ICE Detention Standards Compliance Audit - Navarro County Jail, Corsicana, TX, ICE, 2007
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• (e(!i /)elel1lioll (Iml Remova! Operations ! I.S. UCllartlllcnt of II olllclalld Security 117.5 I Sln;[)l. NW Washingtoll. 1)(' 7.053(, March 7,2007 MEMORANDUM FOR: FROM: John P. Torres Director (Acting) Office of Detention and Removal b6,b7c Immigration Enforcement Agen Dallas District Office SUBJECT: b6,b7c Navarro County Jail Annual Review The Dallas, Texas Office of Detention and Removal conducted a detention review ofthe Navarro d by Immigration Enforcement Agents County Jail on February 27,2007. This r b6,b7c b6,b7c Reviewer-In-Charge and This facility is used for detainees requiring housing over 72 hours. Navarro County Jail management stated that there were not any I.C.E. detainees currently housed in their facility. Management stated that there have not been any I.C.E. detainees housed in their facility in over four years. Management also made us aware that no additional bed space or expansion is planned in the foreseeable future. Type of Review: This review is a scheduled Operational Review to determine general compliance with established Immigration and Customs Enforcement (ICE) National Detention Standards. The facility is not currently accredited. It appears that an inspection of this facility was conducted by the Texas Commission on Jail Standards within the past twelve months. No file or previous review for this facility could be found in the Dallas Field Office. Review Summary: The following information summarizes those standards not in compliance. Each standard is identified and a short summary provided regarding standards or procedures not currently in compliance. Subject: Annual Detentioaview Report Page 2 • Review Findings: Compliant Deficient At-Risk Non-Applicable - 4 10 20 4 Standards Summary Findings: Access to Legal Materials • There are no computers or typewriters in the library. • Most recent immigration law book is 1998 edition. • No Lexus Nexus electronic library exists. • Detainees are only afforded 3 hours per week, not the 5 hours required. • There is no designated facility employee who oversees the library. Classification • Opinions are used in classification process. • Reassessment/reclassification occurs every 6 months, not every 60 days. • Appeals are not resolved within 5 business days. • Detainee handbook doesn't address classification levels, conditions, or restrictions. Correspondence and Other Mail • Rules for correspondence are not posted in housing or common areas. • Written notice isn't sent when incoming mail is rejected • Written notification isn't provided to detainee regarding censored mail. • Staff doesn't maintain a written record of every item removed from detainee mail. • Staff doesn't provide copy of identity documents upon request. Detainee Handbook • Handbook isn't revised annually by a designated committee or staff member. • Handbook doesn't outline the methods for classification, levels, or appeals process. • Handbook doesn't address or describe count times, count procedures, meal times, smoking policy, medical or religious diets. • Handbook doesn't describe telephone debit card procedures. • Handbook doesn't describe the detainee voluntary work program. • Handbook doesn't describe the library location and hours. • Handbook doesn't describe attorney and regular visitation hours, policies, etc. • Grievance section doesn't address all required information. • Handbook doesn't describe the facility recreation policy. Food Service b6 • Cook doesn't document all training in individual detention files. • Facility doesn't utilize a 35-day menu cycle. Utilizes a 21-day menu cycle. • Religious diets are not referred to a chaplain. There is no chaplain on staff. • Common-fare menu doesn't exist. Subject: Annual Detentioaview Report Page 3 • • • • • • The FSA isn't provided with a schedule of ceremonial meals for the following year. Dishwashing temperatures aren't documented. Knives in use were not secured to table. No job descriptions exist for the detainee volunteer work program. Hot food holding temperature was below required temperature per health department inspection on October 26, 2006. Funds and Personal Property • No written policy exists regarding returning forgotten property. • Forgotten property is disposed of immediately. Detainee Grievance Procedures • No written procedure provides for the informal resolution of oral grievances. • Every member of staff doesn't know how to identify emergency grievances or the procedures for expediting them. Issuance and Exchange of Clothing, Bedding, and Towels • Trustee was running laundry and clothing issuance un-supervised. • Supply of uniforms doesn't meet required ratio. • Socks and underwear aren't issued. Non-Medical Emergency Escorted Trips • Escort only includes one officer unless subject is dangerous. • Escorting officers do not have the discretion to increase or decrease restraints. Recreation • Detainees get recreation of 3 days per week, not 5 days per week. • Detainees receive verbal and not written notification when privileges are revoked. • Visitors, relatives, or friends are allowed to serve as volunteers. Religious Practices • Credentials/IDs are not checked upon entry into the facility. Our IDs were not checked. • Detainees in SMU are not allowed to attend services. Clergy will visit them. Detainee Telephone Access • Phones did not allow calls at 8:30 a.m. Weren't available during waking hours. • Access rules are not posted in housing units. • Key information was in English only. • Reasonable degree of privacy is not afforded. • Special arrangements are not made to speak by phone with an immediate family member detained in another facility. • No signage or notification is posted regarding monitoring of phone calls. Subject: Annual Detentioaview Report Page 4 • Voluntary Work Program • No written procedure exists regarding the voluntary work program. • Facility does not comply with the work-hour requirements. • No job descriptions exist for the voluntary work program. Hunger Strikes • No procedure is established or in place to respond immediately to a hunger strike. • Fluid intake and food consumption is not recorded or directed to be recorded for hunger strike via Form 1-839 or similar IGSA form. • Medical staff doesn't have written procedures for treating hunger strikers. • Staff doesn't have training in identification of hunger strikers. • Refusal of treatment forms are available, but aren't utilized. Access to Medical Care • Medical facility entrance doesn't have a holding/waiting room, just a bench. • Active medical records are not secured in a locked area. They were in bins on top of a table in the main medical area next to the examination room. • Staff isn't trained to respond to health-related emergencies within a 4-minute response time. Suicide Prevention and Intervention • Every new staff member doesn't receive suicide-prevention training. • No written procedures cover when and how to refer at-risk detainees to medical staff. Contraband • The facility doesn't follow a written procedure for handling illegal contraband. • The staff doesn't follow written procedures when destroying hard contraband that is illegal. Detention Files • Detention files are not maintained in a secured area. Disciplinary Policy • No written policy exists regarding disciplinary policy • Incident reports are not investigated within 24 hours of the incident. • Staff representative is not available if requested for a detainee facing a disciplinary hearing. • Facility doesn't permit hearing postponements when conditions warrant. • No written procedures govern the handling of confidential informant information. • Detainee doesn't receive copy of investigation/incident report findings. Can only read report. Emergency Contingency Plans • Staff isn't able to effectively disseminate information on facility climate and attitudes. • No written contingency plan exists or was found to exist. • The facility doesn't have cooperative contingency plans with other law enforcement. • Staff does not receive copies of Hostage Situation Management policy and procedures. • No written emergency plan for medical treatment for staff/detainees after an incident exists. • Saw no written plan to locate shut-off valves and switches for all utilities. Subject: Annual DetentioAview Report Page 5 • Environmental Health and Safety • No MSDS binder was to be found within the facility. • Inventories aren't maintained for chemicals or hazardous materials. • Red biohazard canister in medical area was overflowing with sharps. Wasn't permanently affixed to any wall or fixture. Was loose on the floor. • No written procedures were in place to regulate the handling and disposal of needles. Hold Rooms • Female hold room was overcrowded. Not sufficient seating for the number held. • Hold Room B was not locked. Door was propped open throughout the day. • Water fountain inoperable in hold room. Key and Lock Control • Security officer hasn't attended an approved locksmith training program. • Security officer doesn't provide training to employees in key control. • No policy exists regarding the issue of compromised keys and locks. • No procedure in place for key ring identification, number of keys on ring, etc. • No key accountability policy or procedure in place. Post Orders • No post orders are used in the facility. Security Inspections • IDs are not checked upon entry into the facility • Visitor pass not used. • Trustees clean the control rooms. • Control room doors were wide open. • Vehicles are not searched that enter and exit the facility. • No written procedures are in place regarding searches of detainee housing units and personal areas. • Walls, fences, and exits are not inspected once each shift. They are inspected monthly. • Various intercom boxes were out of order. Special Management Unit (Administrative) • Detainee doesn't receive a copy ofthe written order/decision. • SMU detainees don't enjoy the same general privileges as the general population. • Staff doesn't keep records whether detainee showered, exercised, etc. Special Management Unit (Disciplinary) • Sanctions can exceed 60 days. • Segregation order is read to detainees. They don't receive a copy. Subject: Annual DetentioAview Report Page 6 • - Tool Control • No procedure exists to ensure tools are marked and readily identifiable. • No clear system for tool control exists. • No procedures exist for the issuance of tools to staff and detainees. • Private contractors/maintenance workers are not required to submit a tool inventory upon admittance or departure from the facility. Transportation • Every officer isn't required to have a Commercial Driver's License (CDL) • No contingency plans found in writing for transportation. • Protective vests are not provided to transport officers. Use of Force • Use-of-Force Team Technique is not used under staff supervision. • Staff members are not trained in the Use-of-Force Team Technique. • No written procedures exists that attempt to prevent injury and exposure to communicable disease( s). RIC Issues and Concerns Of greatest concern was probably the fact that our identification was never requested upon entry to the facility. We don't know if this was an oversight, is regular practice, or was just a matter of professional courtesy on their part, but it is an unacceptable practice for entry into a detention facility. There was also nearly a complete absence of written policy regarding any ofthe sections covered during the inspection and the jail does not utilize any post orders. Regarding the G-324A, Navarro County Jail management was unable to provide all the requested information concerning Classification Level, Facility Capacity, and Facility Staffing Level. The Significant Incident Summary Worksheet was also submitted with a complete absence of information. It is being submitted exactly as completed by the jail's management. In general, staff was not knowledgeable and lacked answers to most of the review questions they were asked. Recommended Rating and Justification: Given the numerous deficiencies, at-risk practices, and statistical information that the facility failed to provide, it is the recommendation ofthe Reviewer-In-Charge that the facility receive a rating of "At-Risk". RIC Assurance Statement: All findings of this review have been documented on Form G-324B and are supported by the written documentation contained in the review file. , . • • HEADQUARTERS EXECUTIVE REVIEW 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) Signature ! John P. Torres Date Title ! , , Director Final Rating: r ( !ii .. o Superior o Good o Acceptable o Deficient [3J At-Risk o No Rating Comments: The Review Authority concurs with the Reviewer-In-Charge's (RIC) recommended rating of "At-Risk" based on the information contained in the RIC memorandum and G324A worksheets. The facility is not approved for use until an acceptable rating is attained. A POA is required to address deficiencies outlined in the RIC memorandum. Form G-324A (Rev. 8/1/01) No Prior Version May Be Used After 12/31101 • • Department Of Homeland Security Immigration and Customs Enforcement A. Ty~e of Facility Reviewed ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement D D D G. Accreditation Certificates List all State or National Accreditation[s] received: [gI Check box iffacility has no accreditation[s] B. Current Inspection Type of Inspection [gI Field Office D HQ Inspection Date[s] of Facility Review 02/27/2007 C. PreviouslMost Recent Facility Review Date[s] of Last Facility Review Unknown - Unable to locate any previous review or file Previous Rating D Superior D Good D Acceptable D Deficient D At-Risk D Detention Facility Inspection Form Facilities Used Over 72 hours - aCITt uy N amean dL oca f IOn 0 fF Name Navarro County Jail Address (Street and Name) 300 W. 2 nd Ave. City, State and Zip Code Corsicana, TX 75110 County Navarro ef Executive Officer (Warden/OIC/Superintendent) b6,b7c , Jail Administrator Tele clude Area Code) (903) b6,b7c Field Office / Sub-Office (List Office with oversight responsibilities) Dallas, TX Distance from Field Office 61 miles E. ICE Information N arne of Inspector (Last Name, Title and Duty Station) lEA I Dallas, TX b6,b7c Name of Team Member I Title 1 Duty Location b6,b7c I lEA 1 Dallas, TX Name of Team Member 1 Title I Duty Location NIAll Name of Team Member 1 Title 1 Duty Location N/AI I llly F CDFIIGSA I n £ormatIOn 01 Contract Number I Date of Contract or IGSA N/A N/A Basic Rates per Man-Day $45.00 est. Other Charges: (If None, Indicate N/A) N/A; ; ; Estimated Man-days Per Year 0 I . t s (C oples mus tb e attac h e d) H P ro bl ems IC ompam The Facility is under Court Order or Class Action Finding D Court Order D Class Action Order The Facility has Significant Litigation Pending D Major Litigation D Life/Safety Issues [gI Check if None. I F aCITt lty H'IS t ory Date Built Unknown Date Last Remodeled or Upgraded 1989 Date New Construction I Bedspace Added N/A Future Construction Planned DYes [gI No Date: N/A Current Bedspace I Future Bedspace (# New Beds only) 310 Number: 0 Date: NIA J. Total Facility Population Total Facility Intake for previous 12 months 3,719 Total ICE Mandays for Previous 12 months o K. Classification Level (ICE SPCs and CDFs Only) L-1 L-2 L-3 I Adult Male Unk Unk Unk I Adult Female Unk Unk Unk L F aCII Tty C a Jacuy 't Rated Adult Male Unk Adult Female Unk o Operational Unk Unk Emergency Unk Unk Facility holds Juveniles Offenders 16 and older as Adults Average D al'1y Popu I a f IOn ICE I Adult Male 0 I Adult Female 0 M USMS 0 0 Other 159 34 Support: Unknown Form G-324A (Rev. 8113/04) No Prior Version May Be Used After 1011/04 • • 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 of ICE' detainees at your facility. Assault: Offenders on Offenders! With Without o Assault: Detainee on Staff o o Number of Forced Moves, incl. Forced Cell moves3 # Times FourlFive Point Restraints applied/used Offender / Detainee Medical Referrals as a result of uries sustained. Escapes Actual Grievances: # Received # Resolved in favor of Offender/Detainee Reason (V=Violent, I=Illness, S=Suicide, A=Attempted Deaths Psychiatric / Medical Referrals # Medical Cases referred for Outside Care # Psychiatric Cases referred for Outside Care Any attempted physical contact or physical contact that involves two or more offenders Oral, anal or vaginal penetration or attempted penetration involving at least2 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 10/1/04 • • 1. 1. 2. 3. 4. 2. 3. 4. 5. Access to Legal Materials Group Presentations on Legal Rights Visitation Access Detainee Services 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 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 Health 18. 19. 20. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Hunger Strikes Medical Care Suicide Prevention and Intervention Advanced Directives and Death 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 1 Detainee Communication (Added August 2003) Detainee Transfer (Added September 2004) All findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet compliance. Form G-324A (Rev. 8113/04) 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 of the 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) b6,b7c Signature IEA b6,b7c Title & Duty Location Date DDO-HQDRO March 8, 2007 Team Members Print Name, Title, & Duty Location b6,b7c Print Name, Title, & Duty Location N/A IEA, Dallas, TX Print Name, Title, & Duty Location Print Name, Title, & Duty Location N/A N/A Recommended Rating: o Superior o Good o Acceptable o Deficient ~ At-Risk Comments: See attached worksheets and memorandum. Form G-324A (Rev. 8/13/04) No Prior Version May Be Used After 10/1/04 • • MANAGEMENT REVIEW IReview Authority The signature below constitutes review ofthis report and acceptance by the Office of Detention and Removal. The Facility has 30 days from receipt of this report to respond to all findings and recommendations. HQDRO MANAGEMENT REVIEW: (Print Name) Signature John P. Torres Date Title Director (Acting) Final Rating: 0 Superior o Good o Acceptable o Deficient OAt-Risk Comments: Form G-324A (Rev. 8113/04) No Prior Version May Be Used After 10/1/04