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ICE Detention Standards Compliance Audit - Culberson County Jail, Van Horn, TX, ICE, 2007

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•

a~epartment

ofDetention and Removal Operations
of Homeland Security
425 I Street, NW
Washington, DC 20536

u.s. Immigration

and Customs
Enforcement
August 20, 2007

MEMORANDUM FOR:

John P. Torres
Director
Office of Detention and Removal

FROM:

C

b6,b7c

EI Paso Detention and Removal Operations
SUBJECT:

Culberson County Jail Annual Detention Review

The EI Paso Field Office, Office of Detention and Removal conducted a detention review of the
Culberson County Jail on August 13,2007. This review was conducted by
,
b6,b7c
I
ement
Reviewer-In-Charge and was assisted by Team Member
b6,b7c
ing less than 72 hours.
Agent, EI Paso District. This facility is used for detaine

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 last review of this
facility was on December 19,2005.
Review Summary:
The facility was last inspected by the State of Texas on July 23,2007 and received an acceptable
rating by the State Commission on Jail 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
J\t-Ris}{
Non-J\pplicable -

25
03
0
0

Subject: Annual Detentio.view Report
Page 2

•

Standards Summary Findings:
Food Service-Deficient:
• Detainees have access to knife cabinet.
• Observed (trustee) detainee securing cabinet.
During the closing review, the Sheriff and the Jail Administrator were notified regarding the
seriousness of the above deficiencies. They determined that change would be immediate and ensured
that policy and procedures would be followed.
Environmental Health and Safety-Deficient:
• No Material Safety Data Sheets (MSDS) at hand, unable to view.
• MSDS are not readily accessible to staff or detainees in the work area.
• Some smoke detectors are not operating properly.
• All fire extinguishers are not initialed or inspected monthly.

During the closing review, the Sheriff and the Jail Administrator informed the review team that all
MSDS are located in the local hospital 4-6 blocks away if needed. We advise them that MSDS need
to be placed wherever they have chemicals stored or handled by staff or detainees. We addressed the
discrepancies with the smoke detectors and the fire extinguishers with the sheriff. They indicated
they utilize the hospital Health and Safety Officer and/or the Fire Marshall for any issues that arise
in the facility including inspections.
Security Inspections-Deficient:
• Observed detainee in the control center and dispatcher area.
• Facility does not maintain a log for incoming or departing vehicles.
• Staff does not conduct search of each vehicles entering or leaving the facility.

During the closing review, the Sheriff and the Jail Administrator were notified regarding the above
deficiencies. They informed us they were performing their daily sanitation and there is always staff
present. The team informed the Sheriff the accountability issues with not maintaining a log for the
vehicle traffic that enters and exits the facility. They replied by stating the premises is completely
open parking.
RIC Observations:
Staff: The employees perform several duties to include officer, dispatcher, cook, etc. Staff did
exhibit confidence and courtesy throughout the review. Staffwas questioned at length regarding day
to day operations. The team observed that the facility operated very complacently.
Best Practice: The facility is exceptionally clean for being 43 years old.
RIC Issues and Concerns:
The overwhelming complacency with staff has led to detainees having access to the knife cabinet.
The facility needs to post the Material Safety Data Sheets at the facility. The functionality ofthe
smoke detectors and the fire extinguisher monthly inspections needs to be addressed.
Recommended Rating and Justification:

Subject: Annual Detentioeview Report
Page 3

•

It is the Reviewer in Charge recommendation that the facility receive a rating of "Deficient". It is
the recommendation of the RIC that a plan of action is required for this facility.
Several suggestions were discussed after the review with a great acceptance. At the time of the
review, there were no ICE detainees housed in the facility. The Sheriff and Jail Administrator were
very supportive of any changes that will enable them to be in compliance with National Detention
Standards.
RIC Assurance Statement:
All findings of this review have been documented on Form G-324B and are supported by the written
documentation contained in the review file.

•

•

HEADQUARTERS EXECUTIVE REVIEW

I Review Authority
The signature below constitutes review of this report and acceptance by the Review Authority. OIC/CEO will have 30 days from
receipt of this report to respond to all findings and recommendations.
HQDRO EXECUTIVE REVIEW: (Please Print Name)

John P. Torres
Title

&

Director

Final Rating:

Comments:

D Acceptable
L8J Deficient
D At-Risk
The Review Authority agrees with the recommended rating of "Deficient". A Plan of Action is needed
to correct the deficiencies noted with the Food Service, Environmental Health and Safety, and Security
Inspection standards.

Form G-324A (Rev. 8/1101) No Prior Version May Be Used After 12/31101

•

Department Of Homeland Security
•
Immigration and Customs Enforcement

e of Facility Reviewed
ICE Intergovernmental Service Agreement
ICE Staging Facility (12 to 72 hours)

B. Current Facility Review
Type of Facility Review
[8J Field Office 0 HQ Review
Date[ s] of Facility
08113/2007

12/1912005

Previous Rating
[8J Acceptable 0 Deficient

0

At-Risk

D. Name and Location of Facility
Name
Culberson County Jail
Address (Street and Name)
301 La Caverna
City, State and Zip Code
VanHorn, TX 79855
County
Culberson
Name and Title of Chief Executive Officer (Warden/OIC/Superintendent)
Sheriff Oscar E. Carrillo
Tele
clude Area Code)
(432)

G. Accreditation Certificates
List all State or National Accreditation[s] received:
Texas Jail Commission / Passed
Check box if facility has no accreditation[s]

o

.
(Copies must be attached)
H P ro blems IC omp Iamts
The Facility is under Court Order or Class Action Finding
Class Action Order
Court Order
The Facility has Significant Litigation Pending
Major Litigation
Life/Safety Issues
[8J Check if None.

o
o

o
o

C. PreviouslMost Recent Facility Review
Date[s] of Last Facility Review

b6,b7c

Field Office / Sub·Office (List Office with oversight responsibilities)
EIPaso
Distance from Field Office
120 miles

Detention Facility Inspection Form
Facilities Used Under 72 hours

1 FaCllty
T H·Istory
Date Built
1964
Date Last Remodeled or Upgraded
2006
Date New Construction / Bedspace Added

Future Construction Planned
DYes [8J No Date:
Current Bedspace
Future Bedspace (# New Beds only)
Number:
Date:
17

I

J. Total Facility Population
Total Facility Intake for previous 12 months
350
Total ICE Mandays for Previous 12 months
54
K

E. ICE Information
Reviewer In Charge (Last, Title and Duty Station)
b6,b7c
/ SIEA / El Paso, TX
Name of Team Member / Title / Duty Location
/ IEA / El Paso, TX
b6,b7c
Name of Team Member / Title / Duty Location
/

/

Name of Team Member / Title / Duty Location
/
/
F. CDFIIGSA Information Only
Contract Number
Date of Contract or IGSA
unknown
809342
Basic Rates per Man-Day
$37.19
Other Charges: (If None, Indicate N/ A)
,
,
,
Estimated Man-days Per Year
800

I

Classification Level (ICE SPCs and CDFs Only)
L-2
L-l
L-3
I Adult Male
n/a
n/a
n/a
I Adult Female
n/a
n/a
n/a

.

aCllty
F
T C apaclty
Operational
Emergency
Rated
Adult Male
17
Adult Female
D Facility holds Juveniles Offenders 16 and older as Adults

L

M A verage Daily Population
ICE
I Adult Male
1
I Adult Female
1

USMS

0
0

Other
11
1

N. Facility Staffing Level

rt:
b2High

Form G-324B SIS (Rev. 7/9/07)

•

•

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. 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.

0
Assault:
Offenders on
Offenders l

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Restraints applied/used

0

0

Offender / Detainee Medical
Referrals as a result of injuries
sustained.

0

0

0

0

0

0

0

0

0

0

0

0

0

0

# Medical Cases referred for

0

0

Outside Care
# Psychiatric Cases referred for
Outside Care

0

0

Assault:
Detainee on
Staff

Number of Forced Moves, inc!.
Forced Cell moves 3

# Times Four/Five Point

Escapes
Actual
Grievances:
# Received
# Resolved in favor of

Deaths

Psychiatric / Medical Referrals

Offender/Detainee
Reason (V=Violent, I=Illness,
S=Suicide, A=Attempted

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-324B SIS (Rev. 7/9/07)

10/11/Z0e7

CULBERSON

12:47

SHERIFF~

PAGE

SIc_caN '-!dept SummItt' Wor!llbUl
For teE 10 cornpletl) \11' Ro!\lICh" of )lour facilit)" the f(>11owin/i informatIon mUit b¢ COmpllJlecl prior 10 lhe sct.aluled leview
dates, The "'lbr~(jrut (0:1 :tIi. forl'l should com.1in d.'\Ia for (be pas! twc:h"c month. iA ~ne boxes provided, The information on
Ih~ fattr. is \laed In ~On!Ul1clion witll lite ICE de1c:l1Iioo 5talnd:Jfd~ '0 IU!ll!~sillll YOIll' de1c:nlion O)JCl'lltion&. This tarm i/loLild b6
filh:d .,111 by the facilily prior to \hlli SlaI1 of IIny inspection. I"lliJU)T ttl oomplete Clis $eCtiOIl will f-"\I1, tn a delllY in pmce$~in8
tl;j~

report.

A~ulllt:

OrtVnolets on
Offeadm'

Manu!;:
Octainuon

Staff

o

o

'"" ftl'rmpl«l pI1)siC,1i CllIIlaol Cl p"""i,~J <....Iaa Ihl "1'/>1"," .~ crt _
"ffee'"
Orol. alGI (Ir Yo'lin., 1IOT..\T~liooJ arullrmpwd pcRIIr.lliOlt I~'o"'n ••11.aJl2 par1i<eJ. """I!Itt It K CGIIIft!illlI or _.c.,.&cftlint
Rg~lino 'r.JII<IIX'nl,hll) or<ltlllf.ftSkoffcn..", i, ftOi ;llIIfj4;:r.-.I "f,.'JI..."d"'
A.y illl;i_thal i~volvr5 fOllr or mort del:llnCliM~~~ ';K""'c~1 ,anllii"ll, orpnized ~JUjplt hut~er strike .. "'ark Wlp""~et, fto!\:\ge $III,olio...
majo. ~rcs. 01" (.mt< IOfi!"
it.ckl«",.

It"',

J'otm 0-124S SIS (Rev _119/fJ1'

gtreS-9S2-sts

---_ _---..

d3.:t OtiO 3:> I

.SHa

02

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Classification System
Detainee Handbook
Food.··@'f
Funds and Personal Property
Detainee Grievance Procedures
Issuance and Exchange of Clothing, Bedding, and Towels

Detention Files
Disciplinary Policy
Emergency Plans
En_"~lHealth and Safety
Hold Rooms in Detention Facilities
Key and Lock Control
Population Counts
Security ~tjt~1»
Special Management Units (Administrative Segregation)
Special Management Units (Disciplinary Segregation)
Tool Control
Transportation (Land management)
Use of Force
Staff / Detainee Communication
Detainee Transfer

Form G-324B SIS (Rev. 7/9/07)

•

RIC Review Assurance Statement

•

-------------,----------------------------------------------------------------------

I

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, findings 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.
Sign

Reviewer-In-Charge: (Print Name)

b6,b7c

b6,b7c

Date

SIEA, EI Paso, Texas

August 20, 2007

ITeam Members
Print Name, Title, & Duty Location
b6,b7c

Print Name, Title, & Duty Location

lEA, EI Paso, Texas

Print Name, Title, & Duty Location

RIC Rating Recommendation:

Print Name, Title, & Duty Location

D Acceptable

IZI Deficient

D At-Risk
Comments:

Form G-324B SIS (Rev. 7/9/07)

MANAGEMENT REVIEW

•

•

----------- ----------------------_.._-_._------------_.
IReview Authority
The signature below constitutes review of this report and acceptance by the Review Authority. FOD/OIC/CEO will have 30
days from receipt of this report to respond to all findings and recommendations.
HQDRO MANAGEMENT REVIEW: (Print Name)

Signature

Title

Date

Final Rating:

D Acceptable

D Deficient
D At-Risk

Comments:

Form G-324B SIS (Rev. 7/9/07)