ICE Detention Standards Compliance Audit - Kinney County Detention Center, Brackettville, TX, ICE, 2008

• June 2, 2016 • Locations: United States of America -> Texas • Topics: Corrections Audits, Immigration

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ICE Detention Standards
Compliance Review
Kinney County Detention Center

May 27 - 29, 2008
REPORT DATE - June 5, 2008

reative
corrections
Contract Number: ODT-6-D-000 1
Order Number: HSCEOP-07-F-01016
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Executive Vice President
Creative Corrections
6415 Calder, Suite B
Beaumont, TX 77706
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COTR

u.s. Immigration and Customs Enforcement
Detention Standards Compliance Unit
801 I Street NW
Washington, DC 20536

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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reative

cor r e c t ion s .

6415 Calder, Suite B • Beaumont, Texas 77706
409.866.9920 • www.correctionalexperts.com
Making a Difference!

June 5,2008
MEMORANDUM FOR:

FROM:

Gary E. Mead, Acting Director
Office of Detention and Removal Operations
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Reviewer-In-Charge
Creative Corrections
SUBJECT:

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Kinney County Detention Facility

Creative Corrections conducted the Annual Detention Review (ADR) ofthe Kinney County
Detention Facility located in Brackettville, Texas, on May 27-29,2008. Kinney County has an
Intergovernmental Services Agreement (lGSA) with the United States Marshals Service (USMS)
which may be utilized by the Immigration and Customs Enforcement (ICE) to house detainees ..
Community Education Centers (CEC) manages the facility for Kinney County and they are
considering building an additional housing unit to accommodate ICE detainees. As noted on the
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attached documents, my team of Subject Matter Experts (SME) included
SME
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for Health Services
SME for Environmental Health and Safety;
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SME for Food Services.
SME for Security and
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meeting was held on May 29,2008, with Warden
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Special Assistant to Divisional Director, Community Education Centers, Inc., during
which all concerns and recommendations' were discussed.
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Type of Review:
This review is a scheduled Detention Standard Review to determine compliance with ICE
National Detention Standards for facilities used under 72 hours.
Review Summary:
The Kinney County Detention Center is not accredited by the American Correctional Association
(ACA), the National Commission on Correctional Health Care (NCCHC), or the Joint
Commission on Accreditation of Healthcare Organizations (JCAHO).

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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Standards Compliance:
The following statistical information provides a direct comparison of the May 2008, ADR and
the ADR conducted in May 2007.

May 22-23, 2007, Review
Compliant
Deficient
At Risk
Non-Applicable

35
0
0
3

May 27-29, 2008, Review
Compliant
Deficient
At Risk
Non-Applicable

35
0
0
3

RIC Issues and Concerns

Environmental Health and Safety
The facility should monitor the new Weekly/Monthly Life Safety Equipment Inspection Log
conducted and maintained by the Maintenance Supervisor to assure compliance with ICE
National Detention Standards and NFPA guidelines.
The facility should conduct monthly fire drills in accordance with ICE National Detention
Standard and NFPA 101 guidelines, and document emergency key time of issuance and time of
unlocking the doors during fIre drills.

Access to Medical Care
The facility should ensure that nursing assessments and clinical interventions to include
administering medications receive the required review and approval by the contract physician.
The facility should monitor their internal controls to ensure the nurses provide clinical care
within their scope of education and licensure per the Texas Nurse's Practice Act.
Controls and compliance reviews for effectiveness of new policies and procedures developed
during the review should be maintained. Specifically, detainees need to sign consent forms for all
medical treatment to include histories and initial physical examinations. Staff training for
identifying and monitoring hunger strikes and distributing medications should also be completed
and documented.

Special Management Units
The facility should ensure that detainees in the Special Management Unit receive five hours of
recreation per week.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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Kev and Lock Control
The facility should ensure that the staff member assigned to maintain keys and locks attends an
approved locksmith training program. The facility should ensure that entry/exit door keys on
daily issue and emergency key rings are notched for "no sight" recognition.

Recommended Rating and Justification
It is the Reviewer-in-Charge 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 RIC concerns.

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 ONLY (LAW ENFORCEMENT SENSITIVE)

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.........

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~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
~

o
o

G. Accreditation Certificates
List all State or National Accreditation[s] received:
~ Check box iffacility has no accreditationfs]

B. Current Inspection
Type of Inspection
Field Office
~ HQ Inspection
Date[s] of Facility Review
May 2ih _29th 2008

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 Significant Litigation Pending
Major Litigation
Life/Safety Issues
~ Check if None.

o
o

C. PreviouslMost Recent Facility Review
Date[s] of Last Facility Review
May 22-23, 2007
Previous Rating
Su~erior 0 Good ~ Acceptable 0 Deficient 0 At-Risk

o
o

Facility H'Istory
I
Date Built
December 2004
Date Last Remodeled or Upgraded
N/A
Date New Construction / Bed space Added
N/A
Future Construction Planned
Yes ~ No Date:

D N amean dL ocabon 0 fF aCllty
T
Name
Kinney County Detention Center
Address (Street and Name)
1501 Ranch Rd. 131
City, State and Zip Code
Brackettville, TX 78832
County
Kinney County
Name and Title of Chief Executive Officer
(Warden/OIC/Superintendent)
Warden
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Tele
Include Area Code)
830- b6,b7c
Field Office / Sub-Office (List Office with oversight
responsibilities)
San Antonio, TX
Distance from Field Office
100

Current Bed Space
384

I Future Bed Space (# New Beds only)
Number:

Date:

J. Total Facility Population
Total Facility Intake for previous 12 months
1,552
Total ICE Mandays for Previous 12 months

Classification Level_(ICE SPCs and CDFs Only
L-l
L-2
N/A
Adult Male
N/A
N/A
N/A
Adult Female

L-3

N/A
N/A

E Creative Corrections Review Team
L

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Facility C apaclty
Rated

Operational

Emergency

Adult Male
384
384
400
Adult Female
0
0
0
Facility holds Juveniles Offenders 16 and older as Adults

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F CDFIIGSA I norma
~
f IOn 01
DIY
Contract Number
Date of Contract or IGSA
April 1, 2007
M80-05-00 10
Basic Rates per Man-Day
$51.20
Other Charges: (If None, Indicate N/A)
$12.71 Per Hr Guard Services
Estimated Man-days per Year
134,200

Average Daily Population
ICE
AdultMale
0
Adult Female
0
N.

USMS

Other

375

Facility Staffing Level
ort:
b2High

fOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)

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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

With
Without
Assault:
Detainee on
Staff

S-O
P-l

S-o
P-O

S-O
P-I

0
Number of Forced Moves, inc!.
Forced Cell Moves2

# Times Four/Five Point
Restraints AppIiedlUsed
Offender / Detainee Medical
Referrals as a Result of Injuries
Sustained.
Escapes

Actual

Grievances
# Received
# Resolved in Favor of
OffenderlDetainee
Reason (V=Violent, I=I1Iness,
S=Suicide, A=Attempted

Psychiatric / Medical Referrals

Number
# Medical Cases Referred for
Outside Care
# Psychiatric Cases Referred
for Outside Care

None

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)

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DHSIICE DETENTION STANDARDS REVIEW SUMMARY REpORT
1. ACCEPTABLE

1. .

2.
3.

2. DEFICIENT

3. AT-RISK

4. REPEAT

5. NOT

FINDING

ApPLICABLE

Access to Legal Materials
Group Presentations on Legal Rights
Visitation
Access

DETAINEE SERVICES
5.
Admission and Release
6.
Classification System
7.
Correspondence and Other Mail
8.
Detainee Handbook
9.
Food Service
10.
Funds and Personal Property
11.
Detainee Grievance Procedures
12.
Issuance and Exchange of Clothing, Bedding, and Towels
13.
Marriage Requests
14.
Non-Medical Emergency Escorted Trip
15.
Recreation
16.

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 (Added

ALL FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND
WHAT IS NECESSARY TO REACH COMPLIANCE'.

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RIC REVIEW ASSURANCE STATEMENT
By signing below, the Reviewer-In-Charge (RIC) certifies that:
All findings of non-compliance with policy or inadequate controls, and fmdings 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.

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Title & Duty Location

Reviewer in Char e

SME - Medical

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, SME - Food Service

RECOMMENDED RATING:

COMMENTS:

SME - Securit

Print Name, Title, & Duty Location

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SME - Safet

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1ZI
o

SUPERIOR
GOOD
ACCEPTABLE
DEFICIENT
OAT-RISK

The Kinney County Detention Center does not authorize the use of Tasers in their facility.

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HEADQUARTERS EXECUTIVE REVIEW

I Review Authority
The signature below constitutes review of this report and acceptance by the Review Authority. OIC/CEO wiD have 30 days from
receipt of this report to respond to aU fmdings and recommendations.
HQDRO EXECUTIVE REVIEW: (please Print Name)
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Actin Chief, Detention Standards Com Hance Unit
Final Rating:

o Superior

o Good
o Deficient

I:8J Acceptable
OAt-Risk
ONoRating
Comments:

The Review Authority concurs with the recommended rating of "Acceptable". A Plan of
Action has been received regarding the deficiencies identified in the Environmental Health and
Safety, Special Management Unit, Access to Medical Care, and Key & Lock Control
Standards. The Review Authority concurs with the Plan of Action and this review is closed.

FormG-324A

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)