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ICE Detention Standards Compliance Audit - Kinney County Detention Center, Brackettville, TX, ICE, 2007

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•

'ice of Detention and Removal Operations
'. Department of Homeland Security
8940Fourwinds Drive
San Antonio, Texas 78239

U.s. Immigration

and Customs
Enforcement
June 08, 2007

MEMORANDUM FOR:

John P. Torres
Director of Detention and Removal
Headquarters Detention ~nd RemovAaoerations

FROM:

Reviewer- in
h
San Antonio Detention and Removal Operations

SUBJECT:

Review Summary Report for Kinney County Detention Center
Annual Detention Review

b6,b7c

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On May 22, through May 24, 2007 a review ofthe Kinney County Detention County Center located
within the San Antonio Region was conduc
was performed under the supervision of
b6,b7c
Reviewer- in Charge (RIC).
lEA, from the Laredo Texas Sub
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Office, which is also in the San Antonio Region, assisted the RIC.
The review measured compliance with the National Detention Standards Operations; Attached to
this memorandum is a copy of the original G-324a Detention Inspection Form and a copy of the
worksheet. All original worksheets and working papers are maintained in the appropriate file system
and are available for review by the Review Authority.
Type of Review:

This is the second annual review conducted by officers assigned to the San Antonio Region as
directed by HQDRO. This review was conducted again to ensure the facility complies with the
National Detention Standards Operations. At the time this inspection was conducted, the Agency had
no detainees at this facility.
Review Summary:

Although this facility had no detainees at the time of our inspection, it was determined through the
review that the Kinney County Detention Center is presently operating at overall "Acceptable" level.
The team members have identified a couple of minor issues. All of these issues have been discussed
with the facility's Administrators, and they have indicated that they would be in full compliance with
all the elements in each standard discussed.

Subject: Detention ReviaSummary Report
Page 2
-

•

Review Findings:
Considering that this facility had no detainee at the time of our inspection, they have kept up with all
the elements in the National Detention Standards. We identified a couple of minor issues on some of
the standards during our inspection. Each of those standards are identified and a short summary have
been provided regarding those standards or procedures that we discussed with their Administrator.
Standards Summary Findings:
There were several standards that were modified, corrected, and implemented during our inspection,
which placed this facility overall in compliance with the National Detention Standards.
Admission and Release
The findings under the standard for the Detainees Fund and Personal Property were determined to be
in compliance with the ICE National Detention Standards. During our inspection and after their
corporate office personnel modified their funds and personal property receipts to have two officers'
signatures did they meet the ICE National Detention Standards. The Administrator was going to put
an SOP for all staffs involved in the process within a week to notify them of the new changes.
Health Service
Their Hunger Strike syllabus policy was not notated in their training curriculum. The Administrator
indicated that this subject is always discussed during their orientation by their medical staff. They
submitted a modified training curriculum with the changes during our inspection to meet the
National Detention Standards.
Classification
At the time this inspection was conducted, the Agency had no detainees at this facility. The San
Antonio Resident office has a Standard Operation Procedure (SOP) pending regarding the
classification of detainees place in the San Antonio Resident Region. All detainees placed within the
San Antonio Resident Region will have the initial classification on their 1-203. This facility's
classification procedures comply with the National Detention Standards, which will be utilized in
case a detainee needs to be reclassified after being place in their jail.
Detainee Telephone Access
At the time of this inspection was conducted the Agency had no detainees at this facility. This
facility was given the latest Pro- Bono list during the inspection to post in their units. Arrangements
. to install the PCS telephone system will be made once ICE approves the placement of detainees in
this facility. Preferably before detainees are place in this facility. They meet the minimum ratio of
one telephone per 25 detainees in their dorm areas. Currently this facility telephone system had a
telephone message that notifies detainees that their telephone calls might be monitored, but the
Administrator went ahead and made signs and had them posted next to the detainee's telephones as
require under the National Detention Standards.
Correspondence and other mail

Subject: Detention Revi~ummary Report
Page 3
•

This facility amended their policy to read that if their staffs encounter original identity documents
(passport, birth certificates etc.) they will immediately removed and forward them to ICE staff for
placement in A-files. It also states that they would automatically provide a copy to the detainee and
place them in their property.
Issuance and Exchange of Clothing, Bedding, and Towels

This facility issues three pair of socks and undergarments to all incoming detainees. This facility
meets the National Detention Standards in regards to having daily exchange of these items. The
facility conducts laundry twice a week giving the detainees the opportunity to exchange their socks
and undergarments and provide them with clean exchanged daily as required under the National
Detention Standards.
Terminal Illness, Advanced Directives, Do Not Resituate Order

This facility has and meets the National Detention Standards under these elements, but the
Administrator modified their policy during our inspection to read that if they receive detainees that
are Terminal Illness they would notify the ICE personnel and have the detainee moved from their
facility. The facility Administrator said that their facility is not equipped to handle these types of
detainees. They made the modification in their policy to read that, otherwise their policies will
difference their practice.
Voluntary Work Program

At the time this inspection was conducted, the Agency had no detainees at this facility. This facility
will not have ICE detainees participating in the Voluntary Work Program. ICE detainees will still be
responsible to maintain their living areas clean.

RIC Observations:
I was impressed with the way this facility was ready for our inspection and with their cooperation
throughout the inspection. At the time this inspection was conducted, the Agency had no detainees at
this facility. The facility was well kept and their staffs were sharp in answering any questions we
had.
RIC Issues and Concerns
I had no issues or concerns with this facility.
Recommended Rating and Justification:
It is the Reviewer in Charge recommendation that the facility receive a rating of "overall."
Acceptable ".
RIC Assurance Statement:
All findings of this review have been documented on Form G-324A and are supported by the written
documentations contained in the review file.

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.
HQDRO EXECUTIVE REVIEW: (Please Print Name)

rI21

b6,b7c

b6,b7c
b6,b7c

v

Title

'JUL 1

Chief

<"I
.j

2007

0

Superior
Good
I:8.J Acceptable
Deficient
OAt-Risk
No Rating

Final Rating:

o
o
o

Comments:

The Review Authority concurs with the Acceptable rating.

Form G-324A (Rev. 8/1/01) No Prior Version May Be Used After 12/31/01

It

Detention Facility Inspection Form
Facilities Used Over 72 hours

Department Of Homeland Security
Immigration and Customs Enforcement

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

o
o

o

D

/"

rgJ Check box if facility has no accreditation[ s]

B. Current Inspection
Type ofInspection
rgJ Field Office 0 HQ Inspection
Date[ s] of Facility Review
May 22- May 23, 2007
C. PreviouslMost Recent Facility Review
Date[ s] of Last Facility Review
Apri.l27-28,2006
Previous Rating
Superior 0 Good rgJ Acceptable 0 Deficient

G. Accreditation Certificates
List all State or National Accreditation[ s] received:

/
.

/

H. Problems / Complaints (Copies must be attached)
The Facility is under Court Order or Class Action Finding
Court Order
Class Action Order
The Facility has Sig~cant Litigation Pending
rgJ Major Litigation.
0 Life/Safety Issues
Check if None.

o

/
0

At-Risk

ny
N amean dL oca f IOn 0 fF aCITt

Name
Kinney CountyDetention Center
Address (Street and Name)
1501 RR 1331
./
City, State and Zip Code
Bracketville, Texas 78832
County
Kinney
Name and Title of Chief Executive Officer (Warden/OIClSuperintendent)
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Warden
Tel
nclnde Area Code)
830 b6,b7c
Field Office I Sub-Office (List Office with oversight responsibilities)
San Antonio, Texas
Distance from Field Office
136 miles

/

E. ICE Information
Name of Inspector (Last Name, Title and Duty Station)
1 Supervisory Immigration Customs Agent/
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San Antonio
Name of Team Member 1 Title 1 Duty Location
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1 Immigration Customs Enforcment 1 San
Antonio, Texas
Name of Team Member 1Title 1Duty Location
1 1
Name of Team Member 1 Title 1Duty Location
1 1

o

o

I. Facilitv Historv
Date Built
December 2004
/'
Date Last Remodeled or Upgraded
N/A
Date New Construction 1 Bedspace Added
N/A
Future Construction Planned
rgJ Yes 0 No Date: 01108
Current Bedspace
I Future Bedspace (# New Beds only)
384
Number: 400 Date: 01108

J. Total Facilitv Population
Total Facility Intake for previous 12 months
1483
Total ICE Mandays for Previous 12 months

o
K. Classification Level (ICE SPCs and CDFs Only)

I Adult Male

I Adult Female

L-I

L-2

L-3

N/A
N/A

N/A
N/A

N/A
N/A

L. Facility Capacity
Rated
Operational
Eme..gency
Adult Male
384
400
384
Adult Female
0
0
0
Facilitv holds Juveniles Offenders 16 and older as Adults

o

.
A verage D al'1 y PopuI atlOn
ICE
r Adult Male
0
I Adult Female
0

M•
1

my
F CDFIIGSA I norma
f
f Ion 01
Contract Number
Date of Contract or IGS/
M80-05-00 10
April 01, 2007
Basic Rates per Man-Day
$51.20
Other Charges: (If None, Indicate N/A)
..
$12.71 per hours;
, ,
Estimated Man-days Per Year
$122,000

I

USMS""
393
42

Other
0
27

N. Facility Staffing Level

port:

I
b2High

Form G-324A (Rev. 8/l3/04) No Prior Version May Be Used After 10/1104

•

•

Significant Incident Summary Worksheet
For ICE 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 ofICE' detainees at your facility.

Assault:
Offenders on
Offenders!

P-7

p-o

0

0

7

0

3

3

s-o

S-O
P-O

S-O
P-O

0

0

o

p-o

0

0

o

With
WithoutW
P-O

Assault:
Detainee on
Staff

# Times Four/Five Point
Restraints applied/used
Type (C=Chair, B=Bed,
BB=Board, O=Other)

Offender / Detainee Medical
Referrals as a result of
uries sustained.
Escapes

/

o
o

o

0

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

S-O

o

o

0

0

0

0

0

0

o

o

M-O
V-O

M-O
V-O

M-O
V-O

M-O
V-O

o

0-0

0-0

0-0

0-0

C-O
B-O
BB-O

C-O
B-O
BB-O

C-O
B-O
BB-O

C-O
B-O
BB-O

0-0
0

0-0
0

0-0

o

0-0
15

0

0

o

o

0

0

o

o

Actual

0

Grievances:
# Received
# Resolved in favor of
Offender/Detainee
Reason (V=Violent, I=IIIness,
S=Suicide, A=Attempted

Deaths

Psychiatric / Medical
Referrals

# Medical Cases referred for
Outside Care

0

0

o

o

NONE

NONE

NONE

NONE

0

0

o

o

7

4

10

5

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 G-324A (Rev. 8/13/04) No Prior Version May Be Used After 10/1/04

e

e
# Psychiatric Cases referred for
Outside Care

2

Form G-324A (Rev. 8/13/04) No Prior Version May Be Used After 10/1/04

•
1.
1.
2.
3.
4.

2.

3.

4.

5.

Access to Legal Materials
Group Presentations on Legal Rights
Visitation
T
Access

Detainee Services
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

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

18.
19.
20.
21.

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

Seeu
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 1 Detainee Communication (Added August 2003)
Detainee Transfer (Added September 2004)

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

Form G-324A (Rev. 8113/04) No Prior Version May Be Used After 1011/04

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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.

Title & Duty Location

/

Superviasory Immgration Customs Agent 1 San Antonio,
Texas

J

June 7, 2007

Team Members
Print Name, Title, & Duty Location

Print Name, Title, & Duty Location

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Immigartion Customs Enforcement
Officer San Antonio, Texas

Print Name, Title, & Duty Location

Recommended Rating:

Print Name, Title, & Duty Location

D Superior
DGood
~ Acceptable
D Deficient
D At-Risk

Comments:
The finding of are supported by the findings of the review team and are documented within the Form G-324A and
accompanying worksheets.

Form G-324A (Rev. 8113/04) No Prior Version May Be Used After 10/1/04

•

MANAGEMENT REVIEW

[Review Authority
The signature below constitutes review of this report and acceptance by the Office of Detention and Removal. The Facility has 30
days from receipt of this report to respond to all findings and recommendations.
HQDRO MANAGEMENT REVIEW: (Print Name)

Signature

Title

Date

Final Rating:

D Superior
DGood
D Acceptable
D Deficient
D At-Risk

Comments:

Form G-324A (Rev. 8113/04) No Prior Version May Be Used After 10/1/04

 

 

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