ICE Detention Standards Compliance Audit - Lea County Detention Center, Lovington, NM, ICE, 2008
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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 ~ ,t- \. 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 b6, b7c b6 b6,b7c included: for Security; for Health Services; b6,b7c b6 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. o 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) 2/3 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. o 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) 3/3 ,to'''~""~ l. . C,reative , corrections 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 o 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 o 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) b6,b7c 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 b6,b7c / SME-Security / Creative Corrections Member / Title / Duty Location b6 / SME-Health Services / Creative Corrections Name of Team Member / Title / Duty Location 5MB-Safety / Creative Corrections b6,b7c Name of Team Member / Title / Duty Location b6 / 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 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: I J. 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 98 I Adult Female N. FACILITY STAFFING LEVEL I 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 Physical Physical 0 0 0 0 29 15 0 0 Physical Physical Physical Physical 2 0 0 0 4 2 0 0 3 2 0 0 0 0 0 0 0 0 0 0 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 0 0 0 0 3 2 5 0 0 0 0 0 0 0 0 0 9 0 0 0 3 0 0 0 0 0 0 0 0 0 0 9 9 8 14 4 2 J I 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, 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 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 I""'TTlnT'T"T 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 3 of4 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 b6,b7c b6,b7c Title & Duty Location Date RIC, Creative Corrections February 13, 2008 SME-Safe ,Creative Corrections b6,b7c b6,b7c SME-Securi ,Creative Corrections RECOMMENDED RATING: b6 SME-Food Services, Creative Corrections Print Name, Title, & Duty Location Print Narne, Title, & Duty Location o b6 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 4 of4