ICE Detention Standards Compliance Audit - Kinney County Detention Center, Brackettville, TX, ICE, 2008
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ICE Detention Standards Compliance Review Kinney County Detention Center May 27 - 29, 2008 REPORT DATE - June 5, 2008 reative corrections Contract Number: ODT-6-D-000 1 Order Number: HSCEOP-07-F-01016 b6 Executive Vice President Creative Corrections 6415 Calder, Suite B Beaumont, TX 77706 b6 COTR u.s. Immigration and Customs Enforcement Detention Standards Compliance Unit 801 I Street NW Washington, DC 20536 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) ~ '; . " . ·,C reative cor r e c t ion s . 6415 Calder, Suite B • Beaumont, Texas 77706 409.866.9920 • www.correctionalexperts.com Making a Difference! June 5,2008 MEMORANDUM FOR: FROM: Gary E. Mead, Acting Director Office of Detention and Removal Operations b6,b7c b6,b7c Reviewer-In-Charge Creative Corrections SUBJECT: b6,b7c ~ . Kinney County Detention Facility Creative Corrections conducted the Annual Detention Review (ADR) ofthe Kinney County Detention Facility located in Brackettville, Texas, on May 27-29,2008. Kinney County has an Intergovernmental Services Agreement (lGSA) with the United States Marshals Service (USMS) which may be utilized by the Immigration and Customs Enforcement (ICE) to house detainees .. Community Education Centers (CEC) manages the facility for Kinney County and they are considering building an additional housing unit to accommodate ICE detainees. As noted on the b6 attached documents, my team of Subject Matter Experts (SME) included SME b6,b7c b6,b7c for Health Services SME for Environmental Health and Safety; b6 SME for Food Services. SME for Security and b6,b7c meeting was held on May 29,2008, with Warden and b6 Special Assistant to Divisional Director, Community Education Centers, Inc., during which all concerns and recommendations' were discussed. b6 Type of Review: This review is a scheduled Detention Standard Review to determine compliance with ICE National Detention Standards for facilities used under 72 hours. Review Summary: The Kinney County Detention Center is not accredited by the American Correctional Association (ACA), the National Commission on Correctional Health Care (NCCHC), or the Joint Commission on Accreditation of Healthcare Organizations (JCAHO). FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 1/3 Standards Compliance: The following statistical information provides a direct comparison of the May 2008, ADR and the ADR conducted in May 2007. May 22-23, 2007, Review Compliant Deficient At Risk Non-Applicable 35 0 0 3 May 27-29, 2008, Review Compliant Deficient At Risk Non-Applicable 35 0 0 3 RIC Issues and Concerns Environmental Health and Safety The facility should monitor the new Weekly/Monthly Life Safety Equipment Inspection Log conducted and maintained by the Maintenance Supervisor to assure compliance with ICE National Detention Standards and NFPA guidelines. The facility should conduct monthly fire drills in accordance with ICE National Detention Standard and NFPA 101 guidelines, and document emergency key time of issuance and time of unlocking the doors during fIre drills. Access to Medical Care The facility should ensure that nursing assessments and clinical interventions to include administering medications receive the required review and approval by the contract physician. The facility should monitor their internal controls to ensure the nurses provide clinical care within their scope of education and licensure per the Texas Nurse's Practice Act. Controls and compliance reviews for effectiveness of new policies and procedures developed during the review should be maintained. Specifically, detainees need to sign consent forms for all medical treatment to include histories and initial physical examinations. Staff training for identifying and monitoring hunger strikes and distributing medications should also be completed and documented. Special Management Units The facility should ensure that detainees in the Special Management Unit receive five hours of recreation per week. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2/3 Kev and Lock Control The facility should ensure that the staff member assigned to maintain keys and locks attends an approved locksmith training program. The facility should ensure that entry/exit door keys on daily issue and emergency key rings are notched for "no sight" recognition. Recommended Rating and Justification It is the Reviewer-in-Charge 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 to identify and implement necessary corrective actions for the noted RIC concerns. RIC Assurance Statement All findings of this review have been documented on the Detention Review Worksheet attached and are supported by the written documentation contained in the review file. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 3/3 ......... ~ t: c"":' reatlve . ~corrections DETENTION FACILITY INSPECTION FORM FACILITIES USED LONGER THAN 72 HOURS A. Type of Facility Reviewed ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement ~ o o G. Accreditation Certificates List all State or National Accreditation[s] received: ~ Check box iffacility has no accreditationfs] B. Current Inspection Type of Inspection Field Office ~ HQ Inspection Date[s] of Facility Review May 2ih _29th 2008 H. Problems / Complaints (Copies must be attached) The Facility is under Court Order or Class Action Finding Court Order Class Action Order The Facility has Significant Litigation Pending Major Litigation Life/Safety Issues ~ Check if None. o o o C. PreviouslMost Recent Facility Review Date[s] of Last Facility Review May 22-23, 2007 Previous Rating Su~erior 0 Good ~ Acceptable 0 Deficient 0 At-Risk o o Facility H'Istory I Date Built December 2004 Date Last Remodeled or Upgraded N/A Date New Construction / Bed space Added N/A Future Construction Planned Yes ~ No Date: o D N amean dL ocabon 0 fF aCllty T Name Kinney County Detention Center Address (Street and Name) 1501 Ranch Rd. 131 City, State and Zip Code Brackettville, TX 78832 County Kinney County Name and Title of Chief Executive Officer (Warden/OIC/Superintendent) Warden b6,b7c Tele Include Area Code) 830- b6,b7c Field Office / Sub-Office (List Office with oversight responsibilities) San Antonio, TX Distance from Field Office 100 o Current Bed Space 384 I Future Bed Space (# New Beds only) Number: Date: J. Total Facility Population Total Facility Intake for previous 12 months 1,552 Total ICE Mandays for Previous 12 months o K. Classification Level_(ICE SPCs and CDFs Only L-l L-2 N/A Adult Male N/A N/A N/A Adult Female L-3 N/A N/A E Creative Corrections Review Team L b6,b7c b6,b7c Facility C apaclty Rated Operational Emergency Adult Male 384 384 400 Adult Female 0 0 0 Facility holds Juveniles Offenders 16 and older as Adults o b6 b6,b7c M b6 I F CDFIIGSA I norma ~ f IOn 01 DIY Contract Number Date of Contract or IGSA April 1, 2007 M80-05-00 10 Basic Rates per Man-Day $51.20 Other Charges: (If None, Indicate N/A) $12.71 Per Hr Guard Services Estimated Man-days per Year 134,200 I l Average Daily Population ICE AdultMale 0 Adult Female 0 N. USMS Other 375 0 0 0 Facility Staffing Level ort: b2High fOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) -------------------- --- 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. Assaults With Without Assault: Detainee on Staff 0 0 o o 9 6 12 8 S-O P-l S-O P-l S-o P-O S-O P-I 0 o o o 0 Number of Forced Moves, inc!. Forced Cell Moves2 # Times Four/Five Point Restraints AppIiedlUsed Offender / Detainee Medical Referrals as a Result of Injuries Sustained. Escapes J Actual Grievances # Received # Resolved in Favor of OffenderlDetainee Reason (V=Violent, I=I1Iness, S=Suicide, A=Attempted Psychiatric / Medical Referrals Number # Medical Cases Referred for Outside Care # Psychiatric Cases Referred for Outside Care o 0 0 0 0 0 0 o 0 0 o o 0 0 o o 0 0 o o 0 0 3 0 0 o o 0 0 o o 0 0 o o 0 0 o o None None None None 0 0 o o 25 16 17 36 3 4 6 6 2 o 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 DHSIICE DETENTION STANDARDS REVIEW SUMMARY REpORT 1. ACCEPTABLE 1. . 2. 3. 4. 2. DEFICIENT 3. AT-RISK 4. REPEAT 5. NOT FINDING ApPLICABLE Access to Legal Materials Group Presentations on Legal Rights Visitation Access DETAINEE SERVICES 5. Admission and Release 6. Classification System 7. Correspondence and Other Mail 8. Detainee Handbook 9. Food Service 10. Funds and Personal Property 11. Detainee Grievance Procedures 12. Issuance and Exchange of Clothing, Bedding, and Towels 13. Marriage Requests 14. Non-Medical Emergency Escorted Trip 15. Recreation 16. 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 Rooms in Detention Facilities Key and Lock Control Population Counts Post Orders Security Inspections Special Management Units (Administrative Detention) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force Staff / Detainee Communication (Added August 2003) Detainee Transfer (Added ALL 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 of this 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 b6,b7c Title & Duty Location Reviewer in Char e SME - Medical b6 b6,b7c b6 , SME - Food Service RECOMMENDED RATING: COMMENTS: SME - Securit Print Name, Title, & Duty Location Print Name, Title, & Duty Location b6,b7c SME - Safet o o 1ZI o SUPERIOR GOOD ACCEPTABLE DEFICIENT OAT-RISK The Kinney County Detention Center does not authorize the use of Tasers in their facility. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Conections, LLC (Rev. 12/8/07) Page 4 of 4 HEADQUARTERS EXECUTIVE REVIEW I Review Authority The signature below constitutes review of this report and acceptance by the Review Authority. OIC/CEO wiD have 30 days from receipt of this report to respond to aU fmdings and recommendations. HQDRO EXECUTIVE REVIEW: (please Print Name) b6,b7c b6,b7c b6,b7c Actin Chief, Detention Standards Com Hance Unit Final Rating: o Superior o Good o Deficient I:8J Acceptable OAt-Risk ONoRating Comments: The Review Authority concurs with the recommended rating of "Acceptable". A Plan of Action has been received regarding the deficiencies identified in the Environmental Health and Safety, Special Management Unit, Access to Medical Care, and Key & Lock Control Standards. The Review Authority concurs with the Plan of Action and this review is closed. FormG-324A FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)