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:
- 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.
- 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.
- 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.
- 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.
- 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
- ADMINISTRATION AND MANAGEMENT
- HEALTH CARE
- SECURITY AND CONTROL
- FOOD SERVICE
- STAFF/DETAINEE COMMUNICATION
- SAFETY AND SANITATION
- SERVICES AND PROGRAMS
- WORKFORCE INTEGRITY
- DETAINEE DISCRIMINATION
- KEY FUNCTIONAL AREAS
Last Updated: April 09, 2009 |