ICE Detention Standards Compliance Audit - Euless City Jail, Euless, TX, ICE, 2009
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ICE Detention Standards Compliance Review . Euless City Jail April 7-8, 2009 REPORT DATE - Apri19, 2009 reative correctio ns I I Contract Number: ODT-6-D-OOOI Order Number: HSCEOP-07-F-01016 b6,b7c J , Executive Vice President Creative Corrections 6415 Calder, Suite B Beaumont, TX 77706 b6,b7c , COTR U.S. Immigration and Customs Enforcement Detention Standards Compliance Unit 500 12th St, SW Washington, DC 20536 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) . reative. corrections 6415 Calder, Suite B • Beaumont, Texas 77706 Making a Difference! April 9, 2009 MEMORANDUM FOR: FROM: James T. Hayes, Jr. Director Office of Detention and Removal Operations b6,b7c b6,b7c b6,b7c Reviewer-In-C !J'. . . . Euless City Jail Annual Detention Review SUBJECT: . An Annual Detention Review (ADR) of Euless City Jail was conducted by Creative Corrections on April 7-8, 2009. The facility has an intergovernmental service agreement with Immigration and Customs Enforcement (ICE). The facility houses ICE detainees and city offenders. As noted on the attached documents, the team of Subject Matter Experts (SME) included b6,b7c b6,b7c , Food Service; b6,b7c , Health Services; , Environmental Health and b6,b7c Safety; and , Security. b6,b7c A closeout meeting was conducted on April 8, 2009, with Chief deficiencies, concerns, and recommendations were discussed. I I I I b6,b7c during which all Type of Review This review is a scheduled Detention Standard Review to determine general compliance with established ICE National Detention Standards for facilities housing detainees under 72 hours. The last review of this facility was conducted on April 14-15, 2008. Review Summary The Euless City Jail is not accredited by the American Correctional Association, National .Commission on Correctional Health Care, or the Joint Commission on Accreditation of Healthcare Organizations. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 1 Standards Compliance The following statistical information provides a direct comparison of the 2008 ADR and this ADR conducted for 2009. April 14-15. 2008 Review 25 Compliant Deficient At-Risk Not Applicable 2 o 1 April 7-8,2009 Review Compliant Deficient At-Risk Not Applicable 26 1 o 1 Disciplinary Policy - Deficient (Repeat Finding) Policy: All facilities housing ICE detainees are authorized to impose discipline on detainees whose behavior is not in compliance with facility rules and reguJations. • The Euless City Jail has not established policy or procedures to impose discipline on detainees whose behavior is not in compliance with facility rules and regulations. • ECJ Policy 400.47, Inmate·Discipline, does not establish a written disciplinary procedure. The policy identifies loss of privileges, disciplinary isolation, and formal charges as actions allowable by staff; however, the policy does not establish the severity of charges, duration of sanctions, or proceedings regarding disciplinary reports, investigations, or hearings. There is no progressive level of review and/or appeals. • ECJ is~ues a detainee handbook which describes, in general terms, the disciplinary process but it does not define charges, or sanctions based on the severity levels of offenses. Additionally, the facility's discipline policy and procedure does not require staff compliance with the general procedures described in the handbook. • Policy 400.46, Rules of Conduct for PrisonerslDetainees, briefly describes prohibited acts, but they are not posted in the facility. A disciplinary severity scale and sanctions for violation of a prohibited act have not been established. I I I I I. .1 Recommendation The administration should develop a written disciplinary policy that is consistent with the procedures listed in the ICE Handbook, and should develop a methodology to ensure this information is made available to all detainees. 2. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Recommended Rating and Justification It is the Reviewer-In-Charge recommendation that the facility receIve a rating of "Acceptable." It is also recommended a Plan of Action be required to identify and implement corrective actions for the deficienc.y noted during tbjs review RIC Assurance Statement All findings of this review have been documented on the Detention Review Worksheet and are supported by the written documentation contained in the review file. i 3 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Detention Facility Inspection Form Facilities Used Under 72 hours Estimated Man-days per Year 6000 Department Of Homeland Security Immigration and Customs Enforcement A. TYPE OF FACILITY REVIEWED ICE Service Processing Center ICE Contract Detention FacUity ICE Intergovernmental Service Agreement ~ o o G. ACCREDITATION CERTIFICATES N/A ,. [gI. ....--, ~ ·-L-j ._-_. au ........, v. " .... B. CURRENT INSPECTION '1"'. .L'T. o Field Office :..:£.t'_~1 ~ HQ Inspection Date[s] of Facility Review April 7-8, 2009 ! J. TOTAL FACILITY POPULATION Total Facility Intake for Previous 12 months . 9200 Total ICE Man Days for Previous 12 months i 7787 . K. CLASSIFICATION LEVEL (lCE SPCS AND CDFs ONLY) 1..-1 L-3 I Adult Female L. FACILITY CAPACITY Rated ODerational Emergency Adult Male 74 Adult Female varies • [J Facility Holds Juveniles Offenders 16 and Older as Adults M. AVERAGEDAILYPOPULATION ICE 10 I AdultMale I Adult Female 3 i. Name of Team Member//SME Title / Duty Location / Security b6,b7c I 1..-2 I Adult Male 1 CDF/IGSA INFORMATJON ONLY Date of Contract or IGSA IGSAAlDLS-6060-92 February 23. 1991 Basic Rates per Man-Day $55.00 Other Charges; (If None, Indicate N/A) ; I8J N/A I FACILITY HISTORY Date Built January, 2002 Date Last Remodeled or Upgraded N.A. Date New Construction / Bed Space Added N.A. Future Construction Planned DYes [8j No Date: Current Bed space Future ~ed Space (#. New Beds only) • Number. N.A. Date. N.A. . 75 T E. ICE Information I Name of Inspector (Last Name, Title and Duty Station) b6,b7c /R ' • Char2e / I eVlewer m Name. of Team Member / Title / Duty Location SME-Food Service / b6,b7c ! Name of Team Member I Title / Duty Location i J / SME-Medical / b6,b7c Name of Team Member I Title I Duty Locadon b6,b7c / SME-Environmental Health and Safety / l F. • . D. NAME AND LOCATION OF FACILITY Name Euless City Jail Address 1102 West Euless Blvd; City, State and Zip Code Euless TX 76040 County Tarrant Name and Title of Chief Executive Officer erintendent . ( Warden/OIC/Sup .) , Asst. Chief b6,b7c Telephone Number (Include Area Code) 817-685- b6,b7c Field Office / Sub-Office (List Office with Oversight) Dallas Distance from Field Office ·6.5 miles ! Contract Number .1. ,-~ H. PROBLEMS / COMPLAINTS (COPIES MUST BE ATTACHED) .. The FacIlity IS under Court Order or Class ActIon Fmdmg D Court Order D Class Action Findin The Facility has Significant Litigation Pending Ma'or Liti ation D Life/Safe Issues IZJ None C. PREVIOUSIMOST RECENT FACILITY REVIEW Date[s] of Last Facility Review I A ril14-15 2008 i ... L<'''~ .~ I I N. FACILITY STAFFING LEVEL b2High USMS Other port: FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) Form G-324B SIS (Rev. 7/9/07) SIGNIFICANT INCIDENT SUMMARY WORKSHEET In order for Creative Corrections to complete its review of your facility, you must complete the following worksheet prior to your scheduled review dates. This worksheet must contain data for the past twelve months. We wiII use this worksheet in conjunction with the ICE Detention Standards to assess your detention operations with regard to the needs of ICE and its detainee population. Failure to complete this worksheet wilI result in a delay in processing this report, and may result in a reduction or removal of ICE detainees from your facility. o o o o o o o o Assault: Offenders on Offenders! Assault: Detainee on Staff Number of Forced Moves, inc I. Forced Cell Moves3 Offender / Detainee Medical Referrals as a Result of fnjuries Sustained. i I Escapes Actual I Grievances: . i of I Psychiatric / Medical Referrals o o o o o o o o o o o o o o o o o o o o o o o o o o 2 2 o o 2 # Psychiatric Cases Referred for Outside Care P IC o i o o o o o o o v IC Deaths I o o o o o o o o o o o v # Times Four/Five Point Restraints Applied/Used o o o o o o o o o o o o o o o o o I 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. . FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G~324B SIS (Rev. 7/9/07) DHS/ICE DETENTION STANDARDS REVIEW SUMMARY REpORT Z. DEFICIENT 5. 6. 7. 8. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 3. AT-RISK 4. REPEAT S.NOT F1NDING ApPLICABLE Admission and Release Classification System Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Practices Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts Security Inspections Special Management Units (Administrative Detention) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force . Staff / Detainee Communication (Added August 2003) Detainee Transfer ALL FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND WHAT IS NECESSARY TO REACH COMPLIANC.E • . FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324B ~IS (Rev. 7/9/07) RIC REVIEW ASSURANCE STATEMENT BY SIGNING BELOW, THE REVIEWER-IN-CHARGE (RIC) CERTIFIES THAT: 1. 2. ALL FINDINGS OF NON-COMPLIANCE WITH POLICY OR INADEQUATE CONTROLS, AND FINDINGS OF NOTEWORTHY ACCOMPLISHMENTS, CONTAINED IN THIS INSPECTION REPORT, ARE SUPPORTED BY EVIDENCE THAT IS SUFFICIENT AND RELIABLE; AND W'nHlN tHE SCOPE OF lHlS REvIEW, IHE FACILII r IS OPERA lING IN ACCORDANCE WIIH APPLICABLE LAW AND POLICr, AND PROPERTY AND RESOURCES ARE BEING EFFICIENTLY UTILIZED AND ADEQUATELY SAFEGUARDED, EXCEPT FOR ANY DEFICIENCIES NOTED IN THE REPORT. Signature . b6,b7c b6,b7c Title & Duty Location Date Review In Cha e A i19,2009 5MB-Food Service b6,b7c b6,b7c Print Name, Title, & Duty Location b6,b7c SME-Securi Print Name, Title, & Duty Location , SME-Environmental Health and Safe RECOMMENDED RATING: b6,b7c b6,b7c , SME -Medical b8J ACCEPTABLE DDEFICIENT OAT-RISK COMMENTS: I ) j \ I FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Form G-324B SIS (Rev. 7/9/07)