ICE Detention Standards Compliance Audit - Ector County Detention Center, Odessa, 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 Ector County Detention Center February 19-20, 2008 REPORT DATE - February 28,2008 reative corrections Contract Number: ODT-6-D-000I Order Number: HSCEOP-07-F-OI016 b6 Executive Vice President Creative Corrections 6415 Calder, Suite B Beaumont, TX 77706 COTR b6 U.S. Immigration and Customs Enforcement Detention Standards Compliance Unit 801 I Street NW Washington, DC 20536 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ---------------------------- --------- -------------------- It"''''"'Y':~- IC ... reative ~corrections 6415 Calder, Suite B • Beaumont, Texas 77706 409.866.9920 • www.correctionalexperts.com Making a Difference! February 29,2008 Gary E. Mead, Acting Director Office of Detention and Removal MEMORANDUM FOR: FROM: b6,b7c ~ b6,b7c Reviewer-In-Charge'l- Creative Corrections Ector County Detention Center Annual Detention Review SUBJECT: Creative Corrections conducted an Annual Detention Review (ADR) of the Ector County Detention Center, located in Odessa, Texas, on February 19-20,2008. The facility is operated by the County of Ector, Texas, which has an Intergovernmental Services Agreement with the United States Marshals Service. As noted on the attached documents, my team of Subj b6,b7c b6,b7c b6 Experts included: Security; Health Services; b6 Safety; and Food Services. A closeout meeting was conducted with Sheriff Mark Donaldson and Captain b6,b7c on February 20, 2008, that included a discussion of all deficiencies, concerns, and recommendations noted during this review. Type of Review: This review is a scheduled Detention Standard Review to determine general compliance with established ICE National Detention Standards for facilities used for under 72 hours. Review Summary: The facility is currently accredited by the Texas Commission on Jail Standards. Standards Compliance: The following statistical information provides a direct comparison of the 2006 ADR and this ADR conducted for 2008. December 19 2 2006 Review Compliant Deficient At-Risk Not-Applicable 26 1 0 1 Februan: 19-20 2 2008 Review Compliant Deficient At-Risk Not-Applicable 26 1 0 1 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 1/3 Environmental Heiillli and Saletv - Deficient The Ector County Detention Center does not control flammable, toxic, and caustic materials through a hazardous materials program. The following issues were of concern in this program: • • • • There are no inventories of any chemicals ~xcept for food service. There are no Material Safety Data Sheets (MSDS) for any chemicals except in food servlce. MSDSs were not readily accessible to staff and detainees in their work areas. The fire plan does not address' the following required topics: o Monthly fire inspections o Strategic location of fire protection equipment throughout the facility o Public posting of emergency plans with accessible building/room floor plans o Area-specific exit diagram conspicuously posted in diagramed areas • There is no written procedure to regulate the handling and disposal of used needles and other sharp objects. RECOMMENDATIONS: • • • • • • • • Develop and maintain constant chemical inventories. Obtain up-to-date Material Safety Data Sheets on all chemicals. Insure MSDS's are readily accessible to staff and detainees in their work areas. Have the Fire Plan address monthly fire inspections. The Fire Plan should also include the strategic location of fire protection equipment throughout the facility. There should be public posting of emergency plans with accessible building/room floor plans. Provide area-specific exit diagrams conspicuously posted in diagramed areas. Develop written procedure to regulate the handling and disposal of used needles and other sharp objects. RIC Issues and Concerns Detainee Handbook The Detainee Handbook for Ector County Detention Center consists of a three-page document referred to as Jail Rules that consists of minor and major infractions, brief jail regulations, the visiting policy, inmate discipline and grievances. The final half page of this document serves to document date of issue and signature receipt with a copy going to the central file of each inmate/detainee. The Jail Rules do not address the initial issue of clothing, bedding, or personal hygiene items; when medical examinations will be conducted; the telephone policy; search procedures; and the contraband policy. All of these subjects are required by ICE to be in detainee handbooks. ICE has a National Detainee Handbook dated November 2007, that if used by this facility, would fully accomplish the intent of this requirement. A copy of this ICE FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2/3 wa provi ed10 U. system of policy and controls. UV,,,,lUU"'J.U b6,b7c and lie indicaredtllis would be Incorporated into1lielr Furthermore, since the Jail Rules document is the sole method of orientation for the general population of this facility, it is recommended that a similar rewrite of this document be done to expand and include marly if not all of the ICE required subject matter. This would serve to better inform the general population and may impact positively on a reduction of what are now considered grievances. Recommended Rating and Justification It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of "Acceptable." Itis also recommended by the RIC that a Plan of Action be required for this facility to implement necessary corrective actions. RIC Assurance Statement All findings of this review have been documented on the Detention Review Worksheet and are supported by the written documentation contained in the review file. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 3/3 ·:",,,,.~!ti f Creative. ~ 1t4corree+HH1s DETENTION FACILITY INSPECTION FORM FACILITIES USED LESS THAN 72 HOURS Other Charges: (If None, Indicate N/A) A. TYPE OF FACILITY REVIEWED ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement ~ ;~N/A D D Estimated Man-days per Year 52 G. ACCREDITATION CERTIFICATES D N/A List all State or National Accreditation[s] received: Texas Commission on Jail Standards B. CURRENT INSPECTION Type of Inspection D Field Office ~ HQ Inspection Date[s] of Facility Review February 19-20,2008 H. PROBLEMS / COMPLAINTS (COPIES MUST BE ATTACHED) The Facility is under Court Order or Class Action Finding D Court Order D Class Action Finding The Facility has Significant Litigation Pending D Major Litigation D Life/Safety Issues ~ None C. PREVIous/MoST RECENT FACILITY REVIEW Date[s] of Last Facility Review December 19, 2006 Previous Rating D Superior D Good ~ Acceptable D Deficient D At-Risk, D. NAME AND LOCATION OF FACILITY Name Ector County Detention Center Address 2500 S Highway 385 (PO Box2066) City, State and Zip Code Odessa, Texas 79761 County Ector Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) Mark Donaldson Sheriff Telephone Number (Include Area Code) 432- b6,b7c Field Office 1 Sub-Office (List Office with Oversight) El Paso, Texas Distance from Field Office 290 Miles E CREATIVE CORRECTIONS INFORMATION Name ofInspector (Last Name, Title and Duty Station) b6,b7c / RIC / Creative Corrections Name of Team Member 1 Title / Duty Location b6 SME 1 Medical Name of Team Member / Title / Duty Location b6,b7c i SME / Safety Name of Team Member / Title / Duty Location b6,b7c SME / Security Name of Team Member / Title / Duty Location b6 SME / Food F. CDFIIGSA INFORMATION ONLY Contract Number Date of Contract or IGSA 80-97 -0007 May 25, 2001 Basic Rates per Man-Day $40.87 I I. FACILITY HISTORY Date Built 1994 Date Last Remodeled or Upgraded 1996 Date New Construction / Bed Space Added 1996 Future Construction Planned D Yes ~ No Date: Current Bed space Future Bed Space (# New Beds only) Number: Date: 667 I J. TOTAL FACILITY POPULATION Total Facility Intake for Previous 12 months 10,272 Total ICE Man Days for Previous 12 months 52 K. CLASSIFICATION LEVEL (ICE SPCs AND CDFs ONLY) L-l L-2 L-3 I Adult Male I Adult Female L FACILITY CAPACITY Emergency Rated Operational Adult Male 528 528 528 Adult Female 139 139 139 Facilitv Holds Juveniles Offenders 16 and Older as Adults o . M. AVERAGE DAILY POPULATION ICE I Adult Male 4.3 I Adult Female 0 N. FACILITY STAFFING LEVEL I b2High USMS 5 25 ort: FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/3/07) Other 443 64 SIGNIFICANT INCIDENT SUMMARY WORKSHEET In order for Creative Corrections to complete its review of your facility, you must complete the following worksheet prior to your scheduled review dates. This worksheet must contain data for the past twelve months. We will use this worksheet in conjunction with the ICE Detention Standards to assess your detention operations with regard to the needs of ICE and its detainee population. Failure to complete this worksheet will result in a delay in processing this report, and may result in a reduction or removal of ICE detainees from your facility. Assault: Offenders on Offenders l WithW WithoutW Assault: Detainee on Staff Number of Forced Moves, inc!. Forced Cell Moves 3 P P P p 0 0 0 o 9 29 39 23 0 0 0 S 0 0 0 o 0 0 0 0 0 0 0 # Times FourlFive Point Restraints AppJied/Used Offender / Detainee Medical Referrals as a Result ofInjuries Sustained. .. Escapes Actual Grievances: # Received # Resolved in Favor of OffenderlDetainee Reason (V=Violent, I=IIIness, S=Suicide, A=Attempted Deaths Psychiatric / Medical Referrals Number # Medical Cases Referred for Outside Care # Psychiatric Cases Referred for Outside Care I o 2 20 29 26 21 0/0 0/0 1/0 0/0 0 0 0 o 0 0 0 o 0 5 5 4 0 0 0 o 0 0 0 o 226 639 535 386 * * * * 0 0 0 o 0 0 0 o 39 94 112 83 40 63 69 91 * Unable to obtain this information because the facility does not keep a grievance log. 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. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 2 of4 D 1. ACCEPTABLE TANDARDsRE 2. DEFICIENT 3. AT-RISK 4. REPEAT 5. NOT FINDING ApPLICABLE 4. Classification System 5. Detainee Handbook 6. Food Service 7. Funds and Personal Property 8. Detainee Grievance Procedures 9. Issuance and Exchange of Clothing, Bedding, andTowels 10. Practices HEALTH SERVICES 11. Medical Care 12. Suicide Prevention and Intervention SECURITY AND CONTROL 13. Contraband 14. Detention Files 15. Disciplinary Policy 16. Emergency Plans 17. Environmental Health and Safety 18. Hold Rooms in Detention Facilities 19. Key and Lock Control 20. Population Counts 21. Security Inspections 22. Special Management Units (Administrative Detention) 23. Special Management Units (Disciplinary Segregation) 24. Tool Control 25. Transportation (Land management) 26. Use of Force 27. Staff / Detainee Communication (Added August 2003) 28. Detainee Transfer FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND WHAT IS NECESSARY TO REACH COMPLIANCE. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 3 of4 RIC REVIEW ASSURANCE STATEMENT By signing below, the Reviewer-In-Charge (RIC) certifies that: All findings of non-compliance with policy or inadequate controls, and fmdings of noteworthy accomplishments, contained in this Inspection Report, are supported by evidence that is sufficient and reliable; and Within the scope ofthis review, the facility is operating in accordance with applicable law and policy, and property and resources are being efficiently utilized and adequately safeguarded, except for any deficiencies noted in the report. b6,b7c b6,b7c Title & Duty Location Februa RIC, Creative Corrections 19-20,2008 Print Name, Title, & Duty Location b6 SMEI Medical b6,b7c b6,b7c ! SMEI Securi RECOMMENDED RATING: SMEI Safe Print Name, Title, & Duty Location Print Name, Title, & Duty Location b6 /SME/Food o SUPERIOR o ~ o GOOD ACCEPTABLE DEFICIENT OAT-RISK COMMENTS: The number of grievances reported is skewed. This facility logs and treats any detainee request to staff member as a grievance. Our review of the actual files found that the number of real grievances would be, in most cases, fewer than 10 per month. The vast majority are simply requests to staff members for information. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 4 of4