ICE Detention Standards Compliance Audit - Lea County Detention Center, Lovington, NM, ICE, 2008

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

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ICE Detention Standards
Compliance Review
Lea County Detention Center

February 11-12,2008
Report Date - February

18~

2008

reative

corrections

Contract Number: ODT-6-D-OOO 1
Order Number: HSCEOP-07-F-0 10 16
b6

Executive Vice President
Creative Corrections
6415 Calder, Suite B
Beaumont, TX 77706

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

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

111

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

February 18, 2007
MEMORANDUM FOR:

FROM:

John P. Torres, Director
Office of Detention and Removal
b6,b7c

Reviewer-In-Charge
Creative Corrections

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b6,b7c, Non-Responsive

Lea County Detention Center Annual Detention Review

SUBJECT:

Creative Corrections conducted an Annual Detention Review (ADR) of the Lea County
Detention Center (LCDC), located in Lovington, New Mexico on February 11-12,2008. Lea
County Detention Center has a contract with the United States Marshals Service and operates the
facility with county employees. As noted on the attached documents, the team of Subject Matter
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included:
for Security;
for Health Services;
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for Safety; and
for Food Services.
A closeout meeting that included a discussion of all deficiencies, concerns and recommendations
noted during the review was conducted with Chief of Security b6,b7c and Captain b6,b7c of
b6,b7c
LCDC on February 12,2008. Immigration Enforcement Agent
of the Pecos
Sub-Office who toured with us on Monday, February 11, was not available for the meeting.

Type of Review:
This review is a scheduled Detention Standard Review to determine general compliance with
established ICE National Detention Standards for facilities used for under 72 hours.

Review Summary:
The facility is not currently accredited by any nationally recognized organization.

Standards Compliance:
The following statistical information provides a direct comparison of the 2004 ADR and this
ADR conducted for 2008. The current review was performed at the Detention Center opened in
2005.

December 4, 2004 Review
25
Compliant
1
Deficient
o
At-Risk
2
Not-Applicable

February 11-12,2008 Review
Compliant
27
Deficient
0
At-Risk
0
Not-Applicable
1

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ,

113

,RIC Issues and Concerns
Access to Telephones
•

The telephone number for the DIG is not programmed into the Detainee Phone System.
The facility staff will try to provide that service with the assistance ofICE staff.

Detainee Handbook
•

Procedures for emergency phone calls, procedures for "high demand" periods of
telephone usage, and any "Detainee Message System" were not addressed in the rules and
regulations.

Environmental Health and Safety
•

LCDC should petition the local and/or the state Fire Marshal to approve the Safety and
Emergency Plans.

•

While LCDC has a system for controlling hazardous materials, management should
develop a more comprehensive program for all flammable, caustic and toxic chemicals to
include:
o

Up-to-date manufacturers' Material Safety Data Sheets in each area with constant
inventories.

More "compatible" storage areas with spill containment.

o Training for staff with specific chemicals used at the facility.
o Fabrication and use of security cages for the corrosives used in the Food Service
and Laundry areas.

Access to Medical Care
•

Procedures for emergency phone calls, procedures for "high demand" periods of
telephone usage, and any "Detainee Message System" were not addressed in the rules and
regulations.

•

The standard on medical care indicates that medical screening includes a tuberculosis
(TB) test. Generally, TB tests are administered on all detainees upon admission to the
facility. LCDC staff did report that occasionally a newly arrested detainee is removed
from the facility before a TB test can be administered. While this information is
accurately reflected on the release paperwork, it is recommended that all detainees be
administered a TB test during the screening process. If the detainee is transferred in a
short period of time, the information regarding the newly administered TB test could then

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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be included in the medical transfer information for follow-up at the next facility. This
would facilitate identifying positive test results in a timely manner for all holding
facilities involved.

Emergency Plans
•

Lea County Detention Center should have stand alone emergency plans which address
Food Strikes and Adverse Weather conditions, as required by ICE standards.

Tool Control
•

Even though Lea County Detention Center does not secure "tools" inside the secure
perimeter and does not have any tool classified, it is highly recommended that the facility
develop and implement a tool classification and control system. This system should
include:
o

Procedures for marking tools, making them readily identifiable.

Procedures for inventorying and destruction of tools.

Recommended Rating and Justification
It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of
"Acceptable." While a Plan of Action is not required, the Field Office should address the RIC
Issues and Concerns noted above with the facility.

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.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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DETENTION FACILITY INSPECTION FORM
FACILITIES USED LESS THAN 72 HOURS
A. TYPE OF FACILITY REVIEWED
ICE Service Processing Center
ICE Contract Detention Facility
ICE Intergovernmental Service Agreement
IZI

Other Charges: (If None, Indicate N/A)
Guard Service; $14,481hr;
0 N/A
Estimated Man-days per Year

o
o

G. ACCREDITATION CERTIFICATES IZI N/A
List all State or National Accreditation[s] received:

B. CURRENT INSPECTION
Type of Inspection
Field Office IZI HQ Inspection
Date[s] of Facility Review
February 11-12,2008

H. PROBLEMS 1 COMPLAINTS (COPIES MUST BE ATTACHED)
The Facility is under Court Order or Class Action Finding
Court Order
0 Class Action Finding
The Facility has Significant Litigation Pending
Major Litigation
0 Life/Safety Issues
IZI None

o
o

C. PREVIOUS/MOST RECENT FACILITY REVIEW
Date[s] of Last Facility Review
December 9,2004
Previous Rating
Superior 0 Good IZI Acceptable 0 Deficient 0 At-Risk

D NAME AND LOCATION OF FACILITY
Name
Lea County Detention Center
Address
1401 S. Commercial
City, State and Zip Code
Lovington, NM 88260
County
Lea
Name and Title of Chief Executive Officer
(Warden/OIC/Superintendent)
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Warden
Telephone Number (Include Area Code)
575- b6,b7c
Field Office / Sub-Office (List Office with Oversight)
Pecos Sub-Office
Distance from Field Office
350
E. ICE INFORMATION
Name ofInspector (Last Name, Title and Duty Station)
b6,b7c
/ RIC / Creative Corrections
Name of Team Member / Title / Duty Location
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/ SME-Security / Creative Corrections
Member / Title / Duty Location
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/ SME-Health Services / Creative Corrections
Name of Team Member / Title / Duty Location
5MB-Safety / Creative Corrections
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Name of Team Member / Title / Duty Location
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/ 5MB-Food Services / Creative Corrections
F. CDFIIGSA INFORMATION ONLY
Contract Number
Date of Contract or IGSA
51-99-0206
November 1,2002
Basic Rates per Man-Day
$65.50

I. FACILITY HISTORY
Date Built
September 2005
Date Last Remodeled or Upgraded
N/A
Date New Construction / Bed Space Added
N/A
Future Construction Planned
DYes IZI No Date:
Current Bed space
Future Bed Space (# New Beds only)
400
Number:
Date:

TOTAL FACILITY POPULATION
Total Facility Intake for Previous 12 months
3613
Total ICE Man Days for Previous 12 months
536

K. CLASSIFICATION LEVEL (ICE SPCs AND CDFs ONLY)
L-l
L-2
L-3
I AdultMale
I Adult Female
L. FACILITY CAPACITY
Operational
Rated
Emer2ency
Adult Male
352
Adult Female
48
Facility Holds Juveniles Offenders 16 and Older as Adults

o
M . AVERAGE DAILY POPULATION
ICE

I AdultMale

USMS

I Adult Female
N. FACILITY STAFFING LEVEL

b2High

ort:

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/3/07)

Other
136
36

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 ofICE 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.

Assault:
Offenders on
Offenders l

With
Without

Assault:
Detainee on
Staff

Number of Forced Moves, inc!.
Forced Cell Moves3
Disturbances4
of Times Chemical

Escapes
Actual
Grievances:
# Received
# Resolved in Favor of
OffenderlDetainee
Reason (V=Violent, I=Illness,
S=Suicide, A=Attempted

Deaths

Physical

Other

# Times FourlFive Point
Restraints AppJied/Used

Offender / Detainee Medical
Referrals as a Result ofInjuries
Sustained.

Physical

Psychiatric / Medical Referrals
# Psychiatric Cases Referred
for Outside Care

C-2

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,

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DHS/ICE DETENTION STANDARDS REVIEW SUMMARY REpORT
1. ACCEPTABLE

5.
6.
7.

2. DEFICIENT

3. AT-RISK

4. REPEAT
FINDING

5. NOT
APPLICABLE

Classification System
Detainee Handbook
Food Service
Funds and Personal Property
Detainee Grievance Procedures
Issuance and Exchange of Clothing, Bedding, and Towels
Practices

Suicide Prevention and Intervention
AND CONTROL
Contraband
Detention Files
Disciplinary Policy
Emergency Plans
Environmental Health and Safety
Hold Rooms in Detention Facilities
Key and Lock Control
Population Counts
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

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14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.

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 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.

Signature
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Title & Duty Location

Date

RIC, Creative Corrections

February 13, 2008

SME-Safe ,Creative Corrections

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SME-Securi ,Creative Corrections

RECOMMENDED RATING:

SME-Food Services, Creative Corrections

Print Name, Title, & Duty Location

Print Narne, Title, & Duty Location

SME-Health Services, Creative Corrections

SUPERIOR

o
IZI ACCEPTABLE
o
GOOD

DEFICIENT

OAT-RISK

There were two disturbances noted on the Significant Incident Summary data provided. A summary of each incident
is provided below:
Incident of 9/11107: The incident involved a disruption in normal operations in Tango C&D pods. Several inmates were upset about a
perceived shortage of food for the evening meal. The perception resulted from a similar event on 9-9-07 when inmates were served a
single hot dog instead of two as usual. On 9-9-07, an enchilada had been substituted for the second hot dog. The inmates in TangoC&D units perceived a single, smoked sausage (the equivalent of two hot dogs) as a shortage of food. The resulting disturbance
required the assistance of the LCSO CERT team to extract the disruptive inmates who refused to enter their cells at 6:45 pm. Before
the CERT team entered the units at 9:00 pm several small fITes were set and minor damage to the units ensued. The incident remains
under investigation for possible charges against the inmates involved. No systemic failures seemed to contribute to this incident.
COMMENTS:

Incident of 12/12/07: The incident involved a disruption in normal operations in Delta - A pod. Sixteen inmates flooded their cells in
an apparent attempt to support other inmates involved in a "two-meal hunger strike". All those involved were placed in the high
security unit without incident. Disciplinary reports were filed against all those who participated, Major #5 Disruptive Conduct. The
cases are being adjudicated.
LCDC Staff and Administration were very responsive and listened intently to the team's issues and concerns. The facility is a good
candidate for use as an 0-72 facility if needed.

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