ICE Detention Standards Compliance Audit - South Texas Detention Facility, San Antonio, TX, ICE, 2008
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p';~' Ic~ ;', rea t i v e . corrections 6415 Calder, Suite B • Beaumont, Texas 77706 409.866.9920 • www.correctionalexperts.com Making a Difference! April 17, 2008 MEMORANDUM FOR: FROM: Gary E. Mead, Acting Director Office of Detention and Removal Operations b6, b7c ,~ Reviewer-In-Chargt{) Creative Corrections SUBJECT: - b6, b7c South Texas Detention Center Annual Detention Review Creative Corrections conducted an Annual Detention Review ofthe South Texas Detention Complex, located in Pearsall, Texas, on April 15 - 17,2008. The facility is operated by the Global Expertise in Outsourcing (GEO) Group, which has a contract with the United States Immigration and Customs Enforcement (ICE). As noted on the attached documents, the team of Subject Matter Experts (SME) included: SME for Security; b6, b7c b6 SME for Health Services , SME for Safety; , SME f b6 b6 b6, b7c and Reviewer in Charge. A review closeout was conducted with , Field Office Director, ICE; b6, b7c b6, b7c b6, b7c AFOD, ICE; AFOD / OIC, ICE Captain USPHS, b6, b7c b6, b7c b6 Health Service Administrator , GEO Central Regional Vice President; b6 b6 GEO Central Regional OPS Director; , GEO Warden, and included a b6, b7c discussion of all deficiencies and concerns noted during our 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 Summary: The facility has provisional accreditation by the American Correctional Association (ACA) and is accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). Standards Compliance: The following information summarizes the standards reviewed and the overall compliance for this review. The following statistical information outlined provides a direct comparison of the 2007 ADR and this ADR conducted for 2008. FOR OFFICIAL USE ONL Y (LAW ENFORCEMENT SENSITIVE) 1/2 March 6-7, 2007 Review Compliant Deficient At-Risk Not-Applicable 38 o o o March 11-13" 2008 Review Compliant 37 o Deficient o At-Risk 1 Not-Applicable RIC Issues and Concerns Food Service Special (therapeutic) diets must be authorized by the Clinical Director on form 1-819, "Detainee Special Need(s)." The form must specify the type of diet, its duration, and any special instructions. Access to Medical Care The medical department currently has a total of 55 authorized positions with 10 vacancies. In addition there are 2 registered nurses being reassigned in the near future. Current vacancies include 3-4 mid-level practitioners and 5 registered nurses. These positions are critical to the delivery of health care and compliance with all ICE standards. Although the department is providing adequate medical care they are having difficulty meeting the 14 day standard for physical examinations. Keys and Lock Control The facility must discard any broken key from the assigned key ring and properly disposed of it. Recommended Rating and Justification It is the Reviewer-in-Charge's (RIC) recommendation that the facility receive a rating of "Good." 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 and are supported by the written documentation contained in the review file. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2/2 f"''"~~ tC.realiVe .... corrections DETENTION FACILITY INSPECTION FORM FACILITIES USED LONGER THAN 72 HOURS A. Type of Facility Reviewed ICE Service Processing Center ICE Contract Detention Facility ~ ICE Intergovernmental Service Agreement G. Accreditation Certificates List all State or National Accreditation[s] received: Provisional American Correctional Association (ACA) and Joint Commission on Accreditation of Healthcare Organizations (JCAHO). Check box if facility has no accreditation[s1 o o o B. Current Inspection Type of Inspection Field Office ~ HQ Inspection Date[s] of Facility Review April 15-17,2008 o 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 Issues ~ Check if None. o o C. Previous/Most Recent Facility Review Date[s] of Last Facility Review April 10-12, 2008 Previous Rating Superior 0 Good ~ Acceptable 0 Deficient 0 At-Risk Facility History Date Built May, 2005 Date Last Remodeled or Upgraded August, 2006 Date New Construction / Bed space Added I. o D NameandL oca f IOn 0 fF aCITtIlY Name South Texas Detention Complex Address (Street and Name) 566 Veterans Dr. City, State and Zip Code Pearsall. TX 78061 County Frio Name and Title of Chief Executive Officer C/Superintendent) b6, b7c OIC / Gary Gomez, Warden Telephone # (Include Area Code) 830 b6, b7c Field Office / Sub-Office (List Office with oversight responsibilities) San Antonio, TX Distance from Field Office 60 Miles Future Construction Planned Yes ~ No Date: o Current Bed Space 1904 b6 b6 Date: Classification Level (ICE SPCs and CDFs Only: L-l L-2 Adult Male 946 188 Adult Female 146 17 Juvenile L-3 189 9 1 Reviewer in Charge. SME for Security SME for Health Services F aCllty T C apaclty Rated Operational Emergency Adult Male 1490 1490 1490 Adult Female 388 388 388 Facility holds Juveniles Offenders 16 and older as Adults o SME for Safety b6 Number: K. L b6, b7c I Future Bed Space (# New Beds only) J. Total Facility Population Total Facility Intake for previous 12 months 21,188 Total ICE Man days for Previous 12 months 560,000 E Creative Corrections Review Team b6, b7c o o SME for Food Services nly F. CDF/IGSA In fiormatIOn 01 Contract Number Date of Contract or IGSA January 23,2004 ACD-4-C-00OI Basic Rates per Man-Day 94.58 Other Charges: (If None, Indicate N/A) N/A Estimated Man-days per Year 560,000 I I I I. M. Average Daily Population ICE AdultMale 1354 Adult Female 193 N. Facility Staffing Level Security: USMS Other 0 0 0 0 Support: b2High FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page lof4 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. Assaults WithW WithoutW Assault: Detainee on Staff Physical Physical Physical Physical 0 0 0 0 21 9 28 17 Physical Physical Physical Physical 0 0 0 0 2 0 7 0 3 4 o 0 0 o 0 0 o o 0 0 o o 0 0 o o 0 0 o o 0 0 o o o o 0 0 28 22 39 229 5 6 6 8 o o 0 0 o o 0 0 20 21 38 38 5 2 2 3 Number of Forced Moves, incl. Forced Cell Moves2 Disturbances3 of Times Chemical # Times FourlFive Point Restraints Applied/Used Offender / Detainee Medical Referrals as a Result ofInjuries Sustained. Actual Grievances Psychiatric / Medical Referrals # Psychiatric Cases Referred for Outside Care 0 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 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 2 of 4 DHS/ICE DETENTION STANDARDS REVIEW SUMMARy.REpORT 1. ACCEPTABLE 2. DEFICIENT 3. AT-RISK 4. REPEAT 5. NOT FINDING ApPLICABLE 1. Access to Legal Materials 2. Group Presentations on Legal Rights 3. Visitation 4. Access DETAINEE SERVICES 5. Admission and Release 6. Classification System 7. Correspondence and Other Mail 8. Detainee Handbook 9. Food Service 10. Funds and Personal Property 11. Detainee Grievance Procedures 12. Issuance and Exchange of Clothing, Bedding, and Towels 13. Marriage Requests 14. Non-Medical Emergency Escorted Trip 15. Recreation 16. Religious Practices V Work ~r"CTr.,11'l 18. Hunger Strikes 19. Medical Care 20. Suicide Prevention and Intervention 21. Terminal Advanced Directives and Death SECURITY AND CONTROL 22. Contraband 23. Detention Files 24. Disciplinary Policy 25. Emergency Plans 26. Environmental Health and Safety 27. Hold Rooms in Detention Facilities 28. Key and Lock Control 29. Population Counts 30. Post Orders 31. Security Inspections 32. Special Management Units (Administrative Detention) 33. Special Management Units (Disciplinary Segregation) 34. Tool Control 35. Transportation (Land management) 36. Use of Force 37. Staff / Detainee Communication (Added August 2003) 38. Detainee Transfer FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND WHAT IS NECESSARY TO REACH COMPLIANCE. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 3 of 4 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. b6, b7c b6, b7c Title & Duty Location Reviewer in Charge, Creative Corrections A ril 17, 2008 Print Name, Title, & Duty Location SME for Securi b6, b7c b6 b6 SME for Safet RECOMMENDED RATING: SME for Health Services Print Name, Title, & Duty Location Duty Location b6 SME for Food Services o IZI o o SUPERIOR GOOD ACCEPTABLE DEFICIENT OAT-RISK COMMENTS: FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 4 of 4 • MANAGEMENT REVIEW THE SIGNATURE BELOW CONSTITUTES REVIEW AND ACCEPTANCE OF THIS REPORT BY THE REVIEW AUTHORITY. FOD/OIC/CEO WILL HAVE THIRTY (30) CALENDAR DAYS FROM RECEIPT OF THIS REPORT TO RESPOND TO ALL FINDINGS AND RECOMMENDAnONS. HQDRO MANAGEMENT REVIEW: (print Name) b6 b6 Title Acting Chief, Detention Standards Com liance Unit FINAL RATING: o IZI o o SUPERIOR GOOD ACCEPTABLE DEFICIENT OAT-RISK COMMENTS: The Review Authority concurs with the recommended rating of "Good". A Plan of Action is required to address the line item deficiencies identified in the following areas: Food Service Access to Medical Care Key and Lock Control FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07)