Safe Treatment, Avoiding Needless Deaths, and Abuse Reduction in the Detention System Act or the Strong STANDARDS Act - Directs the Secretary of Homeland Security (DHS) to: (1) ensure that all individuals subject to detention under the Immigration and Nationality Act (detainees) are treated humanely and granted specified protections; and (2) comply with minimum requirements concerning detainees set forth in this Act.
Sets forth requirements concerning a wide range of issues, including: (1) detainee medical care, examinations, and records; (2) detainee releases, transfers, and transportation; (3) detainee access to telephones, legal information and representation, translation services, and recreational activities; (4) protection of detainees from abuse, the unique needs of vulnerable detainees, and the segregation of children; (5) limitations on solitary confinement, shackling, and strip searches; (6) detainee visits with religious individuals and children; (7) detention facility personnel training; (8) detainee grievances; and (9) facility compliance.
Sets forth specific requirements for short-term (72 hours or less) detention facilities, including concerning: (1) provision of basic needs, detainee access to consular officials and health care professionals, and the return of property; and (2) protections for children.
Requires the Secretary to appoint and convene an Immigration Detention Commission to conduct independent investigations of detention facility and DHS compliance with requirements under this Act. Establishes reporting requirements concerning any individual who dies while in DHS custody.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4470 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4470
To ensure that individuals detained by the Department of Homeland
Security are treated humanely, provided adequate medical care, and
granted certain specified rights.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 19, 2010
Ms. Watson introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Homeland Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To ensure that individuals detained by the Department of Homeland
Security are treated humanely, provided adequate medical care, and
granted certain specified rights.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Treatment, Avoiding Needless
Deaths, and Abuse Reduction in the Detention System Act'' or the
``Strong STANDARDS Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Detainee.--The term ``detainee'' means an individual
who is subject to detention under the Immigration and
Nationality Act.
(2) Detention.--The term ``detention'' means government
custody or any other deprivation of an individual's freedom of
movement by government agents.
(3) Detention facility.--The term ``detention facility''
means any Federal, State, local government facility, or
privately owned and operated facility that is used to hold
detainees for more than 72 hours.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Short-term detention facility.--The term ``short-term
detention facility'' means any Federal, State, local
government, or privately owned and operated facility that is
used to hold immigration detainees for 72 hours or less.
(6) Unaccompanied alien children.--The term ``unaccompanied
alien children'' has the meaning given the term in section
462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).
SEC. 3. DETENTION CONDITIONS.
(a) In General.--The Secretary shall--
(1) ensure that all detainees are treated humanely and
granted the protections described in this section; and
(2) comply with the minimum requirements set forth in this
section.
(b) Quality of Medical Care.--
(1) Right to medical care.--Each detainee has the right
to--
(A) prompt and adequate medical care, designed to
ensure continuity of care, at no cost to the detainee;
(B) care to address medical needs that existed
prior to detention; and
(C) primary care, emergency care, chronic care,
reproductive health care, prenatal care, dental care,
eye care, mental health care, and other medically
necessary specialized care.
(2) Screenings and examinations.--Each detainee shall
receive--
(A) a comprehensive medical, dental, and mental
health intake screening, including screening for sexual
abuse or assault by a licensed health care professional
upon arrival at a detention facility or short-term
detention facility; and
(B) a comprehensive medical and mental health
examination by a licensed health care professional not
later than 14 days after the detainee's arrival at a
detention facility.
(3) Medications and treatment.--
(A) Prescriptions.--Each detainee taking prescribed
medications prior to detention shall be allowed to
continue taking such medications, on schedule and
without interruption, until and unless a licensed
health care professional examines the immigration
detainee and decides upon an alternative course of
treatment. Detainees who arrive at a detention facility
without prescription medications and report being on
such medications shall be evaluated by a qualified
health care professional not later than 24 hours after
arrival. All decisions to discontinue or modify a
detainee's reported prescription medication regimen
shall be conveyed to the detainee in a language that
the detainee understands and shall be recorded in
writing in the detainee's medical records.
(B) Psychotropic medication.--Medication may not be
forcibly administered to a detainee to facilitate
transport, removal, or otherwise to control the
detainee's behavior. Involuntary psychotropic
medication may only be used, to the extent authorized
by applicable law, in emergency situations after a
physician has personally examined the detainee and
determined that--
(i) the detainee is imminently dangerous to
self or others due to a mental illness; and
(ii) involuntary psychotropic medication is
medically appropriate to treat the mental
illness and necessary to prevent harm.
(C) Treatment.--Each detainee shall be provided
medically necessary treatment, including prenatal care,
prenatal vitamins, hormonal therapies, and birth
control. Female detainees shall be provided with
adequate access to sanitary products.
(4) Medical care decisions.--Any decision regarding
requested medical care for a detainee--
(A) shall be made in writing by an on-site licensed
health care professional not later than 72 hours after
such medical care is requested; and
(B) shall be immediately communicated to the
detainee.
(5) Administrative appeals process.--
(A) In general.--Detention facilities, in
conjunction with the Department of Homeland Security,
shall ensure that detainees, medical providers, and
legally appointed advocates have the opportunity to
appeal a denial of requested health care services by an
on-site provider to an independent appeals board.
(B) Appeals board.--The appeals board shall include
health care professionals in the fields relevant to the
request for medical or mental health care.
(C) Decision.--Not later than 7 days after an
appeal is received by the appeals board under this
paragraph, or earlier if medically necessary, the
appeals board shall issue a written decision regarding
the appeal and notify the detention facility and the
appellee of such decision.
(6) Review of on-site medical provider requests.--
(A) In general.--The Secretary shall respond within
72 hours to any request by an on-site medical provider
for authorization to provide medical or mental health
care to a detainee.
(B) Written explanation.--If the Secretary denies
or fails to grant a request described in subparagraph
(A), the Secretary shall immediately provide a written
explanation of the reasons for such decision to the on-
site medical provider and the detainee.
(C) Appeals board.--The on-site medical provider
and the detainee (or the detainee's legally appointed
advocate) shall be permitted to appeal the denial of,
or failure to grant, a request described in
subparagraph (A) to an independent appeals board.
(D) Decision.--Not later than 7 days after an
appeal is received by the appeals board under this
paragraph, or earlier if medically necessary, the
appeals board shall issue a written decision regarding
the appeal and notify the on-site medical provider, the
detainee, and the detention facility of such decision.
(7) Conditional release.--
(A) In general.--If a licensed health care
professional determines that a detainee has a medical
or mental health care condition, is pregnant, or is a
nursing mother, the Secretary shall consider releasing
the detainee on parole, on bond, or into a secure
alternatives program.
(B) Reevaluation.--If a detainee described in
subparagraph (A) is not initially released under this
paragraph, the Secretary shall periodically reevaluate
the situation of the detainee to determine if such a
release would be appropriate.
(C) Discharge planning.--Upon removal or release,
all detainees with serious medical or mental health
conditions and women who are pregnant shall receive
discharge planning to ensure continuity of care for a
reasonable period of time.
(8) Medical records.--
(A) In general.--The Secretary shall maintain
complete, confidential medical records for every
detainee and make such records available to a detainee
or to individuals authorized by the detainee not later
than 72 hours after receiving a request for such
records.
(B) Transfer of medical records.--Immediately upon
a detainee's transfer between detention facilities, the
detainee's complete medical records, including any
transfer summary, shall be provided to the receiving
detention facility.
(c) Transfers of Detainees.--
(1) Notice.--Absent exigent circumstances, such as a
natural disaster or comparable emergency, the Secretary shall
provide not less than 72 hours written notice to any detainee
before transferring such detainee to another detention
facility. Not later than 24 hours after such transfer, the
Secretary shall notify the detainee's legal representative or
other person designated by the detainee of the transfer, by
telephone and in writing.
(2) Procedures.--Absent exigent circumstances, such as a
natural disaster or comparable emergency, the Secretary shall
not transfer a detainee to another detention facility if such
transfer would--
(A) impair an existing attorney-client
relationship;
(B) prejudice the rights of the detainee in any
legal proceeding, including any Federal, State, or
administrative proceeding; or
(C) negatively affect the detainee's health,
including by interrupting the continuity of medical
care or provision of prescription medication.
(d) Access to Telephones.--
(1) In general.--Not later than 6 hours after the
commencement of a detention of a detainee, the detainee shall
be provided reasonable access to a telephone, with at least 1
working telephone available for every 25 detainees.
(2) Contacts.--Each detainee has the right to contact by
telephone, free of charge--
(A) legal representatives;
(B) nongovernmental organizations designated by the
Secretary;
(C) consular officials;
(D) Federal and State courts in which the detainee
is, or may become, involved in a legal proceeding; and
(E) all government immigration agencies and
adjudicatory bodies, including the Office of the
Inspector General of the Department of Homeland
Security and the Office for Civil Rights and Civil
Liberties of the Department of Homeland Security,
through confidential toll-free numbers.
(3) Emergencies.--Each detainee subject to expedited
removal or who is experiencing a personal or family emergency,
including the need to arrange care for dependents, shall be
allowed to make confidential calls at no charge.
(4) Privacy.--Each detainee has the right to privacy of
telephone conversations made for the purpose of obtaining legal
representation or related to legal matters.
(5) Rates.--The Secretary shall ensure that rates charged
in detention facilities for telephone calls are reasonable and
do not significantly impair the detainee's right to make
telephone calls.
(e) Physical and Sexual Abuse.--
(1) In general.--No detainee, whether in a detention
facility or short-term detention facility, shall be subject to
degrading or inhumane treatment such as physical abuse, sexual
abuse or harassment, or arbitrary punishment.
(2) Prevention.--Detention facilities shall take all
necessary measures--
(A) to prevent sexual abuse and sexual assaults of
detainees;
(B) to provide medical and mental health treatment
to victims of sexual abuse and sexual assaults; and
(C) to comply fully with the national standards for
the detection, prevention, reduction, and punishment of
prison rape adopted pursuant to section 8 of the Prison
Rape Elimination Act of 2003 (42 U.S.C. 15607).
(f) Limitations on Solitary Confinement, Shackling, and Strip
Searches.--
(1) Extraordinary circumstances.--The use of solitary
confinement, shackling, and strip searches of detainees shall
be limited to situations where the use of such techniques is
necessitated by extraordinary circumstances when the safety of
other persons is at imminent risk. These techniques may not be
used for the purpose of humiliating detainees either within or
outside the detention facility.
(2) Protected classes.--Solitary confinement, shackling,
and strip searches may not be used on pregnant women, nursing
mothers, women in labor or delivery, or children who are
younger than 18 years of age. Strip searches may not be
conducted in front of children who are younger than 21 years of
age.
(3) Written policies.--Detention facilities shall--
(A) adopt written policies pertaining to the use of
force and the use of restraints; and
(B) train all staff on the proper use of such
techniques and devices.
(g) Location of Detention Facilities.--
(1) New facilities.--All detention facilities first used by
the Department of Homeland Security after the date of the
enactment of this Act shall be located within 50 miles of a
community in which there is a demonstrated capacity to provide
free or low-cost legal representation by--
(A) nonprofit legal aid organizations; or
(B) pro bono attorneys with expertise in asylum or
immigration law.
(2) Existing facilities.--Not later than January 1, 2012,
all detention facilities used by the Department of Homeland
Security shall meet the location requirement described in
paragraph (1).
(3) Report.--If the Secretary fails to comply with the
requirement under paragraph (2) by January 1, 2012, the
Secretary shall submit a report to Congress on such date, and
annually thereafter, that--
(A) explains the reasons for such failure; and
(B) describes the specific plans of the Secretary
to meet such requirement.
(h) Translation Capabilities.--Detention facilities and short-term
detention facilities shall--
(1) employ staff who are professionally qualified in any
language spoken by more than 10 percent of its detainee
population;
(2) arrange for alternative translation services, as
needed, in the exceptional circumstances when trained bilingual
staff members are unavailable to translate; and
(3) provide notices and written materials to detainees in
the native language of such detainees if such language is
spoken by more than 5 percent of the detainees in the facility.
(i) Legal Access.--All detention facilities shall provide detainees
with--
(1) access to legal information, including an on-site law
library with up-to-date legal materials and law databases;
(2) free access to the necessary equipment and materials
for legal research and correspondence, such as computers,
printers, copiers, and typewriters;
(3) information regarding the availability of legal
information and services to assist those with limited English
proficiency or disabilities;
(4) confidential meeting space to confer with legal
counsel; and
(5) services to send confidential legal documents to legal
counsel, government offices, and legal organizations.
(j) Visitors.--
(1) Legal representation.--Detainees in detention
facilities have the right to meet privately with current or
prospective legal representatives, interpreters, and other
legal support staff for at least 8 hours per day on regular
business days and 4 hours per day on weekends and holidays,
subject to appropriate security procedures. Legal visits may
only be restricted for narrowly defined exceptional
circumstances, such as a natural disaster or comparable
emergency.
(2) Pro bono organizations.--Detention facilities shall
prominently post, in detainee housing units and other
appropriate areas, official lists of pro bono legal
organizations and their contact information, which shall be
updated semiannually by the Secretary.
(3) Religious, cultural, and spiritual visitors.--Detainees
have the right to reasonable access to religious or other
qualified individuals to address religious, cultural, and
spiritual considerations.
(4) Children.--Detainees have the right to regular, private
contact visits with children who are younger than 18 years of
age.
(k) Recreational Programs and Activities.--Detention facilities
shall provide detainees with access to at least 1 hour of indoor and
outdoor recreational programs and activities each day.
(l) Training of Personnel.--All personnel in detention facilities
and short-term detention facilities shall be given comprehensive,
specialized training and regular, periodic updates, including--
(1) an overview of immigration detention and all detention
standards;
(2) the characteristics of the noncitizen detainee
population, including special characteristics of vulnerable
groups; and
(3) the due process and grievance procedures to protect the
rights of detainees.
(m) Transportation.--The Secretary shall ensure that--
(1) each detainee is safely transported, which shall
include the appropriate use of safety harnesses and occupancy
limitations of vehicles; and
(2) female officers are responsible and at all times
present during the transfer and transport of female detainees
who are in the custody of the Department of Homeland Security.
(n) Vulnerable Populations.--Detention facility conditions and
minimum requirements for detention facilities shall recognize and
accommodate the unique needs of vulnerable detainees, including--
(1) families with children;
(2) asylum seekers;
(3) victims of abuse, torture, or trafficking;
(4) individuals who are older than 65 years of age;
(5) pregnant women; and
(6) nursing mothers.
(o) Children.--The Secretary shall ensure that unaccompanied alien
children are--
(1) physically separated from any adult who is not an
immediate family member; and
(2) separated by sight and sound from--
(A) immigration detainees and inmates with criminal
convictions;
(B) pretrial inmates facing criminal prosecution;
(C) children who have been adjudicated delinquents
or convicted of adult offenses or are pending
delinquency or criminal proceedings; and
(D) inmates exhibiting violent behavior while in
detention.
SEC. 4. SPECIFIC DETENTION REQUIREMENTS FOR SHORT-TERM DETENTION
FACILITIES.
(a) Access to Basic Needs, People, and Property.--
(1) Basic needs.--All detainees in short-term detention
facilities shall receive--
(A) potable water;
(B) food, if detained for more than 5 hours;
(C) basic toiletries, diapers, sanitary products,
and blankets; and
(D) access to bathroom facilities.
(2) People.--The Secretary shall provide consular officials
with access to detainees held at any short-term detention
facility. Detainees shall be afforded reasonable access to a
licensed health care professional. The Secretary shall ensure
that nursing mothers in such facilities have access to their
children.
(3) Property.--Any property belonging to a detainee that
was confiscated by an official of the Department of Homeland
Security shall be returned to the detainee upon repatriation or
transfer.
(b) Protections for Children.--
(1) Qualified staff.--The Secretary shall ensure that
adequately trained and qualified staff are stationed at each
major port of entry at which, during the most recent 2 fiscal
years, an average of not fewer than 50 unaccompanied alien
children per year have been held by United States Customs and
Border Protection, which staff shall include--
(A) independent licensed social workers dedicated
to ensuring the proper temporary care for the children
while in the custody of United States Customs and
Border Protection; and
(B) agents charged primarily with the safe, swift,
and humane transportation of such children to the
custody of the Office of Refugee Resettlement.
(2) Specific rights.--The social workers described in
paragraph (1)(A) shall ensure that each unaccompanied alien
child--
(A) receives emergency medical care;
(B) receives mental health care in case of trauma;
(C) has access to psychosocial health services;
(D) is provided with--
(i) a pillow, linens, and sufficient
blankets to rest at a comfortable temperature;
and
(ii) a bed and mattress placed in an area
specifically designated for residential use;
(E) receives adequate nutrition;
(F) enjoys a safe and sanitary living environment;
(G) receives educational materials; and
(H) has access to at least 3 hours of indoor and
outdoor recreational programs and activities per day.
(c) Confidentiality.--
(1) In general.--The Secretary of Health and Human Services
shall maintain the privacy and confidentiality of all
information gathered in the course of providing care, custody,
placement, and follow-up services to unaccompanied alien
children, consistent with the best interest of such children,
by not disclosing such information to other government agencies
or nonparental third parties, except as provided under
paragraph (2).
(2) Limited disclosure of information.--The Secretary may
only disclose information regarding an unaccompanied alien
child if--
(A) the child authorizes such disclosure and such
is consistent with the child's best interest; or
(B) the disclosure is to a duly recognized law
enforcement entity and is necessary to prevent imminent
and serious harm to another individual.
(3) Written record.--All disclosures under paragraph (2)
shall be duly recorded in writing and placed in the child's
file.
SEC. 5. RULEMAKING AND ENFORCEMENT.
(a) Regulations.--
(1) Notice of proposed rulemaking.--Not later than 60 days
after the date of the enactment of this Act, the Secretary
shall issue a notice of proposed rulemaking regarding the
implementation of this Act.
(2) Final regulations.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
promulgate regulations, which shall be binding upon all
detention facilities and short-term detention facilities, to
ensure that the detention requirements under sections 3 and 4
are fully implemented and enforced and that all facilities
comply with the regulations.
(b) Enforcement.--
(1) In general.--The Secretary shall enforce all
regulations and standards promulgated under subsection (a). Not
later than 180 days after the date of the enactment of this
Act, the Secretary shall issue guidance to detention facilities
and short-term detention facilities to ensure compliance with
all the detention requirements under sections 3 and 4.
(2) Investigation.--
(A) Grievances.--Each detainee has the right to
file grievances with the staff of detention facilities,
short-term detention facilities, and the Department of
Homeland Security, and shall be protected from
retaliation for exercising such right.
(B) Review.--The Secretary shall--
(i) review any grievance or other complaint
containing evidence that a detention facility
or short-term detention facility has violated
any requirement under this Act;
(ii) issue a determination in writing to
the complainant indicating the Secretary's
findings regarding the alleged violation not
later than 30 days after receiving such
complaint;
(iii) remedy any violation not later than
30 days after issuing a determination under
clause (ii); and
(iv) promptly advise the complainant of the
remedy referred to in clause (iii).
(C) Written response.--If the Secretary issues a
written response under subparagraph (B)(ii) indicating
that no violation has occurred, such response shall
constitute final agency action for the purposes of
section 702 of title 5, United States Code.
(3) Penalties.--The Secretary shall enforce compliance with
the detention requirements under sections 3 and 4 by--
(A) imposing financial penalties upon detention
facilities and short-term detention facilities that are
not in compliance with such requirements; and
(B) terminating the contracts of such facilities if
such noncompliance persists.
(4) Compliance officer.--
(A) Designation.--Each detention facility and
short-term detention facility shall designate an
officer to ensure compliance with the provisions of
this Act.
(B) Duties.--Each officer designated under
subparagraph (A) shall--
(i) investigate all evidence pertaining to
a violation of this Act; and
(ii) if a violation is identified, remedy
the violation within 30 days.
(C) Judicial review.--A detainee may not seek
judicial review of the detention facility's
determination until after the passage of the 30-day
period, except where irreparable harm would result.
(c) Rule of Construction.--Nothing in the section may be construed
to preclude review of noncompliance with this Act under--
(1) section 1331 or 2241 of title 28, United States Code;
or
(2) section 1979 of the Revised Statutes (42 U.S.C. 1983).
(d) Punitive Damages.--No individual may seek punitive damages for
any violation under this Act.
SEC. 6. IMMIGRATION DETENTION COMMISSION.
(a) Appointment.--The Secretary shall appoint and convene an
Immigration Detention Commission (referred to in this section as the
``Commission''), which shall be comprised of--
(1) experts from United States Immigration and Customs
Enforcement, United States Customs and Border Protection, the
Office of Refugee Resettlement, and the Division of Immigration
Health Services of the Department of Health and Human Services;
and
(2) independent experts, in a number equal to the number of
experts appointed under paragraph (1), from nongovernmental
organizations and intergovernmental organizations with
expertise in working on behalf of detainees and other
vulnerable populations.
(b) Duties.--The Commission shall conduct independent
investigations, and evaluate and report on the compliance of detention
facilities, short-term detention facilities, and the Department of
Homeland Security with the detention requirements under sections 3 and
4.
(c) Biennial Reports.--Not later than 60 days after the end of the
first fiscal year beginning after the date of the enactment of this
Act, and every 2 years thereafter, the Commission shall submit a report
containing the findings of its investigations and evaluations under
subsection (b) to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives; and
(4) the Committee on Homeland Security of the House of
Representatives.
SEC. 7. DEATH IN CUSTODY REPORTING REQUIREMENT.
(a) In General.--If an individual dies while in the custody of the
Department of Homeland Security or en route to or from such custody--
(1) the supervising official at the detention facility or
short-term detention facility at which the death took place
shall immediately notify the Secretary of such death; and
(2) not later than 48 hours after receiving a notification
under paragraph (1), the Secretary shall report the death to--
(A) the Office of the Inspector General of the
Department of Homeland Security; and
(B) the Department of Justice.
(b) Report to Congress.--Not later than 60 days after the end of
each fiscal year, the Secretary shall submit a report containing
detailed information regarding all the deaths of individuals in the
custody of the Department of Homeland Security during the preceding
fiscal year to the committees set forth in section 6(c).
(c) Contents.--The reports submitted under subsection (a)(2) and
subsection (b) shall include--
(1) the name, gender, race, ethnicity, and age of the
deceased;
(2) the date, time, and location of death;
(3) the law enforcement agency that detained, arrested, or
was in the process of arresting the deceased;
(4) a description of the circumstances surrounding the
death;
(5) the status and results of any investigation that has
been conducted into the circumstances surrounding the death;
and
(6) all medical records of the deceased.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Border, Maritime, and Global Counterterrorism.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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