Introduction
The Detention Standards and Compliance Division (DS&C) is responsible
for establishing annual schedules for conducting Quality Assurance
Reviews (QARs) utilizing Federal Performance-Based Detention Standards
(FPBDS) to ensure the adequacy and sufficiency of services provided
in non-federal detention facilities that house federal detainees.
All private facilities under contract to the United States Marshal
Service or the Office of the Federal Detention Trustee, and those
state and local facilities with Intergovernmental Agreements (IGA)
with an average daily population of 500 or more federal detainees,
receive reviews annually. Other select facilities, such as those
requested by an agency, also receive QARs.
To conduct QARs, OFDT contracts with companies for Subject Matter
Experts (SMEs) who must possess extensive levels of experience.
SMEs conducting QARs must have a minimum of 10 years experience
in their area of expertise. The team is lead by Senior Project
Managers (SPMs) who have a minimum of 25 years correctional experience.
The Office of the Federal Detention Trustee QAR team consists of
one SPM and 4 SMEs with expertise in Administration and Management,
Healthcare, Security & Control, Food Service, Staff/Detainee
Communication, Safety and Sanitation, Services and Programs, and
Workforce Integrity and Detainee Discrimination. SMEs conduct QARs
utilizing a Facility Review Management System (FRMS), an automated
web-based system to record/document and produce a comprehensive
Quality Assurance Report.
Upon completion of the QAR report, DS&C reviews the report
and issues on of five ratings to the facility: Excellent, Good,
Acceptable, Deficient or At Risk. This information is entered into
the DSNetwork to provide consolidated facility information and
historic data.
QARs began Fiscal Year (FY) 2006, in which 21 QARs were conducted
in 12 states. Nineteen facilities met with the minimum FPBDS. In
FY 2007, 24 QARs were conducted in 13 states and in the District
of Columbia. Twenty-three facilities have met the minimum FPBDS.
In FY 2008, 26 QARs are planned in 13 states and the District of
Columbia.
Performance-Based Detention Standards
In January 2000, the Department of Justice (through the Federal
Bureau of Prisons (BOP), the U.S. Marshals Service (USMS), the
Immigration and Naturalization Service (INS), and the Civil Rights
Division issued a set of core detention standards that apply to
all detention facilities contracted by the Department of Justice.
The standards sought to ensure that detainees housed in these facilities
are safe, secure, and such facilities provide the basic services
needed by federal detainees. The purpose for detention varies across
agencies; accordingly, the standards adopted addressed only the
most basic and critical elements common to all agencies. The standards
are intended to supplement policies, procedures, and practices
that were specific to the needs of each agency.
Following the establishment of the Office of the Federal Detention
Trustee (OFDT), OFDT initiated a working group comprised of OFDT,
BOP, USMS, and Immigration and Customs Enforcement (ICE) -- formerly
the Immigration and Naturalization Service -- to address federal
detention policies and procedures. As part of this working group,
agency representatives reviewed and refined the core detention
standards previously approved.
The Quality Assurance Review (QAR) will be conducted based upon
criteria listed in the Federal
Performance Based Detention Standards Review Book.
Initially, the reviews will be conducted at all private contract
facilities that house federal detainees to ensure these facilities
are safe, humane, and protect detainees' statutory and constitutional
rights. The PBDS have been divided into nine functional areas that
fully meet or exceed the requirements of the American Correctional
Association Adult Local Detention Facility Standards.
Additionally there are nineteen Key Functional Areas that address
the minimal requirements necessary to ensure a safe, secure, and
humane environment. At the request of ICE, five ICE specific Standards
have been incorporated into the FPBDS in their entirety. Each Standard
contains a title and a defining statement followed by a series
of items designed to assist the Reviewer in asking questions and
seeking pertinent information for making assessments.
In addition, a checklist of review criteria has been developed
to ensure review procedures are clear and concise, scalable and
flexible, consistent and efficient. While a facilities compliance
with each of the functional Areas will be evaluated, failure to
comply with any Key Functional Areas will be considered a material
deficiency in the operation of the facility, use of the facilities
that fail to develop and implement a corrective action plan to
ensure the facility can attain and maintain compliance with the
Key Functional Areas may be discontinued, or if under contract,
administrative fee deductions may be assessed.
Federal Performance-Based Detention Standards Index including the
Nineteen Key Functional Areas
A: ADMINISTRATION
AND MANAGEMENT addresses facility policy development,
internal inspection and reviews, detainee records,
administration and orientation, personal property and
monies, release and accommodations for the disabled
- Internal Inspections and/or Reviews
- Admission and Orientation - (ICE Standard)
- Personal Property and Monies
- Detainee Release
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B: HEALTH CARE addresses
overall access to routine, chronic health care, mental
health, emergency health and dental services provided
by the institution
- Medical, Dental, and Mental Health Appraisals
- Access to Routine, Acute Chronic, and Emergency Health
Services
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C: SECURITY AND CONTROL addresses
post orders, permanent logs, security features, security
inspections, control of contraband, detainee searches,
detainee accountability, use of force, non-routine use
of restraints, tool and equipment control, detainee discipline,
supervision for special housing, contingency and merger
plans
- Post Orders
- Security Features
- Security Inspections and/or Reviews
- Contingency/Emergency Plans
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D: FOOD SERVICE addresses basic sanitation
and adequacy of varied meals and special diets provided
to detainees
- Sanitation Requirements
- Ensure Meals are Varied
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E: STAFF/DETAINEE COMMUNICATION addresses
methods of communicating with detainees, detention/correctional
staff training in diversity, and the detainee grievance
process
- Staff-Detainee Communication
- Detainee Grievances
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F: SAFETY AND SANITATION addresses
the adequacy of fire safety programs, the control of dangerous
materials, the general facility environment (including
air quality, noise levels, and sanitation and hygiene
programs), the adequacy of clothing and bedding, and protection
from infectious diseases
- Clothing and Bedding
- Physical Facility and Equipment
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G: SERVICES AND PROGRAMS addresses
detainee security classification, religious practices,
work assignments, availability of exercise programs, access
to legal materials, access to legal representation, access
to a telephone, the handling of detainee mail and other
correspondence, and visitation privileges
- Classification, Review, and Housing
- Religious Practices
- Legal Materials (ICE Standard)
- Legal Representation (ICE Standard)
- Telephone Access (ICE Standard)
- Visitation Privileges (ICE Standard)
- Detainee Mail and Correspondence
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H: WORKFORCE INTEGRITY addresses
the adequacy of the detention/correctional officer hiring
process, staff training and licensing/certification and
adequacy of systems to report and address staff misconduct |
I: DETAINEE DISCRIMINATION addresses
the adequacy of policies and procedures to prevent discrimination
against detainees based on their gender, race, religion,
national origin, or disability |
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Last Updated: April 09, 2009
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