,i #aacth ,,congress #ast ,session ,h4 ,r4 #fci ,,in ,,the ,,house ,,of ,,representatives ,february #ac1 #bjac ,ms4 ,roybal-,allard 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 reform immigration detention procedures1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,immigration ,oversight and ,fairness ,act4 #b4 ,detention conditions 7a7 ,detention requirements ,all detention facilities shall fully comply with the following minimum requirements3 7#a7 ,access to telephones ,detention facilities shall provide to detainees reasonable and equitable access to working telephones1 and the ability to contact1 free of charge1 legal representatives1 foreign consulates1 the immigration courts1 the ,board of ,immigration ,appeals1 and the ,federal courts1 in addition to persons and offices contacted for the purpose of obtaining legal representation4 ,detention facilities shall provide to detainees access to telephones during facility working hours and on an emergency basis in accordance with the following3 7,a7 ,the detention facility shall provide to each detainee a copy of its rules governing telephone access and shall post those rules1 together with an explanation of how to make calls1 within sight of each telephone available to detainees4 ,these rules shall be translated into ,spanish and two additional languages spoken by a substantial part of the detainee population of the detention facility4 ,if a detention facility has determined that more than #e percent of its population is a certain ethnicity1 the document should be translated into that ethnicity's appropriate language4 ,the detention facility shall also provide oral interpretation and written translation assistance to detainees in reading any relevant materials required to request telephone access1 including oral interpretation assistance for those who are not literate in ,english1 ,spanish1 and other languages spoken by the detainee population of the facility4 7,b7 ,the rates charged for telephone calls shall be reasonable and equitable and shall not significantly impair detainees' access to telephones4 7,c7 ,the detention facility shall not restrict the number of calls detainees may place to their legal representatives or consular officials1 or to any others for the purpose of obtaining legal representation1 or limit the duration of those calls by rule or automatic cut-off1 unless necessary for security reasons4 ,the detention facility shall have a reasonable number of working phones available to detainees1 and at a minimum one phone per each #be users4 7,d7 ,the detention facility shall ensure the privacy of telephone conversations between detainees and legal representatives or consular officials1 and calls made for the purpose of obtaining legal representation4 ,means to ensure privacy may include the use of privacy panels1 the placement of phones in housing pods1 and other appropriate measures4 7,e7 ,detainees' telephone calls to a court1 legal representative1 or consular official1 or for the purpose of obtaining legal representation1 shall not be monitored or recorded without a court order and without prior notification to the detainee4 7,f7 ,the detention facility shall take and deliver telephone messages to detainees as promptly as possible1 but no less often than twice a day4 ,detainees shall be permitted to make confidential telephone calls promptly within #h hours of receipt of messages left by a court1 legal representative1 prospective legal representative1 or consular official as soon as reasonably possible after the delivery of the message4 7#b7 ,quality of medical care ,detention facilities shall afford a continuum of prompt1 high-quality medical care1 including care to address medical needs that existed prior to detention1 at no cost to detainees4 ,such medical care shall address all detainee health needs and shall include chronic care1 dental care1 eye care1 mental health care1 individual and group counseling1 medical dietary needs1 and other medically necessary specialized care in accordance with the following3 7,a7 ,all detention facilities shall maintain current accreditation by the ,national ,commission on ,correctional ,health ,care and the ,joint ,commission on the ,accreditation of ,health ,care ,organizations4 ,detention facilities that are not accredited as of the date of the enactment of this ,act will obtain such accreditation within one year1 and if accreditation is not obtained by that time the ,secretary of ,homeland ,security shall cease use of the facility4 ,all standards1 policies and practices shall at a minimum comply with the ,national ,commission on ,correctional ,health ,care ,standards for ,health ,services in ,jails4 7,b7 ,all detention facilities shall have a designated on-site health authority who is a physician1 a health services administrator1 or a health agency4 ,clinical decisions shall be made solely by a licensed health care provider4 7,c7 ,each immigration detainee shall receive a comprehensive medical and mental health intake screening by a qualified health care professional upon arrival at the facility and each immigration detainee shall receive a comprehensive medical and mental health examination and assessment by a qualified health care professional not later than #ad days after arrival4 7,d7 ,any decision to deny requested medical care or treatment1 or care or treatment recommended by any outside physician or specialist1 to a detainee shall be made within #gb hours or earlier if medically necessary and shall be accompanied by a written explanation of the reasons for the denial4 ,this decision and the written explanation of the decision shall be simultaneously communicated to the detainee and to the ,secretary of ,homeland ,security4 7,e7 ,detainees shall be afforded an opportunity to obtain an appeal of any decisions denying a request for medical treatment4 ,such an appeal or request for reconsideration shall be resolved in writing within #g days or earlier if medically necessary by an appeals board that shall be composed of independent health care professionals in the fields relevant to the request for medical or mental health care4 ,the written decision shall be conveyed to the on-site medical provider and the immigration detainee within #bd hours of a decision by the appeals board4 7,f7 ,except in emergency situations where informed consent cannot reasonably be obtained1 medical care and treatment shall be provided only with the informed consent of the detainee or a person authorized by the detainee or applicable law to provide such consent4 7,g7 ,involuntary psychotropic medication may be used only if allowed by applicable law and then only in emergency situations when a physician has determined1 after personally examining the patient1 that-- 7i7 a detainee is imminently dangerous to self or others due to a mental illness2 and 7ii7 involuntary psychotropic medication is medically appropriate to treat the mental illness and necessary to prevent harm4 ,if a detainee is represented by counsel1 the administration of any psychotropic drug to the detainee shall be disclosed to the detainee's counsel promptly and in any event within a reasonable time prior to any hearing in which the detainee will appear4 ,if a detainee is not represented by counsel1 the administration of any psychotropic drug to the detainee shall1 with the informed consent of the detainee1 be disclosed to the ,immigration ,court prior to any hearing in which the detainee will appear4 ,any disclosure to the court by any person of the administration of a psychotropic drug to the detainee shall be filed under seal and may be disclosed to other persons only in the same manner and to the same extent that medical records may be disclosed4 ,any detainee who receives medication pursuant to this subparagraph must be afforded a hearing pursuant to the procedures set forth in #bh ,,cfr #edi4dc1 as described in ,washington v4 ,harper1 #did ,u4,s4 #baj 7#aiij71 before the detainee may receive medication again under this subparagraph4 7,h7 ,no drugs of any kind shall be administered to detainees without their informed consent for the purpose of sedation or controlling the detainee's behavior during transportation or removal or for the purpose of punishment4 7,i7 ,all detention facilities shall maintain complete medical records for every detainee1 which shall be made available within #gb hours to any detention facility to which the detainee may be transferred4 ,medical records shall also be made available within #gb hours to a detainee1 his legal representative1 or other authorized individuals upon request by the detainee4 ,any and all medical and mental health records of a detainee shall be treated as confidential1 as required by the ,health ,insurance ,portability and ,accountability ,act of #aiif4 7,j7 ,for each fiscal year after the passage of this ,act1 the ,secretary of ,homeland ,security shall report to the ,congress on a semiannual basis1 and to ,department of ,homeland ,security ,office of ,inspector ,general within #dh hours of any in-custody death1 information regarding the death of any person who is in the custody of ,u4,s4 ,immigration and ,customs ,enforcement that1 at a minimum1 includes-- 7i7 the name1 gender1 national origin1 alien number1 and age of the deceased2 7ii7 the date on which detention in ,u4,s4 ,immigration and ,customs ,enforcement custody commenced2 7iii7 the date and location of death2 7iv7 the location of last detention2 7v7 a brief description of the circumstances surrounding the death2 7vi7 the status and results of any investigation7s7 that has been conducted into the circumstances surrounding the death2 7vii7 each location where the individual was held in ,u4,s4 ,immigration and ,customs ,enforcement custody or the custody of an entity contracting with ,u4,s4 ,immigration and ,customs ,enforcement and the dates during which the individual was held at each location2 and 7viii7 all medical records of the deceased4 7,k7 ,all detainee transfers shall take into consideration the detainee's health and medical fitness4 ,continuity of care shall be preserved during and after transfers1 and detainees shall suffer no interruption in the provision of treatment1 including prescription medication4 7#c7 ,sexual abuse regulations concerning care and custody of detainees 7,a7 ,in general ,detention facilities shall take all necessary measures to prevent sexual abuse of detainees1 including sexual assaults1 and shall observe the minimum standards under the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefja et seq474 7,b7 ,measures where abuse occurs ,where sexual abuse occurs1 detention facilities shall ensure that-- 7i7 prompt and appropriate medical intervention is taken to minimize medical and psychological trauma2 7ii7 a medical history is taken and a physical examination is conducted by qualified and culturally appropriate medical professionals to determine the extent of physical injury and whether referral to another medical facility is indicated2 7iii7 prophylactic treatment1 emergency contraception1 and follow-up for sexually transmitted diseases are provided2 7iv7 the case is evaluated by a qualified mental health professional for crisis intervention counseling and long-term follow-up2 7v7 victims are separated from their abusers and are considered for release on parole or for an alternative to detention program2 and 7vi7 any and all medical and mental health records arising out of a detainee's allegation of sexual abuse shall be treated as confidential1 as required by the ,health ,insurance ,portability and ,accountability ,act of #aiif4 7,c7 ,reporting ,a detention facility shall not subject any person to punishment or any other form of retaliation for reporting incidents of sexual abuse4 7,d7 ,investigation ,in all cases of alleged sexual abuse1 the detention facility shall conduct a thorough and timely investigation and shall provide to the ,secretary of ,homeland ,security a report of the circumstances and the response of the detention facility4 ,if the report is not completed within #cj days after alleged sexual abuse comes to the attention of the detention facility1 the detention facility shall submit to the ,secretary of ,homeland ,security a description of the status of the investigation and an estimated date of completion #cj days after the alleged sexual abuse comes to the attention of the detention facility and every #cj days thereafter until the report is provided to the ,secretary of ,homeland ,security4 ,the report required by this subsection shall include at minimum a determination of whether the alleged sexual abuse occurred1 an in-depth analysis of the relevant facts including the causes of any sexual abuse that may have occurred and whether and to what extent the alleged abuse indicates a failure of policy1 a failure of training1 a failure of oversight1 or a failure of management1 and a description of the actions that the facility will take to prevent the occurrence of similar incidents in the future and a plan for monitoring the implementation of those actions4 ,the detention facility shall provide to the ,secretary of ,homeland ,security periodic reports monitoring the implementation of the plan in accordance with the schedule set forth in such plan as approved by the ,secretary of ,homeland ,security4 7#d7 ,transfer of detainees 7,a7 ,procedures ,in adopting procedures governing the transfer of individuals detained under section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf71 and subject to the exception in subparagraph 7,d71 the ,secretary of ,homeland ,security shall promulgate regulations prohibiting transfer of a detainee if such transfer would-- 7i7 negatively affect an existing attorney-client relationship2 7ii7 negatively affect the detainee's legal proceedings1 including merits or calendar hearings1 or a pending application with ,united ,states ,citizenship and ,immigration ,services or the ,executive ,office for ,immigration ,review1 by-- 7,i7 limiting the detainee's access to securing legal representation2 7,,ii7 limiting the detainee's ability to prepare a legal defense to removal2 or 7,,iii7 removing the detainee from the legal venue of such proceeding2 7iii7 negatively affect the detainee's health and medical fitness2 or 7iv7 to the extent it does not conflict with clauses 7i71 7ii71 and 7iii7-- 7,i7 place the detainee in a location more distant from the detainee's residence than the original detention location2 or 7,,ii7 place the detainee in a location more distant from family members than the original detention location4 7,b7 ,notice ,unless exigent circumstances dictate an immediate transfer-- 7i7 the ,secretary of ,homeland ,security shall provide not less than #gb hours notice to any detainee prior to transferring the detainee to another detention facility2 7ii7 detainees shall be afforded at least one toll-free call following any transfer1 and within #bd hours after the detainee's arrival at the transferee facility1 the ,secretary of ,homeland ,security shall notify the detainee's legal representative or if unrepresented1 an adult family member or other person designated by the detainee1 of the transfer and the detainee's new location2 7iii7 if removal proceedings are pending1 the ,secretary of ,homeland ,security shall also promptly notify the ,immigration ,court1 ,board of ,immigration ,appeals1 or the ,circuit ,court of ,appeals1 as appropriate of the transfer and the detainee's new address2 and 7iv7 the ,secretary of ,homeland ,security shall not transfer any detainee who has already requested1 and is awaiting1 a bond hearing or a bond redetermination hearing4 7,c7 ,exception ,the ,secretary may transfer a detainee who has an existing attorney-client relationship to an alternate detention facility if such transfer is necessitated by a highly unusual emergency1 such as a natural disaster or comparable emergency4 7,d7 ,protecting detainees legal rights ,if the ,secretary determines that a transfer is necessary due to a highly unusual emergency1 the ,secretary shall ensure that the detainee's legal rights are not prejudiced and the existing attorney-client relationship is not impaired1 including evaluating the location of the detention facility based on it proximity to the detainee's counsel or nongovernmental or pro bono organizations providing free or low cost immigration legal services4 7,e7 ,record ,in cases in which a detainee is transferred1 the ,secretary shall make a record of the reasons and circumstances necessitating such transfer4 7#e7 ,notice 7,a7 ,in ,general ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7f7 ,notice ,the ,secretary of ,homeland ,security shall file the notice to appear or other relevant charging document with the immigration court and serve such notice on every alien detained under this ,act1 within #dh hours of the detention of such alien4 ,any alien1 held for more than #dh hours shall be brought before an immigration judge for a custody determination within #gb hours of the arrest or detention of such alien4 ,the requirements of this provision may be tolled for no more than #cj days upon request from an alien who demonstrates prima facie eligibility for affirmative relief4 ,the ,secretary of ,homeland ,security shall-- 7#a7 document when a notice to appear is served on a detainee in order to determine compliance by the ,secretary of ,homeland ,security with the #dh-;hour notice requirement2 and 7#b7 submit to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives an annual report concerning the ,secretary of ,homeland ,security's compliance with such notice requirement4 4 7,b7 ,applicability of other law ,nothing in section #bcf7;f7 of the ,immigration and ,nationality ,act1 as added by subparagraph 7,a71 shall be construed to repeal section #bcf;,a of such ,act 7#h ,u4,s4,c4 #abbf;a74 7b7 ,regulations concerning care and custody of detainees 7#a7 ,rulemaking ,the ,secretary of ,homeland ,security shall promulgate new rules1 or modify existing rules1 based on the report of the detention advisory committee established under paragraph 7#b71 to ensure detainees are treated humanely and held in the least restrictive setting necessary for their safety and to ensure compliance with the general minimum requirements set forth in paragraph 7#c71 standards regarding classification of detainees set forth in paragraph 7#d71 and the special standards for vulnerable populations set forth in paragraph 7#e74 ,such rules shall apply to all facilities in which the ,secretary of ,homeland ,security detains noncitizens1 including ,service ,processing ,centers1 ,contract ,detention ,facilities1 ,state or local government facilities used by ,detention and ,removal ,operations through ,intergovernmental ,service ,agreements1 ,bureau of ,prisons facilities1 and any other temporary or permanent facility used to hold detainees4 ,the rules required under this paragraph shall be promulgated not later than #a year after the ,secretary of ,homeland ,security receives the report of the detention advisory committee established under paragraph 7#b71 or #a year after such report is due1 whichever is earlier4 7#b7 ,detention advisory committee ,the ,secretary of ,homeland ,security shall convene1 and receive a report from a detention advisory committee comprised of experts from ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 the ,office of ,refugee ,resettlement1 and ,division of ,immigration ,health ,services in the ,department of ,health and ,human ,services1 and an equal number of independent experts from nongovernmental organizations and intergovernmental organizations with expertise in working on behalf of aliens detained under immigration laws and vulnerable populations4 ,the independent experts shall at a minimum include representatives of the ,american ,bar ,association and the ,united ,nations ,high ,commissioner for ,refugees4 ,the detention advisory committee shall review and revise all the guidelines found in the ,secretary of ,homeland ,security's ,detention ,operations ,manual1 as amended1 based on identifiable deficiencies and best practices that treat aliens both safely and humanely4 ,the detention advisory committee shall submit a report to the ,secretary of ,homeland ,security within #ab months after the date of the enactment of this ,act4 ,for good cause1 the ,secretary of ,homeland ,security may extend the time for submission of the advisory committees report for an additional six months4 7#c7 ,training ,the ,secretary of ,homeland ,security shall develop and implement a training protocol for all personnel in all facilities in which noncitizens are detained4 ,the training protocol shall include periodic updates to initial comprehensive training4 ,the ,secretary shall monitor the implementation of the protocol annually and shall ensure that all personnel who are required to be trained under the protocol have received the necessary training4 ,the protocol shall include-- 7,a7 an overview of immigration detention and the characteristics of the noncitizen detainee population2 7,b7 an overview of the detention standards2 7,c7 specific guidance on each of the detention standards2 and 7,d7 a description of the ,secretary's quality assurance procedures4 7#d7 ,general minimum requirements ,the ,secretary of ,homeland ,security's rules regarding conditions of detention shall ensure that the following requirements are met3 7,a7 ,fair and humane treatment ,detainees shall not be subject to cruel1 degrading or inhumane treatment such as verbal or physical abuse or harassment1 sexual abuse or harassment1 or arbitrary punishment4 7,b7 ,use of force and restraints ,detainees shall not be subjected to shackling1 handcuffing1 solitary confinement1 ,tasers1 electric shields1 restraint chairs1 or strip searches unless and to the extent that such techniques are necessary to ensure the security of other detainees1 staff1 or the public and where no less coercive or degrading measures are available to achieve that end4 ,these techniques shall in no event be used for the purpose of humiliating detainees either within or outside the detention facility4 ,detention facilities shall adopt written policies pertaining to the use of force and the use of restraints1 and shall train all staff on the proper use of such devices4 7,c7 ,investigation of grievances ,detainees shall have the right to prompt1 effective1 transparent1 and impartial grievance procedures4 ,such procedures shall include review of grievances by officials of the ,department of ,homeland ,security who do not work at the same detention facility where the detainee filing the grievance is detained in accordance with the following3 7i7 ,an otherwise valid grievance shall not be denied for noncompliance with a procedural requirement if such noncompliance is due to ignorance1 fear1 excusable neglect or other reasonable cause4 7ii7 ,detainees shall be afforded the opportunity to complain to staff of ,u4,s4 ,immigration and ,customs ,enforcement directly and confidentially1 outside the grievance process4 7iii7 ,detainees shall not be subject to retaliation for making use of the grievance procedure or procedure for complaining directly to staff of ,u4,s4 ,immigration and ,customs ,enforcement4 7iv7 ,detention facilities shall orally inform detainees of the grievance procedure and the procedure for complaining directly to staff of ,u4,s4 ,immigration and ,customs ,enforcement and shall provide to every detainee a copy of those procedures within #bd hours after admission4 ,the detention facility shall provide oral interpretation and written translation assistance to detainees in completing any grievance or complaint forms or other relevant materials required to comply with grievance procedures4 7v7 ,detention facilities shall make an annual report regarding the grievances received1 the responses made1 and the time period for response1 and such report shall be submitted to the ,secretary of ,homeland ,security on ,january #ca of each year4 7vi7 ,all grievances shall be investigated4 7,d7 ,location of facilities ,detention facilities shall be located1 to the extent practicable1 within #ej miles of a city or municipality in which there is a demonstrated capacity to provide competent legal representation by nonprofit legal aid organizations or other pro bono attorneys to detained noncitizens1 including asylum seekers and other vulnerable immigrant populations4 ,the ,secretary of ,homeland ,security shall seek to use only facilities within the stated #ej-mile radius by ,january #a1 #bjad4 7,e7 ,access to legal materials ,detainees shall have available an on-site law library with sufficient space to facilitate detainees' legal research and preparation of documents4 ,the law library's holdings shall include up-to-date copies of legal materials designated by the ,secretary of ,homeland ,security1 including immigration law materials4 ,the law library shall be provided with adequate equipment for legal research and the preparation of legal documents4 ,such equipment shall include1 at a minimum1 computers1 printers1 typewriters1 and copiers4 ,information regarding the availability of the library1 procedures for requesting its use1 and instruction on the use of the library and library equipment shall be provided to all detainees at the time of admission into the detention facility1 and shall be posted in the law library together with a list of the library's holdings4 ,the detention facility will make available to detainees any assistance that may be necessary to allow detainees to use the library effectively and shall provide special assistance as the ,secretary of ,homeland ,security may prescribe to detainees who are not literate in ,english4 ,library services1 including access to databases and printing and copying1 shall be provided without charge to detainees4 7,f7 ,legal visits 7i7 ,in general ,legal visits shall not be restricted absent narrowly defined exceptional circumstances1 including a natural disaster or comparable emergency beyond the control of the ,secretary of ,homeland ,security4 7ii7 ,procedures ,detainees shall be entitled to private meetings with their current or prospective legal representatives or their legal assistants4 ,interpreters shall be allowed to accompany legal representatives and legal assistants on legal visits subject to appropriate security procedures4 ,legal visits shall be permitted a minimum of #h hours per day on regular business days and #d hours per day on weekends and holidays1 except that if lack of space for interviews at the detention facility1 the conduct of immigration hearings on site1 or other factors lead to excessive delay between the time the legal representative is ready to visit the detainee and the time space becomes available1 the ,secretary of ,homeland ,security shall require such additional time for legal visits or other measures as may be sufficient to avoid excessive delay4 ,excessive delay for purposes of this paragraph is delay of #b hours or more1 occurring more than #b times per month over a #ab-month period4 ,detention facilities shall maintain a procedure allowing legal representatives and legal assistants to call ahead to determine if a detainee is held at that facility1 and they shall take messages from legal representatives and promptly deliver them to the detainee4 ,messengers1 including individuals who are not attorneys1 legal representatives1 or legal assistants1 shall be permitted to deliver documents for detainees to and from the facility4 ,detention facilities shall promptly and prominently post the most current official list of pro bono legal organizations and their contact information in detainee housing units and other appropriate areas1 and such lists shall be updated by the ,secretary of ,homeland ,security on a semi-annual basis4 ,detention facilities may not retaliate in any way1 including denial or limitation of access to detention facilities1 for complaints or public or private statements made by legal representatives regarding the detention facility's compliance with regulations relating to conditions of detention4 7,g7 ,special correspondence ,special correspondence shall not be read by staff of the detention facility or other personnel1 contractors1 or agents of the ,secretary of ,homeland ,security1 and shall not be opened outside the presence of the detainee4 ,for this purpose1 special correspondence includes detainees' written communications to or from private attorneys and other legal representatives2 government attorneys2 judges and courts2 embassies and consulates2 the president and vice president of the ,united ,states1 members of the ,congress1 officers and other personnel of the ,department of ,justice2 officers and other personnel of the ,department of ,homeland ,security2 officers and other personnel of the ,u4,s4 ,public ,health ,service2 administrators of grievance systems2 ,state and local officials1 representatives of the news media1 and representatives of nongovernmental organizations and intergovernmental organizations working on behalf of aliens held in detention and vulnerable populations4 ,correspondence will only be treated as special correspondence if marked special correspondence or legal mail or if the title and office of the sender 7for incoming correspondence7 or addressee 7for outgoing correspondence7 are unambiguously identified on the envelope1 clearly indicating that the correspondence is special correspondence4 ,special correspondence shall be promptly delivered and promptly posted4 ,in general1 correspondence will be deemed promptly delivered if it is delivered to the detainee within #bd hours after its receipt by the detention facility1 and correspondence will be deemed promptly posted if it is placed into the ,united ,states mail the next day on which the ,post ,office is open for business after the detainee places the correspondence in the location designated by the facility for outgoing mail4 7,h7 ,access to detention facilities ,detention facilities shall afford access as follows3 7i7 ,subject to reasonable conditions to protect the security of the facility1 detention facilities shall afford access to private attorneys1 other legal representatives and legal personnel such as paralegals and ,board of ,immigration ,appeals accredited representatives2 government attorneys2 judges and courts2 embassies and consulates2 the president and vice president of the ,united ,states1 members of ,congress and their staff2 officers and other personnel of the ,department of ,justice2 officers and other personnel of the ,department of ,homeland ,security2 officers and other personnel of the ,u4,s4 ,public ,health ,service2 administrators of grievance systems2 ,state and local officials1 representatives of the news media1 and representatives of nongovernmental organizations1 community service organizations1 and intergovernmental organizations4 7ii7 ,independent observers1 including nongovernmental organizations1 shall be permitted to conduct site visits1 meet privately with detainees1 test telephones and pro bono calling platforms1 and take other reasonable steps to monitor compliance with regulations regarding conditions of detention4 ,such observers and organizations shall not be prohibited from issuing public reports on the findings of monitoring visits4 7iii7 ,detention facilities shall accommodate requests for facility tours within a reasonable time not to exceed #a week4 7iv7 ,access of media representatives to detention facilities and individual detainees may be restricted only to the extent necessary to preserve the privacy of detainees1 the security and good order of the facility1 the safety of the interviewer1 national security1 or any other obligation imposed by law or court order4 ,such access may not be restricted based on the content of the media representative's reporting1 and retaliation against detainees and members of the media based on the content of their speech shall be prohibited4 7v7 ,detention facilities may not retaliate in any way1 including denial or limitation of access to detention facilities1 against any visitor for complaints1 or public or private statements1 regarding the detention facility's compliance with regulations relating to conditions of detention4 7,i7 ,translation capabilities ,detention facilities shall employ staff that1 to the extent practicable1 is qualified in the languages represented in the population of detainees at each such facility and shall provide alternative translation services where necessary4 7,j7 ,recreational programs and activities ,detainees shall be afforded access of at least one hour per day to indoor and outdoor recreational programs and activities4 7,k7 ,safe and sanitary living environment ,detention facilities shall house no more individuals than permitted by the rated bed capacity for the facility1 where the rated bed capacity is defined by the original design capacity1 plus or minus capacity changes resulting from building additions1 reductions1 or revisions4 ,each detainee shall receive appropriate clothing and a bed and a mattress placed in an area specifically designated for residential use1 rather than an area re-tasked for residential use such as common dayrooms1 recreation areas1 or visitation rooms4 ,detention facilities shall be maintained in a safe and sanitary condition1 and adequate ventilation and reasonably comfortable indoor temperatures shall be maintained at all times4 7,l7 ,legal orientation to ensure effective immigration proceedings 7i7 ,in general ,the ,attorney ,general1 in consultation with the ,secretary of ,homeland ,security1 shall ensure that all detained aliens1 including unaccompanied minors1 in immigration proceedings receive legal orientation from an independent nongovernmental organization through a program administered and implemented by the ,executive ,office for ,immigration ,review of the ,department of ,justice4 7ii7 ,content of program ,the legal orientation program developed pursuant to this subparagraph shall be based on the ,legal ,orientation ,program carried out by the ,executive ,office for ,immigration ,review on the date of the enactment of this ,act4 ,presentations for minors shall utilize a child-centered model4 7#e7 ,classification ,the ,secretary of ,homeland ,security's rules shall ensure that detainees with no history of a criminal conviction are separated by sight and sound from detainees and inmates with criminal convictions1 pretrial inmates facing criminal prosecution1 and those inmates exhibiting violent behavior while in detention4 7#f7 ,vulnerable populations ,the ,secretary of ,homeland ,security's rules regarding conditions of detention for vulnerable populations shall-- 7,a7 recognize the unique needs of asylum seekers1 victims of torture and trafficking1 families with children1 detainees who do not speak ,english1 detainees with special religious1 cultural or spiritual considerations1 and vulnerable populations listed in section #c7;c72 and 7,b7 ensure that procedures and conditions of detention are appropriate for such vulnerable populations4 7#g7 ,staffing ,for purposes of this subsection and protecting vulnerable populations1 the ,secretary of ,homeland ,security shall appoint at least three members to the ,directorate of ,policy at the ,,gs-#ae level with substantial academic credentials and expertise in working directly with vulnerable populations including children1 families and victims of trafficking1 trauma1 and torture who shall be responsible for setting1 implementing1 and overseeing policy and regulatory developments concerning vulnerable populations4 #c4 ,secure alternatives to detention 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary of ,homeland ,security shall fully implement and utilize secure alternatives to detention programs4 7b7 ,secure alternatives to detention programs 7#a7 ,nature of the program ,for purposes of this section1 the programs referred to in subsection 7a7 are programs under which eligible aliens are released under supervision1 assistance and monitoring that ensure they appear at all immigration interviews1 appointments1 and hearings4 ,the elements of the secure alternatives to detention programs are-- 7,a7 group presentations and individual screening2 7,b7 provision of services to aliens released2 and 7,c7 on-going assistance1 supervision1 and monitoring4 7#b7 ,voluntary participation ,an alien's participation in the program is voluntary and shall not confer any rights or benefits to the alien under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#c7 ,program development ,the program shall be developed in accordance with the following guidelines3 7,a7 ,the ,secretary of ,homeland ,security shall design the program in consultation with nongovernmental organizations and academic experts in both the immigration and the criminal justice fields4 7,b7 ,all aliens in the custody of the ,secretary of ,homeland ,security deemed eligible for secure alternatives to detention programs shall be released in the least restrictive setting needed to ensure appearance at all immigration interviews1 appointments and hearings4 ,the programs shall utilize a continuum of methods1 including releasing the alien to an individual or organizational sponsor1 a supervised group home1 or a supervised1 non-penal community setting4 7,c7 ,nongovernmental organizations and ,state and local social service agencies that serve immigrants shall be contracted to conduct group and individual screening and provide services to program participants4 7,d7 ,the ,secretary of ,homeland ,security shall ensure that each alien participates in a legal presentation provided through the legal orientation presentation program administered by the ,executive ,office for ,immigration ,review4 7c7 ,protection of vulnerable populations ,within #gb hours of detaining an alien1 the ,secretary of ,homeland ,security shall screen the alien to determine if he or she falls into the following designated groups4 ,any alien described in the following designated groups who meets the criteria set forth under section #bcf7;b7 of the ,immigration and ,nationality ,act1 as amended by this ,act1 shall be released on parole1 a reasonable bond1 or the alien's own recognizance subject to the requirements of such section #bcf7;b73 7#a7 ,aliens who have serious medical or mental health needs or a disability4 7#b7 ,pregnant or nursing women4 7#c7 ,aliens who are being detained with one or more of their children4 7#d7 ,aliens who provide financial1 physical1 and other direct support to their minor children1 parents1 or other dependents4 7#e7 ,aliens who are over the age of #fe4 7#f7 ,children 7as defined at section #aja7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;c77#a7774 7#g7 ,victims of abuse1 violence1 crime or trafficking4 7#h7 ,asylum seekers and torture survivors who have demonstrated a credible fear of persecution or a reasonable fear of torture4 7#i7 ,other groups designated in regulations or guidance promulgated after the date of the enactment of this ,act by the ,secretary of ,homeland ,security4 7#aj7 ,individuals who have a nonfrivolous claim to ,united ,states citizenship or aliens who are eligible for relief under a provision of the ,immigration and ,nationality ,act4 7d7 ,options regarding detention decisions for vulnerable populations and placement in alternatives to detention ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking 7c7 and inserting 7d72 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking or at the end2 7ii7 in subparagraph 7,b71 by striking but at the end2 and 7iii7 by inserting after subparagraph 7,b7 the following3 7,c7 the alien's own recognizance2 and 2 7,c7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,d7 by inserting after paragraph 7#b7 the following3 7#c7 may enroll the alien in a secure alternatives to detention program2 but 2 7#b7 by redesignating subsections 7b71 7c71 7d71 and 7e7 as subsections 7e71 7f71 7g71 and 7h7 respectively2 7#c7 by inserting after subsection 7a7 the following3 7b7 ,custody decisions for vulnerable populations 7#a7 ,in general ,not later than #gb hours after an alien's detention unless the #gb-;hour requirement is waived in writing by the alien1 an alien who is a member of a vulnerable population 7as defined by subsection 7c77 shall be released from the ,secretary of ,homeland ,security's custody and shall not be subject to electronic monitoring unless the ,secretary of ,homeland ,security demonstrates that the alien-- 7,a7 is subject to mandatory detention under section #bce7;b77#a77;,b77iii77,,iv71 #bcf7;c7 or #bcf;,a2 or 7,b7 poses a flight risk or a risk to others or national security4 7#b7 ,release ,an alien shall be released under this subsection-- 7,a7 on the alien's own recognizance2 7,b7 by posting a reasonable bond under subsection 7a72 or 7,c7 on parole in accordance with section #bab7;d77#e77;,a74 7c7 ,participation in alternatives to detention ,an alien who is denied release on recognizance1 parole1 or bond1 or is unable to pay the bond shall be selected for participation in a secure alternatives to detention program unless the ,secretary of ,homeland ,security demonstrates by substantial evidence that the alien-- 7#a7 is subject to mandatory detention under section #bce7;b77#a77;,b77iii77,,iv7 or #bcf;,a2 or 7#b7 is a flight risk or the alien's participation in the program would create a risk to others or national security4 7d7 ,decisions under this section ,in the case of a decision under subsection 7a71 7b71 or 7c71 the following shall apply3 7#a7 ,the decision shall be made in writing and shall be served upon the individual in the language spoken by the alien4 ,a decision to continue detention without bond or parole shall specify in writing the reasons for that decision4 7#b7 ,the decision shall be served upon the alien within #gb hours of the individual's detention or1 in the case of an individual subject to section #bce1 #bch1 or #bda7;a77#e7 within #gb hours of a positive credible or reasonable fear determination4 7#c7 ,an alien subject to this section1 including all aliens who are entitled to a removal hearing under section #bdj1 may at any time after being served with the ,secretary of ,homeland ,security's decision under subsections 7a71 7b71 or 7c7 request a redetermination of that decision by an immigration judge4 7#d7 ,all custody decisions by the ,secretary of ,homeland ,security shall be subject to redetermination by an immigration judge4 ,nothing in this subsection shall be construed to prevent an individual from requesting a bond redetermination4 7#e7 ,the ,attorney ,general or an immigration judge1 at any time1 may redetermine an alien's classification under subsection 7c71 the bond of someone released1 or the custody status of someone placed in an alternatives to detention program4 ,nothing in this subsection would preclude a person from being released on bond after initially participating in an alternatives to detention program4 2 and 7#d7 in subsection 7f71 as redesignated1 in paragraph 7#b71 by inserting or for humanitarian reasons1 after such an investigation14 7e7 ,eligibility and operations ,nothing in this section shall be construed to modify the care and custody of unaccompanied alien children 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act 7#f ,u4,s4,c4 #bgi7;g77#b777 who shall be considered to be in the care and exclusive legal and physical custody of the ,secretary of ,health and ,human ,services4 ,such children shall be subject to removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a71 with the exception of children from contiguous countries eligible for administrative voluntary departure1 and shall not be permitted to participate in the program4 7f7 ,less restrictive custodial detention ,if an alien is determined not to meet the requirements for release on recognizance1 bond or parole1 or subsequently does not meet the requirements for secure alternatives to detention programs1 the alien shall be considered for placement in less restrictive forms of custody3 7#a7 ,less restrictive forms of custodial detention include electronic monitoring such as the use of ankle bracelets that monitor an individual's movement and the use of similar electronic devices4 7#b7 ,an individualized determination shall be made in each alien's case about the use of electronic monitoring4 7#c7 ,aliens who would otherwise be subject to detention including under section #bcf of such ,act 7#h ,u4,s4,c4 #abbf7 may be placed in electronic monitoring or other less restrictive forms of custody4 7#d7 ,subject to the availability of appropriations1 facilities shall be developed and used that offer the least restrictive secure setting for aliens in custody4 #d4 ,program oversight and review 7a7 ,relationships of application to certain orders ,an alien who is present in the ,united ,states and has been ordered excluded1 deported1 removed1 or ordered to depart voluntarily from the ,united ,states under any provision of the ,immigration and ,nationality ,act-- 7#a7 notwithstanding such order1 may be selected for a secure alternatives to detention program2 and 7#b7 shall not be required to file a separate motion to reopen1 reconsider1 or vacate the exclusion1 deportation1 removal1 or voluntary departure order4 7b7 ,implementing regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall promulgate regulations to implement the secure alternatives to detention programs4 7c7 ,reporting requirements ,not later than #cfe days after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives1 the ,committee on the ,judiciary of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on the ,judiciary of the ,senate a report that details all policies1 regulations1 and actions taken to comply with the provisions in this ,act and the amendments made by this ,act1 including efforts to increase the use of the secure alternatives to detention programs1 and a description of efforts taken to ensure that all aliens in expedited removal proceedings are residing under conditions that are safe1 secure1 and healthy4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,homeland ,security such sums as may be necessary to carry out this ,act and the amendments made by this ,act4 ,amounts appropriated pursuant to this subsection shall remain available until expended4