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Performance Based National Detention Standards Frequently Asked Questions
Q: What is the difference between the 2000 NDS and the 2008 PBNDS?
A: The National Detention Standards (NDS) were originally issued in September 2000 to facilitate consistent conditions of confinement, access to legal representation, and safe and secure operations across the former Immigration and Naturalization Service’s immigration detention system. The standards established consistency of program operations and management expectations, accountability for non-compliance, and a culture of professionalism. They were based on policy and procedures and focus solely on what was to be done. U.S. Immigration and Customs Enforcement (ICE) spent the last eighteen months reviewing the INS standards and redrafted them into a performance based format. Performance Based National Detention Standards (PBNDS) start with a focus on the results or outcomes the required procedures are expected to accomplish. Thus, the expected outcomes each detention standard is intended to produce are stated, rather than assumed, and the prescribed expected practices represent what is to be done to accomplish those expected outcomes.
Currently, there are 38 NDS in use. The initial 36 standards were developed and implemented in September 2000. Since that time, two standards were added. The new PBNDS are comprised of 41 standards, four of which are new including: News Media Interviews and Tours (formerly part of Visitation), Searches of Detainees, Sexual Abuse and Assault Prevention and Intervention, and Staff Training. The 2008 PBNDS represent a natural progression and build upon the 2000 NDS.
Q: Why did ICE re-write the NDS into a Performance Based format?
A: Issuance of performance based standards is consistent with industry standard. In June 2004, the American Correctional Association (ACA) issued its 4th Edition Performance-Based Standards for Adult Local Detention Facilities (ALDF), and the Detention Management Division subsequently began revising the Detention Standards to more fully integrate them with those “industry standards.” Part of that integration was a new performance based format and recategorization of the adult detention standards under the seven goals of Safety, Security, Order, Care, Programs and Activity, Justice, and Administration and Management to coincide with the associated ACA Performance Standards. ICE previously informed the DHS Office of Inspector General, GAO, and Members of Congress that it intends to issue performance based standards this year.
Q: What are Performance Based Standards?
A: Performance Based Standards focus on the results or outcomes that the procedures are expected to accomplish. The expected outcomes of each PBNDS are clearly stated in the standard.
Q: What is "Performance-Based"?
A: Unlike "policy and procedures" that focus solely on what is to be done, performance-based policy starts with a focus on the results or outcomes the required procedures are expected to accomplish. Much like strategic planning, each detention standard is intended to produce expected outcomes that are clearly stated, rather than merely assumed.
Expected practices represent what is to be done to accomplish the expected outcomes that will meet the purpose and scope of the detention standard.
Outcome measures (indicators) are what ICE will examine to know whether (or how well) what we are doing is producing the outcomes we expected.
Q: When does ICE plan to inspect my facility using the PBNDS?
A: Please refer to the Implementation Plan Timeline.
Q:What happens if my facility does not fully meet the PBNDS?
A: ICE will work closely with facilities on the requirements of the PBNDS. In addition, Field Officer Directors will also reach out to discuss the transition to the new standards. Any of the ICE Compliance Reviewers (Nakamoto Group) working at your facility are available to assist during the transition.
Q: What is the process for my facility to receive reimbursement for the cost of implementing the PBNDS?
A: After extensive review and analysis of the new PBNDS, ICE does not expect a material impact on costs. However, in the event a detention facility operator feels there is a cost impact associated with implementation after assessing the new standards, they would prepare a Request for Equitable Adjustment (REA) and submit it to the Contracting Officer. The REA would then be reviewed for merit by both DRO headquarters and field personnel. Once the review process is completed the Contracting Officer will negotiate a fair and reasonable price with the facility operator to implement the standard(s).
Q: What happens if my facility does not meet one of the mandatory components of the inspection process?
A: If during an inspection a mandatory component is found non-compliant, the facility will be advised of the specific area of non-compliance and will be required to submit a plan identifying corrective action. If such corrective action is taken within the agreed upon time-frame, the facility will be deemed in compliance with the specific mandatory component. ICE fully expects all facilities will be able to meet the mandatory components of the PBNDS since they relate to life safety issues. Facilities must be able to meet all mandatory components.
Q: How do I track the information required by the outcome measures?
A: Outcome Measures Worksheets will be completed by facility staff prior to arrival of the review team. Ideally, this information will be maintained on a continuous basis by the facility as part of a key indicators database to provide a perpetual record for monitoring facility performance.
Q: What if my facility does not fully meet the PBNDS, is there a waiver process for any of the component items?
A: You will need to meet 90% of the non-mandatory components and 100% of the mandatory components. Presently, there is no waiver process in place.
Q: What help can ICE give me (a warden of a county jail) to meet the PBNDS?
A: ICE is prepared to offer all the help we can. ICE’s compliance review staff is working at many of our facilities, and they are there to assist you in meeting all of our detention standards.
Q: Can ICE provide my facility with training in order to meet the standards?
A: Yes. ICE plans to make PBNDS training available to all of our facilities.
Q: What are expected outcomes?
A: The expected outcomes of each PBNDS are clearly stated in the standard itself, and they have also been incorporated into the respective worksheets. These are the results that we expect for compliance with the standard.
Q: What are outcome measures?
A: Outcome measures indicate whether (or how well) a facility’s protocols, procedures, and practices are achieving the results of the standard.
Outcome Measures (indicators) are what we will look at to know whether (or how well) what we are doing is producing the outcomes we expected.
Q: What are expected practices?
A: Each standard’s expected practices outline what is to be done to accomplish the expected outcomes that will meet the purpose and scope of that standard.
