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APPENDIX 7¶
THE BOP’S RESPONSE TO THE DRAFT REPORT¶
U. S. Department of Justice¶
Federal Bureau of Prisons¶
Office of the Director¶
Washington, D.C. 20534¶
September 23, 2019¶
MEMORANDUM FOR NINA S. PELLETIER¶
ASSISTANT INSPECTOR GENERAL¶
EVALUATIONS AND INSPECTIONS¶
Thomas R. Kane¶
FROM:¶
Thomas R. Kane¶
Deputy Director¶
SUBJECT: Response to the Office of Inspector General’s (OIG) Draft Audit Report: Review and Inspection of Metropolitan Detention Center Brooklyn Facilities Issues and Related Impacts on Inmates¶
The Bureau of Prisons (BOP) appreciates the opportunity to provide a response to the Office of the Inspector General’s above-referenced report. Therefore, please find the BOP’s responses to the recommendations below:¶
OIG recommends the BOP Facility MDC Brooklyn:¶
Recommendation 1: Complete the heating, ventilation, and cooling equipment upgrade subproject at Metropolitan Detention Center Brooklyn and ensure that the equipment is capable of maintaining temperatures at BOP targets. Further, ensure that upgraded hardware and Building Management System software allow facilities staff to accurately monitor building temperatures and heating, ventilation, and cooling equipment performance.¶
Initial Response: The BOP agrees with this recommendation. The BOP will complete the heating, ventilation, and cooling equipment¶
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upgrade subproject at Metropolitan Detention Center Brooklyn and ensure that the equipment is capable of maintaining temperatures at BOP targets. Further, the BOP will ensure that upgraded hardware and Building Management System software allow facilities staff to accurately monitor building temperatures and heating, ventilation, and cooling equipment performance.¶
Recommendation 2: Take further action to diagnose the sources of temperature regulation issues and remedy them, if the upgraded Metropolitan Detention Center Brooklyn heating, ventilation, and cooling system cannot maintain building temperatures at BOP targets.¶
Initial Response: The BOP agrees with this recommendation. The BOP will take further action to diagnose the sources of temperature regulation issues and remedy them, if the upgraded Metropolitan Detention Center Brooklyn heating, ventilation, and cooling system cannot maintain building temperatures at BOP targets.¶
Recommendation 3: Until the upgraded Metropolitan Detention Center Brooklyn heating, ventilation, and cooling system can maintain building temperatures at BOP targets, add thermal underwear, sweat suits, or other cold-weather clothing to the institution’s list of standard-issue attire.¶
Initial Response: The BOP agrees with this recommendation. The BOP will add thermal underwear, sweat suits, or other cold-weather clothing to the institution’s list of standard-issue attire until the upgraded Metropolitan Detention Center Brooklyn heating, ventilation, and cooling system can maintain building temperatures at BOP targets.¶
OIG recommends that the BOP update policy and contingency plans to:¶
Recommendation 4: Ensure that, in the absence of Building Management System software, institutions use a consistent and sound method to measure and document temperatures and record all maintenance performed on heating, ventilation, and cooling equipment.¶
Initial Response: The BOP agrees with this recommendation. The BOP will ensure that, in the absence of Building Management System software, institutions will use a consistent and sound method to measure and document temperatures and record all¶
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maintenance performed on heating, ventilation, and cooling equipment.¶
Recommendation 5: Require all institutions to develop alternative legal visiting plans that ensure inmates can access legal counsel as soon as is safely possible after a facilities issue or other disruptive event.¶
Initial Response: The BOP agrees with this recommendation. The BOP will require all institutions to develop alternative legal visiting plans that ensure inmates can access legal counsel as soon as is safely possible after a facilities issue or other disruptive event.¶
Recommendation 6: Update visitation policies to describe alternative legal visiting arrangements, when legal visiting is restricted under 28 C.F.R. § 540.40, to ensure pretrial inmates may access legal counsel under 28 C.F.R. § 551.117.¶
Initial Response: The BOP agrees with this recommendation. The BOP will update visitation policies to describe alternative legal visiting arrangements, when legal visiting is restricted under 28 C.F.R. § 540.40, to ensure pretrial inmates may access legal counsel under 28 C.F.R. § 551.117.¶
Recommendation 7: Require institutions to maintain a list of inmates who use continuous positive airway pressure machines, or other electronic medical devices, in their cells so that institution staff can make every effort to accommodate those inmates in the event of a power outage.¶
Initial Response: The BOP agrees with this recommendation. The BOP will require institutions to maintain a list of inmates who use continuous positive airway pressure machines, or other electronic medical devices, in their cells so that institution staff can make every effort to accommodate those inmates in the event of a power outage.¶
Recommendation 8: When telephones and inmate computer systems are unavailable, communicate promptly to inmates the causes of and efforts to resolve problems that significantly affect institution operations, as well as alternative methods for accessing vital services.¶
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Initial Response: The BOP agrees with this recommendation. When telephones and inmate computer systems are unavailable, the BOP will communicate promptly to inmates the causes of and efforts to resolve problems that significantly affect institution operations, as well as alternative methods for accessing vital services.¶
Recommendation 9: Provide institutions additional guidance on how and when staff should inform defense counsel, the courts, inmates’ families, and the public about disruptive events affecting the conditions of confinement and institution management decisions that restrict legal and social visitation.¶
Initial Response: The BOP agrees with this recommendation. The BOP will provide institutions additional guidance on how and when staff should inform defense counsel, the courts, inmates’ families, and the public about disruptive events affecting the conditions of confinement and institution management decisions that restrict legal and social visitation.¶
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