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6415 Calder, Suite B • Beaumont, Texas 77706
409.866.9920 • www.correctionalexperts.com
Making a Difference!

Date:

November 15, 2007

MEMORANDUM FOR:

John P. Tomes
Director
Office of Detention and Removal

FROM:

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~

Reviewer-In-Charge' -

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Titus County Detention Center
Initial Review

SUBJECT:

Creative Corrections conducted an Initial Review of the Titus County Detention Center (TCDC),
located in Titus, Texas, November 12-14,2007. The facility has an Intergovernmental Services
Agreement (IGSA) with the United States Marshal Services (USMS). Immigration and Customs
Enforcement (ICE) utilizes the existing agreement to house detainees for over 72 hours. As
noted on the attached documents, the team of Subject Matter Experts (SME) included
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Security;
Health Services;
Safety;
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, Food Services; and
, Senior Project Manager.
A closeout meeting was held on November 14,2007, with Sheriff Arvel P. Shepard and his staff.
All deficiencies, concerns, and recommendations were discussed.
Type of Review
This review is a scheduled Detention Standard Review to determine general compliance with
established ICE National Detention Standards.
Review Summary
The facility was constructed in 1991 and is not currently accredited by the American
Correctional Association (ACA), National Commission on Correctional Health Care (NCCHC)
or the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

Standards Compliance
The following information summarizes the standards reviewed and the overall compliance for
this review:
November 12-14, 2007 Review
Compliant
Deficient
At-Risk
Not Applicable

34
4

o
o

Post Orders - Deficient
ICE provides officers all necessary guidance for carrying out their duties. This guidance
includes the post orders established for every post, which are reviewed at least annually, and
given to each officer upon assignment to that post.
•

No policy or written Post Orders were in place.

Recommendations
•

The facility should develop and implement Post Orders, which are consistent with ICE
Detainee standards.

Environmental Health and Safety - Deficient
Every facility will control flammable, toxic and caustic materials through a hazardous materials
program. The program will include, among other things, the identification and labeling of
hazardous materials in accordance with applicable standards (National Fire Protection
Association (NFPA), identification of incompatible materials, and safe-handling procedures.
•

There is no system or written policy/procedures for storing, issuing, and maintaining
inventories of hazardous materials.

•

Constant inventories are not being maintained for all hazardous chemicals.

•

There was no listing of all chemical storage areas that included a plant diagram.

•

The proper personal protective equipment to be used when handling hazardous chemicals
was not noted in appropriate areas.

•

The detainees were unsupervised in areas with unsecured hazardous chemicals.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

•

Vents needed cleaning to ensure proper airflow. Unit showers were in very poor sanitary
condition. A number of ceiling tiles throughout the facility were badly stained and
needed replacing.

•

Living units did not have appropriate temperatures. Three units (L, M, and G) were
checked and temperatures were 63, 63, and 65, respectively.

•

Several chemicals were not stored in the original containers. The containers had no
markings or identifications of any kind.

•

There was no documentation of any training for detainees using hazardous chemicals.

•

The secondary fire exit from the kitchen was blocked on several occasions.

•

The current officer conducting monthly safety and fire inspections does not have any
specialized training.

•

Fire drills are being conducted on a quarterly basis; however, required monthly drills are
not being completed.

•

There are no standard operating procedures for using equipment, cleaners or disinfectants
and a comprehensive cleaning schedule is not posted.

•

There were no spill kits available.

•

•

b2High

There are no written procedures concerning blood and body fluid exposures during an
emergency.

Recommendations
•

There should be a specific policy and procedure on hazardous materials. The program
must include accountability, supervision, and proper labeling of all chemical containers.
Staff should be trained in the use of equipment (gloves, goggles, etc.) and be provided
Material Safety Data Sheet (MSDS).

•

The cleaning of vents and unit showers should be a priority.

•

The unit showers need repainting. Numerous stained and damaged ceiling tiles need
replacing.

•

The heating and cooling system needs repair to ensure all dorms receive proper heating
and cooling.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

•

Procedures are needed in the kitchen to ensure the fire exit is not blocked.

•

The officer conducting fire and safety inspections should receive training from an
appropriate source.

•

The Fire Drill Program is comprehensive and well documented; however, drills need to
be conducted each month.

•

The Sanitation Plan should include additional guidance in using sanitation equipment, use
of sanitation chemicals and a more detailed cleaning schedule.

•

Unused sharps in Medical Services should be inventoried and tracked.

•

A spill kit should be purchased or developed in-house to respond to blood spills.

•

Written procedures need to be developed to instruct staff on proper procedures for
responding to blood or body fluid exposures.

Hunger Strikes - Deficient
All facilities will follow standard guidelines for the medical and administrative management of
ICE detainees engaging in hunger strikes. By monitoring the health and welfare of the individual
detainees, facilities will strive to sustain their lives.
•
•
•

There is no policy or procedure that requires staff to isolate a hunger-striking detainee
from other detainees.
The medical staff does not have any policies or procedures that record the weight and
vital signs of a hunger-striking detainee at least every 24 hours.
A policy does not exist for documenting when a hunger strike starts and that three meals
per day are offered to the detainee.

•

There is no policy that requires staff to record the striking detainee's fluid intake.

•

There is no policy for staff to document all treatment attempts, including informing the
hunger striker of medical risks.

•

Staff should be trained in the identification of hunger strikes. Staff should remain current
in evaluation and treatment techniques.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

Recommendations
•

Develop written policy for the management of hunger strikes that addresses the above
noted deficiencies.

Tool Control- Deficient
It is the policy of all facilities that all employees shall be responsible for complying with the tool
control policy. The Maintenance Supervisor shall maintain a computer generated or typewritten
master inventory list of tools and equipment and the location in which tools are stored. These
inventories shall be current, on file and readily available for tool inventory and accountability
during an audit.
•

The facility has no written tool control policy and does not control tools appropriately.

•

All tools should be stored in secured areas and shadow boards should be utilized to aid in
identification.

•

A portable tool cart maintained inside the supervisor's office had no inventory.

Recommendations
•

A tool control policy should be created which adheres to ICE Detention Tool Control
Standards.

•

The facility should develop and implement a tool classification system.

•

The facility should establish written procedures for marking/etching tools to identify the
storage area.

•

The facility should develop shadow boards and maintain accurate inventories of all tools
in all locations.

RIC Issues and Concerns
There are concerns in the areas of Detainee Handbook, Detainee Grievance Procedures, Food
Service, Funds and Personal Property, and Visiting as follows:

Detainee Handbook
•

The Detainee Handbook needs to be translated into Spanish.

•

An annual review of the handbook needs to be completed.

•

The handbook needs some additional clarification to include information on
classification, special management units, count and meal times, clothing exchange, and
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

•
telephone usage during peak times. The handbook should identify procedures for the
assistance to detainees at all levels of the grievance process.
Detainee Grievance Procedures

•

Expand the Titus County Jail Grievance Plan to include specific verbiage that provides
assistance to detainees when preparing a grievance. The plan should include previsions
for those who are illiterate, disabled, and/or non-English speaking.

•

The policy should also include directions to forward any grievance that involves officer
misconduct to a manager and/or ICE.

Food Service

•

There are no detainee job descriptions in place at this facility. Job descriptions need to be
written, signed by the detainee and maintained in the detainee file.

•

There was no documentation of training for detainee workers available for review.
Workers need to be trained and the documentation placed in the detainee files.

•

There is not a 35-day cycle menu at this facility. This menu needs to be developed and
approved by a registered dietician.

•

There is not a Common Fare Program at this facility. A program should be established to
comply with ICE standards.

• Religious ceremonial meals are not served. The Food Service Department should obtain
a list of these meals. Detainees who chose to participate in the Common Fare Diet
Program should receive meals in compliance with ICE requirements.
•

The carts used to transport food to the housing units are subject to tampering. Food carts
with locking devices should be used to prevent tampering.

•

Detainees are not receiving a pre-employment medical examination. In order to prevent
the spread of infectious diseases, an examination should be completed by Medical
Services prior to assignment in Food Service.

Funds and Personal Property

•

There are no written policies on handling abandoned detainee property. Written
procedures should be established for the disposition of abandoned property per ICE
standards.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

Visiting
•

When detainees arrive, they should be provided information concerning pro bono legal
organizations.

Recommended Rating and Justification
It is the RIC recommendation that the facility receive a rating of "Acceptable." It is also
recommended that a Plan of Action be required to correct the non-compliant standards identified
during this review.

RIC Assurance Statement
All findings of this review have been documented on Form CC-324A and are supported by the
written documentation contained in the review file.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

Creative Corrections
Beaumont, Texas

Facilities Used Over 72 hours

A. Type of Facility Reviewed
ICE Service Processing Center
ICE Contract Detention Facility
[gJ
ICE Intergovernmental Service Agreement

o
o

I Estimated Man-days Per Year
G. Accreditation Certificates
List all State or National Accreditation[s] received:

B. Current Inspection
Type ofInspection
D Field Office [gJ HQ Inspection
Date[s] of Facility Review
November 12,2007

[gj Check box if facility has no accreditation[s]
H. Problems I Complaints (Copies must be attached)
The Facility is under Court Order or Class Action Finding
Court Order
0 Class Action Order
The Facility has Significant Litigation Pending
Major Litigation
0 Life/Safety Issues
[gj Check ifNoneo

o
o

C. PreviouslMost Recent Facility Review
Date[s] of Last Facility Review
Noprevious review.
Previous Rating
D Superior 0 Good 0 Acceptable Deficient 0 At-Risk

O

1 FaCllty
T H Istory
Date Built
1991
Date Last Remodeled or Upgraded

D Namean d Location of Facility
Name
Titus County Detention Center
Address (Street and Name)
304 S Van Buren St
City, State and Zip Code
Mount Pleasant, Texas 75455
County
Titus
Name and Title of Chief Executive Officer (Warden/OIC/Superintendent)
Sheriff Arvel P Shepard
Telephone # (Include Area Code)
(903) b6,b7c
Field Office / Sub-Office (List Office with oversight responsibilities)
Dallas, Texas
Distance from Field Office
110 miles
E. Creative Corrections Review Team
Name ofInspector (Last Name, Title and Duty Station)
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I RIC I Senior Administrator
Name ofTeam Member / Title IDutyLocation
SME / Security
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Name of Team Member / Title / Duty Location
SME I Health Services
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Name of Team Member / Title I Duty Location
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SME I Food Service
Name of Team Member / Title / Duty Location
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l SME / Safety
Name of Team Member / Title / Duty Location
/ SPM I Senior Administrator
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F CDFIIGSA Information Only
Contract Number
Date of Contract or IGSA
No current ICE contract
Basic Rates per Man-Day

I

Date New Construction I Bedspace Added
Future Construction Planned
DYes [gj No Date:
Current Bedspace
Future Bedspace (# New Beds only)
188
Number: Date:

I

J. Total Facility Population
Total Facility Intake for previous 12 months
2987
Total ICE Mandays for Previous 12 months
None
K. Classification Level (ICE SPCs and CDFs Only)
L-l
L-2
L-3
N/A
I AdultMale
N/A
N/A
I Adult Female
N/A
N/A
N/A
L. F acility Ca lacity
Rated
Adult
182

Operational
188

Emer~ency

32

o Facility holds Juveniles Offenders 16 and older as Adults
0
M Average Dal01 y P opu Iafton
ICE
0
I Adults

USMS
31.45

Other
68.55

I
N. Facility Staffing Level

ISecurity:

b2High

ISupport:

b2High

Other Charges: (If None, Indicate N/A)

,

,

,
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Form CC-324A

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)
Form CC-324A SIS

7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.

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 Practices
V
Work PrnorRm

Health Services
18.
19.
20.

Hunger Strikes
Medical Care
Suicide Prevention and Intervention
Terminal
Advanced Directives and Death

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 Segregation)
Special Management Units (Disciplinary Segregation)
Tool Control
Transportation (Land management)
Use of Force
Staff / Detainee Communication (Added August 2003)
Detainee Transfer (Added September 2004)

findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet compliance.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Form CC-324A SIS

Creative Corrections
6415 Calder, Suite B
Beaumont, Texas 77706

ICE Detention Standards Compliance Review Worksheet
(This document must be attached to each Creative Corrections Inspection Form)
This form to be used for inspections of all/GSA facilities used over 72 hours

reative
corrections
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Local Jail- IGSA
State Facility -IGSA
e en t'Ion FaCllty
ICE Con t rac tOt
Tt

Name
Titus County Detention Center

Address (Street and Name)
304 S. Van Buren Street
City, State and Zip Code
Mount Pleasant, Texas 75455
County
Titus
Name and Title of Chief Executive Officer (Warden/OIC/Superintendent)
Arvel Shepard, Sheriff
Name and title of Reviewer-In-Charge
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Date[s] of Review
November 12-14,2007
Type of Review
[8l HeadquartersD Operational

o Special Assessment o Other

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
CC-324A Detention Review Worksheet for IGSAs (Over-72 Hours)

RIC. Review Assurance Statement

By signing below, 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, fmdings of noteworthy
accomplishments are supported by sufficient and reliable evidence. Within the scope ofthe 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

November 15,2007

Team Members
Print Name, Title, & Duty Location
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Print Name, Title, & Duty Location

SME I Security I Creative Corrections

Print Name, Title, & Duty Location
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l SME I Safety I Creative Corrections

Print Name, Title, & Duty Location

I SME I Health Services I Creative

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I SPM I Senior Project Manager

Corrections
Print Name, Title, & Duty Location
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Print Name, Title, & Duty Location

I SME I Food Service I Creative Corrections

Recommended Rating:

o Superior
o Good
IZI Acceptable
o Deficient
OAt-Risk

Comments:

The facility did not have access to the Detention Standards prior to the review; however, they exhibited a
willingness to align current procedures, as necessary, to become more compliant with ICE Standards in future
operations.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Form CC-324A SIS

MANAGEMENT REVIEW

I

lae~ewAutItOflty· .
The signature below constitutes review of this report and acceptance by the Office of
days from receipt of this report to respond to all findings and recommendation
lQDRO MANAGEMENT REVIEW: (Print Name)

The Facility has 30
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Signature
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Date

Title
Chief

Final Rating:

Comments:

D

Superior
DGood
~ Acceptable
D Deficient
D At-Risk

The Review Authority concurs with the recommended rating of "Acceptable". A Plan of Action is
required to address the deficiencies identified in the Post Orders, Environmental Health and Safety,
Hunger Strikes, and Tool Control Detention Standards.
Although a Plan of Action is not required, the Field Office is requested to address the RIC Issues
and Concerns with the facility in regard to:
Detainee Handbook
Detainee Grievance Procedures
Food Service
Funds and Personal Property
Visiting

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Form CC-324A SIS