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ICE Detention Standards Compliance Audit - Ector County Detention Center, Odessa, TX, ICE, 2008

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ICE Detention Standards
Compliance Review
Ector County Detention Center

February 19-20, 2008
REPORT DATE - February 28,2008

reative

corrections

Contract Number: ODT-6-D-000I
Order Number: HSCEOP-07-F-OI016
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Executive Vice President
Creative Corrections
6415 Calder, Suite B
Beaumont, TX 77706

COTR
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U.S. Immigration and Customs Enforcement
Detention Standards Compliance Unit
801 I Street NW
Washington, DC 20536

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

----------------------------

---------

--------------------

It"''''"'Y':~-

IC
... reative
~corrections

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

February 29,2008
Gary E. Mead, Acting Director
Office of Detention and Removal

MEMORANDUM FOR:

FROM:

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Reviewer-In-Charge'l- Creative Corrections
Ector County Detention Center Annual Detention Review

SUBJECT:

Creative Corrections conducted an Annual Detention Review (ADR) of the Ector County
Detention Center, located in Odessa, Texas, on February 19-20,2008. The facility is operated by
the County of Ector, Texas, which has an Intergovernmental Services Agreement with the United
States Marshals Service. As noted on the attached documents, my team of Subj
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Experts included:
Security;
Health Services;
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Safety; and
Food Services. A closeout meeting was conducted with Sheriff Mark
Donaldson and Captain b6,b7c on February 20, 2008, that included a discussion of all
deficiencies, concerns, and recommendations noted during 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 Summary:
The facility is currently accredited by the Texas Commission on Jail Standards.
Standards Compliance:
The following statistical information provides a direct comparison of the 2006 ADR and this
ADR conducted for 2008.
December 19 2 2006 Review
Compliant
Deficient
At-Risk
Not-Applicable

26
1
0
1

Februan: 19-20 2 2008 Review
Compliant
Deficient
At-Risk
Not-Applicable

26
1
0
1

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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Environmental Heiillli and Saletv - Deficient
The Ector County Detention Center does not control flammable, toxic, and caustic materials
through a hazardous materials program. The following issues were of concern in this program:
•
•
•
•

There are no inventories of any chemicals ~xcept for food service.
There are no Material Safety Data Sheets (MSDS) for any chemicals except in food
servlce.
MSDSs were not readily accessible to staff and detainees in their work areas.
The fire plan does not address' the following required topics:
o Monthly fire inspections
o Strategic location of fire protection equipment throughout the facility
o Public posting of emergency plans with accessible building/room floor plans
o Area-specific exit diagram conspicuously posted in diagramed areas

•

There is no written procedure to regulate the handling and disposal of used needles and
other sharp objects.

RECOMMENDATIONS:
•
•
•
•
•
•
•
•

Develop and maintain constant chemical inventories.
Obtain up-to-date Material Safety Data Sheets on all chemicals.
Insure MSDS's are readily accessible to staff and detainees in their work areas.
Have the Fire Plan address monthly fire inspections.
The Fire Plan should also include the strategic location of fire protection equipment
throughout the facility.
There should be public posting of emergency plans with accessible building/room floor
plans.
Provide area-specific exit diagrams conspicuously posted in diagramed areas.
Develop written procedure to regulate the handling and disposal of used needles and
other sharp objects.

RIC Issues and Concerns
Detainee Handbook
The Detainee Handbook for Ector County Detention Center consists of a three-page document
referred to as Jail Rules that consists of minor and major infractions, brief jail regulations, the
visiting policy, inmate discipline and grievances. The final half page of this document serves to
document date of issue and signature receipt with a copy going to the central file of each
inmate/detainee. The Jail Rules do not address the initial issue of clothing, bedding, or personal
hygiene items; when medical examinations will be conducted; the telephone policy; search
procedures; and the contraband policy. All of these subjects are required by ICE to be in
detainee handbooks. ICE has a National Detainee Handbook dated November 2007, that if used
by this facility, would fully accomplish the intent of this requirement. A copy of this ICE
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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wa provi ed10 U.
system of policy and controls.
UV,,,,lUU"'J.U

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and lie indicaredtllis would be Incorporated into1lielr

Furthermore, since the Jail Rules document is the sole method of orientation for the general
population of this facility, it is recommended that a similar rewrite of this document be done to
expand and include marly if not all of the ICE required subject matter. This would serve to better
inform the general population and may impact positively on a reduction of what are now
considered grievances.

Recommended Rating and Justification
It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of
"Acceptable." Itis also recommended by the RIC that a Plan of Action be required for this
facility to implement necessary corrective actions.

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 OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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DETENTION FACILITY INSPECTION FORM
FACILITIES USED LESS THAN 72 HOURS
Other Charges: (If None, Indicate N/A)

A. TYPE OF FACILITY REVIEWED
ICE Service Processing Center
ICE Contract Detention Facility
ICE Intergovernmental Service Agreement
~

;~N/A

D
D

Estimated Man-days per Year
52
G. ACCREDITATION CERTIFICATES D N/A
List all State or National Accreditation[s] received:
Texas Commission on Jail Standards

B. CURRENT INSPECTION
Type of Inspection
D Field Office ~ HQ Inspection
Date[s] of Facility Review
February 19-20,2008

H. PROBLEMS / COMPLAINTS (COPIES MUST BE ATTACHED)
The Facility is under Court Order or Class Action Finding
D Court Order
D Class Action Finding
The Facility has Significant Litigation Pending
D Major Litigation
D Life/Safety Issues
~ None

C. PREVIous/MoST RECENT FACILITY REVIEW
Date[s] of Last Facility Review
December 19, 2006
Previous Rating
D Superior D Good ~ Acceptable D Deficient D At-Risk,

D. NAME AND LOCATION OF FACILITY
Name
Ector County Detention Center
Address
2500 S Highway 385 (PO Box2066)
City, State and Zip Code
Odessa, Texas 79761
County
Ector
Name and Title of Chief Executive Officer
(Warden/OIC/Superintendent)
Mark Donaldson Sheriff
Telephone Number (Include Area Code)
432- b6,b7c
Field Office 1 Sub-Office (List Office with Oversight)
El Paso, Texas
Distance from Field Office
290 Miles
E CREATIVE CORRECTIONS INFORMATION
Name ofInspector (Last Name, Title and Duty Station)
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/ RIC / Creative Corrections
Name of Team Member 1 Title / Duty Location
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SME 1 Medical
Name of Team Member / Title / Duty Location
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i SME / Safety
Name of Team Member / Title / Duty Location
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SME / Security
Name of Team Member / Title / Duty Location
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SME / Food
F. CDFIIGSA INFORMATION ONLY
Contract Number
Date of Contract or IGSA
80-97 -0007
May 25, 2001
Basic Rates per Man-Day
$40.87

I

I. FACILITY HISTORY
Date Built
1994
Date Last Remodeled or Upgraded
1996
Date New Construction / Bed Space Added
1996
Future Construction Planned
D Yes ~ No Date:
Current Bed space
Future Bed Space (# New Beds only)
Number:
Date:
667

I

J. TOTAL FACILITY POPULATION
Total Facility Intake for Previous 12 months
10,272
Total ICE Man Days for Previous 12 months
52
K. CLASSIFICATION LEVEL (ICE SPCs AND CDFs ONLY)
L-l
L-2
L-3
I Adult Male
I Adult Female
L

FACILITY CAPACITY
Emergency
Rated
Operational
Adult Male
528
528
528
Adult Female
139
139
139
Facilitv Holds Juveniles Offenders 16 and Older as Adults

o

. M. AVERAGE DAILY POPULATION
ICE
I Adult Male
4.3
I Adult Female
0
N. FACILITY STAFFING LEVEL

I

b2High

USMS
5
25

ort:

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/3/07)

Other
443
64

SIGNIFICANT INCIDENT SUMMARY WORKSHEET
In order for Creative Corrections to complete its review of your facility, you must complete the following worksheet prior to your
scheduled 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 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
from your facility.

Assault:
Offenders on
Offenders l

WithW
WithoutW

Assault:
Detainee on
Staff

Number of Forced Moves, inc!.
Forced Cell Moves 3

P

P

P

p

0

0

0

o

9

29

39

23

0

0

0

S

0

0

0

o

0

0

0

0

0

0

0

# Times FourlFive Point
Restraints AppJied/Used
Offender / Detainee Medical
Referrals as a Result ofInjuries
Sustained.

..

Escapes
Actual
Grievances:

# Received
# Resolved in Favor of
OffenderlDetainee
Reason (V=Violent, I=IIIness,
S=Suicide, A=Attempted

Deaths

Psychiatric / Medical Referrals

Number
# Medical Cases Referred for
Outside Care
# Psychiatric Cases Referred
for Outside Care

I

o
2

20

29

26

21

0/0

0/0

1/0

0/0

0

0

0

o

0

0

0

o

0

5

5

4

0

0

0

o

0

0

0

o

226

639

535

386

*

*

*

*

0

0

0

o

0

0

0

o

39

94

112

83

40

63

69

91

* Unable to obtain this information because the facility does not keep a grievance log.

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)

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D
1. ACCEPTABLE

TANDARDsRE
2. DEFICIENT

3. AT-RISK

4. REPEAT

5. NOT

FINDING

ApPLICABLE

4.
Classification System
5.
Detainee Handbook
6.
Food Service
7.
Funds and Personal Property
8.
Detainee Grievance Procedures
9.
Issuance and Exchange of Clothing, Bedding, andTowels
10.
Practices
HEALTH SERVICES
11.
Medical Care
12.
Suicide Prevention and Intervention
SECURITY AND CONTROL
13.
Contraband
14.
Detention Files
15.
Disciplinary Policy
16.
Emergency Plans
17.
Environmental Health and Safety
18.
Hold Rooms in Detention Facilities
19.
Key and Lock Control
20.
Population Counts
21.
Security Inspections
22.
Special Management Units (Administrative Detention)
23.
Special Management Units (Disciplinary Segregation)
24.
Tool Control
25.
Transportation (Land management)
26.
Use of Force
27.
Staff / Detainee Communication (Added August 2003)
28.
Detainee Transfer
FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRITTEN COMMENT DESCRIBING THE FINDING AND
WHAT 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 of noteworthy accomplishments, contained in this
Inspection Report, are supported by evidence that is sufficient and reliable; and
Within the scope ofthis 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.

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Title & Duty Location

Februa

RIC, Creative Corrections

19-20,2008

Print Name, Title, & Duty Location
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SMEI Medical

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! SMEI Securi

RECOMMENDED RATING:

SMEI Safe

Print Name, Title, & Duty Location

Print Name, Title, & Duty Location

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/SME/Food

o SUPERIOR

o
~
o

GOOD
ACCEPTABLE
DEFICIENT
OAT-RISK
COMMENTS: The number of grievances reported is skewed. This facility logs and treats any detainee request to staff member as a
grievance. Our review of the actual files found that the number of real grievances would be, in most cases, fewer than 10 per month.
The vast majority are simply requests to staff members for information.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)

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