ICE Detention Standards Compliance Audit - Houston Contract Detention Facility, Houston, TX, ICE, 2008
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ICE Detention Standards Compliance Review Houston Contract Detention Facility February 5 - 7,2008 REPORT DATE - February 8, 2008 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 FOR OFFICIAL USE ONLY ~W ENFORCEMENT SENSITIVE) .'fC' r-e-itiven n .•_ - - (: ~ ... cor r e c t ion s ---64-1-S-C-a-ld-e-r,-S-u-ite-B-.-B-ea-u-m-o-nt-,-r-ex-a-s-7-77-0-6 ~ 409.866.9920 • www.correctionalexperts.com Making a Difference! February 8, 2008 MEMORANDUM FOR: FROM: John P. Torres, Director Office of Detention and Removal b6,b7c Reviewer-In-Charge Creative Corrections SUBJECT: J... 1--\•.. b6,b7c Houston Contract Detention Facility Annual Detention Review Creative Corrections conducted the Annual Detention Review (ADR) of the Houston Contract Detention Facility, located in Houston, Texas, on February 5-7, 2008. The facility is an ICE Contract Detention Facility (CDF) operated by the Corrections Corporation of American for housing adult male and female ICE detainees for Over 72 hours. As noted on the attached b6 documents, my team of Subject Matter Experts (SME) included: SME for b6 b6,b7c ; SME for Safety; , SME for Food Service; and b6,b7c SME for Security. A final review closeout was conducted with Warden b6,b7c b6,b7c b6,b7c , and Associate Warden, during which all deficiencies, concerns, and recommendation were discussed. Following the private close-out an out briefing was held for facility staff. Thirty six staff attended including the facility executive staff, department heads, b6,b7c the Field Office Director from the Houston Field Office, and his Assistant b6,b7c During the out briefing the team's observations, Field Office Director, recommendations and deficiencies were again cited. Life Safety Findings There were no life safety findings at the Houston Contract Detention Facility that posed an immediate danger for detainees. Type of Review: This review is a scheduled Detention Standard Review to determine general compliance with established ICE National Detention Standards. Review Summary: The facility began operation in April 1984 and is accredited by the American Correctional Association (ACA), the National Commission on Correctional Health Care (NCCHC) and the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO). FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) 1/3 Standards Compliance: The following information summarizes the standards reviewed and the overall compliance for this review. February 6-8, 2007, Compliant Deficient At-Risk Non-Applicable February 5-7, 2008, Compliant Deficient At-Risk Non-Applicable Review 38 o o o Review 37 o o 1 RIC Issues and Concerns Perimeter Securitv b2High It was also noted that communication between staff performing the fence inspection and the control center is hampered by the amount of radio traffic on channel one. Currently, the communication is broadcast on facility radios that can be overheard within the facility, including the housing units. This communication has the potential of being overheard by detainees who are then able to access the status of the fence alarm system. It is recommended that a vulnerability assessment/comprehensive review of the existing perimeter security be conducted to assess the threat posed to the institution and public, based on the existing Perimeter Security Program. Emergency Plans • Recommend the facility develop an Internal Search Plan as part of the Emergency Contingency Plans. Post Orders • Recommend the post orders and log books at the fixed posts on the main corridor be secured to prevent detainee access. Tool Control • Recommend a second person witness the destruction and disposal of worn and broken tools. FOR OFFICIAL USE ONL Y (LA W ENFORCEMENT SENSITIVE) 2 /3 Counts • Recommend the passes issued to detainees for movement within the facility be completed in their entirety, to include the Alien number. Detainee Handbook • Recommend the detainee handbook be updated to include the most recent ICE directive referencing the issue and control of disposable razors. Environmental Health and Safety - Related Program Issues • Recommend trash receptacles with lids be used within the facility to meet NFC 101. • Recommend the aftershave which is available for purchase in the detainee commissary be removed and replaced with one that contains no alcohol. • Recommend the hand sanitizer used throughout the facility be replaced with a type that does not contain alcohol. Food Service • Recommend the temperature controlled hot food transportation carts be plugged into electrical outlets before delivery and after arrival in the feeding areas. This will assist in maintaining hot food temperatures. • Develop capabilities to lock all food transportation carts used for satellite feeding in accordance with ICE Standards. Recommended Rating and Justification It is the Reviewer-in-Charge (RIC) recommendation that the facility receIve a rating of "Acceptable. " RIC Assurance Statement All findings of this review have been documented on the Detention Review Worksheet attached and are supported by the written documentation contained in the review file. FOR OFFICIAL USE ONL Y (LA W ENFORCEMENT SENSITIVE) 3 13 f~--'~ ?C reative ~corrections DETENTION FACILITY INSPECTION FORM FACILITIES USED LONGER THAN 72 HOURS A. Type of Facility Reviewed ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement G. Accreditation Certificates List all State or National Accreditation[s] received: ACA, JCAHO, NCCHC Check box if facilitv has no accreditationfs1 B. Current Inspection Type of Inspection Field Office IZI HQ Inspection Date[s] of Facility Review H. Problems / Complaints (Copies 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/Safetv Issues IZI Check if None.. o IZI o o o o o February 5-7, 2008 C. Previous/Most Recent Facility Review Date[s] of Last Facility Review Februarv6-8,2007 Previous Rating IZI Superior 0 Good 0 Acceptable 0 Deficient 0 At-Risk I. Facilitv Historv Date Built April 1984 Date Last Remodeled or Upgraded July 2005 Date New Construction / Bed space Added July 2005 Future Construction Planned IZI Yes 0 No Date: No specific sate, plans are being drawn. D N ame and Location of Facility Name Houston Contract Detention Facility Address (Street and Name) 15850 Export Plaza City, State and Zip Code Houston, Texas 77032 County Harris f Chief Executive Officer (Warden) b6,b7c Warden Tele nclude Area Code) (281) b6,b7c Field Office / Sub-Office (Office with oversight responsibility) Houston TX. Distance from Field Office 8 Miles Current Bed Space 905 K. Classification Level (ICE SPCs and CDFs Only: L-l L-2 Adult Male 100 577 Adult Female 94 6 Reviewer-In-Chafl~e b6,b7c L. Environmental Health and Safety b6 b6,b7c Facility Capacity Rated Operational L-3 76 5 Emergency Adult Male 740 740 0 Adult Female 165 165 0 Facility holds Juveniles Offenders 16 and older as Adults Food Service b6 Number: 595+ Date: No firm date. J. Total Facility Population Total Facility Intake for previous 12 months 11,501 Total ICE Mandays for Previous 12 months 319,363 E. Creative Corrections Review Team b6,b7c I Future Bed Space (# New Beds only) o Medical Security M F CDF/IGSA I n fiormatIOn 0 nly I Contract Number Date of Contract or IGSA ACD-3-C-00 15 10/0112003 Basic Rates per Man-Day $89.17 Other Charges: (If None, Indicate N/A) $1.87; $.95; $794.80; 22.73; $1.00 Estimated Man-days per Year 247,835 I I I Average Daily Population ICE AdultMale 774.6 Adult Female 96.3 N. Facility Staffing Level b2High FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) USMS Other I 0 0 0 0 I ort: 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 of ICE 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. Assaults Assault: Detainee on Staff Number of Forced Moves, inc!. Forced Cell Moves 2 Disturbances3 of Times Chemical # Times FourlFive Point Restraints Applied/Used Offender I Detainee Medical Referrals as a Result ofInjuries Sustained. Escapes Actual P P P P o o o o 4 2 6 2 P P P P o o o o o o o o o o o o o o o o o o o o N/A NIA NIA NIA N/A NIA N/A NIA o o o o o o o o o o o o o 3 4 Grievances # Received # Resolved in Favor of OffenderlDetainee Reason (V=Violent, I=II1ness, S=Suicide, A=Attempted Deaths Psychiatric I Medical Referrals # Psychiatric Cases Referred for Outside Care o o o o N/A NIA N/A NIA o o o o 49 54 47 60 3 3 2 o 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) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 2 of4 DHS/ICE DETENTION STANDARDS REVIEW SUMMARY REpORT 1. ACCEPTABLE 2. DEFICIENT 3. AT-RISK LEGAL Access to Legal Materials 1. 2. Group Presentations on Legal Rights Visitation 5. 6. 7. 8. 9. 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 of Clothing, Bedding, and Towels Marriage Requests Non-MedicalEmergency Escorted Trip Recreation Religious Practices V Work Pr{\or",m HEALTH SERVICES 18. Hunger Strikes 19. Medical Care 20. Suicide Prevention and Intervention Terminal Advanced Directives and Death 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 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 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 COMPLIANCE. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 3 of4 RIC REVIEW ASSURANCE STATEMENT 1 - - - - - - - - - - - - - - . - -.. -.------.--..... - .... -.-------.--.---.'--" .. --.--~.--------------.. By SIGNING BELOW, THE REVIEWER-IN-CHARGE (RIC) CERTIFIES THAT: 1. 2. --~.--.-- -···--··----·-----1 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 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 Location Creative Corrections Februa 8, 2008 Print Name, Title, & Duty Location b6,b7c b6 Print Name, Title, & Duty Location Print Name, Title, & Duty Location b6 b6,b7c RECOMMENDED RATING: o SUPERIOR o ~ o GOOD ACCEPTABLE DEFICIENT OAT-RISK COMMENTS: 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 ofthis 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 ___ -.!:!QDRO EXECUTIVE REVIEW: (please Print Name) G E.Mead Title Actin Director 0 Superior Good IZI Acceptable Deficient OAt-Risk DNoRating Final Rating: o o Comments: The Review Authority concurs with the "Acceptable" rating. The Field Office needs to address the RIC Issues and Concerns with the facility in regard to: Perimeter Security Emergency Plans Post Orders Tool Control Population Counts Detainee Handbook Environmental Health and Safety Food Service FormG-324A FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)