ICE Detention Standards Compliance Audit - Maverick County Jail, Eagle Pass, 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·
Maverick County Jail
June 3-4, 2008

REPORT DATE - June 11,2008

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

~OTR
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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:'.

'P.

reative
cor r e C t ion s

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

June 11,2008
MEMORANDUM FOR:

Gary E. Mead, Acting Director
Office of Detention and Removal Operations
b6,070

FROM:

Reviewer-In-Charge
Maverick County Jail
Headquarters Review (Under 72)

SUBJECT:

Creative Corrections conducted an initial Annual Detention Review (ADR) of the Maverick
County Jail (DCJ), located in Eagle Pass, Tex~s, on June 3-4, 2008. The facility is owned hy the
County of Maverick and has an Intergovernniental Services Agreement with the United States
Marshals Service
As noted on the attached documents, m~ Matter
Experts ~ed:
SME for Health Services; ~SMEfor
S e c u r i t y _ SME for Safety; and
SME for Food Services..
A closeout meeting was held on June 4, 2008, and included a discussion of all deficiencies and
observations noted during our review. Attending the meeting were Sheriff Tomas Herrera and
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Lt.

Facility HistoIT
The Maverick County Jail, Eagle Pass, Texas, was designed as a Direct Supervision Facility.
The jail has two control stations (one in each pod) and houses 250 detainees. Security levels are
low, medium, and maximum. The facility has 30 multi-occupancy cells and 20 separation cells.
Additional areas include a small dispensary, an indoor recreation area, kitchen, laundy room,
meeting room, outdoor recreation area, sallyport, property room and a booking area.
The jail was constructed in two phases. Phase 1, which houses county & stat~ inmates, was
constructed in 1990. Phase 2, which houses U.S. Marshals' prisoners, was constructed in 2000.

Type of Review:
This assessment is a special Detention Standard Review to determine the feasibility for using this
facility to confine ICE detainees for under 72 hours. The ICE National Detention Standards for
facilities used for less than 72 hours were utilized to evaluate the physical plant policies and
procedures.

Review Summary:
The Maverick COlUlty Jail is not currently accredited by the American Corre~tional 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 infonnation summarizes the findings of the feasibility review and no rating is
recommended.

RIC Observations
Detainee Handbook
The Maverick County Jail should develop a site-specific detainee handbook to serve as a guide
to detention policies, rules, and procedures in effect at the facility and to outline opportunities
available to detainees such as religious programming. The handbook should address the initial
issue of clothing, bedding, and personal property; when a medical examination will be
<;onducted; procedures governing telephone use (protocol when demand is high, direct / free
telephone calling procedures, procedures for emergency calls, and the detainee message system) ..
Other areas to be included are: search procedures, contraband policy, visiting rules and
regulations, detainee disciplinary policy, sick call procedures (general population and
segregation), and the rights and responsibilities of all detainees.

Food Service
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•

schedule to comply with the prevailing ICE guideline (no more than 14 hours between the
evening meal and breakfast the next day). A registered dietitian should conduct a complete
nutritional analysis of every master-cycle menu planned. Food Service staff should enforce
proper sanitation guidelines. All Styrofoam cups and disposable plastic spoons.should be
replaced daily or permanently replaced with washable cups and sporks. All detainees assigned as
food service workers should be provided protective footwear while at work. Weekly inspections
of the food service area should be conducted and documented. Food Service staff should keep
aU storage areas locked to prevent theft..

Detainee Grie'vance Procedures
The Maverick County Jail should implement detainee grievance procedures based on the ICE
standard. Procedures should include: response and appeal time-frames and general guidance,
documenting formal grievances in a standard record keeping system, and clearly distinguish
minor complaints from fonnal grievances. Procedures should require staff to forward any .
grievance concerning staff misconduct to ICE.

Access to Medical Care
The Maverick County Jail Plan for.Health Services should be revised to replace all references to
a "Jail Nurse" with 'Emergency Medical Technician (EMT)' language to accurately reflect
current staff credentials. Additionally, care should be exercised to insure that the EMT does not
perform tasks that are beyond the scope of his skill or ability.
The Maverick County Jail should establish a procedure to ensure the proper storage and shelf-life
tracking of medications. All expired medications should be removed from the working stock and
either destroyed or returned to the pharmaceutical provider for a refund.

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The dispensary area should present a more sanitary appearance. Daily cleaning of the dispensary
should be conducted as outlined in the Section 6.03 of the Maverick County Jail Plan.
A refusal form must be completed whenever a detainee refuses prescribed medical treatment or
intervention to include medication refusals. The form should include the risks of refusal of
prescribed clinical interventions.

Contraband
Facility managers should develop policy and procedure for handling illegal contraband to include
staff inventory, and holding and reporting to the proper authorities for appropriate aqtion.
Detainees should receive notice of items they can / not possess.

Disciplinary Policy
Written policy and procedure should be deVeloped to ensure rules of conduct, sanctions, and
procedures for violations are defined and communicated to all detainees verbally and in writing.
Procedures should be developed to ensure detainee Rights and Responsibilities, Prohibited Acts,
Disciplinary Severity Scale, and Sanctions are conspicuously pO$ted in both Spanish and
English. As indicated above, this information should be incorporated into the handbook.

Emergency Plans
Policy should be developed which precludes detainees or groups from exercising control or
authority over other detainees. Emergency procedures should be amended to include work/food
strike, bomb threats, and facility evacuation.

Environmental Health and Safety
The Maverick County Jail should maintain constant inventories for flammable, toxic, and caustic
substances in the facility. In addition, Material Safety Data Sheets (MSDSs) should be
maintained for each hazardous chemical and an MSDS file should be established which includes
a plant diagram of storage areas-and a copy of each hazardous chemical in the facility. The plan
should also be revised to include requirements for an area-specific diagram conspicuously posted
and public posting of emergency plans with accessible building/room floor plans. In addition,
written procedures should be established to.regulate the handling and dIsposal of used needles
and oilier sharp objects and a licensed pest control professional should inspect the facility
monthly for rodents, insects,and other vermin. The pest control program should include
preventive spraying for indigenous insects.

Hold Rooms in Detention Facilities
Hold rooms should contain sufficient seating for the number of detainees held.

Key and Lock Control
Facility staff should establish a comprehensive key and lock-accountability system, which
includes: procedures that address the issue of compromised keys and locks, a procedure to
ensure staff maintains a key accountability system, a master key inventoryin,g system, and
procedures for issuing restricted and/or emergency keys. Staff should receive training to handle
keys correctly and to report lost, misplaced, or broken keys.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

3/4

Population Counts
Policy and procedures should be developed to execute informal and emergency counts.

Security Inspections
A comprehensive policy concerning security inspections should be developed and Control
Center access should be restricted in some way.

Special Management Unit (Administrative Detention and Disciplinary Segregation)
Facility staff should develop written criteria for placing detainees in Administrative Segregation
and Disciplinary Segregation, to include a written order that documents details of such placement
and accompanies the detainee to the special housing unit.
.

Tool Control
Facilty staff should develop a Tool Control policy wherein restricted and non-restricted are
defmed and tool issuance to staff and detainees is detailed~ .

Use of Force
A Use of Force policy should be implemented for use of medication in restraint situations. Policy
and procedures should be developed which require medical staff consultation prior to and
immediately following a use of force incident. Policy and procedure should be developed to
address precautions taken when restraining pregnant detainees.

Recommended Rating and Justification
This assessment evaluated physical plant capabilitiesllimitations and the feasibility for safe,
secure, and humane confinement of ICE detainees. A presumptive rating of "Acceptable" is
recommended contingent upon the submission and approval of an acceptable Plan of Action
from the Maverick County Jail to ICE, addressing all RIC Issues and Concerns. With the
implementation of suggested noted enhancements it is recommended the Maverick County Jail
be utilized by ICE.

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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· ..•..<~.~

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
[gJ
ICE Intergovernmental Service Agreement

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B. CURRENT INSPECfION
Type ofInspection
,
Field Office IZJ HQ Inspectiori
Date[s] of Facility Review
June 3-4, 2008

C. PREVIOUSIMOST RECENT FACILITY REVIEW
Date[s] of Last Facility Review
N/A
Previous Rating
Superior 0 Good 0 Acceptable 0 Deficient 0 At-Risk

AND LOCATION

FACILITY

~~timated Man-days Per Year
G. ACCREDITATION CERTIFICATES [8J N/A
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
0 Class Action Finding
The Facility has Significant Litigation Pending
Major Litigation
0 Life/Safety Issues .
[8J None

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I. FACILITY HISTORY
Date Built
1990
Date Last Remodeled or Upgraded
2000
Date New Construction / Bed Space Added
2000
Future Construction Planned
DYes IZJ No Date:
Current Bed space
Future Bed Space (# New Beds only)
250
Number: 0 Date: N/A

County
Maverick
Name and Title of Chief Executive Officer
(Warden/OIC/Superintendent)
Sheriff
Tomas S
(Include Area Code)
ffice (List Office with Oversight)
Distance from Field Office
160

,..

K. CLASSIFICATION LEVEL (ICE SPCS AND CDFs ONLY)

I Adult Male
I Adult Female

CREATIVE CORRECfIONS INFORMATION
Naine, Title and Duty Station)
/ RIC / Creative Corrections
Title / Duty Location
,""or-up""" SME / Creative 'Corrections
Title / Duty Location
Service SME / Creative Corrections
lnt;lllut;l / Title 1Duty Location
/ Creative Corrections
Member / Title / Duty Location
Health Service SME 1 Creative Corrections
INFORMATION ONLY
Date of Contract or IGSA
Contract Number
4-1-07
80-99-0219
Basic Rates per Man-Day
$51.00
Other Charges: (If None, Indicate N/A)

N/A;'

J. TOTAL FACILITY POPULATION
Total Facility Intake for Previous 12 months
5094
Total ICE Man Days for Previous 12 months
78
Irl

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FACILITY CAPACITY
Operational
Rated
Emere;ency
Adult Male
245
245
N/A
Adult Female
5
5
N/AFacilityHolds Juveniles Offenders 16 and Older as Adults

M. AVERAGE DAILY POPULATION
ICE
I Adult Male
1
I Adult Female
1

USMS
150
0

Other
0
0

N. FACILITY STAFFING LEVEL

.~ort_:_.______________

; ON/A

FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE)
.

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38
7

SIGNIFICANT INCIDENT SUMMARY WORKSHEET
In order for Creative COlTections 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
Offenders)

WithW
Without

Assault:
Detainee ·on
Staff

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

# Times FourlFive Point

Restraints Applied/Used
Offender / Detainee Medical
Referrals as a Result ofInjuries
Sustained.

in Favor of

Psychiatric / Medical Referrals
# Psychiatric Cases Referred

for Outside Care

Physical

·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.

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

Page 2 of5

DBS/ICE DETENTION STANDARDS REVIEW SUMMARY REpORT
1. ACCEPTABLE

2. DEFICIENT

3. AT-RISK

4. REPEAT

S.NOT

FINDING

ApPLICABLE

l.
Visitation
2.
T
Access
DETAINEE SERVICES
3.
Admission and Release
4.
Classification System
5.
Detainee Handbook
6.·
Food Service
7.
Funds and Personal Property
8.
Detainee Grievance Procedures
9.
Issuance and Exchange of Clothing, Bedding, and Towels
Practices

II.
12.
Suicide Prevention and Intervention
SECURITY
13..
Contraband
14.
Detention Files
15.
Disciplinary Policy
16.
Emergency Plans
17.
Environmental Health and Safety
18.
Hold Rooms in Detention Facilities
19.
Key and Lock Control
20.
Population Counts
21.
Security Inspections
22.
Special Management Units (Administrative Detention)
23.
Special Management Units (Disciplinary Segregation)
24.
Tool Control
25.
Transportation (Land management)
Use of Force
26.
27.
Staff / Detainee Communication (Added August 2003)
28.
Detainee Transfer
ALL FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND
T IS NECESSARY TO REACH COMPLIANCE.

Page 3 of5

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 biwand policy, and prpperty and resources are
being efficiently utilized and adequately safeguarded, except for any deficiencies noted in the report.

- Creative Corrections

Creative Corrections

Food Service
SME

Health Services SME

RECOMMENDED RATING:

Creative Corrections

SUPERIOR
GOOD
[gJ ACCEPTABLE
DEFICIENT
OAT-RISK

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COMMENTS: This assessment evaluated physical plant capabilities/limitations and the feasibility for safe, secure, and humane
confinement ofICE detainees. A presumptive rating of "Acceptable" is recommended contingent upon the submission and approval
of an acceptable Plan of Action from the Maverick County Jail to ICE, addressing all RIC Issues and Concerns. With the
implementation of suggested noted enhancements it is recommended the Maverick County Jail be utilized by ICE. The Maverick
County Jail had eight deficient standards cited during this initial review: Detainee Handbook, Food Service, Detainee Grievance
Procedures, Contraband, Environmental Health & Safety, Key and Lock Control, Tool Control and Use of Force.

The current handbook fails to identify: the initial issue of clothing and bedding, and personal property; when a medical examination
will be conducted; policy when telephone demand is high, direct and free telephone calls, policy and procedures for emergency calls
and the detainee message system; facility search procedures and contraband policy; and facility visiting rules and regulations.
In addition, the handbook does not describe: the detainee disciplinary policy and procedures; sick call procedures for general
popu.Iation and segregation; and tpe rights and responsibilities. of all detainees
.
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There is more than a 14-hour lapse time between the last meal served and the first meal of the following day. In addition, a registered
dietitian has not conducted a complete nutritional analysis of every master-cycle menu planned.
The satellite-feeding program is not following proper sanitation guidelines. The facility issues Styrofoam cups and disposal plastic
spoons to the detainees upon arrival at the jail and these are not being replaced daily. Instead of wearing proper safety shoes or rubber
boots, most of the food service workers were observed wearing tennis shoes or shower slippers while working in the kitchen which is
a high risk area for potential injuries and slip hazards. Weekly sanitation inspections of all food service areas and equipment is not
being conducted. Storage areas in Food Service are not locked to prevent or curb theft.
The Maverick County Jail does not maintain a detainee grievance log or an alternative acceptable record keeping system. Staff are not
required to forward any grievance that includes officer misconduct to ICE.
.

. Page 4 of5

· Maverick County Jail does not have any written procedure for handling illegal contraband; detainees do not receive notice of items
they can and cannot have upon admittance.
The Maverick Comity Jail does not maintain constant inventor~es for flammable, toxic and caustic substances used/stored in the'
facility. MSD~s and an MSDS me are not maintained for hazardous substances used at the facility. Thetire prevention, control, and
evacuation plan fails to require: an area specific exit diagram conspicuously posted in the diagrammed .area and public posting of
emergency plans with accessible building/room floors. The facilitY does not have written procedures which regulate the handling and
disposal of used needles and other sharp objects. There is no evidence that would indicate monthly inspections and preventive
spraying is performed at the facility by a licensed pest control professional.
~acility policy

and procedures do not address the issue of compromised keys and locks. The facility does not have a key accountability
policy and procedure to ensure key accountability. The County Jail does not maintain any restricted keys for staff issuance with
approval by a supervisor. Staff are not trained and held responsible for the adhering to proper procedures for the handling of keys.
The Facility does not have a tool classification system where tools are classified as restricted and non-restricted. The facility does not
have procedures for the issuance of tools to staff and .detainees.

The facility does not have a use offorce policy. There is no policy that addresses medication for restraint purposes. There is no policy
to address that medical staff is contacted immediately after a use of force situation. There is no policy or procedure that addresses
precautions taken when restraining pregnant detainees.
Maverick County Jail staff were very positive and professional and receptive to making the recommended changes, which would
.
improve their jail operation.

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,e
MANAGEMENT REVIEW

The signature below constitutes review ofthis report and acceptance by the Review Authority. FOD/OIC/CEO will have M

. . from receipt of this report to respond to all findings and recommendations.
. (Print Name)

Chief: Detention

Unit

Final Rating: ~ Acceptable

D Deficient
D At-Risk

Comments:

The Review Authority concurs with the "Acceptable" rating based on the approval of the facilities
, corrective Plan of Action for the deficiencies identified in the Detainee Handbook, Food Service,
Detainee Grievance Procedures, Access to Medical Care, Contraband, Disciplinary Policy, Emergency
Plans, Environmental Health & Safety, Hold Rooms in Detention Facilities, Key & Lock Control,
Population Counts, Security Inspections, Special Management Unit (Administrative Detention and
Disciplinary Segregation), Tool Control, and Use of Force standards.

Forth CC-324B

FO,R OFFICIAL USE ONLY (LAW ENFORCE,MENT SENSITIVE) ,