ICE Detention Standa,rds
,

,

, Compliance Review '
Tom Green County Justice Center '

.July 15-17, 2008
REPORT DATE- July 25,2008
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'Contra(;fNum:ber: ODT-6-D-OOOl
Order Number:H~CEOP-07-F-OI016

Executive Vice President
, 'Creative.CoITeetions·
6415 Calder,Suite B
Beaumont, TX 77706 "
U.S.I,n:uriigration
"
Enforcemen~. '
'Detention StandardsCQi1;lpJiance Unit
801 I StreetNW
,," . WitShington, DC~0536

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FOR OFfICIA~ USE oNLY (LAW~NFORCEMENTSEN.SITIVE)

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

.July 25,2008
MEMORANDUM FOR:

FROM:

James T Hayes, Jr., Acting Director
Office of Detention and Removal
bo. b7c

Reviewer- n-C 4e
Tom Green County J
Annual Detention Review

SUBJECT:

Creative Corrections conducted an Annual Detention Review (ADR) of the Tom Green County
Justice Center (TGCJC), located in San Angelo, Texas on July 15-17, 2008. As no
on the
'attach~d
the team .0fSubject Matter Expe~ded
SME
for S
SME for Health Services;_SME for Safety; and
ood Services.
A final review closeout was conducted with~aptain, on July 17, 2008. The
closeout included a discussion ofall deficiencies and concerns noted during our 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 over 72 hours.

Review Summary:
The TGCJC is not accredited by 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 provides a direct comparison of the 2007 ADR
and the 2008 ADR.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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August 102 2007

Review

July 15-172 2008

Review

Compliant
Deficient
At-Risk
Not-Applicable

34

Compliant
Deficient
At-Risk
Not-Applicable

29

1
0
3

4

1
4

Environmental Health and Safety-Deficient
ICE maintains a general policy for every facility to control flammable, toxic, and caustic material
through a hazardous material program, to include identification labeling, per NFPA procedures,
and to identify incompatible materials and safe handling procedures.
•

The TGCJC has insufficient controls over hazardous materials, in that, they have no
policy or practice for storing, issuing, or maintaining inventories of hazardous materials.
Such materials go un-inventoried, unsecured, and unsupervised throughout the facility
and staff are not provided the required protective equipment when handling the
materials.

•

The fire plan has not been reviewed by the fire department that serves the facility, and
does not include monthly fire inspections or proper signage for egress in the event of an
emergency. Fire drills are not conducted monthly.

•

There is no sanitation program for barbering operations. The portable barbering unit is
used without proper sanitation protocols in effect.

•

The medical department does not inventory sharps. Drinking water and wastewater are
not routinely tested according to. a fixed schedule.

Recommendations
Facility managers should undertake a meaningful review of their hazardous materials
program and develop appropriate systems of control to ensure the safety of detainees and
staff. Controls should specifically address those areas mentioned above. Fire safety
efforts should be coordinated with the local fire department, proper signage should be
clearly posted in the facility, and monthly (not quarterly) fire drills should be conducted.
SanitatIon protocols for the baibering operation should be developed and the notion of
designated areas in which barbering will occur should be explored. The medical
. department should review its individual operation for sharps disposal. Drinking water and
wastewater tests should be scheduled routinely.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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Hunger Strike-Deficient

General ICE policy requires each facility to follow standard guidelines for the medical and
administrative management of detainee hunger strikers in an effort to sustain their lives.
•

While there were no ICE detainee hunger strike incidents to review, the plan focused on a
group disruptive situation rather than individuals. The plan did not address identification
of a hunger striker and did not address staff training. There was no indication of specific
policy or practice exclusively for medical staffwhen managing a hunger striker.
.

Recommendations

Facility managers should develop a meaningful program for managing hunger striking
detainees, to include the identification / definition of a hunger strike, staff initial and
periodic ~fresher training, and the specific role of medical staff.
Medical Care-Deficient

General ICE pol.icy requires each facility to establish and maintf\.in an accreditation-wo:t:fuy
health program for the general well-being of detainees.
•

Detainee physicals are not conducted within the 14-day requirement and TB tests are not
performed within the required period.

•

Medical files are not maintained in a secure area of the unit and medi~ation is not
properly secured.

•

Detainee intake screening does not include an individual who has the expertise to identify
medical needs. Those distributing medications are not properly trained.

Recommendations

State stan4ards for medical attenti~n are more liberal than)CE standards. Facility staff
should adapt their health care protocols to comply with ICE requirements, for the general
well-being ofdetainees (physical exams and TB tests should be administered in a timely
manner). Files and medication should be properly secured and a health care professional
should be directly involved in the detainee screening process. Those who distribute
medication should be properly trained.
Key and Lock Control-Deficient .

ICE requires an efficient system for the use, accountability,and maintenance of all keys and
locks.

FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)

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The maintenance supervisor has insufficient administrative duties and responsibilities for
the key control program; there is no credible inventory program for keys and locking
devices,no preventive maintenance program, and there is no procedure in place in the
event of lost or compromised keys/locks. The integrity of safe combinations is
questionable.

Recommendations
Facility managers should develop a comprehensive and credible system of key and lock
accountability and maintenance. The security officer designee should be properly trained
as to the features of an effective key and lock control program and implement practices
which speak to ICE standards. Individual keys should be counted daily, key rings should
be identifiable by anumber/letter designation, and the numbers of keys on individual rings
should be noted on each ring. Plans should be developed to maintain keys in good
condition and to have staff act accordingly when keys are lost or keys/locks compromised.
Facility staff should be trained as to proper key / lock procedures. Safe combinations
should be changed in specific situations (staff turnover, for example) to maintain integrity.
Po~t Orders-At Risk

ICE policy requires that each staff member be provided the necessary guidance to carry out
duties on each designated post and that post orders be established for each post and given to the
staff member upon assignment to a post.
•

This finding is of significant concern, as it is a repeat departure from ICE policy for the
second consecutive review; the'rating for this standard was cJeficient a year ago. To
date, post orders have not been developed.

Recommendations
While no ICE detainees are currently housed at this facility, administrators should
determine how interested they are in maintaining a working relationship with ICE and act
accordingly. Post order guidance is clear in ICE policy. Post orders should be developed
as soon as practical if the TGCJC is to remain in good standing as an ICE holding option.

Recommended Rating and Justification
It is the Reviewer-in-Charge (RIC) recommendation that the facilitY receive a rating of
"Acceptable. "

RIC Assurance Statement
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All findings of this review have been documented on Detention Review Worksheet and are
supported by the written documentation contained in the review file ..

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.- 19.reative
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. DETENTION FACILITY INSPECTION FORM
. FAcILr~iEsusED.LONGER ':IRAN 72 HOURS

A•. TYPE OF FACILITY REVIEWED .
D '· . ICE Sel-vice Processing Center
ICE Contract Detention Facility
_
D
.
ICE
Intergovernmental
Service
Agreement
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OtheiCharges: (If None, Indicate NIA)
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;DN/A
.Estimated Man-days per

B. CuRRENT INSPECTION
Type of Inspection
Fieid Office ~ HQ Inspecti~)fl
Date[s] of Facility Review
July15-17, 2008 .

G. ACCREDITATION CERTIFICATES D N/A .
. List all State or National Accreditation[s] received:
Texas Jail Association
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C. PREVIOUs/MOST REcENT' FACILITY REVIEW
. Date[s] of Last Facility Review
.August 10, 2007
P~ous Rating
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Superior "18) Good 0 ACceptable 0 Deficient 0 At-Risk'

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Year
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H. PROBLEMS I COMPLAINTS (COPIES MUST BE ATTACHED)
. The Facility is under Court Order or Class Action Finding
Court Order
D Class Action Finding. .
The Facility has Significant Litigation Pending
D MajorLi~tion
0 Life/Safety Issues
.. I8)-None

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LFACILITY HISTORY
Date Built

.' . OF FACILITY

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2000

Date Last Remod_eled or Upgraded
2001

Date New ConStruction I Bed Sp~ce Added
20011192

Future Construction Planned
..
Yes ~NoDate: .
C?ITent Bedspace. FutirreBed ~pace (~Ne.w lJeds only)
NUlllber:
. Date: -_
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449.

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Officer·

J. TOTAL 'FACILITY POPULATION
TotalFacilitylntake for Previous 12 months
12,785 .

Total ICE ~ Days for Previous 12 months' ..

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With Oversight)
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·-K.CLASSIFICATION LEVEL (ICE SPCs AND·CD"Fs ONLY)
~j~;)~~~~~~\'fZt~
1.-1
··L-2
·1.-3
I AdultMaIe
l Adult.Female .
L.. FACILITY CAPACITY

l.Rt'~~~'·"i;--'-:Ra::-:t-ed-=-·-·...--::O~p.era-.ti:-on-al-:--r--cE=·m-erge--)nc.:....~y-,·---,·

, AdultMale
Adult Female

377'
78

. ·377

377 .

78 '. . 7 8
1 J Fad6ty Holds Juveniles Offenders 16 and Oider-as Adults .

F. CDFIIGSA INFoRMATION ONLY'
Contract Number.
Date of Contract or IGSA
77-01-0073

8-1~1

Basic Rates per Man-Day
FO'ROFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
CO 2007
Creative Correction~_ LLC (Rev.
.
. 1218/07)

SIGN-meANT INCIDENT SUMMARY WORKSHEET.
ttl' order Jor :Cre~tiveCorrections ,to complete its review. of .your·· faciiity, you must G(jmplete· the following worksheet prior to your
. scheduled review dates. this worksheet must contain ,dllta for the past twelvemonths.· We Will use this wor}(gheet in conjunction with .
the ICE DetenfionStandards to assess your detention 9penltions with regard to the needs ofICE and its·detamee poi)UlaHo~. Failure
to complete this worksheet will result in a delay in processing this report, and may J;esult in a reduction or removid Of ICE detainees .
from)our facility.
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Assault:
Offenders on
Offenders i

Assault:
Detainee on
Staff.

Number of Forced MOVes, incl.
Forced Cell Moves3

# Times Four/Five Point
Restraints AppliediUsed
Offender / Detainee Medical
Referrrul;! as a Result ofJnjuries .
SUstained.
.

Grievances:

tf. Psychiatri~ Cases Refeffed

0

o·

0

0

0

0

0

12

0

10

.8

0

0

0

0

0

0

0

0

3

0

6

0

0

0

0

0

0

0

0

6

7

6

0

0

0

0

30

40

20

50

30

40

20

50

10

0

16

8

0

0

0

0

0

0

·0

0

lOi

93

95

98

20

. 15

10

10

0

0

0

0

0

0

0

o·

60

60

60.

60

7

7

8

6

for Outside Care
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.Any attempted physical contact or physica1contact that involves two or more offenders

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. Oral, anal or vaginalpenetration or attempted penclration involving at1east2 ~es, whether it is consenting or non-consenting
Routine transportation of detainees/offenders is not considered "forced;·' . . .
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Any incident.1hat involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes; .work stoppageS, hostage situations,
major :tires, or other large scale incidents.
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FOR OFFICIAL lISE ONLY (LAW ENfORCEMENT SENSITIVE) .

© 2007 Creative Corrections, LLC (Rev. 12/8/07) .

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DHS/ICE DETENTION STAN;P~S REVIEW SUMMARY REpORT
3. At-RISK .

. 1. ACCEPTABLE

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9.
10.
11.
12.

13.

14.
15.

16:

4. REPEAT.

5. Not

FINDING

and Release
Classification'System
Correspondence and Other Mail
Detainee Handbook
Food Service .
}<'unds and Personal Property
Detainee Grievance Procedures
Issuance and Exchange of Clothing, Bedding, arid Towels .
Marriage Requests .
Non-Medical Emergency Escorted Trip
Recreation
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Rellgio~sPractices - :
V
Work

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Deten~on Files' .

29.
30.
31.
32.
33.
34.
35."
'36.
37.
38.

-Disciplmary PolicY'
ElIlerget1cy pians .
E.nvirOnmental Health and Safety
Hold Rooms in Detention Facilities
. KeyailCJ Lock Control
Populati?uCounts'
Post Orders Security Inspections
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Speci~lManagemet1t lJ~tS (AdmirUstnitive Detennon)
. Speeiat"Management Unjts(Discipliiiill:'y Segregation)
Tool Control
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Transportation (Land :management)
Use of Force
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'Stijff1 Detainee Commuriication (Added August 2003)
betainee'Transfer .

. FJNDINGS OF'
•AND' AT-RISl{~QUIRE WRITTEN COMMENT DESCRIBINGTuEFlNPlNG AND
'''''7T~H'''' ISNECESSARYTO REACH COMPLIANCE. -

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_ FOR OFFICIAL USE ONLY (LAW ENFORCEMENf SENSITIVE)
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© 2007 Cr~tive Corrections, LLC(Re~. 12/8/07)

, Page 3 of4

"By SIGNINGBELq'?/, rini REVIEWER:IN-CIiARGE(RIC) CERTIFiESTHAT:
.' L' Au

:

FlNDINGSOFNON~COMP~IANCE

COj,ITRO~,·

-WITH" PotrCYOR 'INADEQUATE '
AND FINDINGS OF NOTEWORTHY
. ACCOMPLISHMENTS, CONTAINED IN TIDS INSPECTION '. REPORT, ARE SUPPORTED BY EVIDENCE, THAT IS SUFFICIENT AND

. 2.

RELI~LE; AND .
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WITHIN THE-SCOPE OFTIDS REVIEW, THEFACIL~TY IS OPERATING IN ACCORDANCE WITH APPLICABLE LAW AND POLICY, ANi:>
PROPERTY AN,D. RESOURCES' ARE BEING' EFFICIENTLY ,UTILIZED
ADEQUATELY, SAFEGUARDED, EXCEPT FOR ANY
" DEFICII~NCIES NOTED IN THE REPORT,

AN»

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RECOMMENDED RATING:'

o
o GOOD

SUPERIOR

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IZI ACCEYfABLE
. 0 DEFICIENT .
DAr-RIsif .

COMl\1.ENTS: .'

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

Page 4 of4

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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.
EXECUTIVE REVIEW: (Please Print Name)

Signature

Date

Detention Standards
Final Rating:

0

Unit

Superior

o Good

IZI Acceptable

o Deficient
OAt-Risk
o No Rating

Comments:

The Review Authority concurs with the "Acceptable" rating. A Plan of Action is required to correct the
deficient areas identified in the Environmental Health and Safety, Hunger Strikes, Key and Lock Control,
Access to Medical Care, Detainee Handbook, Classification Systems, Issuance and Exchange of
Clothing, Bedding, and Towels, Marriage Request, Recreation, Emergency Plans, Security Inspections,
Use of Force and Special Management Units (Administration Detention) standards. A Plan of Action is
also required to correct the at risk area identified in the Post Orders standard.

Form CC-324A

fOR OffiCIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)