ICE Detention Standards Compliance Audit - Kinney County Detention Center, Brackettville, TX, ICE, 2007
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• 'ice of Detention and Removal Operations '. Department of Homeland Security 8940Fourwinds Drive San Antonio, Texas 78239 U.s. Immigration and Customs Enforcement June 08, 2007 MEMORANDUM FOR: John P. Torres Director of Detention and Removal Headquarters Detention ~nd RemovAaoerations FROM: Reviewer- in h San Antonio Detention and Removal Operations SUBJECT: Review Summary Report for Kinney County Detention Center Annual Detention Review b6,b7c b6,b7c On May 22, through May 24, 2007 a review ofthe Kinney County Detention County Center located within the San Antonio Region was conduc was performed under the supervision of b6,b7c Reviewer- in Charge (RIC). lEA, from the Laredo Texas Sub b6,b7c Office, which is also in the San Antonio Region, assisted the RIC. The review measured compliance with the National Detention Standards Operations; Attached to this memorandum is a copy of the original G-324a Detention Inspection Form and a copy of the worksheet. All original worksheets and working papers are maintained in the appropriate file system and are available for review by the Review Authority. Type of Review: This is the second annual review conducted by officers assigned to the San Antonio Region as directed by HQDRO. This review was conducted again to ensure the facility complies with the National Detention Standards Operations. At the time this inspection was conducted, the Agency had no detainees at this facility. Review Summary: Although this facility had no detainees at the time of our inspection, it was determined through the review that the Kinney County Detention Center is presently operating at overall "Acceptable" level. The team members have identified a couple of minor issues. All of these issues have been discussed with the facility's Administrators, and they have indicated that they would be in full compliance with all the elements in each standard discussed. Subject: Detention ReviaSummary Report Page 2 - • Review Findings: Considering that this facility had no detainee at the time of our inspection, they have kept up with all the elements in the National Detention Standards. We identified a couple of minor issues on some of the standards during our inspection. Each of those standards are identified and a short summary have been provided regarding those standards or procedures that we discussed with their Administrator. Standards Summary Findings: There were several standards that were modified, corrected, and implemented during our inspection, which placed this facility overall in compliance with the National Detention Standards. Admission and Release The findings under the standard for the Detainees Fund and Personal Property were determined to be in compliance with the ICE National Detention Standards. During our inspection and after their corporate office personnel modified their funds and personal property receipts to have two officers' signatures did they meet the ICE National Detention Standards. The Administrator was going to put an SOP for all staffs involved in the process within a week to notify them of the new changes. Health Service Their Hunger Strike syllabus policy was not notated in their training curriculum. The Administrator indicated that this subject is always discussed during their orientation by their medical staff. They submitted a modified training curriculum with the changes during our inspection to meet the National Detention Standards. Classification At the time this inspection was conducted, the Agency had no detainees at this facility. The San Antonio Resident office has a Standard Operation Procedure (SOP) pending regarding the classification of detainees place in the San Antonio Resident Region. All detainees placed within the San Antonio Resident Region will have the initial classification on their 1-203. This facility's classification procedures comply with the National Detention Standards, which will be utilized in case a detainee needs to be reclassified after being place in their jail. Detainee Telephone Access At the time of this inspection was conducted the Agency had no detainees at this facility. This facility was given the latest Pro- Bono list during the inspection to post in their units. Arrangements . to install the PCS telephone system will be made once ICE approves the placement of detainees in this facility. Preferably before detainees are place in this facility. They meet the minimum ratio of one telephone per 25 detainees in their dorm areas. Currently this facility telephone system had a telephone message that notifies detainees that their telephone calls might be monitored, but the Administrator went ahead and made signs and had them posted next to the detainee's telephones as require under the National Detention Standards. Correspondence and other mail Subject: Detention Revi~ummary Report Page 3 • This facility amended their policy to read that if their staffs encounter original identity documents (passport, birth certificates etc.) they will immediately removed and forward them to ICE staff for placement in A-files. It also states that they would automatically provide a copy to the detainee and place them in their property. Issuance and Exchange of Clothing, Bedding, and Towels This facility issues three pair of socks and undergarments to all incoming detainees. This facility meets the National Detention Standards in regards to having daily exchange of these items. The facility conducts laundry twice a week giving the detainees the opportunity to exchange their socks and undergarments and provide them with clean exchanged daily as required under the National Detention Standards. Terminal Illness, Advanced Directives, Do Not Resituate Order This facility has and meets the National Detention Standards under these elements, but the Administrator modified their policy during our inspection to read that if they receive detainees that are Terminal Illness they would notify the ICE personnel and have the detainee moved from their facility. The facility Administrator said that their facility is not equipped to handle these types of detainees. They made the modification in their policy to read that, otherwise their policies will difference their practice. Voluntary Work Program At the time this inspection was conducted, the Agency had no detainees at this facility. This facility will not have ICE detainees participating in the Voluntary Work Program. ICE detainees will still be responsible to maintain their living areas clean. RIC Observations: I was impressed with the way this facility was ready for our inspection and with their cooperation throughout the inspection. At the time this inspection was conducted, the Agency had no detainees at this facility. The facility was well kept and their staffs were sharp in answering any questions we had. RIC Issues and Concerns I had no issues or concerns with this facility. Recommended Rating and Justification: It is the Reviewer in Charge recommendation that the facility receive a rating of "overall." Acceptable ". RIC Assurance Statement: All findings of this review have been documented on Form G-324A and are supported by the written documentations contained in the review file. HEADQUARTERS EXECUTIVE REVIEW I Review Authority The signature below constitutes review of this 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. HQDRO EXECUTIVE REVIEW: (Please Print Name) rI21 b6,b7c b6,b7c b6,b7c v Title 'JUL 1 Chief <"I .j 2007 0 Superior Good I:8.J Acceptable Deficient OAt-Risk No Rating Final Rating: o o o Comments: The Review Authority concurs with the Acceptable rating. Form G-324A (Rev. 8/1/01) No Prior Version May Be Used After 12/31/01 It Detention Facility Inspection Form Facilities Used Over 72 hours Department Of Homeland Security Immigration and Customs Enforcement A. Type of Facility Reviewed ICE Service Processing Center ICE Contract Detention Facility rgJ ICE Intergovernmental Service Agreement o o o D /" rgJ Check box if facility has no accreditation[ s] B. Current Inspection Type ofInspection rgJ Field Office 0 HQ Inspection Date[ s] of Facility Review May 22- May 23, 2007 C. PreviouslMost Recent Facility Review Date[ s] of Last Facility Review Apri.l27-28,2006 Previous Rating Superior 0 Good rgJ Acceptable 0 Deficient G. Accreditation Certificates List all State or National Accreditation[ s] received: / . / H. Problems / Complaints (Copies must be attached) The Facility is under Court Order or Class Action Finding Court Order Class Action Order The Facility has Sig~cant Litigation Pending rgJ Major Litigation. 0 Life/Safety Issues Check if None. o / 0 At-Risk ny N amean dL oca f IOn 0 fF aCITt Name Kinney CountyDetention Center Address (Street and Name) 1501 RR 1331 ./ City, State and Zip Code Bracketville, Texas 78832 County Kinney Name and Title of Chief Executive Officer (Warden/OIClSuperintendent) b6,b7c Warden Tel nclnde Area Code) 830 b6,b7c Field Office I Sub-Office (List Office with oversight responsibilities) San Antonio, Texas Distance from Field Office 136 miles / E. ICE Information Name of Inspector (Last Name, Title and Duty Station) 1 Supervisory Immigration Customs Agent/ b6,b7c San Antonio Name of Team Member 1 Title 1 Duty Location b6,b7c 1 Immigration Customs Enforcment 1 San Antonio, Texas Name of Team Member 1Title 1Duty Location 1 1 Name of Team Member 1 Title 1Duty Location 1 1 o o I. Facilitv Historv Date Built December 2004 /' Date Last Remodeled or Upgraded N/A Date New Construction 1 Bedspace Added N/A Future Construction Planned rgJ Yes 0 No Date: 01108 Current Bedspace I Future Bedspace (# New Beds only) 384 Number: 400 Date: 01108 J. Total Facilitv Population Total Facility Intake for previous 12 months 1483 Total ICE Mandays for Previous 12 months o K. Classification Level (ICE SPCs and CDFs Only) I Adult Male I Adult Female L-I L-2 L-3 N/A N/A N/A N/A N/A N/A L. Facility Capacity Rated Operational Eme..gency Adult Male 384 400 384 Adult Female 0 0 0 Facilitv holds Juveniles Offenders 16 and older as Adults o . A verage D al'1 y PopuI atlOn ICE r Adult Male 0 I Adult Female 0 M• 1 my F CDFIIGSA I norma f f Ion 01 Contract Number Date of Contract or IGS/ M80-05-00 10 April 01, 2007 Basic Rates per Man-Day $51.20 Other Charges: (If None, Indicate N/A) .. $12.71 per hours; , , Estimated Man-days Per Year $122,000 I USMS"" 393 42 Other 0 27 N. Facility Staffing Level port: I b2High Form G-324A (Rev. 8/l3/04) No Prior Version May Be Used After 10/1104 • • Significant Incident Summary Worksheet For ICE to complete its review of your facility, the following information must be completed prior to the scheduled review dates. The information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained population. This form should be filled out by the facility prior to the start of any inspection. Failure to complete this section will result in a delay in processing this report and the possible reduction or removal ofICE' detainees at your facility. Assault: Offenders on Offenders! P-7 p-o 0 0 7 0 3 3 s-o S-O P-O S-O P-O 0 0 o p-o 0 0 o With WithoutW P-O Assault: Detainee on Staff # Times Four/Five Point Restraints applied/used Type (C=Chair, B=Bed, BB=Board, O=Other) Offender / Detainee Medical Referrals as a result of uries sustained. Escapes / o o o 0 Number of Forced Moves, inc!. Forced Cell moves 3 S-O o o 0 0 0 0 0 0 o o M-O V-O M-O V-O M-O V-O M-O V-O o 0-0 0-0 0-0 0-0 C-O B-O BB-O C-O B-O BB-O C-O B-O BB-O C-O B-O BB-O 0-0 0 0-0 0 0-0 o 0-0 15 0 0 o o 0 0 o o Actual 0 Grievances: # Received # Resolved in favor of Offender/Detainee Reason (V=Violent, I=IIIness, S=Suicide, A=Attempted Deaths Psychiatric / Medical Referrals # Medical Cases referred for Outside Care 0 0 o o NONE NONE NONE NONE 0 0 o o 7 4 10 5 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. Form G-324A (Rev. 8/13/04) No Prior Version May Be Used After 10/1/04 e e # Psychiatric Cases referred for Outside Care 2 Form G-324A (Rev. 8/13/04) No Prior Version May Be Used After 10/1/04 • 1. 1. 2. 3. 4. 2. 3. 4. 5. Access to Legal Materials Group Presentations on Legal Rights Visitation T Access Detainee Services 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 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-Medical Emergency Escorted Trip 18. 19. 20. 21. Hunger Strikes Medical Care Suicide Prevention and Intervention Terminal Advanced Directives and Death Seeu 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Contraband 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 Segregation) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force Staff 1 Detainee Communication (Added August 2003) Detainee Transfer (Added September 2004) All findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet compliance. Form G-324A (Rev. 8113/04) No Prior Version May Be Used After 1011/04 RIC Review Assurance Statement • By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate controls contained in the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, findings of noteworthy accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating in accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the deficiencies noted in the report. Reviewer-In-Charge: (Print Name) b6,b7c b6,b7c . Title & Duty Location / Superviasory Immgration Customs Agent 1 San Antonio, Texas J June 7, 2007 Team Members Print Name, Title, & Duty Location Print Name, Title, & Duty Location b6,b7c Immigartion Customs Enforcement Officer San Antonio, Texas Print Name, Title, & Duty Location Recommended Rating: Print Name, Title, & Duty Location D Superior DGood ~ Acceptable D Deficient D At-Risk Comments: The finding of are supported by the findings of the review team and are documented within the Form G-324A and accompanying worksheets. Form G-324A (Rev. 8113/04) No Prior Version May Be Used After 10/1/04 • MANAGEMENT REVIEW [Review Authority The signature below constitutes review of this report and acceptance by the Office of Detention and Removal. The Facility has 30 days from receipt of this report to respond to all findings and recommendations. HQDRO MANAGEMENT REVIEW: (Print Name) Signature Title Date Final Rating: D Superior DGood D Acceptable D Deficient D At-Risk Comments: Form G-324A (Rev. 8113/04) No Prior Version May Be Used After 10/1/04