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ICE Detention Standards Compliance Audit - Taylor County Adult Detention Center, Abilene, TX, ICE, 2008

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ICE'Detention Standards
Compliance Review
Taylor County Adult Detention Facility
August 12 - 14, 2008
REPORT DATE -August 22,2008

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recti on s

Contract Number: ODT-6-D-0001'
Order Number; ijSCEOP-07-F-01Ol~
H'VP"illtn'I> Vice President
Creative Com:ctions .
6415 Calder; Suite 13
Beaumont, TX 77706

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. U.S. Immigration and Customs Enforcement
Detention Standards Compliance Unit
'-gOl I Street NW
Washington, DC 20536

FOR OFFICIAL USE ONLY (LAW'ENFORCEMENT SENSITIVE)

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I C.. rea tiv e .

~correctJons

6415 Calder', Suite B • Beaumont, Texas 77706 "
409.B.66.Q920 • www.correCtionalexperts.com
Making a Difference!

August 22, 2008
MEMORANDUM FOR:

James T. Hayes, Jr., Acting Director
Office of Detention and Removal

FROM: -

Taylor County Adult Detention Center
Annual Detention Review

SUBJECT:

,Creative Corrections conducted' an ADR of the Taylor County Adult Detention Center
"
(TCADC), Abilene~ Texas, on August 12 - 14,2008. "As noted on the attached documents, the
"~tter Experts (SME)' . , S M E for
_ _ _ _ _ SMEfor Health ServIces;
SME for Food ServIce. "
b6. bTc
• Jail Administrator, arid
A"final closeout was held oli August 14, 2008, with Majo I
reviewteam members, at which time~l1aspectsof the review were disctis~ed.

Type of Review

This review is a scheduled Dete~tion Standard Review to determine general compliance With
established ICE National
Detention Standards for facilities
used for over 72 hours.
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Review Summary

The TCADAis not accredited by the American Correctional Association (ACA), National
Cominission on Correctional Health Care (NCCHC), or the Joint Commission on Accreditation
,of Healthcare Organizations (JCARO).
Standards Compliance

The followIng statistical information provides a direct comparison of the 2007 ADR and the
ADR conducted in 2008.
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September 11 - 13, 2007
.Compliant
- 38
Deficient
0
At-Risk
0
Not-Applicable 0

.. August 12- 14,2008
-30
Compliant
8
Defichmt
At-Risk
0
Not-Applicable - 0

. Food Service ~ Deficient
Every facility will provide detainees in its care with nutritious and appetizing merus, prepared
in accordance with the highest samtary standards:
.
.
•

A knife cabinet is not in use; knives are tethered to a workstation at all times but cables
do not pa~s through the metal shanks: Knives are not marked or inventorie4.

•

.Speciaf procedures for handling food items that pose a security threat (rucohol-based
flavorings) are not in place.

• . The facility d~es not have a standard 35-day menu cycle or. similar system for rotating
. meals;'a registered dietitian does not conduct a complete nutritional anruysisofthe
master-cycle·menu. There is no comnion-fare program.
•

The satellite-feeding program does not include sufficieri~ sanitation practices.

. - Recomme"'l!a#qns'
. The facility should install a knife cabinet with an approved locking device; knives shoUld be
etched and inventoried. A cable should be mserted through the knives' metal shanks. Any food
items that pose a threat to security should be handled in a special way. A master-cycle menu'
should be d~veloped, per ICE standards, and a credentialed dietitian should· conduct a nutritional
analysis ofthe'master~cyc1e menu. A common-fare program should be implemented. Proper .
. sanitation should be practiced for the satellite-feeding program.

Terminal Illness, Advanced Directives, and Death 7" Deficient.
All facilities housing ICE detainees shall have policies and procedures addressing the issues of
termillal illness or injury, inedicru advanced directives, and detainee dea,th, to inClude the
procedures to ensure proper notification ~s provided to ICE officials, family members and other .
in~erested parties in the'event of a detainee becoming-terminally ill or injured or death ofa
detainee occurs. In.addition, the policy will cover procedures to be taken ifthe death ofa
detainee occW"s while in transit.

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•

There are no guidelines addressing the State Advanced Directive Form for Implementing'
Livlrtg Wills and Advanced Directives; no written procedures addressing the issues of
organ donation by detainees, or policy addressing procedures to ensure proper
notification is provided to ICE officials,-family members and other interested parties in
the event of a d~tainee's terminal illness ot death.

Recommendations
Facilitystaffshoulddeveiop protocols to address the State Advanced Directive Form for
Implementing Living Wills and Advanced Directives. The option of organ donation should be
available to detainees. Immediate notification should be provided to ICE officials, family
members and other interested parties when a detainee becomes terminally ill or dies.
Emergency Plans - Deficient
Every facility will develop plans and procedures for handling emergencies reasonably likely to
occur. The goal of these "contingency plans" is to control the situation without endangering
lives or property:

.PI~s do not identify the location of shut-off mechanisms for all utilities and do not '
address confidentiality, accountability, updates, ~r emergency medical treatment for staff
and detainees during or after incident.
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Training files did not reflect staff training to recognizing signs of detainee unrest, or
hostage situation training. Staff did not r.eceive copies of the hostage management
'policy.
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Recommendatilrns

Facili~y staff should revise the emergency 'plans to include a comprehensive general sectio~ that
applies to most emergencies. Ase,ction identifying the locations of shut off valves al1d switches
for all utilities should also be included. "Plans should address confidentiality, accountability, and
routine updates. Both staff'anddetainees should be afforded em~rgency medical treatment
" during or after 'an incident. Staff should be trained to recognize detainee unrest and should be
,- ' familiar with the hostage sitUation policy; traimng shoUldbedocumented:
Environmental Health and Safety-Deficient
, Every facility will control flammable, toxic, and 'caustic materials through a hazardous materials
program. The program will indude, among other things,- the -identification and labeling of,
hazardous materials in a~cordance with applicabl~ standards (e.g., National Fire Pr~tection
AssQciation [NFPA]); identification of incompatible materials, and safe-handling procedures.
Every facility will comply with standarosand regulations i~sued by ,the Environmental Protection
Agency (EPA) and OSHA, the Arri~rican Correctional Association's "mandatory" standards,
local and national fire safety codes, and the applicable standards of the Ameri~an Sodety for

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Testing and Materials, American National Standards Institute, and Underwriters' Lab6fatoriesor
fac~ory Mutual Engineering.
•

Constant inventories are not maintained for hazardous materials in the facility. The
MSDS file does not include a list of all hazardous substance storage areas', or a plant
diagram and legend.

• .. Employees and detainees ~e not properly trained to handle hazardous substances.
•

The fire plan does not include public posting of emergency plans with accessible
building/room floor plans; exit signs and directional arrows, or an area specific exit
diagram conspicuously posted in the diagrammed area.

• . There were no written procedures regarding blood and other body fluid contacts; there
was no evidence staff were trained in this area. There is no guidance for handling used
. needles and other sharp instruments.

Recommendations'
Constant inventories for all hazardous materials should be maintained. The MSDSfile should
include a list of all hazardous substance storage areas, a plant diagram, and a legend. Anyone
handling hazardous chemicals should receive proper, advanced training. The fire plan should .
include the requirement to post (publicly) emergency plans and options for egress, with complete
. directions to exit from the specific, diagrallimed area; plans should be in English and Spanish.
Staff should receive training relative to blood I body fluid contacts. Written procedures for the .
:handling of used needles and sharps should be develope.d.
Key and Lock Control':' Deficient

Every facility will maintain an etficient system for the use, accountabiiity, and maintenance of
keys and locks.
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TCAOC does not have policy or practices that govern key accountability or maintenance
of all locking devices. No one is designated to facilitate this program or train others; staff
is' not trained to handle keys properly.
.
Key inventories are incomplete; there is no inventory of locking devices. There is no
preventive maintenance program and no guidance as to compromised keys and locks.
Damaged or discarded keys :were not disposed of and the key board is insufficient to .
accept all facility key rings. KeY'ririgs are not identifiable and keys can be removed from
rings .. , Keysare·p.ot counted. There is no protocol forrestricted·keys.

Recommendations
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Facility management should develop a comprehensive key control system that includes all
governing ICE standards. Keys and locks must be controlled, stored properly, and maintained in
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working order. Keys must be individually counted and key rings identified by a designated
indicator (letter/muuber) chit and a chit including the key count for the ring. Keys should not be
able to be removed from the ring. Compromised, damaged, or lost keys should be dealt with
uniformly. A trained specialist should be appointed to manage this program and that person
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should train other staff to handle keys with care.
. Post Orders - Deficient
Each officer will have written post orders that specifically apply to his/her current duties. The
post orders will specify the duties of the post officer, along with instructions on how to perform
those duties. The step-by-step procedures will include enough detail to guide a novice assigned
to the post. The OIC will also develop post orders for non-permanent assignments (details, .
temporary housing units, emergency changes, etc.) If events preclude advaJ?ce planning, the Ole
will issue a post order as soon as possible after the need arises.
•

There are no post orders for ·any post at TCADC.

Recommendations
A system of Posts Orders should be developed to ptovide direction for staff, in the Interest of.
safety and security. The Jail Administrator should id~ntify a specific staffmember who is
responsible for the implementation of this program and supplemental training forstaff.

Security Insp{)ctions ;.. Deficient
Post assignment in the facility's high risk areas; where special st;:curity procedures ~ust be
followed, should be restricted to experienced personn{!l with a thorough grounding in facility
operations.
•

There was no evidence that a security inspection program is in place for criticalJgf.3,~\)f
.the facility (housing units, utility areas, perimeter fence, visiting area, for exampl~i. .
There are no p:t;ocedures for reporting (to a management official) recurring security .
problems. .There is no .secure visitorp~ss system ip. place.
..

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The facility does not search or maintain a log of incoming or departing vehicles .
(includingstaffpersonat vehicles) to sensitive areas·ofthe facility. Tools are not
inventoried before entering or prior to departure from the facility.

Recommendations

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Facility managers should develop a comprehensive security inspection system,which includes.
ALL areas of the facility and addresses how to respond to problem areas. A secure visitor pass
system would enable staff to accouilt for contractors or volunteer~ iIi the faCility, Contractors
shoulelnot be in control of facility inlout traffic, issuing keys to them should be discontinued.
Vehicles should be searched and logged upon entry or departure and tools should be inventoried .
.. before cominRinto the facility and prior to departure. In summary, the secure perimeter. of the .
facility must~e protected and thorough searches must be commonpiace inside the institution.
Tool Control-.Deficient
Every facility shall establish a tool-control policy with which all employees shall comply. The
Maintenance supeivisor shall· maintain a computer:-generated or typewritten inventory of tools
and equipment, and storage locations. These inventories shall be current, filed, and readily
available during an audit. .
•

Department heads are not responsible for tool control. Tool inventories are not
maintained nor is there a tool classification system. Tools are not marked; there is no
approved tool storage system; there are no procedures regarding issuance ·of tools, or
. addressing lost, broken, or worntools.

Recomm~ndations
Facility managers should develop a comprehensive tool control program and afford training to
those' staff responsible for handling tools. Tools should be accounted for routinely, stored
propedy,'easily identified by stora.ge location, and claSSIfied (restricted Inon-restricted) .
. Guidance should be clear in the event of lost, broken, Or worn tools. As previously mentioned,
any tools entering I leaving the facility with contractors should also be inventoried.
Recommended Rating and Justifica~ion
. It ~s-.the RIC recommendation that the facility receive a rating of "Deficient."

·RIC· Assurance Statement
All findings of this review have been docume~ted on the
written documentation contained
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. in the review file
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:wark Sheets and are supported by the

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Department Of Homeland Security, ' ,
Immigration and Customs Enforcement

Detention'Facility Inspection Form
Facilities Used Over n,hours

A. Type of Facility Reviewed
ICE Service Processing Center
·0
ICE Contract .Qetention Facility
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ICE Intergovernmental Service Agreement

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. B. Current Inspection
Type of Inspection,
,
Field Office ~ HQInspection
Date[s] of Facility Review
AU2:ust'12-14,2008

I~stirriated Man~da)'s Per. Year: , '
G. Accreditation Certrticates
List all State or National Accreditation[s] received:
Texas Commission on Jail Standards 2/08
Check box if facility has no accreditation(s]

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C. PreviouslMost Recent Facility Review
Date[s] ofLast Facility Review
Stmtem ber 11 - 13, 2007 - Initial review
Previous Rating'
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Superior 0 Good ~ Acceptable 0 Deficient 0 At-Risk

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Adult Detention Center

H. ' Problems / Complaints (Copies must be attached)
The Facility is under Court Order or Class Action Fin~ing
Court Order
Class Action Order
The Facility has Significant Litigation Pending
Maior Litigation
Life/Safety Issues
~ Check if None.

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Facilitv History
,
Date Built
1984 / 234 beds
. Date Last Remodeled or Upgraded
1999/426 beds added
Date New Construction / Bed space Added
Currentl2l2 beds being added.
Future COI;lstruction Planned
~YesDNo Date: 1.2/08
Current Bed space,
Future Bed space (# New Beds only)
662
Number: 212 Date: 12/08

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~UL'-.vJ,JJl:t:

(List Office with oversight

't;~p'Jn:;!UJW,Jt;:;J

J. Total Facility Population
Total FacilitY Intake for previous 12 months
10,892 . "
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Total ICE Man-days for Previous ,12 months

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K. Classification

L~vel

,0-

and Duty Station)

INM

Me:mber /Title / Duty Lpcation

nly
ti
tion 01
F. CDFIIGSAI norma
Contract Number
Date of Contract or IGSA
Not Drovided
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,HSBPI007Plz694
Basic Rat~s per.f\:1an-Day
$ 35.00 throu2h 9/30/08
Other Charges: (IfNone, Indicate N/A)
N/A

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Adult Male.:
Adult Female

(ICE SPCs and CDFs Onlv)
L-l
L-2
L-3

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L. Facility CapaCity
Rated
Operational
Emer2:ency· ,
' 544
Adult Male
544
544
118 '
Adult Female
118 '
118
IZI FacilitY holds Juveniles Offenders 16 and oId~r as Ad!lIts
M. Average Daily Population
ICE
r Adult Male
0
I Adult Female'
0

.USMS

Other

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Security:

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supL-po_rt_:_ _ _ _ _~___l1

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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

Detention Facility Inspection Form
Facilities Used Over 72 hours

DepartriIenfOf Homeland Security
Immigration and Customs Enforcement

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-Significant Incident SUniniary Wo~ksheet
.For ICE to.complete its review of your facility, the following iriformation .must be completed prior to the scheduled review dates. The
information on this form should coritain data fot the past twelve months in the boxes provided. The information· on this form is used
in c~njUhction With the ICE Detention Standards in assessing your Detention Operations against the needs ·ofthe ICE and its detain~d
population. This form should be fiIIed 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 onCE' detainees at your facility.

Assault:
Offenders on
Offenders l

Assault:
Detainee on
Staff
Number of Forced Moves,·
incl. Forced Cell moves3

Escapes
Grievances:
# Received

Psychiatric I Medical
Referrals
# Psychia1ric Cases referred for
Outside Care
.

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.

1 .

.

p

p

p

p

0

.0

.0

.0

37

21

13

3.0

P

P

P

P

.0

.0

.0

.0

1

2

1

.0

.0

0

.0

.0

a

.0

.0

.0

# not avail.

# not avail.

# not avail.

# not avail

.0

0

.0

.0

# not avail.

# notavaiI.

# not avail.

# not avail

C

C

C

C

.0

.0

.0

0

.0

.0

.0

.0

0

.0

1*

.0

156

25.0

12.0

157

25

50

II

18

IIA**

.0

.0

0

111 **

0

.0

.0

# not avail.

# not avail

# not avail.

#not avail

#.not avail.

# not avail

# not avail.

#not avail

.

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 detaineesloffendersls not considered "forced" ,
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Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, workstoppages, hostage situations,
majof fires, Of other large scale incidents.

FOR OFFICIAL USE ONL Y(LA W ENFORCEMENT SENSITIVE)
. Form G~324A SIS (Rev. 7/9/.07)

Department Of Homeland S~curity
Customs Enforcement

- Detention Facility InspectioI) Form
. Facilities Used Over 72 hours'

Im~igration and

.Detention Standards Review Summary
2. Deficient. 3. AtRisk

5.
6.
7.
8.

9.
10.
11.
12.

13.

19.
20.
21.

22,
23.
24.
25•.

26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.

Admission and Release
Classification System
Correspondence and Other Mail
Detainee Handbook
Food Service
Funds and Personal Property
Detainee Grievance Procedures
Issuance and Excbange of Clothing, Bedding, and Towels
. Marriage Requests
Non-Medical ~mergencyEscorted Trip
Recreation
Religious Practices
V
. . Work P ..,,,........

Suicide' Prevention and Intervention
It"''''n •...."rl Directives and Death

Detention Files
Disciplinary Policy
Emergency Plans
Environmental Health and Safety
Hold ROOins in Detention Facilities
:Key..and Lock Control
Popuiation Counts
Post Orders
Security Inspections
Special Management Units (Administrative Segregation)
Special Management Units .(Disciplinary Segregation)
Tool Control
Transp()rtation (Land inanagement)
Use of :Force
. Staff I Deta"inee Coinmunication(Added Augu~t Z003)
Detainee TI:ansfer (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. 7/9/07)

'Departme~t Of Homeland SecurityImmigration 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 aU 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 isqperating in
accordance with applicable law and policy, 'and property and resourcesal'e efficiently used and adequately safeguarded, except for the
deficiencies noted in the report.
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Reviewer-In-Charge: (Print Name)

Signature

b6, b7c
b6, b7c

Title & Duty Location

OK

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Print Name, Title, & Duty Location '
IN

,Recommended Rating:

oo Superior
Good '
,'OA,cceptable
IZI Deficient
OAt-Risk

Comments:'
b6, b7c
The Jail Administrator, Majo
was promoted to the Adniinistrator's position in May 2008. The staff were responsive
and helpful throughout the review. The staff were very'visible in the facility and were observed making frequent and positive,
contacts with the population.'

1* Escapes - A -min4num security inmate walked out of the 'secure perimeter on July 28, 2008. He had been assigned to a work detail
in the garagew~sh area, inside the perimeter fence, and walked out the rear gate area after the outside'construction workers had
entered the area. "He was apprehended a short time later with no difficulties.
'
1** D~aths:- A county inmate died ,ofmi.tural causes. 1108
1** Attempts - A coUnty inmate attempted to hang himself in Fel:>Iuary 2008. Staff responded and saved his life.

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

.e
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.
EXECUTIVE REVIEW:

Director

Final Rating:

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

Comments:

The Review Authority has downgraded the recommended rating of "Deficient" to an "At Risk". A Plan
of Action is required for deficiencies identified in the Food Service, Tenninal Illness, Advanced
Directives, and Death, Emergency Plans, Environmental Health and Safety, Key and Lock Control, Post
Orders, Security Inspections and Tool Control standards.

In addition, a Plan of Action is required to address the non-compliant components found in the Detainee
Grievance Procedures, Access to Telephones, Detainee Handbook, Funds and Personal Property, Hold
Rooms in Detention Facilities, Access to Medical, Staff Detainee Communication and Recreation
standards.

Form CC-324A

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)