,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dfbj ,,in ,,the ,,house ,,of ,,representatives ,may #h1 #bjad ,mr4 ,smith of ,washington 7for himself1 ,ms4 ,del,bene1 ,mr4 ,deutch1 ,mr4 ,foster1 ,mr4 ,larsen of ,washington1 ,mr4 ,polis1 ,mr4 ,quigley1 and ,mr4 ,vela7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to ensure the humane treatment of persons detained pursuant to the ,immigration and ,nationality ,act4 #a4 ,short title ,this ,act may be cited as the ,accountability in ,immigration ,detention ,act of #bjad4 #b4 ,minimum detention center standards 7a7 ,definitions ,in this section3 7#a7 ,detention facility ,the term detention facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement or the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 including facilities that hold such individuals under a contract or agreement with the ,director or the ,commissioner4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#c7 ,detainees ,the term detainee means an individual who is subject to detention under the ,immigration and ,nationality ,act4 7b7 ,detention requirements ,the ,secretary shall ensure that all persons detained pursuant to the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 are treated humanely and shall ensure that all detention facilities comply with the following minimum requirements3 7#a7 ,fair and humane treatment ,detainees shall not be subject to degrading or inhumane treatment1 such as physical abuse1 sexual abuse or harassment1 psychological abuse1 retaliatory actions1 arbitrary punishment1 or discrimination based on nationality1 sexual orientation1 race1 gender identity1 or religion4 7#b7 ,detention facility standards ,detention facilities shall comply fully with the national standards for the detection1 prevention1 reduction1 and punishment of prison rape pursuant to section #h of the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefjg74 7#c7 ,limitations on solitary confinement ,detainees shall not be subject to solitary confinement1 shackling1 or strip searches1 except to the extent that such techniques are necessary to ensure the security of other detainees1 staff1 or the public and only if less coercive measures will not ensure the security of other detainees1 staff1 and the public4 ,decisions to place detainees in solitary confinement shall be reported to the ,field ,officer ,director at a minimum for any placement lasting at least #c days continuously or #c days out of a #g day period1 and reviewed on a weekly basis thereafter4 7#d7 ,investigation of grievances ,detainees shall have the right to prompt1 effective1 and impartial investigations of grievances related to conditions of detention4 ,no detainee shall be retaliated against for filing a complaint or grievance or for organizing peaceful demonstrations4 7#e7 ,access to telephones ,detainees shall have sufficient access to telephones1 and the ability to contact1 free of charge1 legal representatives1 foreign consulates1 the immigration courts1 the ,board of ,immigration ,appeals1 ,family ,courts1 local criminal courts1 the ,,un ,refugee ,agency1 and the ,federal courts4 ,the rates charged for telephone calls shall be reasonable and shall not significantly impair detainees' access to telephones4 7#f7 ,location of facilities ,all detention facilities whose date of first use by the ,department of ,homeland ,security occurs after the date of the enactment of this ,act shall be located and within #ej miles of a community in which there is a demonstrated capacity to provide free or low-cost legal representation by-- 7,a7 nonprofit legal aid organizations2 or 7,b7 pro bono attorneys with expertise in asylum or immigration law4 7#g7 ,procedures governing transfer of detainess ,procedures governing the transfer of a detainee shall take into account-- 7,a7 the detainee's access to legal representatives2 7,b7 the proximity of the facility to the venue of the asylum or removal proceeding2 7,c7 the detainee's proximity to scheduled bond hearings2 and 7,d7 the detainee's proximity to family members4 ,prior to transfer1 the ,secretary shall give advance notice to the detainee1 the attorney of the detainee1 and the family of the detainee4 7#h7 ,interpretation and translation capabilities ,detention facilities shall employ staff1 including medical personnel1 who1 to the extent practicable1 are qualified in the languages represented in the population of detainees at a detention facility1 and alternative interpreter and translation services shall be made available4 ,detention facilities shall not rely on detainees to translate or interpret for one another4 7#i7 ,recreational programs and activities ,all detainees1 including detainees in administrative or disciplinary segregation1 shall be afforded daily access to indoor and outdoor recreational programs and activities4 ,all detainees shall have access to religious services and reading materials necessary to their religious practice4 7#aj7 ,vulnerable populations ,procedures and conditions of detention shall accommodate the unique needs of asylum seekers1 victims of torture and trafficking1 families with children1 detainees with special religious1 cultural1 or spiritual considerations1 pregnant women1 nursing mothers1 individuals older than #fe years of age1 and other vulnerable populations4 7#aa7 ,quality of medical care 7,a7 ,right to medical care ,the ,secretary shall ensure that prompt and adequate emergency1 primary1 specialty1 and hospital medical care is provided at no cost to detainees1 including dental care1 eye care1 mental health care1 individual and group counseling1 and services with respect to medical dietary needs4 7,b7 ,procedures ,the ,secretary shall ensure that procedures for providing medical care to detainees include comprehensive intake screening1 effective continuity of care1 prompt responses to requests for medical care or treatment1 and accurate and timely distribution of prescribed medication4 7,c7 ,medical facilities ,the ,secretary shall ensure that medical facilities in all detention facilities maintain current accreditation by the ,national ,commission on ,correctional ,health ,care4 7,d7 ,medical records ,the ,secretary shall ensure that complete medical records are maintained for every detainee and that the records are made available upon request to the detainee1 the detainee's legal representative1 or other authorized individuals4 7#ab7 ,voluntary work ,detainees may have opportunities to work and earn money while in detention1 subject to the number of work opportunities available4 ,detainees shall be able to volunteer for work assignments but otherwise shall not be required to work1 subject to the following3 7,a7 ,available work opportunities shall be provided in order to reduce idleness and improve morale1 but shall not be provided for the economic benefit of the detention center4 ,detainees shall not be the main source of labor for the essential functions required to operate detention facilities4 7,b7 ,all work opportunities shall comply with ,occupational ,safety and ,health ,administration protections4 7,c7 ,the ,rate of ,pay for voluntary work shall be reviewed by the ,secretary on an annual basis4 7,d7 ,the ,secretary shall provide and make publically available a report on the rate of pay1 job descriptions1 and full time equivalents for employed detainees compared to full time staff in each detention facility to the ,committee on the ,judiciary of the ,house1 the ,committee on the ,judiciary of the ,senate1 ,committee on ,homeland ,security of the ,house1 and ,committee on ,homeland ,security ,governmental ,affairs of the ,senate4 7#ac7 ,legal orientation programs ,the ,attorney ,general1 in consultation with the ,secretary1 shall ensure that all detained aliens in immigration and asylum proceedings receive legal orientation through the ,legal ,orientation ,program administered and implemented by the ,executive ,office for ,immigration ,review of the ,department of ,justice4 7#ad7 ,legal access ,all detainees shall have access to a properly equipped law library1 legal materials and equipment to facilitate the preparation of documents4 ,all detainees shall have meaningful access to law libraries1 legal materials1 and equipment4 ,special consideration shall be given to detainees facing deadlines or time constraints4 7c7 ,rulemaking 7#a7 ,in general ,the ,secretary shall prescribe regulations1 using the procedures for negotiated rulemakings under subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code1 to establish standards to ensure detainees held under the authority of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement or the ,commissioner of ,u4,s4 ,customs and ,border ,protection are treated humanely and to ensure compliance with the minimum requirements set forth in subsection 7b74 7#b7 ,representation of negotiated rulemaking committee ,any negotiated rulemaking committee established by the ,secretary pursuant to paragraph 7#a7 shall include representatives and experts from-- 7,a7 relevant agencies of the ,department2 7,b7 the ,office of ,refugee ,resettlement at the ,department of ,health and ,human ,services2 7,c7 representatives of ,state and local governments2 7,d7 the ,united ,states ,commission on ,international ,religious ,freedom2 7,e7 nongovernmental organizations with expertise working on behalf of aliens in detention facilities1 including organizations that emphasize protections for vulnerable populations2 7,f7 nongovernmental organizations with expertise advocating for asylum seekers2 7,g7 labor organizations that represent employees who work at detention facilities2 7,h7 accrediting bodies for medical care in settings comparable to detention facilities1 such as the ,national ,commission on ,correctional ,health ,care1 or other experts in the field of providing quality medical care in such settings2 and 7,i7 a person appointed by-- 7i7 the majority leader of the ,house of ,representatives2 7ii7 the minority leader of the ,house of ,representatives2 7iii7 the majority leader of the ,senate2 and 7iv7 the minority leader of the ,senate4 7#c7 ,time requirement ,the procedures for the negotiated rulemaking referred to in paragraph 7#a7 shall be conducted in a timely manner to ensure that-- 7,a7 any recommendations with respect to proposed regulations are provided to the ,secretary not later than #a year after the date of enactment of this ,act2 and 7,b7 a final rule is promulgated not later than #a year and #f months after the date of enactment of this ,act4 #c4 ,alternatives to detention 7a7 ,in general ,the ,secretary shall establish nationwide alternatives to detention programs that incorporate case management services in each field office of the ,department to ensure appearances at immigration proceedings and public safety4 7b7 ,contract authority ,the ,secretary may contract with nongovernmental community-based organizations to conduct screening of detainees and operate community-based supervision programs4 ,the ,secretary shall regularly assess the demand for alternative to detention programs and make available sufficient alternative to detention slots regardless of proximity to available detention beds4 ,alternative programs shall offer a continuum of supervision mechanisms and options1 including community support1 depending on an assessment of each individual's circumstances4 ,the ,secretary may contract with nongovernmental organizations to implement secure alternatives that maintain custody over the alien4 7#a7 ,information regarding the amount of slots available in each area shall be made public4 7c7 ,individualized determinations ,in determining whether to use alternatives to detention programs1 the ,secretary shall make an individualized determination1 and for each individual placed in an alternatives to detention program1 shall review the level of supervision on a monthly basis4 ,alternatives to detention programs shall not be used when release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety4 7d7 ,custody ,the ,secretary may use alternatives to detention programs to maintain custody over any alien detained under the ,immigration and ,nationality ,act1 except for aliens detained under section #bcf;,a of such ,act 7#h ,u4,s4,c4 #abbf;a74 ,if an individual is not eligible for release from custody or detention1 the ,secretary shall consider the alien for placement in alternative programs that maintain custody over the alien1 including the use of electronic ankle devices4 7e7 ,vulnerable ,populations 7,access to ,alternatives7 ,in determining whether to place a detainee in an alternatives to detention program1 the ,secretary shall consider whether the detainee is a member of a vulnerable population 7as identified in section #b7;b77#aj774 ,notwithstanding section #bcf of the ,immigration and ,nationality ,act1 a member of a vulnerable population whose needs cannot be adequately met by a detention facility may not be held in a detention facility except in the case of what the ,secretary determines to be exceptional circumstances4 #d4 ,detention capacity 7a7 ,in general ,notwithstanding any other provision of law1 the number of detention beds maintained shall be determined by the ,secretary of ,homeland ,security and shall be based solely on detention needs4 7b7 ,sense of ,congress ,it is the sense of ,congress that appropriations ,acts shall not mandate maintenance of a minimum number of detention beds4 #e4 ,oversight of detention facilities 7a7 ,definitions ,in this section3 7#a7 ,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 ,u4,s4 ,immigration and ,customs ,enforcement1 or the ,commissioner of ,u4,s4 ,customs and ,border ,protection in compliance with section #b4 7#b7 ,detention facility ,the term detention facility means a ,federal1 ,state1 or local government facility1 or a privately owned and operated facility1 that is used1 in whole or in part1 to hold individuals under the authority of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 including facilities that hold such individuals under a contract or agreement with the ,director4 7b7 ,oversight requirements 7#a7 ,annual inspection ,all detention facilities shall be inspected by the ,secretary on an annual basis and an independent 7third party7 auditor1 on a biannual basis1 for compliance with applicable detention standards issued by the ,secretary and other applicable regulations in compliance with section #b4 7#b7 ,routine oversight ,in addition to annual inspections1 the ,secretary shall conduct routine oversight of detention facilities1 including unannounced inspections4 7#c7 ,availability of records ,all detention facility contracts1 memoranda of agreement1 financial records1 evaluations1 audits1 and reviews shall be considered records for purposes of section #eeb7;f77#b7 of title #e1 ,united ,states ,code4 7#d7 ,consultation ,the ,secretary shall seek input on an annual basis from nongovernmental organizations regarding their independent opinion of specific facilities4 ,the ,secretary shall provide a report on the opinions gathered and the response of the ,secretary to any concerns expressed in those consultations to the ,committee on the ,judiciary of the ,house of ,representatives1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#e7 ,access ,facilities shall permit representatives of the news media and nongovernmental organizations to have access to nonclassified and non-confidential information about their operation2 given appropriate notice1 to tour facilities2 and with permission from the detainees1 to interview individual detainees4 7c7 ,compliance mechanisms 7#a7 ,agreements 7,a7 ,new agreements ,compliance with applicable standards and rules of the ,secretary1 and meaningful financial penalties for failure to comply1 shall be a material term in any new contract1 memorandum of agreement1 or any renegotiation1 modification1 or renewal of an existing contract or agreement1 including fee negotiations1 executed with detention facilities4 7,b7 ,existing agreements ,not later than #ahj days after the promulgation of the rule1 the ,secretary shall secure a modification incorporating these terms for any existing contracts or agreements that will not be renegotiated1 renewed1 or otherwise modified4 7,c7 ,cancellation of agreements ,unless the ,secretary provides a reasonable extension to a specific detention facility that is negotiating in good faith1 contracts or agreements with detention facilities that are not modified within #ahj days of the promulgation of the rule1 will be cancelled4 7,d7 ,provision of information ,in making modifications under this paragraph1 the ,secretary shall require that detention facilities provide to the ,secretary all contracts1 memoranda of agreement1 evaluations1 and reviews regarding the facility not later than #ahj days after any modification4 ,the ,secretary shall make these materials publicly available4 7#b7 ,financial penalties 7,a7 ,requirement to impose ,subject to subsection 7b71 the ,secretary shall impose meaningful financial penalties upon facilities that fail to comply with applicable detention standards issued by the ,secretary and other applicable regulations4 7,b7 ,timing of imposition ,financial penalties imposed under subparagraph 7,a7 shall be imposed #abj days after a facility fails to achieve an adequate or the equivalent median score in any performance evaluation4 7,c7 ,waiver ,the requirements of subparagraph 7,a7 may be waived if the facility corrects the noted deficiencies and receives an adequate score in not more than #ij days4 7,d7 ,multiple offenders ,in cases of persistent and substantial noncompliance1 including scoring less than adequate or the equivalent median score in #b consecutive inspections1 the ,secretary shall terminate contracts or agreements for the operation and use of such facilities within #fj days1 or in the case of facilities operated by the ,secretary1 such facilities shall be closed within #ij days4 7d7 ,reporting requirements 7#a7 ,objectives ,not later than ,june #cj of each year1 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 facilities4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include-- 7,a7 a description of each detention facility found to be in noncompliance with applicable detention standards issued by the ,department and other applicable regulations2 7,b7 a description of the actions taken by the ,department to remedy any findings of non-compliance or other identified problems1 including financial penalties1 contract or agreement termination1 or facility closure2 and 7,c7 information regarding whether the actions described in subparagraph 7,b7 resulted in compliance with applicable detention standards and regulations4