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S.reative,
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cor r e c t Ion s

6415 Calder, Suite B • Beaumont, Texas 77706
409,866.9920 • www.correctionalexperts.com
Making a Difference!

December 5,2007

MEMORANDUM FOR:

FROM:

John P. Torres, Director
Office of Detention and Removal
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.~

Reviewer-In-Charge' ~
Creative Corrections

SUBJECT:

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'-

Winkler County Sheriff s Department
Annual Detention Review

Creative Corrections conducted the Annual Detention Review of the Winkler County Sheriff s
Department located in Kermit, Texas, on November 26-27, 2007. The facility has an
Intergovernmental Services Agreement (IGSA) with the United States Marshals Service (USMS)
and Immigration and Customs Enforcement (ICE) utilizes the existing agreement to house a
minimal number of detainees involved in immigration proceedings. The facility houses ICE
detainees for Under 72 hours. As noted on the attached documents, the team of Subject Matter
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Experts (SME) i
SME for Security
SME for
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SME for Safety; and
SME for Food Services.
Health Services;

Type of Review:
This review is a scheduled Detention Standard Review to determine general compliance with
established ICE National Detention Standards.

Review Summary:
The facility was constructed in 1995 and is not currently accredited by the American
Correctional Association (ACA), National Commission on Correctional Health Care (NCCHC)
or 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
2006 ADR and the 2007ADR.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

November 20, 2006, Review
Compliant
26
Deficient
1
At-Risk
0
Non-Applicable
1

November 26-27,2007, Review
Compliant
25
Repeat Deficiency
1
Deficient
2
At-Risk
0
Non-Applicable
0

Environmental Health and Safety - Repeat Deficiency
Every facility will control flammable, toxic, and caustic materials through a hazardous materials
program.
The Environmental Health and Safety area was an identified deficiency in the ICE Inspection
report of November 20, 2006. This area remains a concern in this review and little or no
corrective actions have been taken to correct previously identified problems.
•

There is no system in place for issuing or maintaining inventories of hazardous materials.

•

There are no Material Safety Data Sheets (MSDS) for all hazardous substances used at
this facility.

•

There are no MSDS readily accessible to staff and detainees in work areas.

•

The Fire Plan does not include strategic location of fire equipment, exit signage complete
with arrows, and area-specific exit diagrams.

•

The Winkler County Jail (WCJ) staff and/or detainees are currently in possession of and
using restricted use pesticides. There is not a licensed/certified/trained pest-control
professional conducting monthly inspection or preventative spraying.

•

The Winkler County Jail Policy, Section 15.0IC says that electrical cooking devices will
not be permitted in cells or day rooms. Electric coffee pots are sold to detainees through
the commissary. The electric coffee pot qualifies as an electrical cooking device and
should not be made available to detainees in direct violation oflocal policy.

Recommendations
•

The WCJ should develop a system for issuing and maintaining inventories of all
flammable, toxic, and caustic materials.

•

The WCJ should obtain MSDS forms for all hazardous materials on site and used.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

2

•

The WC] should have a file of MSDS forms readily available to staff and detainees in
work areas.

•

The WC] should revise the Fire Plan to include the location of fire equipment, exit
signage complete with arrows, and area-specific exit diagrams.

•

The WC] should utilize a licensed pest-control professional to conduct monthly
inspections and preventive spraying.

•

The WC] should discontinue the practice of allowing detainees to use personal coffee
pots in cells or day rooms.

•

Several coffee pots were observed plugged in and setting in the sink, creating high risk of
electrical shock or electrocution. From a general safety perspective alone, the
accessibility of these electrical devices to detainees is discouraged.

Security Inspections - Deficient
The Officer in Charge (OIC) shall establish a comprehensive security inspection program that
covers every area in the facility, including the perimeter fence.
•

Staff are required to complete inspections; however, there is not a comprehensive
inspection program.

•

The WC] staff did not check the personal identification (lD) of the review team upon
entering the facilily.

•

There was no documentation regarding training programs specific to staff operation of
the Control Center.

•

The Control Center is not a secure operation and staff conduct administrative duties from
within the Control Center.

•
b2High

•

b2High

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

3

•

b2High

Recommendations
•

The WC] should establish and implement a comprehensive inspection program to include
these specific areas:
o

Front Entrance Security Procedures

o

Control Center Operation

o

Perimeter and Sallyport gate areas

o

Search Procedures and Logs

Tool Control- Deficient
It is the policy of all facilities that all employees shall be responsible for complying with the tool
control policy. The Maintenance Supervisor shall maintain a computer generated or typewritten
Master Inventory list of tools and equipment and the location in which tools are stored. These
inventories shall be current, on file, and readily available for tool inventory and accountability
during an audit.
.
•

The facility has no written Tool Control Policy, and does not control tools appropriately.

•

Tools were not stored in secured areas and shadow boards are not utilized to ensure a
security program is in place for tool accountability and loss prevention.

Recommendations
•

A Tool Control Policy should be created which adheres to ICE Detention Tool Control
Standards.
.

•

The facility should develop and implement a Tool Classification System
(HazardouslNon-Hazardous).

•

The facility should establish written procedures for marking (etching), making them
readily identifiable. All tools should be marked in every work location with a symbol
signifying its storage location.

•

The facility should develop shadow boards and maintain accurate inventories of all tools
in all locations.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

4

RIC Issues and Concerns
Detainee Handbook
•

It is recommended that the facility update and revise the Detainee Handbook to include
these specific areas:

o

Initial issue of clothing and bedding

o

Medical exam or sick call procedures

o Use of telephone debit cards
o Direct and free calls
o High Demand phone use
o Emergency phone calls
o Detainee message system
o Visiting hours and schedule

Food Service
•

There are no detainee job descriptions in place at this facility. Job descriptions need to be
written, signed by the detainee and maintained in the detainee file.

•

There was no documentation of training for detainee workers available for review.
Workers need to be trained and all training documentation should be placed in the
detainees file.

•

There is not a 35-day cycle menu at this facility. This menu needs to be developed and
approved by a registered dietician.

•

There is not a Common Fare Program at this facility. A program needs to be established
that is designed to comply with the ICE standards.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

5

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 this
facility identifying necessary corrective actions.

RIC Assurance Statement
All findings ofthis review have been documented on Form CC-324B and are supported by the
written documentation contained in the review file.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

6

Detention Facility Inspection Form
Facilities Used Under 72 hours

Creative Corrections
Beaumont, Texas

ICE Intergovernmental Service Agreement
ICE Staging Facility (12 to 72 hours)
B. Current Facility Review
Type of Facility Review
D Field Office IZI HQ Review
Date[s] of Facility
November 26 & 27, 2007
C. PreviouslMost Recent Facility Review
Date[s] of Last Facility Review
November 20, 2006
Previous Rating
IZI Acceptable D Deficient 0 At-Risk
D. Narne and Location 0 f Facility
Name
Winkler County Sheriffs Department
Address (Street and Name)
1300 Bellaire
City, State and Zip Code
Kermit, Texas 79745
County
Winkler
Name and Title of Chief Executive Officer
(WardeniO IC/Superintendent)
Sheriff Robert Roberts, Jr,
Telephone # (Include Area Code)
432 b6,b7c
Field Office / Sub-Office (List Office with oversight
responsibilities)
El Paso Field Office
Distance from Field Office
266
E

Creative Corrections Information
ewer In Charge (Last, Title and Duty Station)
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/ RIC / Creative Corrections
Name of Team Member / Title / Duty Location
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SME / Health Services
Name of Team Member / Title / Duty Location
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/ SME / Safety
Name of Team Member / Title / Duty Location
/ SME / Security
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Name of Team Member / Title / Duty Location
/ SME / Food Service
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F. CDFIIGSA Information Only
Contract Number
Date of Contract or IGSA
ACD-97-6059
N/A
Basic Rates per Man-Day
N/A

I

Other Charges: (If None, Indicate N/A)
N/A;
Estimated Man-days Per Year
-0-

G. Accreditation Certificates
List all State or National Accreditation[s] received:
Texas Commission on Jail Standards Certification
D Check box iffacili has no accreditation[s]
H. Problems / Com laints Co ies must be attached
The Facility is under Court Order or Class Action Finding
0 Class Action Order
D Court Order
The Facility has Significant Litigation Pending
D Life/Safe Issues
D Ma' or Liti ation
IZI Check if None.

I.
Janu
Date Last Remodeled or Upgraded
N/A
Date New Construction / Bedspace Added
N/A
Future Construction Planned
DYes IZI No Date:
Current Bedspace
Future Bedspace (# New Beds only)
101
Number: N/A Date:

J. Total Facilit Po ulation
Total Facility Intake for previous 12 months
1100
Total ICE Mandays for Previous 12 months
-0-

K. Classification Level ICE SPCs and CDFs Onl
L-l
L-2
L-3
Adult Male
Adult Female
L. Facility Ca~=.1'--_---.--_ _ _ _ _....-_ _ _ _--,
erational
Adult Male
N/A
Adult Female
0
0
N/A

o Facilit

holds Juveniles Offenders 16 and older as Adults

M. Average Daily P0r-r-:u:..:la:::t::.::io~n::....---._-:-:::_ _. -_ _ _--,
ICE
USMS
Other
Adult Male
0
4
65
Adult Female
0
0
17
N.

Facility Staffing
rity:

Support:
b2High

b2High

Form CC-324B

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

Creative Corrections
Beaumont, Texas

Detention Facility Inspection Form
Facilities Used Under 72 hours

Significant Incident Summary Worksheet
For Creative Corrections to complete its Review of your facility, the following information must be completed prior to the
scheduled review dates. The information on this form should contain data for the past twelve months in the boxes provided.
The information on this form is used in conjunction with the ICE Detention Standards in assessing your detention operations.
This form should be filled 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.

Assault:
Offenders on
Offenders l

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

2

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

With
Without

Assault:
Detainee on
Staff

Number of Forced Moves, incl.
Forced Cell moves 3

# Times FourlFive Point
Restraints applied/used

Offender / Detainee Medical
Referrals as a result of injuries
sustained.
Escapes
Actual
Grievances:
# Received
# Resolved in favor of
OffenderlDetainee
Reason (V=Violent, I=Illness,
S=Suicide, A=Attempted

Deaths

Psychiatric / Medical Referrals

# Medical Cases referred for
Outside Care
# Psychiatric Cases referred for
Outside Care

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 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.

Form CC-324B

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

Classification System
Detainee Handbook
Food Service
Funds and Personal Property
Detainee Grievance Procedures
Issuance and Exchange of Clothing, Bedding, and Towels
.l'-"Uj<..lUU" Practices

Detention Files
Disciplinary Policy
Emergency Plans
Environmental Health and Safety
Hold Rooms in Detention Facilities
Key and Lock Control
Population Counts
Security Inspections
Special Management Units (Administrative Segregation)
Special Management Units (Disciplinary Segregation)
Tool Control
Transportation (Land management)
Use of Force
Staff / Detainee Communication
Detainee Transfer

Form CC-324B

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

RIC Review Assurance Statement

By signing below, the Reviewer-In-Charge (RlC) 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, fmdings 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
safeguarded, except for the deficiencies noted in the report.

Reviewer-In-Charge: (print Name)
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Title & Duty Location

December 3,2007

RlC Creative Corrections

ITeam Members
Print Name, Title, & Duty Location

Print Name, Title, & Duty Location
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SME Health Services

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Print Name, Title, & Duty Location
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SME Safety

RIC Rating Recommendation:

SME Security

Print Name, Title, & Duty Location
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SME Food Service

I:8J Acceptable

o Deficient
OAt-Risk

Comments:

The physical plant itself is well designed and the administration maintains a very high level of sanitation. Other
than "Tool Control" and the absence of a "Hazardous Chemical" control program, this facility operates at a high
level. However, practices and proceedures need to be formalized into written policy and activities need to be
documented.

Form CC-324B

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)