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ICE Detention Standards
Compliance Review
Frio County Detention Center

September 3-5, 2008
REPORT DATE - September 8, 2008

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Contract Number: ODT-6-D-OOO 1
Order Number: HSCEOP-07-F"OJ016
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, Executive Vice President
. Creative Corrections
6415 Calder, S~ite B
B.eaumont, TX 77706

CQTR
U.S. Immigration and Customs-Enforcement
Detention Standards Compliance Unit
801 I Street NW .
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... ..... -WashihgtoIl,DC205J6·· ....

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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

September 8, 2008
MEMORANDUM FOR:

FROM:

James T. Hayes, Jr.; Director
. Office of Detention and Removal Operations
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SUBJECT:

.JJ'V

-Ch~e

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Frio County Detention Center
Annual Detention Review

Creative Corrections conducted an Annual Detention Review (ADR) of the Frio County
Detention Center (FCDC), Pearsall, Texas, on September 3-5, 2008. As noted on the attached
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am of Subject Matter Experts (SME) included
5MB for Security;
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.
SME for Health Services;
SME for Environmental ~ealth and
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Safety; and
, SME for Food Services.
A closeout meeting that included a discussion of all deficiencies, concer
. recoInmendations noted during our review was conducted with Warden
several of his staff 011 Friday, September 5, 2008. SIEA b6,b7c and lEA
San Antonio Field Office were provided a separate closeout. . .

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arid
ofthe
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Type of Review

This review is an Annual Detention Standards Review to detennine general compliance with
established ICE National Detention Standards for facilities used for over 72 hours.
Review Summary

The Texas Jail Comrilissionhas accredited the FCDC. The American Correctional Association
(Aci~Sha;s not accredited the FCDC.in addition, neither the National Commission on
Correctional Health Care (NeCHC) orthe Joint Commission on Accreditation of Healthcare
Qrg<iillza.tions (lCARO) has accredited the FCDC.
.
Standards
Compliance
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.

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~.;.

TheIollowing statistical information provides a comparison of the resultsoflast year's review:
.

~(l{h~ cWrent review.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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July 17-18,2007·
. Compliant
Deficient
At-Risk
Not-Applicable

Review.

36

o
o
2

September 3-5, 2008
Compliant
. Deficient
At:"Risk
Not-Applicable

Review
34

1

o
3

Access to Medical Care - Deficient
Everyfacility will establish and maintain an accredited/accreditation-worthy health program for
the general well being of ICE detainees.
•

The facility does not operate a health care facility in compliance with state and local laws
and guidelines.

•

Physical examinations/assessments on arriving detainees are not performed by qualified
persomiel.

.•

The vast majority of the medical care in the Frio County DetentiohCenter is provided by .
3 full-time and 4 part-time Licensed Practical Nurses (LPN). With no Registered Nurses
(RN) an4 only a parttimePhysici~ on staff, the facility must insure that adequate
direction or supervision of the LPN staffis provided.

.Recommendations
.•

•

The facility must operate a health care facility in compliance with state and local laws
and guidelines.
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A qualified health care provider.must physically examine/assess arriving detainees within
14 ~s ofadmissionlarrival atthefacility.

RIC Observations·
Facility staff; under the direction of Warden b6,b7c and with the guidance oflEA b6,b7c
demonstrated a cooperative spirit and:awillingness to .enhance operations as needed to improve
compliance with the Detention Standards. In the area of Environmental Health and Safety,
FCPC staff members were able to correct the following as noted:
.'--- --... -. ----- ... Constant inventories for all tlanunaole, toxic, and causticsubstancys .used.-orstored were
established in the Maintenance Department.
Xhemanufacturer'sMaterial Safety Data Sheet (MSDS) file used in the Maintenance
Departmen{washrought up-to-date lor every hazardoUs substance.
MSDS files in the Maintenance Department were made readily accessible to staff and
detainees.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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FDCstaff, who had not received annual tniming in accordance with OSHA 1910.1030 - Blood
',Borne Pathogen Standard (to prevent contact with blood and other hody fluids), were scheduled
for training.
The Review Team noted two areas of best practice:
Tool Control exceeded the requirements bfthe National Detention Standards, as tools
were also color-coded to signify individual users,
, The Property storage room was exceedingly clean and well organized as noted by the
Subject Matter Expert.
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lEA, from the San Antonio Field
It was clear from the beginning of the review that
Office, was closely monitoring the facility's plans for improving performance relative to the
National Detention Standards. By amending current local policies and implementing standard
operating procedures in the areas of Searches, 'Correspondence, Classification, Emergency Plans,
Hold Rooms, Special Management Units, Discipline, and Recreation, the Frio County Detention
Center significantly enhanced operations relative to the National Detention Standards. It is now
'incumbent onthe FCDC staff to fold the new policies into an effective and functional operation
wJ::ten ICE detainees are again housed at the institution.

During the closeout.with the facility staff and the debriefing with ICE representatives, it was
stre~sedJhat the next hurdle would be to match the multitude of changes in procedures with staff
operations and practice. If the facility matches their plans with practice, the San Antonio Field
Office
. should have a competent provider of critically needed qed-space.
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Recommended Rating and Justification
It is the Reviewer-in-Charge' s (RIC) recommendation that the facility receive a rating of
"Acceptable." It is also recommended by the RIC that a Plan of Action be required to implement .
nece:>sary corrective actions for the deficiency noted above.
"

RIC Assurance Statement
!
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All tindmgs of this review have been documented on the Detention Review Worksheet and are
supported by the written documentation contained in the review file.

FOR OFftCtAf:ttSEONLY (LAW ENFORCEMENT SENSITIVE)

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Detention Facility Inspection Form
Facilities Used Over 72 hours

Department Of Homelimd Security
Immigration and Customs Enforcement

IL=~2=s~: . im-,._at_e. .:.d-:M_,

A. Type of Facility Reviewed
ICE Service Processing Center
0'
ICE Con.tract Detention Facility
!ZIICE Intergoverninental Service Agreement

o

G. Accreditation Certificates
List all State or National Accreditation[s] received:
Texas Commission on Jail Standards
Check box if facility has no accreditation[s]

B. Current Inspection
Type ofInspection
Field Office !ZI HQ Inspection"
Date[s] of Facility Review
September 3-5, 2008

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C. PreviouslMost Recent Facility Review
Date[s] of Last Facility Revi.ew.
JulyI7-18,2007
Previous Rating
Superior 0 Good !ZI Acceptable 0 peficient

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H. Problems I Complaints (Copies must be attached)
The Facility is under Court Order or Class Action Finding
Class Action Order
Court Order
The Facility has Significant Litigation Pending
Life/Safety Issues
Major Litigation
!ZI Check if None.

0

At-Risk

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Field Office /Sub-Office (List Office with oversight responsibilities)
San Antonio
'
Distance from Field Office
71 miles
E ICE Information
Name ofInspector (Last Name, Title and Duty Station)
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RIC I Creative Corrections
Name of Team Member/Title I Duty Location
ISME-Security 1 Creative Corrections
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Name of TeaHl Member ITitle IDuiyLocation
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I SME-Health Services I Creative
Correctjons
Name ofTeani Member I Title 1 Duty Location
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SME-Food Services 1Creative Corrections
.. Natn6.Gf':"ThainMember I TcitleJDutyLocation ..
SME-Silfety 1 CTeatlve Corrections
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. IIGSA I n tior-matIon 0 DIy
I
'F.. CDF'
" Pate of Contract or IGSA
Contract Number'
12-01-06
80-99-0218
Basic Rates per Man~Day
$40.56
Other Charges: (If None, IndicateN/A)
N/A
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Tt
D Namean dLocaf Ion 0 fF aCllty
Name'
Frio County Jail
Address (Street and Name)
410 South Cedar st. '
,City; Stateartd Zip Code
Pearsall, Texas
County' ,
Frio
Name and Title of Chief Executive Officer (Warden/OlC/Supt.)
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Warden
Telephone# (Include Area Code)
830

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a...:.n_-_da_y_s_p_e_r_y-ce_a_r:_ _-'--_ _ _ _ _ _ _ _

I

F aClllY
Tt H'IS t ory
Date Built
1988
Date Last Remodeled or Upgraded
1996 - TrevinoUnit - 96 beds
Date New Construction! Bed space Added
..

Future Construction Planned
DYes !ZINo Date:
Current Bed space
Future Bed space(# New Beds o~ly)
Number: N/ADate:
'
391

I

J. Total Facility Population
Total Facility Intake for previous 12 months
.
4553
Total ICE Man-days for Previous 12 months

225

.

K. Classification Level (ICE SPCs and CDFs Only)
L-l
L-2
L-3
N/A
Adult Male
Adult Female

.

L F
T CapacHy
't
aCllty
Emergency
Operational
Rated
Adult Male·
400
391
391
Adult Female
D Facility holds Juveniles Offenders 16 lind older as Adults

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I"
opu
abon
M. Average D al'IYP
ICE
I AdultMale
9
I Adult Femille
0

USMS
66.5
4.5

Other
320

0

N. Facility Staffing Level
b2High

Form G-324A SIS (Rev, 7/9/07)

Department Of Homeland Security
Immigration and Customs Enforcement

Detention Facility Inspection Form
Facilities Used Over 72 hours

Significant Incident Summary Worksheet _
ForlCE 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 informatlonon 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 willresult in a delay in processing this report and the possible reduCtion or removal ofICE' detainees at your facility.

'Physical

Assault:
Offenders on
Offenders l

0

Physical

Physical

Physical

0

0

0

0

5

8
Assault:
Detainee on
Staff

Physical

Physical

Physical

Physical

0

0

0

0

2

0

2

0

I

3

7

0

5

7
0

0

0

0

0

0

0

5

o

o

o

0

0

o

o

0

0

12

10

4

15

o

o

0

0

A

A

II

Deaths

Number
Psychiatric/ Medical
Referrals

()

o

I

1

# Medical Cases referred
Outside Care

26

24

10

40

# Psychiatric Cases referred for
Outside Care

o

o

0

0

Any attempted physical contact or physical contact that in"olves 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 detaineesloffenders is not considered "forced"
Any incident that involves four ormore detainees/offenders,includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations,
major fires, or other large scale incidents.

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

Department Of Homeland Security
Immigration and Customs Enforcement

Detention Facility Inspection Form
Facilities Used Over 72 hours

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

5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

15.
16.

23.
24.
25.
26.
27.
28.
29.
3"0.
31.

32.
33.
34.
35.

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 Pra«;tices
V
Work
m

Detention Files
Disciplinary Policy
Emergency Plans
EnvironmentalHealth and Safety
Hold Roomsin Detention Facilities
Key and Lock Control
Population Counts
Post Orders
Secur.ity Inspections
Special Management Units (Administrative Segregation)
Spe~biI·Management Units (Disc.iplinary.Segregation)
Tool Control
Transportation (Lanc:i ~anagement)

~ "--·"+~I""--"·---~U'Se-"oeForce·"··

37.
38.

Staff I 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.

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

Detention Facility Inspection Form
.. Facilities Used Over 72 homs

Department Of Homeland Security
Immigration and Customs Enforcement

. RIC Review Assurance Statement

By signingbelow, the Reviewer-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 safeguarded,except for the
.deficiencies noted in the report.

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

RIC,· Creative Corrections

Se tember 5, 2008

ITeam Members
Print Name, Title, & Duty Location

Print Name, Title, & Duty Location

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SME"Security, Creative Corrections
prillt Name, Title, & Duty Location.
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SME-Environmental Health andSafety,
Creative Corrections

Recommend~d

Rating:

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SME-Food Services; Creative Corrections
Print Name, Title, & Duty Location

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SME-Health SerVices, Creative Corrections

o Superior
o Good

IZI Acceptable

o Deficient
OAt-Risk

Comments: There were 2 suicide attempts atthe Frio County Detention Center in the past i2 months. The first attempt occurred on
December 4,2007. Ail inmate attempted to strangle himself with his shirt while sitting in the visitation room while waiting to be
booked.theinmatewasrestramed and placed on suicide w a t c h . ·
.
The other attempt was an. inmate who has been atthis facility multiple times and has a history ofsuicidal gestures and attempts. On
July 8, 2008 he attempted to strangle himself with his boxer shorts. He was restrained and placed on suicide watch. This inmate has·
been on suicide watch multiple times over the past year. He is on psychotropic medication and is seen on a regular basis by the.
psychologi~t arid the physician. Both of these incidents were handled properly.
.

FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE)
Form G-324A SIS (Rev. 7/9/07)

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.
HQDRO EXECUTIVE REVIEW: (please Print Name)

Signature
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Date

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Actin Chief, Detention Standards Com liance Unit
Final Rating:

Comments:

D Superior
D Good
IZI Acceptable
D Deficient
D At-Risk
The Review Authority concurs with the "Acceptable" rating. A Plan of Action is required to correct the
deficiencies noted in the Access to Medical Care, Correspondence and Other Mail, Food Service,
Emergency Plans, and Key and Lock Control standards.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)