**11. ICE Risk Assessment**

The mission of the DOJ National Institute of Corrections (NIC) is to advance public safety by shaping and enhancing correctional policies and practices. The NIC created an objective classification system for the INS at its request to ensure every detainee is placed in the appropriate category of risk—low, medium–low, medium–high, or high—and physically separated from detainees in other custody levels in the least restrictive housing consistent with facility safety and security. To do so reduces lower custody detainees' exposure to any potential physical and psychological danger that higher custody detainees may pose (ICE 2002a). The risk assessment process in ICE's five Custody Classification detention standards is also used to ascertain detainees' suitability for release and the conditions, if any, that may be warranted to ensure their compliance with court appearances.

NDS 2000 Detention Standard Detainee Classification System (ICE 2002b) is the most comprehensive of the five standards. As written, custody staff *in consultation with* medical and mental health clinicians can consistently produce highly accurate assessments of risk and need for special housing.

PBNDS 2008 (ICE 2008b), PBNDS 2011 (ICE 2011b), and PBNDS 2011 (rev. 2016) (ICE 2016b) Detention Standard 2.2 Custody Classification lack some of its specificity however there is sufficient instruction that staff can accurately assess detainee risk. The primary difference between PBNDS 2008, 2011, and 2011 (rev. 2016) and NDS 2000 is that these three rely primarily on detention officers to assess the detainees thus there must be adequate training and continual oversight by healthcare personnel to achieve a good result.

Additionally, the NDS 2000, PBNDS 2008, PBNDS 2011, and PBNDS 2011 standards (rev. 2016) include a user's manual and assessment forms or worksheets to promote consistently reliable outcomes. NDS 2000 also includes a monitoring instrument, the Primary Assessment Form, to assess each facility's compliance with the policy.

NDS 2019 Standard Detainee Classification System (ICE 2019b) is by far the least likely to achieve a good result. It has few instructions and no worksheets or forms. Detention staff is expected to complete assessments without assistance or support. NDS 2000 with attachments is 33 pages whereas, NDS 2019 is just three pages. Sometimes size matters— this is one of those times. Since the advent of COVID-19, reliable risk assessments are more consequential than ever.

### *11.1. ICE Special Vulnerabilities and Management Concerns*

The NIC recognized that some detainees have special vulnerabilities and/or management concerns and there also should be provision in the classification process for their identification to inform housing assignments and accommodate certain handicapping conditions.

NDS 2000 Detainee Classification System and PBNDS 2008 Classification System identified only several Special Management Concerns—psychological impairments, mental deficiency, substance abuse, and detainees with medical problems or physical impairments. PBNDS 2011 2.2 Custody Classification System, PBNDS 2011 (rev. 2016) Custody Classification System, and NDS 2019 Custody Classification recognized quite a few special vulnerabilities—the elderly, those who are pregnan<sup>t</sup> or nursing; those with serious physical or mental illness, or other disabilities; those who would be susceptible to harm in general population related to their sexual orientation or gender identity; and victims of sexual assault, torture, trafficking, or abuse. Having reviewed hundreds of custody classification worksheets in numerous facilities over the past ten years however, I can attest most Intake Officers do not complete this section and I do not believe they have had the training to do so correctly if they were directed. That so few are completed, or completed correctly, also underscores the need for training and continual supervision.
