ICE Detention Standards
Compliance Review
West Texas Detention Facility

October 14-16,2008
REPORT DATE - October 18,2008

reativ8

corrections

Contract Number: ODT-6-D-OOOl
Order Number: HSCBOP-07-F-O 1016
Executive Vice President
Corrections
6415 Calder, Suite B
Beaumont, TX 77706
COTR
U.S. Immigration and Customs Enforcement
Detention Standards Compliance Unit
801 I Street NW
Washington, DC 20536

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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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

October 18, 2008

:rvrnMORANDUM FOR:

James T. Hayes, Jr.~ Director
Office of Detention Lllt-,

iJv

FROM:

Reviewer-In-C~g "'

SUBJECT:

West Texas Detention Facility
Annual Detention Review

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ore

Creative Corrections conducted an Annual Detention Review (ADR) of the West Texas
Detention Facility (WTDF), operated by Emerald Companies (Be), located in Sierra Blanca,
Texas, on October 14-16.2008. The United States Marshal's Service (USMS) has a contract to
house prisoners at this facility and, Immigration and Customs Enforcement (ICE) has also'
housed detainees under this agreement. The facility waS housing only USMS detainees at the
time of this review. As noted on the attached documents, the team of Subject Matter Experts
5MB for Safety;
8MB
Health Services;
5MB for Food Service.
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Assistant
A closeout meeting was conducted on October 16, 2008 with Warden
Warden
and various facility Department Heads and Supervisors. Deficiencies,
'Concerns, and areas of strength were discussed at this meeting. In additio14 a meeting was
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conducted on October 15. 2008 with Assistant Field Office Director
aDd ICE

Agent_
Type of Review

This review was a scheduled ADR to detem;rlne general compliance with established ICE
National Detention Standards for housing ICE detainees pending further review or removal.

Review SumIDary

Ee constructed and activated the WTDF in 2004 with a rated capacity of 500. This facility was
constructed using conventional design and materials. In 2008~ Ee added 4 modular housing
units inside the secure perimeter with a rated capacity of 512 beds. These modular units are
constructed with wood flooring covered with carpet, aluminum sheathed waIl panels, and an
insulated roof system covered with fabric. These units are presently used as temporary hoUsing
(minimUm security) for US Marshall's prisoners, bOth male and female. These units were
included in the review.
The facility is accredited by the American Correctional Association (ACA), and the Texas
Commission on Jail Standards. They are not accredited by the Joint Commission on

Accreditation ofHealthcare Organizations (JCAHO), or the National Commission on
Correctional Health Care (NeCHC).
Standards Compliance

The following statistical information provides a comparison of the 2007 ADR and this ADR
conducted for 2008.
Odober 14-16,2008

November 26·28, 2007
Compliant
Deficient
At-Risk
Non-Applicable

34
2

o

2

Compliant
Deficient
At-Risk
Non-Applicable

35

o

o
3

RIC Obsen'atioDs

RIC Concern
. The locking devices at the Modular Housing Units are not in compliance with the ICE Detention

Standard for Key and Lock Control, Section 4, Keying, Authorizing, and Non-Authorized Locks,
as well the National Fire Protection Association Life Safety Code book 101, section 23.4.
These locking devices are not detention grade hardw~ and should be phased out.

as

Best Practices
·West Tens Detention Facility Policy
WIDF Policy is comprehensive and well written. Local policies closely align with ICE

Detention Standards and include specific procedures or operational directives relevant to ICE
detainees.

Law Library
The facility law library is well managed and offers a wide range of legal research materials,
books, documents, and Lexus Nexus stations. All materials specified in ICE Detention Standard,
Access to Legal Materials, Attachment A, were available to the detainee population.

.... '
Recommended Rating and Justification
It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of
"Acceptable." It is also recommended by the RIC that a Plan of Action be required for the
facility to complete necessary corrective action for replacing the locking devices in the Modular

Housing Units.

.

RIC Assurance Statement

All findings oftbis review have been documented on the Detention Review Worksheet and are
supported by the written documentation contained in the review file.

Detention Facility Inspection Form
Facilities Used Over 72 hours

Department Of Homeland Security
Immigration and Customs Enforcement

A. Type of Facility Reviewed
D
ICE Service Processing Center
D
ICE Contract Detention Facility
[8]
ICE Intergovernmental Service Agreement
B. Current Inspection
Type of Inspection
Field Office ~ HQ Inspection
Date[s] of Facility Review

o

October 14-16,2008

C. PreviouslMost Recent Facility Review
Date[s] of Last Facility Review
Initial
Previous Rating
..
Superior 0 Good 0 Acceptable D Deficient D At-Risk

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D. Nameand

E. Accreditation Certificates

List all State or Natioual Accreditation[s] received:
ACA, August 2007, Texas Commission on· Jail Standards,
June 2008
[ ] Check box if facilitY has no aCl;reditationrs]
F. Problems I Complaints (Copies must be attached)
The Facility is under Court Order or Class Action Finding
Court Order
0 Class Action Order
The Facility has Significant Litigation Pending
Major Litigation .
D LifefSafety Issues
. ~. Check if~one..
\',

o

o

I. Facility Historv
Date Built
August, 2004
Date Last Remodeled Or Upgraded
NfA
Date New Construction I Bedspace Added
February, 2008
Future Construction Planned
DYes 181 No Date:
Current Bedspace
Future Bedspace (# New Beds ouly)
Number: NfA Date;
1000

I

J. Total Facility Population
Total Facility Intake for previous 12 months
4,371
Total ICE Mandays for Previous 12 months
18,523
K. QassIfication .~vel (ICE SPCs and CDFs Only)
.,
..
.... :......: ....
...... ..
.
L-l
L-2
L-3
Adult Male
Adult Female

E. Creative Corrections Review

Healtb

L. Facility Ca.'FI)=-::ac~itv~~_,--_~_ _- r -_ _ _-----,
.. : ... , .:... :: . .
Rated
Operational Emere;ency
Adult Male
826
576
826
Adult Female
174
174

D
F. CDFIIGSA I ntiormation

Contract Number
80-05-0005
Basic Rates per Man-Day

o DIy
I
I Date of Contract or IGSA
04-01-07

Facility holds Juveniles Offenders 16 and older as Adults

'( Popu fa bOD
•
M.Average DaJ.y.

,':

..

l Adult Male

I Adult Female

ICE
0
0

USMS
428.
49

Other
0
0

$60.00

Other Charges: (If None, Indicate N/A)
N/A
Estimated Man-days per Year
121.750
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Form G-324A SIS (Rev. 7/9/07)

Detention Facility Inspection Form
Facilities Used Over 72 hours

Department Of Homeland Security
Immigration and Customs Enforcement

Significant Incident Summary WorkSheet

For ICE to complete its review of your facility. the following information must be completed prior to the scheduled review dates. The
information on this fonn should contain data for the past twelve months in the boxes provided. The information on this fonn is used
in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained
PQpulation. This form should be fined 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 ofICE' detainees at your facility.

Assault:
Offenders on
Offenders l

Assault:
Detainee on
Staff

0

Physical

Physical

Physical

0

o

o

o

0

6

4

0

o

o

0

o

o

0

o

o

o
o
o

0

o

o

o

0

o

·0

o

0

o

o

o

0

o

o

o

0

o

o

o

0

o

o

o

o

o

0

0

# Times FourlFive Point

Restraints applied/used

Escapes

0

Actual

Psychiatric I Medical
Referrals

for
Cases referred for

28

21

16

6

2

3

4

o

0

o

o

o

0

o

o

o

21

16

16

3

0

o

o

o

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 consCIlting 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 situatiolll!,
major fires, or other large scale in cidents.

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

. Detention Facility Inspection Form

Department Of Homeland Security
Immigration and Customs Enforcement

DHSJICE Detention Standards Review Summary Report
2. Deficient 3. At Risk
4.
1.

Facilities Used Over 72 hours

5.Not

Access to Legal Materials
Group Presentations on Legal Rights
Visitation
Access
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

Admission and Release
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
Vo
Work P ...~tS"Qm
Hunger Strikes
Medical Care
Suicide Prevention and Intervention
Advanced Directives and Death

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 Rooins in Detention Facilities
Key and Lock Control
'Population Counts
Post Orders
Security Inspections
Special Management Units (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.

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

Detention Facility Inspection Form
Facilities Used Over 72 hours

Department Of Homeland Security
Immigration and Customs Enforcement
RIC Review Assurance Statement

By signing below, the Review~r-In-Charge (RIC) certifies that all 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 is operating in
accordance with applicable law and policy. and property and resources are efficiently used and adequately safeguanied, except for the

deficiencies noted in the report.

and Environmental Health

Recommended Rating:

o Superior
o Good
~ Acceptable
o Deficient
OAt-Risk

Comments:
West Texas Detention Facility (WTDF) isa well managed and clean:facility with good leadership and a dedicated staff As reflected
on the Significant Incident Summary Worksheet, they manage the inmate population in a professional manner and have a low number
of significant" incidents. There were no deficiencies identified dUring the review.
On April 30, 2008 two WTDF correctional officers were guarding US
the Culberson County
Hospital in Van Horn. Texas. One of the correctional officers
to allow him to go to the bathroom, and he
ran from the hospital room. The correctional officers gave chase. struggled with the detainee, but were unable· to subdue him. One of
the officers fired two w~shots as he pursue<iWU.
Local law enforcement was alerted and Texas Department of Public Safety
Officers apprehended !!!I!!!!§!!!. short time later near the interstate bighway. He was transported back to WIDF without incident. An
investigation into the escape indicated staff fiilled to follow existing policy. The staff members involved in this incident were given
disciplinary action and additional armed escort training.

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FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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