ICE Detention Standards Compliance Audit - Euless Police Department, Euless, TX, ICE, 2008
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6415 Calder, Suite B • Beaumont, Texas 77706 409.866.9920 • www.correctionalexperts.com · Making a Difference! April 19, 2008 MEMORANDUM FOR: Gary E. Mead, Acting Director Office of Detention and Removal Operations FROM: b6,b7c . Reviewer-In-Charge /) - , Creative Corredions ~. b6,b7c . Euless City Jail Annual Detention Review SUBJECT: Creative Corrections conducted an Annual Detention Review of the Euless City Jail (ECJ) located in Euless, Texas, on April 14-15, 2008. The facility is operated by the Euless Police Department, which has a contract with the Immigration and Naturalization Ser As b6,b7c noted on the attached documents, the team of Subject Matter Experts included b6 b6 b6,b7c Security; Health Services; Safety; and , Food b6,b7c Chief of Services. A review closeout was conducted on Apri115, 2008, with b6,b7c b6,b7c Police; , Assistant Chief of Police; Lieutenant , Jail b6,b7c Administrator; and Sergeant and included a discussion of all deficiencies and concerns noted during our review. . Type of Review: This review is a scheduled Detention Standard Review to determine general compliance with established ICE National Detention Standards for facilities used for under 72 hours. Review Summary: The facility is not currently accredited by any correctional or health organizations. 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 2007 ADR and this ADR conducted for 2008. April25~ 2007 Compliant Deficient At-Risk· Not-Applicable Review 28 0 0 0 April14-15~ 2008 Compliant Deficient At-Risk N ot-Applicable Review 25 2 0 1 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 1/3 Discipline Policy-Deficient All facilities housing ICE detainees are authorized to impose discipline on detainees whose behavior is not in compliance with facility rules and regulations. • Facility policy does not identify a written disciplinary system, which uses progressive levels ofreviews and appeals. The policy states detainees can be sanctioned withJoss of privileges, disciplinary isolation and possible formal charges; however, the policy does not describe any due process procedures to justify the imposition of sanctions. • Facility rules do not prohibit disciplinary action from being capricious or retaliatory. • Written rules do not prohibit staff from imposing the sanction "loss of correspondence privileges". • The facility does not have a detainee handbook that informs detainees ofthe rules of conduct, sanctions, or procedures for violations. Likewise, this information is not disseminated to detainees verbally. • Detainee rights and responsibilities, prohibited acts, disciplinary severity scale and sanctions are not posted in Spanish or English. • The facility policy does not include provisions for informally handling minor rule violations. Recommendations Establish a written policy authorizing the facility to impose discipline on detainees whose behavior is not in compliance with facility rules and regulations. This policy should direct that disciplinary action is not to be capricious or retaliatory, that "loss of correspondence privileges" cannot be imposed as a disciplinary sanction, and it should contain provisions for informally handling minor rule violations. The rules of conduct, disciplinary sanctions and procedures for violations should be defined in writing and communicated to all detainees. Portions ofthe disciplinary policy containing detainee rights and responsibilities, prohibited acts, disciplinary severity scale and sanctions should be available in English and Spanish, and posted in the housing units. Note: Although the Euless City Jail's disciplinary policy is deficient, their efforts to maintain a high measure of security and control of detainees is not without merit. This "Under 72 hour" facility is unable to employ a comparatively time-consuming disciplinary process since detainees would be removed from the facility before charges could be adjudicated. Emergency Plans-Deficient Every facility will develop plans and procedures for handling emergency situations reasonably likely to occur. The goal of these "contingency plans" is to control the situation without endangermg lives or property. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2/3 The Euless City Jail's emergency plans do not cover work/food strikes, escapes, adverse weather or internal hostage situations. Additionally, there is no facility policy that mandates detainees will be protected from personal injury, disease, or property damage. Recommendations Plans and procedures should be developed for handling emergency situations reasonably likely to occur. These procedures should include statements addressing the protection of detainees from personal injury, disease, or property damage. Written procedures should cover work/food strikes, escapes, adverse weather, and internal hostage situations. RIC·Issues and Concerns Environmental Health and Safety Personal protective equipment (eye protection and eye wash station) is needed for staff or detainees using hazardous chemicals. A technically qualified person should complete monthly fire and safety inspections. Emergency exit floor plans and an area-specific exit diagram should be conspicuously posted in public areas. Contraband: Upon arrival at the facility, detainees should be notified of items they can and cannot possess. Security Inspections: A staff member should search each vehicle entering and leaving the facility. Use of Force: Staff members should be trained in the performance ofthe use-of-force team technique in addition to the two hours of self-defense tactics training they receive annually. The facility's use of force policy should be amended to provide staff direction on immediate use of force guidelines and requirements. Recommended Rating and Justification It is the Reviewer-in-Charge (RIC) 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 to implement necessary corrective actions. RIC Assurance Statement All fmdings of this review have been documented on the Detention Review Worksheets and are supported by the written documentation contained in the review file. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 3/3 . r"'''~~ L'~.reat've ? " C 0 r r e c t ion s DETENTION FACILITY INSPECTION FORM FACILITIES USED LONGER THAN 72 HOURS A. TYPE OF FACILITY REVIEWED ICE Service Processing Center D ICE Contract Detention Facility D ICE Intergovernmental Service Agreement ~ Other Charges: (If None, Indicate N/A) N/A Estimated Man-days per Year 6000 B. CURRENT INSPECTION Type ofInspection ~ Field Office D HQ Inspection Date[s] of Facility Review April 14-15, 2008 G.' ACCREDITATION CERTIFICATES ~ N/A List all State or National Accreditation [s] received: N/A H. ' PROBLEMS / COMPLAINTS (COPIES MUST BE ATTACHED) The Facility is under Court Order or Class Action Finding D Court Order D Class Action Finding The Facility has Significant Litigation Pending D Major Litigation D Life/Safety Issues ~ None C. PREVIous/MoST RECENT FACILITY REVIEW Date[s] of Last Facility Review April 25, 2007 Previous Rating D Superior D Good ~ Acceptable D Deficient D At-Risk I. FACILITY HISTORY Date Built 01110/2002 Date Last Remodeled or Upgraded N/A Date New Construction / Bed Space Added NIA Future Construction Planned DYes ~No Date: N/A Current Bed space Future Bed Space (# New Beds only) 75 Number: N/A Date: N/A , D. NAME AND LOCATION OF FACILITY Name Euless Police Department Address 1102 W. Euless Blvd City, State and Zip Code Euless, Texas 76040 County Tarrant County Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) b6,b7c Chief of Police Tel mber (Include Area Code) 817 b6,b7c Field Office / Sub-Office (List Office with Oversight) Dallas Field Office Distance from Field Office 25 miles E. ICE INFORMATION (Last Name, Title and Duty Station) b6,b7c / RIC-Administration / Creative Corrections am Member / Title / Duty Location b6,b7c / 5MB-Security / Creative Corrections Name of Team Member / Title / Duty Location / SME-Medical / Creative Corrections b6 Name of Team Member / Title / Duty Location / 5MB-Food Service / Creative Corrections b6 Name of Team Member / Title / Duty Location 5MB-Safety / Creative Corrections b6,b7c F. CDF/IGSA INFORMATION ONLY Contract Number Date of Contract or IGSA IGSAAIDLS-6060-92 February 23, 1991 (Amended) Basic Rates per Man-Day $55.00 J. TOTAL FACILITY POPULATION Total Facility Intake for Previous 12 months 9083 Total ICE Man Days for Previous 12 months 5717 K. CLASSIFICATION LEVEL (ICE SPCSAND CDFSONLY) ,;.' ". L-l L-2 L-3 Adult Male N/A N/A N/A Adult Female N/A N/A N/A ., '.' L. FACILITY CAPACITY <": ." ',.' Rated Operational Emer2ency Adult Male 65 65 65 Adult Female 10 10 10 D Facility Holds Juveniles Offenders 16 and Older as Adults M. AVERAGEDAILYPOPULATION , ( •.; / ' ; i . , ., ICE Adult Male 15 <1 Adult Female USMS N/A N/A Other 22 2 N. FACILITY STAFFING LEVEL I b2High FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) port: I 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 will use this worksheet in conjunction with the ICE Detention Standards to assess your detention operations with regard to the needs ofICE and its detainee population. Failure to complete this worksheet will result in a delay in processing this report, and may result in a reduction or removal of ICE detainees from your facility. Assault: Offenders on Offenders! WithW WithoutW Assault: Detainee on Staff Number of Forced Moves, inc!. Forced Cell Moves3 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 0 0 0 0 0 0 0 0 # Times Four/Five Point Restraints Applied/Used Offender / Detainee Medical Referrals as a Result of Injuries Sustained. Escapes Actual Grievances: # Received # Resolved in Favor of OffenderlDetainee Reason (V=Violent, I=Illness, S=Suicide, A=Attempted Deaths Psychiatric / Medical Referrals Number # Medical Cases Referred for Outside Care # Psychiatric Cases Referred for Outside Care 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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 5 0 0 0 0 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, maj or fires, or other large scale incidents FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 2 of4 DHSIICE DETENTION STANDARDS REVIEW SUMMARY REpORT 1. ACCEPTABLE 4. 5. 6. 7. 8. 9. 2. DEFICIENT 3. AT-RISK 4. REPEAT 5. NOT FINDING ApPLICABLE Classification System Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Practices Suicide Prevention and Intervention 12. SECURITY AND CONTROL 13. Contraband 14. Detention Files 15. Disciplinary Policy 16. Emergency Plans 17. Environmental Health and Safety 18. Hold Rooms in Detention Facilities Key and Lock Control 19. 20. Population Counts 21. Security Inspections Special Management Units (Administrative Detention) 22. Special Management Units (Disciplinary Segregation) 23. 24. Tool Control 25. Transportation (Land management) Use of Force 26. Staff / Detainee Communication (Added August 2003) 27. 28. Detainee Transfer FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND T IS NECESSARY TO REACH COMPLIANCE. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 3 of4 RIC REVIEW ASSURANCE STATEMENT BY SIGNING BELOW, THE REVIEWER-IN-CHARGE (RIC) CERTIFIES THAT: ALL FINDINGS OF NON-COMPLIANCE WITH POLICY OR INADEQUAfE CONTROLS, AND FINDINGS OF NOTEWORTHY ACCOMPLISHMENTS, CONTAINED IN THIS INSPECTION REPORT, ARE SUPPORTED BY EVIDENCE THAT IS SUFFICIENT AND RELIABLE; AND WITHIN THE SCOPE OF THIS REVIEW, THE FACILITY IS OPERATING IN ACCORDANCE WITH APPLICABLE LAW AND POLICY, AND PROPERTY AND RESOURCES ARE BEING EFFICIENTLY UTILIZED AND ADEQUATELY SAFEGUARDED, EXCEPT FOR ANY DEFICIENCIES NOTED IN THE REPORT. b6,b7c b6,b7c Title & Duty Reviewer in b6,b7c Creative Corrections Creative Corrections b6 Creative Corrections Print Name, Title, & Duty Location b6 RECOMMENDED RATING: Creative Corrections b6,b7c Creative Corrections o o I:8J o SUPERIOR GOOD ACCEPT ABLE DEFICIENT OAT-RISK COMMENTS: The Euless City Jail is operated as a relatively small holding facility in support of the Euless Chief ofpolice. Consequently, the detainees (both local offenders and ICE detainees) are housed for a very short time. The local offenders are typically bonded out within hours or transferred to county facilities in less than 72 hours. The ICE detainees are housed only overnight and rarely exceed a stay of less than 24 hours. Consequently, many of the ICE Standards which apply to longer term incarcerations do not directly relate or apply to this facility. The Disciplinary Policy standard is an example of this. Administrative rules and the hearing process do not exist at this facility. However, for a facility with this short average length of incarceration, a formal process of rules and responsibilities and subsequent administrative review process would not favorably impact the operation. The facility staff has an informal resolution process to intervene, separate, and more highly supervise those who act out until they are relocated to a longer term facility. No evidence or history of this method causing threat or harm to ICE detainees, or others, was apparent during this review. Therefore, the deficiency in the disciplinary standard negatively affected the overall rating, but will not diminish the future safety ofICE detainees. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 4 of4 • • HEADQUARTERS EXECUTIVE REVIEW I Review Authority The signature below constitutes review of this report and acceptance by the Review Authority. OIC/CEO will have • ..,. from receipt of this report to respond to all findings and recommendations. HQDRO EXECUTIVE REVIEW: (Please Print Name) Signature b6,b7c b6,b7c Title Date Acting Chief, Detention Standards Compliance Unit Final Rating: IZI Acceptable o Deficient OAt-Risk Comments: The Review Authority concurs with the "Acceptable" rating. A Plan of Action is required to correct the deficiencies identified in the Emergency Plans, Discipline Policy, Environmental Health and Safety, Contraband, Security Inspections, and Use of Force standards. CC-324B-SIS FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)