Professional Documents
Culture Documents
Etowah County Sheriff's Office (Alabama) Intergovernmental Service Agreement (IGSA) With ICE & The Marshals
Etowah County Sheriff's Office (Alabama) Intergovernmental Service Agreement (IGSA) With ICE & The Marshals
Etowah County Sheriff's Office (Alabama) Intergovernmental Service Agreement (IGSA) With ICE & The Marshals
stice
United States Marshals Service Modification of Intergovernmental Agreement
•
1. MODlECATIONNO. 2. REQUEST FOR DETENTION SERVICES NO. 3. EFFECTIVE DATE OF MODIFlCAT:ION
Three (3) 082-04 March 1, 2004
10. EXCEPT AS PROVIDED SPECIFICALLY HEREIN. ALL TERMSANDCONDtrlONS OF THE lOA DOCUMENi
REFERRED TO IN BLOCK 5, REMAIN UNCHANGED. 'l'ERMS OF nns
MODIFICAnON:
The purpose of this modification is to authorize Etowah CountY to transport Immigration and Customs
Enforcement (ICE) detainees between the Etowah County Jail and the Regional ICE Detention Offices in
Alabama and Louisiana.
This modification also authorizes ICE to reimburse the local government of Etowah County the hourly
rate of $22.49 per hour, includmg mileage reimbursement in accordance with the current GSA mileage
rates for the CoutineJ1tal UDited State!).
-
TIlE SERVlCE PROVIDER SHALL ADHERE TO TIlE REQUIREMENTS LISTED ON THE
ATTACH:E)) TRANSPORTATION AMENDMENT FORlCEDETAINEES ONLY..
11. APPROVAL
Jackie Gomez ~
SignatUre $atWeJ-
Grams A.1IlZlyst ¢/&9'
,
TInE DAiB TInE DATE
Form USM-24h.USMS
HQUSEONLY (Rev.3f99)
Page_.l_ of ~ Pages
TRANSPORTATION AMENDMENT Page 2 of 3
rG~J-EK}~-~~ 01-99-0132
Etowah County, Alabama
Bag Lunches. Tho Service Provider agrees to provide ICE detainees with
bag lunches when detainees are transported during a meal period.
Reimbursement for meals will be at the rate of ($2.00) two dollars per meal.
The meal will include, at the minil1mm, a sandwich, fruit, potato chips and
beverage. Provider is to invoice ICE for services rendered as a separate
line item on the periodic billing for detention.
END OF SECTION
"lJ:S. DepattlDent of Justice
United Stares Marshals Serv ice Modification of ImC:i'governmental Agreement
II: MODIFICA nON NO. 2- R.EQUEST FOR DETENTION SERVICES NO. p_ EFFECTIVE DA TE OF MODIFICA nON
ONE (1) 013-03 February 1, 2003
The purpose of this modification is to add a line item for INS Detention/Equipment Space, Space shal
be supplied in accordance with the agreement between the INS and Etowah County Comission at the
fJnnual price stated below:
A. ~LOCALGOVERNMENTISNOTREQ~
TO SIGN THIS DOCUMENT
H, o LOCAL GOVERNMENT IS REQUIRED
TO SIGN TIITS DOCUMENT AND RETURN
- COPIES TO U.S. MA.RSHAL
11. APPROVALS
Form USM-24la
(R.ev. 3/90)
u.s. Department of Justice
United Srates Marshals Service Modification of Intergovernmental Agreement
1. MODIFICATION NO. 2. REQUE~T FOR DETENTION SERVICES NO. 3. EFFECTIVE DATE OF MODIFICATION'
TWO (2)
Mav 1. 1999
4. ISSUING OFFICE S. LOCAL GOVERNMENT 6. lOA NO.
U.S. MARSH.6J..S SERVICE Etowah COUllty Jail 01-99-0132
PRISONER OPERATIONS DIVISION 827 Forrest Avenue
[GA. SECTION Gadsden, AL 35901 7. FACILITY CODE(S)
600 ARMY NA VYDRIVE 4AD
ARLINGTON. VA 22201-4210
1. The purpose of this modification is to incorporate INS as a rider under this lGA with
Etowah County in accordance with the MOV dated May lI~' 1999 attached hereto.
2. Incorporate the following INS address under Article VII; Billing and Financial Provisions:
12. APPROVALS
5igllCtrurd
DebIaB:r.a:~m:: rD ,i1UL- -(j
Signature
A I7C/...'11....- ~
TITI..E
q~nl'J't1'!iZ!2: Qta,~1';.. rlo/9Cf
DAm tnLE DATE
Farm USM-24la
(Rev. 3/99)
USMS HQ USE ONLY Page-L of ~ Pages
MEMORANDUM OF UNDER.$TAm>ING
REGARDING USE OF ETOWAH COUNTY JAIL
BY IMMIGRATION AND NATURALIZATION SERVICE
~~~es Ha S e 'ff
glJrPj-
Date
rY
towah County, Alabama
\"L\\~
"-.L~ "~ ,
William H. Edwards, lIt
united States Marshal
rn District of Alabama
~~An~~~-e~m~os
istrict Director
Deportat.io and Parole
Immigration and Naturali~ation Service
Atlanta District
U!Ilt ed SUlcs Deputmc:a( of JU5Uce IntergoWl:rnDlellLal s.. ce AgrteIDenl
United StlUC:S Manha15 5ervite Housing of Fedel'o/ Prisoners I Page -1- of ...l.ll.....
~61,
.
'NO. I" .
1. tSSUlNG O!'FIQ ; rY ' co,"'" .,,,
UNITED'STATES MARSHALS SERVICE NAME AND Etowah County Sheriffs Dept,
PRISONER OPERA710N'S DIVISION ADDRESS 827 Forrest Avenue
IGASECTION ($',.,114 city.
600 ARMY NAvY DRIVE couflty, Stale
Gadsen, AL 35901
ARLINGTON. VA. 2.2202"'210 a M ZIP cOde
bS,b7c
...
15XI020 ConUCl Person
(205) bS,b7c
..
A.:ru Code &: Telephone No .
L
ITEN !'«t. SUPPl.t ESISERVlCEi QU.::hlrY , u~ 1/N1':~'"Cll .. ": ..
r ._.....,
ond con-tet, th~ dOOJ.lJlttrt has bten duty 011- S. Mosley I l'nsident
r7k,
AGENCY
lhori~d by tM lovuninr body of tlu Dtpart- (1)p' r>r P,u,r) -n~
CERTIFYING
ment or A8t1lCY alld the Dtpl1rtrnetlt or A,i!IICY
~ 8- 5-97
.,..,11 eDmp/~ wjlh ALL PRO VISIONS SET
FORTH HLREIN'.
(J ,S(,,r.N." D ••
21.
BY
(SJGNA - ~'I:n.~CTING OFFIC£Jl)
PAt'E SIGNED
~TOTAL (Typ£ ar PtWJ
-
NO. or Pn-~rs
PriIIlne.. Days 2:5, SSQ .
G\II.I'd Houri VL- Jd LiODV
jP.~} 8/","i
P.R..10R EOITIONS ARE AND AIlE. NOT TO Be USEl I"ORM UJM-241
. (key . 11196)
t;.S. Departmenr of Justice
,
Unil~d Sral!:S Marshals Service
The local Government agrees to accept and provide for the secure custody,
care and safekeeping of federal prIsoners In accordance with state and local
laws, standards. policies. procedures. or court orders applicable to the
operations of the foci Iity, The USMS considers all federal prisoners
medium/maximum securiiy-type prIsoners that are housed within the confines of
the facility, at a level appropriate for prisoners considered a rIsk of flight, a
danger to the community. or wanted by other jurisdictions.
(
ARTICLE 11- ASSIGNMENT AND CONTRACTING OF CATEGORICAL PROJECT-
SUPPORTED EFFORT
,1. The Local Government agrees to provide federal prisoners with ihe same
level of medical care and services provided to local prisoners. including the
transportation and security for prisoners requIring removal from the facilIty for
emergency medIcal servIces. All costs associated wf1h hospital or health care
seNices provided outside 1he facility will be paid directly by the Federal
Govemment. In the event the Local Government has a contract with a medical
facility/physician or receives dlscounted rates, the federal prisoners shall be
charged the same rate as local prisoners.
2. The Local Government agrees to notify the United States Matshal (USM) as
soon as possible of all emergency medical cases requiring removal of a prisoner
from the facility and to obtain prior authorization for removal for all other
medical services requIred.
3. When a federal prisoner is being transferred via the USMS a!rllft. he/she will
be provided with three (3) to seven 0) days opprescriptlon medication which
will be dispensed from the detentlon facility. When possible, generic
medlca1ions should be prescribed.
4. Medical records must travel with the federal prisoner. If the records are
maintained at a medical contractor's facility. it is the detention facility's
responsibility to obtain them before a federal prisoner is moved.
5. Federal prisoners will not be charged and are not required to pay their own
medical expenses. These expenses will be paid by the Federal Govemment.
6. The Local Government agrees to notify the USM as soon as possible when a
federal prisoner is involved In an escape, attempted escape, or conspiracy to
escape from the facility.
'.
ARTICLE IV - RECEIVING AND DISCHARGE
USM may. only be released to a USM or an agent specified by the USM of the
JUdicial DistrIct,
4. Federal prIsoners may not be released from ihe facility or placed in the
custody of state or local officials for any reason except for medicol emergency
situaiions. Federal prisoners sought for a state or local court proceeding must be
acquired ihrough a Writ of Habeas Corpus or the Interstate Agreement of
. Detainers and then only with the concurrence of the DistrIct USM.
1. Per diem rates shall be established on the basis of actUal and allowable
costs associated with the operation of the facH/ty during a recent annual
accounting period.
2. The Federal Government shall reimburse the Local Govemment at the per
diem rate Idenilfied on page one (1) of thts agreement. The rate may be
renegotiated not more than once per year, after ihe agreement has been in
effect for iwelve (1 2) months.
3. The rate covers one (1) person per IIprisoner daY'. The Federal Government
may not be blUed for two (2) days When a prisoner is admitted one evening and
removed the fol/owlng morning. The Local Government may bill for the day of
arlivQt but not for the day of departure.
I IGA No~
I
pa~
IntcrgoverlU1lental Service Agreement Schedule 1 J-BOl-M-130
No.
of .lU...-
4. When a rate increase is desired, the Local Government shall submit a written
request to the USM at least sixty (60) days prJorto the desired effective date of
the rate adjustment. All such requesis must contain a completed Cost Sheet for
Detention SeNices (USM-243) which can be obtained from the USM, The Local
Government agrees'to provide oddiiional cost informaiion to support the
requested rate increase and to permit an audit of accoun1ing records upon
request of the USMS,
5, Criteria used to evaluate the Increase or decrease In the per diem rate shall
. be those speclfied in the Office of Management and Budget (OMB) Circular A-
87, Cost Principles for state, Local, and Indian Tribal Govemments,
6, The effective date of the rate modification will be negotiated and specified
on the IGA Modification form approved and signed by a USMS Contract
Speciafist, The effective date will be established on the first day of the month for
accounting purposes. Payments at the modified rate will be paid upon the
refum of the Signed modification by the authorized Local Government official to
the USM.
1. The Local Government shall prepare and submit original and separate
invoices each month to the federal agencies listed below for certification and
payment.
U, S. MARSHALS SERVICE
1729 NORTH 5TH AVENUE
ROOM 240
BIRMINGHAM, AL35203
(205) 731-1712
L---------------------------------------------------------F-p~~tr~S~~~4~i~B~(~~v,~2~
192~)
u.s. Department of Justice
Unired Stales Marsh(1.1s Service
•
lIItergo ....ernmentaI Service Agreement Schedule
I
IGA No.
J-BOl-M-l30
2. To constitute a proper monthly Invoice. the name and address of the faciliiy.
the name of each federal prisoner. their specific dates of confinement the total
days to be reimbursed, the appropriate per diem rate as approved in the IGA.
and the total amount bIlled (total days multiplied by the rote per day) shall be
listed. The nome, title, complete address. and phone number of the local
offici.alresponsible for invoice preparation should also be listed on the invoice.
3. The Prompt Payment Act. Public Law 97- 177 (96 stat. 85, 31 USC 1801), is
applicable to payments under this ogreement and requires the payment to the
Local Government of interest on overdue payments. Determinations of interest
due will be made in accordance with the provisions of the Prompt Payment Act
and the Office of Management and Budget Circular A-125.
4. Payment under this agreement will be due on the thirtieth (30th) calendar
day after receipt of a proper invoice, in the office designated to receive the
invoice. If the due dote falls on a nonworking day (e.g., Saturday. federal
holiday). then the due date will be the next worklng day. The date of the check
Issued in payment shall be considered to be t~e date payment Is made.
)
NOTE: RATES NOT SPECIFIED IN THE AGREEMENT WILL NOT BE AUTHORIZED FOR
PAYMENT.
AU reCipients receiving direct awards from the USMS are responsible for the
management and fiscal control of all funds. Responsibili1ies include the
accounting of receipts and expendItures, cosh management the maintaining
of adequate financial records, and the refunding of expenditures disallowed by
audiis.
2. Reciplen1s are responsible for complying with OMS Circular A--87 and 28 CFR,
Part 66, and ihe allowobillty of the costs f.Z:;overed therein (submission of Form
USM-243). To avoid possible subsequent disallowance or dispute based on
unreasonableness or unallowability under the specific cost principles, recipients-
must obtain prior approval on the treatment of special or unusual costs.
,
3. Changes in lGA facilities: The USMS shall be notified by the recipient of any
significant change In the facHl1y, including significant variations in inmate
populations, which causes a significant change in the level of services under this
IGA. The notification shaH be supported with sufficient cost data to permit the
USMS to equitably adjust the per diem rates included in the IGA. Depending on
the size of the fociHty for purposes of assessing changes in the population, a 10%
increase or decrease In the prison population shall be a "significant increase or
decrease" for purposes of this subsectlon.
2. The 3-year retention period set fom in paragraph one (1) above, 'begins at
the end of the first year of completion of service under the IGA. If any litigatIon,
claim, negotiation. audit or oitter action Involving the records has been started
before the expiraiion of the 3-year period, the records must be retained uniil
completion of the action and resolution of all issues which arise from it or until
the end of the regular 3-yeor period whichever Is later.
3. Access to Records: The USMS a~d the Comptroller Genera! of the United
states, or any of their authorized representatives, shall have the right of access to
any pertinent books, documents, papers, or other records of recipients or Its sub-
recipients/contractors, which ore pertinent to the award, in order to make-
-audits, examinations, excerpts. and transcripts. The rights of access must not be
limited to the required reteniion period, but shallicst as long as the records are
retained,
4. Delinquent Debt Colleciion: The USMS will hold recipient accountable for
any overpayment audftdlsa!lowanc6, orony breach of this agreement that
results in a debt owed to the Federal Government. The USMS shall apply Interest
. penalties. and adminlstraiive costs to a delinquent debt owed by a debtor
pursuant to the Federal Claims Collection Standards.
4. The dollar value of property provided each year will not exceed the annual
dollar payment made by the USMS Tor prisoner support unless a specific
exemption is granted by the Chief, Prisoner Services Division. USMS
Headquarters.
5. Itis understood and agreed thalthe Local Govemment shall fully defend.
Indemnify. and hold harmless the United States of America, its officers,
employees, agents, and seNonts, individually and officially. for any and all
liability caused by any act of any member of the Local Government or anyone
else arising out of the use, operotfon, or handll ng of any properly (to include any
vehicle. equipment and supplies) furnished to the Local Government In which
legal ownership is retained by the United states of America, and to pay all
claims, damages, Judgments, legal·costs, adjuster fees, and ottorney fees
related thereto. The Local Government will be solely responsIble for all
j'--_~_ _ _ _ _ _ _ _ _ _ _ _ _- . - -_ _ _ _~~--:--:-_--l
Fonn USM·24iB {Rev. 1/92'
U.S. Department of Justice
United Srares Marshals Service
maintenance, storage, and other expenses related to the care and responsiblll1y
for all property furnished to the local Government.
2. Jail staffing will provide full coverage of all securiiy posts and fun surveillance
of Inmates. . '.. .
3. JalJ win provide for three meals per day for prisoners. The meals must meet
the nationally recommended dietary allowances publisMed by the National
Academy of Sciences.
-
5. Jail wlll maintain an automatic smoke and fire detectIon and alarm system,
and maintain written policies and procedures regarding fire and other safety .
emergency standards.
6, Jail will maintain a water supply and waste disposed program that is certified
to b~ in compliance with applicable laws and regulations.
Personnel and other officials connected with the agreement shall adhere to the
requIrements given below:
8. TOPIC
Detainee alleges verbal abuse/harassment,legal proceedings intervened,various allegations
9. SYNOPSIS
On August 9, 2007, the Joint Intake Center (JIC), Washington D.C received a letter from Detainee
b6,b7c , ETOWAH COUNTY DETENTION CENTER, Gadsden, Al., reporting verbal
abuse and harassment, intervention with legal proceedings, food quality and quantity deficiencies,
poor quality and lengthy wait time for medical help, heating and air conditioning system extremely
dirty, non-functional mail room, lack of stamps, lack of sunlight, internet service not available, not
delivering commissary products bought after they've been paid for, difficult to communicate with
families, fabricate doctor visits/exams that never happened, fail to provide detainees with
medication, a nurse's misdiagnoses almost killed an inmate with heart condition.
10. CASE OFFICER (Print Name & Title) 11. COMPLETION DATE 14. ORIGIN OFFICE
PREPARED BY
b6,b7c
REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE
none
PREPARED BY
b6,b7c
REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None
8. TOPIC
Detainee allegation of missing money, Gadsden, AL
9. SYNOPSIS
On February 22, 2008, the Joint Intake Center (JIC), Washington, DC, received information from
U.S. Immigration and Customs Enforcement (ICE) Supervisory Immigration Enforcement Agent,
Gadsden, AL regarding detainee b6,b7c
allegations of missing money.
10. CASE OFFICER (Print Name & Title) 11. COMPLETION DATE 14. ORIGIN OFFICE
b6,b7c - Joint Intake Specialist 21-FEB-2008 Joint Intake Center
12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER
b6,b7c - JIC Supervisor 22-FEB-2008 No Phone Number
THIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY. ANY FURTHER REQUEST FOR
DISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH A
COPY OF THE DOCUMENT.
THIS DOCUMENT CONTAINS INFORMATION REGARDING CURRENT AND ON-GOING ACTIVITIES OF A SENSITIVE NATURE. IT IS FOR THE EXLUSIVE USE OF OFFICIAL U.S. GOVERNMENT
AGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMEN OF
HOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEMINATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUT
PRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR.
PREPARED BY
b6,b7c
REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE
Details of Investigation:
On February 22, 2008, the Joint Intake Center (JIC), Washington, DC, received information from
U.S. Immigration and Customs Enforcement (ICE) Supervisory Immigration Enforcement Agent,
Gadsden, AL regarding detainee b6,b7c allegations of missing money.
This is a verbatim copy of the information submitted to the JIC. No spelling or grammatical
corrections have been made.
<BEGIN>
MEMORANDUM FOR: b6,b7c
This memorandum is to serve as official notification that on February 11, 2008 I was told by
detainee b6,b7c (A b6,b7c that he was missing $200.00 personal
funds.
b6,b7c
was initially taken into custody by the Office of Investigations, Birmingham, AL and
booked into the Pelham, AL jail with $698.00. On 02/11/08, b6,b7c signed his property forms
and was released from Pelham to custody of Special Agent b6,b7c . b6,b7c then
transferred custody of b6,b7c and property to Immigration Enforcement Agent b6,b7c .
Agent b6,b7c brought b6,b7c to the Gadsden, AL. ICE/DRO office.
I contacted the Pelham AL. jail, Sgt. b6,b7c to verify funds, as well as check into the possibility
that some of b6,b7c money may have been released, spent, or seized. Sgt. b6,b7c told
PREPARED BY
b6,b7c
REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE
me that b6,b7c was booked in with $698.00 and that he did not spend, or release any money.
Nor was any money seized. Sgt. b6,b7c
took time to review the video tapes and indicated that
no unauthorized personnel had accessed b6,b7c property, and that b6,b7c had signed
for his property and funds upon release on 02/11/2008.
I received notification from Sgt. b6,b7c on Thursday, 02/14/2008 at approximately 1800 hrs
that he could not account for any missing money for detainee b6,b7c I notified my Supervisor,
SDDO b6,b7c , of this incident on Friday, 02/15/08 when I could not resolve the incident
and it appeared to be a case of missing funds. OPR was contacted on Monday, 02/19/2008.
PREPARED BY
b6,b7c
REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None
8. TOPIC
Detainee alleges verbal abuse/harassment,legal proceedings intervened,various allegations
9. SYNOPSIS
On August 9, 2007, the Joint Intake Center (JIC), Washington D.C received a letter from Detainee
b6,b7c , ETOWAH COUNTY DETENTION CENTER, Gadsden, Al., reporting verbal
abuse and harassment, intervention with legal proceedings, food quality and quantity deficiencies,
poor quality and lengthy wait time for medical help, heating and air conditioning system extremely
dirty, non-functional mail room, lack of stamps, lack of sunlight, internet service not available, not
delivering commissary products bought after they've been paid for, difficult to communicate with
families, fabricate doctor visits/exams that never happened, fail to provide detainees with
medication, a nurse's misdiagnoses almost killed an inmate with heart condition.
10. CASE OFFICER (Print Name & Title) 11. COMPLETION DATE 14. ORIGIN OFFICE
PREPARED BY
b6,b7c
REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE
none
PREPARED BY
b6,b7c
REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None
8. TOPIC
Detainee reportedly does not have access to medical records, legal representation denied, CRCL,
AL.
9. SYNOPSIS
On 10/1/2008, the JIC received a letter from b6,b7c involving b6,b7c , a 60-year-old
Palestinian Immigrant & cardiac patient. b6,b7c wrote that b6,b7c hasn't had access to his
primary care physician or critically important medical records. Legal representation & visitation by
immediate family members remains denied. ICE officials failed to notify his family when he
collapsed & was transported to the hospital. They learned of the incident due to the kindness of all
unidentified third-party. b6,b7c told his family that the hospital recommended that he agree to
heart surgery, but, b6,b7c declined the recommendation. "ICE officials subsequently returned
b6,b7c to Etowoh County Detention Center. Immigration Custom Enforcement "have refused to
recognize the grave seriousness of b6,b7c medical condition & the necessity of access to the
physician, medical records, & thus, the medical treatment that would best insure the continuation of
his life".
10. CASE OFFICER (Print Name & Title) 11. COMPLETION DATE 14. ORIGIN OFFICE
PREPARED BY
b6,b7c
REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE
none
PREPARED BY
b6,b7c
REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None
8. TOPIC
Allegedly mistreated a detainee at Etowah County Detention Center, AL
9. SYNOPSIS
On October 31, 2007, the Joint Intake Center (JIC), Washington, D.C., received a U.S. Department
of Homeland Security (DHS) Office of the Inspector General (OIG) declination of investigation
memorandum dated August 1, 2007. The narrative of the allegation is as follows:
"Complainant reported misconduct against ICE Special Agent b6,b7c . The complainant listed
several occurrences of Agent b6,b7c misconduct."
10. CASE OFFICER (Print Name & Title) 11. COMPLETION DATE 14. ORIGIN OFFICE
PREPARED BY
b6,b7c
REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE
None
PREPARED BY
b6,b7c
REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None
Incidents Description Jan – Mar Apr – Jun Jul – Sept Oct – Dec
Without Weapon
8 7 6 6
Without Weapon
0 0 1 0
Number of Forced Moves,
incl. Forced Cell moves3
14 9 6 8
Disturbances4
1 0 0 0
Number of Times Chemical
Agents Used
2 6 4 4
Number of Times Special
Reaction Team 18 10 3 13
Deployed/Used
Number/Reason (M=Medical, 1=V
# Times Four/Five Point V=Violent Behavior, O=Other) 0 0 2=V
Restraints applied/used Type (C=Chair, B=Bed,
BB=Board, O=Other)
0 0 2=BB 1=BB
Offender / Detainee Medical
Referrals as a result of 0 0 2 1
injuries sustained.
Escapes Attempted
0 0 0 0
Actual
0 0 0 0
Grievances:
# Received
53 31 33 13
# Resolved in favor of
Offender/Detainee
10 16 4 4
Deaths Reason (V=Violent, I=Illness,
S=Suicide, A=Attempted 0 S S 0
Suicide, O=Other)
Number
0 1 1 0
Psychiatric / Medical # Medical Cases referred for
Referrals Outside Care
60 35 71 39
# Psychiatric Cases referred for
Outside Care
0 0 0 0
1
Any attempted physical contact or physical contact that involves two or more offenders
2
Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting
3
Routine transportation of detainees/offenders is not considered “forced”
4
Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations,
major fires, or other large scale incidents.
FOR OFFICIAL USE xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx NT SENSITIVE)
Form G-324A SIS (Rev. 7/9/07)
Department Of Homeland Security Detention Facility Inspection Form
Immigration and Customs Enforcement Facilities Used Over 72 hours
All findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet compliance.
By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate controls
contained in the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, findings of noteworthy
accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating in
accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the
deficiencies noted in the report.
b6,b7c
ocation Date
Team Members
Print Name, Title, & Duty Location Print Name, Title, & Duty Location
Comments:
Number of Times Special Teams Deployed/ Used: ECDC has established a 12-man emergency response team (ERT) which is broken
down into four 3-man teams and a team is assigned to each shift. While assigned to the shift their sole responsibility is ERT duties,
and their shift is 24 hours, similar to a firefighter. The team has sleeping quarters at the facility and they are the first responders to any
facility incident or emergency. Each ERT member is also, a level 1 state certified fire fighter and first responder for all medical
emergencies.
The facility stated the two (2) suicides were county inmates and not detainees. b6,b7c ECDC Sergeant, stated these cases are
not closed and will not be closed for twenty-four (24) months. Consequently, the facility could not provide any further information.
The disturbance involved a housing unit of county inmates who refused to lock down for the evening. The Emergency Response Team
was deployed and dispensed ten (10) rounds from a pepper ball gun into the unit striking a wall. The inmates then complied with staff
orders to enter their cells. There were no injuries to staff or inmates.