Guam Findings Letter
The Honorable Pedro P. Tenorio
Governor of Northern Mariana Islands
Saipan, MP 96950
Re: Correctional Facilities of the Commonwealth of the Northern Mariana
Islands
Dear Governor Tenorio:
On April 10, 1998, we notified you of our intent to investigate conditions
at the Correctional Facilities of the Commonwealth of the Northern Mariana
Islands ("CNMI") pursuant to the Civil Rights of Institutionalized Persons
Act ("CRIPA"), 42 U.S.C. § 1997 et seq., and 42 U.S.C.
§ 14141. On April 22 to 24, 1998, we conducted an on-site inspection
of six CNMI facilities with expert consultants in environmental safety
and corrections: the prison on Saipan, the detention facility on Saipan,
the Kagman Youth Facility on Saipan, the immigration detention facility
on Saipan, the detention facility on Tinian, and the detention facility
on Rota. In addition to our on-site inspections, our investigation included
interviews with facility staff, prisoners, and detainees. We also reviewed
various documents, including policies and procedures, booking records,
incident reports, and medical records. Consistent with the statutory requirements
of CRIPA, we write to advise you of the findings of our investigation.
As an initial matter, we commend the staff of the Attorney General's
office and the facilities we inspected for their professional conduct throughout
the course of the investigation. These individuals have cooperated fully
with our investigation and have provided us with substantial assistance.
Based on our investigation, and as described more fully below, we conclude
that certain conditions at the facilities we investigated violate the constitutional
rights of convicted inmates, pretrial detainees, and juveniles. More specifically,
we find that persons confined in these facilities risk serious injury or
death from deficient fire safety, unhealthy and insanitary conditions of
confinement, and deficient security and protection from harm.
Notwithstanding these serious deficiencies, there are several positive
and noteworthy aspects to the operations of these facilities. First, their
staffs are committed and professional. They openly discussed operations
of their facilities, frequently asked insightful questions, and expressed
a willingness to correct any deficiencies. Second, at the Kagman juvenile
facility, our review of records indicated that staff develop and act on
basic and critical information collected through their contact with the
juvenile detainees. This facility also had a good policies and procedures
manual and well maintained and completed admissions forms, incident reports,
log books, and other files. Finally, you and the CNMI officials with whom
we met, many of whom are newly appointed to their positions, have pledged
to support remedying deficient conditions at these facilities.
I. LEGAL FRAMEWORK
The constitutional law governing conditions of confinement for inmates
and juveniles has two sources: the Eighth and Fourteenth Amendments. With
respect to prisoners who have been convicted of criminal offenses, the
Eighth Amendment's ban on cruel and unusual punishment governs all aspects
of conditions discussed here. The Eighth Amendment "imposes duties on [prison]
officials, who must provide humane conditions of confinement; prison officials
must ensure that inmates receive adequate food, clothing, shelter, and
medical care." Farmer v. Brennan, 511 U.S. 825, 832 (1994).
Pretrial detainees "retain at least those constitutional rights . . . enjoyed
by convicted prisoners." Bell v. Wolfish, 441 U.S. 520, 545
(1979). With respect to pretrial detainees, the Fourteenth Amendment prohibits
conditions or practices not reasonably related to the legitimate governmental
objectives of safety, order, and security. Id. Pretrial detainees
have not been convicted and, therefore, may not be punished.
Further, detained children have constitutional rights to adequate shelter,
medical care, mental health treatment, and protection from harm. See
Youngberg v. Romeo, 457 U.S. 307, 315, 324 (1982). In addition,
rehabilitative treatment must be provided. Gary H. v. Hegstrom,
831 F.2d 1430 (9th Cir. 1987);
Alexander S. v. Boyd, 876
F.Supp. 773, 796 (D.S.C. 1995).
II. SAIPAN PRISON AND DETENTION COMPLEX
The Saipan prison is a multi-building complex of single-level buildings
with varying housing configurations. The primary housing unit consists
of three cellblocks: Cellblock A has 16 two-person cells holding 29 prisoners
and one pretrial detainee; Cellblock B contains five two-person cells holding
five prisoners; Cellblock C contains three two-person cells holding five
prisoners and one pretrial detainee. Each cellblock has adjoining day space
with access to outdoor recreation areas. Cell doors are routinely left
open during waking hours. The facility also has a segregation housing unit
consisting of eight cells. On the day of our inspection, this facility
housed six pretrial detainees. Women are housed in a Female Unit with a
capacity for eight inmates, although only two were confined there on the
day of our inspection. Finally, the prison has a halfway house housing
25 inmates in a spatially dense and crowded wood frame building outside
of the main prison compound.
The Saipan detention facility consists of an antiquated building attached
to the main prison complex. This facility has a single multi-bed holding
cell and an L-shaped corridor of double-bunk cells without sinks or toilets.
A. Fire Safety: Lack of adequate fire safety protections and
training is threatening the lives of the prisoners and detainees and violating
their constitutional rights. The prison and detention facility lack fire
alarms, smoke detectors, and sprinklers. Exits are not marked with signs.
The mattresses are polyurethane foam, which gives off toxic gasses when
burned, and not fire-resistant. The facilities lack an intercom system
to alert staff, prisoners, or detainees of emergencies. The facilities
also lack a generator to provide emergency power.
Cells are keyed with individual locks without common keys. This is particularly
dangerous in the jail where detainees are confined to their cells. One
jail cell was secured with a pair of handcuffs. Likewise, egress doors
are also individually keyed. And, not all egress doors can be opened from
the outside; some egress doors are double locked with bolts that can only
be opened from the inside of the building. In the event of a fire, prisoners
and detainees could suffer serious injury or death due to delays in opening
cell and egress doors to evacuate the prisoners and detainees. This risk
is increased by the fact that staff lack necessary evacuation equipment
such as self-contained breathing apparatus that would permit staff to enter
a smoke-filled room and rescue prisoners or detainees.
Once evacuated from the building, prisoners and detainees cannot get
sufficiently far away from the buildings that they could escape injury
from the burning or smoking structure. In some instances, locking gates
prevent prisoners and detainees from seeking safe refuge at least fifty
feet from the building. In other instances, the perimeter fence is too
close to the building to permit an appropriate refuge area.
Nor are staff properly trained for a fire emergency. Staff do not receive
fire safety training nor do they conduct fire drills. The prison and detention
facility lack an adequate emergency operations plan.
Of particular concern is the wood structure currently used as a halfway
house. This structure lacks a fire alarm and smoke detector system, is
unsprinkled, overcrowded, and has a high combustible load of sheets, towels,
and personal items. Numerous fans and other electrical equipment have exposed
live wires, and extension cords web the overhead spaces and floors. The
emergency lights do not work. Prisoners are allowed to smoke in this building.
This halfway house presents a very serious risk of injury or death from
fire.
B. Electrical Safety: Electrical hazards are threatening the
lives of prisoners and detainees and violating their constitutional rights.
Our investigation revealed numerous exposed electrical contacts on light
fixtures and ceiling fans. Such contacts could shock individuals or start
a fire. Live electrical wires are wrapped around window bars. Many light
fixtures have exposed bulbs. The facility is laced with worn electrical
wires and extension cords that are unprotected and unsecured. The facilities'
main electrical panel lacks a cover, thereby exposing the contacts therein
to accidental contact and shock hazard. This panel had several "thrown"
breakers, and has suffered water damage. Cellblock C has a surface mounted
electrical wire within the shower area. There is an open ground in the
outlet near the sink in the rear of the halfway house.
C. Health and Sanitation: Poor sanitation threatens the health
of prisoners and detainees. Many toilets and sinks lack running water and
prisoners and detainees must draw water from faucets into a bucket to flush
toilets and wash their hands. On the date of our visit, few if any of the
toilets would flush. Sinks and showers generally lack hot water. The showers
throughout the facility are in poor repair and covered with mold and mildew.
These unsanitary conditions are exacerbated in Cellblock A where twenty-nine
prisoner share a single shower. Faucets had hoses attached to them without
being fitted with vacuum breakers to prevent back-siphonage and contamination
of the potable water supply. In addition, inmates were sleeping on insanitary
mattresses with soiled cloth covers.
The facilities also present an unacceptable risk of transmitting contagious
diseases. They lack proper forced fresh air ventilation to remove microbes
and other possible contaminants from the air. Individuals are provided
no medical screening if they are to be detained for less than fifteen days.
Individuals are not given tuberculosis tests when they enter the facility,
and may have to wait six months for such tests. The results of the tests
that were performed indicate that the individuals in the facilities are
at risk of contracting tuberculosis: seven inmates had positive reactions
and were awaiting chest x-rays and 35 inmates were on tuberculosis treatment
regimens. Staff were also unprepared to address and prevent the spread
of blood-borne pathogens such as HIV.
In several parts of the facilities, lighting was missing or totally
inadequate. Adequate lighting is necessary to maintain hygiene, allow individuals
to safely move around the facilities, and to prevent eyestrain. Lighting
in most cells and grooming areas registered only five foot-candles, well
below the twenty foot-candles recommended by most experts. The detention
facility housing area lacks any source of artificial lighting, and therefore
is lit only by the sunlight that infiltrates through the windows and doors
during daylight hours.
D. Other Environmental Safety Deficiencies: Our investigation
found several miscellaneous environmental health deficiencies that could
result in injury to individuals confined in these facilities. Kitchen and
food service areas lack hot water for washing hands and utensils. The catering
company's refrigerator and freezer lacked thermometers, and food in the
freezer was not properly frozen. The utensils used to cook food in Cellblock
C were not properly washed and sanitized. These food service deficiencies
could result in serious injury from food poisoning.
Prescribed medications are dispensed by corrections officers who are
not trained to dispense medications, identify potential side effects, and
adequately respond should an individual suffer an adverse reaction. Medications
should be dispensed by qualified medical professionals. The facilities
also failed to provide special medical diets to individuals as ordered
by a physician.
Blade guards have been removed from many fans. This presents a risk
of injury to staff and prisoners. The facilities also lacked a pest control
program and screens on doors and windows to minimize pests such as flies
and other insects we observed in the buildings.
E. Security & Protection from Harm: The Saipan prison and
detention facility are antiquated and dilapidated. In addition to the environmental
safety concerns detailed above, the perimeter fencing is inadequate to
keep individuals confined and secure in these facilities, as several recent
escapes demonstrate. The facilities do not have video camera or intercom
surveillance, and, due to poor design of the facility, guards lack proper
sight and sound supervision of the prisoners and detainees. Prisoners and
detainees roam freely about the complex, entering the unsecured outdoor
visiting area with open access to the parking lot. These conditions promote
the possession of contraband such as drugs or weapons. This situation is
compounded by the fact that the facilities lack proper tool and utensil
control procedures; particularly for the woodworking tools in the wood
shop. The unsupervised prisoners and detainees could inflict injuries on
others.
These deficiencies are exacerbated by the fact that pretrial detainees
are not classified to assess their criminal history and predisposition
to violence or other conflict. Nor are pretrial detainees adequately screened
for suicide risk. This deficiency in classification and assessment affects
both the prison and jail because the prison facility houses pretrial detainees
with prisoners. Once convicted, however, the prison acceptably classifies
prisoners.
The complex lacks an adequately secure maximum custody housing area.
It also lacks dedicated housing for special management inmates, such as
those requiring protective custody or mental health care. These housing
units are necessary to protect prisoners and detainees by isolating predators
and removing vulnerable inmates from the population.
Finally, the prison is operating at or near its safe capacity. A substantial
increase in the sentenced or pretrial populations will have an adverse
effect on the safety of staff and persons confined in the facilities.
III. TINIAN DETENTION FACILITY
The Tinian Detention Facility is comprised of three cells without sinks
or toilets. One cell doubles as the television room. The single bathroom
has one toilet and is located away from the cells such that access to it
requires inmates to pass through civilian occupied office space. There
is an adjoining but separate holding cell for juveniles, but no separate
holding facility for females. Staff coverage is provided by available patrol
officers; the facility lacks detention officers assigned exclusively to
the facility. Although the facility is designated as a less than 24-hour
temporary holding facility, pretrial detainees and even prisoners are confined
there for weeks and months.
A. Fire Safety: Persons confined in the Tinian Detention Facility
face a serious risk of injury or death from fire or smoke. The facility
lacks a fire alarm or smoke detector. There is no sprinkler system. The
cells are individually padlocked with individual keys. Furniture in the
facility is torn and exposes foam filling that would emit toxic smoke in
a fire. Likewise, the mattresses are filled with foam that would emit toxic
gasses in a fire. Flammable chemicals were stored in the juvenile holding
area. There is no intercom or video camera to permit observation of the
cells and notify staff of smoke or a fire. Detention facility staff do
not conduct fire drills, and do not have fire or other emergency procedures.
The facility lacks self-contained breathing apparatus to permit staff to
enter smoke-filled facility and unlock the padlocked doors. Moreover, in
the event of a fire, the staffing of this facility by patrol officers who
are not assigned exclusively to the detention facility, renders staff unable
to respond properly to a fire and unable to properly evacuate inmates.
B. Electrical Safety: Persons confined in the Tinian Detention
Facility face a serious risk of injury or death from electrical hazards.
Electrical wires are strung loose throughout the facility. Wires passing
through doorways, windows, and rooms are unsecured and exposed thus creating
a risk of shock or fire. Detention officials have been aware of this problem
for some time, and have requested the funds to remedy this problem.
C. Health and Sanitation: Poor sanitation threatens the health
of detainees confined in this facility. At the time of our inspection the
detainees' food was stored before serving in a manner that facilitated
the growth of dangerous bacteria. Showers and sinks provided only cold
water, which is inadequate for hygiene and other cleaning purposes. The
facility showed signs of rodent activity. The windows lack screens to keep
out insects and other pests. Hazardous chemicals were stored in accessible
areas of the juvenile cell. The facility also lacked forced air ventilation
which is necessary to minimize the spread of contagious diseases such as
tuberculosis.
D. Security and Protection from Harm: Staff in the Tinian Detention
Facility cannot properly supervise detainees due to irregular staffing,
the facility's design, and the lack of two-way audible communication equipment,
surveillance cameras, or other equipment that would permit the patrol officers
to monitor activities in the housing area. Because of the remote location
of the toilet, detainees either wander through unsecured offices without
supervision or require the supervision of a staff-member, which then leaves
the detention facility inadequately supervised. Classification forms do
not contain sufficient information to properly classify detainees, especially
considering that many detainees are confined in the facility for weeks
and months. This lack of classification and supervision presents a real
danger of detainee-on-staff or detainee-on-detainee injury. The facility
also lacks cells where staff can directly supervise detainees in need of
constant supervision, such as suicidal detainees. In fact, we were informed
by facility staff that an inmate committed suicide in this facility in
1994. These problems will only be exacerbated as the detention facility's
population increases both in number and degree of dangerousness as the
new casino opens on the island.
IV. ROTA DETENTION FACILITY
Like the facility in Tinian, the Rota Detention Facility has three cells
with the sink and toilet located in a separate part of the building. The
Rota facility, too, is designed as a short-term 24-hour holding facility,
but the three individuals confined there during our inspection had been
there for two months, six months, and nine months. One cell is designated
for direct supervision, but cannot be properly monitored because of its
solid door. The facility has held as many as 21 detainees in these three
cells.
A. Fire Safety: Persons confined in the Rota Detention Facility
face a serious risk of injury or death from fire or smoke. The facility
lacks a fire alarm or smoke detector. There is no sprinkler system. The
cells are individually locked with individual keys. Furniture in these
facilities have foam filling that would emit toxic smoke in a fire. Likewise,
the mattresses are filled with foam that would emit toxic gasses in a fire.
There is no intercom or video camera to permit observation of the cells
and provide notification to staff of smoke or fire. The facility lacks
self-contained breathing apparatus to permit staff to enter a smoke-filled
facility and unlock the individually keyed doors. Although the facility
is staffed for eight hours during the day, irregular staffing of the facility
by patrol officers at other hours provides inadequate supervision to detect
a fire, renders staff unable to respond properly to a fire, and unable
to properly evacuate inmates. Detention facility staff do not conduct fire
drills, and do not have fire or other emergency procedures. Electrical
wires run throughout the facility, thereby creating an electric shock and
fire hazard. The facility does not have an emergency power generator maintenance
program and log book.
B. Health and Sanitation: Poor sanitation threatens the health
of detainees confined in this facility. Shower tiles are cracked and missing,
and floors and walls need repair, thus making these surfaces impossible
to clean adequately. The facility also lacks forced air ventilation which
is necessary to minimize the spread of contagious diseases such as tuberculosis.
This is particularly important as detainees are often held for several
days without necessary medical evaluations.
C. Security and Protection from Harm: As in Tinian, staff in
the Rota Detention Facility cannot properly supervise detainees due to
irregular staffing, the facility's design, and the lack of two-way audible
communication equipment, surveillance cameras, or other equipment that
would permit the patrol officers to monitor activities in the housing area.
Because of the remote location of the toilet, detainees either wander through
unsecured offices without supervision or require the supervision of a staff-member,
which then leaves the detention facility inadequately supervised. Classification forms do not contain sufficient information to properly classify detainees, especially considering that
many detainees are confined in the facility for weeks and months. This
lack of supervision presents a real danger of detainee on staff or detainee
on detainee injury.
V. IMMIGRATION DETENTION FACILITY
The Immigration Detention Facility is a single-story facility with three
housing units, two for males and one for females, with 24 beds each. Each
housing unit is divided into small rooms housing three to four detainees
in bunk beds. The facility has no indoor common space but does have a small
outdoor recreation yard. The facility is staffed by a guard at a fixed
station at the entrance of each housing unit, and by staff in an office
isolated from the housing units.
A. Fire Safety: Persons confined in the Immigration Detention
Facility face a serious risk of injury or death from fire or smoke. The
facility is equipped with several partially functioning single-unit battery-operated
smoke detectors. It lacks a central fire alarm, and many of the smoke detectors
were low on power, or had been removed. For example, in male unit two,
there were originally five smoke detectors, but only one was still in place.
There is no sprinkler system. The cells are locked with individual keys.
The mattresses are filled with foam that would emit toxic gasses in a fire.
All fire extinguishers in the facility indicated low pressure (5 units)
and some had broken tamper seals. There is no intercom or video camera
to permit observation of the cells and provide notification to staff of
smoke or fire. The facility lacks self-contained breathing apparatus to
permit staff to enter a smoke-filled facility and unlock the individually
keyed doors. As with the other facilities, the staff does not have a fire
or other emergency plan, and does not conduct fire drills. The facility
lacks adequate fire exits; there is only one exit from the building, from
a gate at one end of the facility. The facility also lacks a safe fire
refuge area, located at least 50 feet from the building with 6 square feet
per inmate bed. The facility does not have an emergency generator to operate
emergency lights and other equipment. These deficiencies, and the layout
of the facility, render staff unable to detect a fire, respond properly,
and evacuate inmates. In particular, if the staff assigned to the fixed
guard station at the entrance of each unit were not there, other staff
could not detect a fire, even if the single-unit smoke detectors were to
sound.
B. Health and Sanitation: Poor sanitation is threatening the
health of detainees confined in this facility. The detainees' food was
stored before serving in a manner that facilitated the growth of dangerous
bacteria. Detainees are not provided with hot water which is necessary
for proper hygiene. Detainees are provided inadequate health screening
to detect whether they have communicable diseases, such as tuberculosis.
C. Security and Protection from Harm: The fixed guard station
at the door of each housing unit does not permit direct observation of
the detainees. The facility also lacks two-way audible communication and
surveillance cameras. Guards at the fixed station cannot properly detect
and intervene in acts of detainee on detainee or detainee on staff violence
or other predation. This lack of adequate supervision could lead to staff
being unaware of serious injury or other illegal activities.
VI. KAGMAN YOUTH FACILITY
The Kagman Youth Facility is a single story building with a holding
cell, four rooms for male juveniles, and three rooms for female juveniles.
A corridor separates the female cells from the male cells, and the sexes
share a common activity room. The facility generally holds four to twelve
juveniles.
A. Fire Safety: Persons confined in the Kagman Youth Facility
face a serious risk of injury or death from fire or smoke. The facility
lacks a fire alarm and adequate smoke detectors, and the single-unit battery-powered
smoke detector in the dining area was not functioning. Nor does the facility
have sprinklers. The cells are locked with individual keys, thus requiring
significant time to unlock the cells in the event of a fire. The exit doors
are also locked with individual keys. The mattresses are filled with foam
that would emit toxic gasses in a fire. The clothes dryers had a significant
amount of lint buildup, which is highly flammable, and were missing their
lint traps. The fire extinguisher in the kitchen indicated low pressure
and had a broken tamper seal. There is no intercom or video camera to permit
observation of the cells and provide notification to staff of a smoke or
a fire. There are no emergency lights or exit signs. The facility lacks
a self-contained breathing apparatus to permit staff to enter a smoke-filled
facility and unlock the individually keyed doors. The facility also lacks
an emergency generator, to power the emergency lights and alarms in the
event of a power loss. As with the other facilities, the staff does not
have a fire or other emergency plan, and does not conduct fire drills.
B. Health and Sanitation: Poor sanitation is threatening the
health of juveniles confined in this facility. Utensils used to prepare
food at this facility are not properly sanitized in the two compartment
sink. In addition, the facility does not have hot water for cleaning food
utensils, general cleaning of the facility, or for personal hygiene. The
facility also lacks the proper lighting in the cells and hallways that
is necessary for proper hygiene, physical safety, and to prevent eyestrain.
The sink in one lavatory was dislodged from the wall and resting on the
floor. The sewage system relies on a poorly functioning septic system;
the toilets are slow to flush and back-up. The facility also lacks forced
air ventilation to provide fresh air and to reduce the spread of communicable
diseases. Some of the facility's windows lack screens, and ants and other
insects were noted in the facility.
C. Security and Protection from Harm: The classification forms
we reviewed indicate staff develop and properly act on information necessary
to properly classify and manage the juveniles in this facility. However,
our review of the incident logs indicates a recurring problem with maintaining
the separation of male and female detainees. This problem is largely due
to the design of the facility. The facility's holding cell is secured with
a barred gate that creates a risk of suicide by providing a hanging point
for suicidal juveniles. In addition, staff cannot maintain adequate sight
and sound supervision of intoxicated or suicidal juveniles confined in
this holding cell.
VII. RECOMMENDED REMEDIAL MEASURES
In order to remedy the cited deficiencies and to protect the constitutional
rights of the persons confined in the CNMI's prison and detention facilities,
and the constitutional and statutory rights of the juveniles confined in
the Kagman Youth Facility, the CNMI should implement, at a minimum, the
following measures:
A. Fire Safety:
1. Install an integrated smoke detection system with a fire alarm in
each of these facilities. This system should directly alert the fire department
and a central command post at each facility that is staffed 24 hours per
day, seven days a week. This system should be tested monthly and repaired
as necessary.
2. Use only approved fire-retardant or fire-resistant furniture, mattresses,
and pillows. Remove all polyurethane filled mattresses, pillows, furniture,
and other items.
3. Repair or remove all electrical hazards, including exposed contacts,
wires wrapped around window bars, extension cords in shower areas, makeshift
and improperly secured wiring, extension cords and other wiring running
along the outside ground, water-damaged and uncovered electrical panels,
open grounds, and other hazards.
4. Install an automatic fire sprinkler system.
5. Provide common-key unlocking cell and ingress/egress doors. These
keys should be easily identifiable by sight and touch. Egress doors must
unlock from both the inside and outside.
6. Install exit signs and functioning emergency lighting in all common
areas and hallways.
7. Provide two self-contained breathing apparatus for each facility
to enable staff to safely enter and evacuate smoke-filled areas. Staff
should be trained in the use of this equipment. Also, this equipment should
be regularly tested and serviced.
8. Develop a fire and other emergency plan to guide staff in promptly
and safely responding to foreseeable emergencies.
9. Conduct and document regular fire drills that involve the participation
of staff and persons confined in the institution.
10. Install and maintain an emergency generator to power the emergency
lights, smoke detectors, fire alarm, and other systems in the event of
a power outage.
11. Provide regular fire-safety training to all staff and inmates.
12. Provide a safe fire/smoke refuge area for each facility. This area
should be at least 50 feet away from the facility and provide at least
six square feet of space per inmate.
13. Stop housing persons in the wood-framed halfway house. Until a suitable
alternative space is provided, immediately remove all combustibles, cease
all cooking, and repair or remove all electrical hazards from this facility.
14. Ensure all facilities have adequate numbers of fire extinguishers.
Ensure these fire extinguishers are properly charged and regularly inspected
and maintained.
15. Provide at least one person at all times to staff each facility.
This individual must be able to detect a fire or smoke and safely evacuate
the facility.
16. Remove unnecessary combustible materials from all facilities, including
excess sheets, towels, papers, and lint. Necessary combustibles should
be stored in fire-retardant containers.
B. Health and Sanitation:
1. Provide food warmers and insulated containers for food transportation
to ensure that hot food temperatures are maintained at a temperature sufficient
to prevent the growth of dangerous bacteria.
2. Ensure refrigerators and freezers are properly functioning, tested,
and serviced to keep refrigerated and frozen foods at proper temperature
to prevent the growth of dangerous bacteria.
3. Provide 20 foot-candles of lighting in all cells and common areas.
All lighting fixtures should be enclosed in fixtures appropriate for use
in a secure setting and free from electrical hazards and unsecured wiring.
4. Administer medication only by a nurse or other individual trained
in dispensing medications and recognizing and responding to possible side
effects of taking medications.
5. Administer a complete medical screening, including tuberculosis screening,
to all prisoners and detainees immediately upon their admission.
6. Provide 15 cubic feet per minute per inmate of fresh air, temperature
controlled or otherwise, in all cells and common areas.
7. Train all staff in preventing the spread of communicable diseases
and blood-borne pathogens, including HIV.
8. Provide hot running water in all sinks and showers.
9. Provide fire and moisture resistant mattress covers.
10. Add vacuum breakers to all faucets to prevent back-siphonage and
contamination of the water supply.
11. Provide adequate toileting facilities, including one shower for
every twelve inmates, and regular access to toilets.
12. Clean and repair showers and lavatory fixtures such that all showers,
sinks, septic systems, and toilets function properly and are free from
grime, mold, and mildew.
13. Ensure through documented testing that all cooking and serving utensils,
whether used in the facility or by a contractor, are sanitized after each
use.
14. Provide special diets as recommended by a physician.
15. Develop a pest control program to eliminate rodents and insects.
Provide screens for all windows to keep out insects and pests.
16. Remove all hazardous chemicals from cells and common areas.
C. Security and Protection from Harm:
1. Develop a long range plan for operating the CNMI facilities as a
system. This plan should correct current deficiencies and address future
population growth.
2. Staff these facilities with an adequate number of full-time dedicated
corrections officers who are trained in professional corrections practices.
Staff should be of sufficient number to supervise prisoners and inmates
in the event of an emergency or routine absences, and, in Tinian and Rota,
when detainees are escorted to the lavatories.
3. Provide regular sight and sound direct supervision of prisoners and
detainees. This will require significant modification of the facilities'
structures and/or increased staffing, installation of video and intercom
systems, and removing sight-line obstructions such as hanging sheets and
towels.
4. Provide special needs (e.g., suicide-watch) and disciplinary/maximum
security housing areas for inmates that must be separated from the general
population and/or in need of frequent or constant supervision. Suicide-watch
cells must be free from "hanging points."
5. Classify all persons confined in these facilities, prisoners and
detainees, based on generally accepted classification factors such as criminal
history, risk of being a predator/prey, and mental health status (e.g.,
suicide risk).
6. Install a secure perimeter fence around each facility with adequate
lighting and monitoring. The fence that currently surrounds the prison
is inadequate and the Tinian and Rota jails lack such a fence.
7. Adequately separate males and females at the juvenile facility by
securing doorways and other connections between the male and female units.
8. Control and always account for the location of all tools, utensils,
and personal effects that could be used as a weapon.
D. Education and Programming: For those juveniles confined for
more than a brief period of time, the Kagman facility must provide adequate
education and programming services.
VIII. RESOLUTION OF ISSUES
Pursuant to the Civil Rights of Institutionalized Persons Act, the Attorney
General may initiate a lawsuit to correct deficiencies at an institution
49 days after notifying appropriate officials of such deficiencies. 42
U.S.C.
§ 1997(b)(a)(1). We will, however, seek to resolve this matter
in the same cooperative spirit that has characterized the investigation
to date. To this end, in the near future we will send you the reports from
our experts, Mr. James Balsamo and Mr. Steve Martin. These reports contain
information elaborating on our findings and recommendations, as well as
other information regarding the facilities that you may find useful. We
look forward to your response to these findings and recommendations and
to detailed discussions leading to a final resolution of these issues.
Sincerely,
/s/
Bill Lann Lee
Acting Assistant
Attorney General
Civil Rights Division
cc: Frederick Black, Esquire
United States Attorney
District of Guam and
Northern Mariana Islands
Mr. Eduardo Gonzalez
Director
United States Marshals Service
Mr. Robert Dunlap
Acting Attorney General
Mr. Charles W. Ingram, Jr.
Commissioner of Public Safety
Mr. Mark Zachares
Commissioner of Labor and Immigration
Mr. Thomas Tebuteb
Commissioner of Community and Cultural Affairs
Return
to Jail and Prison Investigations
Updated July 25, 2008