BILL LANN LEE, Acting Assistant Attorney General, Civil Rights Division
STEVEN H. ROSENBAUM, Chief, Special Litigation Section
MELLIE H. NELSON, Deputy Chief, Special Litigation Section
ROBERT MOOSSY, Trial Attorney, Special Litigation Section
U.S. Department of Justice
Civil Rights Division
601 D Street, N.W. #5107
Washington, D.C. 20004
(202) 514-6247
FREDERICK A. BLACK, United States Attorney
Pacific News Building
238 Archbishop Flores St., Ste. 502 A
Agana, Guam 30901
Attorneys for the United States of America
UNITED STATES DISTRICT COURT
FOR THE NORTHERN MARIANA ISLANDS
UNITED STATES OF AMERICA, Plaintiff
v.
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, GOVERNOR OF THE NORTHERN MARIANA ISLANDS, COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY, SECRETARY OF THE DEPARTMENT OF LABOR AND IMMIGRATION, SECRETARY OF THE DEPARTMENT OF COMMUNITY AND CULTURAL AFFAIRS, Defendants
CONSENT DECREE
I. INTRODUCTION
1. On April 10, 1998, the United States, by and through
Acting Assistant Attorney General Bill Lann Lee, gave notice to
Governor Pedro P. Tenorio of its intention to investigate
conditions at the corrections and detention institutions 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. The United States investigated
conditions at six facilities: the Saipan Prison Complex ("SPC"),
the Saipan Detention Facility ("SDF"), the Kagman Youth Facility
on Saipan ("KYF"), the Saipan Immigration Detention Facility
("SIDF"), the Tinian Detention Facility ("TDF"), and the Rota
Detention Facility ("RDF"). On August 5, 1998, the United States
sent a "Letter of Findings" to Governor Tenorio stating that
conditions at these six facilities violated the constitutional
rights of the persons confined therein.
2. Defendants in this action are the CNMI, the Governor of
the CNMI in his official capacity; the Commissioner of the
Department of Public Safety in his official capacity as the
official in charge of supervising the operations of SPC, SDF,
RDF, and TDF; the Secretary of the Department of Labor and
Immigration in his official capacity as the official supervising
the operations of SIDF; and the Secretary of the Department of
Community and Cultural Affairs in his official capacity and as
the official supervising the operations of KYF; their successors,
and agents.
3. This Court has jurisdiction of this action under
28 U.S.C. §§ 1331 and 1345. The United States is authorized to
initiate this action pursuant to 42 U.S.C. § 1997, applicable to
the CNMI through Section 105 of the Covenant to Establish A
Commonwealth of the Northern Mariana Islands in Political Union
with the United States of America (1978). Venue is proper in the
District of the Northern Mariana Islands pursuant to 28 U.S.C.
§ 1391.
4. The parties enter into this Decree jointly and for the
purpose of avoiding the risks and burdens of litigation.
5. For purposes of this lawsuit only and in order to
settle this matter, the Defendants stipulate that this Decree
complies in all respects with the provisions of 18 U.S.C.
§ 3626(a). The parties further stipulate and agree that the
prospective relief in this Decree is narrowly drawn, extends no
further than necessary to correct the violations of federal
rights set forth in the Complaint, is the least intrusive means
necessary to correct these violations, and will not have an
adverse impact on public safety or the operation of a criminal
justice system. Accordingly, the parties agree and represent to
the Court that the Decree complies in all respects with the
provisions of 18 U.S.C. § 3626(a), and may serve as the factual
and legal basis for a court order issued pursuant to those
provisions.
6. The issue of liability has not been litigated. The
parties ask the Court to approve this Decree without a full
hearing on the merits, on the basis of the United States'
Complaint and the above stipulation.
7. This Decree is not intended to have any preclusive
effect except between the parties. Should the issue of the
preclusive effect of this Decree be raised in any proceedings
other than this civil action, the parties agree to certify that
this Decree was intended to have no such preclusive effect.
8. Defendants, by and through their officials, agents,
employees, and successors are enjoined from and shall not deprive
persons confined in SPC, SDF, TDF, RDF, KYF, and SIDF of rights,
privileges, and immunities secured and protected by the
Constitution of the United States.
II. PLANNING
9. Defendants shall develop a short-term and long-term
plan for operating SPC, SDF, TDF, and RDF. This plan shall
address operating these facilities as a system, where
practicable. This plan shall correct current deficiencies and
address future population growth. In particular, the plan should
address:
a. Facility population projections and classification
of projected populations;
b. Space requirements for housing the projected
population in SPC, SDF, TDF, and RDF;
c. Programming and services at these facilities
appropriate to their populations, including
medical care, mental health care, food service,
and protection from harm;
d. Staffing and staff training;
e. Security and emergency planning;
f. Funding.
The short-term component of the plan shall be completed within 30
days of the entry of this Decree and updated every six months.
The long-term component of this plan shall be completed within a
year of entry of this Decree and updated every six months.
10. Defendants shall obtain the assistance of professional
consultants in developing this plan. Defendants may seek the
assistance of the National Institute of Corrections in developing
the plan. Compliance with this planning requirement shall not be
dependent or contingent, however, upon obtaining assistance from
the National Institute of Corrections. Defendants may utilize
such other professionals to develop this plan as they deem
appropriate.
11. Defendants shall provide the United States with a copy
of the final proposed short-term and long-term plan and their
revisions upon completion. The United States shall have the
right to review the plans so developed and shall have the
authority to disapprove any plan or portion of the plan which it
concludes fails to comport with appropriate penological practice.
12. If Defendants choose to operate RDF and TDF as
temporary holding facilities, defined as routinely confining
inmates for less than twenty-four (24) hours, absent exigent
circumstances, but for no longer than forty-eight (48) hours,
then RDF and TDF shall not be required to comply with the
following requirements of this Decree:
a. The portion of Paragraph 19 requiring Defendants to
provide metal storage lockers;
b. Paragraph 45 which requires Defendants to provide hot
water in bathrooms;
c. Paragraph 50 regarding health screening, testing, and
examinations;
d. Paragraph 53 requiring the facilities to be staffed by
full-time correctional officers;
e. Paragraph 54 requiring training for correctional
officers.
f. Paragraph 56 requiring classification of inmates;
g. Paragraph 60 requiring special needs, protective
custody, and disciplinary/maximum security housing areas;
h. Paragraph 61 requiring a secure perimeter fence; and
i. Paragraph 63 requiring control of tools and utensils.
III. FIRE SAFETY
13. Defendants shall protect persons confined in SPC, SDF,
TDF, RDF, KYF, and SIDF from undue risk of harm from fire and
smoke.
14. Within 180 days of entry of this Decree, Defendants
shall provide a complete and working fire alarm system with
system type smoke detectors in SPC, SDF, TDF, RDF, KYF, and SIDF.
Such fire alarm and smoke detection system shall be continuously
monitored by staff through a central control panel at each
facility and shall directly alert the fire department.
Defendants shall test the alarm and smoke detection system
monthly, and service or repair as necessary.
15. Defendants shall remove all polyurethane foam
mattresses, pillows, furniture, and other foam materials, such as
insulation, from SPC, SDF, TDF, RDF, KYF, and SIDF. Defendants
agree to utilize only fire resistant and/or retardant mattresses,
pillows, bedding, furniture, insulation, and other materials.
16. SPC, SDF, TDF, RDF, KYF, and SIDF shall each have a
back-up generator for use during power-outages. Each generator
shall comply with the National Fire Protection Association Code
and be capable of powering all alarms, lights, and other fire-safety and emergency equipment. Defendants shall test and service such generators weekly, including servicing the battery
charger, regular oil changes, live load tests, and in-use tests.
17. Defendants shall complete a comprehensive survey of all
substandard and hazardous electrical conditions and correct such
conditions at SPC, SDF, TDF, RDF, KYF, and SIDF. Afterwards, the
CNMI Fire Division or other qualified agency shall conduct an
inspection of these facilities to identify electrical fire and
shock hazards, and the defendants shall correct any hazards.
18. Defendants shall install emergency lighting and exit
signs at SPC, SDF, TDF, RDF, KYF, and SIDF.
19. Within 180 days from entry of this Decree, Defendants
shall provide approved metal waste receptacles and metal
containers to store personal combustible items for staff and
persons confined at SPC, SDF, TDF, RDF, KYF, and SIDF. The
storage containers for personal items that inmates are permitted
to keep in their cells shall be located in their sleeping areas
and provide inmates with easy access to their personal
belongings. Defendants shall also remove all unnecessary
combustible items and materials from housing units, storage
areas, and common areas.
20. Within 180 days from entry of this Decree, Defendants
shall provide SPC, SDF, TDF, RDF, KYF, and SIDF, or units of such
facilities, each with local common key locks for all cell,
ingress/egress, and other locking doors along the path of
ingress/egress. Each such facility, or unit of a facility, shall
utilize local common keys in a manner that permits speedy
evacuation of the facility while ensuring security. Such keys
shall be identifiable by sight and touch. All ingress/egress
doors shall be able to be unlocked from both sides. No cell
doors, ingress/egress doors, or other locking door obstructing
the path of ingress/egress shall be secured with any lock other
than the common-key lock.
21. Defendants shall ensure that a set of emergency keys
that function appropriately on all exit doors is kept readily
accessible to staff on all shifts at SPC, SDF, TDF, RDF, KYF, and
SIDF. All corrections staff must be educated with respect to the
location of emergency keys within their facility.
22. Within 180 days of entry of this Decree, Defendants
shall install at SPC and SIDF a complete automatic sprinkler
system with quick response heads throughout the facility,
including storage and staff areas, except where such sprinklers
are unfeasible due to conditions such as high temperatures in
equipment rooms.
23. Defendants shall provide at SPC, SDF, TDF, RDF, KYF,
and SIDF a fire or smoke emergency evacuation safe refuge area at
least fifty feet from the facility that is directly accessible to
evacuating persons. Such refuge area shall provide sufficient
space to safely hold evacuees.
24. Within 180 days from entry of this Decree, Defendants
shall cease housing persons in the wood-frame structure at SPC
designated the "half-way house." No person shall be housed in
wood-frame buildings. As an interim measure until inmates are no
longer housed in this wood-frame building, Defendants shall
immediately ensure that no cooking or smoking takes place in the
building, that inmates' personal items are kept at a minimum and
are stored in metal lockers, the building has sufficient single-station fire alarms and smoke detectors, and that the building is continuously supervised by a staff-member inside the building
with two-way communication to a central command center capable of
calling the fire department.
25. Defendants shall develop a comprehensive and ongoing
fire-safety and other emergency training program for SPC, SDF,
TDF, RDF, KYF, and SIDF. Such training shall consist of
emergency procedures, use of fire protection and other emergency
equipment, and evacuation of inmates and staff, under actual fire
or other emergency conditions. Such training shall be conducted
at least annually and for all newly hired persons. In addition,
defendants shall conduct regular fire and other emergency drills
at each facility in which staff use emergency equipment and
procedures to evacuate the facilities and respond to a fire or
other emergency.
26. Within 180 days from entry of this Decree, Defendants
shall provide SPC/SDF and SIDF with necessary fire evacuation
equipment to include two emergency breathing apparatus for each
facility and sufficient fire extinguishers. Defendants shall
provide RDF, TDF, and KYF with necessary fire evacuation
equipment to include one emergency breathing apparatus for each
facility and sufficient fire extinguishers. RDF and TDF may use
the emergency breathing apparatus located at their respective
fire departments.
27. Defendants shall establish and document at SPC, SDF,
TDF, RDF, KYF, and SIDF a fire safety and emergency equipment
maintenance and inspection program to evaluate on a regular basis
each facility for fire safety, and test, service, and maintain
all fire safety equipment.
28. Defendants shall designate at SPC, SDF, TDF, RDF, KYF,
and SIDF a fire safety and emergency coordinator for each
facility who shall be responsible for each facility's fire safety
and other emergency training, equipment, and other programs.
29. Defendants must at all times staff SPC, SDF, TDF, RDF,
KYF, and SIDF with at least one staff-person per housing unit
directly responsible for and capable of detecting and responding
to a fire or other emergency and evacuating persons confined in
these facilities.
30. Defendants shall install a second outside exit at SIDF
that can be used to evacuate persons during a fire or other
emergency.
IV. SANITATION
A. Food Service
31. Defendants shall provide persons confined in SPC, SDF,
TDF, RDF, KYF, and SIDF with food prepared under sanitary
conditions.
32. Defendants shall ensure that all personnel supplying or
handling food served at SPC, SDF, TDF, RDF, KYF, and SIDF receive
training in the basic principles of food protection and food
hygiene by the local public health authority or other competent
source. Defendants shall maintain records of this training,
attested to by the training authority.
33. Defendants shall provide SPC, SDF, TDF, RDF, KYF, and
SIDF with food warmers and insulated containers to ensure that
hot foods are transported and/or stored before and through their
service to inmates at or over 140 degrees Fahrenheit and cold
foods are kept sufficiently cold to prevent the growth of
dangerous bacteria.
34. Defendants shall ensure that all utensils used to make
or distribute any food served at SPC, SDF, TDF, RDF, KYF, and
SIDF are clean and sanitized either through chemical sanitization
in a three compartment sink or through steaming the surface of
utensils to at least 160 degrees Fahrenheit.
35. Defendants shall ensure all food for consumption at
SPC, SDF, TDF, RDF, KYF, and SIDF is stored in a manner to
prevent the growth of dangerous bacteria or other dangerous
contaminants. Frozen foods shall be stored at or below 0 degrees
Fahrenheit. Refrigerated foods shall be stored at or below 45
degrees Fahrenheit.
36. Defendants shall provide hot water not to exceed 120
degrees Fahrenheit but above 110 degrees Fahrenheit in the food
preparation and service areas at SPC, SDF, TDF, RDF, KYF, and
SIDF, and at any contractor providing food to these facilities,
for personal hygiene and cleaning food service utensils.
37. Defendants shall develop a pest control plan and ensure
SPC, SDF, TDF, RDF, KYF, and SIDF are free from pests and vermin.
Within 180 days from entry of this Decree, all windows that can
be opened shall have screens.
38. Defendants shall supply special diets where medically
indicated to persons confined in SPC, SDF, TDF, RDF, KYF, and
SIDF. The formulation of these special diets must be approved by
a qualified dietician.
39. Defendants shall establish and document a regular food
service equipment and utensil preventive maintenance program to
ensure that equipment is functioning properly and that utensils
are clean and sanitary. This program shall include regular
testing of food utensil sanitization, including utensils used by
contractors, and food temperatures at all points in the food
storage and preparation process.
B. Hygiene and Sanitation
40. Defendants shall provide persons confined in SPC, SDF,
TDF, RDF, KYF, and SIDF with sanitary conditions of confinement.
41. Defendants shall establish and implement written
policies and procedures for routine daily housekeeping for all
areas of SPC, SDF, TDF, RDF, KYF, and SIDF.
42. Defendants shall ensure that the local public health
authority shall conduct health inspections of all areas of SPC,
SDF, TDF, RDF, KYF, and SIDF. Defendants shall implement the
public health authority's recommendations within 15 days of
receiving them.
43. Within 180 days from entry of this Decree, Defendants
shall provide at least twenty (20) foot-candles of artificial
lighting, measurable thirty-six inches from the floor upward, in
all cells and common areas of SPC, SDF, TDF, RDF, KYF, and SIDF.
All lighting fixtures should be enclosed in fixtures appropriate
for use in a secure or correctional setting and free from
electrical hazards and unsecured wiring.
44. Within 180 days from entry of this Decree, Defendants
shall provide at least fifteen (15) cubic feet per minute per
inmate of fresh forced air via mechanical ventilation with supply
and exhaust, temperature controlled or otherwise, for all SPC,
SDF, TDF, RDF, KYF, and SIDF cells and common areas.
45. Defendants shall provide hot water in all bathrooms at
SPC, SDF, TDF, RDF, KYF, and SIDF for personal hygiene and
cleaning of the facility.
46. Defendants shall provide adequate toilet facilities,
including one shower for every twelve inmates, and regular access
to toilets at SPC, SDF, TDF, RDF, KYF, and SID. Defendants shall
survey each facility for plumbing deficiencies and repair toilets
and urinals on a priority basis. Defendants shall ensure that
all toilets flush properly, the septic systems are maintained in
good working order, bathrooms have working sinks, and showers are
free from mold and mildew. Defendants shall comply with this
paragraph within 90 days except that Defendants shall have 180
days to comply at SPC with the requirement that Defendants
provide one shower for every twelve inmates and flushing toilets.
47. Defendants shall remove all hazardous chemicals from
cells and common areas of SPC, SDF, TDF, RDF, KYF, and SIDF.
48. Defendants shall provide each inmate with an
appropriate place to sleep at SPC, SDF, TDF, RDF, KYF, and SIDF
regardless of crowding. Defendants shall provide each inmate
adequate bedding and a clean sleeping surface at least twelve
inches off the floor. Defendants shall remove all cloth mattress
covers and provide all inmates at SPC, SDF, TDF, RDF, KYF, and
SIDF with fire, soil, and moisture resistant mattress covers that
may be sanitized.
V. MEDICAL CARE
49. Defendants shall provide a complete health screening to
all persons confined at SPC, SDF, TDF, RDF, KYF, and SIDF as
follows:
a. Upon admittance Defendants shall administer a
health screening questionnaire designed to determine whether the
inmate has a communicable disease, is in need of medical
attention, has special medical needs, is taking prescription
medication, is mentally ill, or presents a suicide risk. The
screening shall be administered by trained staff and kept with
the inmate's record.
b. All inmates confined for seven or more days shall
be administered a PPD tuberculosis test within the seven days.
Regardless of length of confinement, any person demonstrating
symptoms of active tuberculosis or testing positive for
tuberculosis shall be administered a chest x-ray within 3 days.
All persons with active tuberculosis shall be segregated
immediately from the rest of the population in a manner to
minimize the risk of tuberculosis transmission and provided
appropriate medical care.
c. All inmates at SPC, SDF, RDF, TDF, and KYF confined
for fourteen days or longer, or persons confined at SIDF for 21
days or longer, shall be given a physical health assessment by a
physician or physician assistant. The assessment shall include a
medical history, and a vital signs examination. The results of
the assessment shall be recorded and kept in the inmate's medical
record along with the inmate's medical intake screening form.
50. Defendants shall administer medication at SPC, SDF,
TDF, RDF, KYF, and SIDF only by a nurse or other individual
trained in dispensing medications and recognizing and responding
to possible side effects of taking medications.
51. Within 180 days from entry of this Decree, Defendants
shall train all staff in preventing the spread of communicable
diseases and blood-borne pathogens, including TB and HIV.
VI. SECURITY AND PROTECTION FROM HARM
52. Defendants shall staff SPC, SDF, TDF, and RDF with an
adequate number of full-time correctional officers. Staff at
SPC, SDF, TDF, RDF, KYF, and SIDF shall be of sufficient number
to supervise inmates in the event of an emergency or routine
absences, and, at RDF and TDF, when detainees are escorted to the
lavatories.
53. Defendants shall train corrections officers,
supervisors, and other staff responsible for caring for inmates
at SPC, SDF, TDF, RDF, and SIDF in professional corrections
practices. All newly hired correctional officers and supervisors
shall successfully complete sixty (60) hours of pre-service
training before working in the institution, and eighty (80) hours
of on the job training supervised by an experienced correctional
officer. Defendants shall provide in-service training of a
minimum of forty (40) hours per year for all correctional
officers after their first year of employment. Training shall
include, but is not limited to, certification for CPR, fire
safety, inmate mental health, security practices, suicide
prevention, and other appropriate curriculum.
54. Within 180 days of entry of this Decree, Defendants
shall develop comprehensive facility policies and procedures for
SPC, SDF, TDF, RDF, KYF, and SIDF. Such policies and procedures
shall include policies regarding supervising inmates of different
classifications. Defendants shall regularly review and revise
these policies and procedures as necessary. The United States
shall be provided a copy of the final proposed policies and
procedures upon their completion. The United States shall have
the right to review policies and procedures so developed and, if
the United States disagrees with any policy or procedure, shall
inform and consult with Defendants to improve the policy or
procedure. If the parties are unable to agree on whether a
particular policy is appropriate, the matter shall be decided by
the Court after briefing by the parties. Defendants shall obtain
the assistance of professional consultants in developing these
policies and procedures, and may seek the assistance of the
National Institute of Corrections. Compliance with the
requirements of this paragraph shall not be dependent or
contingent, however, upon obtaining assistance from the National
Institute of Corrections. Defendants may utilize such other
professionals to develop these policies and procedures as they
deem appropriate.
55. Defendants shall develop and implement at SPC, SDF,
TDF, RDF, KYF, and SIDF an inmate classification plan utilizing
objective and behaviorally based classification standards
including nature of offense, criminal history, risk of being a
predator/prey, and mental health status (e.g., suicide risk).
The classification system shall be based upon safety and security
considerations unique to the population at each facility.
Defendants shall obtain the assistance of professional
consultants in developing the inmate classification system, and
may seek the assistance of the National Institute of Corrections
in developing a classification system. Compliance with the
requirements of this paragraph shall not be dependent or
contingent, however, upon obtaining assistance from the National
Institute of Corrections. Defendants may utilize such other
professionals to develop the inmate classification plan as they
deem appropriate.
56. Defendants shall provide regular sight and sound direct
supervision of all persons confined at SPC, SDF, TDF, RDF, KYF,
and SIDF. Defendants shall remove sight-line obstructions such
as hanging sheets and towels.
57. Defendants shall provide correctional officers, and
other staff supervising inmates at SPC, SDF, TDF, RDF, KYF, and
SIDF with the ability to communicate, at all times while
supervising or monitoring inmates, with a central command post at
each facility.
58. Defendants shall ensure that correctional officers at
SPC, SDF, TDF, RDF, KYF, and SIDF make frequent rounds to monitor
activity in inmate housing areas. Appropriate documentation of
security checks shall be maintained in a manner that is readily
identifiable and verifiable. Sufficient officer rounds shall be
made within the housing units to provide inmates reasonable
protection from harm. At minimum, in maximum and medium security
housing areas such rounds shall be made and recorded on at least
fifteen (15) minute intervals.
59. Defendants shall provide special needs (e.g., suicide-watch), protective custody, and disciplinary/maximum security housing areas at SPC, SDF, TDF, RDF, KYF, and SIDF for inmates
who 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." Staff shall monitor potentially
suicidal inmates at least every fifteen (15) minutes and record
such monitoring. Staff shall continuously monitor suicidal
inmates.
60. Within 180 days from entry of this Decree, Defendants
shall install a secure perimeter fence around SPC, SDF, TDF, KYF,
RDF, and SIDF, appropriate to the inmate classification and
population at each facility. Each fence shall have adequate
lighting and be monitored.
61. Defendants shall ensure that males and females at KYF
do not commingle unless directly supervised by staff.
62. Defendants shall control and account for the location
of all tools, utensils, and personal effects that could be used
as a weapon. Defendants shall secure all areas in which metal
objects are stored or disposed. Defendants shall install "shadow
boards" in tool storage and kitchen utensil areas and daily
account for and document all tools and utensils accessible to
inmates. Inmates shall not have access to any area in which
metal objects are stored or held for removal as trash, unless
directly and constantly supervised by staff. Correctional
officers shall search inmates and housing areas for contraband
articles.
VII. NEW CONSTRUCTION
63. Any new facility(ies) built or operated by Defendants,
or their agents or contractors, to detain or confine inmates
shall comply with the provisions of this Decree.
64. Any new facility(ies) built or operated by Defendants,
or their agents or contractors, to detain or confine inmates
shall be designed by an architect with experience in designing
correctional facilities. Defendants shall provide the United
States with the architectural plans for such facility(ies) for
the United States's review and comments.
65. Defendants have provided the United States with the
following schedule termed "Planning Schedule for New Facilities":
December 1998, Defendants shall have hired an expert consultant
as a project manager for the new facility construction project;
September 1999, Defendants shall award the architectural and
engineering contract for the new facility; May 2000, Defendants
shall begin construction of the new facility. If Defendants
follow this schedule and progress at a reasonable pace in
constructing the new facility(ies), Defendants need not comply
with the following provisions of this Decree for the current
facilities, provided that the current facilities are not used to
detain or confine inmates upon the opening of the new
facility(ies):
a. Paragraph 14 in that it requires the fire alarm and
smoke detection system to operate as an integrated system
alerting a central control panel and directly notifying the fire
department. Defendants may instead use single unit battery
operated alarms and smoke detectors provided such units are
tested and serviced weekly. In addition, each unit shall be
continuously supervised by staff with two-way communication to a
central control that can immediately respond to the emergency,
including immediately contacting the fire department.
b. Paragraph 22 regarding installation of fire sprinklers;
c. Paragraph 45 as it applies to hot water in the
lavatories at SPC and SDF.
VIII. COMPLIANCE
66. Ninety (90) days following entry of this Decree and
every six (6) months thereafter until this Decree is terminated,
the CNMI shall file with the Court, with a copy to the United
States, a status report delineating all steps taken during the
reporting period to comply with each provision of this Decree.
The CNMI shall state whether any internal or external audits of
the functions of SPC, SDF, TDF, RDF, KYF, and SIDF have been
performed and will summarize the subject matter and results of
such reports. The CNMI shall provide the United States with
copies of these reports or audits upon request.
67. The Defendants shall maintain all records necessary to
document their compliance with all terms of this Decree. The
Defendants shall also maintain any and all records required by or
developed under this Consent Decree.
68. Defendants shall appoint a Consent Decree coordinator
to oversee compliance with this Decree, and to serve as a point
of contact.
69. During all times while the Court maintains jurisdiction
over this action, the United States shall have access to, and
receive copies of, any documents and any databases necessary to
evaluate compliance with this Decree. The United States shall
have access to all staff and facilities as necessary to evaluate
the Defendants' compliance with the terms of this Decree.
70. The Defendants shall immediately provide copies of, and
explain the terms of this Decree to all current and future
employees or other staff of SPC, SDF, TDF, RDF, KYF, and SIDF, in
order to ensure that they understand the requirements of this
Decree and the necessity for its strict compliance. All such
individuals shall sign a statement indicating that they have read
and understand this Decree and acknowledge receiving an
individual copy of the Decree.
71. Except where otherwise specifically indicated, the
Defendants shall implement all provisions of this Decree within
90 days after entry of this Decree.
72. The Court shall retain jurisdiction of this action for
all purposes during the term of this Decree. At any time after
two (2) years from the date of entry of this Decree, and after
substantial compliance has been maintained for no less than one
year, the CNMI may move to terminate this Decree. Any motion to
terminate must detail all aspects of the Defendants' compliance
with each provision of this Decree, supported by affidavits and
supporting documentation. The United States shall have ninety
(90) days from receipt of the CNMI's motion to terminate to file
its objection(s). In the event the United States objects to
termination of the Decree, the Court shall hold a hearing, at
which both parties may present evidence, before ruling on the
motion to terminate. At the hearing, the burden shall be on the
CNMI to demonstrate that it has fully and faithfully implemented
all provisions of this Consent Decree and maintained substantial
compliance for at least one year.
VII. SEVERABILITY
73. The parties agree to defend the provisions of this
Consent Decree. The parties shall notify each other of any court
challenge to this Decree. In the event any provision of this
Consent Decree is challenged in any local or state court, removal
to a federal court shall be sought.
74. In the event any provision of this Consent Decree is
declared invalid for any reason by a Court of competent
jurisdiction, said finding shall not affect the remaining
provisions of this Decree.
//
//
We consent and seek entry of this Decree:
For the United States of America:
BILL LANN LEE, Acting Assistant Attorney General, Civil Rights
STEVEN H. ROSENBAUM, Chief, Special Litigation Section
MELLIE H. NELSON, Deputy Chief, Special Litigation Section
ROBERT J. MOOSSY, JR., Trial Attorney
U.S. Department of Justice
Civil Rights Division
Special Litigation Section
P.O. Box 66400
Washington, D.C. 20035-6400
(202) 514-6247
FREDERICK BLACK, United States Attorney
District of Guam and the Northern Mariana Islands
For the Defendants:
PEDRO P. TENORIO, Governor of the Northern Mariana Islands
CHARLES W. INGRAM, JR., Commissioner of the Department of Public Safety
MARK ZACHARES, Secretary of the Department of Labor and Immigration
THOMAS TEBUTEB, Secretary of the Department of Community and Cultural Affairs
MICHAEL AMBROSE, Assistant Attorney General
SO ORDERED this _______ day of _______, 1998.
________________
HON. ALEX R. MUNSON
United States District Court Judge of the Northern Mariana Islands
Updated July 25, 2008