ICE Detention Standards Compliance Audit - Maverick County Jail, Eagle Pass, TX, ICE, 2008
Download original document:
![Brief thumbnail](/media/cache/05/36/05363f4e88a092f793a0708446ae2fed.jpg)
Document text
![Brief thumbnail](/media/cache/05/36/05363f4e88a092f793a0708446ae2fed.jpg)
Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
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) . tC.. :'. '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 b6b7c 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) 1/4 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 b2HIgh b2HIgh • • • 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2/4 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) 4/4 · ..•..<~.~ . 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 o o B. CURRENT INSPECfION Type ofInspection , Field Office IZJ HQ Inspectiori Date[s] of Facility Review June 3-4, 2008 o 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 o D. AND LOCATION FACILITY 57 I ~~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 o o 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 I 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 ' 'L-3 L. 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 o 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) . L-2 38 7 © 2007 Creative Corrections, LLC (Rev. 12/3/07) 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 Physical Physical 0 0 0 0 0 11 6 14 0 Physical 0 0 0 0 0 0 0 0 0 0 4 19 0 2 0 0 0 0 0 0 0 0 0 0 6V 0 8B 2M 0 lB 0 0 0 0 0 0 0 0 0 0 0 0 0 0 31 0 7 0 31 0 7 0 0 0 0 ·0 0 0 0 0 9 0 4 0 0 0 0 0 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. 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections,.LLC (Rev. 12/8/07) 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 0 SUPERIOR GOOD [gJ ACCEPTABLE DEFICIENT OAT-RISK .o o 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 . b2HIgh 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. . FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) . 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 5 of5 ,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) ,