ICE Detention Standards
Compliance Review
EI Paso Service Processing Center
September 17-20,2007
REPORT DATE - September 21,2007

reative
corrections

Contract Number: ODT-6-D-0001
Order Number: HSCEOP-07-F-01016
b6

Executive Vice President
Creative Corrections
6415 Calder, Suite B
Beaumont, TX 77706

b6
COTR
U.S. Immigration and Customs Enforcement
Detention Standards Compliance Unit
801 I Street NW
Washington, DC 20536

6415 Calder, Suite B • Beaumont, Texas 77706
409.866.9920 • www.correctionalexperts.com
Making a Difference!

September 21, 2007
MEMORANDUM FOR:

John P. Torres, Director
Office of Detention and Removal

~.
Reviewer-In-Charge \bV"-

FROM:

b6,b7c

b6,b7c

Creative Corrections
EI Paso Special Processing Center
Annual Detention Review

SUBJECT:

Creative Corrections conducted a detention review of the EI Paso Special Processing Center, EI
Paso, Texas on September 17-20,2007. The facility is a Special Processing Center (SPC). The
facility exclusively houses Immigration and Customs Enforcement (ICE) detainees involved in
immigration proceedings. As noted on the attached documents, my team of Subject Matter
SME for Health
Experts (SME) included
, SME for Security;
b6
b6,b7c
b6
b6,b7c
Services;
, SME for Safety; and
SME for Food Services.
b6,b7c
On September 20, 2007, the review team met with the Officer-In-Charge (OIC),
and her staff to discuss the deficiencies, issues, and concerns identified during the review. The
OIC was receptive to the findings and recommendations of the review team.

Type of Review:

This review is a scheduled Detention Standard Review to determine general compliance with
established Immigration and Customs Enforcement (ICE) National Detention Standards. The
last review of this facility was conducted on March 13,2007.
Review Summary:

The facility received accreditation by the American Correctional Association (ACA) in 2007.
The current National Commission on Correctional Health Care (NCCHC) accreditation expires
on in 2007. In addition, the Joint Commission on Accreditation of Healthcare Organizations
(JCAHO) accredited the facility in 2005.
Standards Compliance:
The following information summarizes the standards reviewed and the overall compliance for
this review. The following statistical information outlined provides a direct comparison of the
2006 Annual Detention Review (ADR) and the ADR conducted for 2007.

FOR OFFICI

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

MENT SENSITIVE)

-

------------------

Detainee Security Inspections - Deficient
All facilities shall have policies and procedures to ensure that effective controls are in place to
monitor all vehicles that enter the secure perimeter of the facility.
In SPCs/CDFs: The main-gate/front-entrance officer will search the vehicle before it enters or
leaves the facility, both to prevent the introduction/removal of contraband and to prevent the
vehicle's use asa means of escape. All drivers making deliveries must submit to questioning about
firearms, munitions, knives, ropes, jacks, narcotics, and other items considered contraband (see the
"Contraband" Standard).
The facility employee responsible for vehicle oversight will, as escort: walk behind the vehicle;
directly supervise loading imd unloading; retain the ignition keys, never leaving them in the vehicle;
and close windows, lock doors and trunks, secure tool boxes, ladders, etc., before leaVing the vehicle
unattended.
Before the exit gate, the driver will stop at the spot designated. The gate operator will not allow the
vehicle to depart until satisfied that neither the driver nor the escorting officer is under duress. With
that established, officers will again search the vehicle. If a thorough search is impossible, the vehicle
will be unloaded or held pending completion ofthe next official count. Ifthe vehicle or vehicular
equipment must remain inside the compound overnight, staffwill render it inoperable. If the post
officer has doubts about a person's identity, he/she will not permit the person to exit, pending
positive identification.
•

The local policy for security inspections does not address procedures for reporting weak
spots, inconsistencies, and other areas needing improvement.

•

Not all vehicles entering and leaving the facility are monitored by an Officer.

•

The vehicle log at the vehicle entrance does not record vehicle contents or the name of the
employee responsible for the vehicle during the facility visit. Vehicle information is not
consistently recorded.

•

Not all vehicles entering the facility are thoroughly searched prior to entering and departing.

•

Tools entering the secure perimeter through the vehicle entrance are not inventoried.

Recommendations
•

The local policy for security inspections must be revised to address procedures for reporting
weak spots, inconsistencies, and other areas needing improvement.

•

All vehicles entering and leaving the facility must be constantly monitored by an Officer.

•

The vehicle log at the vehicle entrance must be revised to record vehicle contents and the
name of the employee responsible for the vehicle during the facility visit.

•

Vehicle information must be consistently recorded.

--

--------------------

•

All vehicles entering the facility must be thoroughly searched prior to entering and departing
by the Vehicle Entrance Officer.

•

Tools entering the secure perimeter through the vehicle entrance must always be inventoried.

Detainee Grievances - Deficient
The Detainee Grievance Committee (DGC) will convene to study the grievance within five working
days of the detainee's "appeal." In an SPC facility, the Assistant Officer-In-Charge (AOIC) will
chair the DGC, to include two department heads or their representatives. There has not been
adequate documentation and oversight ofthe Grievance Program. The Grievance Log is incomplete
and there were no formal grievances recorded for calendar year, 2007.
In SPCs/CDFs, staffwill assign each grievance a log number; enter it in the space provided on the
Detainee Grievance Form, and record it in the Detainee Grievance Log. The log entry number and
the detainee grievance number must match. Documentation will include the receipt date of the
grievance and the date and disposition of the grievance. Staffwill enter grievances into the Detainee
Grievance Log in chronological order. Nuisance or petty grievances and grievances rejected on
procedural grounds, e.g., filed after the deadline, must also be entered into the grievance log with the
appropriate notation, e.g., "late."
•
•
•
•
•
•

Staff should ensure detainees may seek help from other detainees or facility staff when
. preparing a grievance.
Staff should ensure illiterate, disabled, or non-English-speaking detainees receive special
assistance when necessary.
Every member of the staff should be trained to identify emergency grievances, including the
procedures for verifying them.
Procedures should include maintaining a Detainee Grievance Log. Ifnot, an alternative
acceptable record keeping system is maintained.
"Nuisance complaints" should be identified in the records.
For quality control purposes, staff should document nuisance complaints received but not
filed.

Recommendations
•
•
•
•
•

The OIC must ensure detainees may seek help from other detainees or facility staffwhen
.
.
preparmg a grIevance.
The OIC should ensure that illiterate, disabled, or non-English-speaking detainees receive
special assistance when necessary.
Every member ofthe staff should be trained to identify emergency grievances, including the
procedures for verifying them and the importance of the Grievance Program.
Procedures should include maintaining a Detainee Grievance Log.
"Nuisance complaints" should be identified in the records and documented in the log.

Staff Detainee Communications - Deficient:
A system of control must be developed and implemented to ensure written requests to ICE staff are
answered within 72 hours.
•
•

Deportation assignments are posted in the units but visits are made on a random basis.
ICE staff logs do not reflect compliance with the requirement for a 72-hour response time for
a detainee request.

Recommendation
•
•

Deportation Officer Rounds must occur daily in accordance with the posted schedule.
A system of control must be developed to ensure written requests to ICE staff are answered
within 72 hours.

RIC Issues and Concerns:

Locking Systems
Unauthorized locks are in use in the following areas: Housing Units, Processing Unit, Special
Management Unit, and Hospital. These locks are not in compliance with the Occupational Safety
and Environmental Health Manua~ Chapter 3, or the National Fire Protection Association Life
Safety Code 101. Only dead bolt or dead lock function locks may be used in detainee accessible
areas.
Hold Cells Security Cameras
Hold cells within the Processing Unit are currently supervised by officers conducting 15 minute
checks of detainees confined therein. Supervision is adequate but would be enhanced with the
installation of security cameras and recorders.
Hold Cell Window Tinting
Hold cells windows within the Processing Unit are covered with tinting to prevent detainees from
observing staff completing their responsibilities. The current tinting makes it impossible of staff to
visually supervise detainees confined therein and should be removed.
Hold Cell CriminallNon Criminal Separation
Outbound criminal and non criminal detainees are currently confmed in Hold cells together while
being out processed. Criminal and Non Criminal detainees should be separated while temporarily
confined in the Processing Unit to protect vulnerable detainees from predatory detainees.
ICE Interpreter Service
The Detention Management Division has provided a list ofDHS Interpreters. This service is
available for use when a detainee is encountered who has limited English proficiency and an
interpreter is not available. This list should be made available to all staff and the service used when
deemed appropriate.
Kitchen Equipment Security
Stirring paddles and table mounted can openers utilized in the kitchen should be secured with a cable
when in use.

Spanish Sexual Assault Awareness Notification
Sexual Assault Awareness information is currently posted on all detainee housing unit bulletin
boards in English only. This document should also be provided in Spanish, as over 50% of the
population is Spanish speaking.
Electronic Key Access Cards

b2High, b7e

Emergency Key Access
The Emergency keys maintained in Control are locked in a cabinet accessible only to the Shift
Supervisor. In the event of an emergency access to those keys may be impeded. It is recommended
Emergency Keys be placed in a traditional "Break Box" to ensure those staff responding to the
emergency have access to the emergency keys.
Vehicle Traffic Control
Vehicle traffic within the secure perimeter should be evaluated. Numerous vehicles are driven into
the secure facility; this condition creates opportunities for security breaches.
Vehicle Crash Barriers
Crash barriers should be installed in the vehicle sally port to enhance perimeter security.
Use of Force Tracking
A master file should be developed detailing all Uses of Force Incidents, individuals involved,
location, and time of day. This will assist management with tracking Use of Force trends within the
facility.
Monthly Fire Drills
The shared services staff from DEA who conducts monthly fire drills is not required to do so by
policy. The assigned collateral duty Safety Officer is qualified to conduct these drills and line staff
are authorized to conduct daily inspections. Establishing these procedural requirements will ensure
compliance with current policy.
Deportation Officer Training/Scheduling
Deportation Officers (DO's) are currently required to rotate duty stations between the Special
Processing Center and three other facilities on a daily basis. This rotation practice makes it very
difficult to provide adequate supervision and training from their supervisor. Nine out often current
DO's have less than one year of experience. A modification to the existing rotation practice to a
non-rotating assignment would enhance both training and supervision.
Release of Medical Information
The Release of Medical Information Forms should be signed by the subject detainee prior to staff
releasing any information to consulate staff and/or any non-medical persons.

Recommended Rating and Justification:
It is the Reviewer-in-Charge recommendation that the facility receive a rating of "Acceptable". It is
also recommended by the RIC that a Plan of Action be required for this facility.

RIC Assurance Statement:
All findings of this review have been documented on Form CC-324A and are supported by the
written documentation contained in the review file.

Creative Corrections
--B-eaumorit;-Texas--

Detention Facility Inspection F orm
Facilities Used Over 72 hours

A. Type of Facility Reviewed
ICE Service Processing Center
~
ICE Contract Detention Facility
ICE Intergovernmental Service Agreement

o
o

B. Current Inspection
Type of Inspection
Field Office ~ HQ Inspection
Date[s] of Facility Review
September 17 - 20, 2007

o

C. Previous/Most Recent Facility Review
Date[s] of Last Facility Review
March 13 - 15, 2007
Previous Rating
Superior D Good 0 Acceptable 0 Deficient ~ At-Risk

o

D NameandL ocation 0 f Facility
Name
EI Paso Processin2 Center
Address (Street and Name)
8915 Montana Avenue
City, State and Zip Code
EI Paso Texas 79925
County
EIPaso
f Chief Executive Officer (Warden/OIC/Superintendent)

G. Accreditation Certificates
List all State or National Accreditation [s] received:
ACA 112007; NCCHC 1012004; JCARO 612005
Check box if facility has no accreditation[s]

o

H. Problems / Com laints Co ies must be attached
The Facility is under Court Order or Class Action Finding
Court Order
0 Class Action Order
The Facility has Significant Litigation Pending
Major Litigation
0 Life/Safety Issues
Check if None.

o
o

I. Facili
Date Built
1967
Date Last Remodeled or Upgraded
1998
Date New Construction / Bedspace Added
N/A
Future Construction Planned
~ Yes 0 No Date:
Current Bedspace
Future Bedspace (# New Beds only)
784
Number: Unknown Date: Unknown

b6,b7c

Telephone # (Include Area Code)
915- b6,b7c
Field Office / Sub-Office (List Office with oversight responsibilities)
EIPaso
Distance from Field Office
1 Mile

E.

J. Total Facili Po ulation
Total Facility Intake for previous 12 months
20602
Total ICE Mandays for Previous 12 months
1729
CE SPCs and CDFs Onl
L-l
L-2
L-3
504
91
38
119
2
0

Creative Corrections Review Team
b6,b7c

, Review in Charge
Adult Female

b6

, SME, Health Services

b6,b7c

Adult Female

SME, Security

o Facilit

, SME, Food Services

b6

erational
688
152

, SME, Environmental Health and Safety

b6

F CDF/IGSAIn tiormatIOn
Contract Number

only
I

I

Date of Contract or IGSA

208

Emer enc r
800
400

holds Juveniles Offenders 16 and older as Adults

1\1•. A,yerage Daily Po ulation
";-. ""~:-:.:;'/:::.-.- .-.. '
r-==-=I=C:..::E=-----,--U-=-=S-M-S-.---O-th-e-r
Adult Male
Adult Female

633
121

0
0

0
0

Basic Rates per Man-Day
N. Facility Staffing Level
Other Charges: (If None, Indicate N/A)

,

,

,

Estimated Man-days Per Year

b2High, b7e

rt:

I

Form CC-324A

.....

Significant Incident Summary Worksheet
For Creative Corrections 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.

Assault:
Offenders on
Offenders!

WithW
Without

Assault:
Detainee on
Staff

0

0

0

0

0

0

0

0

11

7

5

27

Physical

Physical

Physical

Physical

0

0

0

0
Number of Forced Moves,
incl. Forced Cell moves 3

Restraints applied/used

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

5

11

4

27

0

0

0

0

0

0

0

0

2

0

0

0

Pending 2

0

0

0

N/A

N/A

Illness

N/A

0

0

55

66

85

65

19

133

106

65

Offender / Detainee Medical

Escapes
Actual
Grievances:

# Received
# Resolved in favor of
Offender/Detainee
Reason (V=Violent, I=Illness,
S=Suicide, A=Attempted

Deaths

Psychiatric / Medical
Referrals

# Psychiatric Cases referred for
Outside Care

0

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 CC-324A

--

------------------------------------------------------

10.
11.
12.
13.
14.
15.
16.
17.

Admission and Release
Classification System
Correspondence and Other Mail
Detainee Handbook
Food Service
Funds and Personal Property
Detainee Grievance Procedures
Issuance and Exchange ofC1othing, Bedding, and Towels
Marriage Requests
Non-Medical Emergency Escorted Trip
Recreation
Religious Practices
V
Work Prf'lOTll'm

Health Services
18.
19.
20.

22.
23.
24.
25.
26.
27.
28;
29 .
30.
31.
32.
33.
34.
35.
36.
37.
38.

Hunger Strikes
Medical Care
Suicide Prevention and Intervention
Tenninal
Advanced Directives and Death
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)

All findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet compliance.

Form CC-324A

RIC Review Assurance Statement

By signing below, the Reviewer-In-Charge (RIC) certifies that all findings ofnoncompliance 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
---accQrdance-with applicable law and policy,andproperty and resources are efficiently used and adequately safeguarded,except for
deficiencies noted in the report.

th~

Reviewer-In-Charge: (Print Name)
b6,b7c
b6,b7c
b6,b7c

b6,b7c

Recommended Rating:

D

Superior
DGood
~ Acceptable
D Deficient
D At-Risk

Comments: The El Paso Service Processing Center is a well managed facility. Staff professionalism and a strong spirit of
cooperation between ICE, DECO Contract Security, and Public Health Service are noteworthy.

Form CC-324A