•

--''ice of Detention and Re. moval Operations
. Department of Homeland Security

: '
• 4 '5 I Street, NW
------Washington, DC205J6 -- -

- ----

u.s. Immigration

and Customs
Enforcement
Septe~ber

MEMORANDUM FOR:

FROM:

24, 2007

John P. Torres
Director
Office of Detentio
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SUBJECT:
'\- 1'1.- 0 1 -\--hrv C\\ U \ D'1 ~
The Harlingen, Texas Field Office, Office of Detention and Removal conducted a detention review
of the Brooks County Detention enter on September 18 to
007. This review was
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conducted by Deportation
cers
and
This facility is used for
detainees requiring housin over 72 hour .

Type of Review:
This review is a scheduled Operational Review to determine general compliance with established
Immigration and Customs Enforcement (ICE) National Detention Standards, for facilities utilized for
detention over 72 hours. The last review of this facility was on April 14, 2006.
Review Summary:
The Brooks County Detention Center is owned and operated by L.C.S. Corrections. Warden
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advised that L.C.S. is currently reviewing and revising policies and manuals; policy
dated 2005. Brooks County Detention Center is not currently accredited.
Review Findings:
The following information summarizes those standards not in compliance. Each standard is
identified and a short summary provided regarding standards or procedures not currently in
compliance.
Compliant
Deficient
At-Risk
Non-Applicable

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Subject: Detention ReviaSummary Report
Page 2
_

•

Standards Summary Findings:
Classification System-Deficient:
• ICE does not provide facility with information on detainees' criminal history or information
in reference to case information or proceedings.
• The facility currently classifies all ICE detainees as high flight/escape risks.
• ICE detainees are all housed together and separate from USM and BOP detainees .

../ ICE needs to be addressed in providing pertinent information for classification purposes .
../ Plan of Action: Facility is providing classification information in the detainee handbook, they
are also purchasing new uniforms in attempt to address classification system.
Detainee Handbook-Deficient:
• Information provided in handbook is very limited in reference to the classification system,
count times, issuance of specific items, religious programming, free calls to consulates,
programmed phone numbers and the grievance process.
• An inspection of dorms and living areas indicate this information is not provided in any
written form.
• We were advised by staff that most of the information is provided to detainees verbally by
staff.

../ Plan of Action: Facility Administration has provided us with a draft copy of the new
detainee handbook being prepared. They will address deficiencies noted during this
inspection.
Disciplinarv P olicy-Deficient:
• The detainee handbook does not identify sanctions imposed with infractions.
• Disciplinary reports are not properly reviewed and forwarded as required .

../ Plan of Action: Facility Major will address the disciplinary issue as well as post in the new
detainee handbook.
Environmental Health & Safety-Deficient:
• Cleaning supplies are maintained in janitor closets in 2 outer buildings.
• No record of inventory maintained.
• Logs for handling and disposing requirements are not available.
• Inmates where observed handling chemicals without gloves and cleaning supplies were not
clearly identified on containers.
• The staff is provided with limited training in handling flammable, toxic materials upon
employment and is limited to accessibility to MSDS manuals.
• No record of OSHA inspection was provided.

../ Plan of Action: Warden and his staff will address deficiencies.
:

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Subject: Detention Revi~ummary Report
Page 3
•

Key and Lock Control-Deficient:
• Key ring indicates 7 keys are available, only 6 key on ring.
• One key contained is broken, the lock was changed and 2 additional keys were added
without removal of broken key.
• Facility is equipped with one safe; the only person with knowledge of combination is the
administrative assistant.
• Seven keys were logged out off the key control; only six keys were properly signed out in
log.
• Facility could not provide an inventory sheet.
./ Plan of Action: Warden advised that they are currently utilizing a temporary chit system. He
and the Chief of security will address key control to incorporate a more efficient system.
Post Orders-Deficient:
• The Post Orders have not received annual review, the last update and review was 2005.
•
b2High

•
•

The tower guard is an armed position and has not qualified with provided weapon.

./ Plan of Action: Post Orders are currently under review by Facility Administration. They
will address deficiencies noted during this inspection.
Special Management Unit (Administrative Segregation) -Deficient:
• No administrative segregation order available.
• No record of supervisor reviews or 7 day reviews.
• Copies of decision are not provided to detainee.
• Medical staff only provides health case visits upon request from detainee .
./ Plan of action: Facility administrator will address SMU. RIC was advised that medical
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staff conducts visits but has no form of documentation (Confirmed with Head Nurse
.
Facility
administrator
will
address
health
care
documentation
with
medical
staff.
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Special Management Unit (Disciplinary Segregation) -Deficient:
• Disciplinary segregation orders were not available.
• Inspector was advised that they are placed in inmate folders upon completion of segregation.
• No reports were available for detainees currently in segregation.
• Medical staff only provides health case visits upon request from detainee .
./ Plan of Action: Facility Administrator will address SMU. RIC was advised that medical
staff conducts visits but has no form of documentation. Facility administrator will address
health care documentation with medical staff.

Subject: Detention Revi.~ummary Report
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Page 4

Transportation-Deficient:
• The Facility's current policy does not meet ICE standards. Transport vehicles are not
equipped with two-way radios.
• The Warden advised that although officers carry Nextel phones, there are large areas where
service is not available .
./ Plan of Action: The Warden the RIC that the LCS policy is currently under review and will
address Transportation issue.
Use ofForce-Deficient:
• The Facility's policy does not cover less than lethal procedures.
• Logs for use of force are not available.
• Policy does not meet ICE standards in the consultation with supervisors or medical staff
prior to use of force .
./ Plan of Action: The Warden the RIC that the LCS policy is currently under review and will
address Use of Force issue.

RIC Observations:
BEST PRACTICE: The facility's food service department has an outstanding program. The kitchen
supervisor was very knowledgeable of policies and practices. The kitchen staff was very courteous,
orderly and efficient throughout the inspection. The kitchen vents, ceilings, storage rooms and
freezer were free of oils or debris. The carts and tray were clear of any buildup or grease; appeared
clean and sanitary.
STAFF: The staffwas questioned at length on various components. The staffwas knowledgeable
of policies and procedures in place. Although some of their policies were contrary to ICE
requirements, the staff provided truthful information in respect to practices and procedures. The
staff was very friend and courteous and appeared to have great rapport with one another.
COMMUNICATION: There are no significant concerns or issues as a result of the review. ICE staff
is not on-site or part of the management team ofthe facility. The United States Marshal Service has
oversight ofthis facility; representatives from the USMS were not available during this review.

RIC Issues and Concerns
In reviewing the disciplinary policy for the Brooks Detention Center, the facility does not have a
policy compliant with ICE standards. Detainee rules of conduct, sanctions and procedures for
violations are not addressed the detainee handbook nor in any other written form of notification.
According to their policy, detainees may be deprived of bedding, recreation time and visitation rights
for disciplinary violations. Such sanctions, if imposed, may have effect on detainees' welfare and
well-being. Furthermore, lack of logs or documentation of disciplinary actions taken can not be
provided or accounted for by the facility.

Subject: Detention ReviaSummary Report
PageS
.,

Recommended Rating and Justification:
It is the Reviewer in Charge recommendation that the facility receive a rating of "Acceptable".
It is the reGommendation ofthe RIC that a plan of action is required for this facility.

RIC Assurance Statement:
All findings of this review have been documented on Form G-324A and are supported by the written
documentation contained in the review file.

•

Department Of Homeland Security __
Immigration and Customs Enforcement

A. T

D
D
~

G. Accreditation Certificates
List all State or National Accreditation[s] received:

ICE Service Processing Center
ICE Contract Detention Facility
ICE Intergovernmental Service Agreement

~ Check box if facility has no accreditation[s]

B. Current Ins ection
Type of Inspection
~ Field Office D HQ Ins ection
Date[s] of Facility Review
9/17/07 - 09/21107
C. PreviouslMost Recent Facilit Review
Date[s] of Last Facility Review
01126-27/2006
Previous Rating
D Su erior D Good ~ Acce table D Deficient D At-Risk
D. Name and Location of Facilit
Name
Brooks Coun Detention Center
Address (Street and Name)
901 Coun Road 201
City, State and Zip Code
Falfurrias, Texas 78355
County
Brooks
hief Executive Officer (Warden/OIC/Superintendent)
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lude Area Code)
Tele
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361
Field Office / Sub-Office (List Office with oversight responsibilities)
SNA Field Office
Distance from Field Office

E. ICE Information
Name ofInspector (Last Name, Title and Duty Station)
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De ortation Officer / Pearsall, Texas
Name of Team Member / Title / Duty Location
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/ De ortation Officer / Hutto, Texas
Name of Team Member / Title / Duty Location
/
/
Name of Team Member / Title / Duty Location
/ /

Detention Facility Inspection Fonn
Facilities Used Over 72 hours

H. Problems / Complaints (Copies must be attached)
The Facility is under Court Order or Class Action Finding
D Class Action Order
D Court Order
The Facility has Significant Litigation Pending
D Major Litigation
D Life/Safety Issues
~ Check if None.
I. Facility History
Date Built
2001
Date Last Remodeled or Upgraded
2002
Date New Construction / Bedspace Added
2002
Future Construction Planned
D Yes ~ No Date:
Current Bedspace
I Future Bedspace (# New Beds only)
Number:
Date:
544

J. Total Facility Population
Total Facility Intake for previous 12 months
AVERAGE 542
Total ICE Mandays for Previous 12 months

K. Classification Level (ICE SPCs and CDFs Only)
L-2
L-3
L-l
I AdultMale
I Adult Female
L. Facility Ca r>acitv
Rated
480
Adult Male
Adult Female
64

D

Operational

Emergency

480
64

480
64

Facilitv holds Juveniles Offenders 16 and older as Adults

F.
Date of Contract or IGSA
Contract Number
09/30/2004
ACD-4-H-I003
Basic Rates per Man-Day
$47.00
Other Charges: (If None, Indicate N/A)
N/A; ; ;
Estimated Man-days Per Year
365

USMS

Other

400
44

25
10

Adult Male
Adult Female
N. Facility Staffing L
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ort:

Fonn G-324A (Rev. 8/13/04) No Prior Version May Be Used After 10/1104

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 form should contain data for the past twelve months in the boxes provided. The information or. this form is used
in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detained
population. 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 and the possible reduction or removal ofICE' detainees at your facility.

o
Assault:
Offenders on
Offenders!

2

4

3

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

o

Restraints applied/used

o

o

o

o

Offender / Detainee Medical
Referrals as a result of
sustained.

o

o

o

o

o

o

o

o

o

o

o

o

23

11

18

o

2

o

o

o

o

o

o

o

o

o

o

o

o

o

0

o

o

o

Assault:
Detainee on
Staff

N

# Times FourlFive Point

Escapes
Actual
Grievances:
# Received
# Resolved in favor of
OffenderlDetainee
Reason (V=Violent, I=I1lness,
S=Suicide, A=Attempted

Deaths

Psychiatric / Medical
Referrals

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

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 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 G-324A (Rev. 8/13/04) No Prior Version May

Be Used After 10/1/04

1.
2.
3.
4.

7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.

Access to Legal Materials
Group Presentations on Legal Rights
Visitation

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

Detention Files
Disciplinary Policy
Emergency Plans
Environmental Health and Safety
Hold Rooms 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 nec:ess:ary

.®
Form G-324A (Rev. 8/13/04) No Prior Version May Be Used After 10/1/04

RIC Review Assurance Statement
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. ._

- - - -

By signing below, the Reviewer-In-Charge (RIC) certifies that all fmdings 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.
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(print Name)
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Title & Duty Location

D.O.,

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Team· Members
Print Name, Title, & Duty Location

Print Name, Title, & Duty Location
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D.O., Hutto, Texas
Print Name, Title, & Duty Location

Print Name, Title, & Duty Location

Recommended Rating:

D Superior

o Good

IZI Acceptable

o Deficient
OAt-Risk

Comments:
The majority of inmates detained at Broo~t;Jillltt::'f....:Detention Center are US Marshals and Bureau of Prisons detainees. There were
no detainees held for ICE at the time 0
pection. he facility provides temporary detention for ICE and year to Idate the facility has
held 252 ICE detainees for an averag 0 6.9 days.
.
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Warden
has informed us th they are
ed and operated by LCS and their policies and proced1;ll'es are currently under
review. He has also advised that his staff is reVIewing local policy and procedures in effort to implement policies that will "cater" to
on site specific issues.
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Warden
addressed concerns and the differences of detaining inmates for US Marshal and Bureau of Prison inmates versus
ICE inmates. Despite the differences required from these agencies, the Warden has advised that Standard Operating Procedures are
being corrected and implemented to address the deficiencies and meet ICE standards and requirements.

Form G-324A (Rev. 8/13/04) No Prior Version May Be Used After 10/1/04

MANAGEMENT REVIEW

IReview Authorjty

The signature below constitutes review of this report and acceptance by the Office of Detention and Removal. The Facility has 30
_
from receipt of this report to respond to all findings and recommendations.
HQDRO MANAGEMENT REVIEW: (print Name)

Signature

John P. Torres

,

I

Title

Date

Director (Acting)

Final Rating:

D Superior
DGood

D Acceptable
D Deficient
D At-Risk
Comments:

Form G-324A (Rev. 8/13/04) No Prior Version May Be Used After 10/1/04