Temporary Holding Facility at the Pentagon Reservation
Introduction
With nearly twenty thousand civilian and military working inside the sprawling facility on a daily basis, many technological devices were installed in order to enhance the physical security of the Pentagon reservation. This is to safeguard the physical safety of each personnel, each of whom has a significant role in aiding the men and women serving in the United States Armed Forces. Substantial alterations are being conducted in the structural aspect of the facility to enhance the capacity of the building to withstand assaults, give refuge for the leadership of the American government, and provide its personnel with long-term employment. Despite all these activities concerning enhancements in the structure of the facility, there is one area that is being overlooked - that of the facilitys physical security area.
The costs associated with the proposed construction will be substantial but the benefits will far outweigh the expenditures. In terms of financial allocation, four law enforcement personnel that would work for eight hour shifts is required to fully comply with the security needs of individuals who are incarcerated within the facility. Apart from the perceived medical costs, equipment and personnel to address such need, if such arises, will be an extra cost for the facility, and the provision of meals, at least three times a day at the minimum, will increment the costs for the facility. There are many benefits to be accrued from the construction of an interim detention facility. First, it will provide security for the law enforcement personnel in the Pentagon reservation and to the Falcon Stone Mountain Facility. This will also safeguard the safety of the personnel, be they employees or security, in the event that a criminal escapes from the custody of the local police authorities.
This paper evaluates the feasibility of the establishment of an interim detention facility within the Pentagon reservation. At present, the Pentagon Police Department at the Pentagon Reservation does not have a temporary holding facility. Building a small temporary holding facility at Pentagon Reservation is the only solution for this serious problem. Training is critical and the most important component for this new law enforcement duty.
Literature Review
The literature review of the paper will pinpoint the need for the establishment of an impermanent detention facility and demonstrate the facilitys significant contribution to the police stationed within the confines of the Pentagon. Moreover, the literature utilized for the paper will accentuate the effectiveness and challenges posed by such a facility.
Temporary Holding Facility Definition and costs
According to the National Institute of Corrections (2006), a temporary holding facility (THF) is defined as
a local facility which physically detains arrestees for a maximum of six hours for processing andor awaiting transportation. The THF may be a jail cell, but also may be an area that is designated for temporary holding purposes, e.g., holding area or room. (p. 2)
In the proposed temporary holding facility for the Pentagon Police Department, the location, costs, and design have to be taken into careful consideration. Additionally, training of police officers will also be crucial for the smooth, legal, and effective implementation of the proposed facility.
First, the location of the proposed facility is important so that the issues of safety, cost, and the amount of training will be optimally utilized. Second, the cost of construction for the proposed interim detention facility will be sourced out of Federal funds. Since the facility is in a Federal reservation, the expenditures of the facility will be sourced from the annual Congressional outlay for the Department of Defense. Third, the costs and requisites for training will be also considered and is anticipated to be greater than the labor costs. For purposes of training, the researcher proposes the development of training modules created to decrease expenditures that the department will incur for each individual officer. Instructors, bought in by the Pentagon Police, will be responsible for the training of every officer in the department on an initial basis, and perhaps can be extended to semi-annual to annual periods, or the instructors of the Pentagon Police can take over the semi- and annual training modules of the police officers after the initial training of the officers. The latter action will result in savings for the Department, as the need for outside training personnel will be done away with. Literature provided and sourced from other parallel agencies that also utilize interim holding facilities can provide insight to means that can be used in minimizing the expenses that will be incurred in the construction of the facility.
Construction, Protocol and Operating Procedures
The study proposes to use literature from various in order to conceptualize the planned interim detention facility for the Pentagon Police Department. Data that has been sourced from a reputable company that specializes in constructing interim detention facilities, Cisco-Eagle, offers enclosures built with wire mesh that is suitable for the Falcon Stone inspection facility. The companys products are utilized by a range of users, ranging from local, state and Federal law enforcement organizations even satisfying the needs of the American military, with the holding enclosures offering a temporary or even permanent incarceration solutions in the context of minimum detention needs. For the purpose of this proposal, it is determined that the enclosure applicable for the interim facility will be Ciscos HC-1288-S-R model which is eight feet high, same length, and twelve feet wide, incurring a total approximate cost of 2,500 (Cisco- Eagle, 2008).
Maureen F. Dollard, author of an article published in the Journal of Occupational Health Psychology, provides the data regarding stress issues that may occur in the deployment of the officers to the interim facility. In her article, Dollard provided the research information on studies done that displayed the links of particular work traits, psychological anxiety, and dissatisfaction on the part of the officers with the new task. The data from the journal will aid in the provision in training police officers to address with work related stress from the burdens of the job. In her opinion, Dollard stated that employees exposed to extreme isolation with the highest degree of exposure to the job displayed higher levels of strain than employees with less exposure doing the same task (Dollard, 1998).
Also important in the operation of the proposed interim detention facility are the protocols that police officers need to follow. Other police departments with similar conditions are discussed with regards to the instruction of the new duty to police officers. The ICE agency requires specific protocols for it to be involved with persons in detention or placed in interim custodial arrangements. The literature derived from ICE that discusses training and standard operating procedures (SOP) for the determination of dealing with interim incarceration facilities will be discussed in detail in the proposal. In the meeting, the details in the use of the training materials sourced from criminal justice organizations can aid in founding the new program of the police officers of the Pentagon Police Department.
To cite an example, law enforcement agencies of the Federal government like the United States Marshals agency, Immigration Service, Customs Bureau and the Prisons Bureau give expert knowledge and insight in training employees for deployment in handling felons and operating interim detention units. Apart from these agencies, the protocols used by these agencies have been sourced from the Personnel Management Office (OPM), which will also assist in explaining the basic requirements needed for the training of the police officers. For protocols related to the transport of detainees, literature will be sourced from the Policies and Procedures of the Suffolk Constabulary. To gain a better, and safer, handling of the detainees and their transport, additional literature from the Association of Police Officers, the Home Office by the National Center for Policing Excellence will be used.
The new policy of the Pentagon Police Departments transport can be grounded in part by the Suffolk Constabularys strict fidelity to the protocol. Also, proposed certifications in this field should be guided by the literature of this source. Research data derived from the regulations and protocols, and the standard operating system at the Pentagon reservation will form a significant part of the proposal. Analogous operating protocols used in the empirical review and study of the literature discovered in various law enforcement offices and correctional facilities that are akin to the literature here, will also be utilized in this proposal. For medical data, the information discussed here will be sourced from data used to aid the Pentagon Police Department define the standard operating protocols for handling persons in custody.
In the readings taken from the Treatment of the Detainees and Guard Procedures, from the Camp Duke Detainee Facility (2004), the protocols that police officers detailed at the Pentagon must follow with regards to the treatment of detainees are outlined. Instruction activities will be enforced of treating detainees with complete respect and dignity. For example, verbal, physical and mental malevolence is banned and will be added to the Pentagons new standard operating protocols. In the legal area, the right of the detainee must be taught to the police officers. The cost of the building is considered as a less expensive measure. This cost effectiveness in building the facility should be taken in the light of the millions that might be incurred if there were a crisis in the facility or the facilities existence can mitigate.
In some instances, Pentagon Police detain an individual for carrying a gun onto the facility, drunk driving, or in some cases, the person is apprehended in the course of a field interview and is found guilty of a prior misdemeanor. On these occasions, the facilities at the Pentagon reservation did not have sufficient or adequate facilities to temporarily house, process and question these individuals or to transport them. In one instance, an illegal immigrant was caught and incarcerated until the police at the Pentagon could remand the person to the Immigration and Customs agencies (ICE).
Traditionally, concurrent jurisdictions are handled by local and state law enforcement organizations. Again to cite an example, drivers caught driving under the influence of alcohol are detained by the Pentagon Police for a few hours then remanded to the local law enforcement agency for processing. ICE, in this case, is not present for the incident, only coming in the next day. In this immediate case, the resolution of the case, with the information at hand, must be addressed by the Installation Commander, the Site Commander of the Pentagon Police and the Assistant United States Attorney post haste. The management of the facility issued an order that the person be detained overnight at the Pentagon Reservation Facilities Vehicle Inspection Station, with the individual receiving his food allotment from a local store until the dining facility would be open the next day to serve breakfast. Medical notices were sent out to give medical attention if the situation warrants, and police officers were tasked to guard the individual. In this case, the erection of an interim facility is needed.
Both the local law enforcement authorities and the Pentagon Police share a harmonious working relationship along with good relations with the community near the facility. Majority of the incidents reported on the installation are managed by the community police. The immigration incident handled by the Pentagon Police Department and the ICE was the first in the long history of the facility, with the possibility that another incident like this will translate into a terror strike against the United States is not discussed in terms of possibility but of timing. If the person would need medical attention, that would notch another expenditure, along with the provision for food and sleeping quarters.
Readings from the United States Immigration Offices Detention and Removal office provides supportive insight in the creation of procedures for the operation of an interim detention installation at the Annex area of the Pentagon Police Department. Officers will be instructed on the protocols on responsibility with regards to their duties to the detained individual. In the data, the events of conflagration, evacuation of the structure and urgent medical situations, search of detainees and the log book for the holding area are discussed.
Legal Concerns
Clarification of legal issues for persons that will be incarcerated in this installation is one of the significant sought to be addressed at the meeting. Due process concerns, constitutional issues dealing with the fourth (search and seizures), sixth (the right of a person to a speedy trial and the right to confront witnesses), and fourteenth (rights of a citizen) amendments, all in regards to the incarceration of a person in the detention establishment will be discussed thoroughly until a clear understanding of the same has been arrived at, with the legal instruction for the officers to be done by the Pentagon Force Protection Agency or the Office of General Counsel. Apart from the legal concerns, medical issues are as significant when discussing legal concerns for the interim incarceration facility. In the past, medical assistance was provided by the Waynesboro Hospital, providing both the Pentagon and the Falcon Stone installation with urgent and emergency medical services.
Case law and constitutional viewpoints
Though there are numerous constitutional issues attendant in the establishment of temporary holding facilities, it is important to ground these premises in the solid ground of legal jurisprudence. This will effectively negate any actions and conduct to speculate on the grounds of the construction and operations of these facilities as they relate to the issues on the grounds of following the ambit of the constitutional provisions as enshrined in American fundamental law. Though these cases do not specifically mention the Pentagon facility at Falcon, they can serve as guides with standard operating procedures at temporary detention facilities to better guide personnel deployed to the facility.
There are legislative initiatives being deliberated in the halls of Congress that will create the mandate to build what is termed as national emergency centers that will be erected on the grounds of existing military bases. Though the wording of the bill, HR 645, is for provision of temporary housing for victims of natural calamities, the facilities can also be utilized for other needs as deemed appropriate by the Department of Homeland Security. In the light of the award to Kellogg, Brown and Root, the action of construction of these facilities and their legal implications must be addressed (Watson, 2009).
Bell v Wolfish (441 U.S. 520) Strip Searches and Sixth Amendment Rights
This case involved inmates of the Metropolitan Correctional Center (MCC) who were subjected to various restrictive practices, including strip and body cavity searches. These strips searchers were imposed on the detainees after having received visitors. In the opinion of the appellate court, which ruled for the legality of these practices, it was suggested that they do not violate the Sixth Amendment as it pertains to the right of individuals to searches and seizures within the premises of the temporary detention facility. The Court held that even though individuals still possess some constitutional rights, these cannot be made to fall under the rulings of limits and restraints in the daily operation of these facilities. The Court opined that in the exercise of the rights of the detainees and the need of the facility to regulate the operations of the facility, the two parties must have a conjoint accommodation as to the needs of the facility and the free exercise of the right by the individual (as cited in Wolff vs. McDonnell, 418 U.S. 539). This ruling is applicable to those guilty of criminal offenses as well (Open Jurist).
Jones vs. Edwards (770 F.2d 739) Strip Searches as a Violation of the Fourth Amendment
This case involved Jones, an animal owner, was accosted by police in his home for refusing to sign a citation for his dog that wandered in the neighborhood without a leash. After being arrested, Jones was bought in for processing and was subjected to a strip search while in police custody. Jones filed a case but lost, prompting him to elevate the case to the U.S. Court of Appeals (8th Circuit). In the ruling of the Court, though they recognized the need of detention centers to secure the physical safety of the facility, the Court ruled that the sweeping deprivation of the rights of the person under detention cannot be capriciously set aside.
In another case, Engeseth vs County of Isanti, 2007 U.S. Dist. LEXIS 78694, the accused was told to remove his clothes and to change into prison garb which were bought to his cell. As he changed into his clothes, police officers conducted a body cavity search on the plaintiff, and after which, instructed the accused to put on the prison clothes. In the Policy Manual of the Isanti County Jail, the person, if it is presumed that they will be detained for more than 6 hours, must be processed, detained and given prison clothes. In the provisions of the Manual, which was also used as basis for the ruling of the court, the strip search can only be conducted if the officers judged that there was reasonable suspicion that a person will smuggle illegal drugs or other contraband into the facility. The judge ruled that the officers failed to establish this reasonable suspicion in the conduct of the search, and that training lapses must be present if the officers conducted this action without logically establishing these criteria in the conduct of the search (Legal and Liability Risk Management Institute).
Korematsu vs. United States (323 U.S. 214) Rights of a citizen
Fred Korematsu sued the United States government after he was found guilty of violating Civilian Exclusion 34. Though Korematsu was of Japanese descent, he was still an American citizen, and ordered banished to temporary detention camps. The court, with Justice Black rendering the majority opinion, though the court sympathizes with the suffering of Korematsu and other Japanese nationals, the times that the order was enacted must take precedence over the needs of the few. But the dissenters, among them Justice Murphy, averred that the order was nothing more than a punishment on people who would contest their temporary detention solely based on requirements of the government that was deemed necessarily (University of Missouri-Kansas City School of Law).
Approach and Methodology in the Study
This section addresses the methodology and research design aspects of this study.
Research Design
This paper will utilize the qualitative tradition in pursuing this study. Specifically, it will use the descriptive case study research design to determine the feasibility of constructing a temporary holding facility in the Pentagon Reservation. The case study methodology is suitable in studies which require a comprehensive investigation (Yin, 2003). Moreover, through a case study methodology, different viewpoints of stakeholders on the construction of an interim detention facility will be derived and triangulated with other data sources. For the purpose of this study, a single-case descriptive design will be implemented single-case because the unit of analysis for this study will be the proposed temporary holding facility (THF) in the Pentagon Reservation and descriptive because the aim of the study is to describe the existing viewpoints of stakeholders on the feasibility of constructing such a facility.
Sample
The target population for this study consists of various stakeholders who will most likely be impacted by the proposed construction of the temporary holding facility. Sampling will be purposive and limited to key informants who will be capable of providing meaningful insight in the field of 1) Logistics 2) Design and 3) Training.
Moreover, a survey questionnaire will be distributed to officers of the Pentagon Police Department in order to examine their views on the necessity and feasibility of an interim detention facility. In addition, they will also be asked to evaluate training methods required in order to effectively operate the proposed Temporary Holding Facility. An initial ten (10) respondents will be targeted and selected for this purpose.
Interviews will be conducted among decision-makers and command personnel such as Lieutenants, Supervisors, and Sergeants who can provide input and insight on logistics and provide assessment on design, location, and oversight on unused resources that may be required to construct the installation. Prospective resource persons to be tapped for this purpose include
Major Tom Gerard, Site Commander for the Pentagon Police Department
Mr. David Simpson, FPES (Fire, Police and Emergency Services Director)
Lt. Johnny Brown, Pentagon Police Training Director.
Instruments
Two primary instruments will be used by the study. The first instrument is a survey questionnaire to be distributed to selected officers of the Pentagon Police to evaluate the need for a temporary holding facility and to assess the training needed for the operation of the proposed facility. The second instrument is a semi-structured interview guide which aims to evaluate the logistics and design of the proposed facility. Secondary data sources such as legal documents, research studies, and other artifacts will also be gathered to triangulate primary data.
Data Gathering Procedure
Before data gathering can commence, permission will first be secured from the Pentagon Protection Agency. Moreover, the signatures of the PPDs, director, site commander and training manager will be needed for the conduct of this activity.
This study follows the design protocol advanced by Yin (2003) on conducting the case study which divides it into three phases 1) Preparing for data collection 2) distributing questionnaires 3) Conducting interviews.
Preparing for data collection
Before collecting data required for the completion of this study, instruments to be used such as survey questionnaires and semi-structure interview guides will be developed by the researcher. These instruments will be evaluated for content validity by independent experts.
Distributing questionnaires
After the instruments have been validated, the questionnaires will be administered to selected officers of the Pentagon Police. The surveys are aimed to generate their assessments on the need for an interim detention facility and on training needed for the effective and smooth operation and conduct of officers manning the proposed temporary holding facility.
Conducting interviews
Interviews will be conducted among key informants particularly command personnel and administrators who are knowledgeable in design and logistics. The interviews will be audiotaped using digital tape recorders and the responses transcribed within 2 days after the interview is completed. Their responses will answer whether there is a need for the construction of a THF as well as the feasibility of such a proposal to be implemented in the Pentagon Reservation.
Implications for Research
There is a need to address the ethical implications of respondents participation in the study. In compliance with the NEC Policy on Participation of Others in Research, this study proposes a clear design to resolve privacy and confidentiality issues. First, there will be an informed consent form which will describe in detail a) the purposes of the study b) the statement that participation is entirely voluntary c) that respondents can withdraw at any moment they feel uncomfortable with their participation d) procedures on handling of audiotaped interviews and data obtained. An informed consent form will be distributed to the respondents and only with the respondents approval can participation be eligible. Second, codes will be used instead of formal names in order to protect the identity of participants. Third, data obtained from audiotaped conversations will be sealed in a secure room which will be padlocked once they are fully transcribed. Audiocassettes will be destroyed after the study is complete.
Project Limitations
The researcher anticipates limitations on time and availability of targeted key informants. First, the study is limited by the seven-week time frame allotted for the Capstone Course. Second, there is also the concern on the availability of participants which are targeted for interviews. Given their position and responsibilities in the Pentagon, the researcher anticipates that some of the participants may decline to participate hence, adjustments will have to be made in order to find interviewees who can provide meaningful insight to the study.
Project Timeline
This Capstone project is estimated to run for seven weeks throughout the duration of the Capstone course. On Week 1, the researcher will devote to pre-proposal planning and literature review research. On Weeks 2-3, the researcher will finalize the topic, the design, and complete the proposal with the approval of professors. On Weeks 4-5, data gathering will proceed. On Weeks 5-6, data obtained will be analyzed and an initial write-up of the results will be produced. On Week 7, revisions will be made and the final copy of the study will be submitted.
Table 1. Project Timeline
StepsWeek1234567Pre-proposal planningConducting literature reviewFinalizing topicConceptualizing designFinalizing proposalData gathering
Data analysisWrite-up
Revisions Submission
Conclusion
At its initial stage, the proposal seeks to explain the present sentiments of the Pentagon Police Department with regards to the absence or lack of a need to erect an interim detention facility. This study works under the thesis that a Temporary Holding Facility is necessary and beneficial to ensure the physical security of the Pentagon Reservation. To support this thesis, a qualitative study involving case study research methodology will be undertaken. Interviews and questionnaires will be used in order to gather data needed to answer the studys main research problem. Secondary data sources such as manuals, legal documents, briefs, and research studies will also be gathered for triangulation purposes. Ethical considerations will be of utmost concern and provisions for confidentiality and privacy will be ensured.
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