ICE Detention Standards Compliance Audit - Johnson County Law Enforcement Center, Cleburne, TX, ICE, 2008
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ICE'Detention·Standards Compliance Review Johnson County Law Enforcement Center October 7-9,2008 REPO.R T DATE ~October 16, 2008 r sa t ·iv·e, e,·o·; rret.~:l io ,':.0 's ' j Contrac' ODt -6-D-000I . .-. t N.umber: .' ,OIicler Number: BSCEOP-91'-F-O·1016 •, " ' . "..j .' '" ~ i b6 pxecuti ve Vice :President 'Cr.ea1iW'e Conrections ,,641 Q·Calder,Suite B ijeaumont; TX; 77706 .' CarR b6 U$.ilIjillti;gration and Customs£nforc;ement ' , j~~tentl:6nStandru-ds Oompliance Unit. " 801 I Street NW , .... ., I; OFFICIAL USE ONLY LAW ENFORCEMENT '. , .', , ,. reative corrections 6415 Calder, Suite B • Beaumont, Texas 77706 409.866 .9920 • www .correctionalexperts.com Making a Difference! October 16, 2008 MEMORANDUM FOR: FROM: James T. Hayes, Jr. , Director Office of Detention and Removal Operations b6,b7c ReviewerSUBJECT: } prv ~rge b6,b7c b6,b7c Johnson County Law Enforcement Center Initial Detention Review Creative Corrections conducted an Initial Detention Review of the Johnson County Law Enforcement Center, operated by Community Education Centers (CEC), and located in Cleburne, Texas on October 7-9, 2008. As noted on the attached documents, the team of Subject Matter Experts (SME) included b6,b7c b6,b7c SME for Health Services; SME for Safety; b6 b6 SME for Security; and SME for Food Service. b6,b7c A closeout meeting was conducted on October 9, 2008 with CEC Warden ; Johnson County Sheriff Bob Alford; Supervisory Detention and Deportation Officer ; CEC b6,b7c b6,b7c Special Assistant to the Regional Director and other key staff. Deficiencies, concerns, areas of strength, and other findings were discussed at this meeting. Type of Review This review was a scheduled Initial Detention Standard Review to determine general compliance with established Immigration and Customs Enforcement (ICE) National Detention Standards for potentially housing ICE detainees pending further review or removal. Review Summary CEC began management of the Johnson County Law Enforcement Center only five weeks prior to this review but has made significant progress implementing new policy and procedures, hiring and transitioning detention staff from the Sheriff s Department, and integrating into the local law enforcement community. The facility has a rated capacity of 776, an average daily population of 465, houses both male and female inmates, and presently has an unoccupied 184-bed unit. The facility currently is not accredited by the American Correctional Association (ACA), the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), or the National Commission on Correctional Health Care (NCCHC). Standards Compliance The following information summarizes the standards reviewed and the overall compliance for this review. October Compliant Deficient At-Risk Not-Applicable 2008 35 1 o 2 Key and Lock Control- Deficient ICE Detention Standard requires the facility to maintain an efficient system for the use, accountability, and maintenance of all keys and locks. • • • • • The Security Officer, or equivalent in IGSA's, has not attended an approved locksmith training program. The Security Officer, or equivalent in IGSA's, does not maintain inventories of all keys, locks, and locking devices. Procedures are not in place to ensure all key rings are identifiable and the numbers of keys are cited. Emergency Keys are not available for all areas of the facility. The facility does not use a key accountability system. -, Recommendation The Security Officer designee should attend an approved locksmith training program for associated certification. The trained security specialist should ensure that inventories are maintained on all keys, locks, and locking devices. Key rings should be easily identifiable via a numeric' or alphabetic designation affixed to the ring itself and the number of keys on each ring should also be clearly noted on each ring. Emergency keys should be available for all areas of the facility. Finally, all keys should be individually accounted for on a daily basis. • RIC Observations Best Practices CEC Policy CEC Policy is comprehensive and well written. Local policies closely align with ICE Detention Standards and include specific procedures or operational directives relevant to ICE detainees. Inmate Handbook The facility's handbook is comprehensive and offers a wide variety of useful information for new detainees participating in orientation. The handbook has sections specific to ICE detainees and is provided in both English and Spanish versions. 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 identify and implement necessary corrective actions for the noted deficiency. 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. 'D epartment Of Homelimd Security , Immignition and Customs E~forcem'ent I?etentionFacility Inspection Fonn Facilities Used Over 72 hours A. ' Type o( Facility ReViewed 0 , H. Problems / Comolaints (Conies must be attached) FacilitY is under Court Order or Glass Action Finding , Court Order 0 Class Action Order ,The Facility has Significant Litigation Pending ' MajorLitigation , , 0 Life/Safety Issues [8J Check if None, ' ICE Service Processing Center ICE Contract Detention Facility '[8J , ICE Intergovernmental Service Agreement B: 'Current Inspection ' Type oflnspection Field Office [8J HQ Inspection ! Date[s] of Facility Review ' o Th~ o o o Oct()ber 7-9, 2008 C. I ' PreviouslMo~t Recent Facility Review Dat~[s] of Last Facility Review ' Initial " Previous Rating Superior 0 Good 0 Acceptable 0 Deficient 0 At-Risk D N amean dL ocation of FacilIty o Name Johnson County Law Enforcement Center Address (Street and Name) 1800 Ridgemar - :. City, State and Zip Code Cleburne Texas 76031 , ,Coimty johnson ' ' ,Name and Title of Chief Executive Officer (Ward,enJOIC/Superintendent) Warden ' ' , ',' b6,b7c Telephone # (Include Area C~de) 817 b6,b7c Fjeld Office /Sub-Office (List Office with oversightr,esponsibilities) " ,', , , Dallas, Texas Distance,from Field Office 37 miles F aClTt Ity H·Istory Date Built 1988 Date L~st Remodeled or Upgraded 2006 Date New Construction I Bedspace Added nla Future Construction Plan,ned Yes [8JNo Date: Future Bedspace (# New Beds only) C~rrent Bedspace o 776 " '~ - " ,- Number: nlabate: c '" :0, .. Reviewer-in-Charge b6,b7c ' o , .. ' " " , " --~,' ,,; '.,. K. Classification Leyel(lCE SPCsand ,CDFs Only) - ,, L-1 ' L-2 , ' " L-3 Adult Male Adult Female I SME Security SME, Health Services b6 ' Total ICE Mandaysfor Previous,12,~ in,Qnths ' , b6,b7c ' " J. Total Facility Population , Total Fadlity Intake for previous 12 montQ.s ' 9420 E. CreatIVe Corrections ReView Team .. - " , , ME Food Service b6 , ., SME ~S'aft<ty and 'Occupational J.kalih b6,b7c , , , ', " - 0.th~r' Charges: (if None, JnqicateN/A) ;' ,$-IS';OQ ,per hour/Guard Servkes , ' Estimated Man~days Per Year ,-,' 24 , .~- , . , ,- , - . , I Adult Male ' I -A¢ult 'Female " ICE '· USlYlS Other ,0 369 '96 , :'0 0 0 ~ " , G: AccreditationGedificates . ' M. Average Daily 'Pooulation ' J " Facility Ca.paCity , . ·R ;.ted Operattonal ' Emergency , Adult'Male " 680 680 680 96 ' Adult female ' 96 96 D Facilitv holds Juveniles Offenders 16 and oJderas Adults ' f IOn 0 'DIy I 'F CDFIIGSA rnorma 1i "Contract Number ' I Date of Contract or IG~A March 20, 1989 ' N::>7J-M-732 Ba~ic Rtttes per Man-Day '.$5A,00 I - ' Ljst;all State or National Accreditation[sJ received: ,Texas Coniinis~ion on Jail Standa,"ds , ' [, ] Check box if facility has ,no accreditation[ s] N: .F'acility Staffing Level .. 'I 'secur.ity: '. b2High ', 1 ~Supp,0rt: ' , ' I . FQR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITlVE) , FonnG-324A SIS (Rev. 7/9/07) Depa'i:tment OfHometand Security . and Customs Enforcement Detentl9fi Facility Inspection Form , , Facilities Used Over 72 hours lmmi~iation Significant Incident Suminary Worksheet ," " . ForICE to complete its review of your facility"theJollowing information must be completed prior to the scheduled review dates. The infohnation on this form should contain data for the past twelve months in the boxes provided. The information on this form is used ·. in'conjmlction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE ~nd its detained population. This form should be filled out by the facility prior to the start of any inspection. F~ilure to complete this section will result in a delay in processing this report and the possible reduction or removal onCE; detainees at yo'ur facifity. o Assault: . Offenders on Offenders 1 , Assault: Detainee on Staff Number of Forced Moves, inc!. Forced Cell moves 3 o o ··0 0 o o 0 0 o o 0 0 o o 0 0 o o 0 0 ;3 1 2 # Times Four/FivePoint Restraints SlPplied/us~d OffenderIDetaint;e ,Me.9ical ' .. Referrals as a result'of,~' . sustained. ; ,c o 0 o 0 o o 0 o 4 6 c c c" 'c , 12 14 13 7 o 0 0 o 4· o o 0 Actual 90 78 ,5 5· o 0 0 0 o 0 0: 0 # Medical Cases.referred ~fQr Outside Care , 45 48 46 55· # Psychiatric Cases referred.for Outside Care . 4 5 3 3 104 # Received " -.'". 2, ,Any.attempted ,physical contact or physical contact th~t 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:d,etainees/offend'ers is not considered "forced" . , , Ally incident that involves four or'more detainees/offenders, includes gang fights, organized multiple hunger strikes, \vork stoppages, hostage situations, .. ' , major fires, or other large scale inciden~. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) , ' , Form G-324A ,SIS (Rev. 7/9/07) bei;artmerit Of Homeiimd Security Immigration and C~stonis Enforcement ' Detention Facility Inspection Form Facilities Used Over 72 hours .', , tion Standards Revjew Suinmary Report 2. Deficient 3. At Risk · 4. , , ble 5. Admission and Release 6. Classification System '7. Correspondence and Other Mail 8. Detainee Handbook 9. Food Service Funds and Personal Property 10. 11. Detainee Grie~ance Procedures 12. Issuance and Exchange of Clothing, Bedding, and Towels 13. Marriage Requests '' , " Non~Medical Emergency Escorted Tr ip ' 14. 15.R~creation 16. m '· 22. 23. 24. 25. 26. 27. ,28. 29. 30. 31. 32. 'C ontraband .' Detention Files ' Disciplinary Policy Emergency,Plans Environmental Health and Safety Hold Roomsin Detentio~ Facilities , Kiey'and ;Lock Control PopuiaiionCounts ,Post Orders Security,Ins,pections ' SpeciallVI~nagement Units (Administrative Segregation) , Spe,ciui :(VIao,agement Units (Discipliilary Segregation) 33~ 34; " ' rrool Control 35. ' ' T~~n~pOl:t~tion (Land, management) Use of For-ce,. ,36. ,'S't aff I Detainee Communication (Added August 2003) Detainee. Transf~r ' (Added, September '2904) .. .. , , All fi,ndings (Deficient and At-Risk) ,require:written comment describing the and whatis ·necessary to ;meet complia .. ce. . . . . finding . FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) , ' , . Form G-324A SIS (Rev. 7/9/07) . , . . ' . , Detention Facility Inspection Form Faciiities Used Over 12 hours , Departinent Of Homeland Security 'Immigration and Customs Enforcement ,J RIC Review Assurance Statement ' " By signing be,Iow, th~ Reviewer-In-Charge (RiC) certifies that alifindi~gs of noncompliance with policy or inadequate controls , contained the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, f1ndings' of noteworthy accoinplishmentsare supported by sufficient and reliable evidence. Within the scope of the review; the facility is operating in accorpancewith applicable law and policy: and property ap.d resources are efficiently used and adequately s..afeguarded, except for the " deficiencies noted in the report. ' , in Reviewer-In-Charge: (Print Name) b6,b7c b6,b7c Title & D'uty Location October 12,2008 Reviewer-in-Char e Team 'M embe rs - . . . ', , , Print Name, Title, & Duty Location . '~ ". "- " Print Naine; Title, & Outy Location , . ...i.,;:-." ,He,alth Services b6 :; Print Name, Title, & Duty Location b6 .. Food Service ' "'" b6,b7c Security Print~ame, title, & DutyLocation .. ' .- . .. , b6,b7c SafetY and Environmental Health , ;-- :, " . .' ~ . . ~.. .- Recommended Rating: . D Sup'erlor" , :'O 'Good ' 'IZ] Acceptable ' '~ D Deficient OAt-Risk ,Comments: ;CorrimunityEduc~tion Centers.(CEC) assumed management of the Johnson County Law Enforcement Center on Septethber' 1, 2008: The facility was previously managed ·bythe Jolmson County Sheriffs Department. The facility was clean, .Qrderly,an<;lCl;:C hasrnacte significant progress implementing new. ·policy and -.procedures in 'a short pedod ofti~e. . . . . . ." 'On April 17, 2008, , an inmate confined~t the Johnson County Law' Enforcement Genter on a fel(;my chal\ge of Accident ' b6,b7c involving InjuryiDeath Enhanced, escaped from custody by Inmate b6,b7c 'was , ' b2High designated a trustee 'prior to hisescape,and was working in the booking area." b6,b7c apprehended by US Marshals in the 'F n'rt Worth, Texas,' area without il1cident. Johnson County Sh~riffso.epartment and CEC have,implemented measures to review ' , trustee's.assignments, improv.~ tool accountability, 'an~ erisur~ closerstipervisi~n 9f inmate workers. . N~te: (1) Th~ ·"s~xual assmilt" "listed onthe Significlmt'lncident Summary Worksheet-was not'substantiated after .i~vestigation, (2)4he 'incident listed under "distUrbanc~s" was a.physical altercation between a small grol,lp of inmates, (3) the attempted escape was an , b2High incident which occurred on July 26, 2008,\~hen staff discovered a · b6,b7c 'Yascharged'in this incident. (4)The b6,b7c, b2High numbersJisted under "Of.fenderlDetainee Medicai Referrals as a result of injuries sustaine,c;l" includes all referrals to the medical department, this wbuld include falls, work injuries, and other injuries not necessary associated with physicaFaltercations ~ FOR OFFICIAL USE ONLY (LA W ENFORCEMENT SENSITIVE) Form G-324A SIS (Rev. 7/9/07) MANAGEMENT REVIEW .j jReview Authority The signature below constitutes review ofthis report and acceptance by the Review Authority. FOD/OIC/CEO will have 3 I I . from receipt of this report to respond to all findings and recommendations. HQDRO MANAGEMENT REVIEW: (Print Name) b6,b7c b6,b7c b6,b7c Date Actin Chief, Detention Com liance Unit Final Rating: D Superior DGood IZl Acceptable D Deficient D At-Risk Comments: The Review Authority concurs with the recommended rating of "Acceptable". A Plan of Action is needed to address the Key and Lock Control, Access to Legal Materials, Environmental Health and Safety, and Security Inspections standards. Form G-324A FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)