ICE Detention Standards Compliance Audit - Taylor County Adult Detention Center, Abilene, TX, ICE, 2008
Download original document:
Document text
Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
ICE'Detention Standards Compliance Review Taylor County Adult Detention Facility August 12 - 14, 2008 REPORT DATE -August 22,2008 ti·v e 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 ~OTR ....~ : .' . U.S. Immigration and Customs Enforcement Detention Standards Compliance Unit '-gOl I Street NW Washington, DC 20536 FOR OFFICIAL USE ONLY (LAW'ENFORCEMENT SENSITIVE) "i" ."~ ': " 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. ":""" -. . . . ' 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. " FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 1/6 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. .FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2/6 • 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. ' , an • 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. ' ' - 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 FOR 'OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) , 3/6 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. . ". • .""., 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 . . . ' . ~ . 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 FOR OFFICIAL USE ONt Y (LAW ENFORCEMENT SENSITIVE) 4/6 . . ' . 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 . 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. .. • • 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 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 5/6 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 . . in the review file . .. :wark Sheets and are supported by the ' FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 6/6 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 '~ ICE Intergovernmental Service Agreement o . 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] o o C. PreviouslMost Recent Facility Review Date[s] ofLast Facility Review Stmtem ber 11 - 13, 2007 - Initial review Previous Rating' , , Superior 0 Good ~ Acceptable 0 Deficient 0 At-Risk o 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. o o o o I. 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 I ~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 . " . Total ICE Man-days for Previous ,12 months o 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 , . ,HSBPI007Plz694 Basic Rat~s per.f\:1an-Day $ 35.00 throu2h 9/30/08 Other Charges: (IfNone, Indicate N/A) N/A I .,' Adult Male.: Adult Female (ICE SPCs and CDFs Onlv) L-l L-2 L-3 '. 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 ~ Security: ' " supL-po_rt_:_ _ _ _ _~___l1 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) . Form G-324A SIS (Rev. 7/9/07) Detention Facility Inspection Form Facilities Used Over 72 hours DepartriIenfOf Homeland Security Immigration and Customs Enforcement .. . -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 . .. . 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" , .. . 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. ' ' Reviewer-In-Charge: (Print Name) Signature b6, b7c b6, b7c Title & Duty Location OK 1:>6 ------- 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)