ICE Detention Standards Compliance Audit - Luna County Detention Center, Deming, 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
Luna County Detention Center

February 14-15,2008
Report Date - February 21,2008

reative
cor r e c ti 0 n. s
Contract Number: ODT~6-D-000I
Order Number: HSCEOP-07-F-OI016
Executive Vice President
~H""LY" 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)

i'Cilreative
.
~i"
cor r e c tiD OS

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

February 21,2007
MEMORANDUM FOR:

FROM:

John P. Torres, Director
Office of Detention and Removal
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Reviewer-In-Charge
Creative Corrections

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Luna County Detention Center Annual Detention Review

SUBJECT:

Creative Corrections conducted an Annual Detention Review (ADR) of the Luna County
Detention Center (LCDC), located in Deming, New Mexico on February 14-15,2008. The
County has a contract with the United States Marshals Service and operates the facility with
c o u n t y . As noted on the attached documents, the team of Subject Matter Experts
.
Health Services;
Safety;
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A closeout meeting that included a discussion of all deficiencies .concerns and recommendations
noted during our review was conducted with Jail Administrator
and Deputy
~fLCDC on February 15,2008.

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 2006 ADR and this
ADR conducted for 2008.

November 2, 2006 Review
27
Compliant
o
Deficient
o
At-Risk
1
Not-Applicable

February 14-15,2008 Review
Compliant
25
Deficient
2
At-Risk
0
Not-Applicable
1

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) .

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Detainee Grievance Procedures Deficient
Every facility will develop and implement standard operating procedures (SOPs) for addressing
detainee grievances in a timely fashion. Each step in the process will occur within the prescribed
time frame. Among other things, a grievance will be processed, investigated, and decided
(subject to appeal) in accordance with the SOPs; a grievance committee will convene as provided
in the SOPs.. Standard procedure will include providing the detainee with a written response to
any formal grievance, which will include the basis for the decision. The facility will also
establish standard procedures for handling emergency grievances. All grievances will receive
supervisory review. Reprisal against the filer of a grievance will not be tolerated.
•

The Luna County Detention Center does not have a detainee grievance log or alternative
record keeping system for recording, assigning and resolving detainee grievances .

. Recommendations·
•

Develop a system for recording, assigning and tracking the responses to detainee
gnevances.

Environmental Health and Safety Deficient
Each facility will establish a hazardous materials program for the control, handling, storage, and
use of flammable, toxic, and caustic materials. This will protect detainees, staff, and visitors,
. preventing breaches in safety and security. Among other things, the facility will include the
. identification and labeling of hazardous materials in accordance with applicable regulations,
standards and codes (Occupational Safety and Health Administration (OSHA), National Fire
Protection Association, etc); will provide warnings of incompatible materials, etc. Every facility .
will establish a system for storing, issuing, and maintaining inventori~s of and accountability for
hazardous materials.
•

The reviewers observed corrosive materials stored on shelves andlor floors without spill
protection.

•

Personnel do not receive formal chemical control training; therefore prescribed
procedures are not consistently followed.

•

Constant inventories were not maintained for all areas.

.. The reviewers observed unsecured corro$ive chemicals in the food service and laundry
areas.
•

The Luna County Detention Center does not have a fire plan approved by the local or
state Fire Marshal.

•

Posted Fire evacuation plans need to be updated to include the symbols identifying the
location of the plan with directional arrows of egress. Slide bolts, padlocks and chains
were in use on the doors leading to the safe refuge areas and secondary fire exits, which
are not compliant with NFP A requirements for detention facilities. During the review,

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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the jail administrator took corrective action regarding the slide bolts used on the doors to
------~-----4thhe~ar~e~$~ofh~efurnge~.----------------------------.~---------------

Recommendations
•

Establish procedures for proper storage and inventory control of all hazardous chemicals.

•

Develop and implement chemical control training for all personnel.

•

Update fire evacuation plans with appropriate symbols to identify the plan location and
direction of egress.

•

Provide copies of the Luna County Fire Prevention Procedures and Equipment and Fire
Emergency Procedures to the local or state Fire Marshal for approval.

•

Replace padlocks and chains with NFPA approved prison type locking devices.

RIC Issues and Concerns
Access to Telephones Detainee
•

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

Detainee Handbook
Policy and procedures for emergency phone calls and the Detainee Message System were not
addressed in the rules and regulations.

Access to Medical Care
•

Infections waste storage is maintained in an enclosed room with various other medical
supplies, medical records, CPR equipment and discarded office equipment. As it is a
common community standard to store infectious waste in an isolated area, LCDC should
find space to store only the infectious waste products.

•

As there is no system in place for needle or syringe accountability, LCDC should develop
and implement a process to inventory and monitor needle and syringe usage. An
accountability form signed by the medical staff each shift to doc\lffient the use of needles
or syringes as they are used while performing an inventory of all stock would suffice.

Emergency Plans
•. As LCDC does not have stand alone emergency plans addressing WorkIFood Strikes or
Adverse Weather conditions as required by ICE standards. Written policies and
procedures should be formulated to provide guidelines for staff in the event these
emergency situations occur.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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Tool.Control .
•

Luna County Adult Detention Facility does not have a system for key accountabilitY and
should implement procedures for Identifying every key on the key ring; as to the area that
it operates. This system could:
o

Separate keys by area (East vs. West sides of the facility).

Separate emergency keys from others.

Establish a key accountability system.

Recommended Rating and Justification

It is the Reviewer-in:-Charge (RIC) recommendation that the facility receive a rating of
"Acceptable." While the slide bolts were removed from use during the review and mitigated a
critical life safety issue, it ·is recommend6dby the RIC that a Plan of Action be required for this
facility identifying necessary corrective actions for the deficient standards noted above.

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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r:';"";~

~) e r e at i v e

~~------~~----~~-----i'~~.~"~d'~cLL~~c~t~i~o~n~sL-__~_________~________~__
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

o
o

Other Charges: (If None, Indicate N/A)
; 0 N/A

$ 151hr;

Estimated Man-days Per Year
150,000

G~ ACCREDITATION CERTIFICATES 0 N/A
List all State or National Accreditation[s] received:
New Mexico Association of Counties

CURRENT INSPECTION
Type of Inspection
Field Office IZI HQ Inspection
Date[s] ofFac~ity Review
February 14-15,2008
B.

C. PREVIOUS/MOST RECENT FACILITY REVIEW
Date[s] of Last Facility Review
November 2, 2006
Previous Rating
Superior 0 Good IZI Acceptable 0 Deficient 0 At-Risk

D. NAME AND LOCATION OF F

Name
Detention Center

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

I. FACILITY HISTORY
Date Built
April 1999
Date Last Remodeled or Upgraded
N/A

Date New Construction 1Bed Space Added
N/A

CXt;~UL.l VI;:

. Future Construction Planned
IZI Yes 0 No Date: 4/08
Current Bed space
Future Bed Space (# New Beds only)
416
Number: 0 Date:

Officer

J. TOTAL FACILITY POPULATION
Total Facility Intake for Previous 12 months

(Include Area Code)

6000

Field Office 1 Sub-Office (List Office with Oversight)
El Paso Field Office
Distance from Field Office
110 miles
Title and Duty Station)

Total ICE Man Days for Previous 12 months
1200
K. CLASSIFICATION LEVEL aCE SPCS AND CDFs ONLY)

L-1

I AdultMale
I Adult Female
L. FACILITY CAPACITY
Rated
Adult Male
370
Adult Female
46

Corrections
F. CDFIIGSA INFORMATION ONLY
Contract Number
Date of Contract or IGSA
51-02-0012
7/1/02
Basic Rates per Man-Day

L-2

Operational
330
20

L-3

Emergency

484
66

Facility Holds Juveniles Offenders 16 and Older as Adults

M AVERAGE DAILY POPULATION
ICE
I AdultMale
3
I Adult Female
1

USMS
270

Other
70
15

N. FACILITY STAFFING LEVEL

_po_rt_:______________~

$51.63

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.

Assault:
Offenders on
Offende~sl

WithW
Without

Assault:
Detainee on
Staff

VUvUUvl / Detainee Medical
Referrals as a Result of Injuries
Sustained.

, . . . . •. . I

Escapes
Actual
Grievances:

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

Deaths

Psychiatric / Medical Referrals
Outside Care
# Psychiatric Cases Referred
for Outside Care

·0

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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DHSIICE DETENTION STANDARDS REVIEW SUMMARY REpORT
·3. AT-RISK

4. REPEAT

5. NOT

FINDING

ApPLICABLE

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

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

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

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 fmdings of noteworthy accomplishments, contained in this
Inspection Report, are supported by evidence that is sufficient and reliable; and within the scope ofthis 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.

Creative Corrections

Creative Corrections
Corrections

,",,,,,.,,il"'" Creative Corrections

RECOMMENDED RATING:

[gI ACCEPTABLE

o DEFICIENT

OAT-RISK
COMMENTS: The facility staff was very helpful and willing to assist with all requirements of the review. The Jail Administrator
immediately responded to ourconcems regarding the slide bolts used in the primary exits used for evacuation during a fire. LCD will
be closing the "old" jail within two months as new housing pods are completed adjacent to the facility on Fourth Street.

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