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Standards 1071:
<br />• "1.3 Transportation (by Land)";
<br />• "2.1 Admission and Release";
<br />• "2,2 Custody Classification System";
<br />• "2.6 Hold Rooms in Detention Facilities";
<br />• "2.11 Sexual Abuse and Assault Prevention and
<br />Intervention";
<br />• "2.13 Staff -Detainee Communication";
<br />• "3.1 Disciplinary System";
<br />• "4.3 Medical Care";
<br />"4.5 Personal Hygiene";
<br />• "5.2 Trips for Non -Medical Emergencies";
<br />• 5.4 Recreation";
<br />• 5.5 Religious Practices';
<br />• 5.6 Telephone Access";
<br />• 5.8 Voluntary Work Program";
<br />• "6.2 Grievance System"; and
<br />• "7.3 Staff Training."
<br />Title II of the Americans with Disabilities Act of
<br />1990, as amended, and its implementing regulation
<br />at 28 C.F.R. Part 35.
<br />The Architectural Barriers Act of 1968, as amended.
<br />Section 504 of the Rehabilitation Act of 1973, and
<br />DHS implementing regulation at 6 C.F.R. Part 15.
<br />DHS Directive 065-01, "Nondiscrimination for
<br />Individuals with Disabilities in DHS -conducted
<br />Programs and Activities (Non -Employment)" (Sept,
<br />25, 2013).
<br />ICE Directive "Assessment and Accommodations for
<br />Detainees with Disabilities" (December 15, 2016).
<br />ICE Policy No. 11065.1, "Review of the Use of
<br />Segregation for ICE Detainees" (Sept. 4, 2013).
<br />V. Expected Practices
<br />A. Definitions
<br />1. Disability
<br />For purposes of these detention standards, the term
<br />"disability" means either of the below:
<br />a. a physical or mental impairment that substantially
<br />limits one or more of an individual's major life
<br />activities; or
<br />b. a record of such a physical or mental impairment
<br />"Major life activities" are basic activities that a
<br />detainee without a disability in the general
<br />population can perform with little or no difficulty,
<br />including, but not limited to, caring for oneself,
<br />performing manual tasks, seeing, hearing, eating,
<br />sleeping, walking, standing, lifting, bending,
<br />speaking, breathing, learning, reading,
<br />concentrating, thinking, communicating, and
<br />working. A major life activity can also include the
<br />operation of major bodily functions, like the
<br />immune, endocrine, and neurological systems;
<br />normal cell growth; digestion, respiration, and
<br />circulation; and the operations of the bowel,
<br />bladder, and brain.
<br />2. Communication Impairments
<br />Detainees with "communication impairments'
<br />include detainees with physical, hearing, vision, and
<br />speech impairments (e.g., detainees who have
<br />hearing loss or are deaf; blind; have visual
<br />impairments; or nonverbal).
<br />3. Mobility Impairments
<br />Detainees with "mobility impairments" include
<br />detainees with physical impairments who require a
<br />wheelchair, crutches, prosthesis, cane, or other
<br />mobility device, or other assistance.
<br />4. Programs, Services, or Activities
<br />For purposes of these standards, the "programs,"
<br />"services," "benefits," and/or "activities" of a
<br />4.8 j Disability Identification, Assessment, and 346 PBNDS 2011
<br />Accommodation (Revised December 2016)
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