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U. S. DEPARTMENT OF JUSTICE

Corrective Action Report

Issue and Milestone Schedule

Date of Submission
First Quarter Update:
Second Quarter Update:
Third Quarter Update:
End of Year Report: 10/21/02

Issue Title

Detention Space and Infrastructure

Issue ID

1989-6401

Organization
Office of Detention Trustee; U.S. Marshals ServiceImmigration and Naturalization Service

Date First
Initiated

09/30/89

Original Target for Completion

09/30/92

Current Target for Completion

01/30/03

Actual Date of Completion

Issue Type (Organization Rating)


Material Weakness

Source Title

BOP

Date of Source Report

1985

Issue Type (DOJ Rating)

Material Weakness

Issue Description

Detention space for the United States Marshals Service (USMS) and the Immigration and Naturalization Service (INS) has been a management challenge since 1989.  Both agencies are experiencing rapid growth in their use of detention space, from an average of 31,966 beds in 1996 to a projected 64,800 beds in 2003.  (The actual number of detainees in the custody of the USMS and the INS on September 30, 2002, was 63,779.)  The USMS is experiencing a shortage of detention space near federal court cities, resulting in the need to transport prisoners to other distant facilities, often in other states.  The INS apprehends 1.6 million illegal aliens annually.  The INS has some discretion on who it detains; however, because of statutory changes enacted by Congress in 1996, INS is required to detain certain aliens until their removal.  This results in the detention of more aliens who previously could have been released on bond pending the outcome of their removal proceedings.  It is the INS' experience that the vast majority of non-detained aliens do not appear for their removal hearings and/or do not surrender for removal after a final order of removal has been issued.  Therefore, detention is an effective tool to ensure participation in removal proceedings and compliance with removal orders.  This expanding need for detention space places increasingly heavy demands on the INS and USMS infrastructure, including transportation, buildings, communications equipment, and staff.  This also increases concerns related to health and safety of detainees and USMS and INS employees.

What We Will Do About It

To deal with this multi-agency issue, the Department of Justice (Department) created a Detention Planning Committee which, in turn, developed a multi-year Federal Detention Plan.  The Department worked with the USMS, INS, and the Bureau of Prisons to update this plan in February 2000.  In addition, the Department appointed a Detention Trustee in FY 2001 and established the Office of the Detention Trustee (ODT).  The Detention Trustee is now responsible for oversight and management of many multi-agency issues related to detention.

The USMS will maintain and expand the use of state and local jail space through the use of Interagency Agreements (IGAs), the Cooperative Agreement Program, and the recently expanded contract authority for service contracts for contract beds. 

Previously, the USMS planned to establish detention management and oversight positions at contract jails housing 200 or more USMS prisoners (this plan was identified as milestone #4 in previous reports).  ODT supported this plan, in keeping with the stated office mission.  At this time, ODT does not have the authority to request employees on behalf of USMS to further this goal.  ODT is in the process of changing the current policy so that ODT employees can perform this function in detention facilities identified by USMS.  Until the current policy has been changed, this plan has been tabled until manpower and resources become available.  ODT has completed conditions of confinement reviews of 40 facilities.  Additional funding for conditions of confinement reviews was requested for FY 2003.

The INS will pursue alternatives to detention and less restrictive detention options in the coming years.  INS is committed to ensuring that, to the greatest extent possible, detained aliens are placed in facilities appropriate to their background and circumstance.  INS will continue to review the management of the Detention and Removal Program via the INS Program for Excellence and Comprehensive Tracking (INSpect) and through the newly created Operations Analysis, Training, and Compliance Division.  The scope of the review includes facility issues, security and control, detainee conduct and detainee services, transportation and escort, and docket control. 

Regarding milestone #3, INS has created a robust detention bed space projection model, in conjunction with an experienced Department contractor.  This model will help INS manage resources and forecast bed space requirements.  The model is district based and will assist the INS in the justification of needed staff, budget, and construction requests.  These efforts will contribute to the Departmentwide model.

Regarding milestone #4, ODT did not receive the money to complete the project in November 2002, so the target date has been pushed back 2 months.

Regarding milestone #5, the baseline report and needs assessment was completed in May and was submitted to OMB on 06/30/02; however, submission to Congress was delayed due to publishing issues after departmental review.

Milestones

Original Target Date

Current Target Date

Actual Date of Completion

1.  Establish a Detention Trustee.

09/30/01

09/30/01

09/30/01

2.  Expand the current 5-year contract authority for Service Contracts.  (Public Law 106-553)

09/30/99

11/30/00

12/21/00

3.  Create a more encompassing model for projecting detainee population.  (INS)

05/30/01

05/30/01

07/30/01

4. (Previously milestone 5).  Establish an oversight team to handle privatization issues and private jail contracts.  (ODT)

11/30/99

01/30/03

 

5.  (Previously milestone 6).  Complete a needs assessment and develop a baseline report. (ODT)

05/05/02

05/05/02

07/30/02

How We Will Know It Is Fixed

(1) There will be sufficient bed space capacity to house criminal defendants and illegal aliens in each federal court city (including EOIR locations) without unwarranted transportation by the USMS and INS.

(2) there will be consolidated detention planning that ensures that detention bed space is acquired in a cost-efficient manner that leverages the combined needs of the USMS and INS.

(3) a data system will be established that identifies available bed space for use by federal law enforcement, particularly the USMS and INS.

(4) implementation of national standards that are applicable to all space providers and achievement of a high level of compliance with those standards.