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Midland County Detention

SUBJECT:

vvJ!ON!

The Midland County Detention Center Plan of Action dated n. U,<I.''''
The plan was developed in response to a review conducted by
18,2009.

2009, has been received.
COJ:recUOllS on February 17~

The
Authority concurs with the Plan of Action and this review is closed. 'Die Field Office
following actions in accordance with the Detention Management Control
must now initiate
Program ..,u'n..>'
1)

&,Gl..w,u.. h,.......

and Removal

the facility within

memorandum.

include a copy of this

ensure that the ..~,.,,'u."J' COlnpJ!1eS
(RIC) will coruluet
G324B, Detention
Memo,ran.amn within 90 days.
3) The next W:UJruai review will 00 scheduled on or before
Should you or
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I·'A"'''''''''''''

staff have any questions regarding this mal:ter,
uelremlon
Deportation Officer at (202) 732~ b6,b7c

ce: Offi.clal File
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Summary
17, 201
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OjJlr:e af Detentian and Removal Operations
U.S. Department of Homeland Security

SOO 12'h Street, SW
Washington. DC 20536

JUN 26
MEMORANDUM FOR:

Robert E. Jolicoeur
Field Office Director
Id Once
/
,

FROM:

SUBJECT:

Midland Detention Center Annual Review

The annual review ofthe Midland Detention Center conducted on February 17-18,2009, in
Midland, Texas, has been received. The Review Authority has assigned an interim rating of
Deficient due to the use of Electro Muscular Disruption Devices (EMDDs) in this facility;
otherwise a rating of"Acceptable" would have been assigned. A Plan of Action is needed to
address the line item deficiencies noted in the Environmental Health and Safety, Special
Management Units (Administrative and Disciplinary), Access to Telephones and Use of Force
standards.
The policy regarding the use of EMDDs is currently being reviewed and no plan of action is
required at this time.
A rough draft of the preliminary findings were sent to the Field Office on February 23, 2009.
The rating was based on the Reviewer-In-Charge (RIC) Summary Memorandum and
supporting documentation. 'fhe Field Office Director must remedy the deficient standards, and
initiate the following actions in accordance with the Detention Management Control Program
(DMCP):
1) The Field Office Director, Detention and Removal Opel'ations, shall notify the facility
within five business days of receipt of this memorandum. Notification shall include
copies of the Form G-324B Detention Facility Review Form, the G-324B Worksheet,
RIC Summary Memorandum, and a copy of this memorandum.
2) The Field Office Director is responsible for ensuring that the facility responds to all
findings and a Plan of Action is submitted to the Review Authority (RA) within 30
days.
3) The RA will advise the Field Office Director once the Plan of Action is approved.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
www-ice.gov

Midland Detention Center Annual Review
Page 2 of2
Onoe aJ!lan of }\otion is appl'oveq) th~
on the eP9ve noteddeficien~i.(';s withln

Field
i~ responsible for
greern.ent (lGSA)
facUity to respond to the Immigration and CUSUlm~ liultorc:em,ent findings when .ussistance is
"."'.,~"'''•. Notification to the facility shan
information that this assistance is available.
U'U""'j.<l.,,,,

you or yoiifstaifhl1vc any questions regarding this nla1tter,
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(202) 732-

Acting Deputy Assistant Director)

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co: Official File
ICf;;J;!QDRO

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2-5514:02/2414009
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contact
Division at

l\I(anag~ment

.:.. •• lo:,... ,

ICE Detention Standards·
Compliance Review
Midland Detention Center

February 17-18,2009··
REPORT DATE - February 25, 2009

Contract Number: ODT-6~D-OOO 1
Order Number: HSCEOP-07-F-OlOt6
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Executive Vice President
Creative Corrections
6415 Calder, Suite B
Beaumont, TX 77706

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COTR
Immigratic,mand Customs Enforcement .
Detention Standards CompliaJWe Unit
SOO12tb St, SW
Washingto8. DC 20024

U~S.

FOR· OFFICIAL USE ONLY (LAW ENFORCEMENT.SENSITIVE)

',"~."

'

'C
,
' r a a ti' va
,

,

,

,

~conections

6415 Calder, Suite B • Beaum'ont,Texas 77706
409.866.9920. www'.oorreotlonalexperts.oom

, February25, 2009

MEMORANDUM FOR:

James T. Hayes,Jr.
Dii'ector
'
Office of Detention and Removals Operations

FROM:

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Reviewer~In-Char

, SUBJECT:

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f~

Midland County Detention Center
Annual Detention Review

Creative Corrections conducted an Annual Detention Review (ADR) of the Midland County
, Detention Center, located in Midlarid, Texas,on February 17~18, 2009. As noted on the attached
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documents, the team of Subject Matter Experts included
for Security; b6,b7c
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,for HealthServices; b6,b7c , for Environmental Health and Safety; and b6,b7c ,
, for Food Services.
'
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A closeout meeting was conducted on February 18,2009, with Captain
and
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Lieutenant
. The closeout included a discussion of aU aspects of 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 §ummaa
The facility is not accredited by the National Commission on Correctional Health Care, the
American Correctional Association, ortheloint Commission on Accreditation of Healthcare
Organizations.
Standards Compliance ,
, The following statistical information provides a direct comparison of the 2008 ADR and this
A-DR conducted for 2009
'
, Februan 2008
Compliant
»eficient
At-Risk
, Not-Applicable

Review
,,26

1

o
1

, February 2009
Compliant
Deficient'
, At-RIsk'
Not-Applicable

Review
27
'0

FOR OFFICIAL USE ONLY (LAW EN~.oRCEMENT SENSITIVE)

o
1

1/2

Recommended Rating and Justification
_
- It is the RIC recommendation that the facility receive a rating of "Acceptable." As there were no
deficiencies noted above, no Plan -of Action should be required.
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 OFFI~IAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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2/2

_ _ _ _ _ _ _ _ _ _- ' - -_ _- - ' -_ _ _ _- ' - -_ _ _ _ _ _

...........-......I

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Detention Facility Inspection PonTI
Facilities Used Under 72 hours

Department Of Homeland Security
Immigration a:nd Customs Enforcement .
A. TYPE OF FACILITY REVIEWED
ICE Service Processing Center
ICE Contract Dettmtioil Facility
ICE Intergovernmental Service Agreement

D·
·0
181·

G. ACCREDITATION CERTIFICATES D N/A
List all State or National Accreditation[s] received:

Texas Commission on JailStandards

B. CURRENT INSPECTION
Type ofInspection
..
Field Office 181 HQ Inspection
Date[s] of Facility Review

o

Febrm~ry 17~ 18,

PROBLEMS I COMPLAINTS (COPIES MUST BE ATTACHED)
De Facility is under Court Order or Cla~s A~tio? Finding
Court Order
D Class Action Fmdmg
The Facility has Significant Litigation Pending
M~ior Liti28tion
·0 LifelSafetv Issues
181 None
H.

2009

o

C•. PREVlouslMoST RECENf FACILITY REVIEW
Date[s] of Last Facility Review
February 21-22. 2008
Previous Rating
Superior 0 Good 0 Acceptable 181 Deficient D At-Risk

I. FACILITY HIStORY
Date Built
April 1990
Date Last Remodeled or Upgraded

o

.

D NAME AND LOCATION OF FACILITY
Name
Midland County Detention Center
Address
. 115 W. Industrial
City, State and Zip Code
Midland. Texas 79702
COUllty
Midland
Name and Title of Chief Executive Officer
(Warden/OIClSuperintendent)
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Captain
Telephone Number (Include Area Code)

Future Construction Planned
181 Yes 0 No Date: In fioal plannin\! stalles.
Current Bed space
Future Bed Space (# New Beds only)
296
Number: 400 Date: Not determined.

I

J. TOTAL FACILITY POPULATION
TotalFacility Intake for Previous 12 months
10.930

Total IeR Man Days for Previous 12 months
8395

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Field Office 1Sub-Office (List Office with Oversight)
EI Paso Texas
Distance from Field Office
300 Miles

.

E ICE Information
Name ofinspector (Last Name, Title and Duty Station)
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1RIC 1Creative Corrections
Name of Team Member 1Title 1 Duty LOcation
1SME 1Security
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Name of Team Member 1Title 1 Duty Location
1SME 1Medical Services
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Name of Team Member 1Title 1 Duty Location
1SME 1Food Service
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Name ofTeam Member 1Title 1 Duty LOcation
! SME/ Environmental Health and Safety
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.

Date New Construction 1 Bed Space· Added

F CDFIIGSA INFORMATION ONLY
Contract Number·
Date ofContract or IGSA
January 1.1999
80-99-0079·
Basic Rates per M;m-Day
544.00
Other~harge~: (If~~t, Indicate N/A)
•..•
,N/A
•Estimated Man-days per Year

I

K

CLASSIFICATION LEVEL (ICE SPCS AND CDFs ONLY)
L-l
L-2
L-3
I AdultMale
I Adult Female
L

FACILITY CAPACITY
Rated
Operational
Emergency
Adult Male
248
248
258
Adult Female
48
48
48
[J Facility Holds Juveniles Offenders 16 and Older as Adults
M. AVERAGE DAILY POPULATION
ICE
I AdultMale
22.9
I Adult Female
.7

USMS

Other

29.6
5.3

236
·38

N. FACILITY STAFFING LEVEL

!

port:
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300

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Fonn 0'-3248 SIS (Rev. 7/9/07)

.....

_------------,

SIGNIFiCANT INCIDENTSUMMARX WORKSHEET
..

.

In order for Creative Corrections to complete its review of your facility, you mYn cotnplete the following worksheet prior to your
scheduled review dates. This worksheet must contain data forthe 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
fr.omyour facility.

Assault:
Offenders on
Offenders'

Assault:
Detainee on
Staff

PIS

p

P

p

o

o

o

o

8/1

11

7

11

p

P

NA

p

o

o

o
o

o

2

4

2

4

o
o

3
Number of Forced Moves, incl.
Forced Cell Moves3

10

# Times Four/Five Point
Restraints Applied/Used

.,

'

"

'.

Offender / Detainee
RefelT8ls as a Result of [njuries
I·
Sustained.
Escapes
Grievances:

""

'"

....

~.

'

;'

,

"

' I

8

3

0

0

0

0

o
o

4N

12N

18N

21N

B

B/IIC/1

BI15 C/3

BI2I C/6

2

2

6

o

4

2

0

0

o

·0

104

78

107

42

0

0

o

o

o

o

o

o

8

9

22

21

55

39

51

52

•

3

Deaths

Psychiatric I

Any attempted physical contact or physical· contaCt that involves two or mOR: offenders
Oral, anill or vqinalpenetratlon or attempted pelKlttation involving alleast 2 parties; V(Itether it is consenting or non-consentiilg
Routine lranspolfalion of dct&inees/offendm Is.not considered "forced".
..
.
Any i.,cidenUllat involves four or JI1()RI detaineesloft'enders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situalions,
m~r fires, or other large scale incidenls.

FOR OFFICIAL USE oNLy (LAW ENFORCEMENT SENSITIVE)
Fonn G-324BSIS (Rev. 7/9/01)

DHSIICEDETENTION STANDARDS REVIEW SUMMARY REpORT
3. AT-RISK.

4~REPEAT

$. NOT

FINDING

APPL.ICABLE

and Releas.e
Classification System
Detainee Handbook
Food Service
Funds and Personal Property
Detainee Grievance Procedures
Issuance and Exchange of Clothing. Bedding. and Towels
Practices
........ilU.,'''UJ.1

13.
14.
15.
] 6.
17.
18.
19..
20.
21,

22.
23.
24..
25.
26.
21.
28.

Detention Files
Disciplinary Policy
Emergency Plans
Environmental Health and Safety
Hold Rooms in Detention Facilities
Key and Lock Control
Pop.... lation Counts
Security Inspections
Special Management Units (Administrative Detention)
Special Management Units (Disciplinary Segregation)
Tool Control
Transportation (Land management)
Use of Force
Staff I Detainee Communication (Added August 2003)

FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND
WHAT IS NECESSARY TO REACH COMPLIANCE.

FOR OFFICIAL USE ONI.Y(LAW ENFORCEMENT SENSITIVE)
.

Form G-324B SIS (IV,v.1/9/07)

RIC REVIEW ASSURANCE STATEMENT
By StONING BBLOW, THE REVIBWER-IN-CHARGB (RIC) CERTIPIES THAT:
,

'

1. ALL FINDINGS OF NON-COMPLlANCE WITH POLICY OR INADEQUATE CONTROLS, AND FINDINGS OF NOTEWORTHY
2.

ACCOMPLISHMBNTS, CONTAINED IN THIS INSPECTIONREPOR.T, ARB SUPPORTED BY EVIDENCE THAT IS SUFFICIENT AND
REUABLE; AND
•
'"
WlTHIN THE SCOPE OF THIS REVIEW, THE FACILITY IS OPERATING IN ACCORDANCE WITH APPLICABLE LAW AND POLICY, AND
PROPERTY AND RESOURCES ARE BEING EFPICIENTLY UTILIZED AND ADEQUATELY SAFEGUARDED, EXCEPT FOR ANY
DEPICIENCIES NOTED IN THE REPORT.

RevieWflf-ln-Charge: (Print Name)

Signature

Title &. Duty .Looltion

Date

RIC, Creative Corrections

Februa

"
','

Print Name, Title, &; Duty Loeation

Print Name, Title, &. Duty location

5MB, Security

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5MB, Medical

RECOMMENDED RATING:

SME, Environmentlll Health and Safety

Print Na1l10; Title, &; Duty Location

Print Name, Title, &; Dilly Location
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18 2009

TEAM MEMBERS

"

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,5MB Food Service

[8'J ACCEPTABLE
DDEFICIENT
OAT-RISK

COMMENTS: The facility maintains a high level of sanitation and living areas are uncluttered.
The facility has gained approval for an extensive renovation and expansion. [t is expected that this major project will begin within
2009.

The previous rating of Deflcient was based on the use of Tasers. The prior year ADR found one deficiency in the Tool Control
standard; improvements have been made in this area to bring it up to an ~cceptable level.

.

. -

-

,FOR OFFICIAL USEONLY (LAW ENFORCEMENT SENSITIVE)
.

.

Form G-324BSIS. (Rev. 719107)