ICE Detention Standards Compliance Audit - Bexar County, GEO Central Texas Detention Facility, San Antonio, TX, ICE, 2007
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• _rS. .ffice afDetention and Removal Operations Department of Homeland Security 4'25 I Street, NW Washington, DC 20536 u.s. Immigration and Customs Enforcement September 26, 2007 MEMORANDUM FOR: FROM: John P. Torres Director Office of Detention and Removal b6,b7c Immigration Enfo Reviewer in Charge SUBJECT: b6,b7c Agent GEO Bexar County Annual Detention Review The San Antonio Field Office, Office of Detention and Removal conducted a detention review of the GEO Bexar County facility on September 24, 2007 - September 26, 2007. This review was b6,b7c b6,b7c , IEA, Reviewer-in-Charge (RIC), and lEA, Team conducted by Member. This facility is used for detainees requiring housing over 72 hours. Type of Review: This review is a scheduled Operational Review to determine general compliance with established Immigration and Customs Enforcement (ICE) National Detention Standards. The facility has been in use by ICE since1983 Review Summary: Overall the review of the GEO Bexar County facility was very pleasant. Warden b6,b7c and Asst. Warden b6,b7c were open for suggestions and recommendations for improving daily operations and the compliance of ICE Detention Standards. Review Findings: The following information summarizes those standards not in compliance. Each standard is identified and a short summary provided regarding standards or procedures not currently in compliance. Compliant Deficient ~t-Ris){ Non-~pplicable - 36 0 0 2 - Subject: Detention Rev_ Summary Report Page 2 ,. -------- ---------------------------------, • Standards Summary Findings: Strip searches are being conducted on every detainee that arrives at GEO Bexar County as routine policy. There is no "reasonable suspicion" being used to warrant the strip search. Incoming mail and other correspondence for the detainees is not being opened in front of the detainee. It is opened and inspected prior to the detainee receiving it. The detainee handbook needs updates addressing ICE detainees. It is written more towards US Marshal inmates. The food service menu is a 28 day cycle and there is no common fare menu. It is suggested that a 35 day menu and a 14 day common fare menu be implemented. Currently, there are only two menus, the common menu and a vegetarian menu. Concerning NGO's providing legal presentations at the facility, it is recommended that documentation from ICE approving the presentation be kept on file at the facility. Currently, NGO Political Asylum Project of Austin visits the facility and no documentation could be produced as to the NGO having ICE approval. With regards to Key and Lock Control, there was no inventory available for spare keys found in the lock shop. It is recommended that all keys, including spare keys, be included in the daily inventory. No Post Orders were found in the key shop and maintenance room. RIC Observations: Facility Staff: The Staffwas efficient with policies and procedures in regards to each and every post. The staff acted in a very polite and professional manner during the inspection. During the inspection of the living quarters, detainees reported that there were no complaints in regards to the facility or staff. RIC Issues and Concerns Upon inspection of the Admission and Release process, it was detennined that all detainees are being strip searched upon arrival as routine policy, regardless of the classification level of the detainee. There was no indication that this was going to be an immediate change to meet ICE standards. Inventories of the spare keys in the lock shop were not being conducted. It is not possible to detennine ifkeys are missing without an inventory. Subject: Detention Rev_ Summary Report .., Page 3 Recommended Rating and Justification: It is the Reviewer in Charge recommendation that the facility receive a rating of "Acceptable.". The facility seems eager to make progress for full implementation of the ICE Detention Standards. The facility now complies with 36 of 36 standards, with 2 that were "Not Applicable." RIC Assurance Statement: All findings ofthis review have been documented on Form G-324A and are supported by the written documentation contained in the review file. II Detention Facility Inspection Form Facilities Used Over 72 hours Department Of Homeland Security Immigration and Customs Enforcement A. T D D ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement ~ B. Current Ins ection Type of Inspection ~ Field Office D HQ Ins ection Date[s] of Facility Review S tember 24-26, 2007 C. PreviouslMost Recent Facilit Review Date[s] of Last Facility Review 09/05106 Previous Rating D Su erior ~ Good D Acceptable 0 Deficient D At-Risk D. Name and Location of Facilit Name Bexar Coun GEO Central Texas Detention Facili Address (Street and Name) 218 South Laredo Street City, State and Zip Code San Antonio, TX 78207 County Bexar Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) Warde b6,b7c Telephone # (Include Area Code) 210 b6,b7c Field Office / Sub-Office (List Office with oversight responsibilities) SNA Field Office Distance from Field Office 15 Miles E. ICE Information spector (Last Name, Title and Duty Station) b6,b7c 1 lEA 1 SNA-Willac Name of Team Member 1Title 1Duty Location lEA 1 SNA-Hutto b6,b7c Name of Team Member 1 Title 1 Duty Location 1 1 Name of Team Member 1 Title / Duty Location 1 1 F. Contract Number Date of Contract or IGSA May 27,1993 IGSAOL593-6088 Basic Rates per Man-Day $47.27 Other Charges: (If None, Indicate N/A) N/A; Estimated Man-days Per Year 365 G. Accreditation Certificates List all State or National Accreditation[s] received: Texas Commission on Jail Standards D Check box if facility has no accreditation[s] H. Problems 1 Complaints (Copies must be attached) The Facility is under Court Order or Class Action Finding D Class Action Order D Court Order The Facility has Significant Litigation Pending D Major Litigation D Life/Safety Issues ~ Check if None. I. Facility Historv Date Built 1962 Date Last Remodeled or Upgraded July, 2007 Date New Construction 1Bedspace Added 3C Far East 12 beds added Future Construction Planned D Yes ~ No Date: Current Bedspace Future Bedspace (# New Beds only) 674+9 Medical Number: 0 Date: 0 I J. Total Facility Population Total Facility Intake for previous 12 months 3010 Total ICE Mandays for Previous 12 months 24080 K. Classification Level (ICE SPCs and CDFs Only) L-1 L-2 L-3 I AdultMale 64 31 19 I Adult Female 43 5 0 . F aCIT ItyC apacity Rated Operational Emergency Adult Male 528 5 Adult Female 147 4 D Facility holds Juveniles Offenders 16 and older as Adults L .. ' opuIatlOn M Average D al'1y P ICE I AdultMale 105 I Adult Female 35 N. Facility Staffing Level I b2High USMS 468 52 Other 3 0 port: Form G-324A SIS (Rev. 7/9/07) r---------------------------------- • • Significant Incident Summary Worksheet For ICE to complete its review of your facility, the following information must be completed prior to the scheduled review dates. The information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained population. This form should be filled out by the facility prior to the start of any inspection. Failure to complete this section will result in a delay in processing this report and the possible reduction or removal ofICE' detainees at your facility. 0 Assault: Offenders on Offenders! 0 o o o 0 o o o 0 o o o 0 o o o 0 o o o 0 o o o 0 o o o 0 o o o 0 o o o 0 o Restraints applied/used 0 o o o Offender / Detainee Medical Referrals as a result of sustained. 0 o o o 0 o o o 0 o o o 63 70 43 o 2 3 2 o 0 o o o 0 o o o With Without Assault: Detainee on Staff Number of Forced Moves, inc!. Forced Cell moves3 # Times FourlFive Point o Escapes Grievances: Deaths Psychiatric / Medical Referrals o # Medical Cases referred for Outside Care # Psychiatric Cases referred for Outside Care 0 o o o Any attempted physical contact or physical contact that involves two or more offenders Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting Routine transportation of detainees/offenders is not considered "forced" Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations, major fires, or other large scale incidents. Form G-324A SIS (Rev. 7/9/07) • 5. 6. 7. 8. 9. 10; 11. 12. 13. 14. 15. 16. Admission and Release Classification System Correspondence and Other Mail Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Marriage Requests Non-Medical Emergency Escorted Trip Recreation Religious Practices V Work Prnor"·n1 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Contraband Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Post Orders Security Inspections Special Management Units (Administrative Segregation) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force Staff / Detainee Communication (Added August 2003) Detainee Transfer (Added September 2004) • findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet compliance. Form G-324A SIS (Rev. 7/9/07) RIC Review Assurance Statement By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate controls contained in the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, fmdings of noteworthy accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating in accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the deficiencies noted in the report. Signature Reviewer-In-Charge: (Print Name) b6,b7c b6,b7c Title & Duty Location lEA, Raymondville, Texas September 26,2007 T~lun ~embers Print Name, Title, & Duty Location b6,b7c lEA, Taylor, T Print Name, Title, & Duty Location b6,b7c Print Name, Title, & Duty Location Recommended Rating: Print Name, Title, & Duty Location D Superior DGood IZI Acceptable D Deficient D At-Risk b6,b7c Comments: I, , Reviewer in Charge ofGEO Bexar County (Central Texas Detention Facility) summarize the inspection with the following information: The GEO-Bexar County appears to be a well maintained and equipped facility, though the building shows signes of age. Plans of remolding are in place to improve the building. A full time doctor is on staff and the medical facility appears to be suffcient. A dentist visits the facility once a week. Strip searches are being conducted of every ICE detainee that arrives at the facility. This should be addressed to follow the National Detention Standards as per ICE policy requiring "reasonable suspicion" to warrant the search. Concerning Correspondence and Other Mail, incoming mail is not opened in front of the detainees. It is opened and inspected prior to being given to the detainee. It should be opened in front of the detainee to avoid any discrepancies. Also, detainees are not allowed to receive cash through the mail. It is recommended that this be changed. Concerning the Detainee Handbook standard, the handbook needs updates addressing ICE detainees. Under the Food Service standard, it is recommended that a 35 day menu and 14 day common fare menu be implemented. Currently, GEO uses a 28 day menu as per GEO policy. There are only two diets, the regular menu and a vegetarian diet. I recommend that documentation be kept at the facility indicating that NGO's have been approved by ICE and that presentations are meeting the Group Legal Rights Presentations standards of the ICE National Detention Standards. Form G-324A SIS (Rev. 7/9/07) Concerning the Key and Lock Control standard, no inventory was found for spare keys in the lock shop. It is recommended that all keys including spare keys be included in the daily inventory. With regard to the Post Order standard, it was found that the key shop and the maintenance room had no post orders. according to the National Detention Standards, all fixed posts are required to have post orders. Overall, the jail is acceptable. Warden inmate within their facility are being met. b6,b7c and Asst. Warden b6,b7c are proactive on ensuring the needs and rights of every Form G-324A SIS (Rev. 7/9/07) HEADQUARTERS EXECUTIVE REVIEW I Review Authority The signature below constitutes review of this report and acceptance by the Review Authority. OICICEO will have 30 days from receipt of this report to respond to all findings and recommendations. (1\ \ HQDRO EXECUTIVE REVIEw: (Please Print Name) Signature John P. Torres Date Title Director Final Rating: / (M~)J , ~y 1'1- t; frO') D Superior DGood D Acceptable 1ZI Deficient D At-Risk DNoRating Comments: The Review Authority has downgraded the RIC recommended rating of "Acceptable" to "Deficient". A plan of action is required for the following: Visitation--Policy requires personal items to be sent in the mail & no option for non-contact for legal visit (strip searches) Admission and Release--Strip searches on all incoming detainees Correspondence and Other Mail--All detainee mail opened without detainee present Funds and personal property receipts--No audits and and no abandoned property procedure Detention Files--Receipt signatures missing/receipts improperly completed Disciplinary Policy--Confidential informant information Key and lock control--Spare key inventory Post Orders--Key shop and maintenance Security Inspections--No alarm tests Form G-324A (Rev. 8/1/01) No Prior Version May Be Used After 12/31/01