S.744 Immigration bill - Sec. 3716: OVERSIGHT OF DETENTION FACILITIES
Posted Wed, Apr 17, 2013 at 4:58 pm
- (a) Definitions- In this section:
- (1) APPLICABLE STANDARDS- The term `applicable
standards' means the most recent version of detention standards and
detention-related policies issued by the Secretary or the Director of
U.S. Immigration and Customs Enforcement.
- (2) DETENTION FACILITY- The term `detention facility'
means a Federal, State, or local government facility, or a privately
owned and operated facility, that is used, in whole or in part, to hold
individuals under the authority of the Director of U.S. Immigration and
Customs Enforcement, including facilities that hold such individuals
under a contract or agreement with the Director.
- (b) Detention Requirements- The Secretary shall ensure that
all persons detained pursuant to the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) are treated humanely and benefit from the
protections set forth in this section.
- (c) Oversight Requirements-
- (1) ANNUAL INSPECTION- All detention facilities shall
be inspected by the Secretary on a regular basis, but not less than
annually, for compliance with applicable detention standards issued by
the Secretary and other applicable regulations.
- (2) ROUTINE OVERSIGHT- In addition to annual
inspections, the Secretary shall conduct routine oversight of detention
facilities, including unannounced inspections.
- (3) AVAILABILITY OF RECORDS- All detention facility
contracts, memoranda of agreement, and evaluations and reviews shall be
considered records for purposes of section 552(f)(2) of title 5, United
- (4) CONSULTATION- The Secretary shall seek input from
nongovernmental organizations regarding their independent opinion of
- (d) Compliance Mechanisms-
- (1) AGREEMENTS-
- (A) NEW AGREEMENTS- Compliance with applicable
standards of the Secretary and all applicable regulations, and
meaningful financial penalties for failure to comply, shall be a
material term in any new contract, memorandum of agreement, or any
renegotiation, modification, or renewal of an existing contract or
agreement, including fee negotiations, executed with detention
- (B) EXISTING AGREEMENTS- Not later than 180 days
after the date of the enactment of this Act, the Secretary shall secure a
modification incorporating these terms for any existing contracts or
agreements that will not be renegotiated, renewed, or otherwise
- (C) CANCELLATION OF AGREEMENTS- Unless the
Secretary provides a reasonable extension to a specific detention
facility that is negotiating in good faith, contracts or agreements with
detention facilities that are not modified within 1 year of the date of
the enactment of this Act will be cancelled.
- (D) PROVISION OF INFORMATION- In making
modifications under this paragraph, the Secretary shall require that
detention facilities provide to the Secretary all contracts, memoranda
of agreement, evaluations, and reviews regarding the facility on a
regular basis. The Secretary shall make these materials publicly
- (2) FINANCIAL PENALTIES-
- (A) REQUIREMENT TO IMPOSE- Subject to subparagraph
(C), the Secretary shall impose meaningful financial penalties upon
facilities that fail to comply with applicable detention standards
issued by the Secretary and other applicable regulations.
- (B) TIMING OF IMPOSITION- Financial penalties
imposed under subparagraph (A) shall be imposed immediately after a
facility fails to achieve an adequate or the equivalent median score in
any performance evaluation.
- (C) WAIVER- The requirements of subparagraph (A)
may be waived if the facility corrects the noted deficiencies and
receives an adequate score in not more than 90 days.
- (D) MULTIPLE OFFENDERS- In cases of persistent and
substantial non-compliance, including scoring less than adequate or the
equivalent median score in 2 consecutive inspections, the Secretary
shall terminate contracts or agreements with such facilities within 60
days, or in the case of facilities operated by the Secretary, such
facilities shall be closed within 90 days.
- (e) Reporting Requirements-
- (1) OBJECTIVES- Not later than June 30 of each year,
the Secretary shall prepare and submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House of
Representatives a report on inspection and oversight activities of
- (2) CONTENTS- Each report submitted under paragraph (1) shall include--
- (A) a description of each detention facility found
to be in noncompliance with applicable detention standards issued by the
Department and other applicable regulations;
- (B) a description of the actions taken by the
Department to remedy any findings of noncompliance or other identified
problems, including financial penalties, contract or agreement
termination, or facility closure; and
- (C) information regarding whether the actions
described in subparagraph (B) resulted in compliance with applicable
detention standards and regulations.
OVERSIGHT OF DETENTION FACILITIES