U.S. Department of Homeland Security

Immigration and Customs Enforcement
Office of Professional Responsibility
Inspections and Detention Oversight Division
Washington, DC 20536-5501

Office of Detention Oversight
Compliance Inspection

Enforcement and Removal Operations
ERO Chicago Field Office
McHenry County Correctional Facility
Woodstock, Illinois

May 12–14, 2015

COMPLIANCE INSPECTION
for the
MCHENRY COUNTY CORRECTIONAL FACILITY
WOODSTOCK, ILLINOIS
TABLE OF CONTENTS
EXECUTIVE SUMMARY
Overall Findings...................................................................................................................2
Findings by National Detention Standards (NDS) 2000 Major Categories .........................3
INSPECTION PROCESS .............................................................................................................4
DETAINEE RELATIONS ............................................................................................................5
INSPECTION FINDINGS
DETAINEE SERVICES
Detainee Grievance Procedures ...........................................................................................6
SECURITY AND CONTROL
Use of Force .........................................................................................................................6
HEALTH SERVICES
Medical Care ........................................................................................................................7

*

*

*

*

*

INSPECTION TEAM MEMBERS

(b)(6), (b)(7)c

Office of Detention Oversight
May 2015
OPR 201505370

Lead Inspections and Compliance Specialist
ODO
Inspections and Compliance Specialist
ODO
Inspections and Compliance Specialist
ODO
Contractor
Creative Corrections
Contractor
Creative Corrections
Contractor
Creative Corrections
Contractor
Creative Corrections
1

McHenry County Correctional Facility
ERO Chicago

EXECUTIVE SUMMARY
The Office of Detention Oversight (ODO) conducted a compliance inspection of the McHenry
County Correctional Facility (MCCF) in Woodstock, Illinois, from May 12 to 14, 2015. 1 MCCF
opened in 1992 and is owned by McHenry County and operated by McHenry County Sheriff’s
Office. Enforcement and Removal Operations (ERO) began housing detainees at MCCF in 2005
pursuant to an Intergovernmental Service Agreement (IGSA), under the oversight of ERO’s
Field Office Director (FOD) in Chicago, Illinois.
ERO staff members are not assigned
Capacity and Population Statistics
Quantity
to the facility, and a Detention
Services Manager is assigned to the ICE Detainee Bed Capacity 2
250
facility on a part-time basis. A Average ICE Detainee Population 3
160
Sheriff is responsible for oversight of Male Detainee Population (as of 05/12/2015)
205
daily facility operations and is
Female Detainee Population (as of 05/12/15)
8
supported
by
(b)(7)e personnel.
ARAMARK provides food services and Correct Care Solutions, of Nashville, Tennessee,
provides medical services. The facility holds accreditations from the American Correctional
Association, the National Commission on Correctional Health Care, and the Commission on
Accreditation for Law Enforcement Agencies. The facility is not contractually obligated to
comply with the ICE Performance-Based National Detention Standards 2011, Sexual Abuse and
Assault Prevention and Intervention (SAAPI) standard but made efforts to comply. 4

OVERALL FINDINGS
In February 2012, ODO conducted
an inspection of MCCF under the
National
Detention
Standards
(NDS) 2000, reviewing the
facility’s compliance with 17
standards and finding the facility
compliant with 12 standards. There
were a total of five deficiencies in
the remaining five standards.

Inspection Results
Compared

FY 2012
(NDS 2000)

FY2015
(NDS 2000)

Standards Reviewed

17

15

Deficient Standards
Overall Number of
Deficiencies
Deficient Priority
Components

5

3

5

5

N/A

N/A

0

1

Corrective Action

In FY2015, ODO evaluated MCCF’s compliance with the NDS 2000, reviewing the facility’s
compliance with 15 standards and finding the facility compliant with 12 standards. ODO found
five deficiencies in the remaining three standards. Finally, ODO identified one opportunity
where the facility initiated corrective action during the course of the inspection. 5
1

Male and female detainees of security classification level I through III are detained at the facility for periods in
excess of 72 hours.
2
Data Source: ERO Facility List Report as of May 11, 2015.
3
Ibid.
4
MCCF has established a multidisciplinary team consisting of a PREA coordinator, administrative lieutenant, chief
of operations, a nurse, and licensed clinical social worker.
5
Corrective actions, where immediately implemented, best practices and ODO recommendations, as applicable,
have been identified in the Inspection Findings section and annotated with a “C”, “BP” or “R”, respectively.

Office of Detention Oversight
May 2015
OPR 201505370

2

McHenry County Correctional Facility
ERO Chicago

FINDINGS BY NDS 2000 MAJOR CATEGORIES
NDS 2000 STANDARDS INSPECTED 6

DEFICIENCIES

Part 1 – Detainee Services
1. - Access to Legal Material
2. - Admission and Release
4. - Detainee Classification System
5. - Detainee Grievance Procedures
6. - Detainee Handbook
7. - Food Service
8. - Funds and Personal Property
15. - Staff-Detainee Communication
16. - Telephone Access
Sub-Total

0
0
0
2
0
0
0
0
0
2

Part 2 – Security and Control
7. - Environmental Health and Safety
13. - Special Management Unit (Administrative)
14. - Special Management Unit (Disciplinary)
17. - Use of Force
Sub-Total

0
0
0
2
2

Part 3 – Health Services
2. - Medical Care
3. - Suicide Prevention and Intervention
Sub-Total

1
0
1

Total Deficiencies

6

5

For greater detail on ODO’s findings, see the Inspection Findings section of this report.

Office of Detention Oversight
May 2015
OPR 201505370

3

McHenry County Correctional Facility
ERO Chicago

INSPECTION PROCESS
Every fiscal year, the Office of Detention Oversight (ODO), a unit within U.S. Immigration and
Customs Enforcement’s (ICE) Office of Professional Responsibility (OPR), conducts
compliance inspections at detention facilities in which detainees are accommodated for periods
in excess of 72 hours and with an average daily population greater than ten to determine
compliance with the applicable ICE National Detention Standards (NDS) 2000, the PerformanceBased National Detention Standards (PBNDS) 2008 or 2011.
During the compliance inspection, ODO reviews each facility’s compliance with those detention
standards that directly affect detainee health, safety, and/or well-being. 7 Any violation of written
policy specifically linked to ICE detention standards, other policies, or operational procedures
that ODO identifies is noted as a deficiency. ODO will highlight any deficiencies found
involving those standards that ICE has designated with either the PBNDS 2008 or 2011 to be
“priority components.” 8 ICE considers those components to be of critical importance, given
their impact on facility security and/or the health and safety, legal rights, and quality of life of
detainees in ICE custody.
Immediately following an inspection, ODO hosts a closeout briefing in person with both facility
and ERO field office management to discuss their preliminary findings, which are summarized
and provided to ERO in a preliminary findings report. Thereafter, ODO provides ERO with a
final compliance inspection report to: (i) assist ERO in working with the facility to develop a
corrective action plan to resolve identified deficiencies; and (ii) provide senior ICE and ERO
leadership with an independent assessment of the overall state of ICE detention facilities. The
reports enable senior agency leadership to make decisions on the most appropriate actions for
individual detention facilities nationwide.

7
8

ODO reviews the facility’s compliance with selected standards in their entirety.
Priority components have not been identified for the NDS 2000.

Office of Detention Oversight
May 2015
OPR 201505370

4

McHenry County Correctional Facility
ERO Chicago

DETAINEE RELATIONS
ODO interviewed 17 detainees, who volunteered to participate. None of the detainees made
allegations of mistreatment, abuse, or discrimination. The majority of detainees reported being
satisfied with facility services, with the exception of the complaints below:
•

Access to Legal Material: One detainee alleged he submitted a detainee/inmate request
form for additional legal research material two weeks prior to the inspection and had not
received a response.
o

•

A review of the detainee’s detention file revealed there was no detainee/inmate
request form noted in the file, nor received by on-site ICE officials. ERO
personnel were notified about the issue, and the detainee was advised to submit a
detainee/inmate request.

Medical Care: Two detainees alleged they had issues with medical care. One detainee
complained about tooth pain after seeing the dentist and stated medical was not providing
medication. One detainee alleged he was diabetic and experiencing tooth pain.
o

Action Taken: ODO consulted with medical staff about the aforementioned
allegations.
Medical services notified ODO, the detainee with allegations of tooth pain has not
submitted any sick call requests since returning from the dentist. The detainee
was referred to medical services for further review.
Medical services notified ODO, the detainee with allegations of not receiving
adequate medical care, had four dental visits, and there have been no further
dental requests regarding tooth pain. The detainee is seen on a monthly basis by
the medical staff for diabetic reasons and has made no mention of experiencing
any tooth pain. The detainee was referred to medical services for further review.

•

Food Service: Five detainees alleged they are served small portions, the food is
undercooked and rocks and plastic were found in the food. One detainee alleged he did
not receive his diabetic meal.
o

Action Taken: ODO observed the serving of the lunch meal and determined that
meals are served at appropriate temperature. The portions served are in
accordance with the menu. There was no prior record of debris in the meals
served. The detainee with the diabetic meal allegation was served a diabetic meal
during the inspection.

Office of Detention Oversight
May 2015
OPR 201505370

5

McHenry County Correctional Facility
ERO Chicago

INSPECTION FINDINGS
DETAINEE SERVICES
DETAINEE GRIEVANCE PROCEDURES (DGP)
ODO reviewed the grievance procedure and interviewed the grievance coordinator and
determined the facility does not have a grievance committee (Deficiency DGP-1 9).
ODO reviewed 25 detention files and interviewed the grievance coordinator. ODO determined
that grievances are not maintained in the detainee’s detention file for at least three years
(Deficiency DGP-2 10).

SECURITY AND CONTROL
USE OF FORCE (UOF)
ODO reviewed documentation for three calculated use-of-force incidents, which revealed the
use-of-force-team technique prescribed by the standard was not properly followed. Although
multiple staff responded, they did not don protective gear, a supervisor was not on the scene, and
a medical professional was not present (Deficiency UOF-1 11).
During an interview of the special operations commander concerning the three calculated use-offorce incidents, he stated the facility’s fixed closed circuit television cameras have pan, tilt and
zoom capabilities for video recording purposes. ODO notes these cameras have limited range
and there is no audio; further, they did not capture events, which transpired within the cells of the
detainees involved in the three calculated use-of-force incidents. In addition, the use-of-force
team did not video record any of the three incidents (Deficiency UOF-2 12).

9

“The OIC must allow the detainee to submit a formal, written grievance to the facility’s grievance committee.”
See ICE NDS 2000, Standard, Detainee Grievance Procedure, Section (III)(A)(2).
10
“A copy of the grievance will remain in the detainee’s detention file for at least three years.” See ICE NDS 2000,
Standard, Detainee Grievance Procedure, Section (III)(E).
11
“When a detainee must be forcibly moved and/or restrained during a calculated use of force, the use-of-force team
technique shall apply. The team technique usually involves five or more trained staff members clothed in protective
gear, including helmet with face shield, jumpsuit, flack-vest or knife-resistant vest, gloves, and forearm protectors.
Team members enter the detainee’s area together, with coordinated responsibility for achieving immediate control of
the detainee. The supervisor on duty must be on the scene before any calculated use of force. He/she shall direct
the operation, continuously monitoring staff compliance with policy and procedure. The supervisor shall not
participate except to prevent impending staff injury. Whenever possible, a health services professional shall be
present to observe and immediately treat any injuries.” See ICE NDS 2000, Standard, Use of Force, Section
(III)(A)(4)(a)and (d).
12
“The videotaping of all calculated used of force is required.” See NDS 2000, Standard, Use of Force, Section
(III)(A)(2)(b).

Office of Detention Oversight
May 2015
OPR 201505370

6

McHenry County Correctional Facility
ERO Chicago

HEALTH SERVICES
MEDICAL CARE (MC)
An interview with medical staff revealed the facility does not have an on-site dentist. ODO
reviewed 20 medical records, which revealed registered nurses perform the initial health
appraisal which includes hands-on physical examination and dental screening (Deficiency MC1 13).

13

“An initial dental screening should be performed within 14 days of the detainee's arrival. If no dentist is available,
the initial dental screening may be performed by a physician, physician assistant or nurse practitioner.” See ICE
NDS 2000, Standard, Medical Care, Section (III)(E).

Office of Detention Oversight
May 2015
OPR 201505370

7

McHenry County Correctional Facility
ERO Chicago