ICE Detention Standards Compliance Audit - Travis County Sheriffs Office Jail and Correctional Complex, Austin, TX, ICE, 2008
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ICE Detention Standards . Compliance Review Travis County Jail / Correctional Complex May 20-21,2008 REPORT DATE - May 29, 2008 reative corrections Contract Number: ODT·6·D·0001 Order Number: HSCEOP·07·F·01016 _ Executive Vice President Creative Corrections 6415 Calder, Suite B .Beaumont, TX 77706 U.S. Immigration and Customs Enforcement Detention Standards Compliance Unit 801 I Street NW Washington, DC 20536 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 6415 Calder, Suite B • Beaumont, Texas 77706 409.866.9920 • www.correctionalexperts.com .Making a Differencel May 29, 2008 MEMORANDUM FOR: FROM: . Gary E. Mead, Acting Director Office of Detention and Removal Operations b6, bIc .Reviewer-In-Charge Travis County Sheriff s Office Jail and Correctional Complex Annual Detention Review SUBJECT: Creative Corrections conducted the Annual Detention Review (ADR) of the Travis County Sheriffs Office Jail I Travis County Correctional Complex, located in Austin, Texas and Del Valle, Texas, on May 20-21,2008. The facility has an Intergovernmental Service Agreement (IGSA) with Itnrriigration Customs on the attached documents, my . Matter Experts (SME) SME for Health Services; SME for Enviornmental Health and SME for Food Service; SME for Security. A review closeout was conducted on W Jail Administrator, Captain Captain ImmigratIOn Enforcement Agent. During the closeout all deficiencies, observations, 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 for facilities used under 72 hours. Review Summary: .The facility is not accredited by the American Correctional Association (ACA), the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) or the National Commission on Correctional Health Care (NeCHC). Standards Compliance: The following ~tatistical information outlined provides a direct comparison of the 2007 ADR and this ADR conducted for 2008. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 1/2 March 19-20,2007, Review Compliant 26 Deficient 1 i\t-Rislr 0 Non-i\pplicable 1 May 20-21, 2008, Review Complaint 26 Deficient 1 i\t-Risk 0 Non-Applicable 1 Tool Control-Deficient Every facility will establish a tool-control policy with which all employees shall comply. The Maintenance Supervisor shall maintain a computer-generated or typewritten inventory of tools and equipment, and storage locations. These inventories shall be current, filed, and readily available during an audit. • The facility has no tool classification system in place for restricted and non-restricted tools. Recommendation Develop .a tool classification system identifying both restricted and non-restricted tools. RIC Observations Detainee Grievance Procedures Staff should notify ICE officials when an allegation of staff misconduct is received from a detainee via the grievance process. Environmental Health and Safety Staff should increase focus on the control and inventory of hazardous chemicals throughout the facility. Such chemicals should be used as directed by the manufacturer and distributed for detainee use with general safety and security in mind, specifically in the food service area. Spray . bottles should replace aerosol cans. Recomniended Rating and Justification It is the Reviewer-in-Charge (RIC) 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 deficiency and the RIC Observations. RIC i\ssurance 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 ONL Y (LAW ENFORCEMENT SENSITIVE) 2/2 f--"-'\~ - tC.reative . ; . corrections DETENTION FACILITY INSPECTION FORM FACILITIES USED LEsS THAN 72 HOURS A. TYPE OF FACILITY REVIEWED ICE Service Processing Center ICE Contract Detention Facility ICE Intergovernmental Service Agreement ~ o o B. CURRENT INSPECTION Type- of Inspection Field Office IZ/ HQ Inspection Date[s] of Facility Review May 20-21,2008 Basic Rates per Man-Day $45.00/day Other Charges: (If None, Indicate N/A) , , ; IZ/N/A Estimated Man-days per Year 35,000 o G. ACCREDITATION CERTIFICATES I:8J N/A List all State or National Accreditation[s] received: C. PREVIOUSIMOST RECENT FACILITY REVIEW Date[s] of Last Facility Review N/A-Initial Review Previous Rating _ Superior -0 Good 0 Acceptable 0 Deficient 0 At-Risk H. PROBLEMS / COMPLAINTS (COPIES MUST BE ATTACHED) The Facility is under Court Order or Class Action Finding Court Order 0 Class Action Finding The Facility has Significant Litigation Pending Major Litigation 0 Life/Safety Issues IZ/ None o D. NAME AND LOCATION OF FACILITY Name Sheriff's Office Jail and Correctional o o I. FACILITY HISTORY Date Built JulY 1986 Date Last Remodeled or Upgraded N/A Texas 78617 Date New Construction I Bed Space Added Completion date approximately March 2009J87 additional Future Construction Planned I:8J Yes 0 No Date: Del Valle Correctional Complex Future Bed Space (# New Beds only) Current Bed space 2750 - Number: 87 Date: March, 2009 I Code) . Sub-Office (List Office with Oversight) San Texas Distance from Field Office 80 miles J. TOTAL FACILITY POPULATION Total Facility Intake for Previous 12 months 60,503 Total ICE Man Days for Previous 12 months Initial Review K. CLASSIFICATION LEVEL aCE SPCs AND CDFs ONLY) Duty Station) I Administration lVlemOI~r / Title / Duty Location . and Control n.l"lUU"l I Title I Duty Location Health Services lY.l"lUU"l / Title / Duty Location I Food Service lY.l"111U'" I Title I Duty Location 5MB / Environmental Health Name of Team Member / Title / Duty Location . I F. CDFIIGSA INFORMATION ONLY Contract Number Date of Contract or roSA ODT-6-D-000I 1, 1993 I AdultMale I Adult Female L. FACILITY CAPACITY Rated Adult Male 1937 Adult Female 228 L-l 30 3 L-2 688 21 Operational 2630 353 L-3 37 0 Emer2ency . 2630 353 o Facility Holds Juveniles Offenders 16 and Older as Adults M. AVERAGE DAILY POPULATION ICE l Adult Male 94 I AdultFemaie 0 FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/3/07) USMS Other 26 . 0 2834 0 SIGNIFICANT INCIDENT SUMMARY WORKSHEET In order for Creative Corrections to complt;)te its review of your facility; you must complete the following worksheet prior to your schedul~d 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 <.>f 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. Assault: . Offenders on Offenders l With Without Assault: Detainee on Staff Number of Forced Moves, inc!. Forced Cell Moves3 Unavailable Unavailable Unavailable Unavailable Unavailable Unavailable Unavailable Unavailable I3 18 24 14 Unavailable Unavailable Unavailable Unavailable Unavailable Unavailable Unavailable Unavailable 6 8 8 3 7 3 24 16 2 2 2 # Times FourlFive Point Restraints AppJied/Used I I Offender I Detainee Medical Referrals as a Result of Injuries. Sustained. I 5 2 8 7 25 16 210 162 161 204 C C C C 9 14 21 21 0 0 2 o 0 0 0 154 l33 102 49 13 2 5 7 Illness N/A Illness Illness Escapes Grievances: Deaths Psychiatric I Medical Referrals # Received # Resolved in Favor of OffenderlDetainee Reason (V=Violent, I=Illness, S=Suicide, A=Attempted Number # Medical Cases Referred for Outside Care # Psychiatric Cases Referred for Care 2 0 386 467 371 434 Unknown Unknown Unknown Unknown 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) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page2of4 DBS/ICE DETENTION STANDARDS REVIEW SUMMARY REpORT 1. ACCEPTABLE 3. 4. 5. 6. 7. 8. 9. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 2. DEFICIENT 3. AT-RISK 4. REPEAT 5. NOT FINDING APPLICABLE Classification System Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels Practices Detention Files Disciplinary Policy Emergency Plans Environmental Health and Safety Hold Rooms in Detention Facilities Key and Lock Control Population Counts 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 FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND T 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.ofnoteworthy 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. SME-EnviornmentaI Health RECOMMENDED RATING: OSUPERlOR o GOOD IZI ACCEPTABLE o DEFICIENT OAT-RISK COMMENTS: The facility maintains tazers and has utilized them 13 times during the past 12 months. The deaths at the facility were due to cardiac arrest, no other information was available. This facility does not .track Detainee on Detainee nor Detainee on Staff assaults that occur in the facility. The three attempted escapes listed above were those inmates with special mental needs who violated perimeter policies of the facility and . was then deemed as an escape attempt. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) © 2007 Creative Corrections, LLC (Rev. 12/8/07) Page 4 of4 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. Director Final Rating: 0 Superior Good Acceptable [8J Deficient OAt-Risk No Rating o o o Comments: The Review Authority has downgraded the recommended rating of "Acceptable" to "Deficient" due to the use ofEMDDs (Electro Muscular Disruption Devices). No plan of action is required in regard to the use ofEMDDS. A plan of action has been received and accepted for the deficiencies identified in the Tool Control Standard, Environmental Health and Safety and Detainee Grievance Procedures. This Review is closed. Form CC-324A FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)