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 States Code.

      (4) CONSULTATION- The Secretary shall seek input from nongovernmental organizations regarding their independent opinion of specific facilities.

    (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 facilities.

        (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 modified.

        (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 available.

      (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 detention facilities.

      (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.

3716
OVERSIGHT OF DETENTION FACILITIES