Feds cite health concerns for its detainees at Saipan prison

The U.S. Department of Homeland Security’s Immigration and Customs Enforcement has raised concerns about inadequate healthcare services for federal detainees at the $20.9-million adult prison in Susupe, prompting the transfer of some inmates to Guam.

This comes even as the CNMI and ICE inked their latest $53,400 agreement on the federal agency’s use of the prison at least through June 30 but that could be extended through May 2013.

ICE and the CNMI, through the Department of Corrections and the Office of the Attorney General, have been negotiating ICE’s use of the Susupe prison to house federal detainees.

ICE representatives recently visited the Susupe prison complex.

Attorney General Edward Buckingham said that “overall, the operations of the detention facility are found to be appropriate. However, certain issues were identified regarding healthcare for detainees.”

“These are now subject of review so that the concerns of ICE are addressed,” Buckingham told Saipan Tribune.

Buckingham said the CNMI anticipates a follow-up visit by ICE representatives in the future “to verify that the issues have been addressed.”

“In the meantime, there has been a reduction of ICE detainees,” he said.

It’s not immediately known how many federal detainees have been moved or will be moved from the Susupe prison complex to Guam, as a result of ICE’s findings.

The prison is run by the CNMI Department of Corrections.

ICE has acknowledged receipt but has yet to respond to media inquiries as of yesterday.

Commonwealth Healthcare Center chief executive officer Juan N. Babauta separately confirmed ICE’s concerns during a recent report to the CHC board of trustees, referring to an email from Timothy S. Aitken, field officer director for ICE from the San Francisco Removal Operations, “regarding federal detainees at the DOC facility and issues to be met.”

“The areas that concerned CHCC are: dental services, improved medical records organization, medical consent forms, medical staffing, diabetic supplies, mental health assessment, etc.” Babauta said.

Corrections Commissioner Ray Mafnas, Buckingham, and assistant attorney general Tiberius Mocanu met with Babauta on May 29 on the issue. Babauta said they agreed to set everything up in six weeks, and the next meeting is on July 24. Mafnas did not return calls for comment.

Buckingham said the CNMI and ICE “are routinely exchanging information and collaboratively working to resolve the identified issues.”

“The goal of both the Commonwealth and ICE is to continue to have a working partnership and to continue to use the Department of Corrections facility to house administrative (ICE) detainees,” he said.

$89 bed rate

The CNMI and ICE have an existing agreement on ICE’s use of the Susupe prison complex for its federal detainees.

The latest task order, dated May 9, 2012, calls for “the detention and care of aliens housed at the Saipan Department of Corrections at a rate of $89 per bed day.”

This task order amounts to $53,400, covering 30 days for 20 beds per day at a rate of $89.

It is estimated that the funds obligated will cover the period through June 30, 2012.

“If fully funded, the performance period will be June 1, 2012, through May 31, 2013, and the annual estimated amount will be: 365 days x 20 per day x $89 = $649,700,” the five-page task order reads.

A May 2010 report by the U.S. Government Accountability Office said the CNMI and DHS must work together so that DHS can implement federal border control and immigration in the CNMI. GAO, the investigative arm of the U.S. Congress, recommended that the DHS secretary work with the head of ICE to conclude negotiations with the CNMI government regarding access to detention space.

As a result, ICE has transferred three of 30 aliens to prisons in Guam and Honolulu. These three are convicted criminals under CNMI or U.S. law, GAO had said in May 2010.

The CNMI also has an existing agreement with the U.S. Marshal Service for the latter’s use of the Susupe prison complex.

The CNMI built the $20.9-million prison complex in Susupe under a consent decree signed with the U.S. Department of Justice after DOJ saw the deplorable conditions of the old prison.

Construction began in 2002. The initial cost was only about $17 million but due to change orders, as well as procurement protests and counter protests, the project cost ballooned to $20.9 million. It opened only in February 2008.