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ICE Detention Standards Compliance Audit - McLennan County Detention Center, Waco, TX, ICE, 2007

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•

r

a l o Detention and Removal Operations
(I
epartment of Homeland Security
89' 1 ourwinds Drive
San Antonio, Texas 78239

u.s. Immigration

and Customs
Enforcement
February 6, 2007

MEMORANDUM FOR:

FROM:

John P. Torres
Director of Detention and Removal
Headquarters De
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s

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Reviewer- in Char
San Antonio Detention and Removal Operations
SUBJECT:

Review Summary Report for McLennan Detention Center
Annual Detention Review

On January 22 and 22,2007 a review ofthe McLennan Detention County Center (MCDC), located
within the San Antonio Region was conduct
iew was performed under the supervision of
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Reviewer- in Charge (RIC).
, SIEA, from the San Antonio Region,
assisted the RIC.
The review measured compliance with the National Detention Standards Operations; Attached to
this memorandum is a copy of the original G-324a Detention Inspection Form and a copy of the
worksheet. All original worksheets and working papers are maintained in the appropriate file system
and are available for review by the Review Authority.
Type of Review:
This is the third annual review conducted by officers assigned to the San Antonio Region as directed
by HQDRO. This review was conducted again to ensure the facility is still in compliance with the
National Detention Standards Operations. At the time this inspection was conducted, the Agency had
one detainee held at this facility.
Review Summary:
It was determined through this review that the McLennan County Detention Center is presently

operating at "Good" overall level. The team members have identified a couple of minor issues. All
ofthese issues have been discussed with the facility's Administrators, and they have indicated that
they would be in full compliance with all the elements in each standard.

Subject: Detention Revie.mmary Report
Page 2

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Review Findings:
This facility has kept up with all the elements in the National Detention Standards. All the elements
in the National Detention Standards were in compliance. Each standard is identified and a short
summary provided regarding standards or procedures that we discussed with their Administrator.
Standards Summary Findings:
The finding under the standard for the Detainees Fund and Personal Property was in compliance
with the ICE National Detention Standards. The detainees' fund and property receipts were modified
during our inspection in order to have to officers' signatures in order to meet the ICE standards. The
Administrator was going to put an SOP for all staff involved in the process.
The finding under the standard for the Food Service Detention Standard was in compliance with the
ICE National Detention Standard. They did have one oftheir freezers thermostats stop working
during our inspection. The Warden immediately called their maintenance department and places a
work order to have it fix.

RIC Observations:
I was impressed with the way this facility was ready for our inspection and with their cooperation
throughout the inspection. The facility was well kept and their staffs were sharp in answering any
questions we had.
RIC Issues and Concerns
I had no issues or concerns with this facility.
Recommended Rating and Justification:
It is the Reviewer in Charge recommendation that the facility receive a rating of "overall." Good.

RIC Assurance Statement:
All findings of this review have been documented on Form G-324A and are supported by the written
documentations contained in the review file.

_

Department Of Homeland Security
•
Immigration and Customs Enforcement
A. Type of Facility Reviewed
D
ICE Service Processing Center
D
ICE Contract Detention Facility
k8]
ICE Intergovernmental Service Agreement

G. Accreditation Certificates
List all State or National Accreditation[s] received:
Texas Commission on Jail Standards
D Check box if facility has no accreditation[ s]

B. Current Inspection
Type ofInspection
k8] Field Office D HQ Inspection
Date[s] of Facility Review
January 22 and 23,2007

H. Problems 1 Complaints (Copies must be attached)
The Facility is under Court Order or Class Action Finding
D Class Action Order
D Court Order
The Facility has Significant Litigation Pending
D Major Litigation
D Life/Safety Issues
k8] Check if None.

C. PreviouslMost Recent Facility Review
Date[s] of Last Facility Review

Previous Rating
D Superior k8] Good D Acceptable D Deficient D At-Risk
D. Name and Location of Facilit
Name
McLennan County Dteetion Center
Address (Street and Name)
520 Columbus Ave.
City, State and Zip Code
Waco, Texas 76701
County
McLennan
of Chief Executive Officer (Warden/OIC/Superintendent)
Warden
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Tel
Include Area Code)
254 b6,b7c
Field Office / Sub-Office (List Office with oversight responsibilities)
San Antonio, Texas
Distance from Field Office
Two and half Hours)

E. ICE Information
ctor (Last Name, Title and Duty Station)
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1 Supervisory Immigration Customs Agent 1
San Antonio
Name of Team Member 1 Title 1 Duty Location
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1 Deportation Officer 1 San Antonio,
Texas
Name of Team Member 1 Title 1 Duty Location
/ 1
Name of Team Member / Title 1 Duty Location
1 /
my
F CDFIIGSA I norma
£
f IOn 01
Contract Number
I Date of Contract or IGSA
J-080-99-0014
October 12, 1998
Basic Rates per Man-Day
$41.95
Other Charges: (If None, Indicate N/A)
N/A;

..
, ,

Detention Facility Inspection Form
Facilities Used Over 72 hours

I. Facilit
Date Built
1980
Date Last Remodeled or Upgraded
N/A

Date New Construction 1 Bedspace Added
N/A

Future Construction Planned
DYes k8] No Date:
Current Bedspace
Future Bedspace (# New Beds only)
326
Number: NA Date: NA
J. Total Facility Population
Total Facility Intake for previous 12 months
22613
Total ICE Mandays for Previous 12 months
107,785
K. Classification Level (ICE SPCs and CDFs Only)

I Adult Male

I Adult Female

L-1

L-2

L-3

N/A
N/A

N/A
N/A

N/A
N/A

L. Facility Capacity
Rated
Operational
Emergency
Adult Male
241
241
241
Adult Female
85
85
85
Facility holds Juveniles Offenders 16 and older as Adults

o

M. Average Daily Population
ICE
I Adult Male
0
I Adult Female
0

I

USMS
189
42

Other
9
27

N. Facility Staffing Level

ort:
b2High

Estimated Man-days Per Year
$100,000

Form G-324A (Rev. 8113/04) No Prior Version May Be Used After 1011104

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•

Significant Incident Summary Worksheet
For ICE to complete its review of your facility, the following information must be completed prior to the scheduled review dates. The
information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used
in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained
population. This form should be filled out by the facility prior to the start of any inspection. Failure to complete this section will
result in a delay in processing this report and the possible reduction or removal ofICE' detainees at your facility.

Physical

Assault:
Offenders on
Offenders!

Assault:
Detainee on
Staff

Number afForced Moves,
inc!. Forced Cell moves 3
Disturbances 4
of Times Chemical

# Times Four/Five Point
Restraints applied/used
Offender / Detainee Medical
Referrals as a result of
sustained.

o

o

o

o

6

4

2

o

o

o

o

o

o

o

o

o

o

o

o

3

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

26

18

5

5

o

o

o

o

o

A

A

o

Escapes

Grievances:

Deaths

o
Psychiatric / Medical
Referrals

# Medical Cases referred for
Outside Care
# Psychiatric Cases referred for
Outside Care

o

2

4

5

9

0

o

o

o

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.

Form G-324A (Rev. 8/13/04) No Prior Version May Be Used After 1011/04

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1.

5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

Admission and Release
Classification System
Correspondence and Other Mail
Detainee Handbook
Food Service
Funds and Personal Property
Detainee Grievance Procedures
Issuance and Exchange of Clothing, Bedding, and Towels
Marriage Requests
Non-Medical Emergency Escorted Trip
Recreation
Religious Practices
V
Work IJre")"..",,,

22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.

Contraband
Detention Files
Disciplinary Policy
Emergency Plans
Environmental Health and Safety
Hold Rooms in Detention Facilities
Key and Lock Control
Population Counts
Post Orders
Security Inspections
Special Management Units (Administrative Segregation)
Special Management Units (Disciplinary Segregation)
Tool Control
Transportation (Land management)
Use of Force
Staff / Detainee Communication (Added August 2003)
Detainee Transfer (Added September 2004)

2.

3.

4.

5.

All findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet compliance.

Form G-324A (Rev. 8/13/04) No Prior Version May Be Used After 10/1/04

RIC Review Assurance Statement

By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate controls
contained in the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, findings of noteworthy
accomplishments are supported by sufficient and reliable evidence. Within the scope ofthe review, the facility is operating in
accordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for the
deficiencies noted in the report.

Reviewer-In-Charge: (Print Name)

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Title & Duty Location

Febraury 7,2007

Superviasory Immgration Customs Agent / San Antonio,
Texas
Team Members

Print Name, Title, & Duty Location

Print Name, Title, & Duty Location
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Deportation Officer San Antonio,

Texas
Print Name, Title, & Duty Location

Recommended Rating:

Print Name, Title, & Duty Location

o Superior
IZI Good
o Acceptable
o Deficient
OAt-Risk

,Comments:
The finding of are supported by the findings of the review team and are documented within the Form G-324A and
accompanying worksheets.

Form G-324A (Rev. 8/13/04) No Prior Version May Be Used After 10/1/04

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HEADQUARTERS EXECUTIVE REVIEW

I Review Authority
The signature below constitutes review of this report and acceptance by the Review Authority. OIC/CEO will have 30 days from
receipt of this report to respond to all findings and recommendations.
HQDRO EXECUTIVE REVIEW: (Please Print Name)
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Title

Chief
Final Rating:

0

Superior
[2J Good
Acceptable
Deficient
OAt-Risk
No Rating

o
o
o

Comments:

The Review Authority concurs with the Reviewer in Charge's recommended rating of "Good".

Form G-324A (Rev. 8/1/01) No Prior Version May Be Used After 12/31/01