U.S. DEPARTMENT OF JUSTICE / IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) - 2015

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EROIC.SA-15.0007 ATTACI•IMFNT 4: INCORPORATION OF DEIS PREA STANDARDS (1) The facility shall develop and follow written procedures consistent with the standards in this subpart for each facility governing the management of its administrative segregation unit, These procedures, which should be developed in consultation with the ICE Enforcement and Removal Operations Field Office Director having jurisdiction for the facility, must document detailed reasons for placement of anindividual in administrative segregation on the basis of a vulnerability to sexual abuse or assault, (2) Use of administrative segregation by facilities to protect detainees vulnerable to sexual abuse or assault shall be restricted to those instances where reasonable efforts have been made to provide appropriate housing and shalt be made for the least amount of time practicable, and when no other viable housing options exist, as a last resort. The facility should assign detainees vulnerable to sexual abuse or assault to administrative segregation for their protection until an alternative means of separation from lllcoly abusers can be arranged, and such an assignment shall not ordinarily exceed a period of 30 days, (3) Facilities that place vulnerable detainees in administrative segregation for protective custody shall provide those detainees access to programs, visitation, counsel and other services available to the general population to the maximum extent practicable. (4) Facilities shall implement written procedures for the regular review of all vulnerable detainees placed In administrative segregation for their protection, as follows: (a) A supervisory staff member shall conduct a review within 72 hours of the detainee's placement in administrative segregation to determine whether segregation is still warranted; and (b) A supervisory staff member shall conduct, at a minimum, an identical review after the detainee has spent seven days in administrative segregation, and every week thereafter for the first 30 days, and every 10 days thereafter. (5) Facilities shall notify the appropriate ICE Field Office Director no later than 72 hours after the initial placement into scgregation, whenever a detainee has been placed in administrative segregation on the basis of a vulnerability to sexual abuse or assault. REPORTING 115.51 Detainee renarl'1nd (1) The agency and each facility shall develop policies and procedures to ensure that detainees have multiple ways to privately report sexual abuse, retaliation for reporting sexual abuse, or staff neglect or violations of responsibilities that may have contributed to such incidents, The agency and each facility shall also provide instructions on how detainees may contact their consular official, the DHS Office of the inspector General or, as appropriate, another designated office, to oanfidentially and, if desired, anonymously, report these incidents. (2) The agency shall also provide, and the facility shall inform the detainees of, at least one way for detainees to report sexual abuse to a public or private entity or office that is not part of the agency, and that is able to receive and immediately forward detainee reports of sexual abuse to agency officials, allowing the detainee to remain anonymous upon request. (3) .Facility policies and procedures shall include provisions for staff to accept reports made verbally, in writing, anonymously, and from third parties and Cc promptly document any vat -bat reports 115,52 Grievances. (1) The facility shall permit a detainee to file a formal grievance related to sexual abuse at any hire during, after, or in lieu of lodging an informal grievance or complaint, (2) The facility shall not impose a time limit on when a detainee may submit a grievance regarding an allegation of sexual abuse. r—