**ICE/DRO DETENTION STANDARD**

SPECIAL MANAGEMENT UNITS

# PURPOSE AND SCOPE. This Detention Standard protects detainees, staff, contractors, volunteers, and the community from harm by segregating certain detainees from the general population in Special Management Units (SMUs) with an Administrative Segregation section for detainees segregated for administrative reasons and a Disciplinary Segregation section for detainees segregated for disciplinary reasons.

It applies to the following types of facilities housing DRO detainees:

-   Service Processing Centers (SPCs);

-   Contract Detention Facilities (CDFs); and

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-   State or local government facilities used by DRO through
    Intergovernmental Service Agreements (IGSAs) to hold detainees for
    more than 72 hours.

***Procedures in italics are specifically required for SPCs and
CDFs***.  IGSAs must conform to these procedures or adopt, adapt or
establish alternatives, provided they meet or exceed the intent
represented by these procedures.

Some terms used in this document may be defined in the separate
**Definitions** Standard.

# EXPECTED OUTCOMES. The expected outcomes of this Detention Standard are:

1.  Each facility will have Special Management Units with an
    Administrative Segregation section for detainees segregated from the
    general population for administrative reasons and a Disciplinary
    Segregation section for detainees segregated from the general
    population for disciplinary reasons.

2.  Detainees housed in the general population, staff, contractors,
    volunteers, and the local community will be protected from harm by
    the segregation of certain detainees in SMUs.

3.  Any detainee who represents an immediate, significant threat to
    safety, security or good order will be immediately controlled by
    staff and, for cause and with supervisory approval, placed in
    Administrative Segregation.

4.  Health care personnel will be immediately informed when a detainee
    is admitted to an SMU to provide assessment and review as indicated
    by health care authority protocols.

5.  A detainee will be placed in "protective custody" status in
    Administrative Segregation only when there is documentation that it
    is warranted and that no reasonable alternatives are available.

6.  A detainee will be placed in Disciplinary Segregation only after a
    finding by a Disciplinary Hearing Panel that the detainee is guilty
    of a prohibited act or rule violation classified at a "Greatest",
    "High", or "High-Moderate" level, as defined in the Detention
    Standard on Disciplinary System, Attachment A: Prohibited Acts and
    Sanctions.

7.  The status of detainees in Special Management Units will be reviewed
    in accordance with required time schedules by supervisory staff and
    the results of those reviews will be documented.

8.  A detainee will remain in Disciplinary Segregation for no more than
    60 days for violations associated with a single incident, and his or
    her status will be reviewed after the first 30 days, and each 30
    days thereafter by the facility administrator and the Field Office
    Director to determine if continued detention in Disciplinary
    Segregation is still warranted.

9.  Detainees in SMUs will be afforded basic living conditions that
    approximate those provided to the general population, consistent
    with the safety and security considerations that are inherent in
    more controlled housing, and in consideration of the purpose for
    which each detainee is segregated.

10. In general, when a detainee in an SMU is deprived of any usually
    authorized items or activity, a report of the action is forwarded to
    the facility administrator for notice and review**.**

11. Detainees in SMUs will have regular access to supervisory,
    management, program, and health care staff.

12. Each detainee in an SMU will be offered a minimum of one hour of
    recreation per day, five days a week, unless documented security or
    safety considerations dictate otherwise.

13. Detainees in SMUs will be able to write and receive mail and
    correspondence as they would otherwise be able to do while detained
    within the general population.

14. Detainees in SMUs will be provided opportunities for general
    visitation, including legal visitation, unless there are
    substantial, documented reasons for withholding those privileges.

15. Detainees in SMUs will have access to personal legal materials, law
    library materials, and legal visits, in accordance with provisions
    in this Detention Standard.

16. Detainees in SMUs will have access to telephones, in accordance with
    provisions in this Detention Standard.

17. Detainees in SMUs will have access to programs and services such as
    commissary, library, religious guidance, and recreation, in
    accordance with provisions in this Detention Standard.

18. Detailed records will be maintained on the circumstances related to
    a detainee's confinement to the SMU, through required permanent SMU
    logs and individual detainee records.

19. The applicable contents and procedures in this Standard will be
    communicated to the detainee in a language or manner which the
    detainee can understand.

# DIRECTIVES AFFECTED. This Detention Standard replaces Special Management Unit (Administrative Segregation) and Special Management Unit (Disciplinary Segregation), both dated 9/20/2000.

# REFERENCES

> American Correctional Association 4th Edition Standards for Adult
> Local Detention Facilities: 4-ALDF-2A-44 through 2A-66.
>
> ICE/DRO Detention Standards on:

### Correspondence and Other Mail {#correspondence-and-other-mail .unnumbered}

> **Disciplinary System**
>
> **Facility Security and Control**
>
> **Law Libraries and Legal Material**
>
> **Personal Hygiene**
>
> **Recreation**
>
> **Searches of Detainees, particularly the section on Close Observation
> in a "Dry Cell"**
>
> **Staff-Detainee Communication**
>
> **Telephone Access**

### Visitation {#visitation .unnumbered}

> **Hold Rooms in Detention Facilities**
>
> **Suicide Prevention and Intervention**

# EXPECTED PRACTICES

## Overview

> At times, a detainee must be isolated from the general population of
> ICE detainees for the protection of the detainee, other detainees, and
> facility staff. Such isolation is generically termed "segregation" and
> takes two different forms, depending on its intended purpose:

1.  **[Administrative Segregation]{.underline}** (also referred to as
    "Administrative Detention" by the Federal Bureau of Prisons), and

2.  **[Disciplinary Segregation]{.underline}** (also referred to as
    "Disciplinary Detention" by the ACA Standards).

> DRO refers to each of these types of segregated housing as a "Special
> Management Unit," and in many detention facilities, there is one SMU
> that has two sections, one for each type of segregation. While many of
> the standards, requirements, and basic operational procedures are the
> same for both SMU types, some distinct differences remain and are
> detailed below under **Basic Requirements for All Special Management
> Units**.
>
> A detainee may be placed in **Disciplinary Segregation** only after
> being found guilty, through a formal disciplinary process, of a
> facility rule violation. Therefore, detainees in **Disciplinary
> Segregation** generally have fewer privileges than those in
> non-punitive **Administrative Segregation**. In particular, they are
> subject to more stringent controls, for example, in regard to personal
> property and reading material. Additional limitations may also be
> imposed upon their television viewing, commissary/vending machine
> privileges, etc. Detainees in Administrative Segregation generally
> will be housed separately from those in Disciplinary Segregation
>
> Because of that basic difference, the procedures for placing a
> detainee in **Administrative Segregation** are different than those
> for **Disciplinary Segregation**, as are the requirements for periodic
> review of each detainee, as detailed below.

## Basic Requirements for All Special Management Units

> Conditions of confinement are based on the amount of supervision
> required to control a detainee and safeguard the detainee, other
> detainees, and facility staff. Therefore, the standard SMU living
> conditions specified below may not be modified for either disciplinary
> or punitive purposes. Staff shall treat each detainee in an SMU in a
> decent and humane manner, regardless of the purpose for which the
> detainee is segregated.
>
> In every instance, any exceptions to these requirements shall be:

-   Made only for the purpose of ensuring detainee and facility staff
    safety and security (i.e., not for purposes of punishment);

-   Approved by a security supervisor (or higher official);

-   On a temporary and situational basis, continued only for as long as
    it is justified by threat to the safety or security of the facility,
    its staff, or detainee population; and

-   Documented in the unit log and, under circumstances specified later
    in this Detention Standard, documented in a memo which shall be
    placed in the individual detainee's detention file.

> When a detainee in an SMU is deprived of any usual authorized items or
> activity, a report of the action shall be forwarded to the facility
> administrator. This report shall be made part of the detainee's
> facility record or disciplinary file.

1.  **Control of Contraband and Tools.** In accordance with procedures
    detailed in the Detention Standard on **Facility Security and
    Control**, each facility administrator is required to establish
    written policy and procedures to control and secure SMU entrances,
    contraband, tools, and food carts.

2.  **Permanent Special Management Unit Logs**. The facility
    administrator shall ensure that permanent housing logs are
    maintained in SMUs to record specified data on detainees upon
    admission to and release from the unit. These logs shall also be
    used by supervisory staff and other officials to record their visits
    to the unit**.**

3.  **Cell Occupancy.** Ordinarily, the number of detainees confined to
    each cell or room may not exceed the capacity for which it was
    designed. Under exigent circumstances, before approving any
    additional cell occupancy on a temporary basis, the facility
    administrator shall consult with HQ DRO's Detention Management
    Division, who shall consult with DHS/ICE legal counsel. If a
    decision is made to approve such additional cell occupancy, a report
    of the action should be filed with the facility and with the ICE
    Field Office Director.

> **4. Cell Condition.** Cells and rooms used for purposes of
> segregation must be well ventilated, adequately lit, appropriately
> heated and maintained in a sanitary condition at all times.
>
> a\. All cells must be equipped with beds that are securely fastened to
> the cell floor or wall.
>
> b\. Conditions for close observation in a "dry cell" without water are
> detailed in the Detention Standard on **Searches of Detainees**.
>
> **5. Personal Property.** Each facility shall issue guidelines in
> accordance with this Standard concerning the property detainees may
> retain in each type of segregation. Generally, detainees in
> **Disciplinary Segregation** shall be subject to more stringent
> personal property restrictions and control than those in
> **Administrative Segregation**, given the non-punitive nature of
> Administrative Segregation.
>
> **6. Privileges.** Each facility shall issue guidelines in accordance
> with this Standard concerning the privileges detainees may have in
> each type of segregation.
>
> a\. **Administrative Segregation** \-- Generally, these detainees
> shall receive the same privileges as are available to detainees in the
> general population, depending on any safety and security
> considerations for detainees, facility staff and security. When space
> and resources are available, detainees in **Administrative
> Segregation** may be provided opportunities to spend time outside
> their cells (in addition to the required recreation periods), for such
> activities as socializing, watching TV, and playing board games and
> may be assigned to work details (for example, as orderlies in the
> SMU).
>
> b\. **Disciplinary Segregation** \-- Generally, these detainees shall
> have fewer privileges than other detainees in either the general
> population or in Administrative Segregation. More specifically, they
> are subject to more stringent personal property control including, but
> not limited to, limitations on their reading material and television
> viewing (which may be completely terminated), and restricted
> commissary or vending machine purchases.
>
> **7. Close Supervision.** Detainees in SMUs shall be personally
> observed at least every 30 minutes on an irregular schedule. For cases
> that warrant increased observation, the SMU personnel will personally
> observe them accordingly. (See also **Suicide Prevention** and
> **Searches of Detainees**, section on dry cells.)
>
> **8. Supervisory and Staff Visits.** In addition to the direct
> supervision performed by unit staff:
>
> a\. The shift supervisor shall see each segregated detainee daily,
> including weekends and holidays.
>
> b\. The facility administrator (or designee) shall visit each SMU
> daily.
>
> c\. Program staff may visit a detainee upon his or her request.
>
> d\. Field Office staff shall visit a detainee in accordance with the
> Detention Standard on **Staff-Detainee Communications**.
>
> The facility administrator may require other staff to visit each
> detainee daily.
>
> **9. Health Care.** A health care provider shall visit every detainee
> in an SMU at least once daily. Detainees shall be provided medications
> as prescribed for them. Detainees will have access to regularly
> scheduled sick call regardless of housing assignment.
>
> Any action taken shall be documented in a separate logbook, and the
> medical visit shall be recorded on the SMU Housing Record (Form I-888)
> or equivalent form. A detainee's mental health status shall be
> reviewed and documented at least once every 30 days.
>
> **10. Meals.** Detainees in SMUs shall be provided three nutritionally
> adequate meals per day, according to the general population meal
> schedule and ordinarily from the same menu; however, for reasons of
> safety and security, detainees in SMUs shall eat with disposable
> utensils.
>
> **11. Clothing and Personal Hygiene.** In accordance with the
> Detention Standard on **Personal Hygiene**, detainees in SMUs may
> shave and shower at least three times weekly and receive other basic
> services such as laundry, hair care, barbering, clothing, bedding, and
> linen equivalent to general population detainees and consistent with
> safety and security of the facility.
>
> a\. As needed, staff shall provide toilet tissue, a wash basin, tooth
> brush, and shaving utensils, and may issue retrievable kits of toilet
> articles.
>
> b\. A detainee may be denied such items as clothing, mattress,
> bedding, linens, or pillow for medical or mental health reasons if his
> or her possession of such items raises concerns for detainee safety
> and/or facility security. All denials of such items shall be
> documented. If a detainee is so disturbed that he or she is likely to
> destroy clothing or bedding or create a disturbance by risking harm to
> self or others, the medical department shall be notified immediately
> and a regimen of treatment and control shall be instituted by the
> medical staff, as necessary. Extreme detainee behavior, such as
> destroying clothing or bedding or harmful behavior to self or others,
> must be documented, made part of the detainee's file with the facility
> and reported to the ICE Field Office Director to implement necessary
> efforts to protect and care for the detainee.

12. **Correspondence.** In accordance with the Detention Standard on
    **Correspondence and Other Mail**, detainees in an SMU may write and
    receive letters and other correspondence like those housed in the
    facility's general population.

> **13. Visitation.** In accordance with the Detention Standard on
> **Visitation**, while in an SMU, a detainee ordinarily retains
> visiting privileges.
>
> In a facility that allows contact visits, segregated detainees may
> ordinarily use the visiting room during normal visiting hours.
> However, the facility may restrict or disallow general visits for a
> detainee who violates visitation rules or whose behavior otherwise
> indicates the detainee would be a threat to the security or the good
> order of the visiting room.
>
> a\. General visitation may be restricted or disallowed when a detainee
> in **Administrative Segregation** is charged with, or has been found
> to have committed, a prohibited act related to visiting privileges or
> has otherwise acted in a way that would reasonably indicate that he or
> she would be a threat to the orderliness or security of the visiting
> room.
>
> b\. Under no circumstances may detainees participate in general
> visitation while in restraints. If the detainee's behavior warrants
> restraints, the visit may not be granted under general population
> visiting conditions.
>
> *In SPCs and CDFs, detainees in protective custody and violent and
> disruptive detainees shall not use the visitation room during normal
> visitation hours. Violent and disruptive detainees may be limited to
> non-contact visits. In extreme cases, where a visit would present an
> unreasonable security risk, even non-contact general visits may be
> disallowed for a particular detainee.*
>
> **14. Legal Visits.** In accordance with the Detention Standard on
> **Visitation**, detainees in SMUs may not be denied legal visitation.
> However, the facility administrator, or designee, may implement
> whatever security precautions are necessary to protect the detainee
> and visitors and maintain good order. In such cases, staff shall
> advise legal service providers and assistants of any security concerns
> prior to their visits.
>
> **15. Religious Guidance.** Detainees in SMUs shall be allowed visits
> by members of the clergy, upon request, unless the supervisor
> determines such a visit presents a safety or security risk, or would
> interfere with the orderly operation of the facility. Violent and
> uncooperative detainees may be temporarily denied access to religious
> guidance. Staff shall advise the clergy member of the detainee's
> present state of behavior before he or she agrees to visit the
> detainee. Each facility will develop procedures to allow detainees to
> retain religious items within their possession consistent with good
> security practices (e.g., religious wearing apparel, religious
> headwear, prayer rugs, beads, prayer rocks, medallions).
>
> **16. Reading Materials (Non-Legal).** Detainees in SMUs shall have
> access to reading materials, including religious materials. The
> Recreation Specialist shall offer each detainee soft-bound, reading
> materials of this type on a rotating basis
>
> **17. Legal Materials.** Detainees in SMUs shall have access to legal
> materials, in accordance with the Detention Standard on **Law
> Libraries and Legal Material**.
>
> Detainees may retain a reasonable amount of personal legal material
> upon admittance to an SMU, provided such material does not create a
> safety, security or sanitation hazard.
>
> Detainees with a large amount of legal material may be required to
> place a portion with their stored personal property, with access
> permitted during scheduled hours. Requests for access to such legal
> material shall be accommodated as soon as possible, but in no case
> more than 24 hours after receipt of the initial detainee request to
> retrieve documents, except for documented security reasons.
>
> **18. Law Library Access.** In accordance with the Detention Standard
> on **Law Libraries and Legal Material**, detainees housed in
> **Administrative Segregation** or **Disciplinary Segregation** units
> shall have the same law library access as the general population,
> unless compelling security concerns require limitations.
>
> a\. Facilities may supervise the library use by a detainee housed in
> an SMU as warranted by the individual's behavior. Detainees segregated
> for protection must be provided access to legal materials. Such
> detainees may be required to use the law library separately or, if
> that is not feasible, legal materials must be brought to them upon
> request
>
> b\. Violent or uncooperative detainees may be temporarily denied
> access to the law library if necessary to maintain security, until
> such time as their behavior warrants resumed access. In some
> circumstances, legal material may be brought to individuals in
> **Disciplinary Segregation**.
>
> c\. Denial of access to the law library must be:

-   Supported by compelling security concerns;

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-   For the shortest period required for security; and

    -   Fully documented in the SMU housing logbook.

> d\. The facility administrator shall notify ICE/DRO every time access
> is denied, with documentation placed in the detention file.
>
> **19. Recreation.** Recreation for detainees housed in the SMU shall
> be separate from the general population. As necessary or advisable to
> prevent assaults and reduce management problems, recreation for some
> individuals will be alone and separate from all other detainees.
>
> a\. The facility administrator shall develop and implement procedures
> to ensure that detainees who must be kept apart never participate in
> activities in the same location at the same time as detainees housed
> in the general population. For example, recreation for detainees in
> protective custody shall be separate from other detainees.
>
> Nevertheless, detainees in the SMU shall be offered at least one hour
> of recreation per day, scheduled at a reasonable time, at least five
> days per week. Where cover is not provided to mitigate inclement
> weather, detainees shall be provided weather-appropriate equipment and
> attire.
>
> b\. The recreation privilege shall be denied or suspended only if the
> detainee's recreational activity would unreasonably endanger detainee
> safety or security. The case of a detainee denied recreation
> privileges shall be reviewed at least once each week, as part of the
> reviews required for all detainees in SMU status.

-   As part of this process, the reviewer shall document whether the
    detainee continues to pose a threat to self, others, or facility
    security and, if so, why.

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-   The facility shall notify ICE/DRO when a detainee's denied
    recreation privileges exceeds 7 days.

-   Such a denial of recreation privileges (for more than 7 days)
    requires the concurrence of the facility administrator and a health
    care professional. It is expected that such denials shall rarely
    occur, and only in extreme circumstances.

> c\. Ordinarily, a detainee may be denied recreation privileges only
> with the facility administrator's written authorization, documenting
> why the detainee poses an unreasonable risk even when recreating
> alone. When necessary to control an immediate situation for reasons of
> safety and security, SMU staff may deny an instance of recreation,
> upon verbal approval from the shift supervisor, and document the
> reasons for that denial in the unit logbook(s). In such a case, the
> supervisor may also require additional written documentation from the
> SMU staff for the facility administrator. When a detainee in an SMU is
> deprived of recreation (or any other usually authorized items or
> activity), a report of the action shall be forwarded to the facility
> administrator.
>
> Examples of such circumstances may include, but are not limited to:

1.  A detainee segregated for specific administrative purposes,

2.  A detainee in protective custody, or

3.  A detainee whose mental and/or physical condition requires special
    handling and treatment by staff (for example, detainees who are drug
    or alcohol addicts or abusers, emotionally disturbed, mentally
    retarded, mentally ill, suicidal, disabled, or infirm).

> d\. A detainee in **Disciplinary Segregation** may temporarily lose
> recreation privileges upon a disciplinary panel's written
> determination that he or she poses an unreasonable risk to the
> facility, him/herself, or others.
>
> When his or her recreation privileges are suspended, the disciplinary
> panel or facility administrator shall provide the detainee with
> written notification, the reason(s) for the suspension, the duration
> of the suspension, and any conditions that must be met before the
> restoration of his or her privileges provided the requisite conditions
> are met.
>
> **20. Telephone Access.** As detailed in the Detention Standard on
> **Telephone Access**, detainees in SMUs shall have access to
> telephones in a manner that is consistent with the special safety and
> security requirements of such units. Telephone access for legal calls
> will be provided, including calls to attorneys, other legal
> representatives, courts, government offices (including the Office of
> the Inspector General, Office for Civil rights, and Civil Liberties,
> DHS Joint Intake Center, and DHS Office of Internal Audit), and
> embassies or consulates, according to the facility schedule. Any
> denial of telephone access will be documented.
>
> In general, any detainee in an SMU may be reasonably restricted from
> using or having access to a phone if that access is used for criminal
> purposes or would endanger any person, or if the detainee damages the
> equipment provided. In such instances, staff must clearly document why
> such restrictions are necessary to preserve the safety, security, and
> good order of the facility.

#### a. Administrative Segregation {#a.-administrative-segregation .unnumbered}

> Ordinarily, staff shall permit detainees in Administrative Segregation
> to have telephone access similar to detainees in the general
> population, but in a manner consistent with the special security and
> safety requirements of detainees in these units. This requirement
> applies to a detainee in Administrative Segregation pending a hearing
> because he or she has been charged with a rule violation, as well as a
> detainee in Administrative Segregation for other than disciplinary
> reasons (for example, protective custody, suicide risk, etc.).

#### b. Disciplinary Segregation {#b.-disciplinary-segregation .unnumbered}

> Detainees in Disciplinary Segregation may be restricted from using
> telephones to make general calls as part of the disciplinary process;
> however, even in Disciplinary Segregation, detainees shall have some
> telephone access for special purposes. Ordinarily, staff shall permit
> detainees in Disciplinary Segregation to make direct or free Consular
> and legal calls as described in the Detention Standard on **Telephone
> Access**, except for compelling and documented reasons of safety,
> security, and good order.
>
> **21. Translation/Interpretation Services**
>
> Detainees will be provided translation or interpretation services
> while in the Special Management Unit to assist with their
> understanding of conditions of confinement as well as their rights and
> responsibilities.
>
> **22. Special Needs**
>
> Detainees in the SMU will be provided appropriate accommodations and
> professional assistance such as medical, therapeutic, or mental health
> treatment for special needs, as necessary.

## Placement in Administrative Segregation

> Administrative Segregation status is a non-punitive status in which
> restricted conditions of confinement are required only to ensure the
> safety of detainees or others, the protection of property, or the
> security or good order of the facility. For matters of safety and
> security, staff may have to take immediate action to control a
> detainee, including placement in Administrative Segregation. Examples
> include detainees who require protective custody, who cannot be placed
> in the local population because they are en route to another facility
> ("holdovers"), who are awaiting a disciplinary hearing, or who require
> separation for medical reasons.
>
> Each facility shall develop and follow written procedures governing
> the management of its Administrative Segregation unit that are
> consistent with this Detention Standard. These procedures must
> document detailed reasons for placement of an individual in
> Administrative Segregation. Detainees must be provided with a copy of
> the Administrative Segregation Order.
>
> Prior to the detainee\'s placement in Administrative Segregation, the
> facility administrator and security supervisor, or equivalent, shall
> review the case to determine whether Administrative Segregation is, in
> fact, warranted. The facility administrator may delegate to the
> security supervisor the authority to place a detainee in
> Administrative Segregation.
>
> **1. Reasons for Placement in Administrative Segregation.** A detainee
> may be placed in Administrative Segregation when the detainee\'s
> continued presence in the general population poses a threat to life,
> property, self, staff, or other detainees, for the secure and orderly
> operation of the facility, for medical reasons, or other circumstances
> as set forth below. Some examples of incidents warranting a detainee's
> assignment to Administrative Segregation include, but are not limited
> to, the following:
>
> \(a\) A detainee is awaiting an investigation or a hearing for a
> violation of facility rules. Pre-disciplinary hearing detention should
> be ordered only as necessary to prevent further violation of those
> rules or to protect the security and orderly operation of the
> facility. It is not to be used as a punitive measure.
>
> Time served in pre-hearing detention may be deducted from any time
> ordered by the Institutional Disciplinary Panel (IDP).
>
> \(b\) A detainee is a threat to the security of the facility. The
> facility administrator may determine that a detainee\'s criminal
> record, past behavior at other institutions, behavior while in ICE/DRO
> detention, or other evidence is sufficient to warrant placement of the
> detainee in Administrative Segregation. Copies of records supporting
> this action shall be attached to the Administrative Segregation Order.
>
> \(c\) A detainee requires protection. Protective Custody may be
> initiated at the detainee\'s request or by whoever first ordered his
> or her segregation to protect the detainee from harm. Each facility
> will develop procedures to consider continued placement in protective
> custody as well as provisions for release from protective custody when
> appropriate. Frequently, the types of detainees who require this type
> of treatment include, but are not limited to:

-   Victims of detainee assaults;

-   Detainee informants or witnesses - detainees who provide information
    to institutional staff or any law enforcement agency concerning
    improper or criminal activities by others;

-   Sexual predators;

-   Detainees who have been pressured by other detainees to participate
    in sexual activity;

-   Detainees who request Protective Custody;

-   Detainees who refuse to enter the general population because of
    alleged intimidation from other detainees;

-   Detainees who refuse to return to the general population, but who do
    not provide the reason for refusal;

-   Detainees who appear to be in danger of bodily harm; or

-   Detainees who seek protection, claiming to be former law enforcement
    officers or to have held sensitive law enforcement positions,
    whether or not there is official information to verify the claim.

> \(d\) The IDP may order a detainee into Administrative Segregation
> following Disciplinary Segregation after determining that releasing
> the detainee into the general population would pose a threat to the
> security and orderly operation of the facility. A detainee transferred
> from Disciplinary Segregation to Administrative Segregation shall
> enjoy the same privileges as all other detainees in Administrative
> Segregation.
>
> \(e\) A medical professional who ordered a detainee removed from the
> general population shall complete and sign an Administrative
> Segregation Order (see below), unless the detainee is to stay in the
> medical department's isolation ward.
>
> \(f\) A detainee is scheduled for release, removal, or transfer within
> 24 hours. Such segregation may be ordered for security reasons or for
> the orderly operation of the facility.

## 2. Administrative Segregation Order. A written order shall be completed and approved by a security supervisor before a detainee is placed in Administrative Segregation, except when exigent circumstances make this impracticable. In such cases, an order shall be prepared as soon as possible. A copy of the order shall be given to the detainee within 24 hours, unless delivery would jeopardize the safety, security, or orderly operation of the facility. {#administrative-segregation-order.-a-written-order-shall-be-completed-and-approved-by-a-security-supervisor-before-a-detainee-is-placed-in-administrative-segregation-except-when-exigent-circumstances-make-this-impracticable.-in-such-cases-an-order-shall-be-prepared-as-soon-as-possible.-a-copy-of-the-order-shall-be-given-to-the-detainee-within-24-hours-unless-delivery-would-jeopardize-the-safety-security-or-orderly-operation-of-the-facility. .unnumbered}

a.  The facility administrator or designee shall complete the
    Administrative Segregation Order (Form I-885 or equivalent),
    detailing the reasons for placing a detainee in Administrative
    Segregation, before his or her actual placement.

b.  An Administrative Segregation Order is not required for a detainee
    awaiting removal, release, or transfer within 24 hours of its
    service.

c.  In an emergency, the detainee's placement in Administrative
    Segregation may precede the paperwork, which the facility
    administrator shall prepare as soon as possible after the detainee's
    placement.

d.  All memoranda, medical reports, and other relevant documents shall
    be attached to the Administrative Segregation Order.

e.  A copy of the completed Administrative Segregation Order shall be
    given to the detainee within 24 hours of placement in Administrative
    Segregation, unless delivery would jeopardize the safe, secure, or
    orderly operation of the facility.

f.  The order shall remain on file with the SMU until the detainee is
    returned to the general population.

g.  When the detainee is released from the SMU, the releasing officer
    shall indicate date and time of release on the Administrative
    Segregation Order. The completed order is then forwarded to the
    chief of security for inclusion into the detainee's detention file.

h.  If the segregation is ordered for protective custody purposes, the
    order shall state whether the detainee requested the segregation,
    and whether the detainee requests a hearing concerning the
    segregation.

## 3. Review of Detainee Status in Administrative Segregation. All facilities shall implement written procedures for the regular review of all detainees held in Administrative Segregation, consistent with the procedures specified below. {#review-of-detainee-status-in-administrative-segregation.-all-facilities-shall-implement-written-procedures-for-the-regular-review-of-all-detainees-held-in-administrative-segregation-consistent-with-the-procedures-specified-below. .unnumbered}

a.  A security supervisor shall conduct a review within 72 hours of the
    detainee's placement in Administrative Segregation to determine
    whether segregation is still warranted. The review shall include an
    interview with the detainee. A written record shall be made of the
    decision and the justification. The **Administrative Segregation
    Review** (Form I-885) shall be used for the review. If the detainee
    has been segregated for his or her own protection, but **not** at
    the detainee\'s request, the signature of the facility administrator
    or assistant facility administrator is required on the Form I-885 to
    authorize the alien's continued detention.

b.  A security supervisor shall conduct the same type of review after
    the detainee has spent seven days in Administrative Segregation, and
    every week thereafter, for the first 60 days and (at least) every 30
    days thereafter.

c.  The review shall include an interview with the detainee, and a
    written record shall be made of the decision and its justification.

d.  When the reviewing authority concludes that the detainee should be
    removed from Administrative Segregation, they shall submit that
    recommendation to the facility administrator (or designee) for
    approval.

e.  A copy of the decision and justification for each review shall be
    given to the detainee, unless, in exceptional circumstances, this
    provision would jeopardize the facility's security. The detainee
    shall also be given an opportunity to appeal a review decision to a
    higher authority within the facility.

f.  After seven consecutive days in Administrative Segregation, the
    detainee may exercise the right to appeal the conclusions and
    recommendations of any review conducted to the facility
    administrator. The detainee may use any standard form of written
    communication, for example, detainee request, to file the appeal.

g.  If a detainee has been in Administrative Segregation for more than
    30 days and objects to that status, the facility administrator shall
    review the case to determine whether that status should continue.
    This review shall take into account the detainee's views and shall
    result in a written record of the decision and its justification. A
    similar review shall take place every 30 days and each 30 days
    thereafter.

h.  When a detainee has been held in Administrative Segregation for
    **more than 30 days**, the facility administrator shall notify the
    Field Office Director (FOD), who shall notify the ICE/DRO Assistant
    Director, Detention Management Division in writing.

i.  When a detainee is held in Administrative Segregation for **more
    than 60 days**, the FOD shall notify in writing, the Deputy
    Assistant Director, Detention Management Division. The Deputy
    Assistant Director shall then consider whether it would be
    appropriate to transfer the detainee to a facility where s/he may be
    placed in the general population*.*

## Placement in Disciplinary Segregation.

> To provide detainees in the general population a safe and orderly
> living environment, facility authorities shall discipline anyone whose
> behavior does not comply with facility rules and regulations. Such
> discipline may involve temporary confinement in the SMU apart from the
> general population. A detainee may be placed in Disciplinary
> Segregation only by order of the Institutional Disciplinary Panel
> (IDP), or its equivalent, after a hearing in which the detainee has
> been found to have committed a prohibited act. Ultimately, the IDP may
> order the detainee's placement into Disciplinary Segregation, but only
> when alternative dispositions would inadequately regulate the
> detainee's behavior.

### Duration. A maximum sanction of 60 days in Disciplinary Segregation shall apply to violations related to a single prohibited incident. After the first 30 days, and each 30 days thereafter, the facility administrator shall send a written justification to the FOD, who may decide to transfer the detainee to a facility where security is such that he or she could be placed in the general population.

### Disciplinary Segregation Order. A written order shall be completed and signed by the chair of the IDP (or disciplinary hearing officer) before a detainee is placed into Disciplinary Segregation. A copy of the order shall be given to the detainee within 24 hours, unless delivery would jeopardize the safety, security, or the orderly operation of the facility or the safety of another detainee.

a.  The IDP chairman shall prepare the **Disciplinary Segregation
    Order** (Form I-883 or equivalent), detailing the reasons for
    placing a detainee in Disciplinary Segregation, before his or her
    actual placement. All relevant documentation must be attached to the
    order.

b.  A copy of the completed Disciplinary Segregation Order shall be
    given to the detainee within 24 hours of placement in Disciplinary
    Segregation, unless delivery would jeopardize the safe, secure, or
    orderly operation of the facility. The order shall be maintained on
    file in the SMU until the detainee is released from the SMU.

> When the detainee is released from the SMU, the releasing officer
> shall indicate date and time of release on the Disciplinary
> Segregation Order, then forward the completed order to the chief of
> security for insertion into the detainee's detention file.
>
> **3. Review of Detainee Status in Disciplinary Segregation.** All
> facilities shall implement written procedures for the regular review
> of all Disciplinary Segregation cases, consistent with the following
> procedures:
>
> a\. A security supervisor, or the equivalent, shall interview the
> detainee and review his or her status in Disciplinary Segregation
> every seven days to determine whether the detainee:

-   Abides by all rules and regulations; and,

-   Is provided showers, meals, recreation, and other basic living
    standards, as required by this Detention Standard.

> b\. The security supervisor shall document his or her findings after
> every review, by completing a **Disciplinary Segregation Review**
> (Form I-887).

-   The security supervisor may recommend the detainee's early release
    from the SMU upon finding that time in Disciplinary Segregation is
    no longer necessary to regulate the detainee's behavior.

-   An early-release recommendation must have the facility
    administrator's approval before the detainee may be returned to the
    general population.

-   The security supervisor may shorten, but not extend, the original
    sanction.

-   All review documents shall be placed in the detainee\'s detention
    file.

-   At each formal review, the detainee shall be given a written copy of
    the reviewing officer's decision and the basis for his or her
    finding, unless it would result in a compromise of institutional
    security. If for some reason it can not be delivered, then the
    detainee should be advised of the decision orally and the detention
    file should be so noted and the reasons identified in writing as to
    why the notice could not be provided in writing.

## Logs and Records

1.  **Permanent SMU Log.** A permanent log shall be maintained in the
    SMU to record all activities concerning the SMU detainees, such as
    the meals served, recreational time, and visitors.

> *In SPCs and CDFs, the SMU log shall record the detainee\'s name,
> A-number, housing location, date admitted, reasons for admission,
> tentative release date (for detainees in Disciplinary Segregation),
> the authorizing official, and date released.*
>
> **2. Visitor's Log*.*** *In SPCs and CDFs, a separate log shall be
> maintained in the SMU of all persons visiting the unit. This separate
> record shall include notation of:*

-   *The time and date of the visit, and*

-   *Any unusual activity or behavior of an individual detainee, with a
    follow-up memorandum sent through the facility administrator to the
    detainee\'s file.*

> **3. Individual Special Management Housing Unit Record.** *In SPCs,
> **Special Management Housing Unit Record**, (Form I-888) shall be
> prepared immediately upon a detainee's placement in the SMU. CDFs and
> IGSA facilities shall use the Form I-888 or comparable form for this
> purpose as well.*
>
> *a. The special housing unit officer shall immediately record:*

-   *Whether the detainee ate, showered, recreated, and took any
    medication; and*

-   *Any additional information, such as whether the detainee has a
    medical condition, or has exhibited suicidal/assaultive behavior.*

-   *The officer that conducts the activity will print his/her name and
    sign the record.*

> b\. The facility medical officer shall sign each individual's record
> when he or she visits a detainee in the SMU. The housing officer shall
> initial the record after the medical visits are completed, but no
> later than the end of the shift.
>
> *c. A new Form I-888 must be created for each week the detainee is in
> the SMU. The completed weekly forms shall be retained at the SMU until
> the detainee is released from the SMU.*
>
> *d. Upon a detainee's release from the SMU, the releasing officer
> shall attach the entire housing unit record related to that detainee
> to either the Administrative Segregation Order or Disciplinary
> Segregation Order and forward it to the chief of security for
> inclusion into the detainee's detention file.*

**Standard Approved:**

**James T. Hayes, Jr. /s/ 12/5/2008**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**James T. Hayes, Jr. Date**

**Director**

# Office of Detention and Removal Operations {#office-of-detention-and-removal-operations .unnumbered}