ICE Detention Standards Compliance Audit - Winkler County Sheriff's Department, Kermit, TX, ICE, 2007
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i ;ii2"":~ S.reative, •.', cor r e c t Ion s 6415 Calder, Suite B • Beaumont, Texas 77706 409,866.9920 • www.correctionalexperts.com Making a Difference! December 5,2007 MEMORANDUM FOR: FROM: John P. Torres, Director Office of Detention and Removal b6,b7c .~ Reviewer-In-Charge' ~ Creative Corrections SUBJECT: b6,b7c '- Winkler County Sheriff s Department Annual Detention Review Creative Corrections conducted the Annual Detention Review of the Winkler County Sheriff s Department located in Kermit, Texas, on November 26-27, 2007. The facility has an Intergovernmental Services Agreement (IGSA) with the United States Marshals Service (USMS) and Immigration and Customs Enforcement (ICE) utilizes the existing agreement to house a minimal number of detainees involved in immigration proceedings. The facility houses ICE detainees for Under 72 hours. As noted on the attached documents, the team of Subject Matter b6 b6,b7c Experts (SME) i SME for Security SME for b6,b7c b6 SME for Safety; and SME for Food Services. Health Services; 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 1995 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). Standards Compliance: The following information summarizes the standards reviewed and the overall compliance for this review. The following statistical information outlined provides a direct comparison of the 2006 ADR and the 2007ADR. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) November 20, 2006, Review Compliant 26 Deficient 1 At-Risk 0 Non-Applicable 1 November 26-27,2007, Review Compliant 25 Repeat Deficiency 1 Deficient 2 At-Risk 0 Non-Applicable 0 Environmental Health and Safety - Repeat Deficiency Every facility will control flammable, toxic, and caustic materials through a hazardous materials program. The Environmental Health and Safety area was an identified deficiency in the ICE Inspection report of November 20, 2006. This area remains a concern in this review and little or no corrective actions have been taken to correct previously identified problems. • There is no system in place for issuing or maintaining inventories of hazardous materials. • There are no Material Safety Data Sheets (MSDS) for all hazardous substances used at this facility. • There are no MSDS readily accessible to staff and detainees in work areas. • The Fire Plan does not include strategic location of fire equipment, exit signage complete with arrows, and area-specific exit diagrams. • The Winkler County Jail (WCJ) staff and/or detainees are currently in possession of and using restricted use pesticides. There is not a licensed/certified/trained pest-control professional conducting monthly inspection or preventative spraying. • The Winkler County Jail Policy, Section 15.0IC says that electrical cooking devices will not be permitted in cells or day rooms. Electric coffee pots are sold to detainees through the commissary. The electric coffee pot qualifies as an electrical cooking device and should not be made available to detainees in direct violation oflocal policy. Recommendations • The WCJ should develop a system for issuing and maintaining inventories of all flammable, toxic, and caustic materials. • The WCJ should obtain MSDS forms for all hazardous materials on site and used. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2 • The WC] should have a file of MSDS forms readily available to staff and detainees in work areas. • The WC] should revise the Fire Plan to include the location of fire equipment, exit signage complete with arrows, and area-specific exit diagrams. • The WC] should utilize a licensed pest-control professional to conduct monthly inspections and preventive spraying. • The WC] should discontinue the practice of allowing detainees to use personal coffee pots in cells or day rooms. • Several coffee pots were observed plugged in and setting in the sink, creating high risk of electrical shock or electrocution. From a general safety perspective alone, the accessibility of these electrical devices to detainees is discouraged. Security Inspections - Deficient The Officer in Charge (OIC) shall establish a comprehensive security inspection program that covers every area in the facility, including the perimeter fence. • Staff are required to complete inspections; however, there is not a comprehensive inspection program. • The WC] staff did not check the personal identification (lD) of the review team upon entering the facilily. • There was no documentation regarding training programs specific to staff operation of the Control Center. • The Control Center is not a secure operation and staff conduct administrative duties from within the Control Center. • b2High • b2High FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 3 • b2High Recommendations • The WC] should establish and implement a comprehensive inspection program to include these specific areas: o Front Entrance Security Procedures o Control Center Operation o Perimeter and Sallyport gate areas o Search Procedures and Logs 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. • Tools were not stored in secured areas and shadow boards are not utilized to ensure a security program is in place for tool accountability and loss prevention. 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 (HazardouslNon-Hazardous). • The facility should establish written procedures for marking (etching), making them readily identifiable. All tools should be marked in every work location with a symbol signifying its storage location. • The facility should develop shadow boards and maintain accurate inventories of all tools in all locations. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 4 RIC Issues and Concerns Detainee Handbook • It is recommended that the facility update and revise the Detainee Handbook to include these specific areas: o Initial issue of clothing and bedding o Medical exam or sick call procedures o Use of telephone debit cards o Direct and free calls o High Demand phone use o Emergency phone calls o Detainee message system o Visiting hours and schedule 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 all training documentation should be placed in the detainees file. • 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 needs to be established that is designed to comply with the ICE standards. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 5 Recommended 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 identifying necessary corrective actions. RIC Assurance Statement All findings ofthis review have been documented on Form CC-324B and are supported by the written documentation contained in the review file. FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 6 Detention Facility Inspection Form Facilities Used Under 72 hours Creative Corrections Beaumont, Texas ICE Intergovernmental Service Agreement ICE Staging Facility (12 to 72 hours) B. Current Facility Review Type of Facility Review D Field Office IZI HQ Review Date[s] of Facility November 26 & 27, 2007 C. PreviouslMost Recent Facility Review Date[s] of Last Facility Review November 20, 2006 Previous Rating IZI Acceptable D Deficient 0 At-Risk D. Narne and Location 0 f Facility Name Winkler County Sheriffs Department Address (Street and Name) 1300 Bellaire City, State and Zip Code Kermit, Texas 79745 County Winkler Name and Title of Chief Executive Officer (WardeniO IC/Superintendent) Sheriff Robert Roberts, Jr, Telephone # (Include Area Code) 432 b6,b7c Field Office / Sub-Office (List Office with oversight responsibilities) El Paso Field Office Distance from Field Office 266 E Creative Corrections Information ewer In Charge (Last, Title and Duty Station) b6,b7c / RIC / Creative Corrections Name of Team Member / Title / Duty Location b6 SME / Health Services Name of Team Member / Title / Duty Location b6,b7c / SME / Safety Name of Team Member / Title / Duty Location / SME / Security b6,b7c Name of Team Member / Title / Duty Location / SME / Food Service b6 F. CDFIIGSA Information Only Contract Number Date of Contract or IGSA ACD-97-6059 N/A Basic Rates per Man-Day N/A I Other Charges: (If None, Indicate N/A) N/A; Estimated Man-days Per Year -0- G. Accreditation Certificates List all State or National Accreditation[s] received: Texas Commission on Jail Standards Certification D Check box iffacili has no accreditation[s] H. Problems / Com laints Co ies must be attached The Facility is under Court Order or Class Action Finding 0 Class Action Order D Court Order The Facility has Significant Litigation Pending D Life/Safe Issues D Ma' or Liti ation IZI Check if None. I. Janu Date Last Remodeled or Upgraded N/A Date New Construction / Bedspace Added N/A Future Construction Planned DYes IZI No Date: Current Bedspace Future Bedspace (# New Beds only) 101 Number: N/A Date: J. Total Facilit Po ulation Total Facility Intake for previous 12 months 1100 Total ICE Mandays for Previous 12 months -0- K. Classification Level ICE SPCs and CDFs Onl L-l L-2 L-3 Adult Male Adult Female L. Facility Ca~=.1'--_---.--_ _ _ _ _....-_ _ _ _--, erational Adult Male N/A Adult Female 0 0 N/A o Facilit holds Juveniles Offenders 16 and older as Adults M. Average Daily P0r-r-:u:..:la:::t::.::io~n::....---._-:-:::_ _. -_ _ _--, ICE USMS Other Adult Male 0 4 65 Adult Female 0 0 17 N. Facility Staffing rity: Support: b2High b2High Form CC-324B FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Creative Corrections Beaumont, Texas Detention Facility Inspection Form Facilities Used Under 72 hours Significant Incident Summary Worksheet For Creative Corrections to complete its Review of your facility, the following information must be completed prior to the scheduled review dates. The information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used in conjunction with the ICE Detention Standards in assessing your detention operations. This form should be filled out by the facility prior to the start of any inspection. Failure to complete this section will result in a delay in processing this report. Assault: Offenders on Offenders l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 With Without Assault: Detainee on Staff Number of Forced Moves, incl. Forced Cell moves 3 # Times FourlFive Point Restraints applied/used Offender / Detainee Medical Referrals as a result of injuries sustained. Escapes Actual Grievances: # Received # Resolved in favor of OffenderlDetainee Reason (V=Violent, I=Illness, S=Suicide, A=Attempted Deaths Psychiatric / Medical Referrals # Medical Cases referred for Outside Care # Psychiatric Cases referred for Outside Care 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. Form CC-324B FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) Classification System Detainee Handbook Food Service Funds and Personal Property Detainee Grievance Procedures Issuance and Exchange of Clothing, Bedding, and Towels .l'-"Uj<..lUU" 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 Segregation) Special Management Units (Disciplinary Segregation) Tool Control Transportation (Land management) Use of Force Staff / Detainee Communication Detainee Transfer Form CC-324B FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) RIC Review Assurance Statement By signing below, the Reviewer-In-Charge (RlC) 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 of the 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) b6,b7c b6,b7c Title & Duty Location December 3,2007 RlC Creative Corrections ITeam Members Print Name, Title, & Duty Location Print Name, Title, & Duty Location b6 SME Health Services b6,b7c Print Name, Title, & Duty Location b6,b7c SME Safety RIC Rating Recommendation: SME Security Print Name, Title, & Duty Location b6 SME Food Service I:8J Acceptable o Deficient OAt-Risk Comments: The physical plant itself is well designed and the administration maintains a very high level of sanitation. Other than "Tool Control" and the absence of a "Hazardous Chemical" control program, this facility operates at a high level. However, practices and proceedures need to be formalized into written policy and activities need to be documented. Form CC-324B FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
