ICE Detention Standards Compliance Audit - Port Isabel Detention Center, Los Fresnos, TX, ICE, 2008
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:';~ LC.~reatiVe . . corrections 6415 Calder, Suite B • Beaumont, Texas 77706 409.866.9920 • www.correctionalexperts.com Making a Difference! February 22,2008 MEMORANDUM FOR: FROM: Gary E. Mead, Acting Director Office of Detention and Removal b6, b7c b6, b7c Reviewer-InCreative Corrections Port Isabel Service Processing Center Annual Detention Review SUBJECT: Creative Corrections conducted the Annual Detention Review (ADR) of the Port Isabel Service Processing Center (PISPC) located in Port Isabel, Texas, on February 19-21,2008. As noted on the attached documents, my team of Subject Matter Experts included: b6, b7c Security; b6 b6 , Health Services , Safety and Environmental Health; , b6 b6 Food Services an , Administration. b6 A closeout meeting was held on February 21, 2008, during which all deficiencies, concerns, and recommendations were discussed with Assistant Field Office Director, b6, b7c , Officer in Char Acting Officer in Charge b6, b7c PISPC staff. Life Safety Finding ICE National Detention Standards requires, "Entrance/exit door locks of housing units, work areas, chapel, gyms, and other areas with room capacity of 50 or more people shall meet the standards specified in the Occupational Safety and Environmental Health Manual (Chapter 3) and in the National Fire Protection Association Life Safety Code (#101). Specifically, the doors shall be equipped with prison-type locking devices modified to function when pressure is applied from inside the room". Locks in Units Charlie and Delta are not pressure sensitive. On Tuesday February 20, 2008, the Reviewer in Charge personally informed Acting Officer in b6, b7c of this finding. Charge and Assistant Field Office Directo b6, b7c Type of Review: This review is a scheduled Detention Standard Review to determine compliance with ICE National Detention Standards for facilities used over 72 hours. FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) 1/5 Review Summary: The Port Isabel Service Processing Center is accredited by American Correctional Association (ACA), National Commission on Correctional Health Care (NCCHC), and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). Standards Compliance: The following statistical information provides a direct comparison of the February 2007, ADR and the ADR conducted in February 2008. February, 13-15,2007, Review Compliant 36 Deficient 2 At Risk 0 Non-Applicable 0 February, 19-212008, Review Compliant 37 Deficient 0 At Risk 1 Non-Applicable 0 Kev and Lock Control- At Risk It is the policy of the ICE service to maintain an efficient system for the use, accountability and maintenance of all keys and locks. • Only authorized locks (as specified in the detention standard) may be used in detainee accessible areas. Locks in use in housing units Charlie and Bravo are not pressure sensitive locking systems. Recommendation • A total of 28 unauthorized locks in Units Charlie and Bravo must be replaced with authorized locks in accordance with standards specified in the Occupational Safety and Environmental Health Manual (Chapter 3) and in the National Fire Protection Association Life Safety Code Section (101), 21.2.11.2. Specifically, the doors shall be equipped with prison-type locking devices modified to function when pressure is applied from inside the room". RIC Issues and Concerns Population Demographics Approximately 80% of the detainee population confined at the PISPC has confirmed criminal backgrounds. Management and line staff voiced their continued concern regarding this issue, citing the complexities of managing a sophisticated criminal population safely as opposed to a non-criminal population. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2/5 Continued vigilance and O!Sight by all concerned must continue i!rder to properly confine and control the sophisticated criminal elements of the detainee population. Processing Unit Vehicle Security There currently is an approved project to enclose the vehicle loading/unloading area adjacent to the processing unit with security fencing to prevent unauthorized access to transport vehicles by detainees. This project should begin as soon as possible. Digital Fingerprinting All detainees processed in and out of the PISPC are manually fingerprinted. The current digital finger printing system available at other SPCs is not available here. It is recommended this system be installed at the PISPC as soon as practical. Food Temperatures, Equipment, and Food Transport Kitchen and meal production is provided through a Performance Based Contract with Ahtna Technical Services, INC. The provider initiated service on December 9,2007. Both parties continue to develop mutually agreeable food preparation and delivery procedures consistent with management's requirements. Management may need to allocate emergency funds to provide adequate food preparation and sanitation equipment. There are no warming ovens and coolers available to support the satellite feeding program. The absence of this equipment may adversely affect approved food delivery temperatures, which could create conditions conducive to food borne illness. Dishwashing equipment in the kitchen is not adequate to support the current satellite feeding program and should be addressed immediately. Food delivery to the living units is accomplished by transporting food trays in a large truck. The daily use and predictability of a truck inside the secure perimeter poses a security concern. Alternatives to using a truck to deliver food trays to the living units should be explored. Food Service Fire Suppression System The National Fire Protection Association requires the UL-300 wet extinguishing fire suppression system and a Class K portable fire extinguisher. The current dry suppression system is no longer authorized for use once it has been discharged. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 3/5 e Medication Administration During pill line, televisions should be turned off or the volume turned down to facilitate communication between detainees and medical staff. Pill line should be announced and those detainees receiving medication should line up in front of the officers station with their ID cards and wristbands to receive the medication. Medical staff administering the medication should require all detainees to open hislher mouth and raise their tongue to ensure that the medication was swallowed. Medical Diets Medical diets are currently ordered and approved by nursing staff in accordance with DIHS policy. ICE National Detention Standards requires approval of all medical diets by the clinical director. There are currently 257 detainees approved for medical diets as directed by nursing staff. It is recommended the clinical director review all medical diets. Detainee Patient Privacy The current six-person cubicle area located in the health services unit does not provide adequate privacy for patient information exchanges if more than one patient is being interviewed simultaneously. Patient interviews conducted within the health services unit should be conducted in an area that affords adequate patient privacy. Key Control b2High, b7e Population Counts The count process is man-hour intensive because the current automated detainee data system does not allow for automatic count adjustments throughout the day. The daily events such as; temporary releases to court, medical trips, and writs, are not automatically factored into the facility master count. The system also does not provide an automated out-count program. It is recommended this system be evaluated to include all count related functions. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 4/5 Perimeter Detection b2High, b7e Security Lighting Maintenance staff must be more vigilant with timely repairs of security lights. Numerous interior and exterior security lights are not working and in need of bulb replacement. Additionally, a complete light survey of the facility should be conducted to evaluate security lighting needs. Corrosive Chemical Use It is recommended an effort be made to find and substitute less hazardous cleaning chemicals to replace the current dangerous chemicals used for general sanitation throughout the facility. Current chemicals such as Easy Pack corrosive cleaning compounds may be a security concern if not controlled by staff. Living Unit Trash Receptacles Trash receptacles currently in use in all housing units do not have a fire rating. These trash receptacles must be replaced with approved fire rated units to prevent the emissions of toxic fumes in the event of a fire. Recommended Rating and Justification It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of "At Risk" resultant to the deficient locking system. It is also recommended by the RIC that a Plan of Action be required for this facility to identify and implement necessary corrective actions. RIC Assurance Statement All findings of this review have been documented on the Detention Review Worksheet attached and are supported by the written documentation contained in the review file. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 5/5 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 11 HQDRO EXECUTIVE REVIEW: (please Print Name) GaryE. Mead Title ,/ Date Acting Director Final Rating: --- - Signatu~~.~ ~' J C/rr/6V 0 Superior Good Acceptable 1ZI Deficient OAt-Risk No Rating o o o Comments: The Review Authority has upgraded the rating from "At-Risk" to a "Deficient" rating. The rating was upgraded based on thirty-seven standards being rated acceptable and only one deficient standard rated at-risk. A Plan of Action is required to correct the deficiency identified in the At-Risk finding for the Key and Lock Control Standard; in addition, Plan of Actions are required to address line item deficiencies in Food Temperatures-Equipment, Food ServiceFire Suppression System, Medication Administration, Detainee Patient Privacy, Key Control, Perimeter Detection, and Security Lighting. Form CC-324A FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) DKTRN'l'ION FACILIl'Y INSPECTION FORM T' e of Facility Rev.:;i;:::.ew~'.::::ed::......._ _ _ __ ICE Service Processing Center ICE Contmct Detention Facility ICE Inter Accreditation (' crtif«:ates National Accreditatioll{sJ ;~JCAHO ~ffu.::m!y !:mSlloac<;rcditation[51 H. Problctll;s I Complaints (Copies m~,~!t~.. attac:-"b:.::ed?)L........_ _ The Facility is under Court Order Of Class Action Finding Qfou!!. Order ~C:l£!~~s Action Order The Facility has Sign . i\>tu'or Uti alion s Check ion l. Fac!!ity. ..::.H:..:i:;:.:st:.::o:...ryL-_ __ Date Built !:.~I;Wty- ! 950 ! New Build}.l}~2.~~Q5/2007 Date Last Remodeled or Upgraded 20(i7"N;;:;omstn;~tj[On~iBe.r;;p:~Md~~··---·-·. . . ··----'l Il. Nan!\! amIJA~~.~.~!ounf Fac.ility Name Isabel Detention Center Port............. ..." ...... Address (Street and Name) "~,, Future C'onstruction Planned Yes tEl No Date: Pending: -~,- Current I33~ed;;:n;p;ce-_12~Q__ ,,_. _ _ __ b6, b7c b6, b7c b6, b7c b6, b7c b6 b6 SME, Administration b6 b6 Level of Contract Of lGSA b2High FOH OFF!CIAL USE ONLy' (LA, W ENFORZTi\U::NT SENSIT!VE) © 2007 Creative Corrections, LLC (Rev. 12/8/(7) 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 schedu.led review dates. This worksheet mllst 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 compiete this worksheet will result in a delay in processing this report, and may result in a reduction or removal of fCE detainees ftom your facility. Assaults Without li 51' Assault: Detainee on Staff 1P 6 l8 1P 41' o 5 Number of Forced Moves, Forced Cdl Moves1 {} {l {} 0 0 0 0 0 () {l {} (l 59 92 157 () 0 o o {} {) 30 72 174 608 26 65 156 58l 2A 4A 0 {} {) 16J 125 0 0 o 1# Times Four/Five Point Restraints Applied/Used Offender f Detainee Med ical Referrals as a Result of Injuries 44 Sustained. Escapes Grievances Deaths Psychiatric I Medical Referrals 141 135 Oral. anal Of vagina! penetration or attemptoo penetration involving at !cast:2 parties, whether it is consenting Of non-colls<''!lting Routine trlinsportalion of detainCt!s/offenders is not considered "forced" Any inCident that involves fOllr or more detainees/offel1ders, includes glll1g lights, organi:,£d multiple hungef strikes, work stoppages. hostage situations, major fires, Of other large scale incidents FOR OFf!C!AL USE ONLY (LAW ENFORCTl\lENT SfNSl fiVE) © 2007 Creative Corrections, LLC (Rev. 12!8J(7) Page 2 of4 DHS/ICE DETENTION STANDARDS REVIEW SUMMARY REPORT 3. AT-RISK 5. 6. 7. 8. 9. 10> II. 12. 13> 14. 15> 16. 4.REP.:AT FINDING 5. NOT ApPLICABLE Admission and Re!ease 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 P .."a...",,,, 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 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 Managemoot Units (Administrative Detention) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force Staffl Detainee Communication (Added August 2003) Detainee Transfer FINDINGS OF DEFICIENT AND AT-RISK RF:QUlRE WRITTEN COMMENT DESCRIBING THE FINDING AND TIS NECESSARV TO REACH COMPLIANCE. FOROFF1CL\L USE ONLY {,LA \V ENFORCErvlENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12l8/07) Page 3 of4 RIC REVIEW ASSURANCESTATEMI!:NT By signing below, the Reviewer-In-Charge (RIC) certifies that: All findings of non-compliance with policy or Inadequate controls, andftndings 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 Jaw and policy, and property and resources are. being efficiently utilized and adequately safeguarded, except for any deficiencies noted in the report. b6, b7c b6, b7c Creative Corrections b6 Administration 3MB b6, b7c b6 b6 b6 Environmental Health and Health Services 5MB Food Services SME RFXOMMENmm RATING: DSUPERIOR DGOOD ACCEPTABLE D D DEI'ICIENT [8l AT-RISK b6, b7c COMMENTS: On February 12,2007 Detainee attempted to escape the facility by running toward the perimeter security fence giving staff the impression he was going to attempt to scale the fence. He did not scale the fence and did not escape, however the AUSA declined prosecution. Port lsabel Service Processing Center is a weB managed fadiity with a very competent and professional staff. The recommended rating is resultant to the Life Safety finding regarding the locking SYS!:elR Absent this issue, the rating would have more accurately reflected an efficient and effectively managed facility. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) «'<, 2007 Creative Correctiolls, LtC (Rev. 1218107) Page 4 of4