Federal Performance-Based Detention Standards

February 2007

( Click here for the entire publication in PDF format )

Purpose of the Federal Performance-Based Detention Standards

The Performance-Based Detention Standards is based on the American Correctional Association Standards, and will be used to review non-federal facilities that house federal detainees, and to ensure these facilities are safe, humane, and protect detainee’s statutory and constitutional rights.
The Performance-Based Detention Standards is an aid for Subject Matter Experts designed to support the Government Contract Quality Assurance Program. The Performance Based Standards review book provides Subject Matter Experts with direction on making assessments based on detention standards developed by the Department of Justice (DOJ) and Department of Homeland Security, Immigration and Customs Enforcement (DHS/ICE). The Performance-Based Detention Standards Review Book focuses on the five following review elements:

1. Review Guidelines: Detention Standards developed by the DOJ and DHS/ICE for the safe and humane confinement of federal detainees which uphold the protection of statutory and constitutional rights. The detention standards are divided into eleven (9) functional areas encompassing 58 different elements (see index, pages 1-3) by relevance. Each detention standard contains a title and defining statement.



2. American Correctional Association (ACA) Adult Local Detention Facility (ALDF) standards: The standards have been cross-referenced with, and fully meet or exceed the requirements of, the ACA ALDF standards.



3. Immigration Customs and Enforcement (ICE) Standards: At the request of ICE staff, five (5) ICE Standards have been incorporated into the Performance-Based Detention Standards in their entirety and have been attached to the section corresponding with the appropriate detention standard. All references to the former Immigration and Naturalization Service (INS) heretofore shall be referred to as ICE.



4. On-site Assessment Items: Following each detention standard is a series of items designed to help Subject Matter Experts in asking questions and seeking out pertinent information for making assessments.



5. Review Checklist: Following each series of On-site Assessment Items is a table containing a varying number of checklist items. The Review Checklist is designed to provide guidance in the form of checklist items that Subject Matter Experts can reference during the on-site facility reviews. For example, if a detention standard requires that the Facility Director provides medical, dental, and mental health screening as part of the intake process, the corresponding review checklist item will detail what is generally included in a screening, so as to assist the Subject Matter Expert in determining if the detention standard is being met.

Review Checklist items ask:

• Does a policy exist?
• Is the policy effective?
• Is the policy being implemented successfully?
• Is the desired outcome being achieved?

Criteria for Checklist Development

To create a thorough a review program, the following criteria have been established as requirements for the Checklist portion of the Performance-Based Detention Standards:

• Simple
• Vocabulary and technical terms will be clear and specific.
• The facility director will be able to perform a self-assessment of the facility based on the checklist.



• Trained Subject Matter Experts will be comfortable using the checklist.



• Scaleable and flexible. The Checklist will be applicable to all facilities, regardless of size, location, or management style.



• Consistent



• The Checklist will be applied similarly to each facility
• Trained Subject Matter Experts will understand the meaning of each checklist, regardless of background experience.



• Efficient. A Subject Matter Expert for each discipline group will be able to perform a facility review based on his or her specific module checklist within three to five working days.

General Guidance for Reviewers: Policy Communication and Review

Interview Executive Staff, department heads and supervisors to ask how policies and procedures are communicated to staff and detainees.

Verify that information is available via that means of communication (e.g., policy manuals, orientation, procedures, legal standards).

Check training curricula to determine the extent to which staff training addresses the relevant policies and procedures.

Interview random correctional staff and detainees to determine the extent of their familiarity with the relevant policies and procedures.

Review policies and procedures to determine whether there is an indication of regular (at least annual) review and revision.

Index to Federal Performance-Based Detention Standards Review Book

1. ADMINISTRATION AND MANAGEMENT
2. HEALTH CARE
3. SECURITY AND CONTROL
4. FOOD SERVICE
5. STAFF/DETAINEE COMMUNICATION
6. SAFETY AND SANITATION
7. SERVICES AND PROGRAMS
8. WORKFORCE INTEGRITY
9. DETAINEE DISCRIMINATION
10. KEY FUNCTIONAL AREAS