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ICE Detention Standards Compliance Audit - Lubbock County Detention Center, Lubbock, TX, ICE, 2009

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FOR:

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09

Deficient due
otherwise a rating

Tbemting

based on
documentation.

1)

3} TheRA

Surnmm:y MemoJlUJ£tum and
remeGY thedefieioot mwloalLQS.

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Page.~.

County

Detlentj~)n

of2

The Field Office is responsible for assIsting the Intergovernmental Service Agreement (IGSA)
. faCmty~t0~~l!€i to.thl:tlmmigraoonand Customs Enfon;ementfindings .wnertassistance.is
requested. Notification to the facility shall ineludeiruormation that this assistance available.
or your staff have
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(202) 732~

j

questions regarding this ma1tter~
contact
Deportation Officer, .....""LIVUI'IV.. Management

~lten1:lon

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cc: Official FUe
HQDRO:

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2-5514:09/30/2009
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e.

1333 New Hampshire Ave. NW, Suite 300
Washington, DC 20036
202/419-3930 (1)
202/,U9-3931 (F)

MGT
OF

AMERICA

1

INC.

www.~I(;TDIAlllel.ica.com

Ju1y 30, 2009

MEMORANDUM FOR:

David Venturella
Acting Director
Office of Detention and Removal Oper
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FROM:

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Lead Compliance Inspector
SUBJECf:

•

Lubbock County Detention Center
Annual Detention Review

MGT of America performed an annual inspection for compliance with the ICE National Detention
Standards (NDS) at the Lubbock County Detention Center located in Lubbock, Texas, during the period
of July 27-28, 2009. This is an Under 72 hour IGSA facility.
The annual inspection was performed under the guidance of
Inspector. Team members were:

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, Lead Compliance

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Type of Review

This review is a scheduled annual inspection, which is performed to determine overall compliance with
the ICE NDS. The facility received a previous rating of "Deficient" during the May 19-20,2008
inspection.

Review Summary

•

The Lubbock County Detention Center is not accredited by the American Correctional Association
(ACA), National Commission on Correctional Health Care (NCCHC) nor the Joint Commission on
Accreditation of Health Organizations (JCARO). The facility is accredited by the Texas Commission on
Jail Standards .

'~=~~~--"-'---'-""-----'-""----

.._------- -... . ..

--- -. .._---.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

Page

11

MGT

....

OF

A/~EIUCA.

11'1(';.

-_

Standards Compliance
The following information is a summary of the standards that were reviewed and overall compliance that
was determined as a result of the 2008 and 2009 National Detention Standards compliance annual
inspection.
2Q09
Inspection
Compliant
26
Deticient
o
Repeat Deticiency
o
Not Applicable
2

2008
Inspection
Compliant
23
4
Deticient
o
Repeat Deficiency
1
Not Applicable

Recommended Rating and Justification:
The Lead Compliance Inspector recommends that the facility receive a rating of "Acceptable."

LCI Assurance Statement

•

The findings of compliance and noncompliance are accurately and completely documented on the
G-324B Inspection form and are supported by documentation in the inspection file. An out brief was
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conducted at the facility and the following were present:
, Chief Deputy~
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Major; Captain
, and Lt.
of the Lubbock County Detention Center; Nuria T.
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Prendes, ICE Field Office Director;
, ICE SDno and
; COTR.

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Signature:

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Lead Compliance Inspector

July 30~ 2009

Printed Name and Title of LeI Date:

•
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

Page 12

Department Of Homeland Security
Immigration and Customs Enforcement
OF FACILITY REVIEWED
ICE Service Processing Center
ICE Contract Detention Facility
---leE
Service-Agreement

Detention Facility Inspection Form
Facilities Used Under 72 hours
Other Charges; (If None, Indicate N/A)
; I8l N/A
Estimated Man-days per Year

,1058
G. ACCREDITATION CERTIFICATES 0 N/A
list all State or National Accreditation[s] received:
Texas Commission on Jail Standards

B. CURRENT INsPECTION
Type of Inspection
D Field Office I8l HQ Inspection
Date[s] of Facility Review
July 27·28 2009

H. PROBLEMS I COMPLAINTS (COPIES MUST BE ATTACHED)
The Facility is under Court Order or Class Action Finding
Court Order
D Class Action Findin~
The Facility has Significant Litigation Pending
Major LitilIation
[] Life/Safety Issues
18l None

o

C. PREVIOUS/MOST RECENT FACIUTY REVIEW
Date[s] of Last Facility Review
May 19-20. 2008
Previous Rating
D Superior 0 Good D Acceptable I8l Deficient 0 At-Risk

o

I. FACIUTY HISTORY
Date Built
1931
Date Last Remodeled or Upgraded
2001
Date New Construction / Bed Space Added
1987
Future Construction Planned
18l Yes D No Date: September. 2009
Current Bed space
Future Bed Space (# New Beds only)
Number: 1512 Date: April, 2010
795

D. NAME AND LoCATION OF FACILITY
Name
Detention Center
Lubbock

I

J. TOTAL FACILITY POPULATlON
Total Facility Intake for Previous 12 months
16.329
Total ICE Man Days for Previous 12 months
949

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(List Office with Oversight)
Distance from Field Office
330 miles

K. CLASSIFICATION LEVEL (ICE SPCs AND CDFs ONLY)
L-1
1..-2
I L-3
I Adult Male
N/A
N/A
NJA
I Adult Female
N/A
N/A
J N/A

~l~~~~m~mjimi[[~~t~l::imm[i~~!lll

E. ICE Information
Name of Inspector (Last Name, Title and Duty Station)
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/ LCI / Administration I MGT of
Amelica
Name of Team Member / Title / Duty Location
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I CI / Safety / MGT of America
Name of Team Member / Title / Duty Location
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/ CI I Food Service / MGT of America
Name of Team Member / Title / Duty Location
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/ CI / Security & Control I MGT of
America
Name of Team Member / Title I Duty Location
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DO / CI / Medical Service / MGT of
America

! Adult Male

3
>1

• Adult Female

I
•

8
2

574
130

N. FACILITY STAFFJNG LEVEL
port:
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Contract or IOSA
1990

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
-------- ----- -,

-

------FormG·324B-SIS (Rev;-7!9107)

SIGNIFICANT INCIDENT SUMMARY WORKSHEET
•
order for Creative Corrections to complete its review of your facility, you must complete the following worksheet prior to your
__ ~he= revie\V dsates. Thisworksheet mU~dt c.?n~data f~r thep,ahst_tw~l,,~months'_Y".eW1f-'lclE~s_e this worksheet ~n conjuncti()D ."Yit~ .
the kE Detention tandards to assess your etention operatlOns Wit regard to the needs 0 I
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.

Physical

Physical

Physical

Physical

With

0

0

0

0

Without

8

17

19

27

Physical

Physical

Physical

Physical

0

0

0

0

3

3

2

2

2

3

1

2

0

0

0

0

0

1

0

1

0

1

0

0

1-Violent

N/A

N/A

N/A

Chair

N/A

N/A

N/A

Offender I Detainee Medical
Referrals as a Result of Injuries
Sustained.

3

5

Not Avail

Not Avail

Escapes

1

0

0

0

0

0

0

0

Not Avail

75

20

Not Avail

Not Avail

Not Avail

Not Avail

Not Avail

0

S

Illness

0

0

1

1

0

91

148

Not Avail

Not Avail

3

3

Not Avail

Not Avail

Assault:
Offenders Of)
Offenders!

Assault:
Detainee on
Staff
Number of Forced Moves, inc!.
Forced Cell Moves3

Grievances:

Deaths

Psychiatric / Medical Referrals

•

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

Any attempted physical contact or pbysical contact that involves two or more offenders
Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whetber it is consenting or non-oonsenling
Routine transportation of detainees/offunders is not considered "forced"
Any iIlcident that involves four or more detainees/offenders, iIlcludes gang fights, organized multiple hunger strikes, work stoppages, hostage situations,
major fires, or other large scale incidcllts.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
. - Form G-324B SIS (Rev. 7/9/01)----

DUS/ICE DETENTION STANDARDS REVIEW SUMMARY REpORT
2. DEJi1CIENT

3.AT·RIsK

4. REPEAT

S.NOT

FINDING

APPUCABLE

Visitation
2.
Access
DETAINEE SERVICES
3.
Admission and Release
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, and Towels
10.
Practices
IlEALTH SERVICES
Medical Care

15.
16.
17.
18.
19.

22.
23.
24.
25.
26.
27.
28.

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 I Detainee Communication (Added August 2003)
Detainee Transfer

FINDINGS OF DEFICIENT AND AT-RISK REQUIRE WRfITEN COMMENT DESCRIBING THE FINDING AND
WHAT IS NECESSARY TO REACH COMPLIANCE•

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
..

--- -- .. _-_.. -.. ..

Form G-324B SIS (Rev. 7/9/07)-

RIC REVIEW ASSURANCE STATEMENT

flY
---

-

SIGNING BELOW, THE REVIEWER-IN-CHARGE (RIC) CERTIFIES THAT:
L--ALLFfNDiNGS OFNbN~CCiMpLIANCE - WITH POLICY OR INADEQUATE CONTROLS, AND FINDINGS - OF NOTEWORl1fY
ACCOMPLISHMENTS, CONTAINED IN THIS INSPECTION REPORT, ARE SUPPORTED BY EVIDENCE THAT IS SUFFICIENT AND
RELIABLE; AND
2. WITHIN THE SCOPE OF THIS REVIEW, THE FACILITY IS OPERATING IN ACCORDANCE WITH APPLICABLE LAW AND POUCY, AND
PROPERTY AND RESOURCES ARE BEING EFFICIENTLY UTILIZED AND ADEQUATELY SAFEGUARDED, EXCEPT FOR ANY
DEFICIENCIES NOTED IN THE REPORT.

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MGT of America

America

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Print Name, Title, & Duty Location
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~COMMENDED RATING:

MGT of America

rgJ ACCEPTABLE

D DEFICIENT
DATRIsK

COMMENTS:
There were 4 taser incidents, but none of the incidents involved ICE detainees.
There was 1 attempted escape from the facility by a Non-ICE detainee. On February 27, 2009, inmate
walk out of the Security 2 (Booking Area) after being processed and was apprehended by staff.

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tried to

On May 23, 2009, Non-ICE detainee Tyrone Robinson committed suicide by hanging himself with a braided fabric. Staff responded
appropriately and the detainee was transported to the emergency room where he was pronounced dead.
On August 4,2009, Non-ICE detainee Leonardo Garcia Jimenez collapsed and was taken to the local hospital where he died of
cardiac arrest.
The grievances were classified as follows: Medical 67%, Shift Complaints 27%, Finance 4%. and Food Service 2%.
The grievance process reports should be adjusted to reflect the number of grievances found in favor of the detainee. There were 2
quarters of information not available due to a change in staff that failed to compile the infonnation.

•

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
Fonn G-324B SIS (Rev. 7/9/07)" -

 

 

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