ICE Detention Standards
Compliance Review
Gregg County Detention Center
November 14-16,2007
REPORT DATE - November 19, 2007

reative

corrections

Contract Number: ODT-6-D-0001
Order Number: HSCEOP-07-F-01016
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Executive Vice President
Creative Corrections
6415 Calder, Suite B
Beaumont, TX 77706

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

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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_____

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_ _ _ _ _ _ _ _ _ _.

______ _

reative

~corrections

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

November 19,2007
MEMORANDUM FOR:

FROM:

John P. Torres, Director
Office of Detention and Removal
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LA

n-Charge 1"""'" \.
Creative Corrections

SUBJECT:

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Detention Center

Initial Review
Creative Corrections conducted an Initial Review of the Gregg County Detention Center
(GCDC) on November 14-16, 2007. The facility does not have a contract directly with
Immigration and Customs Enforcement (ICE) but permits ICE to use a US Marshal's contract to
house a minimal number of detainees involved in immigration proceedings. As noted on the
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attached documents, the team of Subject Matter Experts (SME) included;
SME
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for Security;
SME for Health Services;
SME for Safety; b6
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SME for Food Services; and Frank Woods, Senior Project Manager.

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 over 72 hours.

Review Summary:
The facility 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). The Texas Commission on Jails has
certified the Gregg County Detention Center.

Standards Compliance:
The following information summarizes the standards reviewed and the overall compliance for
this review:

November 14-16, 2007, Review
30
Compliant
Deficient
7
~t-Ris}(
1
Non ~pplicable
0
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Tool Control- At Risk
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.
•

GCDC does not have a comprehensive Tool Control Policy. Tools are not classified as
restricted or not restricted.

•

The facility Tool Control Policy does not address marking of individual tools to identify
the storage/use location for the tool.

•

Shadow boards are not being utilized to store and issue tools, and there is no daily tool
accountability completed in a consistent manner.

•

Tools and storage locations either have no inventories or the inventories are incorrect.

Recommendations
A Tool Control Policy should be developed and implemented in accordance with the ICE
Detention Tool Control Standards and should include:
•

The facility should develop and implement a tool classification system of accountability
for the safety of staff and inmates.

•

The facility should establish written procedures for marking tools, making them readily
identifiable.

•

All tools should be marked in every work location with a symbol signifying its storage
location.

•

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

Access to Legal Materials - Deficient
Facilities holding ICE detainees shall permit detainees' access to a Law Library, and provide
legal materials, facilities, equipment and document copying privileges, and the opportunity to
prepare legal documents.
•

GCDC does not have a Law Library.

•

Access to legal materials is limited to copies available from the District Attorney's
library if requests are not "burdensome".

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Recommendations
•

The facility will need to provide access to Lexis Nexis and/or the requisite materials from
Attachment A of the Standard to be compliant.

•

Access to materials will need to be in an acceptable setting with appropriate time
allowances.

Food Service - Deficient
Every facility will provide detainees in its care with nutritious and appetizing meals, prepared in
accordance with the highest sanitary standards.
•

There is only one professionally trained staff member supervising the Food Service
Department; however, on that staff member's off days, there is no trained staff on duty.

•

b2High

•

There are no detainee job position descriptions in place.

•

There is no documentation indicating detainee workers are trained.

•

The department is not using a 35-day cycle menu.

•

The department is not operating a Common Fare program for religious diets.

•

Food items on the satellite feeding trays are not being maintained at the proper
temperatures.

•

Satellite feeding trays are not being transported in locking carts.

Recommendations
•

Provide relief staff with Certified Safety and Sanitation Training.

•

Follow procedures outlined in the ICE standards for handling and securing knives.

•

Develop and implement position descriptions for detainees.

•

Develop and implement documentation showing detainee training is conducted. This
documentation should be retained in the detainee file.

•

Develop and implement a 35-day cycle menu that is certified by a Registered Dietician.

•

Develop and implement the Common Fare program for religious diets.
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~----

,

•

Monitor the food temperatures prior to and during preparation of the satellite feeding
trays to ensure proper temperatures are being maintained.

•

Follow the ICE standard for securing the satellite feeding trays during delivery.

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 (e.g., National Fire Protection
Association (NFP A); identification of incompatible materials, and safe handling procedures.
•

There is no system for issuing and maintaining inventories of hazardous chemicals.

•

Inventories are not maintained for flammable or caustic chemicals.

•

There is no master Material Safety Data Sheet (MSDS) file that lists all storage areas and
includes a plant diagram.

•

There is no proper personal protective equipment for staff or detainees using hazardous
chemicals.

•

MSDS are not readily accessible to staff or detainees.

•

Detainees are using hazardous chemicals without being properly supervised by staff.

•

Flammable and corrosive chemicals are not being properly stored or secured.

•

Vents throughout the jail need cleaning to ensure proper air circulation.

•

Chemicals were observed in Food Service and Laundry that were not in their original
containers or labeled.

•

Detainees using chemicals have not received any training in their use.

•

The outside exit area (northwest comer from north jail) from stairwell exit 6 does not
meet NFPA standards. The ground leading away from the building was not level and
hazardous, which could create confusion and panic in a fire emergency. There is also
concern if exiting staff and detainees can move far enough away from the building as
required by NFP A.

•

No written guidelines address barbering operations and procedures to sanitize the
clippers.

•

There are no·written procedures that regulate the handling and disposal of used needles
and other sharp objects.
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•

Items such as unused needles that represent a security risk are not being inventoried on a
weekly basis.

•

The facility needs more detailed cleaning practices and procedures. Sanitation concerns
were noted in several living units. In particular, many showers were in a very poor
sanitary condition.

•

A medical spill kit needs to be available to respond to blood spills.

Recommendations
•

There needs to be a specific plan or policy on control of hazardous materials. This plan
should include the types of chemicals to be controlled, supervision, training, labeling and
accountability.

•

Sanitation needs to be improved throughout the living units, in particular, the showers
and vents. The Sanitation Plan needs more detail to provide cleaning instructions and a
cleaning schedule.

•

The stairwell 6 outside exit area needs evaluation by a Texas State Fire Marshal to
develop recommendations to bring the exit discharge area into NFP A Life Safety Code
compliance.

•

Written procedures need to be developed in Medical Services to provide guidance in
handling used needles and other sharps and inventorying unused sharps.

•

A blood spill kit could be developed in-house for response to a blood spill incident.

•

The City Fire Department should tour the GCDC to pre-plan for possible fire
emergencies.

•

It is recommended that the Fire Department review and approve the Jail Fire Plan.

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 detainee who is on a hunger
strike from other detainees.

•

The medical staff does not have any policies or procedures that mandate the recording of
the weight and vital signs of a hunger-striking detainee at least every 24 hours.

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•

A policy does not exist for documenting when a hunger strike starts and that three meals
per day were offered to the detainee.

•

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

•

There is no policy for the 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.

Recommendations
•

Develop a written policy for "Hunger Strikes" which follows accepted standards of care
in the medical and administrative management of hunger striking detainees.

•

The facility will do everything within their means to monitor and protect the health and
welfare of a detainee who is on a hunger strike.

•

The Facility will make every effort to obtain the hunger striker's informed consent for
treatment, especially when the hunger strike is threatening his/her life-term health.

Key and Lock Control- Deficient
It is the policy of the ICE Service to maintain an efficient system for the use, accountability and
maintenance of all keys and locks.

•

There are no key and lock inventories maintained.

•

Keys are not controlled by an accountability system.

•

Keys are not categorized as "restricted".

•

There is no written policy addressing the control of keys and locks.

•

The keys are not counted on a regular basis.

•

Several staff members have key rings that are taken off facility grounds at night or at the
end ofthe shift. These key rings contain the keys to the entrances and exits of the
institution.

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1 - - - - - - - - - -- --------- --- --------- --------------------- ------ -------------- ------ ----------- -- ------- ---- --------------------------

Recommendations
•

Immediately write and implement a Key and Lock Control Policy that will effectively
monitor, establish accountability, require key counts, and establish maintenance program
to ensure the keys and locks remain in good working condition.

•

Secure keys in a controlled environment, and ensure staff account for all their keys and
other issued security items daily.

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.
•

The facility has no formal Post Orders to identify the duties and expectations of staff
assigned to each post.

Recommendations
GCDC should develop a set of Post Orders similar to those outlined in ICE Detention Standard,
Post Orders:
•

Section 1. Specific Post Orders that list activities chronologically with responsibilities
clearly defined.

•

Section 3. General Post Orders - applicable to all posts.

•

Section 4. Memoranda that change or update the Post Orders.

•

Section 5. GCDC Standards, Policies, and Facility Practices relevant to the post.

•

Section 6. Review and Signature Forms with the officer's name both printed and signed.

Use of Force - Deficient
The U.S. Department of Homeland Security authorizes the use of force only as a last alternative
after all other reasonable efforts to resolve a situation have failed. Only that amount of force
necessary to gain control of the detainee, to protect and ensure the safety of detainees, staff and
others, to prevent serious property damage and to ensure institution security and good order may
be used. Physical restraints necessary to gain control of a detainee who appears to be dangerous
may be employed when the detainee:
•

There are no written policies or procedures that provide direction for staff to follow
regarding the appropriate Use of Force.
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•

Review documentation for a Use of Force incident is inadequate. There is no
management oversight or review of the process to ensure staff performs their duties in an
appropriate manner.

Recommendations
•

Written Use of Force Policy and Procedures should be developed and implemented.

•

Staff should receive in-depth training regarding the Use of Force policy. This annual
training should include all medical staff, line staff and management staff.

RIC Issues and Concerns

Detainee Handbook
•

The Detainee Handbook needs to be translated into Spanish.

•

An annual review of the handbook needs to be completed.

•

The Detainee Handbook needs additional clarification to include information on
classification, special management cells, count and meal times, clothing exchange,
medical and religious diets, barber procedures, religious programming, the work
program, recreation, and visiting rules and regulations.

Detainee Grievance Procedures
•

Expand the GCDC Grievance Plan to include guidance and wording to provide assistance
to those who may seek help when preparing a grievance, and for those who are illiterate,
disabled or non-English-speaking detainees.

•

The last entry in the Grievance Log is May 2007. Grievances are not being logged as
required by the Grievance Plan.

•

Revising the policy should also include direction to forward any grievance that pertains
to officer misconduct to a higher official, or to ICE.

Issuance and Exchange of Clothing, Bedding, and Towels
•

Currently socks and underwear are laundered and exchanged every other day. New
arrivals should be issued one pair of socks and one pair of underwear. To meet this
standard the clothing exchange would need to be completed daily.

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Funds and Personal Property
•

No procedures exist for forwarding abandoned detainee property to ICE.

Volunteer Work Program
•

The Volunteer Work Program should be amended to include specific job training for all
work assignments. Training should include the proper use of equipment and supplies,
and all training should be documented in the detainee's file.

Contraband
•

There is no written Contraband Policy or Procedure for staff to follow addressing the
control and handling of contraband.

•

Disciplinary actions are taken as appropriate for possession of government property;
however, the property is returned immediately.

•

The facility does not have to consult a religious authority for direction, as only
appropriate items are permitted as personal property.

Emergency Plans
•

The current plan does not address/include:
o Confidentiality
o Accountability (copies and storage locations)
o Annual review procedures and schedule

•

There is no "General Section" included

•

There are no shut off valve locations identified for utilities

•

There is no Emergency Medical Treatment Plan included.

•

The written procedures do not cover:
o A WorkIFood Strike Plan
o A Bomb Threat Plan
o An Adverse Weather Plan
o An Internal Search Plan
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o

A Detainee Transportation System Plan

o

An Internal Hostage Plan

o A Civil Disturbance Plan
Hold Rooms
•

The facility currently uses several single-person holding cells as suicide watch rooms for
longer than 12 hours.

•

There is no written Evacuation Plan with a designated staff member to remove detainees
from the area.

Transportation
•

No protective vests are available for Transportation Officers.

Population Counts
•

Movement during the count should not be permitted.

•

A face-to-photo count should follow any miscount.

•

Written count procedures need to be developed and implemented.

Special Management Units
•

Medical staff should visit the units on a regular basis, not just when requested.

Recommended Rating and Justification
It is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating of
"Deficient." 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 of this review have been documented on Form CC-324A and are supported by the
written documentation contained in the review file.

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r-------------------------

r---;:.::::::::::~o;:;r~r:.ec~t~io~n~s----------------------------------------------------~D~e:,te::ntion Facility Inspection Form
Beaumont, Texas

A.

acititte-si::fsed-ever-72-hotlJ's---------

Type of Facility Reviewed
Processing Center
ICE Contract Detention Facility
ICE Intergovernmental Service Agreement

~--- ~[J -~--lCEService

o

IZl

IEstimated Man-days Per Year
G. Accreditation Certificates
List all State or National Accreditation[s] received:
Texas Commission on Jail Standards
IZl Check box iffacili has no accreditation[s]

B. Current Inspection
Type ofInspection
Field Office IZl HQ Inspection
Date[s] of Facility Review
November 14-16,2007

o

H. Problems I Com laints Co ies 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
Ma' or Liti ation
0 Life/Safet Issues
IZl Check if None.

o

C. PreviouslMost Recent Facility Review
Date[s] of Last Facility Review
No previous review.
Previous Rating
Superior 0 Good 0 Acceptable Deficient 0 At-Risk

o

o

I. Facility History
Date Built
March 1994
Date Last Remodeled or Upgraded
May 1998
Date New Construction / Bed space Added
May 1998 - 188 beds
Future Construction Planned
DYes IZl No Date:
Current Bed space
Future Bed space (# New Beds only)
Number: Date:
683

D NameandL ocation 0 f FacIlitv
Name

Gregg County Detention Center
Address (Street and Name)

101 E. Whaley
City, State and Zip Code

Longview, Texas 75601
County

Gregg

I

Name and Title of Chief Executive Officer (Warden/OIC/Superintendent)

Captain

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Telephone # (Include Area Code)

903

J. Total Facility Population
Total Facility Intake for previous 12 months
5744
Total ICE Man-days for Previous 12 months
117

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Field Office / Sub-Office (List Office with oversight responsibilities)

Dallas, Texas
Distance from Field Office

110 miles
E. Creative Corrections Review Team
pector (Last Name, Title and Duty Station)
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RIC / Senior Administrator
Member / Title / Duty Location
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/ SME / Security
Name of Team Member / Title / Duty Location
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/ SME I Health Services
m Member / Title / Duty Location
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SME / Food Service
Name of Team Member / Title / Duty Location
SME I Safety
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Name of Team Member / Title / Duty Location
/ SPM I Senior Administrator
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F. CDFII G SA I n ~ormation OnlY
Contract Number
Date of Contract or IGSA
No current ICE contract
Basic Rates per Man-Day

I

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

,

,

K. Classification Level (ICE SPCs and CDFs Only)
L-l
L-2
L-3
I Adult Male
N/A
I Adult Female
N/A

L

F aCITlty Ca lacitv
Rated

Adult
Adult

Operational
916

Emergency

o Facility holds Juveniles Offenders 16 and older as Adults

M. Average Daily Population
ICE
1
I Adults

USMS
22

Other
473

I
N. Facility Staffing Level
b2High

ort:

,
Form CC-324A-SIS

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

Significant Incident Summary Worksheet
___ EocCr~m:ive 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 against the needs of the ICE
and its detained population. 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 and the possible reduction or removal oflCE' detainees at your facility.

Physical
Assault:
Offenders on
Offenders!

Assault:
Detainee on
Staff

Number of Forced Moves,
inc!. Forced Cell moves3

# Times FourlFive Point
Restraints applied/used
Offender / Detainee Medical
Referrals as a result of
sustained.

0

0

0

53

33

42

43

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

9

4

I

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

5

0

2

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Escapes

Grievances:
# Received
# Resolved in favor of
OffenderIDetainee
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-324A SIS

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

5. .
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

Admission and Release
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

22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.

Contraband
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.

Form CC-324A SIS

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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, findings 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)
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November 19,2007

RIC, Creative Corrections
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TeamMembers ....

.

.

..

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Print Name, Title, & Duty Location

I SME I Health Services

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I SPM I Senior Project Manager

Print Name, Title, & Duty Location

Print Name, Title, & Duty Location
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I SME I Safety

SME I Securi!y

Print Name, Title, & Duty Location
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•••

Print Name, Title, & Duty Location

Print Name, Title, & Duty Location

I SME I Food Service

Recommended Rating:

o Snperior
o Good
o Acceptable
IZI Deficient
OAt-Risk

mments:
The facility did not have access to the Detention Standards prior to the review; however, they received the review in a very
positive manner. The only Standard that presents an on-going problem for the facility is "Access to Legal Materials" as the facility
does not have a Law Library. The requisite legal materials in Attachment A of the standard are not present and they do not have Lexis
Nexis available. By implementing sound correctional policies and procedures, the facility can eliminate the security concerns noted in
the report. It was noted that the facility has declined to accept detainees who have extensive medical issues or are terminally ill.

Form CC-324A SIS

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)