Office of Detention and Removal Operations
U.S. Department of Homeland Security

500 12th Street, SW
Washington, DC 20536

U.S. IImnigration
and Customs
Enforcement
MAR 30 2009
MEMORANDUM FOR:

Kenneth L. Landgrebe
Field Office Directo
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FROM:

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Detention Standard Compliance Unit
SUBJECT:

Polk County IAH Secure Adult Detention Facility
Annual Detention Review

The annual review of the Polk County IAH Secure Adult Detention Facility, conducted on
January 27-29, 2009 in Livingston, Texas, has been received. A final rating of Acceptable has
been assigned.
The G-324A worksheets provided by the Reviewer-in-Charge (RIC) indicated the facility did
not have any deficient standards. However, a Plan of Action is required for the line item
deficiencies noted in the Food Service, Emergency Plans, Hold Rooms in Detention Facilities,
Key and Lock Control, Population Counts, and Security Inspections Standards.
The rating was based on the RIC Summary Memorandum and supporting documentation. The
Field Office Director must initiate the following actions in accordance with the Detention
Management Control Program:
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
copies of the Form G-324A Detention Facility Review Form. the G-324A Worksheet,
RIC Summary Memorandum, and a copy of this memorandum.
2) The Field Office Director is responsible for ensuring that the facility responds to all
findings and a Plan of Action is submitted to the Review Authority (RA) within 30
days.
3) The RA will advise the Field Office Director once the Plan of Action is approved.
4) Once a Plan of Action is approved, the Field Office Director shall schedule a follow-up
on the above noted deficiencies within 90 days.

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

Subject: Polk County IAH Secure Adult Detention Facility Annual Detention Review
Page 2 of2
The Field Office is responsible for assisting the Intergovernmental Service Agreement facility
to respond to the Immigration and Customs Enforcement findings when aSsistance is requested.
Notification to the facility shall include information that this assistance is available.
Should you or your staffhave any questions regarding this matter, please contact
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Detention and Deportation Officer at (202) 732- b6,b7c .
cc: Official File
ICE:HQDRO:

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:2-4453:2118/09
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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

. I.

'. ICE Detention Standards
Compliance Review
Polk County lAB Secure Adult Detention Facility

January 27-29,2009
REPORT DATE - February 6, 2009

rea ti v e

corrections

Contract Number: ODT-6-D-OOO 1
Order Number: HSCEOP-07-F-OI016
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, Executive Vice President
Creative Corrections
6415 Calder, Suite B
Beaumont, TX 77706

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, COTR
. U.S. Immigration and C.ustoms Enforcement
. Detention Standards. Compliance Unit
500 nth St, SW
Washington,pC 20536.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

reative'
corrections

6415 Calder, Suite B • Beaumont, Texas 77706
409.866.9920. www.correctionalexperts.com
,

Making a Difference!

'February 6, 2009
MEMORANDUM FOR:

FROM:

James T. Hayes, Jr.
Director
Office of Detention and Removals Operations
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c~'

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.

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Polk COlUlty IAH Secure Adult Detention Facility
Annual Detention Review

SUBJECT:

Creative Corrections conducted an Annual Detention Review (ADR) ofthe Polk COlUlty IAH
Secure Adult Detention Facility, operated by Community Education Centers (CEC), and located
ed documents, the team of
in Livingston, Texas, on January 27-29,2009. As noted
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S
r Experts included
for Security;
, for Health Services;
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for Environmental Health and Safety; and
, for Food Services.
A closeout meeting was conducted on January 29, 2009, with Sheriff Ken Hammick, ,Warden
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,Deputy Director CEC;
,Special Assistant and a
number of department heads and supervisors. ICE staff in attendance included AFOD b6,b7c '
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The closeout included a discussion of all aspects of this
and COTR
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 over 72 hours.

Review Summaor'
The facility is not ,accredited by the National Commission on Correctional Health Care, the
American Correctional Association, or the Jo'intCommission on Accreditation of Healthcare
Organizations. The f~cility will undergo an American Correctional Association review on
February 9... 11, 2009, with a view toward accreditation.

Standards Compliance

a

The following statistical information provides direct comparison of the 2008 ADR and this
ADR conducted for 2009.

FOR OFFtCIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

1/2

January 2008
Compliant
- Deficient
At-Risk
Not-Applicable

Review

36
"1

o
1

_- JanUary 2009
Compliant
Deficient --At.;Risk
Not-Applicable

Review
37
0 0
1

Recommended Rating and Justification
It is the RIC recommendation that the facility receive a rating of "Acceptable." As there were no
deficiencies noted above, no Plan of Action shou~d be required.

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 Inspection Form
Facilities Used Over 72 hours

Department Of Homeland Security
lin migration and Customs Enforcement

I Estimated Man~days Per Year:
90,000 plus· . . .
.

A.-- Type-of Facility Reviewed·
D I C E Service.Processing Center
D I C E Contract Detention Facility
~
ICE Intergovernmental Service Agreement

I

G. Accreditation Certificates
List all State _or National Accreditation[s] received:

B. Current Inspection
Type of Inspection
Field Office [8;] HQ Inspection
Date[s] of Facility Review
January 27·29, 2009

~ Check box iffaciIity has no accreditation[s]

o

C.PreviouslMost Recent Facility Review
Date [s] ofLast Facility Review
January 29·31 2008
Previous Rating
Superior D Good ~ Acceptable 0 Deficient 0 At-Risk

o

T
D. Name and Location 0 fF aCllty
Name
Polk County IAH Secure Adult Detention Facility
Address (Street and Name)
3400 FM 350 South
City, State and Zip Code
Livingston, Texas 77351
County
Polk
Name and Title of Chief Executive Officer (Warden/OIC/Supt.)
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. Warden
Telephone # (Include Area Code)
936·967· b6,b7c
Field Office / Sub-Office (List Office with oversight responsibilities)
Houston
Distance from FieJd Office
50 Miles

H. Problems / Complaints (Copies must be attached)
The Facility is under Court Order or Class Action Finding
Court Order
Class Action Order
The Facility has Significant Litigation Pending
Major Litigation
Life/Safety Iss)les
[8;] Check if None.

o
o

o
o

. I FaCI"l"t
uy H·IS tory
Date Built
January 2005
Date Last Remodeled or Upgraded
July 2006
Date New Constmction / Bed space Added
July 2007/528 new beds added.
Future Constmction Planned
[8;] Yes 0 No Date: April 2009
Current Bed space
Future Bed space (# New Beds only)
Number:
Date:
1057
1

J. Total Facility Population
Total Facility Intake for previous 12 months
9070
Total ICE Man·days for Previous 12 months
252,166
K. Classification Level (ICE SPCs and CDFs Only)
L-1
L·2
L·3
Adult Male
Adult Female

E ICE Information
Name of Inspector (Last Name, Title and Duty Station)
/ RIC / Creative Corrections
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Name of Team Member / Title / Duty Location
/ SME / Security
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Name of Team Member/ Title/ DutY Location
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/ SME / Medical Services .
Name 6fTeam Member / Title / Duty Location
! SME I Food Service
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Name of Team Member / Title / Duty Location
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/ SME/Environmental Health & Safety

.

'l"ty C apacIty.
·t
L F aCI.1
Rated
Adult Male
800
Adult Female
0

Operational . Emergency

- 1054
0

o Facility holds Juveniles Offenders 16 and older as Adults

.

·
M AverageDal·1Y P
opuIation

f Ion 01
F C D FIIGSAInorma
f
DIY
-I Date· of ContraCt or IGSA
Contract Number
July 25, 2007
SROISA·07·0029
Basic Rates per Man~Day
$57.65
Other Charges: (IfNQne, Indicate N/A)
NA

I Adult Male
I AdultFemale

ICE

USMS

Other

651
0

119
15

69

...

--

.

. -.

12

N. Facility Staffing Level
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FOR OFFICIAL USE ONLY (LAW ENFORCENlENT SENSITIVE)
.

1061
0

.

..-

. .. ..

-

... . -Porm G·324ASIS(Rev. 7/9/07)

Detention Facility Inspection' Form
Facilities Used Over 72 hours

, DepartmentOf Homeland Security
Immigration and Customs Enforcement

Shloificant Incident Summary Worksheet·
For ICE to complete its review of your facility, the following ·m:fonnati6n 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 ihfonnation 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 fonn should be filled out by.the facility prior to the start of any inspection. Failure to complete this section will
result fu a delay in processing this report and the possible reduction or removal ofICE' detainees at your facility.

Assault:
Offenders on
Offenders l

WithW
Without

Assault:
Detainee on
Staff

# Times Four/Five Point
Restraints applied/used

Escapes

Grievances:

Deatbs

# Psychiatric Cases referred for
Outside Care

p

p

p

p

0

0

0

0

13

11

5

8

P

P

P

P

1

0

0

0

4

3

2

1

9

10

2

5

0

0

0

5

3

3

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

2

0

0

0

0

0

.I

0

0

0

1

0

0

0

6

14

11

5

0

0

1

0

0

Any attempted physical contact or physical Contact that involves two or more offi:nders
Oral, anal or vaginal penetration or attempted penetration involving at least2 parties, whether it is consenting or non-consenting
Routine transportation of de~ineesloffenders is not considered "forced"
Any incident that involves four or more detainetls/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations,
major fifes, or 01l1er large scale incidents.

,.., FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Form G-324ASIS (Rev. 7/9/07)

Department Of Homeland Security
Immigration and Customs Enforcement

Detention Facility Inspection FOrm
Facilities Used Over 72 hours

DHSIICEDetention Standards Review Suminary Report
1.
2. Deficient 3. At Risk
4.

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
Fundsand Personal Property
Detainee Grievance Procedures
Issuance and Exchange of Clothing, Bedding, and Towels
Marriage Requests
Non-Medical Emergency Escorted Trip
Recreation
Religious Practices
Work Pl',~ar .. m
V
Hunger Strikes
Medical Care
Advanced Directives and Death

22.
23.
24.
25.
26.
27.

28.
29.
30.

31.
32.
33.
34.·
35.
36.
37..
~8.

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 Uni~ (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)

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

.FOR OFFICIAL USE ONL Y {LAW ENFORCEMENT SENSITIVE)
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.

... ..

.. ..

.. . .. ... ..

..

..

....

FonnG~324ASIS(Rev.

7/9/07) .

Department OfHomeland Security
Immigration and Customs Enforcement

Detention Facility Inspection Form
-Facilities Used Over 72 hours

RIC Review Assurance Statement :

By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate ¢britrols
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, andproperty 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

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RIC, Creative Corrections

Janua

29, 2009

TeamMem bers
Print Name, Title, & Duty Location

Print Name, Title, & Duty Location

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SME, Security
Print Name, Title, & Duty Location

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, 8ME, Medical
Print Name, Title, & Duty Location

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, SME, Environmental Health & Safety

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, SME, Food Service

D Superior

Recommended Rating:

DGood
I:8J Ac~eptable
D Deficient
D At-Risk
Comments: The facility experienced one death since the prior review. The death was a 45-year-old, non-ICE, detainee who was being
treated for HIY infection and pneumonia. He experienced what was believed to be a stroke and was transferred to the local hospital
and placed on a respirator. Eight days later, he was removed from the vefltilator,and he expired. The cause of death was listed as
-Respiratory Failure with HIY.and Pneumonia.1isted as underlying causes.
-- The facility maintains a high level of sanitation and living areas are uncluttered.
The facility is seeking ACA accreditation and will undergo a standards compliance audit from ACA, February 9-11,2009.

FOR OFFICIAL USE ONLY~LAW ENFORCEMENT SENSITIVE) ____ . _.~~_~~-'----.-

Form G-324ASlS (Rev. 7/9/07)

•

•

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 aU findings and recommendations.
HQDRO EXECUTIVE REVIEW: (please Print Name)
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Date

Actin Chief, Detention Standards Com Hance Unit
Final Rating:

D Superior
DGood
~ Acceptable
D Deficient
D At-Risk
DNoRating

Comments:

The Review Authority concurs with the recommended rating of "Acceptable." A Plan of
Action is required for the line item deficiencies in the Food Service, Emergency Plans,
Hold Rooms in Detention Facilities, Key and Lock Control, Population Counts, and Security
Inspections Standards.

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·--F~-·--·

--