ICE Detention Standards Compliance Audit - Phelps County Correctional Facility, Holdrege, NE, ICE, 2009

• June 2, 2016 • Locations: United States of America -> Nebraska • 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.

Office o/Detention and Remaval Operations
U.S. Department of Homeland Seeurity
500 12'h Street, SW
Washington, DC 20536

u.s. Immigration

and Customs
Enforcement

MEMORANDUM FOR:

Scott Baniecke
Field Office Director
St Paul Field Office
b6,b7c

FROM:

OCT 2 2 2D09

b6,b7c

Detention Standards Compliance Unit
Phelps County Jail Plan of Action

SUBJECT:

The Phelps County Jail Plan of Action dated July 27, 2009, has been received. The plan was
developed in response to a review conducted by Creative Corrections on April 7-9, 2009.
The Review Authority concurs with the Plan of Action and this review is closed. The Field Office
must now initiate the following actions in accordance with the Detention Management Con1rol
Program (DMCP):
1) The Field Office Director, Detention and Removal Operations, shall notify the facility within
five business days of receipt of this memorandum. Notification shall include a copy of this
memorandum.
2) The Field Office Director shall ensure that the facility complies with its proposed Plan of
Action and that a Field Office follow-up review of the deficiencies identified in the G324A,
Detention Facility Review Form and the RIC Summary Memorandum is conducted within 90
days.
3) The next annual review will be scheduled on or before April 7, 2010.
Should you or your staff have any questions regarding this matter, please contact
Detention and Deportation Officer at (202) 732- b6, b7c
cc: Official File
b6,b7c
b2High

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
www.ice.gov

b6,b7c

ICE Detention Standards
Compliance Review
Phelps County Corrections
April 1,.. 9, 2009

REPORT DATE - April 10, 2009

reative
CO r r Be t io n s
Contract Number: ODT..6..0-000 1
Order Number: HSCEOP..07..F..o1016
b6,b7c

Executive Vice President
Creative Corrections
6415 Calder, SuiteB
Beaumont, TX 77706

b6,b7c
.
, COTR
U.S. Immigration and Customs Enforcement
Detention Standards Compliance Unit
500 12th Street" SW
Washington, DC 20536

FOR OFFICIAL USE ONLY(LAW ENFORCEMENT SENSITIVE)

r ea 1 j ve
_
co rr e c fio n s:

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

April to, 2009

MEMORANDUM FOR:

FROM:

James T. Hayes Jr.
Director
Office of Detention and R
.

b6,b7c

-I

b6,b7c

rt-.

Revlewer-In-Char#-

SUBJECT:

b6,b7c

Phelps County Corrections
Annual Detention Review

Creative Corrections conducted an Annual Detention Review (ADR) of the Phelps County
Corrections Facility, located in Holdrege, Nebraska, on April 7-9,2009. As noted on the
b6,b7c
- attached documents, the team of Subject Matter Experts included
for Security;
b6,b7c
b6,b7c
b6,b7c
for Health Services;
for Safety; and
for Food
Services.
On April 9, 2009, a closeout meeting, including a discussion of all aspects of the review, was
b6,b7c
b6,b7c
, and
, U.S.
conducted with Sheriff Thomas L. Nutt, Jail Administrator
Immigration and Customs Enforcement.

TYpe of Review
This review is a scheduled Detention Standard Review to determine general compliance vvith
established ICE National Detention Standards for facilities used for over 72 hours.

Review Summary
The faci~ity currently is-not accredited by the American Correctional Association, the Joint
Commission on Accreditation of Healthcare Organizations, or the National Commission on
Correctional Health Care.
-

Standards Compliance
The folloWi~g statistical information provides a direCt comparison of the 2008 ADR and this
ADR conducted for 2009.

April 10-U, 2008'
Compliant
Deficient
At-Risk
Not-Applicable

Review
37

o
o
1

April 7-9, 2009 Review
-Compliant
36
Deficient
1
At-Risk
0
Not-Applicable
1

FOR OFFICIA~ USE ONLY (LAW ENFORCEMENT SENSiTIVE)

1/2

Access to Medical Care,- Deficient·
.

. '

Policy: Every facility will establish and maintain an accredited/accreditation-worthy health
program for the general well-being ofICEdetainees.
•

Of the 18 medical records reviewed, 5 records indicated TB-screening occurred more
than one business day a:fterthe detainee's arrival to the facility.

. Recommendations
The Detention Facility Administration should develop a plan to ensure that TB testing is
completed upon the detainee's arrival.

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

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)

2/2

Detention Facility Irispection Form
.Facilities Used Over 72 hQurs

Department Of Homeland Security.
Immigration and Customs Enforcement
..
.
A.TypeofFaciJity.Reviewed
D· ICE Service Processing Center
ICE ContractDetention Facility
121
ICE Intergovernmental Service Agreement

B. Current Inspection
Type of Inspection
Field Office t8J HQ Inspection
Date[s] of Facility Review
April 7-9,2009

C. PreviousIMost Recent Facilit Review
Date[s] of Last Facility Review·
A ril 8-10, 2008
Previous Rating
.
Su erlor ~ Good 0 Acce table D Deficient D At-Risk

IEstimated
Man-days Per Year:
12;185
G. Accreditation Certificates
List all State or National Accreditation[s] received:
Nebraska Jail Standards
Check box if facility has no accreditation[s]

B. Problems I Complaints (Copies must be attached)
The Facility is under Court Order or Class Action Finding
D Court Order
0 Class Action Order
. The Facility has Significant Litigation Pending
Major Litigation
0 Life/Safety Issues
~ Check if None,

FaCI'litty H't
IS ory
Date Built
March 2004
Date Last Remodeled or Upgraded

D. Name and Location of Facility
· Name
Phelps County Corrections
Address (Street and Name)
115 5th Ave.
City, State and Zip Code
• Holdrege, NE. 68949
County
Phelps
Name and Title of Chief Executive Officer (Warden/Ole/Supt.)
Thomas L. Nutt, Sheriff
Telephone # (Include Area Code)
308-995- b6,b7c
Field Office / Sub-Office (List Office with oversight responsibilities)
North Platte, NE.
Distance from·Field Office
93 miles

N/A
Date New Construction I Bed space Added

N/A
Future Construction Planned
D Yes ~ No Date: N/A
Current Bed space
Future Bed space (# New Beds only)
Number: NI A Date: NIA
51

J. Total Facility Population
Total Facility Intake for previous 12 months
1.029
Total ICE Man-days for Previous 12 months
12,185
K. Classification Level (ICE SPCs and CDFs Only)
1-1
1-2
L-3
N/A
N/A
N/A
Adult Male
N/A
N/A
N/A
Adult Female
N/A
N/A
N/A

E ICE Informatiou
Name ofInspector (Last Name, Title and Duty Station)
b6,b7c ! RIC I Beaumont, Texas
Name of Team Member I Title / Duty Lo.catiori
b6,b7c
IMedical I Beaumont, Texas
Name of Team Member I Title I Duty Location
b6,b7c !Environmental Health & Safety I Beaumont, Texas
Name QfTeam Member I Title I Duty Location
b6,b7c I Food Service I Beaumont, Texas
· Name of Team Member I Title I Duty Location
. b6,b7c I Security I Beaumont, Texas

.1. Facility Capacity
Rated
Operational
Emel1fency
Adult Male
45
45
59
Adult.Female
8
6
6
D· Facility holds Juveniles Offenders 16 and older as Adults .

M• Average DaUy Popu)atlon
'

R CDFIIGSA Information Onl
Contract Number .
47-99-0147
Basic Rates per Man-Day

Date of Contract or IGSA
March 1,2004

• $55.00
Other Charges: (If None, Indicate N/A)

N/A

ICE
305

I Adult Male

I Adult Female
1

USMS.
0
0

2~7

N. Facility Staffing Level'
b2High

Otber
9.3
3.1

pport:

FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) .
FormG-324A SIS (Rev. 7/9/07)

Detention Facility Inspection Form.·
Facilities Used Over 72 hours

. Department Of Homeland Sec~rity
. Immigration and Customs Enforcement

.
Significant incidentSummary Worksheet
.
For ICE to complete its reView ofyourfacility~ the followinginfonnation must be completedptior 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.

Assault:
Offenders on
Offenders'

Assault:
Detainee on
Staff

Escapes

Grievances:

Physical

I-V

·0

Deaths.

Psychiatric / Medical
Referrals

1
4,

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/otJ.enders is not considered "forced"
Any inoident that involves fuur or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations,
major fues, or other large scaIe incidents.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Form G-324A SIS (R£jv.7/9/07)

Detention Facility Inspection Fonn
Facilities Used Over '72 hours,

Departm~nt

Of Homeland Security
imDligration and Customs Enforcement

Review 1Sulnmary
3. At

1.
2.
3.

5.Not

Access to Legal Materials
Group Presentations on Legal Rights
Visitation

4.
5.
6.
7. '
8.
9.

10.
11.
U.

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
Religions Practices
Volu
Work P),llO),llm

Suicide Prevention and Intervention
Advanced Directives and Death
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)
Speciall\fanagement Units (Disciplinary Segregation)
Tool Control
Transportation (Land management)
Use of Force
Staff 1Detainee 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.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Fonn G-324A SIS (Rev. 7/9/01)

Detention Facility Inspection Form
Facilities Used Over 72 hours .

Department Of Homeland. Secnrity
Immigration and Customs Enforcement

RIC Review Assurance Statement
,
.. _

• . . -....... _ _ _~
. . . . . . . ___ .._,_,.,...." .... ~........~......,.,-. ..... "'"'.-_ _ . . . -•• _ _ .. _ ........ _,"'._........-""'~ _ _ • . . . . . - _........ ~._.,;.,-._'........ _ - . . ........' _............ _

... _ _ ......."'..., ...... ~" ...... _ ' _ . ' ........_ .• ~,o<............... ~ • ., .... _;"" ........ ' _ - . _ " " ' ' ' - ' ' ' ' ' _ , ..... _ '_,~

By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate contr()ls
contained in the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, [mdings 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:,