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APPENDIX 8¶
OIG ANALYSIS OF THE BOP’S RESPONSE¶
The OIG provided a draft of this report to the BOP for its comment. The BOP’s response is included in Appendix 7 of this report. The OIG’s analysis of the BOP’s response and the actions necessary to close the recommendations are discussed below.¶
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.¶
Status: Resolved.¶
BOP Response: The BOP concurred with the recommendation and stated that it will 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. The BOP will also ensure that upgraded hardware and Building Management System software allow facilities staff to accurately monitor building temperatures and heating, ventilation, and cooling equipment performance.¶
OIG Analysis: The BOP’s planned actions are responsive to our recommendation. On or before December 26, 2019, please provide documentation detailing the status of the upgrade subproject, as well as documentation, such as temperature and maintenance logs, that demonstrate that facilities staff are able to use the Building Management System software 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.¶
Status: Resolved.¶
BOP Response: The BOP concurred with the recommendation and stated that it 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.¶
OIG Analysis: The BOP’s planned actions are responsive to our recommendation. If the BOP or the OIG determines (based on information provided in response to Recommendation 1) that the upgraded Metropolitan Detention Center Brooklyn heating, ventilation, and cooling system cannot maintain¶
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building temperatures at BOP targets, please provide documentation, by December 26, 2019, detailing alternative repair actions taken or proposed plans to address temperature regulation issues.¶
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.¶
Status: Resolved.¶
BOP Response: The BOP concurred with the recommendation and stated that it will add thermal underwear, sweat suits, or other cold-weather clothing to the institution’s list of standard-issue attire until the upgraded heating, ventilation, and cooling system can maintain building temperatures at BOP targets.¶
OIG Analysis: The BOP’s planned actions are responsive to our recommendation. On or before December 26, 2019, please provide documentation indicating that thermal underwear, sweat suits, or other cold-weather clothing has been added to the institution’s list of standard-issue attire and has been distributed to all inmates. The BOP should continue to issue this clothing until the institution’s heating, ventilation, and cooling system is able to maintain building temperatures at BOP targets.¶
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.¶
Status: Resolved.¶
BOP Response: The BOP concurred with the recommendation and stated that it will 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.¶
OIG Analysis: The BOP’s planned actions are responsive to our recommendation. On or before December 26, 2019, please provide documentation that indicates that all BOP institutions have received guidance about how, in the absence of Building Management System software, to use a consistent and sound method to measure and document temperatures and record all maintenance performed on heating, ventilation, and cooling equipment.¶
Recommendation 5: Require all institutions to develop alternative legal visiting plans that ensure that inmates can access legal counsel as soon as is safely possible after a facilities issue or other disruptive event.¶
Status: Resolved.¶
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BOP Response: The BOP concurred with the recommendation and stated that it will require all institutions to develop alternative legal visiting plans that ensure that inmates can access legal counsel as soon as is safely possible after a facilities issue or other disruptive event.¶
OIG Analysis: The BOP’s planned actions are responsive to our recommendation. On or before December 26, 2019, please provide documentation indicating that the BOP requires all institutions to develop alternative legal visiting plans. Further, provide a status update detailing the number of institutions that have developed such a plan.¶
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.¶
Status: Resolved.¶
BOP Response: The BOP concurred with the recommendation and stated that it will update visitation policies to describe alternative legal visiting arrangements, when legal visiting is restricted under 28 C.F.R. $ \§ $ 540.40, to ensure that pretrial inmates may access legal counsel under 28 C.F.R. $ \§ $ 551.117.¶
OIG Analysis: The BOP’s planned actions are responsive to our recommendation. On or before December 26, 2019, please provide documentation indicating that the BOP has updated visitation policies or provide a status update on your progress.¶
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.¶
Status: Resolved.¶
BOP Response: The BOP concurred with the recommendation and stated that it will require institutions to maintain a list of inmates who use continuous positive airway pressure machines, or other electronic medical devices, in their cells.¶
OIG Analysis: The BOP’s planned actions are responsive to our recommendation. On or before December 26, 2019, please provide documentation indicating that the BOP requires all institutions to maintain a list of inmates who use continuous positive airway pressure machines, or other electronic medical devices, in their cells. Further, provide a status update detailing the number of institutions that have developed this list.¶
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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Status: Resolved.¶
BOP Response: The BOP concurred with the recommendation and stated that, when telephones and inmate computer systems are unavailable, it 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.¶
OIG Analysis: The BOP’s planned actions are responsive to our recommendation. On or before December 26, 2019, please provide documentation indicating that the BOP has developed and issued the relevant guidance to all BOP institutions.¶
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 visiting.¶
Status: Resolved.¶
BOP Response: The BOP concurred with the recommendation and stated that it 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 visiting.¶
OIG Analysis: The BOP’s planned actions are responsive to our recommendation. On or before December 26, 2019, please provide documentation indicating that the BOP has developed and issued the relevant guidance to all BOP institutions.¶
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The Department of Justice Office of the Inspector General (DOJ OIG) is a statutorily created independent entity whose mission is to detect and deter waste, fraud, abuse, and misconduct in the Department of Justice, and to promote economy and efficiency in the Department’s operations.¶
To report allegations of waste, fraud, abuse, or misconduct regarding DOJ programs, employees, contractors, grants, or contracts please visit or call the DOJ OIG Hotline at oig.justice.gov/hotline or (800) 869-4499.¶
U.S. DEPARTMENT OF JUSTICE OFFICE OF THE INSPECTOR GENERAL¶
950 Pennsylvania Avenue, NW¶
Washington, DC 20530-0001¶
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Also at Oversight.gov¶
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