ICE Detention Standards Compliance Audit - Midland County Detention Center, Midland, TX, ICE, 2008

• June 2, 2016 • Locations: United States of America -> Texas • Topics: Corrections Audits, Immigration

Download original document:
Brief thumbnail

Document text

This text is machine-read, and may contain errors. Check the original document to verify accuracy.

ICE Detention Standards
Compliance Review
Midland County Detention Center

February 21-22, 2008
REPORT DATE ~February 29,2008

reative

corrections

Contract Number: ODT-6-D-0001
Order Number: HSCEOP-07-F-OI016

'-'''''LLl V <> Corrections
6415 Calder, Suite B
Beaumont, TX 77706

u.S. Immigration
Customs Enforcement
Detention Standards Compliance Unit
80 I I Street NW
Washington, DC 20536

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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

February 29,2008
John P. Torres, Director
Office of Detention and Removal

MEMORANDUM FOR:

FROM:

b6,07"

Reviewer-In-Charge
Creative Corrections
Midland County Detention Center Annual Review

SUBJECT:

Creative Corrections conducted an Annual Detention Review (ADR) of the Midland County
Detention Center, located in Midland, Texas, on February 21-22, 2008. The facility is operated
by the County of Midland, which has an Intergovernmental Services Agreement with the United
States Marshals Service. As noted on the attached
team of Subject Matter
(SME) included:
Health
Safety;
Food Services. A
was conducted with Captain
on February 22, 2008 that included a discussion of all deficiencies, concerns, and
recommendations noted during this review
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 currently accredited by the Texas Commission on Jail Standards.
Standards Compliance:

The following statistical information provides a direct comparison of the 2005 ADR and this
ADR conducted for 2008.
November 172 2005 Review
Compliant
Deficient
At~Risk

Not~Applicable

28
0
0
0

Februan: 21-222 2008 Review
Compliant
Deficient
At-Risk
Not-Applicable

1
0
1 -

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

1/3

Tool Control- Deficient
It is the policy of all facilities that all employees shall be responsible for complying with the tool
control policy. The Maintenance Supervisor shall maintain a computer generated or typewritten
master inventory list of tools and equipment and the location in which tools are stored; These
inventories shall be current, filed and readily available for tool inventory and accountability
during an audit.
•

•

The facility does not have a Tool Control policy. Tools are not classified as restricted or
not restricted.
The maintenance staff does not maintain a master inventory for tools located at the
. downtown facility.

•

No shadow boards were in use at the downtown facility or the main facility.

•

A master inventory of tools was available at the main facility; however, it was not
typewritten or computer-generated.

•

One bolt cutter was found in a maintenance room at the downtown facility, which was
not inventoried.

Recommendations
•

A Tool Control policy should be developed to adhere to ICE Detention Tool Control
Standards.

•

The facility should develop and implement a tool classification system.

•

The facility should establish written procedures for marking tools, and makirig them
readily identifiable. All tools should be marked in every work location with a symbol
signifying its storage location.

•

The facility should maintain shadow boards and accurate inventories in all locations
maintaining tools .

.RIC Issues and Concerns
Environmental Health and Safety
•

The Midland County Detention Center has a system for ordering and issuing a minimum
amoQnt of chemical products. There is no chemical inventory, constant or otherwise,

FOR OFFICIAL USE ONLY (LAW .ENFORCEMENT SENSITIVE)

2/3

maintained for this facility. Inventories are necessary for the accountability of the proper
usage of these products.
•

The fire safety practices of this facility are fully meeting the intent of the requirements
for a fire prevention, control, and evacuation plan. The actual written plan, however,
does not document any of the listed requirements. To insure continued compliant
practices for life safety, these required issues should be addressed in written form in the
existing fire plan.

•

There is no written procedure to regulate the handling and disposal of used needles and
other sharp objects. A written procedure needs to be provided.

Kev and Lock Control
•

The facility has no policy on key and lock accountability, which addresses the issue of
compromised keys and locks. The development of a facility procedure, which outlines
the procedures, to follow in handling compromised keys and locks is recommended to
correct this area.

•

Keys in use at the downtown facility are maintained in the control center; however, there
is no accountability of these key rings when drawn by staff. This area should be
addressed when developing the facility procedures.

Recommended Rating and Justification
It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of
"Acceptable." It is also recommended by the RIC that a Plan of Action be required for this
facility to implement necessary corrective actions.

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

i::""~'~

.; Creative

~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
~

o
o

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

Estimated Man-days Per Year
16
G. ACCREDITATION CERTIFICATES 0 N/A
List all State or National Accreditation[s] received:
Texas Commission on Jail Standards

B. CURRENT INSPECTION
Type of Inspection
Field Office ~ HQ Inspection
Date[s] of Facility Review
February 21-22,2008

C. PREVIOUSIMOST RECENT FACILITY REVIEW
Date[s] ofLastFacility Review
November 17,2005
Previous Rating
Superior 0 Good ~ Acceptable 0 Deficient 0 At-Risk

NAME AND LOCATION OF FACILITY
Name
Detention Center
Midland
D~

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
D Major Litigation
D Life/Safety Issues
~ None

I FACILITY HISTORY
Date Built
April, 1990
Date Last Remodeled or Upgraded
N/A

Date New Construction 1 Bed Space Added
N/A

Officer

Future Construction Planned
~ Yes D No Date: Unknown
Current Bed space
Future Bed Space (# New Beds only)
296
Number: 400 Date: Unknown

J. TOTAL FACILITY POPULATION
Total Facility Intake for Previous 12 months
10,501
Total ICE Man Days for Previous 12 months
204

Distance from Field Office
300 Miles
CREATIVE CORRECTIONS
Inspe(;tor (Last Name, Title and Duty Station)
RIC 1 Creative Corrections
Memb,er 1 Title 1Duty Location
SME 1Medical

K. CLASSIFICATION LEVEL (ICE SPCS AND CDFs ONLY)
L-l
L-2
L-3
I Adult Male
I Adult Female
L

FACILITY CAPACITY
Rated
Operational
Emertency
Adult Male
248
248
258
Adult Female
48
48
48
Facility Holds Juveniles Offenders 16 and Older as Adults

M AVERAGE DAILY POPULATION

Member I Title 1Duty Location
SME/Food
F. CDFIIGSA INFORMATION ONLY
Contract Number
Date of Contract or IGSA
80-99-0079
Januaryl, 1999
Basic Rates per Man-Day
$44.00

I Adult Male
I Adult Female

ICE
16.33
.66

USMS
15.91
5.33

Other
198
39

N. FACILITY STAFFING LEVEL

~o_rt_:______________~

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/3/07)

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
Offenders I

With
Without

Assault:
Detainee on
Staff

Number of Forced Moves, incl.
Forced Cell Moves3

# Times FourlFive Point
Restraints AppliedlUsed
Offender I Detainee Medical
Referrals as a Result of Injuries

Escapes
Actual
Grievances:

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

Deaths

Psychiatric I Medical Referrals

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

P-24 S-2

P-IO

P-12 S-1

P-9

P-I

P-23 S-2

P-lO

P-12 S-1

P-9

P-5

P-I

P-5

P-I

V-II M-l

V-5

V-ll

V-7

C-l,B-5,0-6

B-2, 0-3

C-I,B-2,0-8

C-I,B-6

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.

Page 2 of4

DHSIICE DETENTION STANDARDS REVIEW SUMMARY REpORT
1. ACCEPTABLE

3.
4.
5.
6.
7.

13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.

2. DEFICIENT

3. AT-RISK

4. REPEAT

5. NOT

FINDING

ApPLICABLE

Classification System
Detainee Handbook
Food Service
Funds and Personal Property
Detainee Grievance Procedures
Issuance and Exchange of Clothing, Bedding, and Towels
~"II"nn"" Practices

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~U.u.,U

ALL FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND
WHAT 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 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.
:

; ' •• 0'

Creative Corrections

RECOMMENDED RATING:

SUPERIOR
GOOD
~ ACCEPTABLE
DDEFICIENT
OAT-RISK

COMMENTS: A 47-year old Hispanic Male was admitted to Midland County Detention Center on September 6, 2007, at 1900
hours. He was charged with Sexual Assault. Staff relates that the prisoner was advised he was to be charged with several other sexual
assaults that had taken place in the local area. At the time of his booking it was noted that he did not exhibit any signs of intoxication,
.
drug use, or suicidal tendencies.
The following morning at approximately 1138 hrs, the prisoner was found by correctional staff in the shower of his cell with pieces of
torn blanket around his neck and the showerhead. The nurse responded immediately and stated she felt a faint pulse and observed
shallow breathing. No attempts were made to begin CPR or to utilize the AED. EMS responded within 4 minutes and pronounced the
prisoner dead in his cell.
An autopsy was performed on September 10,2007. Preliminary cause of death was listed as asphyxia due to hanging. Toxicology
and pathology reports were listed as pending and are not present in the current file.
The Midland County Detention Center detainee grievance system currently involves one form that is used for any and every common
complaint or request, of which there are many. Having reviewed detainee files and found no actual grievances, it is recommended that
a separate system of requests be developed so as to clearly identifY and track actual grievances. This current system does not lend
itself to being able to readily retrieve and count the numbers or outcomes of grievances. Captain_stated they would
implement our recommendation.

Page 4 of4

MANAGEMENT REVIEW

!Review Authority
The signature below constitutes review of this report and acceptance by the Review Authority. FOD/OIC/CEO will have It.
. . from receipt of this report to respond to all f'mdings and recommendations.
REVIEW: (PrintName)

Jr.

Final Rating:

D Acceptable

IZI Deficient
OAt-Risk

The Review Authority has downgraded the recommended rating of "Acceptable" to "Deficient" due to
the use of Electro Muscular Disruption Devices (EMDDs). No Plan of Action is required in regard to the
use ofEMDDs. A Plan of Action is required to address the deficiency identified in the Tool Control
standard.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

Form CC-324B