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ICE Detention Standards Compliance Audit - Henderson Detention Center, Henderson, NV, ICE, 2015

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U.S. Department of Homeland Security
Immigration and Customs Enforcement
Office of Professional Responsibility
Inspections and Detention Oversight Division
Washington, DC 20536-5501

Office of Detention Oversight
Compliance Inspection
Enforcement and Removal Operations
ERO Salt Lake City Field Office
Henderson Detention Center
Henderson, Nevada

August 11–13, 2015

COMPLIANCE INSPECTION
for the
HENDERSON DETENTION CENTER
HENDERSON, NEVADA
TABLE OF CONTENTS
EXECUTIVE SUMMARY
Overall Findings...................................................................................................................2
Findings by National Detention Standard (NDS) 2000 Major Categories ..........................3
INSPECTION PROCESS .............................................................................................................4
DETAINEE RELATIONS ............................................................................................................5
INSPECTION FINDINGS
DETAINEE SERVICES
Access to Legal Materials ....................................................................................................6
Admission and Release ........................................................................................................6
Detainee Classification System............................................................................................6
Food Service ........................................................................................................................6
Funds and Personal Property ...............................................................................................7
Telephone Access ................................................................................................................7
SECURITY AND CONTROL
Environmental Health and Safety ........................................................................................7
Special Management Unit (Administrative) ........................................................................8
Special Management Unit (Disciplinary) ............................................................................8
Use of Force .........................................................................................................................8
HEALTH SERVICES
Medical Care ........................................................................................................................9

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INSPECTION TEAM MEMBERS
Lead Inspections and Compliance Specialist
Section Chief
Inspections and Compliance Specialist
Inspections and Compliance Specialist
Inspections and Compliance Specialist
(b)(6), (b)(7)c
Contractor
Contractor
Contractor
Contractor
Office of Detention Oversight
August 2015
OPR 201508518

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ODO
ODO
ODO
ODO
ODO
Creative Corrections
Creative Corrections
Creative Corrections
Creative Corrections

Henderson Detention Center
ERO Salt Lake City

EXECUTIVE SUMMARY
The Office of Detention Oversight (ODO) conducted a compliance inspection of the Henderson
Detention Center (HDC) in Henderson, Nevada, from August 11 to 13, 2015. 1 HDC opened in
1994 and is owned and operated by the Henderson Police Department (HPD). Enforcement and
Removal Operations (ERO) began housing detainees at HDC in 2011, pursuant to an
Intergovernmental Services Agreement (IGSA), under the oversight of ERO’s Field Office
Director (FOD) in Salt Lake City, Utah.
A Detention Services Manager is the
Quantity
only ERO employee assigned to the Capacity and Population Statistics
facility. An HDC Superintendent is Total Bed Capacity
540
responsible for oversight of daily ICE Detainee Bed Capacity
250
facility operations and is supported
Average Daily Population
492
by (b)(7)e personnel. HDC provides
236
food
services
and
Corizon Average ICE Detainee Population
27
Correctional Healthcare provides Average Length of Stay (Days)
176
medical services. The facility holds Male Detainee Population (as of 08/11/2015)
no accreditations. The facility is not Female Detainee Population (as of 08/11/15)
14
contractually obligated to comply
with ICE Performance-Based National Detention Standards (PBNDS) 2011, Sexual Abuse and
Assault Prevention and Intervention (SAAPI) standard but made efforts to comply.2

OVERALL FINDINGS
In May 2013, ODO conducted an
inspection of HDC under the
National Detention Standards (NDS)
2000, reviewing the facility’s
compliance with 17 standards and
finding the facility compliant with
nine standards. There were a total
of 15 deficiencies in the remaining
eight standards.

Inspection Results
Compared

FY 2013
(NDS 2000)

FY2015
(NDS 2000)

Standards Reviewed

17

15

Deficient Standards
Overall Number of
Deficiencies
Deficient Priority
Components

8

11

15

23

N/A

N/A

In FY2015, ODO conducted an inspection of HDC under the NDS 2000, reviewing the facility’s
compliance with 15 standards and finding the facility compliant with four standards. 3 ODO
found 23 deficiencies, three of which were repeat deficiencies, under the remaining 11
standards.4
1

Male and female detainees with low, medium and high security classification levels are detained at the facility for
longer than 72 hours.
2
The facility has a SAAPI compliance manger and written policy, Preventing, Detecting, and Responding to Sexual
Misconduct, 4420.1, which addresses requirements outlined in the SAAPI standard. Staff is required to complete
training on sexual abuse and assault upon initial hire and annually. The training curriculum meets the requirements
outlined in the SAAPI standard.
3
Corrective actions, where immediately implemented, best practices and ODO recommendations, as applicable, are
identified in the Inspections Findings section and annotated with a “C”, “BP”, or “R”, respectively.
4
ODO identified repeat deficiencies from the May 2013 ODO inspection in the following standards: Food Service
(1) and Environmental Health and Safety (2).

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Henderson Detention Center
ERO Salt Lake City

FINDINGS BY NDS 2000 MAJOR CATEGORIES
NDS 2000 STANDARDS INSPECTED5

DEFICIENCIES

Part 1 – Detainee Services
Access to Legal Material
Admission and Release
Detainee Classification System
Detainee Grievance Procedures
Detainee Handbook
Food Service
Funds and Personal Property
Staff-Detainee Communication
Telephone Access
Sub-Total

2
1
1
0
0
2
1
0
1
8

Part 2 – Security and Control
Environmental Health and Safety
Special Management Unit (Administrative)
Special Management Unit (Disciplinary)
Use of Force
Sub-Total

3
2
3
1
9

Part 3 – Health Services
Medical Care
Suicide Prevention and Intervention
Sub-Total

6
0
6

Total Deficiencies

5

23

For greater detail on ODO’s findings, see the Inspection Findings section of this report.

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Henderson Detention Center
ERO Salt Lake City

INSPECTION PROCESS
Every fiscal year, the Office of Detention Oversight (ODO), a unit within U.S. Immigration and
Customs Enforcement’s (ICE) Office of Professional Responsibility (OPR), conducts
compliance inspections at detention facilities in which detainees are accommodated for periods
in excess of 72 hours and with an average daily population greater than ten to determine
compliance with the applicable ICE National Detention Standards (NDS) 2000, or the
Performance-Based National Detention Standards (PBNDS) 2008 or 2011.
During the compliance inspection, ODO reviews each facility’s compliance with those detention
standards that directly affect detainee health, safety, and/or well-being.6 Any violation of written
policy specifically linked to ICE detention standards, ICE policies, or operational procedures that
ODO identifies is noted as a deficiency. ODO will highlight any deficiencies found involving
those standards that ICE has designated with either the PBNDS 2008 or 2011 to be “priority
components.”7 ICE considers those components to be of critical importance, given their impact
on facility security and/or the health and safety, legal rights, and quality of life of detainees in
ICE custody.
Immediately following an inspection, ODO hosts a closeout briefing in person with both facility
and ERO field office management to discuss their preliminary findings, which are summarized
and provided to ERO in a preliminary findings report. Thereafter, ODO provides ERO with a
final compliance inspection report to: (i) assist ERO in working with the facility to develop a
corrective action plan to resolve identified deficiencies; and (ii) provide senior ICE and ERO
leadership with an independent assessment of the overall state of ICE detention facilities. The
reports enable senior agency leadership to make decisions on the most appropriate actions for
individual detention facilities nationwide.

6
7

ODO reviews the facility’s compliance with selected standards in their entirety.
Priority components have not been identified for the NDS 2000.

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Henderson Detention Center
ERO Salt Lake City

DETAINEE RELATIONS
ODO interviewed 30 detainees, who volunteered to participate. None of the detainees made
allegations of mistreatment, abuse, or discrimination. The majority of detainees reported being
satisfied with facility services, with the exception of the complaints below:


Admission and Release: One detainee alleged he did not receive free hygiene kit
replacements. Another detainee alleged she did not receive an adequate number of
feminine hygiene products for overnight.
o



Food Service: Three detainees stated the food portions for lunch and dinner meals are too
small. One detainee stated the food was raw and inedible.
o



Action Taken: ODO witnessed the distribution of hygiene kits in the housing
units, and detainees were not charged. ODO determined feminine hygiene
products are available for free in the housing units.

Action Taken: ODO determined the food menu is overseen by a dietitian, and the
three meals provide 2,400 calories, which meets the requirements in the standard.
ODO measured the food temperature during lunch service and determined food is
properly cooked and served at the appropriate temperatures.

Medical Care: Several detainees alleged they were not receiving appropriate medical
care. Three detainees alleged they must purchase medication. Two detainees alleged it
takes a month to receive dental care, and in order to receive dental services, they must
first request the services through ICE, prior to asking medical.
o

Action Taken: Medical services notified ODO that detainees are not charged for
medications, but if a detainee would like a personal supply of Tylenol they have
to purchase it through the commissary. ODO reviewed both claims for dental
care and determined that due to dental services being provided off-site, ICE needs
to authorize the requests. ODO also determined the dental schedule is done in
order of severity of dental issues.

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August 2015
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Henderson Detention Center
ERO Salt Lake City

INSPECTION FINDINGS
DETAINEE SERVICES
ACCESS TO LEGAL MATERIAL (ALM)
An interview with staff revealed, the facility does not have a designated officer assigned to
inspect the equipment weekly to ensure the equipment is in good working order and to stock
supplies (Deficiency ALM-18).
A review of the documents posted in the law library revealed a list of the library’s holdings was
lacking (Deficiency ALM-29).
ADMISSION AND RELEASE (AR)
ODO reviewed detention files and confirmed in an interview with a senior lieutenant, the facility
does not record strip searches on Form G-1025, Record of Search, with supporting details,
supervisory approval, and outcome of the search (Deficiency AR-110).
DETAINEE CLASSIFICATION SYSTEM (DCS)
A review of the detainee handbook found it does not notify detainees of the different
classification levels and the conditions and restrictions applicable to each (Deficiency DCS-111).
FOOD SERVICE (FS)
ODO confirmed knives were secured to workstations when in use; however, the knives do not
have steel shanks as required by the standard (Deficiency FS-112).
Inspection found the food carts were unsecured.(Deficiency FS-213).

8

“The facility shall designate an employee with responsibility to inspect the equipment at least weekly and ensure
that it is in good working order, and to stock sufficient supplies.” See ICE NDS 2000, Standard, Access to Legal
Material, Section (III)(B).
9
“The facility shall post a list of its holdings in the law library.” See ICE NDS 2000, Standard, Access to Legal
Material, Section (III)(C).
10
“If information developed during admissions processing supports reasonable suspicion for a full search, the
information supporting that suspicion should be documented in detail on Form G-1025, Record of Search.” See
Change Notice Admission and Release-National Detention Standard Strip Search Policy, dated October 15, 2007.
11
“The detainee handbook’s section on classification will include the following: 1. An explanation of the
classification levels, with the conditions and restrictions applicable to each.” See ICE NDS 2000, Standard,
Detainee Classification System, Section (III)(I)(1).
12
“To be authorized for use in the food service department, a knife must have a steel shank through which a metal
cable can be mounted.” See ICE NDS 2000, Standard, Food Service, Section (III)(B)(2). This is a repeat
deficiency.
13
“Food will be delivered from one place to another in covered containers. These may be individual containers,
such as pots with lids, or larger conveyances that can move objects in bulk, such as enclosed, satellite feeding carts.
Food carts must have locking devices.” See ICE NDS 2000, Standard, Food Service, Section (III)(C)(2)(g).

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Henderson Detention Center
ERO Salt Lake City

FUNDS AND PERSONAL PROPERTY (F&PP)
The NDS requires that each facility shall have a written procedure for the auditing of detainee
funds, valuables, and personal property. An audit process is not addressed in HDC policy, and
there is no documentation reflecting audits are conducted (Deficiency F&PP-114).
TELEPHONE ACCESS (TA)
ODO verified ERO conducted serviceability checks by reviewing the ERO weekly telephone
serviceability worksheets. ODO reviewed the Telephone Serviceability Worksheets from March
2015 to August 2015 and determined they were not completed weekly (Deficiency TA-115).

SECURITY AND CONTROL
ENVIRONMENTAL HEALTH AND SAFETY
The inspection found hazardous substances were not inventoried and stored in accordance with
the NDS. There was no running inventory of the hazardous substances stored in master
receiving, and aerosol products were not inventoried in the booking area and unit four
(Deficiency EH&S-116).
The aerosol products were stored on shelves and in cabinets not constructed for combustible
substances (Deficiency EH&S-217).
Documentation of monthly fire drills was present; however, the drills are simulated and do not
involve evacuation of detainees. In addition, emergency keys are not drawn and tested
(Deficiency EH&S-318).

14

“Each facility shall have a written procedure for inventory and audit of detainee funds, valuables, and personal
property.” See ICE NDS 2000, Standard, Funds and Personal Property, Section (III)(F).
15
“The Field Office Director (FOD) shall ensure that all phones in all applicable facilities are tested on a weekly
basis.” See Memorandum for: Field Office Directors, Detainee Telephone Services, dated April 4, 2007.
16
“Every area will maintain a running inventory of the hazardous (flammable, toxic, or caustic) substances used and
stored in that area. Inventory records will be maintained separately for each substance, with entries for each logged
on a separate card (or equivalent).” See ICE NDS 2000, Standard, Environmental Health and Safety, Section
(III)(A). This is a repeat deficiency.
17
“Any liquid or aerosol labeled ‘Flammable’ or ‘Combustible’ must be stored and used as prescribed on the label,
in accordance with the Federal Hazardous Substances Labeling Act, to protect both life and property.” See ICE
NDS 2000, Standard, Environmental Health and Safety, Section (III)(F)(1). This is a repeat deficiency.
18
“b. Detainees will be evacuated during fire drills, except in areas where security would be jeopardized or in
medical areas where patient health could be jeopardized or, in individual cases when evacuation of patients is
logistically not feasible. Staff-simulated drills will take place instead in the areas where detainees are not evacuated.
Emergency-key drills will be included in each fire drill, and timed. c. Emergency-key drills will be included in
each fire drill, and timed. Emergency keys will be drawn and used by the appropriate staff to unlock one set of
emergency exit doors not in daily use. NFPA recommends a limit of four and one-half minutes for drawing keys
and unlocking emergency doors.” See ICE NDS 2000, Standard, Environmental Health and Safety, Section
(III)(L)(4)(b)&(c).

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August 2015
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Henderson Detention Center
ERO Salt Lake City

SPECIAL MANAGEMENT UNIT – ADMINISTRATIVE SEGREGATION (SMU-AS)
Activities, services and privileges are recorded in HDC’s electronic jail management system. A
review of entries found medical staff did not visit every detainee in the SMU at least three times
a week, nor did a shift supervisor see each segregated detainee daily (Deficiency SMU AS-119).
In addition, the log did not consistently record whether each detainee was given meals,
showered, and had recreation, telephone, and visitation privileges (Deficiency SMU AS-220).
SPECIAL MANAGEMENT UNIT – DISCIPLINARY SEGREGATION (SMU-DS)
A review of entries found detainees on disciplinary segregation do not receive recreation
privileges in accordance with the standard (Deficiency SMU DS-121).
In addition, review found medical staff did not visit every detainee in the SMU at least three
times a week, nor did a shift supervisor see each segregated detainee daily (Deficiency SMU
DS-222).
The electronic log did not consistently record whether each detainee was given meals, showered,
and had recreation, telephone, and visitation privileges (Deficiency SMU DS-323).
USE OF FORCE (UOF)
ODO’s review of training files for (b)(7)erandomly selected officers confirmed current training in
these devices. The files also documented training in all but one subject required by the standard,
which was confrontation avoidance (Deficiency UOF-124).

19

“A medical professional shall visit every detainee in administrative segregation at least three times a week. In
addition to the direct supervision afforded by the unit officer, the shift supervisor shall see each segregated detainee
daily, including weekends and holidays.” See ICE NDS 2000, Standard, Special Management Unit – Administrative
Segregation, Section (III)(D)(12).
20
“A permanent log will be maintained in the SMU. The log will record all activities concerning the SMU
detainees, e.g., meals served, recreation, visitors, etc.” See ICE NDS 2000, Standard, Special Management Unit –
Administrative Segregation, Section (III)(E)(1).
21
“Recreation shall be provided to detainees in disciplinary segregation in accordance with the ‘Recreation’
standard.” See ICE NDS 2000, Standard, Special Management Unit – Disciplinary Segregation, Section
(III)(D)(13).
22
“A medical professional shall visit every detainee in administrative segregation at least three times a week. In
addition to the direct supervision afforded by the unit officer, the shift supervisor shall see each segregated detainee
daily, including weekends and holidays.” See ICE NDS 2000, Standard, Special Management Unit – Disciplinary
Segregation, Section (III)(D)(16).
23
“A permanent log will be maintained in the SMU. The log will record all activities concerning the SMU detainees,
e.g., meals served, recreation, visitors, etc.” See ICE NDS 2000, Standard, Special Management Unit –
Administrative Segregation, Section (III)(E)(1).
24
“To control a situation involving an aggressive detainee, all staff must be made aware of their responsibilities
through ongoing training. All detention personnel shall also be trained in approved methods of self-defense,
confrontation avoidance techniques, and the use of force to control detainees. Staff will be made aware of
prohibited use-of-force acts and techniques.” See ICE NDS 2000, Standard, Use of Force, Section (III)(O).

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Henderson Detention Center
ERO Salt Lake City

HEALTH SERVICES
MEDICAL CARE
During intake screening, officers were observed standing in close proximity of the detainees
being screened. When questioned about this practice, the Health Service Administrator (HSA)
explained it is the facility’s policy that officers must be within arm’s length of all civilians
having contact with incarcerated individuals, including medical and mental healthcare staff
(Deficiency MC-125).
In the 30 medical records reviewed, a registered nurse (RN) conducted the initial health appraisal
within 14 days of detainee arrival; however, in ten cases, the physician did not complete the
process by documenting his review within this time period (Deficiency MC-226).
In the 30 medical records reviewed, all records documented initial dental screening; however, the
facility does not have a dentist on-site and the screenings were conducted by a registered nurse
(RN) (Deficiency MC-327).
Nurses distribute and collect sick call requests twice daily during medication distribution in the
housing units. The requests are available in English and Spanish. A review of five sick call
requests found one was not responded to by medical personnel (Deficiency MC-428).
A review of five electronic medication administration records showed two did not have all
dosages recorded (Deficiency MC-529).
A review of the mental health assessments found two detainees receiving psychotropic
medications did not sign specific consent forms (Deficiency MC-630).

25

“Adequate space and equipment will be furnished in all facilities so that all detainees may be provided basic
health examinations and treatment in private.” See ICE NDS 2000, Standard, Medical Care, Section (III)(B).
26
“Health appraisals will be performed according to NCCHC and JCAHO standards.” See ICE NDS 2000,
Standard, Medical Care, Section (III)(D).
27
“An initial dental screening exam should be performed within 14 days of the detainee’s arrival. If no on-site
dentist is available, the initial dental screening may be performed by a physician, physician assistant, or nurse
practitioner.” See ICE NDS 2000, Standard, Medical Care, Section (III)(E).
28
“The health care provider will review the request slips and determine when the detainee will be seen.” See ICE
NDS 2000, Standard, Medical Care, Section (III)(F).
29
“Distribution of medication will be according to the specific instructions and procedures established by the health
care provider. Officers will keep written records of all medication given to detainees.” See ICE NDS 2000,
Standard, Medical Care, Section (III)(I).
30
“As a rule, medical treatment will not be administered against the detainee’s will. The facility health care
provider will obtain signed and dated consent forms from all detainees before any medical examination or treatment,
except in emergency circumstances.” See ICE NDS 2000, Standard, Medical Care, Section (III)(L).

Office of Detention Oversight
August 2015
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Henderson Detention Center
ERO Salt Lake City