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
6 Civil Rights Division
601 D Street, N.W. #5107

U.S. v. Commw. of the Northern Mariana Islands

Washington, D.C. 20004

(202) 514-6247

FREDERICK A. BLACK

PC-MP-001-001

United States Attorney

District of Guam and District of

10 the Northern Mariana Islands

Pacific News Building

11 238 Archbishop Flores St., Ste. 502 A

Agana, Guam 3 0 901

12

Attorneys for the United States

13 of America

14

UNITED STATES DISTRICT COURT FOR

THE NORTHERN MARIANA ISLANDS

15

UNITED STATES OF AMERICA, 16

) CIV No. )

Plaintiff,

) STIPULATION REQUESTING ENTRY

17

) OF CONSENT DECREE AND

v. 18

) SUPPORTING MEMORANDUM )

COMMONWEALTH OF THE NORTHERN

)

19 MARIANA ISLANDS, GOVERNOR OF THE )

NORTHERN MARIANA ISLANDS,

)

20 COMMISSIONER OF THE DEPARTMENT OF )

PUBLIC SAFETY, SECRETARY OF THE )

21 DEPARTMENT OF LABOR AND

)

IMMIGRATION, SECRETARY OF THE

)

22 DEPARTMENT OF COMMUNITY AND

)

CULTURAL AFFAIRS,

)

23

)

Defendants.

)

24

25

26

Plaintiff United States and Defendants Commonwealth of the

27 Northern Mariana Islands, et al., jointly and respectfully

28 request this Court to enter the Consent Decree agreed to by the

parties. The Consent Decree is attached hereto. In support of

this Motion, the parties state as follows:

1. The United States is filing its Complaint concurrently

with the proposed Consent Decree and this Stipulation.

2. Paragraph 5 of the proposed Decree stipulates: 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 the Prison Litigation Reform Act,

18 U.S.C. § 3626(a). The parties further stipulate and agree

10 that the prospective relief in this Decree is narrowly drawn,

11 extends no further than necessary to correct the violations of

12 federal rights set forth in the Complaint, is the least intrusive

13 means necessary to correct these violations, and will not have an

14 adverse impact on public safety or the operation of a criminal

15 justice system. Accordingly, the parties agree and represent to

16 the Court that the Decree complies in all respects with the

17 provisions of 18 U.S.C. § 3626(a), and may serve as the factual

18 and legal basis for a court order issued pursuant to those

19 provisions.

20

3. Paragraph 6 of the proposed Decree stipulates: The

21 issue of liability has not been litigated. The parties ask the

22 Court to approve this Decree without a full hearing on the 23 merits, on the basis of the United States1 Complaint and the

24 above stipulation.

25

4. Paragraph 7 of the proposed Decree stipulates: This

26 Decree is not intended to have any preclusive effect except

27 between the parties. Should the issue of the preclusive effect

28 of this Decree be raised in any proceedings other than this civil

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1 action, the parties agree to certify that this Decree was

2 intended to have no such preclusive effect.

3

5. The Consent Decree is a full and fair resolution of the

4 issues raised in the United States' Complaint.

5

6

Wherefore, the parties jointly request this Court to sign

7 the attached Order and sign and enter the attached Consent

8 Decree.

9

10 For the Plaintiff:

11 BILL LANN LEE Acting Assistant Attorney General
12 Civil Rights Division
13

FREDERICK BLACK United States Attorney District of the Northern
Mariana Islands

14
STEVEN H. ROSENBAUM 15 Chief
MELLIE H. NELSON 16 Deputy Chief
ROBERT J. MOOSSY, JR. 17 TX ID 791296
Trial Attorney 18 U.S. Department of Justice
Civil Rights Division 19 Special Litigation Section
P.O. Box 66400 20 Washington, D.C. 20035-6400
(202) 514-6247 21

GREGORY BAKA Assistant U.S. Attorney Horiguchi Bldg., 3d Floor Saipan, MP 96950 (670) 234-9133

22

23 For the Defendants:

24 MAYA KARA Acting Attorney General
25 Northern Mariana Islands

26

27 WILLIAM C. BUSH Assistant Attorney General
28

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 U.S. v. Commw. of the Northern Mariana Islands

PC-MP-001-002

UNITED STATES DISTRICT COURT FOR

THE NORTHERN MARIANA ISLANDS

7

UNITED STATES OF AMERICA,

) CIV No.

8

)

Plaintiff,

) ORDER GRANTING PARTIES'

9 V.

) REQUEST TO ENTER THE ) CONSENT DECREE

10

)

COMMONWEALTH OF THE NORTHERN

)

11 MARIANA ISLANDS, GOVERNOR OF THE )

NORTHERN MARIANA ISLANDS,

)

12 COMMISSIONER OF THE DEPARTMENT OF )

PUBLIC SAFETY, SECRETARY OF THE )

13 DEPARTMENT OF LABOR AND

)

IMMIGRATION, SECRETARY OF THE

)

14 DEPARTMENT OF COMMUNITY AND

)

CULTURAL AFFAIRS,

)

15

)

Defendants.

)

16

)

17

ORDER

18

Having considered the Consent Decree agreed to by the

19 parties in this matter, and based on the stipulation of the

20 parties in the Consent Decree, the Court hereby finds:

21

1. The prospective relief in the Decree is necessary to

22 correct the violations of the federal rights as set forth in the

23 Complaint.

24

2. The Decree is narrowly drawn, extends no further than

25 necessary to correct these violations of federal rights, and is

26 the least intrusive means necessary to correct these violations

27 of federal rights.

28

3. The Decree will not have an adverse impact on public

safety or the operation of a criminal justice system.

4. The Decree complies with the requirements of the Prison

Litigation Reform Act, 18 U.S.C. § 3626 et. seq.

Accordingly, it is hereby ORDERED that the Consent Decree be

entered as the judgment of the Court. This order is not an

adjudication on the merits and therefore shall have no preclusive

effect except between the parties to this litigation.

8

IT IS SO ORDERED.

9

DATED t h i s

day of

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

, l99_
ALEX R. MUNSON Judge

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 U.S. v. Commw. of the Northern Mariana Islands

PC-MP-001-003
JANET RENO
Attorney General of the United States 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., Rm. 5107 Washington, D.C. 20004 (202) 514-6247 9 FREDERICK A. BLACK 10 United States Attorney GREGORY BAKA 11 Assistant United States Attorney District of the Northern Mariana Islands 12 Horiguchi Building, 3d Floor Saipan, MP 96950 13 (670) 234-9133 Attorneys for the United States 14 of America.

15

UNITED STATES DISTRICT COURT FOR

THE NORTHERN MARIANA ISLANDS

16

UNITED STATES OF AMERICA, 17

CIVIL ACTION NO.

Plaintiff, 18

19 v.

COMPLAINT

COMMONWEALTH OF THE NORTHERN 20 MARIANA ISLANDS, GOVERNOR OF THE

NORTHERN MARIANA ISLANDS, 21 COMMISSIONER OF THE DEPARTMENT OF

PUBLIC SAFETY, SECRETARY OF THE 22 DEPARTMENT OF LABOR AND
IMMIGRATION, SECRETARY OF THE 23 DEPARTMENT OF COMMUNITY AND
CULTURAL AFFAIRS, 24

Defendants. 25

26 THE UNITED STATES OF AMERICA alleges:

27

1. The Attorney General files this complaint on behalf of

28 the United States of America pursuant to the Civil Rights of

1 Institutionalized Persons Act of 1980, 42 U.S.C. § 1997, and 2 42 U.S.C. § 14141, to enjoin the named Defendants from depriving 3 persons incarcerated in the Commonwealth of the Northern Mariana

4 Islands ("CNMI") at the Saipan Prison Complex ("SPC"), the Saipan 5 Detention Facility ("SDF"), the Kagman Youth Facility on Saipan 6 ("KYF"), the Saipan Immigration Detention Facility ("SIDF"), the 7 Tinian Detention Facility ("TDF"), and the Rota Detention 8 Facility ("RDF"), of rights, privileges, or immunities secured 9 and protected by the Constitution of the United States.

10

JURISDICTION AND VENUE

11

2. This Court has jurisdiction over this action under

12 28 U.S.C. §§ 1331 and 1345, and 48 U.S.C. § 1822(a).

13

3. The United States is authorized to initiate this action

14 pursuant to 42 U.S.C. § 1997a, and 42 U.S.C. § 14141(b),

15 applicable to the CNMI through Section 105 of the Covenant to

16 Establish a Commonwealth of the Northern Mariana Islands in

17 Political Union with the United States of America (1978).

18

4. The Attorney General has certified that all pre-filing

19 requirements specified in 42 U.S.C. § 1997b have been met. The 20 Certificate of the Attorney General is appended to this Complaint

21 and is incorporated herein.

22

5. Venue is proper in the District of the Northern Mariana

23 Islands pursuant to 28 U.S.C. § 1391.

24

DEFENDANTS

25

6. Defendant CNMI owns and operates SPC, SDF, KYF, SIDF,

26 RDF, and TDF.

27

7. The Governor of the CNMI is sued in his official

28 capacity as the CNMI official ultimately responsible for the

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operations of SPC, SDF, KYF, SIDF, RDF, and TDF. 8. The Commissioner of the Department of Public Safety is
sued in his official capacity as the official in charge of supervising the operations of SPC, SDF, RDF, and TDF.

9. The Secretary of the Department of Labor and Immigration

is sued in his official capacity as the official supervising the

operations of SIDF.

10. The Secretary of the Department of Community and

Cultural Affairs is sued in her official capacity as the official

10 supervising the operations of KYF.

11

11. Defendants are legally responsible, in whole or in

12 part, for the operation of SPC, SDF, KYF, SIDF, RDF, and TDF, and

13 for the conditions in these facilities and the health and safety

14 of persons confined, detained, or incarcerated in them.

15

12. At all relevant times, the Defendants or their

16 predecessors in office have acted or failed to act, as alleged

17 herein, under color of state law.

18

FACTUAL ALLEGATIONS

19

13. SPC, SDF, KYF, SIDF, RDF, and TDF are institutions

20 within the meaning of 42 U.S.C. § 1997(1).

21

14. Persons confined in SPC include adult pre-trial

22 detainees and adult post-conviction prisoners.

23

15. Persons confined in SDF are adult pre-trial detainees.

24

16. Persons confined in KYF are juvenile pre-trial

25 detainees, adjudicated status offenders, and juvenile post-

26 conviction inmates.

27

17. Persons confined in SIDF include adult and juvenile

28 CNMI Department of Immigration detainees.

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1

18. Persons confined in RDF include adult and juvenile pre-

2 trial detainees and adult and juvenile post-conviction prisoners.

3

19. Persons confined in TDF include adult and juvenile pre-

4 trial detainees and adult and juvenile post-conviction prisoners.

5

20. The CNMI officers staffing SPC, SDF, SIDF, RDF, and TDF

6 are law enforcement officers. The CNMI staff at KYDF are

7 responsible for the administration of juvenile justice and the

8 incarceration of juveniles.

9

21. Defendants have engaged in, and continue to engage in,

10 a pattern or practice of failing to protect inmates at SPC, SDF,

11 KYF, SIDF, RDF, and TDF from undue risk of harm by, inter alia,

12 failing to provide adequate supervision, failing to provide

13 adequate security, failing to provide adequate inmate

14 classification, failing to provide adequate medical and mental

15 health care, and failing to ensure adequate environmental health,

16 sanitation, and fire safety.

17

22. Defendants have been aware of the factual allegations

18 set forth in paragraph 21 for a substantial period of time and

19 have failed to address adequately the conditions described

20 although they consciously knew of those inadequacies.

21

VIOLATIONS ALLEGED

22

23. The acts and omissions alleged in paragraphs 21 and 22

23 violate the rights, privileges, or immunities secured or

24 protected by the Constitution of the United States of persons

25 confined in SPC, SDF, KYF, SIDF, RDF, and TDF.

26

24. Unless restrained by this Court, Defendants will

27 continue to engage in the conduct and practices set forth in

28 paragraphs 21 and 22 that deprive persons confined in SPC, SDF,

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KYF, SIDF, RDF, and TDF of their rights, privileges, or

immunities secured or protected by the Constitution of the United

States and cause them irreparable harm.

PRAYER FOR RELIEF

25. The Attorney General is authorized under 42 U.S.C.

§ 1997 et seq. and 42 U.S.C. § 14141(b) to seek equitable and

declaratory relief.

8

9

WHEREFORE, the United States prays that this Court enter an

10 order permanently enjoining Defendants, their officers, agents,

11 employees, subordinates, successors in office, and all those

12 acting in concert or participation with them from continuing the

13 acts, omissions, and practices set forth in paragraph 21 above,

14 and that this Court require Defendants to take such actions as

15 will ensure constitutional conditions of confinement are afforded

16 to inmates at SPC, SDF, KYF, SIDF, RDF, and TDF. 17 \\ 18 \\ 19 \\ 20 \\ 21 \\ 22 \\ 23 \\ 24 \\

25 \ \ 26 \ \ 27 \ \ 28 \ \

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1

The United States further prays that this Court grant such

2 other and further equitable relief as it may deem just and

3 proper.

4 Respectfully submitted,
5

6

7

8

JANET RENO

Attorney General of the

9

United States

10

11

12 FREDERICK A. BLACK United States Attorney
13
14

BILL LANN LEE Acting Assistant
Attorney General Civil Rights Division

15

16
GREGORY BAKA 17 Assistant United States
Attorney 18 District of the Northern
Mariana Islands 19

STEVEN H. ROSENBAUM Chief Special Litigation Section

20

MELLIE H. NELSON

21

Deputy Chief

Special Litigation Section

22

23

24

ROBERT J. MOOSSY, JR.

Attorney

25

U.S. Department of Justice

Civil Rights Division

26

Special Litigation Section

P.O. Box 66400

27

Washington, D.C. 20035-6400

28

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1

CERTIFICATE OF THE ATTORNEY GENERAL

2

I, Janet Reno, Attorney General of the United States, certify that with regard to the foregoing Complaint, United States v. Commonwealth of the Northern Mariana Islands, et al.. I have complied with all subsections of 42 U.S.C. § l997b(a)(1). I certify as well that I have complied with all subsections of 42 U.S.C. § l997b(a)(2). I further certify, pursuant to 42 U.S.C. § l997b(a)(3), my belief that this action by the United States is of general public importance and will materially further the vindication of rights, privileges, or immunities secured or protected by the Constitution of the United States.

In addition, I certify that I have the "reasonable cause to believe" set forth in 42 U.S.C. § 1997a to initiate this action. Finally, I certify that all prerequisites to the initiation of 10 this suit under 42 U.S.C. § 1997, et seq., have been met.

11

Pursuant to 42 U.S.C. § l997a(c), I have personally signed

the foregoing Complaint. Pursuant to 42 U.S.C. § l997b(b), I am

12 personally signing this Certificate.

13

Signed this

D.C. 14

day of

, 1998, at Washington,

15

16

17

JANET RENO

Attorney General

18

of the United States

19

20

21

22

23

24

25

26

27

28

 
 Mariana Consent Decree

Page 1 of 11

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

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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.

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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 longterm 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.

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16. SPC, SDF, TDF, RDF, KYF, and SIDF shall each have a back-up generator for use during poweroutages. 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 woodframe 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.

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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 staffperson 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.

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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) footcandles 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

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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.

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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.

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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

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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.
//

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//
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

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 Case: 1:99-cv-17 Document #: <docnum> Filed: <datefiled> Page 1 of 8

U.S. District Court Northern Mariana Islands (NMI) CIVIL DOCKET FOR CASE #: 1:99−cv−00017

CLOSED

United States of America v. Commonwealth of the Northern Mariana Islands Assigned to: Chief Judge Ramona V. Manglona Demand: $0 Cause: 42:1983 Prisoner Civil Rights
Plaintiff

Date Filed: 02/23/1999 Date Terminated: 02/25/1999 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Gregory Baka Bureau of Alcohol, Tobacco, Firearms and Explosives San Francisco Field Division Counsel 5601 Arnold Road, Suite 400 Dublin, CA 94568−7729 (925) 557−2895 Fax: (925) 557−2861 Email: gbaka79@yahoo.com TERMINATED: 07/17/2006 LEAD ATTORNEY

Jeffrey Murray U.S. Department of Justice Civil Rights Div., Special Litigation Section 950 Pennslyvania Ave., Washington, DC 20530 202−353−9269 Fax: 202−514−0212 Email: jeff.murray@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mikel W. Schwab United States Attorney's Office Suite 500, Sirena Plaza 108 Hernan Cortez Avenue Hagatna, GU 96910 (671) 472−7332 Fax: (671) 472−7215 Email: mikel.schwab@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Governor the Northern Mariana Islands

represented by Teresita Sablan Office of the Attorney General Caller Box 10007 Saipan, MP 96950 670−664−2341 Fax: 670−664−2349 Email: sablan.teresita@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Maya B. Kara Office of the CNMI Attorney General

Case: 1:99-cv-17 Document #: <docnum> Filed: <datefiled> Page 2 of 8

Civil Division Capitol Hill Saipan, MP 96950 (670) 664−2341 Fax: (670) 664−2349 TERMINATED: 04/05/2013

Defendant
Commissioner of the Department of Public Safety

represented by Teresita Sablan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maya B. Kara (See above for address) TERMINATED: 04/05/2013

Defendant
Secretary of the Department of Labor & Immigration

represented by Teresita Sablan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maya B. Kara (See above for address) TERMINATED: 04/05/2013

Defendant
Secretary of the Department of Community & Cultural Affairs

represented by Teresita Sablan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maya B. Kara (See above for address) TERMINATED: 04/05/2013

Defendant
Commonwealth of the Northern Mariana Islands

represented by Teresita Sablan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward T Buckingham Office of the Attorney General Civil Division − Capitol Hill Caller Box 10007 Saipan, MP 96950− (670) 664−2339 Fax: (670) 664−2349 Email: agocnmi@gmail.com TERMINATED: 04/05/2013 ATTORNEY TO BE NOTICED

Maya B. Kara (See above for address) TERMINATED: 04/05/2013

Date Filed # Docket Text

Case: 1:99-cv-17 Document #: <docnum> Filed: <datefiled> Page 3 of 8

02/23/1999 02/23/1999 02/25/1999 02/25/1999
11/26/1999
05/25/2000 11/28/2000 07/03/2001
02/06/2003 02/07/2003 02/27/2003 04/18/2003 07/01/2003
10/02/2003

1 COMPLAINT [KLL EOD 02/23/1999] (ORIGINAL GCMS ENTRY 1−1) (cnv) (DPB, ). (Entered: 02/23/1999)
2 STIPULATION Requesting Entry of Consent Decree and Supporting Memorandum; [KLL EOD 02/23/1999] (ORIGINAL GCMS ENTRY 2−1) (cnv) (DPB, ). (Entered: 02/23/1999)
3 ORDER Order Granting Parties' Request to Enter the Consent Decree; [KLL EOD 02/25/1999] (ORIGINAL GCMS ENTRY 3−1) (cnv) (DPB, ). (Entered: 02/25/1999)
4 CONSENT Decree; Applies to: DFT Commonwealth Of The Northern Mariana Islands, DFT Governor The Northern Mariana Islands, DFT Commissioner Of The Department Of Public Safet, DFT Secretary Of The Department Of Labor & Immigra, DFT Secretary Of The Department Of Community & Cul, GOVPTF United States Of America [KLL EOD 02/25/1999] (ORIGINAL GCMS ENTRY 4−1) (cnv) (BTC, ). (Entered: 02/25/1999)
5 STATUS report on compliance with the Consent Decree; Filed by: DFT Commonwealth Of The Northern Mariana Applies to: DFT Commonwealth Of The Northern Mariana Islands, DFT Governor The Northern Mariana Islands, DFT Commissioner Of The Department Of Public Safety, DFT Secretary Of The Department Of Labor & Immigration, DFT Secretary Of The Department Of Community & Cultural Affairs [mgm EOD 11/26/1999] (ORIGINAL GCMS ENTRY 5−1) (cnv) (DPB, ). (Entered: 11/26/1999)
6 STATUS report on compliance with the Consent Decree.; Filed by: DFT Commonwealth Of The Northern Mariana [MGM EOD 05/25/2000] (ORIGINAL GCMS ENTRY 6−1) (cnv) (DPB, ). (Entered: 05/25/2000)
7 STATUS report on compliance with the Consent Decree.; Filed by: DFT Commonwealth Of The Northern Mariana [MGM EOD 11/28/2000] (ORIGINAL GCMS ENTRY 7−1) (cnv) (DPB, ). (Entered: 11/28/2000)
8 STATUS report; Filed by: DFT Commonwealth Of The Northern Mariana Applies to: DFT Commonwealth Of The Northern Mariana Islands, DFT Governor The Northern Mariana Islands, DFT Commissioner Of The Department Of Public Safety, DFT Secretary Of The Department Of Labor & Immigration, DFT Secretary Of The Department Of Community & Cultural Affairs [MCM EOD 07/03/2001] (ORIGINAL GCMS ENTRY 8−1) (cnv) (DPB, ). (Entered: 07/03/2001)
9 STIPULATION Notice of Status Conference; Certificate of Service; Filed by: GOVPTF United States Of America [MGM EOD 02/06/2003] (ORIGINAL GCMS ENTRY 8A−1) (cnv) (DPB, ). (Entered: 02/06/2003)
10 NOTICE rescheduling Status Conference from 03/26/03 @ 2pm to 4:30pm the same date; [MCM EOD 02/07/2003] (ORIGINAL GCMS ENTRY 9−1) (cnv) (DPB, ). (Entered: 02/07/2003)
11 NOTICE Rescheduling Status Conference Time from 3/26/03 @ 4:40pm to 8:00 am same date; [MCM EOD 02/27/2003] (ORIGINAL GCMS ENTRY 10−1) (cnv) (DPB, ). (Entered: 02/27/2003)
12 ORDER − Defendants shall continue to have a Consent Decree Coordinator; Filed by: DFT Commonwealth Of The Northern Mariana [MCM EOD 04/18/2003] (ORIGINAL GCMS ENTRY 11−1) (cnv) (DPB, ). (Entered: 04/18/2003)
13 QUARTERLY Status Report for the Period Ending July 1, 2003; Filed by: DFT Commonwealth Of The Northern Mariana [TTP EOD 07/01/2003] (ORIGINAL GCMS ENTRY 12−1) (cnv). (Additional attachment(s): # 1 Status report DOC Part 1 of 1, # 2 Status Report DYS part 1 of 7, # 3 Status Report DYS Part 2 of 7, # 4 Status Report DYS Part 3 of 7, # 5 Status Report DYS Part 4 of 7, # 6 Status Report DYS Part 5 of 7, # 7 Status Report DYS Part 6 of 7, # 8 Status Report DYS Part 7 of 7, # 9 Status Report IDF Part 1 of 2, # 10 Status Report IDF Part 2 of 2, # 11 Status Report RDF Part 1 of 2, # 12 Status Report RDF Part 2 of 2, # 13 Status Report TDF Part 1 of 1) (DPB ). (Entered: 07/01/2003)
14 QUARTERLY Status Report for the Period Ending October 1, 2003; Filed by: DFT Commonwealth Of The Northern Mariana [TTP EOD 10/02/2003] (ORIGINAL

Case: 1:99-cv-17 Document #: <docnum> Filed: <datefiled> Page 4 of 8

12/31/2003 03/17/2004 05/03/2004 07/01/2004 10/01/2004 01/03/2005 04/01/2005 07/01/2005 10/03/2005 01/03/2006
04/03/2006

GCMS ENTRY 13−1) (cnv). (Additional attachment(s) : # 1 DOC, # 2 DYS 1 of 4, # 3 DYS 2 of 4, # 4 DYS 3 of 4, # 5 DYS 4 of 4, # 6 IDF 1 of 2, # 7 IDF 2 of 2, # 8 RDF, # 9 TDF) (DPB). (Entered: 10/02/2003)
15 QUARTERLY STATUS REPORT for the Period Ending January 1, 2004; Filed by: DFT Commonwealth Of The Northern Mariana [TTP EOD 12/31/2003] (ORIGINAL GCMS ENTRY 14−1) (cnv) (DPB, ). (Entered: 12/31/2003)
16 ORDER (Report on Status of Compliance Schedule: 05/01/04, 07/01/04 and 10/01/04; Defendants shall Provide Population Reports for Prison and Detention Facility on the 1st and 15th of Each Month); Filed by: DFT Commonwealth Of The Northern Mariana [TTP EOD 03/17/2004] (ORIGINAL GCMS ENTRY 15−1) (cnv) (DPB, ). (Entered: 03/17/2004)
17 QUARTERLY Status Report for the Period Ending May 1, 2004; [MCM EOD 05/03/2004] (ORIGINAL GCMS ENTRY 16−1) (cnv). (Additional attachment(s): # 1 DOC, # 2 DYS 1 of 2, # 3 DYS 2 of 2, # 4 IDF 1 of 2, # 5 IDF 2 of 2, # 6 RDF, # 7 TDF) (DPB). (Entered: 05/03/2004)
18 QUARTERLY Status Report for the Period Ending July 1, 2004; Filed by: DFT Commonwealth Of The Northern Mariana [TTP EOD 07/01/2004] (ORIGINAL GCMS ENTRY 17−1) (cnv) (DPB, ). (Additional attachment(s): # 1 DOC 1 OF 4, # 2 DOC 2 OF 4, # 3 DOC 3 OF 4, # 4 DOC 4 OF 4, # 5 DYS, # 6 IDF 1 OF 2, # 7 IDF 2 OF 2, # 8 RDF, # 9 TDF) (DPB). (Entered: 07/01/2004)
19 QUARTERLY Status Report for the Period Ending October 1, 2004; Filed by: DFT Commonwealth Of The Northern Mariana [TTP EOD 10/01/2004] (ORIGINAL GCMS ENTRY 18−1) (cnv). (Additional attachment(s): # 1 DOC 1 OF 2, # 2 DOC 2 OF 2, # 3 DYS 1 OF 2, # 4 DYS 2 OF 2) (DPB). (Entered: 10/01/2004)
20 QUARTERLY Status Report for the Period Ending January 1, 2005; Filed by: DFT Commonwealth Of The Northern Mariana [TTP EOD 01/03/2005] (ORIGINAL GCMS ENTRY 19−1) (cnv) . (Additional attachment(s): # 1 DOC 1 OF 2, # 2 DOC 2 OF 2, # 3 DYS 1 OF 2, # 4 DYS 2 OF 2, # 5 Status Report 1) (DPB). (Entered: 01/03/2005)
21 QUARTERLY Status Report for the Period Ending April 1, 2005; Filed by: DFT Commonwealth Of The Northern Mariana Islands [ACH EOD 04/01/2005] (ORIGINAL GCMS ENTRY 20−1) (cnv). (Additional attachment(s): # 1 Attachment 1, # 2 Attachment 2, # 3 DOC 1 OF 2, # 4 DOC 2 OF 2, # 5 DYS 1 OF 2, # 6 DYS 2 OF 2, # 7 TDF) (DPB ). (Entered: 04/01/2005)
22 QUARTERLY Status Report for the Period Ending July 1, 2005; [ACH EOD 07/01/2005] (ORIGINAL GCMS ENTRY 21−1) (cnv). (Additional attachment(s): # 1 DOC 1 0F 2, # 2 DOC 2 0F 2, # 3 DYS 1 OF 2, # 4 DYS 2 OF 2, # 5 RDF, # 6 TDF) (DPB). (Entered: 07/01/2005)
23 Quarterly Status REPORT for the Period Ending October 1, 2005, by Commonwealth of the Northern Mariana Islands. (Attachments: 1−20)(ACH) (Entered: 10/05/2005)
24 Quarterly STATUS REPORT for the Period Ending January 1, 2006, by Commonwealth of the Northern Mariana Islands. (Attachments: (1) Scanned copy of CD (See case file for CD); (2) Department of Corrections 1 of 2 A; (3) Department of Corrections 1 of 2 B; (4) Department of Corrections 2 of 2 A; (5) Department of Corrections 2 of 2 B; (6) Department of Corrections 2 of 2 C; (7) DYS 1 of 2 A; (8) DYS 1 of 2 Aa; (9) DYS 1 of 2 Generator; (10) DYS 1 of 2 Fire Inspection − 1; (11) DYS 1 of 2 Fire Inspection − 2; (12) DYS 1 of 2 Emergency Drills; (13) DYS 1 of 2 SCBA Inspection − 1; (14) DYS 1 of 2 SCBA Inspection − 2; (15) DYS 1 of 2 Food Handlers; (16) DYS 2 of 2; (17) DYS 2 of 2 CHC Menu − 1; (18) DYS 2 of 2 CHC Menu − 2; (19) DYS 2 of 2 CHC Menu − 3; (20) DYS 2 of 2 CHC Menu − 4;(21) DYS 2 of 2 Pest Control; (22) DYS 2 of 2 Saipan Ice − 1; (23) DYS 2 of 2 Saipan Ice −2; (24) DYS 2 of 2 Training; (25) Tinian Detention Facility;(26) Rota Detention Facility)(ACH) (Entered: 01/04/2006)
25 Quarterly STATUS REPORT for the Period Ending April 1, 2006, by Commonwealth of the Northern Mariana Islands. (Attachments: (1) Department of Corrections 1 of 2 A; (2) Department of Corrections 1 of 2 B; (3) Department of Corrections 1 of 2 C; (4)

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10/02/2006 12/28/2006 02/08/2007
04/05/2007 01/16/2008
04/02/2008

Department of Corrections 2 of 2 A; (5) Department of Corrections 2 of 2 B; (6) Department of Corrections 2 of 2 C (7) Department of Corrections 2 of 2 D; (8) DYS 1 of 2; (9) DYS 1 of 2 Generator; (10) DYS 1 of 2 Fire Inspection; (11) DYS 1 of 2 Emergency Drills; (12) DYS 1 of 2 SCBA Inspection − 1; (13) DYS 1 of 2 SCBA Inspection − 2; (14) DYS 1 of 2 Food Handlers; (15) DYS 2 of 2 CHC Menu − 1; (16) DYS 2 of 2 CHC Menu − 2; (17) DYS 2 of 2 CHC Menu − 3; (18) DYS 2 of 2 Training; (19) DYS 2 of 2 Pest Control; (20) DYS 2 of 2 Saipan Ice)(ACH) (Entered: 04/12/2006)
26 Quarterly STATUS REPORT for the Period Ending October 1, 2006, filed by Commonwealth of the Northern Mariana Islands. (Attachments: (1) DOC 1 of 2; (2) DOC 2 of 2; (3) DYS 1 of 3; (4) DYS 1 of 3 − Generator; (5) DYS 1 of 3 − Fire Inspection & Emergency Drill; (6) DYS 2 of 3; (7) DYS 2 of 3 − CHC Menu 1; (8) DYS 2 of 3 − CHC Menu 2; (9) DYS 2 of 3 − CHC Menu 3; (10) DYS 3 of 3)(ACH) (Entered: 10/06/2006)
27 [Initial/Abbreviated] Quarterly STATUS REPORT for the Period Ending January 1, 2007, filed by Commonwealth of the Northern Mariana Islands. (ACH) (Entered: 12/28/2006)
28 QUARTERLY STATUS REPORT for the Period Ending February, 2007, filed by all defendants. (Attachments: #(1) Consent Decree Requirement, Pages 1−25, #(2) Consent Decree Requirement, Pages 26−75, #(3) Consent Decree Requirement, Pages 76−125, #(4) Consent Decree Requirement, Pages 126−150, #(5) Consent Decree Requirement, Pages 151−175, #(6) Consent Decree Requirement, Pages 176−181, #(7) Kagman Juvenile Detention Report Table of Contents, #(8) Memo from DYS Director to AAG, #(9) Declaration of Debra A. Inos, #(10) Consent Decree Requirement 1st Quarter Oct−Dec 2006, #(11) Fire Safety − Safty First, #(12) Generator, #(13) SCBA, #(14) Fire Extinguisher, #(15) Fire Drill Log, #(16) Food Services December 2006, #(17) Food Services November 2006, #(18) Food Services October 2006, #(19) Hygiene & Sanitation, #(20) Saipan Ice − RO, #(21) Security and Protection) (TPM) (Entered: 02/12/2007)
29 Quarterly STATUS REPORT for the Period Ending April 1, 2007, filed by Commonwealth of the Northern Mariana Islands. (ACH) (Entered: 04/05/2007)
30 STATUS REPORT by United States of America. (Attachments: # 1 Supplement Consent Decree−DYS Cover Memo 12.20.07, # 2 Supplement Consent Decree−DYS Generator 12.20.07, # 3 Supplement Consent Decree−DYS Fire Alarm 12.20.07, # 4 Supplement Consent Decree DYS Fire Inspection Serv. Work Order 12.20.07, # 5 Supplement Quarterly Rpt−Melvin Faisai 12.20.07, # 6 Supplement Consent Decree Requirement 4th Qtr Aug−Dec 2007 12.20.07, # 7 Supplement Consent Decree DYS Adv. Exterm. & Pest Control Rpt.−4 pgs. 12.20.07, # 8 Supplement Consent Decree−DYS CHC Menu 10.01−31.07 12.20.07, # 9 Supplement Consent Decree−DYS CHC Menu 11.01−30.07 12.20.07, # 10 Supplement Consent Decree−DYS CHC Menu 12.01−15.07 12.20.07, # 11 Supplement Consent Decree−Emergency Drill 12.16.07 12.20.07, # 12 Supplement Consent Decree−Fire Inspection Sept.−Dec. 2007 12.20.07, # 13 Supplement Consent Decree−DYS Generator−PO 12.20.07, # 14 Supplement Consent Decree−DYS Pest Control PO−2 pgs. 12.20.07, # 15 Supplement Consent Decree−DYS SPN Ice 12.20.07, # 16 Supplement Consent Decree−DYS Training 12.20.07) (Buckingham, Edward) (Entered: 01/16/2008)
31 STATUS REPORT by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Supplement Quarterly Status Report for Period Ending April 1, 2008, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement, # 6 Supplement, # 7 Supplement, # 8 Supplement, # 9 Supplement, # 10 Supplement, # 11 Supplement, # 12 Supplement, # 13 Supplement, # 14 Supplement, # 15 Supplement, # 16 Supplement, # 17 Supplement, # 18 Supplement, # 19 Supplement, # 20 Supplement, # 21 Supplement, # 22 Supplement, # 23 Supplement, # 24 Supplement, # 25 Supplement, # 26 Supplement, # 27 Supplement, # 28 Supplement, # 29 Supplement, # 30 Supplement, # 31 Supplement, # 32 Supplement, # 33 Supplement, # 34 Supplement, # 35 Supplement, # 36 Supplement, # 37 Supplement, # 38 Supplement, # 39 Supplement, # 40 Supplement, # 41 Supplement, # 42 Supplement, # 43 Supplement, # 44 Supplement, # 45 Supplement, # 46 Supplement, # 47 Supplement, # 48 Supplement, # 49 Supplement, # 50 Supplement, # 51 Supplement, #

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10/03/2008 01/27/2009 05/15/2009 06/04/2009 07/03/2009
07/06/2009 10/01/2009 10/06/2009 10/06/2009 03/05/2010 04/05/2013 04/18/2013 04/25/2013

52 Supplement, # 53 Supplement, # 54 Supplement, # 55 Supplement, # 56 Supplement, # 57 Supplement, # 58 Supplement, # 59 Supplement, # 60 Supplement, # 61 Supplement, # 62 Supplement, # 63 Supplement, # 64 Supplement, # 65 Supplement, # 66 Supplement, # 67 Supplement, # 68 Supplement, # 69 Supplement, # 70 Supplement, # 71 Supplement, # 72 Supplement, # 73 Supplement, # 74 Supplement, # 75 Supplement, # 76 Supplement, # 77 Supplement, # 78 Supplement, # 79 Supplement, # 80 Supplement, # 81 Supplement, # 82 Supplement, # 83 Supplement, # 84 Supplement, # 85 Supplement, # 86 Supplement, # 87 Supplement, # 88 Supplement, # 89 Supplement, # 90 Supplement, # 91 Supplement, # 92 Supplement, # 93 Supplement, # 94 Supplement, # 95 Supplement, # 96 Supplement, # 97 Supplement, # 98 Supplement, # 99 Supplement, # 100 Supplement, # 101 Supplement, # 102 Supplement, # 103 Supplement, # 104 Supplement, # 105 Supplement, # 106 Supplement, # 107 Supplement, # 108 Supplement, # 109 Supplement, # 110 Supplement, # 111 Supplement, # 112 Supplement, # 113 Supplement, # 114 Supplement, # 115 Supplement, # 116 Supplement, # 117 Supplement, # 118 Supplement, # 119 Supplement, # 120 Supplement, # 121 Supplement, # 122 Supplement, # 123 Supplement, # 124 Supplement, # 125 Supplement, # 126 Supplement, # 127 Supplement, # 128 Supplement, # 129 Supplement, # 130 Supplement, # 131 Supplement, # 132 Supplement, # 133 Supplement, # 134 Supplement, # 135 Supplement, # 136 Supplement, # 137 Supplement, # 138 Supplement) (Buckingham, Edward) (Entered: 04/02/2008)
32 STATUS REPORT Quarterly Status Report for the Period Ending October 1, 2008 by Commonwealth of the Northern Mariana Islands. (Buckingham, Edward) (Entered: 10/03/2008)
33 STATUS REPORT Quarterly Status Report for Period Ending January, 2009 by Commonwealth of the Northern Mariana Islands. (Buckingham, Edward) (Entered: 01/27/2009)
34 ORDER Setting Status Conference. Status Conference is set for 6/2/2009 08:00 AM in Chambers before Chief Judge Alex R. Munson. Signed by Chief Judge Alex R. Munson on 05/15/2009. (TVW) (Entered: 05/15/2009)
35 Findings and ORDER. Signed by Chief Judge Alex R. Munson on 06/04/09. (ACH) (Entered: 06/04/2009)
36 RESPONSE filed by Commonwealth of the Northern Mariana Islands Medical and Other Information Responsive to June 4, 2009 Court Order and Request to Reschedule Next Status Conference to September 9, 2009 8:00 a.m. (Saipan Tiime). (Buckingham, Edward) (Entered: 07/03/2009)
37 ORDER Rescheduling Status Conference. Status Conference is set for 9/9/2009 08:00 AM in Chambers before Chief Judge Alex R. Munson.Signed by Chief Judge Alex R. Munson on 07/06/09. (TVW) (Entered: 07/06/2009)
38 Findings and ORDER. Signed by Chief Judge Alex R. Munson on 10/01/09. (ACH) (Entered: 10/01/2009)
39 MOTION Status Hearing be Conducted on the Record re 38 Order & Request for Co−Counsel to Attend Hearing Via Teleconference Mikel W. Schwab appearing for Plaintiff United States of America (Schwab, Mikel) (Entered: 10/06/2009)
40 ORDER Granting 39 Motion for Status Hearing to be Conducted on the Record and for Co−Counsel to Attend Hearing Via Teleconference. Signed by Chief Judge Alex R. Munson on 10/06/2009. (TVW) (Entered: 10/06/2009)
41 NOTICE by United States of America of Filing Joint Status Report (Attachments: # 1 Exhibit Joint Status Report) (Schwab, Mikel) (Entered: 03/05/2010)
42 NOTICE of Appearance by Teresita Sablan on behalf of All Defendants (Sablan, Teresita) (Entered: 04/05/2013)
43 NOTICE of Appearance by Jeffrey Murray on behalf of United States of America (Murray, Jeffrey) (Entered: 04/18/2013)
44 First MOTION for Hearing (Joint Motion for Status Hearing) Teresita Sablan appearing for Defendant Commonwealth of the Northern Mariana Islands (Sablan,

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04/25/2013 04/25/2013 05/24/2013 05/28/2013 05/28/2013 05/29/2013 05/29/2013 06/17/2013 06/17/2013 06/17/2013 06/17/2013 06/17/2013
06/18/2013 06/18/2013 10/07/2013
10/08/2013
12/03/2013 12/04/2013

Teresita) (Entered: 04/25/2013)
Set/Reset Hearings: re 44 Status Conference set for 5/30/2013 08:30 AM in Courtroom 101 before Chief Judge Ramona V. Manglona. (BTC) (Entered: 05/17/2013)
Terminate Motion: 44 Motion for Hearing, filed by Plaintiff. (TPM) (Entered: 02/18/2014)
45 MOTION Request for Plaintiff's Attorneys to Attend Hearing Via Teleconference Jessica F. Cruz appearing for Plaintiff United States of America (Cruz, Jessica) (Entered: 05/24/2013)
Set/Reset Hearings: Status Conference set for 5/30/2013 is rescheduled to 6/17/2013 09:00 AM in Courtroom 101 before Chief Judge Ramona V. Manglona. (ACH) (Entered: 05/28/2013)
46 MOTION Request for Plaintiff's Attorneys to Attend Hearing Via Teleconference Jessica F. Cruz appearing for Plaintiff United States of America (Cruz, Jessica) (Entered: 05/28/2013)
47 ORDER Granting 46 Reques for Plaintiff's Attorneys to Attend Hearing via Teleconference. Signed by Chief Judge Ramona V. Manglona on 5/29/2013. (TVW) (Entered: 05/29/2013)
Terminate Motion: 45 Request for Plaintiff's Attorneys to Attend Hearing via Teleconference. (TPM) (Entered: 02/18/2014)
48 STATUS REPORT Consent Decree by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit Exh A, # 2 Exhibit Exh B, # 3 Exhibit Exh C) (Sablan, Teresita) (Entered: 06/17/2013)
49 STATUS REPORT [Exh. C to Status Report] by Commonwealth of the Northern Mariana Islands. (Sablan, Teresita) (Entered: 06/17/2013)
50 STATUS REPORT [Exh E to Status Report] by Commonwealth of the Northern Mariana Islands. (Sablan, Teresita) (Entered: 06/17/2013)
51 STATUS REPORT [Exh G to Status Report] by Commonwealth of the Northern Mariana Islands. (Sablan, Teresita) (Entered: 06/17/2013)
54 Minute Entry for proceedings held before Chief Judge Ramona V. Manglona: Status Conference held on 6/17/2013. Status Conference set for 10/8/2013 08:30 AM in Courtroom 101 before Chief Judge Ramona V. Manglona. (Court Reporter FTR) (TPM) (Entered: 06/18/2013)
52 Exhibit H To Consent Decree Status Report by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit H) (BTC) (Entered: 06/18/2013)
53 AMENDED STATUS REPORT by Commonwealth of the Northern Mariana Islands.(Attachments: (1) Exhibit A, (2) Exhibit B, (3) Exhibit C, (4) Exhibit D, (5) Exhibit E, (6) Exhibit F, (7) Exhibit G) (BTC) (Entered: 06/18/2013)
55 STATUS REPORT by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit A −− Public Law No. 18−18, # 2 Exhibit B −− JDU Policy No. 4.22, # 3 Exhibit C −− Declaration of Capt. Cabrera) (Sablan, Teresita) (Entered: 10/07/2013)
56 Minute Entry for proceedings held before Chief Judge Ramona V. Manglona: Status Conference held on 10/8/2013. Status Conference set for 12/3/2013 08:30 AM in Courtroom 101 before Chief Judge Ramona V. Manglona. (Court Reporter FTR) (TPM) (Entered: 10/08/2013)
Set/Reset Hearings: re 56 Status Conference set for 12/6/2013 08:30 AM in Courtroom 101 before Chief Judge Ramona V. Manglona. (BTC) (Entered: 12/03/2013)
57 MOTION Request for Plaintiff's Attorney to Attend Hearing Via Teleconference Jeffrey Murray appearing for Plaintiff United States of America (Murray, Jeffrey) (Entered: 12/04/2013)

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12/04/2013 12/06/2013
01/15/2014 01/15/2014 01/15/2014 01/27/2014 01/30/2014
01/30/2014 04/30/2014
04/30/2014 05/15/2014
05/15/2014 05/20/2014

ORDER granting 57 Motion for Plaintiff's Attorney to Attend Hearing Via Teleconference. Ordered by Chief Judge Ramona V. Manglona on 12/04/13. (ACH) (Entered: 12/04/2013)
58 MINUTE Entry for proceedings held before Chief Judge Ramona V. Manglona: Status Conference held on 12/6/2013. Status Conference set for 1/16/2014 08:30 AM in Courtroom 101 before Chief Judge Ramona V. Manglona. (Court Reporter FTR). (ACH) (Entered: 12/06/2013)
59 Joint MOTION to Continue Status Conference Jeffrey Murray appearing for Plaintiff United States of America (Murray, Jeffrey) (Entered: 01/15/2014)
60 ORDER Granting Joint Motion to Continue Status Conference re: 59 . Signed by Chief Judge Ramona V. Manglona on 01/15/2014. (BTC) (Entered: 01/15/2014)
Set/Reset Hearings: re 60 Status Conference set for 01/16/2014 is continued to 1/30/2014 08:30 AM in Courtroom 101 before Chief Judge Ramona V. Manglona. (BTC) (Entered: 01/15/2014)
61 MOTION for Order Terminating the Consent Decree Teresita Sablan appearing for Defendant Commonwealth of the Northern Mariana Islands (Sablan, Teresita) (Entered: 01/27/2014)
62 MINUTE Entry for proceedings held before Chief Judge Ramona V. Manglona: Status Conference held on 1/30/2014. Court ordered parties to submit a final report no later than 4/30/2014. Hearing on Joint Motion to Terminate set for 5/15/2014 08:30 AM in Courtroom 101 before Chief Judge Ramona V. Manglona. (Court Reporter: FTR) (DPB) (Entered: 01/30/2014)
63 ORDER RE: 61 Joint Motion to Terminate Consent Decree. Signed by Chief Judge Ramona V. Manglona on 01/30/2014. (DPB) (Entered: 01/30/2014)
64 STATUS REPORT Final Joint Consent Decree Report by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit A − Certifications, # 2 Errata B − Planning, # 3 Exhibit C − Rota, # 4 Exhibit D − Tinian, # 5 Exhibit E − Fire Safety, # 6 Exhibit E (part 2) − Fire Safety) (Sablan, Teresita) (Entered: 04/30/2014)
65 STATUS REPORT Exhibits F through H by Commonwealth of the Northern Mariana Islands. (Attachments: # 1 Exhibit G − Medical Care, # 2 Exhibit H − Security and Protection from Harm) (Sablan, Teresita) (Entered: 04/30/2014)
66 Minute Entry for proceedings held before Chief Judge Ramona V. Manglona: Motion Hearing held on 5/15/2014 re 61 Joint Motion to Terminate Consent Decree, filed by Commonwealth of the Northern Mariana Islands. (Court Reporter PAG) (TPM) (Entered: 05/15/2014)
Terminate Motion: 61 Joint Motion to Terminate Consent Decree. (TPM) (Entered: 05/15/2014)
67 ORDER Granting Joint Motion to Terminate Consent Decree. Signed by Chief Judge Ramona V. Manglona on 05/20/2014. (BTC) (Entered: 05/20/2014)

 
 Guam finding

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The Honorable Pedro P. Tenorio Governor of Northern Mariana Islands Saipan, MP 96950
Re: Correctional Facilities of the Commonwealth of the Northern Mariana Islands
Dear Governor Tenorio:
On April 10, 1998, we notified you of our intent to investigate conditions at the Correctional Facilities 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., and 42 U.S.C. § 14141. On April 22 to 24, 1998, we conducted an on-site inspection of six CNMI facilities with expert consultants in environmental safety and corrections: the prison on Saipan, the detention facility on Saipan, the Kagman Youth Facility on Saipan, the immigration detention facility on Saipan, the detention facility on Tinian, and the detention facility on Rota. In addition to our on-site inspections, our investigation included interviews with facility staff, prisoners, and detainees. We also reviewed various documents, including policies and procedures, booking records, incident reports, and medical records. Consistent with the statutory requirements of CRIPA, we write to advise you of the findings of our investigation.
As an initial matter, we commend the staff of the Attorney General's office and the facilities we inspected for their professional conduct throughout the course of the investigation. These individuals have cooperated fully with our investigation and have provided us with substantial assistance.
Based on our investigation, and as described more fully below, we conclude that certain conditions at the facilities we investigated violate the constitutional rights of convicted inmates, pretrial detainees, and juveniles. More specifically, we find that persons confined in these facilities risk serious injury or death from deficient fire safety, unhealthy and insanitary conditions of confinement, and deficient security and protection from harm.
Notwithstanding these serious deficiencies, there are several positive and noteworthy aspects to the operations of these facilities. First, their staffs are committed and professional. They openly discussed operations of their facilities, frequently asked insightful questions, and expressed a willingness to correct any deficiencies. Second, at the Kagman juvenile facility, our review of records indicated that staff develop and act on basic and critical information collected through their contact with the juvenile detainees. This facility also had a good policies and procedures manual and well maintained and completed admissions forms, incident reports, log books, and other files. Finally, you and the CNMI officials with whom we met, many of whom are newly appointed to their positions, have pledged to support remedying deficient conditions at these facilities.
I. LEGAL FRAMEWORK
The constitutional law governing conditions of confinement for inmates and juveniles has two sources: the Eighth and Fourteenth Amendments. With respect to prisoners who have been convicted of criminal offenses, the Eighth Amendment's ban on cruel and unusual punishment governs all aspects of

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conditions discussed here. The Eighth Amendment "imposes duties on [prison] officials, who must provide humane conditions of confinement; prison officials must ensure that inmates receive adequate food, clothing, shelter, and medical care." Farmer v. Brennan, 511 U.S. 825, 832 (1994). Pretrial detainees "retain at least those constitutional rights . . . enjoyed by convicted prisoners." Bell v. Wolfish, 441 U.S. 520, 545 (1979). With respect to pretrial detainees, the Fourteenth Amendment prohibits conditions or practices not reasonably related to the legitimate governmental objectives of safety, order, and security. Id. Pretrial detainees have not been convicted and, therefore, may not be punished.
Further, detained children have constitutional rights to adequate shelter, medical care, mental health treatment, and protection from harm. See Youngberg v. Romeo, 457 U.S. 307, 315, 324 (1982). In addition, rehabilitative treatment must be provided. Gary H. v. Hegstrom, 831 F.2d 1430 (9th Cir. 1987); Alexander S. v. Boyd, 876 F.Supp. 773, 796 (D.S.C. 1995).
II. SAIPAN PRISON AND DETENTION COMPLEX
The Saipan prison is a multi-building complex of single-level buildings with varying housing configurations. The primary housing unit consists of three cellblocks: Cellblock A has 16 two-person cells holding 29 prisoners and one pretrial detainee; Cellblock B contains five two-person cells holding five prisoners; Cellblock C contains three two-person cells holding five prisoners and one pretrial detainee. Each cellblock has adjoining day space with access to outdoor recreation areas. Cell doors are routinely left open during waking hours. The facility also has a segregation housing unit consisting of eight cells. On the day of our inspection, this facility housed six pretrial detainees. Women are housed in a Female Unit with a capacity for eight inmates, although only two were confined there on the day of our inspection. Finally, the prison has a halfway house housing 25 inmates in a spatially dense and crowded wood frame building outside of the main prison compound.
The Saipan detention facility consists of an antiquated building attached to the main prison complex. This facility has a single multi-bed holding cell and an L-shaped corridor of double-bunk cells without sinks or toilets.
A. Fire Safety: Lack of adequate fire safety protections and training is threatening the lives of the prisoners and detainees and violating their constitutional rights. The prison and detention facility lack fire alarms, smoke detectors, and sprinklers. Exits are not marked with signs. The mattresses are polyurethane foam, which gives off toxic gasses when burned, and not fire-resistant. The facilities lack an intercom system to alert staff, prisoners, or detainees of emergencies. The facilities also lack a generator to provide emergency power.
Cells are keyed with individual locks without common keys. This is particularly dangerous in the jail where detainees are confined to their cells. One jail cell was secured with a pair of handcuffs. Likewise, egress doors are also individually keyed. And, not all egress doors can be opened from the outside; some egress doors are double locked with bolts that can only be opened from the inside of the building. In the event of a fire, prisoners and detainees could suffer serious injury or death due to delays in opening cell and egress doors to evacuate the prisoners and detainees. This risk is increased by the fact that staff lack necessary evacuation equipment such as self-contained breathing apparatus that would permit staff to enter a smoke-filled room and rescue prisoners or detainees.
Once evacuated from the building, prisoners and detainees cannot get sufficiently far away from the buildings that they could escape injury from the burning or smoking structure. In some instances,

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locking gates prevent prisoners and detainees from seeking safe refuge at least fifty feet from the building. In other instances, the perimeter fence is too close to the building to permit an appropriate refuge area.
Nor are staff properly trained for a fire emergency. Staff do not receive fire safety training nor do they conduct fire drills. The prison and detention facility lack an adequate emergency operations plan.
Of particular concern is the wood structure currently used as a halfway house. This structure lacks a fire alarm and smoke detector system, is unsprinkled, overcrowded, and has a high combustible load of sheets, towels, and personal items. Numerous fans and other electrical equipment have exposed live wires, and extension cords web the overhead spaces and floors. The emergency lights do not work. Prisoners are allowed to smoke in this building. This halfway house presents a very serious risk of injury or death from fire.
B. Electrical Safety: Electrical hazards are threatening the lives of prisoners and detainees and violating their constitutional rights. Our investigation revealed numerous exposed electrical contacts on light fixtures and ceiling fans. Such contacts could shock individuals or start a fire. Live electrical wires are wrapped around window bars. Many light fixtures have exposed bulbs. The facility is laced with worn electrical wires and extension cords that are unprotected and unsecured. The facilities' main electrical panel lacks a cover, thereby exposing the contacts therein to accidental contact and shock hazard. This panel had several "thrown" breakers, and has suffered water damage. Cellblock C has a surface mounted electrical wire within the shower area. There is an open ground in the outlet near the sink in the rear of the halfway house.
C. Health and Sanitation: Poor sanitation threatens the health of prisoners and detainees. Many toilets and sinks lack running water and prisoners and detainees must draw water from faucets into a bucket to flush toilets and wash their hands. On the date of our visit, few if any of the toilets would flush. Sinks and showers generally lack hot water. The showers throughout the facility are in poor repair and covered with mold and mildew. These unsanitary conditions are exacerbated in Cellblock A where twenty-nine prisoner share a single shower. Faucets had hoses attached to them without being fitted with vacuum breakers to prevent back-siphonage and contamination of the potable water supply. In addition, inmates were sleeping on insanitary mattresses with soiled cloth covers.
The facilities also present an unacceptable risk of transmitting contagious diseases. They lack proper forced fresh air ventilation to remove microbes and other possible contaminants from the air. Individuals are provided no medical screening if they are to be detained for less than fifteen days. Individuals are not given tuberculosis tests when they enter the facility, and may have to wait six months for such tests. The results of the tests that were performed indicate that the individuals in the facilities are at risk of contracting tuberculosis: seven inmates had positive reactions and were awaiting chest x-rays and 35 inmates were on tuberculosis treatment regimens. Staff were also unprepared to address and prevent the spread of blood-borne pathogens such as HIV.
In several parts of the facilities, lighting was missing or totally inadequate. Adequate lighting is necessary to maintain hygiene, allow individuals to safely move around the facilities, and to prevent eyestrain. Lighting in most cells and grooming areas registered only five foot-candles, well below the twenty foot-candles recommended by most experts. The detention facility housing area lacks any source of artificial lighting, and therefore is lit only by the sunlight that infiltrates through the windows and doors during daylight hours.

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D. Other Environmental Safety Deficiencies: Our investigation found several miscellaneous environmental health deficiencies that could result in injury to individuals confined in these facilities. Kitchen and food service areas lack hot water for washing hands and utensils. The catering company's refrigerator and freezer lacked thermometers, and food in the freezer was not properly frozen. The utensils used to cook food in Cellblock C were not properly washed and sanitized. These food service deficiencies could result in serious injury from food poisoning.
Prescribed medications are dispensed by corrections officers who are not trained to dispense medications, identify potential side effects, and adequately respond should an individual suffer an adverse reaction. Medications should be dispensed by qualified medical professionals. The facilities also failed to provide special medical diets to individuals as ordered by a physician.
Blade guards have been removed from many fans. This presents a risk of injury to staff and prisoners. The facilities also lacked a pest control program and screens on doors and windows to minimize pests such as flies and other insects we observed in the buildings.
E. Security & Protection from Harm: The Saipan prison and detention facility are antiquated and dilapidated. In addition to the environmental safety concerns detailed above, the perimeter fencing is inadequate to keep individuals confined and secure in these facilities, as several recent escapes demonstrate. The facilities do not have video camera or intercom surveillance, and, due to poor design of the facility, guards lack proper sight and sound supervision of the prisoners and detainees. Prisoners and detainees roam freely about the complex, entering the unsecured outdoor visiting area with open access to the parking lot. These conditions promote the possession of contraband such as drugs or weapons. This situation is compounded by the fact that the facilities lack proper tool and utensil control procedures; particularly for the woodworking tools in the wood shop. The unsupervised prisoners and detainees could inflict injuries on others.
These deficiencies are exacerbated by the fact that pretrial detainees are not classified to assess their criminal history and predisposition to violence or other conflict. Nor are pretrial detainees adequately screened for suicide risk. This deficiency in classification and assessment affects both the prison and jail because the prison facility houses pretrial detainees with prisoners. Once convicted, however, the prison acceptably classifies prisoners.
The complex lacks an adequately secure maximum custody housing area. It also lacks dedicated housing for special management inmates, such as those requiring protective custody or mental health care. These housing units are necessary to protect prisoners and detainees by isolating predators and removing vulnerable inmates from the population.
Finally, the prison is operating at or near its safe capacity. A substantial increase in the sentenced or pretrial populations will have an adverse effect on the safety of staff and persons confined in the facilities.

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III. TINIAN DETENTION FACILITY
The Tinian Detention Facility is comprised of three cells without sinks or toilets. One cell doubles as the television room. The single bathroom has one toilet and is located away from the cells such that access to it requires inmates to pass through civilian occupied office space. There is an adjoining but separate holding cell for juveniles, but no separate holding facility for females. Staff coverage is provided by available patrol officers; the facility lacks detention officers assigned exclusively to the facility. Although the facility is designated as a less than 24-hour temporary holding facility, pretrial detainees and even prisoners are confined there for weeks and months.
A. Fire Safety: Persons confined in the Tinian Detention Facility face a serious risk of injury or death from fire or smoke. The facility lacks a fire alarm or smoke detector. There is no sprinkler system. The cells are individually padlocked with individual keys. Furniture in the facility is torn and exposes foam filling that would emit toxic smoke in a fire. Likewise, the mattresses are filled with foam that would emit toxic gasses in a fire. Flammable chemicals were stored in the juvenile holding area. There is no intercom or video camera to permit observation of the cells and notify staff of smoke or a fire. Detention facility staff do not conduct fire drills, and do not have fire or other emergency procedures. The facility lacks self-contained breathing apparatus to permit staff to enter smoke-filled facility and unlock the padlocked doors. Moreover, in the event of a fire, the staffing of this facility by patrol officers who are not assigned exclusively to the detention facility, renders staff unable to respond properly to a fire and unable to properly evacuate inmates.
B. Electrical Safety: Persons confined in the Tinian Detention Facility face a serious risk of injury or death from electrical hazards. Electrical wires are strung loose throughout the facility. Wires passing through doorways, windows, and rooms are unsecured and exposed thus creating a risk of shock or fire. Detention officials have been aware of this problem for some time, and have requested the funds to remedy this problem.
C. Health and Sanitation: Poor sanitation threatens the health of detainees confined in this facility. At the time of our inspection the detainees' food was stored before serving in a manner that facilitated the growth of dangerous bacteria. Showers and sinks provided only cold water, which is inadequate for hygiene and other cleaning purposes. The facility showed signs of rodent activity. The windows lack screens to keep out insects and other pests. Hazardous chemicals were stored in accessible areas of the juvenile cell. The facility also lacked forced air ventilation which is necessary to minimize the spread of contagious diseases such as tuberculosis.
D. Security and Protection from Harm: Staff in the Tinian Detention Facility cannot properly supervise detainees due to irregular staffing, the facility's design, and the lack of two-way audible communication equipment, surveillance cameras, or other equipment that would permit the patrol officers to monitor activities in the housing area. Because of the remote location of the toilet, detainees either wander through unsecured offices without supervision or require the supervision of a staff-member, which then leaves the detention facility inadequately supervised. Classification forms do not contain sufficient information to properly classify detainees, especially considering that many detainees are confined in the facility for weeks and months. This lack of classification and supervision presents a real danger of detainee-on-staff or detainee-on-detainee injury. The facility also lacks cells where staff can directly supervise detainees in need of constant supervision, such as suicidal detainees. In fact, we were informed by facility staff that an inmate committed suicide in this facility in 1994. These problems will

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only be exacerbated as the detention facility's population increases both in number and degree of dangerousness as the new casino opens on the island.
IV. ROTA DETENTION FACILITY
Like the facility in Tinian, the Rota Detention Facility has three cells with the sink and toilet located in a separate part of the building. The Rota facility, too, is designed as a short-term 24-hour holding facility, but the three individuals confined there during our inspection had been there for two months, six months, and nine months. One cell is designated for direct supervision, but cannot be properly monitored because of its solid door. The facility has held as many as 21 detainees in these three cells.
A. Fire Safety: Persons confined in the Rota Detention Facility face a serious risk of injury or death from fire or smoke. The facility lacks a fire alarm or smoke detector. There is no sprinkler system. The cells are individually locked with individual keys. Furniture in these facilities have foam filling that would emit toxic smoke in a fire. Likewise, the mattresses are filled with foam that would emit toxic gasses in a fire. There is no intercom or video camera to permit observation of the cells and provide notification to staff of smoke or fire. The facility lacks self-contained breathing apparatus to permit staff to enter a smoke-filled facility and unlock the individually keyed doors. Although the facility is staffed for eight hours during the day, irregular staffing of the facility by patrol officers at other hours provides inadequate supervision to detect a fire, renders staff unable to respond properly to a fire, and unable to properly evacuate inmates. Detention facility staff do not conduct fire drills, and do not have fire or other emergency procedures. Electrical wires run throughout the facility, thereby creating an electric shock and fire hazard. The facility does not have an emergency power generator maintenance program and log book.
B. Health and Sanitation: Poor sanitation threatens the health of detainees confined in this facility. Shower tiles are cracked and missing, and floors and walls need repair, thus making these surfaces impossible to clean adequately. The facility also lacks forced air ventilation which is necessary to minimize the spread of contagious diseases such as tuberculosis. This is particularly important as detainees are often held for several days without necessary medical evaluations.
C. Security and Protection from Harm: As in Tinian, staff in the Rota Detention Facility cannot properly supervise detainees due to irregular staffing, the facility's design, and the lack of two-way audible communication equipment, surveillance cameras, or other equipment that would permit the patrol officers to monitor activities in the housing area. Because of the remote location of the toilet, detainees either wander through unsecured offices without supervision or require the supervision of a staffmember, which then leaves the detention facility inadequately supervised. Classification forms do not contain sufficient information to properly classify detainees, especially considering that many detainees are confined in the facility for weeks and months. This lack of supervision presents a real danger of detainee on staff or detainee on detainee injury.
V. IMMIGRATION DETENTION FACILITY
The Immigration Detention Facility is a single-story facility with three housing units, two for males and

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one for females, with 24 beds each. Each housing unit is divided into small rooms housing three to four detainees in bunk beds. The facility has no indoor common space but does have a small outdoor recreation yard. The facility is staffed by a guard at a fixed station at the entrance of each housing unit, and by staff in an office isolated from the housing units.
A. Fire Safety: Persons confined in the Immigration Detention Facility face a serious risk of injury or death from fire or smoke. The facility is equipped with several partially functioning single-unit batteryoperated smoke detectors. It lacks a central fire alarm, and many of the smoke detectors were low on power, or had been removed. For example, in male unit two, there were originally five smoke detectors, but only one was still in place. There is no sprinkler system. The cells are locked with individual keys. The mattresses are filled with foam that would emit toxic gasses in a fire. All fire extinguishers in the facility indicated low pressure (5 units) and some had broken tamper seals. There is no intercom or video camera to permit observation of the cells and provide notification to staff of smoke or fire. The facility lacks self-contained breathing apparatus to permit staff to enter a smoke-filled facility and unlock the individually keyed doors. As with the other facilities, the staff does not have a fire or other emergency plan, and does not conduct fire drills. The facility lacks adequate fire exits; there is only one exit from the building, from a gate at one end of the facility. The facility also lacks a safe fire refuge area, located at least 50 feet from the building with 6 square feet per inmate bed. The facility does not have an emergency generator to operate emergency lights and other equipment. These deficiencies, and the layout of the facility, render staff unable to detect a fire, respond properly, and evacuate inmates. In particular, if the staff assigned to the fixed guard station at the entrance of each unit were not there, other staff could not detect a fire, even if the single-unit smoke detectors were to sound.
B. Health and Sanitation: Poor sanitation is threatening the health of detainees confined in this facility. The detainees' food was stored before serving in a manner that facilitated the growth of dangerous bacteria. Detainees are not provided with hot water which is necessary for proper hygiene. Detainees are provided inadequate health screening to detect whether they have communicable diseases, such as tuberculosis.
C. Security and Protection from Harm: The fixed guard station at the door of each housing unit does not permit direct observation of the detainees. The facility also lacks two-way audible communication and surveillance cameras. Guards at the fixed station cannot properly detect and intervene in acts of detainee on detainee or detainee on staff violence or other predation. This lack of adequate supervision could lead to staff being unaware of serious injury or other illegal activities.
VI. KAGMAN YOUTH FACILITY
The Kagman Youth Facility is a single story building with a holding cell, four rooms for male juveniles, and three rooms for female juveniles. A corridor separates the female cells from the male cells, and the sexes share a common activity room. The facility generally holds four to twelve juveniles.
A. Fire Safety: Persons confined in the Kagman Youth Facility face a serious risk of injury or death from fire or smoke. The facility lacks a fire alarm and adequate smoke detectors, and the single-unit battery-powered smoke detector in the dining area was not functioning. Nor does the facility have sprinklers. The cells are locked with individual keys, thus requiring significant time to unlock the cells

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in the event of a fire. The exit doors are also locked with individual keys. The mattresses are filled with foam that would emit toxic gasses in a fire. The clothes dryers had a significant amount of lint buildup, which is highly flammable, and were missing their lint traps. The fire extinguisher in the kitchen indicated low pressure and had a broken tamper seal. There is no intercom or video camera to permit observation of the cells and provide notification to staff of a smoke or a fire. There are no emergency lights or exit signs. The facility lacks a self-contained breathing apparatus to permit staff to enter a smoke-filled facility and unlock the individually keyed doors. The facility also lacks an emergency generator, to power the emergency lights and alarms in the event of a power loss. As with the other facilities, the staff does not have a fire or other emergency plan, and does not conduct fire drills.
B. Health and Sanitation: Poor sanitation is threatening the health of juveniles confined in this facility. Utensils used to prepare food at this facility are not properly sanitized in the two compartment sink. In addition, the facility does not have hot water for cleaning food utensils, general cleaning of the facility, or for personal hygiene. The facility also lacks the proper lighting in the cells and hallways that is necessary for proper hygiene, physical safety, and to prevent eyestrain. The sink in one lavatory was dislodged from the wall and resting on the floor. The sewage system relies on a poorly functioning septic system; the toilets are slow to flush and back-up. The facility also lacks forced air ventilation to provide fresh air and to reduce the spread of communicable diseases. Some of the facility's windows lack screens, and ants and other insects were noted in the facility.
C. Security and Protection from Harm: The classification forms we reviewed indicate staff develop and properly act on information necessary to properly classify and manage the juveniles in this facility. However, our review of the incident logs indicates a recurring problem with maintaining the separation of male and female detainees. This problem is largely due to the design of the facility. The facility's holding cell is secured with a barred gate that creates a risk of suicide by providing a hanging point for suicidal juveniles. In addition, staff cannot maintain adequate sight and sound supervision of intoxicated or suicidal juveniles confined in this holding cell.
VII. RECOMMENDED REMEDIAL MEASURES
In order to remedy the cited deficiencies and to protect the constitutional rights of the persons confined in the CNMI's prison and detention facilities, and the constitutional and statutory rights of the juveniles confined in the Kagman Youth Facility, the CNMI should implement, at a minimum, the following measures:
A. Fire Safety:
1. Install an integrated smoke detection system with a fire alarm in each of these facilities. This system should directly alert the fire department and a central command post at each facility that is staffed 24 hours per day, seven days a week. This system should be tested monthly and repaired as necessary.
2. Use only approved fire-retardant or fire-resistant furniture, mattresses, and pillows. Remove all polyurethane filled mattresses, pillows, furniture, and other items.

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3. Repair or remove all electrical hazards, including exposed contacts, wires wrapped around window bars, extension cords in shower areas, makeshift and improperly secured wiring, extension cords and other wiring running along the outside ground, water-damaged and uncovered electrical panels, open grounds, and other hazards.
4. Install an automatic fire sprinkler system.
5. Provide common-key unlocking cell and ingress/egress doors. These keys should be easily identifiable by sight and touch. Egress doors must unlock from both the inside and outside.
6. Install exit signs and functioning emergency lighting in all common areas and hallways.
7. Provide two self-contained breathing apparatus for each facility to enable staff to safely enter and evacuate smoke-filled areas. Staff should be trained in the use of this equipment. Also, this equipment should be regularly tested and serviced.
8. Develop a fire and other emergency plan to guide staff in promptly and safely responding to foreseeable emergencies.
9. Conduct and document regular fire drills that involve the participation of staff and persons confined in the institution.
10. Install and maintain an emergency generator to power the emergency lights, smoke detectors, fire alarm, and other systems in the event of a power outage.
11. Provide regular fire-safety training to all staff and inmates.
12. Provide a safe fire/smoke refuge area for each facility. This area should be at least 50 feet away from the facility and provide at least six square feet of space per inmate.
13. Stop housing persons in the wood-framed halfway house. Until a suitable alternative space is provided, immediately remove all combustibles, cease all cooking, and repair or remove all electrical hazards from this facility.
14. Ensure all facilities have adequate numbers of fire extinguishers. Ensure these fire extinguishers are properly charged and regularly inspected and maintained.
15. Provide at least one person at all times to staff each facility. This individual must be able to detect a fire or smoke and safely evacuate the facility.
16. Remove unnecessary combustible materials from all facilities, including excess sheets, towels, papers, and lint. Necessary combustibles should be stored in fire-retardant containers.
B. Health and Sanitation:
1. Provide food warmers and insulated containers for food transportation to ensure that hot food temperatures are maintained at a temperature sufficient to prevent the growth of dangerous bacteria.
2. Ensure refrigerators and freezers are properly functioning, tested, and serviced to keep refrigerated

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and frozen foods at proper temperature to prevent the growth of dangerous bacteria.
3. Provide 20 foot-candles of lighting in all cells and common areas. All lighting fixtures should be enclosed in fixtures appropriate for use in a secure setting and free from electrical hazards and unsecured wiring.
4. Administer medication only by a nurse or other individual trained in dispensing medications and recognizing and responding to possible side effects of taking medications.
5. Administer a complete medical screening, including tuberculosis screening, to all prisoners and detainees immediately upon their admission.
6. Provide 15 cubic feet per minute per inmate of fresh air, temperature controlled or otherwise, in all cells and common areas.
7. Train all staff in preventing the spread of communicable diseases and blood-borne pathogens, including HIV.
8. Provide hot running water in all sinks and showers.
9. Provide fire and moisture resistant mattress covers.
10. Add vacuum breakers to all faucets to prevent back-siphonage and contamination of the water supply.
11. Provide adequate toileting facilities, including one shower for every twelve inmates, and regular access to toilets.
12. Clean and repair showers and lavatory fixtures such that all showers, sinks, septic systems, and toilets function properly and are free from grime, mold, and mildew.
13. Ensure through documented testing that all cooking and serving utensils, whether used in the facility or by a contractor, are sanitized after each use.
14. Provide special diets as recommended by a physician.
15. Develop a pest control program to eliminate rodents and insects. Provide screens for all windows to keep out insects and pests.
16. Remove all hazardous chemicals from cells and common areas.
C. Security and Protection from Harm:
1. Develop a long range plan for operating the CNMI facilities as a system. This plan should correct current deficiencies and address future population growth.
2. Staff these facilities with an adequate number of full-time dedicated corrections officers who are trained in professional corrections practices. Staff should be of sufficient number to supervise prisoners and inmates in the event of an emergency or routine absences, and, in Tinian and Rota, when detainees

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are escorted to the lavatories.
3. Provide regular sight and sound direct supervision of prisoners and detainees. This will require significant modification of the facilities' structures and/or increased staffing, installation of video and intercom systems, and removing sight-line obstructions such as hanging sheets and towels.
4. Provide special needs (e.g., suicide-watch) and disciplinary/maximum security housing areas for inmates that 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."
5. Classify all persons confined in these facilities, prisoners and detainees, based on generally accepted classification factors such as criminal history, risk of being a predator/prey, and mental health status (e.g., suicide risk).
6. Install a secure perimeter fence around each facility with adequate lighting and monitoring. The fence that currently surrounds the prison is inadequate and the Tinian and Rota jails lack such a fence.
7. Adequately separate males and females at the juvenile facility by securing doorways and other connections between the male and female units.
8. Control and always account for the location of all tools, utensils, and personal effects that could be used as a weapon.
D. Education and Programming: For those juveniles confined for more than a brief period of time, the Kagman facility must provide adequate education and programming services.
VIII. RESOLUTION OF ISSUES
Pursuant to the Civil Rights of Institutionalized Persons Act, the Attorney General may initiate a lawsuit to correct deficiencies at an institution 49 days after notifying appropriate officials of such deficiencies. 42 U.S.C.
§ 1997(b)(a)(1). We will, however, seek to resolve this matter in the same cooperative spirit that has characterized the investigation to date. To this end, in the near future we will send you the reports from our experts, Mr. James Balsamo and Mr. Steve Martin. These reports contain information elaborating on our findings and recommendations, as well as other information regarding the facilities that you may find useful. We look forward to your response to these findings and recommendations and to detailed discussions leading to a final resolution of these issues.
Sincerely,
/s/
Bill Lann Lee Acting Assistant Attorney General

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Civil Rights Division
cc: Frederick Black, Esquire United States Attorney District of Guam and Northern Mariana Islands Mr. Eduardo Gonzalez Director United States Marshals Service Mr. Robert Dunlap Acting Attorney General Mr. Charles W. Ingram, Jr. Commissioner of Public Safety
Mr. Mark Zachares Commissioner of Labor and Immigration Mr. Thomas Tebuteb Commissioner of Community and Cultural Affairs Return to Jail and Prison Investigations

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 Memorandum

CRIPA Investigation, Northern Mariana Islands

PC-MP-0002-0001

SHR:MHN:RJM:ph DJ 168-103-2; DJ 168-103-3 DJ 168-103-4

subject

Recommendation to Investigate the Prison and Jails of the Commonwealth of the Northern Mariana Islands

Date:
April 7, 1998

To: Bill Lann Lee Acting Assistant Attorney General Civil Rights Division

From: n Steven H. Rosenbaum ß/\Ch±ef Special Litigation Section

I. RECOMMENDATION

We recommend you authorize an investigation into conditions at the prison and jails 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 seg. . and 42 U.S.C. § 14141. Our recommendation is based upon the request of the United States Attorney for the District of Guam and the CNMI, Frederick Black, who "strongly urges" that we investigate the prison and jail. In addition, Mr. Black informs us that Chief Judge Munson of the Federal District of the CNMI has told him that he, too, urges an investigation of conditions at the prison and jail. The cost of the investigation and subsequent enforcement efforts may be paid through funds already appropriated to the Division for civil rights enforcement in the CNMI.1 We request expedited review of this matter to save the Division significant funds and resources. The attorneys assigned to this investigation and our expert consultants will be in nearby Guam on another matter from April 14 to 22, 1998, and could conduct the on-site portion of this investigation from April 23 to 25, 1998. Accordingly, because CRIPA requires seven days advance

1 In 1997, the Civil Rights Division renewed and amended an earlier Memorandum of Understanding ("MOU") with the Department of Interior to fund civil rights enforcement regarding foreign workers in the CNMI. The subject matter of our investigation likely falls within the MOU's mandate because over half of the CNMI population are foreign workers, and thus the prison and jail are likely to confine many foreign workers. However, the MOU limits the funds to use by the Criminal Section and the Employment Litigation Section. We are preparing a Memorandum from you to Assistant Attorney General Colgate, Justice Management Division, requesting him to seek to amend the MOU to include the Special Litigation Section.

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notice, and because the CNMI is a day ahead of us, we must notify the CNMI of our investigation by at least April 9, 1998.
II. BACKGROUND
The CNMI consists of the three main islands of Saipan, Tinian and Rota, each of which is its own municipality, and several smaller islands. Economic Service Counsel, The U.S. Commonwealth of the Northern Mariana Islands, p.3 (available at http://www.saipan.com). The island of Saipan is approximately 46 square miles and has a total 1990 population of 38,869, of whom 14,420 are indigenous. The island of Tinian is located six miles south of Saipan and has a land area of 39.2 square miles and a 1990 population of approximately 2,300, of whom 1,226 are indigenous. The island of Rota is 69 miles south of Saipan and 47 miles north of Guam, has an area of 32.8 square miles, and a population of 2,295, of whom 1,508 are indigenous. These municipalities are governed by the CNMI, which is modeled on a typical state government with executive, legislative, and judicial branches.
The prison and jails in the CNMI are operated by Department of Public Safety of the executive branch of the CNMI. Seed v. Hudson, 1994 WL 229096 (May 11, 1994 D.N. Mar. I.) (prison conditions case).2 This agency runs the police force and officers are assigned to the prison and jail as needed; there are no officers assigned exclusively to corrections work. National Institute of Corrections, Federal Bureau of Prisons, An Assessment of Correctional Services in the Commonwealth of the Northern Mariana Islands (March 12, 1995) ("NIC Report") (on March 18, 1998, the Chief of the NIC Section who wrote this Report informed us that this is still the case). The correctional facilities consist of a correctional complex on Saipan with a jail, prison, women's unit, and a work release unit; a jail on Tinian; and a jail on Rota. Id. The prison and jail do not take regular population counts, but the NIC estimates that the population of November 1997 was approximately 120 prisoners and inmates in Saipan, and another ten to twenty in Tinian and Rota.
2 In Seed, the plaintiff, a federal detainee, brought a § 1983 action regarding the conditions of his confinement in the Saipan jail in 1991. The Court determined on summary judgment that conditions in the Saipan jail violated the Eighth Amendment in that plaintiffs were denied mattresses and blankets, the ability to wash clothes, exercise, adequate lighting, and adequate plumbing. Seed, 1994 WL 229096, *7. As relief, Mr. Seed was released from the facility on bond. Id. at *l. As discussed below, our evidence indicates conditions at the Saipan and other CNMI facilities continue to violate the Eighth Amendment.

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III. APPLICATION OF CRIPA AND 14141 TO THE CNMI
The 1978 "Covenant to Establish A Commonwealth of the Northern Mariana Islands in Political Union with the United States of America" ("Covenant") is a negotiated agreement between the United States Government and the people of the CNMI. Under the terms of the Covenant, citizens of the CNMI are not allowed to vote in presidential elections, but they enjoy all of the other benefits of U.S. citizenship. The CNMI controls its own immigration, labor, tax and wage laws.3 The Covenant acknowledges Congressional power over territories as provided in the Constitution's Territorial Clause which provides that "Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States." U.S. Const., art. IV, § 3. The terms of the Covenant limit Congress' power over the CNMI. Saipan Stevedore Co. v. Director. Office of Workers' Comp. Programs, 133 F.3d 717, 721 (9th Cir. 1998).
Section 105 of the Covenant states that the "United States may enact legislation in accordance with its constitutional processes which will be applicable to the Northern Mariana Islands, but if such legislation cannot be made applicable to the several States the Northern Mariana Islands must be specifically named therein for it to become effective in the Northern Mariana Islands." Statutes enacted by Congress that are applicable to the states are thus applicable to the CNMI.4 Saipan Stevedore. 133 F.3d at 721. Because CRIPA applies generally to the States, it applies in the CNMI.5 See
3 Foreign workers comprise over half of the CNMI population. They work in deplorable conditions: "Thousands of Chinese workers, mostly young women, bend over sewing machines for 12-hour days, sometimes longer, six or seven days a week in Saipan's sweatshops, then sleep behind inward-leaning barbed wire in crowded, tiny barracks rooms in compounds from which they are not allowed to leave." Alexis Herman & Bruce Babbitt, "Saipan Sweatshop Wage Loopholes," editorial, The Washington Times. March 29, 1998, at B3. Congress conducted hearings regarding these and other matters involving the CNMI on March 31, 1998.
4 "The general application of federal statutes to the Commonwealth contains one proviso: if congressional legislation is not applicable to the states, the Commonwealth must be specifically named in the legislation to be effective in the Northern Mariana." Saipan Stevedore, 133 F.3d at 721. Likewise, laws enacted prior to the enactment of the Covenant in 1978 are applicable to the CNMI if
I<L·. they were generally applicable to the states and applicable to Guam.
5 CRIPA defines the term "state" as used in section 1997a (a) to include "the several States, the District of Columbia, the

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also Office of the Solicitor, Dep't of the Interior, The Application of Federal Laws in the Northern Mariana Islands, Vol. 3 (1993) (CRIPA applies in the CNMI). Section 14141 applies to "any governmental authority." 42 U.S.C. § 14141(a). Therefore, section 14141 also applies to the CNMI because the broad "governmental authority" includes state and local governments. Because there appears to be no distinction between police officers and corrections officers in the CNMI, we request you authorize us to conduct this investigation pursuant to section 14141 as well as CRIPA.
IV. PRISON AND JAIL CONDITIONS IN THE CNMI
Under a program established through the Department of the Interior, representatives from the National Institute of Corrections ("NIC") of this Department have been monitoring the conditions in the CNMI's prison and jails from 1994 to the present. In 1995, after touring the prison and jail, the NIC issued a report finding systemic problems with the conditions of confinement in the CNMI's prison and jails. In their Report, the NIC finds that the CNMI's prison and jails "do not meet the American Correctional Association Standards, the United Nations Standards, or any other professional standards." NIC, An Assessment of Correctional Services in the Commonwealth of the Northern Mariana Islands, at 3 (March 12, 1995) ("NIC Report") . After approximately three years of providing technical assistance and monitoring the CNMI's response to the NIC Report, the NIC has found no change in conditions and no progress toward improving conditions in the prison and jail. Telephone Interview with William Wilkey, Chief, International Programs, NIC, March 18, 1998. Likewise, we have been informed by Mr. Frederick Black, United States Attorney for the District of Guam and the CNMI, that conditions in the prison and jail are so poor that, once the new federally funded facility is built on Guam, the United States will no longer house inmates there.6 Our information indicates that the conditions described by the NIC, and the other sources, as described below, violate the Fourteenth Amendment rights of jail detainees, and the Eighth Amendment Rights of prisoners. Helling v. McKinnpy, 509 U.S. 25, 33 (1993) ("It is cruel and unusual punishment to hold convicted criminals in unsafe conditions.").
Commonwealth of Puerto Rico, or any of the territories and possessions of the United States." 42 U.S.C. § 1997(4). Therefore, regardless of whether the CNMI is included as a "territory" or "possession," the CNMI is covered because CRIPA is generally applicable to the states.
6 The United States Marshal Service currently houses approximately 10 jail inmates in the prison/jail complex on Saipan. The federally funded 8 0-bed jail in Guam is estimated to be completed by August 1998.

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The NIC Report and recent NIC tours have found that the CNMI prison and jails are unsafe facilities due to inadequate fire-safety and sanitation conditions. All of the facility buildings are inadequate with severe safety, health, sanitation, and security deficiencies. Id. Cells are locked with padlocks, some of which share common keys, some of which do not. Telephone Interview with Deputy U.S. Marshal Richard Lumagui, March 31, 1998 (Mr. L·umagui inspects the CNMI prison and jails for the USMS). The fire alarm has been in disrepair and not functioning for some time. Id. The showers are caked with mildew and mold. Id. There is little to no artificial lighting in any of the buildings. Id, These allegations indicate that the CNMI is violating the constitutional rights of prison inmates and jail detainees to a safe environment. Hoptowit v. Spellman. 753 F.2d 779, 784 (9th Cir. 1985) (inmates and prisoners may not be subjected to unreasonable risks of injury from fire or poor sanitation); Jones v. City and County of San Francisco, 976 F. Supp. 896, 908-09 (N.D. Cal. 1997) (adequate fire safety, sanitation, and freedom from harm, ventilation and adequate medical care are required under Eighth and Fourteenth Amendments).
Our information indicates that the CNMI is also failing to provide inmates with proper medical care. None of the facilities have any medical or nursing personnel. Lumagui Interview. There is little to no inmate health screening and no tuberculosis testing. NIC Report at 3. The CNMI is currently experiencing a tuberculosis epidemic, with tuberculosis cases doubling every year and the infection rate in the CNMI at 1:566 persons (versus 1:12,500 persons in the United States). Pacific Daily News, "High TB Rate Spurs Need for Mandatory Tests," February 24, 1998, at A8. The facilities have no forced air ventilation. Therefore, it is likely that inmates are being subjected to a serious risk of tuberculosis infection. Our information indicates medical conditions at the CNMI's prison and jail violate the constitutional rights of jail inmates and prison detainees. Estelle v. Gamble. 429 U.S. 97, 104-05 (1976) • (Eighth Amendment requires prison to attend to serious medical needs).
Often only one or two staff are assigned to supervise over 100 inmates in the Saipan complex. Lumagui Interview. Recently, three inmates escaped for an afternoon, but they simply walked back into the prison while staff were trying to locate them in the community. Id. The NIC Report and recent NIC tours have found that the CNMI prison and jails fail to meet penological standards ensuring safe confinement. Staff are not assigned to regular shifts, nor do they regularly count the number and presence of inmates in the facilities. NIC Report at 3. Staff receive only police officer training, and do not receive any corrections training. Id. There are no written policies and procedures. Id. There is no inmate classification system. Id. Inmates are almost completely idle, there are little to no education, work, or recreational activities. Id. Our information indicates that such complete lack of staffing,

- 6training, policies and procedures, and lack of classification creates a serious risk of harm in violation of the Constitution. Helling, 509 U.S. at 33.
V. CONCLUSION For the reasons discussed above, I recommend you authorize an investigation into conditions at the prison and jails of the Commonwealth of the Northern Mariana Islands ("CNMI") pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA") , 42 U.S.C. § 1997, eJt seq. , and 42 U.S.C. § 14141.7 Attached for your signature are letters to Hon. Pedro P. Tenorio, Governor of the CNMI, and Mr. Eduardo Gonzalez, Director of the U.S. Marshal Service, notifying them of our investigation. Attachments
r Approved
Disapproved _ Comment s:
Robert Moossy is the attorney assigned to this matter. Mellie Melson is the reviewer.

 
 U.S. Department of Justice Civil Rights Division

Office of the Assistant Attorney General

Wjshington. D.C. 20035

• • • I I I i l l CRIPA Investigation, Northern Mariana Islands

111111

"PC-MP-OOO2-OOO2

A p r i l 10>

The Honorable Pedro P. Tenorio Governor of Northern Mariana Islands

Saipan, MP 96950

Re: Correctional Facilities of the Commonwealth of the Northern Mariana Islands

Dear Governor Tenorio:

I am writing to inform you that the United States Department of Justice is undertaking an investigation of conditions at the Correctional Facilities of the Commonwealth of the Northern Mariana Islands ("CNMI") , including the correctional complex on Saipan, and the facilities on Tinian and Rota, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 ££. seq, , and the Pattern or Practice of Police Misconduct Provision of the Crime Bill of 1994, 42 U.S.C. § 14141.

The purpose of the investigation is to determine whether the conditions at the CNMI facilities violate the constitutional rights of the individuals confined in them. The investigation will focus specifically on allegations concerning poor sanitation and hygiene, inadequate fire-safety, inadequate medical and mental health care, and failure to provide adequate protection from harm, but it is not limited to those areas. In initiating this investigation, we have not prejudged that the CNMI's correctional facilities violate individuals' constitutional rights. If any violations are found, however, we will confer with you and your staff concerning appropriate corrective actions.

We will endeavor to coordinate this investigation with relevant officials of the Department of Public Safety. As part of our investigation, we plan to tour the CNMI correctional facilities with our expert consultants from April 23 to 25, 1998. Before the tour of the facilities, we would welcome an opportunity to discuss this investigation with you or a member of your staff, either telephonically before April 23, or in person

- 2-
when we arrive in Saipan on April 23 . Please feel free to contact Robert Moossy, the attorney assigned to this case, at (202) 514-6247, to discuss this matter.
Acting Assistant Attorney General Civýl Rights Division
CC: Frederick Black, Esquire United States Attorney District of Guam and Northern Mariana Islands
Mr. Eduardo Gonzalez Director United States Marshals Service
Mr. Robert Dunlap Acting Attorney General
Mr. Charles W. Ingram, Jr. Commissioner of Public Safety

U.S. Department of Justice Civil Rights Division

Office of the Assistant Attorney General

Mshington, D.C. 20035

The Honorable Eduardo Gonzalez Director United States Marshals Service 600 Army Navy Drive Arlington, VA 22202

April 10, 1998

Re: Correctional Facilities of the Commonwealth of the Northern Mariana Islands

Dear Mr. Gonzalez:

I wish to advise you that we are investigating conditions of confinement at the Correctional Facilities of the Commonwealth of the Northern Mariana Islands ("CNMI") , including the correctional complex on Saipan, and the facilities on Tinian and Rota, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 e_t seq. , and the Pattern or Practice of Police Misconduct Provision of the Crime Bill of 1994, 42 U.S.C. § 14141. We have discussed this investigation with members of your staff, who inform us that the Marshals Service has a contract with the CNMI to house approximately ten federal pretrial detainees in the Saipan complex.

The purpose of the investigation is to determine whether the conditions at the CNMI facilities violate the constitutional rights of the individuals confined in them. If you have received any complaints regarding these facilities, please advise us.

We will cooperate fully with the Marshals Service in this matter and will consult with you regarding the status of our investigation. If you have any questions, please contact Robert Moossy, the attorney assigned to this matter, at (202) 514-6247.

LanrrLee

Acting Ass

Attorney General

.Civi Rights Division

CC: Mr. Joseph T. Frey Chief Prisoner Operations Prisoner Services Division

cc: Lorraine