Etowah County Sheriff's Office (Alabama) Intergovernmental Service Agreement (IGSA) With ICE & The Marshals

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 36

,US. Department of Ju.

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

4. ISSUING OFFIcE 5. LOCAL GOVE'RNMEN'r 6.IGANO.


Etowah Comty· 01-99-0132
u.s. MARSHALS SERVICE Etowah County Sheriffs Dept
PRISONER SERVICES DMSION 827 Forrest Avenue 7. FACILITY CODE(S)
WASHINGTON. D.C. 20530-1000 Gadsen, AL 35901 4AD
8. ACC01JNl1NG CITATION 9. ES11MATED ANNUAL PAYMENT
15XI020

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..

Note: as if Modification No. :2, the Intergovernmental Agreement Number J-BOI-M-130 is


canceled and the new number is as stated in Block No.6.

11. lNSTRtlC1'IONS TO LOC.AL GO'VERNMEN'T FOR EXECUTION OF TBlS MODIFICA.TION:

A- 0 LOCAL GOVERNMENT IS NOT REQUIRED B. r8\ LOCAL GOVERNMENT IS REQUIRED


TO SIGN THIS DOClJMENT TO SIGN THIS DOClJME1l;"T AND RETURN
-L. COPIES TO U.S. MARSHAL

11. APPROVAL

A. LOCAL GOVERNMENT B. FlIDERAL GOVERNMENT

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

THE FOLLOWING SECTION APPLIES TO ICE DETAINEES ONLY.

Transportation Services. The Service Provider agrees to provide


transportation services for ICE detainees between the Provider's facility in
Gads en , AL, apprehension points, the ICE offices located in Alabama~
Louisiana and other delivery points as detennined necessary by Immigration
and Customs Enforcement. The purpose of such transportation shall be for
booking detainees into or out of the facility or into the custody of ICE,
booking new inmates from the custody of ICE into the facility, and
delivering detainees to removal points (including airports),- The Provider
shan utilize transportation vehicles equipped with appropriate safety
equipment as required by and in compliance with State of Alabama
standards for prisoner transport. Two uniformed qualified law-enforcement
or correctional security officers employed or contracted by the Provider
under the Provider's policies, procedures and practices shall be assigned to
each vehicle on each trip (one is required if an ICE officer is present during
the transportation). These officers must be appropriately licensed and
certified for those duties pursuant to the State of Alabama and U.S.
Department of Transportation regulations.

Reimbursement for transportation services shall be paid at the actual hourly


labor tate being paid to the escorting officers (will vary per officer) and a
round trip mileage rate equaling the General Services Administration
approved mileage rate (currently 37.5 cents per mile, but subject to change
on occasion). In the event that overnight stays are required, ICE will
reimburse lodging and expenses other than per diem incuttect"based on
General Services Administration travel regulations. In the event air travel is
required, ICE will obtain tickets. Service Provider shall maintain· a
transportation log documenting all transportation services (date~ origin,
destination, time, mileage, etc .. ,). Provider is to invoice ICE for services
rendered as a separate line item on the periodic hilling for detention. A
copy a/the transportation log shall be attached to all invoices that contain
charges for transportation services. Any other documentation concerning
other costs such as overnight travel shall also be provided to ICE.
Page 3 of 3

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

4. ISSUfNG OFFICE 5. LOCAL GO"VERNMENT 6. IGA NO.


Debra Brown.: Etowah County ]-BO I-M-130
CO ntraCI Special ist Etowah County Sberiff's Dept.
cS <1-. Suite 1 tOO 827 Forrest Aven"Ue 7. FACILITY CODE(S)
United States Marshals Service Hdqr Oadsen. AI. 35901 4AD
washington DC 10530-1000
8. ACCOUNTING CITATION 9. ESTIMATED ANNUAL PAYMENT
1.5XI020
LU. t.J'..1.c.t'1 A:> t'l<.UYl!JcU v _ _ . ._ • • • _ u ':t '~._.", A.L.L l"c1tiVJiS A!\ILJ L:UNJJf.uUN;:' U,tA lnt:. ivA. 'I'll
REFERRED TO IN BLOCK5, REMAIN UNCHANGED. TERMS OF THIS MODlF[CATION:

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:

Supplies/Services Quantity Unit Unit Price Annual Amount

NS OetentinfEquipment Space 3 1 568 Sq. Ft. $4,861.40 Mth $58,337.00

II. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION:

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

A. LOCAL GOV"ERNMENT B. FEDERAL GOVERNMENT


,tUUU ~d.~
Signatul"e Signature

,Debra Bral!lJlc I.-J..J-(J ~


Contractirzg Officer
nn..E DATE TITLE DATE

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

8. ACCOUNTING CITATION 9. ESTIMA1ED ANNUAL PAYMENT


15)(1020
O. EXCEPT AS PROVIDED SPECrFICALL Y HEREm, ALL TERMS AND CONDITIONS OF THE rGA DOCUMENT
REFERRED TO IN BLOCK 5, REMAIN U'NCIiANGED. TERMS OF THIS MODIFICATION:

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:

Eastern Regional Office


Detention and Deportation Division
70 Kimball Avenue
S. Burlington, VT 50403-6813

I. (NSTRucrIONS TO LOCAL GOVERNMENT FOR EXECUTION ;JF nns MODIFICATION:

A. lEI LOCAL GOVERNMENT IS NOT REQUIRED


TO SIGN TInS DOCUMENT
B. o LOCAL GOVERNMENT IS ~UIR:f.D
TO SIGN lHIS DOCUM.'ENT RETURN
- COPIES TO U.S. MARSIY.L

12. APPROVALS

A. LOCAL GOVERNMENT :S. FEDERAL GO\f.ERl.l'l.l.ffNT

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

This memorandum of understanding (MOU) provides the means


for Immigration and Nattiralization Service, Atlanta District,
to house their detainees in the Etowah County Jail, at a cost of
$30.00 per day, under Contract J-B01-M-l30 between the United
States Marshals Service, Northern Discrict of Alabama, and the
. Etowah County Jail. The period of stay for each detainee will
not exceed 72 hours, excep~ in exigent circumstances, The
maximum number of detainees will not exceed one hundred and
twenty-five (125) at any given time. This MOU will pe in effect
until contract J-B~. -M-l30 .is renegotiated.

~~~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

'. , 0"'0 bS,b7e Chief Jailer

...
15XI020 ConUCl Person
(205) bS,b7c

..
A.:ru Code &: Telephone No .
L
ITEN !'«t. SUPPl.t ESISERVlCEi QU.::hlrY , u~ 1/N1':~'"Cll .. ": ..

''I'his agreement is for the housing,


safek.eapine- and subsistence of USMS ESTlM..o\TED
adult male and female federal PER DIEM ANNUAL
prisoners in accordance with the ;QAY5YYR RA'IE U,YMENT
con~nt.s set forth. hereirl. 25,550 Pds 130.00 1766,500.00

... IS. LO<'ALOOVERNM£NT AUl'HOIU2ED TO SlCtI .... GR.2I!!M~

To the bar oj"" Icnow/edge and Mnq; datb


sybmilled III supp<Jrl 0/ thi.l (llnement is trut
-J=
~
a.~ .P ~ o~
(Sitll4lour)
8 - 5-91

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 ••

Jaaes Rayes Sheriff


NUIU (TIP< rH Print) Tide

Ii. TYPE OF USE 17. P).IS:ONl<ll. TYPE TO BE INCLUDED I !O. J.,


o H old Ovcr UNSENTENCED SENTENCED
EI RCiu!;u SlIppon !Xl Adult MaJ..e 0 Adu ll 1\UI.e
o Seasonll Support 53 AdlJ lt F emale 0 Adult Fenu.lc TKE WITED STATES OF AMERICA
o O{b~ o Ju ....cnUc Male 0 hlveci!c Mal, BY DUtEcnON' OF THE DIRECTOR. OF T HE UNrreo
o Juv.cnl1c Fcm:alc 0 Jl)YC1Iile Female S'TA.TES MARSHALS SERVtCE
g~~!n~~USE o Aliens 0 Work Itdeau
o Medium
KJ
m.
Major
0
0
YeA Mil e
YCA F'CDnlc

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

IntergovernmeataI Servlce Agreement Schedule


I
IGA No.
J-B01-M-130 I PQle No.
-2- of-1O...

ARTICLE I - PURPOSE AND SECURIN PROVIDED

The purpose of this Intergovernmental Service Agreement QGA) Is to establish a


formal blndlng relationshIp between the United States Marshals Service (USMS)
and other federal user agencies (the Federal Govemment) and Etowah County
Sheriff Department (the Local Government) for the detention of persons
charged with or convicted of violations of federal low or held as material
witnesses (federal prisoners) at the Etowah County Jail (the facility).

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. Neither this agreement nor any interest therein maybe aSSigned or


transferred to any other party without prior written approval by the USMS,

2, None of the principal activlties of the project-supported effort shall be


contracted out to another organization without prior approval by the USMS.
Where the intention to award contracts is made known at the 'lime of
application. me approval may be considered granted if these activities are
funded as proposed.

3. All coniracts or assignments must be formalized In a written contract or other


...
written agreement between the parties inVOlved .

4. The contract or agreement must at a mlnlmwm, state 'the activities to be


performed, the time schedule. the prDJect pOlicies, and the flow-through
requirements that are applicable to me
contractor or other recipient, other
poliCies and procedures to be followed. the dollar IImltaffon of the agreement
'and the cost principles tD be used In determining allowable costs. The contract
or other written agreement must not affect the recipient's overall respons(bility'
for the duration of the project and accountablli1y to the goveniment.

Form USM-24;:B (Rtv.. 2192)


U.S. Department of Justice
Unif~d States Marshals ,service

Interg-onrnmeDtar Service Agreement Schedule


IIGA No.
J-B01-M-130 Ip"jC" No.
of..lO...

ARTICLE III - MEDICAL SERVICES

,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

1. The Local Government agrees to accept as federal prisoners 1hose persons


committed by fBderal law enforcement officers for violaiions of federal laws
only upon presentation by the officer of proper low enforcement credentials,

2. The Local Govemment agrees to release federal prisoners only to law


enforcement officers of agenCies init1ally commlffing 1he prisoner O.e., DEA INS.
etc.) or to a Deputy USM. Those prisoners who are remanded to custody by a
u.s. Department of Justice
Urriud Stares Marshals S~T1Iice

Intergovernmental Service Agreement Schedule


lIGA No.
J..BO 1·M·130 I
Pag~ No.
4 of 10

USM may. only be released to a USM or an agent specified by the USM of the
JUdicial DistrIct,

3. The Federal Government agrees to maintain federal prIsoner population


levels at or beloW' the lever established by the facility administrator.

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.

ARTICLE V - PERIOD OF PERFORMANCE

This agreement shall be in effect indefinitely until terminated In writing by either


party. Should conditions of on unusual nature occur making it impractical or
undesirable to continue to house prIsoners, thC? Local Government may suspend
or restrict the use of the facilIty by giving wriiten notice to ·the USM. Su.ch notice
will be provided thirty (30) days in advance of the effective date of formal
termination and at least two (2) weeks in advance of a suspension or restriction
of use unless an emergency situation requires the immediate relocation of
prisoners.

ARTICLE VI - PER DIEM RATE AND ECONOMIC PRICE ADJUSTMENT

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.

Form USJ.N4iB (Re~. 2/92l


U.S. Department of Justice
Unired States Marshals Senice

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.

ARTICLE VII - BI LUNG AND FI NANCIAL PROVISIONS

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.

ARTICLE VIII - SUPERVISION AND MONITORING RESPONSIBILITY

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.

ARTICLE IX - ACCOUNTING SYSTEMS AND FINANCIAL RECORDS

1. The recipient shall be required to establish and maintain accounting systems


and financlol records that accurately account for the funds awarded. These
. records shall include both federal funds and all matching funds of state, local.
and private organizations, stote ondlocol recipients sholl expend and account
for funds in accordance with state laws and procedures for expending and .
accouniing for Its own funds. as well as meet the financial management
standards In 28 Code of Federal Regula1ions (CFR). Part 66, and current revisions
of OMS CIrcular A-a7.

Form USM-241B (Rev. 2Jtn..)


U.S. Department Dr JllStice
United Stales M4r.rhals Service

IlltergovC!rrunellta.1 Service Agreement Schedule


I
IGA No.
J-80l-M-130 I---.-l
Page No.
of ---.lD

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.

ARTICLE X - MAINTENANCE AND RETENTION OF RECORDS AND ACCESS TO


RECORDS ;-
J
1. In accordance with 28 CFR. Part 66, all financial records, supporting
documents, statistical records, and other records pertinent to contracts or sub-
awards awarded under this IGA sha!! be retained by each organization
partiCipating In the program for at least three (3) years for purposes of federal
exomination and audit.

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

Form USM-2liB (Rev ?IQ?)


u .S. ~partm.enrof Justice
UniT:d Srates Marshals Service

Intergovernmental Service Agreement Schedule IIGA No.


J·B01·M-130
.
l ?agt Nfl.
-B-oJ.lO-

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.

ARTICLE XI - GOVERNMENT FURNISHED PROPERlY

1. It is the Intention of the USMS to furnish excess federal property to local


governments for the specific purpose of improving jail conditions and seN/ces.
Accountable excess property. such as fumlture and equipment. remains titled to
the USMS and shall be returned to the custody ofthe USMS upon termination of
the agreement.

2. The Local Government agrees to inventory- maintain, repair, assume liability.


for, and manage all federally provided accountable property as well as
control/ed excess property. Such property cannot be removed from the jail
without the prior written approval of USMS Headquarters. The loss or destruction
of any such excess property shall be Immediately reported to the USM and USMS
Headquarters. Accountable and controlled excess property Includes any
property wITh a unit acqUisition value of $ J ,000 or more, all furniture, as well as
equipment used for security and control, communica1ion. photography, food
seNice, medical care, inmate recreation. etc.

3. The suspension of Use or restriction of bedspace made available to the USMS


are ag~eed to be grounds for 1he recall and return of any or all government
furnished property.

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

Intergovernmental Servke Agreement Schedule 1


IGA No.
J-B01-M-130

maintenance, storage, and other expenses related to the care and responsiblll1y
for all property furnished to the local Government.

ARTICLE XII- MODIFICATIONS/DISPUTES

1. Either party may Initiate a request for modificatIon to this agreement In


wrIting. All modifications negotiated will be wri11en and approved by the USMS
Contracting Officer and submitted to the Local Government on farm USM 2410
for approval.

2. Disputes. questions. or concems pertaining to this agreement will be resolved


betvJeen the USM and the appropriate Local Government official. Space
guarantee questions along with any other unresolved issues are to be directed
to the Chief, Prisoner Services Division.

ARTICLE XIII - INSPECTION


f
The Local Government agrees to allow periodic inspections of the facility by
USMS Inspectors. Rndings of the inspection will be shored with the facility
administrator in order to promote improvements to facility operations, conditions
of confinement and levels of services. The mandatory minimum condltions of
confinement which are to be met during the entire period of the IGA
agreement are:

1. Adequate, trained jail staff wiU be provided 24 hours a day to supervise


prisoners. Prisoners will be counted at least once on every shift but at least
twice in every 24~hour per/od. One of the counts must be visual to validate
prisoner occupancy.

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.
-

4. Jail will provide 24-hour emergency medical care for prisoners.

Form USM-24111 (Rev. 2192)


U.S. Department ot Justice
UniTed Stares Marshals Service

Intergovernmental Service Agreement Sr:hedule I


IGA No.
J-80 l-M-130 IPact! No,
....1Q.. oj J.D-

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.

ARTICLE XIV - CONFLICT OF INTEREST

Personnel and other officials connected with the agreement shall adhere to the
requIrements given below:

1. Advice. No official or employee of the recipient a sub-recipient or a


contractor shall participate personally through decisions. approval, disapproval,
recommendation, ihe rendering of advice, investigation, or otherwise In any
proceeding. application, request for a ruling or other determination. contract
grant coopera11ve agreement claim, controversy. or other particular matter In
which Department of Justice funds are used. ~here to his/her knowledge,
·he/she or his/her immedIate family, partners, organization other than a public
agency in which he/she Is serving as an officer. director. trustee, portner, or
employee, or any person or organization with whom he/she Is negotiating or has
any arrangement conceming prospective employment has a financiol interest
or less than an arms-length transaction.

2. Appearance. In the use of Department of Justice project funds, offIcials or


. employe9s of the recipient a sub-recipient or a contractor, shall avoid any
action which might result in, or create 1he appearance of:

a. Using his or her Official pOSition for private gain:


b. Giving preferential treatment to any person;
c. Losing complete independence or Import1ality;
d. Maklng an official deCision butslde official channels;
or
e. Affectlng adversely me confidence of the public In the Integrity of the
government or the program.

Form USM·24iB lR.ev. 2192)


OFFICIAL USE ONLY SENSITIVE Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

Immigration and Customs Enforcement PREPARED BY


Office of Professional Responsibility b6,b7c

REPORT OF INVESTIGATION 2. REPORT NUMBER


HB 4200-01 (37), Special Agent Handbook 001
3. TITLE
ETOWAH COUNTY, DETENTION CENTER/Unknown/Civil Rights Violation/GADSDEN,
ETOWAH, AL
4. FINAL RESOLUTION

5. STATUS 6. TYPE OF REPORT 7. RELATED CASES


Initial Report Allegation

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

b6,b7c - Joint Intake Specialist 09-AUG-2007 Joint Intake Center


12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER
b6,b7c - ICE-OPR Special Agent
Supervisor 09-AUG-2007 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.

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 2 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE

none

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 3 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 1 of 4

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

Immigration and Customs Enforcement PREPARED BY


Office of Professional Responsibility b6,b7c

REPORT OF INVESTIGATION 2. REPORT NUMBER


HB 4200-01 (37), Special Agent Handbook 001
3. TITLE
SUBJECT, UKNOWN/Unknown/Non-Criminal Misconduct/GADSDEN, ETOWAH, AL
4. FINAL RESOLUTION

5. STATUS 6. TYPE OF REPORT 7. RELATED CASES


Initial Report Allegation

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.

This report documents the relevant material received.

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.

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 2 of 4

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

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

Assistant Field Office Director


New Orleans Field Officer
THROUGH: b6,b7c

Acting Supervisory Detention & Deportation Officer


FROM: b6,b7c

Supervisory Immigration Enforcement Agent


Gadsden, AL

SUBJECT: Detainees Missing Money

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, Supervisory Immigration Enforcement Agent, b6,b7c began to complete an


1-216/1¬203A to detain b6,b7c 1 reviewed his property in front of him to log the property.
b6,b7c had $498.00 cash in his property bag. He stated that he should have $698.00.

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

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 3 of 4

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

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 contacted Special Agent b6,b7c


to notify him of the situation, and he was unaware that
b6,b7c had any missing money. I also notified IEA b6,b7c and he stated that when he picked
up b6,b7c he did not review his property, but did keep it separated from the detainees. I, with
IEA b6,b7c as a witness, thoroughly searched b6,b7c and the detainee with whom he was
released to verify any unaccounted money might be concealed. b6,b7c was the only detainee
claiming to be missing money.

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.

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 4 of 4

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

Immigration and Customs Enforcement PREPARED BY


Office of Professional Responsibility b6,b7c

REPORT OF INVESTIGATION 2. REPORT NUMBER


HB 4200-01 (37), Special Agent Handbook 001
3. TITLE
ETOWAH COUNTY, DETENTION CENTER/Unknown/Civil Rights Violation/GADSDEN,
ETOWAH, AL
4. FINAL RESOLUTION

5. STATUS 6. TYPE OF REPORT 7. RELATED CASES


Initial Report Allegation

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

b6,b7c - Joint Intake Specialist 09-AUG-2007 Joint Intake Center


12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER
b6,b7c - ICE-OPR Special Agent
Supervisor 09-AUG-2007 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.

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 2 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE

none

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 3 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

Immigration and Customs Enforcement PREPARED BY


Office of Professional Responsibility b6,b7c

REPORT OF INVESTIGATION 2. REPORT NUMBER


HB 4200-01 (37), Special Agent Handbook 001
3. TITLE
UNKNOWN, UNKNOWN/Unknown/Civil Rights Violation/GADSDEN, ETOWAH, AL
4. FINAL RESOLUTION

5. STATUS 6. TYPE OF REPORT 7. RELATED CASES


Initial Report Allegation

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

b6,b7c - Joint Intake Specialist 01-OCT-2008 Joint Intake Center


12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER

b6,b7c - JIC Supervisor 01-OCT-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.

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 2 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE

none

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 3 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 1 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

Immigration and Customs Enforcement PREPARED BY


Office of Professional Responsibility b6,b7c

REPORT OF INVESTIGATION 2. REPORT NUMBER


HB 4200-01 (37), Special Agent Handbook 001
3. TITLE
b6,b7c DEPRTN OFFCR/Non-Criminal Misconduct/GADSDEN, ETOWAH, AL
4. FINAL RESOLUTION

5. STATUS 6. TYPE OF REPORT 7. RELATED CASES


Initial Report Allegation

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

b6,b7c - Joint Intake Specialist 31-OCT-2007 Joint Intake Center


12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER
b6,b7c - JIC Supervisor 02-NOV-2007 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.

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 2 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
CONTINUATION
HB 4200-01 (37), Special Agent Handbook 001
10. NARRATIVE

None

OFFICIAL USE ONLY SENSITIVE


OFFICIAL USE ONLY SENSITIVE Page 3 of 3

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER


b2High

PREPARED BY
b6,b7c

REPORT OF INVESTIGATION
2. REPORT NUMBER
Exhibit List
HB 4200-01 (37), Special Agent Handbook 001
None

OFFICIAL USE ONLY SENSITIVE


Department Of Homeland Security Detention Facility Inspection Form
Immigration and Customs Enforcement Facilities Used Over 72 hours

A. Type of Facility Reviewed Estimated Man-days Per Year:


ICE Service Processing Center 122,000
ICE Contract Detention Facility
ICE Intergovernmental Service Agreement G. Accreditation Certificates
List all State or National Accreditation[s] received:
B. Current Inspection
Type of Inspection Check box if facility has no accreditation[s]
Field Office HQ Inspection
Date[s] of Facility Review H. Problems / Complaints (Copies must be attached)
September 3-5, 2008 The Facility is under Court Order or Class Action Finding
Court Order Class Action Order
C. Previous/Most Recent Facility Review The Facility has Significant Litigation Pending
Date[s] of Last Facility Review Major Litigation Life/Safety Issues
September 17-18, 2007 Check if None.
Previous Rating
Superior Good Acceptable Deficient At-Risk I. Fa cility History
Date Built
D. Name and Location of Facility March 1994
Name
Date Last Remodeled or Upgraded
Etowah County Jail April 2003
Address (Street and Name)
Date New Construction / Bed space Added
827 Forest Avenue
City, State and Zip Code
April 2003, 420 beds
Gadsden, Alabama 35901 Future Construction Planned
County Yes No Date:
Etowah County Current Bed space Future Bed space (# New Beds only)
Name and Title of Chief Executive Officer (Warden/OIC/Supt.) 856 Number: Date:
b6,b7c Jail Administrator
Telephone # (Include Area Code) J. To tal Facility Population
256 b6,b7c Total Facility Intake for previous 12 months
Fiel b-Office (List Office with oversight responsibilities) 9,655
New Orleans Total ICE Man-days for Previous 12 months
Distance from Field Office 120,363
6 hours
K. Classification Level (ICE SPCs and CDFs Only)
E. ICE Information L-1 L-2 L-3
Name of Inspector (Last Name, Title and Duty Station) Adult Male
b6,b7c / RIC / Security Adult Female
Name of Team Member / Title / Duty Location
b6 SME Adinistrative /
Name of Team Member / Title / Duty Location L. Facility Capacity
b6 / SME Health Services / Rated Operational Emergency
ember / Title / Duty Location Adult Male 630
b6 / SME Food Services / Adult Female 226
Member / Title / Duty Location Facility holds Juveniles Offenders 16 and older as Adults
b6 / SME Safety /
M. Av erage Daily Population
F. CDF/IGSA Information Only ICE USMS Other
Contract Number Date of Contract or IGSA Adult Male 216
01-99-0132 2004 Adult Female 128
Basic Rates per Man-Day
$35.12 N. Fa cility Staffing Level
Other Charges: (If None, Indicate N/A) ort:
separate contract for detainee transportation b2High

FOR OFFICIAL U xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ENT 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

Significant Incident Summary Worksheet


For ICE to complete its review of your facility, the following information must be completed prior to the scheduled review dates. The
information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used
in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained
population. This form should be filled out by the facility prior to the start of any inspection. Failure to complete this section will
result in a delay in processing this report and the possible reduction or removal of ICE’ detainees at your facility.

Incidents Description Jan – Mar Apr – Jun Jul – Sept Oct – Dec

Assault: Types (Sexual2, Physical, etc.)


P P P P
Offenders on
Offenders1 With Weapon
0 0 0 0

Without Weapon
8 7 6 6

Assault: Types (Sexual Physical, etc.)


0 0 P 0
Detainee on
Staff With Weapon
0 0 0 0

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

DHS/ICE Detention Standards Review Summary Report


1. Acceptable 2. Deficient 3. At Risk 4. Repeat Finding 5.Not Applicable
Legal Access Standards 1. 2. 3. 4. 5.
1. Access to Legal Materials
2. Group Presentations on Legal Rights
3. Visita tion
4. Telephone Access
Detainee Services
5. Admi ssion and Release
6. Cl assification System
7. Correspondence and Other Mail
8. Det ainee Handbook
9. Food Service
10. Funds and Personal Property
11. Detainee Grievance Procedures
12. Issuance and Exchange of Clothing, Bedding, and Towels
13. Marri age Requests
14. Non-Medical Emergency Escorted Trip
15. Recreation
16. Relig ious Practices
17. Voluntary Work Program
Health Services
18. Hunger Strikes
19. Medical Care
20. Suicide Prevention and Intervention
21. Terminal Illness, Advanced Directives and Death
Security and Control
22. Contr aband
23. Detention Files
24. Disciplina ry Policy
25. Emergenc y Plans
26. Environmental Health and Safety
27. Hold Rooms in Detention Facilities
28. Key and Lock Control
29. Popul ation Counts
30. Pos t Orders
31. Security Inspections
32. Special Management Units (Administrative Segregation)
33. Special Management Units (Disciplinary Segregation)
34. T ool Control
35. Transpor tation (Land management)
36. Use of Force
37. Staff / Detainee Communication (Added August 2003)
38. Detainee Transfer (Added September 2004)

All findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet compliance.

FOR OFFICIAL US xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ENT 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

RIC Review Assurance Statement

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.

Reviewer-In-Charge: (Print Name) Signature

b6,b7c
ocation Date

Reviewer in Charge/Security September 7, 2008

Team Members
Print Name, Title, & Duty Location Print Name, Title, & Duty Location

b6 Admiistrative b6 Food Service


Print Name, Title, & Duty Location Print Name, Title, & Duty Location

b6 Medical b6 Environment Health and Safety

Recommended Rating: Superior


Good
Acceptable
Deficient
At-Risk

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.

FOR OFFICIAL U xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx MENT SENSITIVE)


Form G-324A SIS (Rev. 7/9/07)

You might also like