected in a mail room designed for the entire facility and delivered

According to interviews with detainees, the librarian charges $0.10 per copy. Although the INS Standards say
that facilities “must make copies of detainees’ legal documents as required for court filings,” they do not specifically
address whether indigent detainees should receive these copies free of charge. Detainees told the delegation that the
librarian does give free copies to some detainees who explain their indigence, but that others similarly situated are
unable to receive free copies.
35

Interviews with detainees.

Id.

to the detainees within 24 hours of receipt. 38 Each detainee is allotted complimentary postage
sufficient for three pieces of personal mail and five pieces of legal mail. 39 Detainees interviewed
by the delegation did not report problems with either sending or receiving mail.
B.

Detainee Grievance Procedures

The Standards provide that each facility must develop standard operating procedures for
addressing grievances and must guarantee against reprisals. A formal procedure should be in
place for a detainee to present his concern to any staff member at any time. Furthermore, a
detainee should be given the opportunity to present his grievance informally before a facility
official within five days of the incident giving rise to the grievance. Translation assistance
should be given to non-English speaking detainees seeking to file grievances. 40
Grievance procedures at the Middlesex appear to follow two paths. Complaints may
either be lodged with the Middlesex facility management or with local DHS officials. Neither of
these forms of redress are outlined clearly for detainees. The Inmate Guidelines state that “all
grievances and problems should be presented through the chain of command.” 41 Inmates are
instructed to discuss a problem with their counselor or officer, sergeant or lieutenant, and may
subsequently present the issue to the Warden in writing. 42
Detainees and facility officials told the delegation that detainees are instructed to write
their grievances on a piece of paper and place them in the appropriate box in the housing units.
Although there may be a formal procedure for responses to such complaints, one detainee
claimed to have filed –12 to 15 complaints and had only received a handful of replies. 43 One
inmate alleged that he handed a written grievance concerning a shirt lost in the laundry to
cellblock guard. The guard, in turn, tore up the grievance in front of the inmate and discarded it.
The inmate complained to the warden, and eventually got a new shirt. Other detainees reported
that they experienced reprisals after making complaints.

Detainee Handbook

The Standards provide for handbooks to “be distributed to each detainee upon their
admission to any facility in which they will be detained for more than 72 hours.” Handbooks
should be available in languages other than English or translators should be available to help

Interview with Ms.

Id.

MIDDLESEX COUNTY DEPARTMENT OF ADULT CORRECTIONS, CORRECTION CENTER INMATE GUIDELINES.

Id.

b6, b7C

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interview. Similarly, another detainee indicated that his request for a change to vegetarian diet was not
addressed for several weeks, after which he received only a form letter stating that his request was being
b6
considered. To date his request has not been fulfilled. Ms.
notes.

read the detainee handbook. The purpose of the handbook is to acclimate a detainee to his or her
new institution and to serve as a ready reference for standard operating procedures at the facility.
The Standards include a sample format to which “every detention handbook will conform.” 44
Although the Middlesex facility began receiving DHS detainees in January 2002, the
facility’s Inmate Guidelines handbook was last revised September 2000. In addition, the book
applies to the general inmate population and does not specifically address the issues that pertain
to DHS detainees, or the distinction between their status and that of inmates in the general
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population. According to
Director of Rehabilitative Services at Middlesex, a
new edition of the handbook will be issued as early as 2004 and that edition should include a
section regarding DHS detainees. The “Correction Center Inmate Guidelines” handbook is
printed in both English and Spanish though the delegation was only provided with an English
version.
Most significantly, at least one detainee interviewed asserted that he never received a
handbook. 45 At Middlesex, a detainee is supposed to confirm receipt of a handbook by signing
for it upon admission.

Access to Medical Care

The Standards state a broad policy that detainees shall have access to health care
facilities and shall receive “an initial medical screening, primary medical care, routine dentalcheck-ups, and emergency care.” The Middlesex facility has a dedicated medical wing separate
from the housing units, which is used by the general inmate population as well as DHS detainees.
The medical unit has ten beds for medical observation where patients are monitored by nurses
and guards every 15 minutes. Mental health care services are also provided onsite in the medical
unit.
i.

General Access to Health Care

The Inmate Guidelines state that “nursing staff will be on duty seven days a week” and a
doctor will visit the institution regularly to meet individual needs. 46 Detainees receive a physical
examination when they are admitted to the institution. 47 If a detainee has a medical problem, he
“can submit a request to see a Member of the Medical department.” 48 A nurse makes
medication rounds three or four times a day. During this time, the nurse dispenses any regularly
administered medication; she may also accept forms on which detainees request to see the
doctor. One detainee complained that medical needs are not always addressed in a timely

44
45

<http://www.immigration.gov/graphics/lawsregs/handbk.pdf>.
b6, b7C

interview.

MIDDLESEX COUNTY DEPARTMENT OF ADULT CORRECTIONS, CORRECTION CENTER INMATE GUIDELINES 16.

Id.

manner. He claimed that detainees must submit formal written requests to see the doctor if they
have simple problems such as a headache. 49 Three to four days may pass before a detainee sees
a doctor or nurse who can dispense the medicine (nurses making rounds are only administering
previously-prescribed medicine). 50 By this time the headache has passed. Although aspirin is
available for purchase from the commissary, this delayed response raises questions about the
adequacy of access to health care at the facility.
In emergency medical situations, the Middlesex detainees must inform their unit officer.
All urgent illnesses should be reported immediately to an officer or staff member. 51 If the
complaint is thought to be legitimate, an emergency medical team will rush to the detainee’s
location.
The facility charges a $10.00 co-payment for medical or dental services. 52 Medical
services are not denied for lack of a co-payment but a detainee’s commissary account is charged
for the payment. If money is later deposited in the account, the negative balance is adjusted. 53
The intake physical exam and mental health screening, follow-up visits requested by medical
staff, laboratory work and x-rays, and public health medical services do not require copayments. 54
ii.

Dental Treatment

The Middlesex facility has the capacity to provide dental care and, according to officials,
a dentist comes to the facility on a regular basis. The Inmate Handbook notes that “dental
facilities are available especially for emergencies and extractions.” One detainee reported that
no routine dental care was available. 55
iii.

Privacy and Consent

The Standards provide that “signed and dated consent forms should be obtained from a
detainee before medical examination or treatment unless in emergency circumstances.” At
Middlesex, inmates sign general consent forms for all medical care when they are admitted to the
facility.
The Standards also state that a translation service should be provided for detainees
seeking medical attention. Officers in the medical unit were familiar with the Language Line
service but there was no telephone for that purpose in the treatment rooms of the medical unit. If
49

Inmate interview.

Id.

MIDDLESEX COUNTY DEPARTMENT OF ADULT CORRECTIONS, CORRECTION CENTER INMATE GUIDELINES 16.

Id.

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interview.

a detainee needs to use the Language Line, he must sit in a filing office down the hall from the
unit’s treatment rooms.
iv.

Hunger Strike

The Standards require that each detention center have procedures and staff qualified to
address hunger strikes. Upon declaring a hunger strike, the facility officials must check the
striker’s mental and vital signs at least once every 24 hours. Furthermore, the facility “should do
everything within [its] means to monitor and protect the health and welfare of detainees on
hunger strike.”
The medical unit at Middlesex can handle hunger strikers as recommended by the
Standards. According to one official, a detainee who declares a hunger strike is monitored after
he has missed nine consecutive meals. After some time passes, the detainee is moved from the
housing unit to the medical unit where his vital signs can be monitored more frequently.
Middlesex has not had significant problems with hunger strikers. 56
v.

HIV

The Standards suggest that detainees exhibiting signs of HIV infection should not be
removed from the general detainee population unless medically required.
It appears that the Middlesex facility has implemented this Standard. One detainee
interviewed is HIV-positive and reported that he was not segregated, ostracized or otherwise
harassed because of his condition. 57 In fact, he described an overall positive response among the
housing unit detainees and facility officials.
HIV testing is only done by request or because of medical indications, but not as a
general policy. In both cases, results are kept strictly confidential. The only public health test
done on a routine basis it the tuberculosis test given during a medical intake exam.
Although there does not appear to be open stigmatization of HIV-positive detainees at the
Middlesex facility, concerns remain nonetheless. The one HIV-positive detainee interviewed
detailed serious health problems and a recurring frustration with getting his medical needs met
while in detention. 58 This detainee waited three months to see an infectious disease specialist
(the individuals has both HIV and hepatitis, and has severe liver problems), despite repeated
pleas to facility officials. 59 After he saw the specialist and scheduled return visits, the nurse
administrator at the Middlesex facility interfered with them, contrary to the specialist’s direct
orders. Furthermore, the detainee indicated that he spends several days each month without

Interview with Ms.

Interview with detainee.

Id.

b6, b7C

medication because the officials at Middlesex do not order his refills in sufficient time to avoid
delay. 60

Disciplinary Procedures

The Standards specify that rules of conduct and disciplinary sanctions should be posted
in English, Spanish, and/or other languages spoken by significant numbers of detainees.
Although we were informed by the sergeant that the rules of conduct were posted in English in
each cell block, we did not see these postings. Some of the documents that were posted in the
cell blocks, (such as laundry schedules and visitation schedules) had handwritten translations in
the margins, done by the inmates themselves.
The Inmate Guidelines describe the facility’s disciplinary procedures. The booklet
consists of an exhaustive list of “Inmate Prohibited Acts” divided into “major” and “minor”
violations. For example:
•

“Major” violations, such as killing, assaulting any person with a weapon, hostage taking,
escape, and sexual assault, are referred formally to the Disciplinary Committee for a
hearing.

•

“Minor” violations, such as engaging in sexual acts with others, damaging government
property, malingering, and failure to keep a scheduled appointment with medical, dental
or other professional staff, may be handled informally through the “On-The-Spot
Corrections” procedures listed in the book.

The Inmate Guidelines list two separate categories of punishment: 1) punishments
resulting from a Disciplinary Committee hearing, and 2) punishments resulting from “on-thespot corrections.” Punishments resulting from a disciplinary hearing range anywhere from up to
15 days disciplinary detention, loss of commutation time / good subject time, loss of privileges
for up to 30 days, restitution, etc. At the discretion of the Disciplinary Board, these punishments
may be increased to 60 days, with or without extra conditions such as non-contact visits.
Punishments resulting from “on-the-spot corrections” include verbal reprimand, loss of
recreation privileges for up to five days, up to four hours of confinement in inmate’s cell, extra
work assignments for up to four hours, and a written warning.
Although the Middlesex booklet outlines many types of prohibited conduct and
corresponding punishments, it fails to adequately describe the realities of the disciplinary system
at the Middlesex County correctional facility for DHS detainees. Through discussions with
various guards and interviews with several detainees, we learned that the scope of actual “on-thespot corrections” punishments extended far beyond the description in the book, and overlapped
significantly with the punishments that should only result from a disciplinary committee hearing.

Id.

Although the Standards specify that the disciplinary system should not allow for
deprivation of physical exercise, Middlesex guards informed us that if inmates are not diligent in
their duties to maintain a clean cellblock, the guard in charge of the cellblock can and will deny
daily exercise to the entire cellblock. Furthermore, although the Standards specify that the
disciplinary system should not allow for deprivation of personal hygiene projects, the inmates we
interviewed overwhelmingly indicated that they had to share individual bars of soap with their
cellmates, were limited to one roll of free toilet paper per week, and were not issued toothpaste
but had to purchase it with their own money from the commissary. One inmate said that the soap
and toilet paper policy had changed within two weeks of our visit allowing each inmate to have
his own soap and more toilet paper.
One detainee alleged that he was put into disciplinary detention for 30 days because he
refused to go into the exercise yard 61 during the time he was scheduled to appear in court. After
being placed in disciplinary detention, he was permitted to appear in court, but alleged that he
was forced to leave his case file in his cell and therefore appeared without his documents. The
Immigration Judge granted him an extension and he was then returned to disciplinary detention
to serve out his 30 days. The detainee alleged that during this detention, his “one hour per day”
of recreation outside of the disciplinary unit was given to him at 3 a.m. every day, that he was
actually granted only 30 minutes of time outside of the unit, and that he was forced to shower
during that time.

Recreation

The Standards require that detainees have daily recreation for at least one hour daily.
Detainees should be placed in facilities that provide outdoor recreation. If the facility does not
have an outdoor area, a large recreation room with exercise equipment and access to sunlight
must be provided. Detainees must not be forced to choose between basic law library privileges
and recreation time. In addition, detainees in segregation for disciplinary or administrative
purposes should receive recreation separate from the general population for one hour each day as
long as safety and security concerns do not conflict.
The Middlesex facility provides both outdoor and indoor recreation for detainees.
Detainees in the less restrictive A-Block have free access to an adjoining outdoor recreation area,
which is essentially a paved half basketball court. Detainees in this housing unit may use this
area at will (weather and safety permitting). Detainees in the more secure H-Block have
recreation time scheduled daily either indoors or outdoors depending on the weather. The entire
housing unit must take recreation simultaneously and in the same place. The indoor facility
consists of a room with free weights and weightlifting machines, and a half-court gymnasium
with sufficient windows. According to facility personnel, detainees in segregation receive daily
recreation time separate from the other inmates. Although the Standards state that detainees
should not have to choose between recreation time and other privileges, one Middlesex detainee
said that while in segregation he received only one-half an hour of recreation time, which was
also the only time given to him to bathe.
61

See photocopy of Disciplinary Report – Inmates’ Copy, dated 5/9/03. Exhibit A.

Religious Practices

The Standards state that “detainees shall have the opportunity to engage in practices of
their religious faith that are deemed essential by the faith’s judicatory, consistent with the safety,
security, and the orderly operation of the facility.” A chaplain or designated individual should be
responsible for managing religious activities in the facility and should make arrangements to
provide pastoral care and counseling even if religious service providers from outside the facility
are requested. Representatives and volunteers from faith groups in the community can be brought
in to the facility. Each facility should have a designated area for religious services and must
permit detainees to participate in group religious observance. Schedules for the various services
must be clearly posted. Detainees may keep specified religious items among their personal
belongings and religious and dietary requirements should be accommodated.
According to facility officials, the majority of the DHS detainees at the Middlesex facility
belong to either the Christian or Muslim religions, although other faiths and non-religious people
do comprise part of the population. Facility officials said that most religious activities for
detainees are led by representatives from local religious non-profit organizations. Detainees are
able to participate in group religious services and one room in the A-Block appeared to be
designated for that purpose. One detainee from the H-Block claimed that weekly group services
are limited to ten participants each week. Detainees who do not make it on the list for a particular
week are excluded.

Conclusion

Overall, the visit to the Middlesex facility revealed a mixed record with respect to
implementation of the INS Standards. Although the facility has implemented them in many
ways, the areas in which it falls short, namely phone and legal access and communication of
rules to detainees, are arguably areas in which it is most critical to have complete implementation
and accountability. A revised set of Inmate Guidelines that addresses issues specific to DHS
detainees may be a step forward. But distribution and translation of this booklet is necessary. In
addition, access to free phone calls to legal organizations and representatives was severely
limited at Middlesex. The cost of making collect calls (the only method available to detainees to
call friends and family) also prevents many detainees from exercising their rights to telephone
communication.

EXHIBIT A