S 3114 ISCommentsClose CommentsPermalink

To provide safeguards against faulty asylum procedures, to improve conditions of detention for detainees, and for other purposes.CommentsClose CommentsPermalink

June 11, 2008CommentsClose CommentsPermalink

Mr. LIEBERMAN (for himself, Mr. BROWNBACK, Mr. KENNEDY, and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To provide safeguards against faulty asylum procedures, to improve conditions of detention for detainees, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Secure and Safe Detention and Asylum Act’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ASYLUM SEEKER- The term ‘asylum seeker’ means an applicant for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) or for withholding of removal under section 241(b)(3) of such Act (8 U.S.C. 1231(b)(3)) or an alien who indicates an intention to apply for relief under either such section and does not include a person with respect to whom a final adjudication denying an application made under either such section has been entered.CommentsClose CommentsPermalink





(2) CREDIBLE FEAR OF PERSECUTION- The term ‘credible fear of persecution’ has the meaning given that term in section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)).CommentsClose CommentsPermalink





(3) DEPARTMENT- The term ‘Department’ means the Department of Homeland Security.CommentsClose CommentsPermalink





(4) DETAINEE- The term ‘detainee’ means an alien in the Department’s custody held in a detention facility.CommentsClose CommentsPermalink





(5) DETENTION FACILITY- The term ‘detention facility’ means any Federal facility in which an asylum seeker, an alien detained pending the outcome of a removal proceeding, or an alien detained pending the execution of a final order of removal, is detained for more than 72 hours, or any other facility in which such detention services are provided to the Federal Government by contract, and does not include detention at any port of entry in the United States.CommentsClose CommentsPermalink





(6) REASONABLE FEAR OF PERSECUTION OR TORTURE- The term ‘reasonable fear of persecution or torture’ has the meaning described in section 208.31 of title 8, Code of Federal Regulations.CommentsClose CommentsPermalink





(7) SECRETARY- The term ‘Secretary’ means the Secretary of Homeland Security.CommentsClose CommentsPermalink





(8) STANDARD- The term ‘standard’ means any policy, procedure, or other requirement.CommentsClose CommentsPermalink





(9) VULNERABLE POPULATIONS- The term ‘vulnerable populations’ means classes of aliens subject to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who have special needs requiring special consideration and treatment by virtue of their vulnerable characteristics, including experiences of, or risk of, abuse, mistreatment, or other serious harms threatening their health or safety. Vulnerable populations include the following:CommentsClose CommentsPermalink





(A) Asylum seekers.CommentsClose CommentsPermalink





(B) Refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) and individuals seeking such admission.CommentsClose CommentsPermalink





(C) Aliens whose deportation is being withheld under section 243(h) of the Immigration and Nationality Act (as in effect immediately before the effective date of section 307 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-612)) or section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)).CommentsClose CommentsPermalink





(D) Aliens granted or seeking protection under article 3 of the Convention Against Torture and other Cruel, Inhumane, or Degrading Treatment or Punishment, done at New York, December 10, 1994.CommentsClose CommentsPermalink





(E) Applicants for relief and benefits under the Immigration and Nationality Act pursuant to the amendments made by the Trafficking Victims Protection Act of 2000 (division A of Public Law 106-386; 114 Stat. 1464), including applicants for nonimmigrant status under subparagraph (T) or (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).CommentsClose CommentsPermalink





(F) Applicants for relief and benefits under the Immigration and Nationality Act pursuant to the amendments made by the Violence Against Women Act of 2000 (division B of Public Law 106-386; 114 Stat. 1491).CommentsClose CommentsPermalink





(G) Unaccompanied alien children (as defined in 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).CommentsClose CommentsPermalink

SEC. 3. RECORDING SECONDARY INSPECTION INTERVIEWS.

(a) In General- The Secretary shall establish quality assurance procedures to ensure the accuracy and verifiability of signed or sworn statements taken by employees of the Department exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)).CommentsClose CommentsPermalink





(b) Factors Relating to Sworn Statements- Any sworn or signed written statement taken of an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of the interview which served as the basis for that sworn statement.CommentsClose CommentsPermalink





(c) Recordings-CommentsClose CommentsPermalink





(1) IN GENERAL- The recording of the interview shall also include the written statement, in its entirety, being read back to the alien in a language that the alien claims to understand, and the alien affirming the accuracy of the statement or making any corrections thereto.CommentsClose CommentsPermalink





(2) FORMAT- The recording shall be made in video, audio, or other equally reliable format.CommentsClose CommentsPermalink





(d) Exemption Authority-CommentsClose CommentsPermalink





(1) Subsections (b) and (c) shall not apply to interviews that occur at facilities exempted by the Secretary pursuant to this subsection.CommentsClose CommentsPermalink





(2) The Secretary or the Secretary’s designee may exempt any facility based on a determination by the Secretary or the Secretary’s designee that compliance with subsections (b) and (c) at that facility would impair operations or impose undue burdens or costs.CommentsClose CommentsPermalink





(3) The Secretary or the Secretary’s designee shall report annually to Congress on the facilities that have been exempted pursuant to this subsection.CommentsClose CommentsPermalink





(4) The exercise of the exemption authority granted by this subsection shall not give rise to a private cause of action.CommentsClose CommentsPermalink





(e) Interpreters- The Secretary shall ensure that a professional fluent interpreter is used when the interviewing officer does not speak a language understood by the alien and there is no other Federal, State, or local government employee available who is able to interpret effectively, accurately, and impartially.CommentsClose CommentsPermalink





(f) Recordings in Immigration Proceedings- Recordings of interviews of aliens described in subsection (b) shall be included in the record of a proceeding and may be considered as evidence in any further proceedings involving the alien.CommentsClose CommentsPermalink

SEC. 4. PROCEDURES GOVERNING DETENTION DECISIONS.

Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(i) in the first sentence by striking ‘Attorney General’ and inserting ‘Secretary of Homeland Security’;CommentsClose CommentsPermalink





(ii) by striking ‘(c)’ and inserting ‘(d)’; andCommentsClose CommentsPermalink





(iii) in the second sentence by striking ‘Attorney General’ and inserting ‘Secretary’;CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A)--CommentsClose CommentsPermalink





(I) by striking ‘Attorney General’ and inserting ‘Secretary’; andCommentsClose CommentsPermalink





(II) by striking ‘or’ at the end;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘but’ at the end; andCommentsClose CommentsPermalink





(iii) by inserting after subparagraph (B) the following:CommentsClose CommentsPermalink





‘(C) the alien’s own recognizance; orCommentsClose CommentsPermalink





‘(D) a secure alternatives program as provided for in this section; but’;CommentsClose CommentsPermalink





(2) by redesignating subsections (b), (c), (d), and (e) as subsections (d), (e), (f), and (h), respectively;CommentsClose CommentsPermalink





(3) by inserting after subsection (a) the following new subsections:CommentsClose CommentsPermalink





‘(b) Custody Decisions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In the case of a decision under subsection (a) or (d), the following shall apply:CommentsClose CommentsPermalink





‘(A) The decision shall be made in writing and shall be served upon the alien. A decision to continue detention without bond or parole shall specify in writing the reasons for that decision.CommentsClose CommentsPermalink





‘(B) The decision shall be served upon the alien within 72 hours of the alien’s detention or, in the case of an alien subject to section 235 or 241(a)(5) who must establish a credible fear of persecution or a reasonable fear of persecution or torture in order to proceed in immigration court, within 72 hours of a positive credible fear of persecution or reasonable fear of persecution or torture determination.CommentsClose CommentsPermalink





‘(2) CRITERIA TO BE CONSIDERED- The criteria to be considered by the Secretary and the Attorney General in making a custody decision shall include--CommentsClose CommentsPermalink





‘(A) whether the alien poses a risk to public safety or national security;CommentsClose CommentsPermalink





‘(B) whether the alien is likely to appear for immigration proceedings; andCommentsClose CommentsPermalink





‘(C) any other relevant factors.CommentsClose CommentsPermalink





‘(3) CUSTODY REDETERMINATION- An alien subject to this section may at any time after being served with the Secretary’s decision under subsections (a) or (d) request a redetermination of that decision by an immigration judge. All decisions by the Secretary to detain an alien without bond or parole shall be subject to redetermination by an immigration judge within 2 weeks from the time the alien was served with the decision, except that the alien may waive the requirement that the redetermination occur within 2 weeks. The alien may request another redetermination upon a showing of a material change in circumstances since the last redetermination hearing.CommentsClose CommentsPermalink





‘(c) Exception for Mandatory Detention- Subsection (b) shall not apply to any alien who is subject to mandatory detention under section 235(b)(1)(B)(iii)(IV), 236(c), or 236A or who has a final order of removal and has no proceedings pending before the Executive Office for Immigration Review.’;CommentsClose CommentsPermalink





(4) in subsection (d), as redesignated--CommentsClose CommentsPermalink





(A) by striking ‘Attorney General’ and inserting ‘Secretary’; andCommentsClose CommentsPermalink





(B) by striking ‘or parole’ and inserting ‘, parole, or decision to release;’;CommentsClose CommentsPermalink





(5) in subsection (e), as redesignated--CommentsClose CommentsPermalink





(A) by striking ‘Attorney General’ and inserting ‘Secretary’ each place it appears; andCommentsClose CommentsPermalink





(B) in paragraph (2), by inserting ‘or for humanitarian reasons,’ after ‘such an investigation,’;CommentsClose CommentsPermalink





(6) in subsection (f), as redesignated--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘Attorney General’ and inserting ‘Secretary’;CommentsClose CommentsPermalink





(B) in paragraph (1), in subparagraphs (A) and (B), by striking ‘Service’ and inserting ‘Department of Homeland Security’; andCommentsClose CommentsPermalink





(C) in paragraph (3), by striking ‘Service’ and inserting ‘Secretary of Homeland Security’;CommentsClose CommentsPermalink





(7) by inserting after subsection (f), as redesignated, the following new subsection:CommentsClose CommentsPermalink





‘(g) Administrative Review- If an immigration judge’s custody decision has been stayed by the action of an officer or employee of the Department of Homeland Security, the stay shall expire in 30 days, unless the Board of Immigration Appeals before the expiration of the 30 days, and upon motion, enters an order continuing the stay.’; andCommentsClose CommentsPermalink





(8) in subsection (h), as redesignated--CommentsClose CommentsPermalink





(A) by striking ‘Attorney General’s’ and inserting ‘Secretary of Homeland Security’s’; andCommentsClose CommentsPermalink





(B) by striking ‘Attorney General’ and inserting ‘Secretary’.CommentsClose CommentsPermalink

SEC. 5. LEGAL ORIENTATION PROGRAM.

(a) In General- The Attorney General, in consultation with the Secretary, shall ensure that all detained aliens in immigration and asylum proceedings receive legal orientation through a program administered and implemented by the Executive Office for Immigration Review of the Department of Justice.CommentsClose CommentsPermalink





(b) Content of Program- The legal orientation program developed pursuant to this section 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 Act.CommentsClose CommentsPermalink





(c) Expansion of Legal Assistance- The Secretary shall ensure the expansion through the United States Citizenship and Immigration Services of public-private partnerships that facilitate pro bono counseling and legal assistance for asylum seekers awaiting a credible fear of persecution interview, as a continuation of existing programs, such as the pilot program developed in Arlington, Virginia by the United States Citizenship and Immigration Services.CommentsClose CommentsPermalink

SEC. 6. CONDITIONS OF DETENTION.

(a) In General- The Secretary shall ensure that standards governing conditions and procedures at detention facilities are fully implemented and enforced, and that all detention facilities comply with the standards.CommentsClose CommentsPermalink





(b) Procedures and Standards- The Secretary shall promulgate new standards, or modify existing detention standards, to improve conditions in detention facilities. The improvements shall address at a minimum the following policies and procedures:CommentsClose CommentsPermalink





(1) FAIR AND HUMANE TREATMENT- Procedures to ensure that detainees are not subject to degrading or inhumane treatment such as physical abuse, sexual abuse or harassment, or arbitrary punishment.CommentsClose CommentsPermalink





(2) LIMITATIONS ON SOLITARY CONFINEMENT- Procedures limiting the use of solitary confinement, shackling, and strip searches of detainees to situations where the use of such techniques is necessitated by security interests or other extraordinary circumstances.CommentsClose CommentsPermalink





(3) INVESTIGATION OF GRIEVANCES- Procedures for the prompt and effective investigation of grievances raised by detainees.CommentsClose CommentsPermalink





(4) ACCESS TO TELEPHONES- Procedures permitting detainees sufficient access to telephones, and the ability to contact, free of charge, legal representatives, the immigration courts, the Board of Immigration Appeals, and the Federal courts through confidential toll-free numbers.CommentsClose CommentsPermalink





(5) LOCATION OF FACILITIES- Location of detention facilities, to the extent practicable, near sources of free or low-cost legal representation with expertise in asylum or immigration law.CommentsClose CommentsPermalink





(6) PROCEDURES GOVERNING TRANSFERS OF DETAINEES- Procedures governing the transfer of a detainee that take into account--CommentsClose CommentsPermalink





(A) the detainee’s access to legal representatives; andCommentsClose CommentsPermalink





(B) the proximity of the facility to the venue of the asylum or removal proceeding.CommentsClose CommentsPermalink





(7) TRANSLATION CAPABILITIES- The employment of detention facility staff that, to the extent practicable, are qualified in the languages represented in the population of detainees at a detention facility, and the provision of alternative translation services when necessary.CommentsClose CommentsPermalink





(8) RECREATIONAL PROGRAMS AND ACTIVITIES- Daily access to indoor and outdoor recreational programs and activities.CommentsClose CommentsPermalink





(c) Quality of Medical Care-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall ensure that prompt and adequate medical care is provided at no cost to detainees, including dental care, eye care, mental health care, and where appropriate, individual and group counseling, medical dietary needs, and other medically necessary specialized care.CommentsClose CommentsPermalink





(2) MEDICAL FACILITIES- The Secretary shall ensure that medical facilities in all detention facilities maintain current accreditation by the National Commission on Correctional Health Care (NCCHC).CommentsClose CommentsPermalink





(3) 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 detainee, his legal representative, or other authorized individuals.CommentsClose CommentsPermalink





(d) Special Standards for Noncriminal Detainees- The Secretary shall promulgate new standards, or modifications to existing standards, that--CommentsClose CommentsPermalink





(1) recognize the distinctions between persons with criminal convictions or a history of violent behavior and all other detainees; andCommentsClose CommentsPermalink





(2) ensure that procedures and conditions of detention are appropriate for a noncriminal, nonviolent population.CommentsClose CommentsPermalink





(e) Special Standards for Vulnerable Populations- The Secretary shall promulgate new standards, or modifications to existing standards, that--CommentsClose CommentsPermalink





(1) recognize the unique needs of asylum seekers, victims of torture and trafficking, families with children, detainees who do not speak English, detainees with special religious, cultural or spiritual considerations, and other vulnerable populations; andCommentsClose CommentsPermalink





(2) ensure that procedures and conditions of detention are appropriate for the populations listed in this subsection.CommentsClose CommentsPermalink





(f) Training of Personnel-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall ensure that personnel in detention facilities are given specialized training to better understand and work with the population of detainees held at the facilities where such personnel work. The training should address the unique needs of--CommentsClose CommentsPermalink





(A) asylum seekers;CommentsClose CommentsPermalink





(B) victims of torture or other trauma; andCommentsClose CommentsPermalink





(C) other vulnerable populations.CommentsClose CommentsPermalink





(2) SPECIALIZED TRAINING- The training required by this subsection shall be designed to better enable personnel to work with detainees from different countries, and detainees who cannot speak English. The training shall emphasize that many detainees have no criminal records and are being held for civil violations.CommentsClose CommentsPermalink

SEC. 7. OFFICE OF DETENTION OVERSIGHT.

(a) Establishment of the Office-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established within the Department an Office of Detention Oversight (in this section referred to as the ‘Office’).CommentsClose CommentsPermalink





(2) HEAD OF THE OFFICE- The head of the Office shall be an Administrator who shall be appointed by, and shall report to, the Secretary.CommentsClose CommentsPermalink





(3) SCHEDULE- The Office shall be established and the Administrator of the Office appointed not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Responsibilities of the Office-CommentsClose CommentsPermalink





(1) INSPECTIONS OF DETENTION CENTERS- The Administrator of the Office shall--CommentsClose CommentsPermalink





(A) undertake frequent and unannounced inspections of all detention facilities;CommentsClose CommentsPermalink





(B) develop a procedure for any detainee or the detainee’s representative to file a written complaint directly with the Office; andCommentsClose CommentsPermalink





(C) report to the Secretary and to the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement all findings of a detention facility’s noncompliance with detention standards.CommentsClose CommentsPermalink





(2) INVESTIGATIONS- The Administrator of the Office shall--CommentsClose CommentsPermalink





(A) initiate investigations, as appropriate, into allegations of systemic problems at detention facilities, incidents that constitute serious violations of detention standards, or other matters related to mistreatment of detainees;CommentsClose CommentsPermalink





(B) report to the Secretary and the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement the results of all investigations; andCommentsClose CommentsPermalink





(C) refer matters, where appropriate, for further action to--CommentsClose CommentsPermalink





(i) the Department of Justice;CommentsClose CommentsPermalink





(ii) the Office of the Inspector General of the Department;CommentsClose CommentsPermalink





(iii) the Office of Civil Rights and Civil Liberties of the Department; orCommentsClose CommentsPermalink





(iv) any other relevant office or agency.CommentsClose CommentsPermalink





(3) REPORT TO CONGRESS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Administrator of the Office shall submit to the Secretary, the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives an annual report on the Administrator’s findings on detention conditions and the results of the investigations carried out by the Administrator.CommentsClose CommentsPermalink





(B) CONTENTS OF REPORT- Each report required by subparagraph (A) shall include--CommentsClose CommentsPermalink





(i) a description of the actions to remedy findings of noncompliance or other problems that are taken by the Secretary or the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement, and each detention facility found to be in noncompliance; andCommentsClose CommentsPermalink





(ii) information regarding whether such actions were successful and resulted in compliance with detention standards.CommentsClose CommentsPermalink





(4) REVIEW OF COMPLAINTS BY DETAINEES- The Administrator of the Office shall establish procedures to receive and review complaints of violations of the detention standards promulgated by the Secretary. The procedures shall protect the anonymity of the claimant, including detainees, employees, or others, from retaliation.CommentsClose CommentsPermalink





(c) Cooperation With Other Offices and Agencies- Whenever appropriate, the Administrator of the Office shall cooperate and coordinate its activities with--CommentsClose CommentsPermalink





(1) the Office of the Inspector General of the Department;CommentsClose CommentsPermalink





(2) the Office of Civil Rights and Civil Liberties of the Department;CommentsClose CommentsPermalink





(3) the Privacy Officer of the Department;CommentsClose CommentsPermalink





(4) the Civil Rights Division of the Department of Justice; orCommentsClose CommentsPermalink





(5) any other relevant office or agency.CommentsClose CommentsPermalink





(d) Deaths of Detainees- The Secretary shall ensure that--CommentsClose CommentsPermalink





(1) all deaths of detainees and other aliens in the Department’s custody, or other deaths related to operations or actions of employees of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection, are reported to--CommentsClose CommentsPermalink





(A) the Office of Detention Oversight, if the death occurred in a detention facility;CommentsClose CommentsPermalink





(B) the Office of the Inspector General of the Department;CommentsClose CommentsPermalink





(C) the legal representative of the deceased alien, if the Department is on notice that a representative has been retained on the alien’s behalf;CommentsClose CommentsPermalink





(D) the immediate family of the deceased alien, if the Department has contact information for an immediate family member; andCommentsClose CommentsPermalink





(E) relevant State and local government officials, including the coroner and the local law enforcement agency with jurisdiction in the location where the death occurred;CommentsClose CommentsPermalink





(2) a thorough investigation is conducted into each death by--CommentsClose CommentsPermalink





(A) the Office of Detention Oversight;CommentsClose CommentsPermalink





(B) the Office of the Inspector General of the Department; orCommentsClose CommentsPermalink





(C) another appropriate office with investigative authority in the Department or other Federal agency; andCommentsClose CommentsPermalink





(3) a report describing the results of the investigation into each death is provided to--CommentsClose CommentsPermalink





(A) the Secretary;CommentsClose CommentsPermalink





(B) the Committee on the Judiciary and Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





(C) the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink

SEC. 8. SECURE ALTERNATIVES PROGRAM.

(a) Establishment of Program- The Secretary shall establish a secure alternatives program under which an alien who has been detained may be released under enhanced supervision to prevent the alien from absconding and to ensure that the alien makes appearances related to such detention.CommentsClose CommentsPermalink





(b) Program Requirements-CommentsClose CommentsPermalink





(1) NATIONWIDE IMPLEMENTATION- The Secretary shall facilitate the development of the secure alternatives program on a nationwide basis, as a continuation of existing pilot programs such as the Intensive Supervision Appearance Program developed by the Department.CommentsClose CommentsPermalink





(2) UTILIZATION OF ALTERNATIVES- The secure alternatives program shall utilize a continuum of alternatives based on the alien’s need for supervision, including placement of the alien with an individual or organizational sponsor, or in a supervised group home.CommentsClose CommentsPermalink





(3) ALIENS ELIGIBLE FOR SECURE ALTERNATIVES PROGRAM-CommentsClose CommentsPermalink





(A) IN GENERAL- Aliens who would otherwise be subject to detention based on a consideration of the release criteria in section 236(b)(2) of the Immigration and Nationality Act, or who are released pursuant to section 236(e)(2) of such Act, shall be considered for the secure alternatives program.CommentsClose CommentsPermalink





(B) DESIGN OF PROGRAMS- Secure alternatives programs shall be designed to ensure sufficient supervision of the population described in subparagraph (A).CommentsClose CommentsPermalink





(4) CONTRACTS- The Secretary shall enter into contracts with qualified nongovernmental entities to implement the secure alternatives program.CommentsClose CommentsPermalink





(5) OTHER CONSIDERATIONS- In designing such program, the Secretary shall--CommentsClose CommentsPermalink





(A) consult with relevant experts; andCommentsClose CommentsPermalink





(B) consider programs that have proven successful in the past, including the Appearance Assistance Program developed by the Vera Institute and the Intensive Supervision Appearance Program.CommentsClose CommentsPermalink

SEC. 9. LESS RESTRICTIVE DETENTION FACILITIES.

(a) Construction- The Secretary shall facilitate the construction or use of secure but less restrictive detention facilities.CommentsClose CommentsPermalink





(b) Criteria- In developing detention facilities pursuant to this section, the Secretary shall--CommentsClose CommentsPermalink





(1) consider the design, operation, and conditions of existing secure but less restrictive detention facilities, such as the Department’s detention facilities in Broward County, Florida, and Berks County, Pennsylvania;CommentsClose CommentsPermalink





(2) to the extent practicable, construct or use detention facilities where--CommentsClose CommentsPermalink





(A) movement within and between indoor and outdoor areas of the facility is subject to minimal restrictions;CommentsClose CommentsPermalink





(B) detainees have ready access to social, psychological, and medical services;CommentsClose CommentsPermalink





(C) detainees with special needs, including those who have experienced trauma or torture, have ready access to services and treatment addressing their needs;CommentsClose CommentsPermalink





(D) detainees have ready access to programs and recreation;CommentsClose CommentsPermalink





(E) detainees are permitted contact visits with legal representatives and family members; andCommentsClose CommentsPermalink





(F) special facilities are provided to families with children.CommentsClose CommentsPermalink





(c) Facilities for Families With Children- For situations where release or secure alternatives programs are not an option, the Secretary shall, to the extent practicable, ensure that special detention facilities are specifically designed to house parents with their minor children, including ensuring that--CommentsClose CommentsPermalink





(1) procedures and conditions of detention are appropriate for families with minor children; andCommentsClose CommentsPermalink





(2) living and sleeping quarters for children under 14 years of age are not physically separated from at least 1 of the child’s parents.CommentsClose CommentsPermalink





(d) Placement in Nonpunitive Facilities- Among the factors to be considered with respect to placing a detainee in a less restrictive facility is whether the detainee is--CommentsClose CommentsPermalink





(1) an asylum seeker;CommentsClose CommentsPermalink





(2) part of a family with minor children;CommentsClose CommentsPermalink





(3) a member of a vulnerable population; orCommentsClose CommentsPermalink





(4) a nonviolent, noncriminal detainee.CommentsClose CommentsPermalink





(e) Procedures and Standards- Where necessary, the Secretary shall promulgate new standards, or modify existing detention standards, to promote the development of less restrictive detention facilities.CommentsClose CommentsPermalink

SEC. 10. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

(a) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this Act.CommentsClose CommentsPermalink





(b) Effective Date- This Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink