ICE Detention Standards
Compliance Review
Lea County Detention Center
February
11-12,2008
Report
Date
-
February
18~
2008
reative
corrections
Contract Number:
ODT
-6-
D-OOO
1
Order Number: HSCEOP-07-F-0 10 16
Executive Vice President
Creative Corrections
6415 Calder,
Suite B
Beaumont,
TX
77706
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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February 18, 2007
MEMORANDUM FOR:
FROM:
SUBJECT:
6415
Calder, Suite B •
Beaumont,
Texas
77706
409.866.9920 • www.correctionalexperts.com
Making a Difference!
John P. Torres, Director
Office
of
Detention and Removal
~
Reviewer-In-Charge
,t
-
\.
Creative Corrections
Lea County Detention Center Annual Detention Review
Creative Corrections conducted an Annual Detention Review (ADR)
of
the Lea County
Detention Center (LCDC), located in Lovington,
New
Mexico
on
February 11-12,2008. Lea
County Detention Center has a contract with the United States Marshals Service and operates the
facility with county employees. As noted on the attached documents, the team
of
Subject Matter
included: for Security; for Health Services;
for Safety; and for Food Services.
A closeout meeting that included a discussion
of
all deficiencies, concerns and recommendations
noted during the review was conducted with Chief
of
Security and Captain
of
LCDC
on
February 12,2008. Immigration Enforcement Agent
of
the Pecos
Sub-Office who toured with us on Monday, February 11, was not available for the meeting.
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 not currently accredited by any nationally recognized organization.
Standards Compliance:
The following statistical information provides a direct comparison
of
the 2004 ADR and this
ADR
conducted for 2008. The current review was performed
at
the Detention Center opened in
2005.
December 4, 2004
Compliant
Deficient
At-Risk
Not-Applicable
Review
25
1
o
2
February
11-12,2008 Review
Compliant
27
Deficient 0
At-Risk 0
Not-Applicable 1
FOR OFFICIAL USE ONLY
(LAW
ENFORCEMENT SENSITIVE) ,
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,RIC
Issues and Concerns
Access to Telephones
• The telephone number for the DIG is not programmed into the Detainee Phone System.
The facility staff will try to provide that service with the assistance
ofICE
staff.
Detainee Handbook
• Procedures for emergency phone calls, procedures for "high demand" periods
of
telephone usage, and any "Detainee Message System" were not addressed in the rules and
regulations.
Environmental Health
and
Safety
• LCDC should petition the local and/or the state Fire Marshal to approve the Safety and
Emergency
Plans.
•
While LCDC has a system for controlling hazardous materials, management should
develop a more comprehensive program for all flammable, caustic and toxic chemicals to
include:
o Up-to-date manufacturers' Material Safety Data Sheets in each area with constant
inventories.
o More
"compatible" storage areas with spill containment.
o Training for staff with specific chemicals used at the facility.
o Fabrication and use
of
security cages for the corrosives used in the Food Service
and Laundry areas.
Access to Medical Care
• Procedures for emergency phone calls, procedures for "high demand" periods
of
telephone usage, and any "Detainee Message System" were not addressed
in
the rules and
regulations.
• The standard on medical care indicates that medical screening includes a tuberculosis
(TB) test. Generally, TB tests are administered
on
all detainees upon admission to the
facility. LCDC staff did report that occasionally a newly arrested detainee is removed
from the facility before a TB test can be administered. While this information is
accurately reflected
on
the release paperwork, it is recommended that all detainees be
administered a TB test during the screening process.
If
the detainee is transferred in a
short period
of
time, the information regarding the newly administered TB test could then
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE) 2/3
be included in the medical transfer information for follow-up at the next facility. This
would facilitate identifying positive test results in a timely manner for all holding
facilities involved.
Emergency Plans
• Lea County Detention Center should have stand alone emergency plans which address
Food Strikes and Adverse Weather conditions, as required by ICE standards.
Tool Control
• Even though Lea County Detention Center does not secure "tools" inside the secure
perimeter and does not have any tool classified, it is highly recommended that the facility
develop and implement a tool classification and control system. This system should
include:
o
Procedures for marking tools, making them readily identifiable.
o
Procedures for inventorying and destruction
of
tools.
Recommended Rating and Justification
It
is the Reviewer-in-Charge (RIC) recommendation that the facility receive a rating
of
"Acceptable." While a Plan
of
Action is not required, the Field Office should address the RIC
Issues and Concerns
noted above with the facility.
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) 3/3
,to'''~""~
l
C,reative
...
,
corrections
DETENTION FACILITY INSPECTION FORM
FACILITIES
USED
LESS
THAN
72
HOURS
A.
TYPE
OF
FACILITY
REVIEWED
o
o
IZI
ICE
Service
Processing
Center
ICE
Contract
Detention
Facility
ICE
Intergovernmental
Service
Agreement
B.
CURRENT
INSPECTION
Type
of
Inspection
o Field Office
IZI
HQ
Inspection
Date[s]
of
Facility Review
February
11-12,2008
C.
PREVIOUS/MOST
RECENT
FACILITY
REVIEW
Date[s]
of
Last Facility Review
December
9,2004
Previous Rating
o Superior 0 Good
IZI
Acceptable 0 Deficient 0 At-Risk
D
NAME
AND
LOCATION
OF
FACILITY
Name
Lea
County Detention Center
Address
1401
S.
Commercial
City, State and Zip Code
Lovington,
NM
88260
County
Lea
Name and Title
of
Chief
Executive Officer
(Warden/OIC/Superintendent)
Warden
Telephone Number (Include Area Code)
575-
Field Office / Sub-Office (List Office with Oversight)
Pecos Sub-Office
Distance from Field Office
350
E.
ICE
INFORMATION
Name
ofInspector
(Last Name, Title and Duty Station)
/ RIC / Creative Corrections
Name
of
Team Member / Title / Duty Location
/ SME-Security / Creative Corrections
Member / Title / Duty Location
/ SME-Health Services / Creative Corrections
Name
of
Team Member / Title / Duty Location
5MB-Safety / Creative Corrections
Name
of
Team Member / Title / Duty Location
/ 5MB-Food Services / Creative Corrections
F.
CDFIIGSA
INFORMATION
ONLY
Contract Number I Date
of
Contract or IGSA
51-99-0206 November 1,2002
Basic Rates
per
Man-Day
$65.50
Other Charges:
(If
None, Indicate N/A)
Guard Service;
$14,481hr; 0 N/A
Estimated Man-days per Year
G.
ACCREDITATION
CERTIFICATES
IZI
N/A
List all State
or
National Accreditation[
s]
received:
H.
PROBLEMS
1
COMPLAINTS
(COPIES
MUST
BE
ATTACHED)
The Facility is under Court Order or Class Action Finding
o Court Order 0 Class Action Finding
The Facility has Significant Litigation Pending
o Major Litigation 0 Life/Safety Issues
IZI
None
I.
FACILITY
HISTORY
Date Built
September
2005
Date Last Remodeled or Upgraded
N/A
Date
New
Construction / Bed Space Added
N/A
Future Construction Planned
DYes
IZI
No
Date:
Current
Bed
space
I Future
Bed
Space (# New Beds only)
400
Number: Date:
J.
TOTAL
FACILITY
POPULATION
Total Facility Intake for Previous 12 months
3613
Total ICE
Man
Days for Previous
12
months
536
K.
CLASSIFICATION
LEVEL
(ICE
SPCs
AND
CDFs
ONLY)
L-l
L-2
L-3
I
AdultMale
I Adult Female
L.
FACILITY
CAPACITY
Rated
Operational
Emer2ency
Adult Male
352
Adult Female
48
o Facility Holds Juveniles Offenders 16 and Older as Adults
M
AVERAGE
DAILY
POPULATION
.
ICE
USMS
Other
I
AdultMale
98
136
I Adult Female
36
N.
FACILITY
STAFFING
LEVEL
I
ort:
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/3/07)
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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
ofICE
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
Assault:
Detainee on
Staff
Number
of
Forced Moves, inc!.
Forced Cell Moves
3
Disturbances
4
of
Times Chemical
# Times FourlFive Point
Restraints AppJied/Used
Offender / Detainee Medical
Referrals as a Result ofInjuries
Sustained.
Escapes
Grievances:
Deaths
Psychiatric / Medical Referrals
With
Without
, - J
: I
Actual
# Received
# Resolved in Favor
of
OffenderlDetainee
Reason (V=Violent, I=Illness,
S=Suicide, A=Attempted
# Psychiatric Cases Referred
for
Outside Care
Physical
0
29
Physical
2
4
3
0
0
0
Other
C-2
0
0
0
0
0
0
0
9
4
Any
attempted
physical
contact
or
physical
contact
that
involves
two
or
more
offenders
Physical Physical
0
0
15
0
Physical Physical
0
0
2 0
2
0
0
0
0
0
0
3
2
0 0
0 0
9
0
3
0
0
0
0 0
9
8
2
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"
Physical
0
0
Physical
0
0
0
0
0
0
5
0
0
0
0
0
0
14
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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DHS/ICE
DETENTION STANDARDS
REVIEW
SUMMARY
REpORT
1. ACCEPTABLE
2.
DEFICIENT 3.
AT-RISK
Classification System
5.
Detainee Handbook
6. Food Service
7. Funds and Personal Property
Detainee Grievance Procedures
Issuance and Exchange
of
Clothing, Bedding, and Towels
Practices
Suicide Prevention and Intervention
I""'TTlnT'T"T
AND
CONTROL
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
4.
REPEAT
FINDING
5.
NOT
APPLICABLE
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
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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
FINDINGS
OF
NOTEWORTHY
ACCOMPLISHMENTS,
CONTAINED
IN
THIS
INSPECTION REpORT,
ARE
SUPPORTED
BY
EVIDENCE
THAT
IS
SUFFICIENT
AND
RELIABLE;
AND
WITHIN
THE
SCOPE
OF
THIS
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.
Title &
Duty
Location
RIC, Creative Corrections
SME-Safe ,Creative Corrections
Print N
arne,
Title, & Duty Location
SME-Securi ,Creative Corrections
RECOMMENDED
RATING:
o
SUPERIOR
o
GOOD
IZI
ACCEPTABLE
o
DEFICIENT
OAT-RISK
Signature
Date
February 13, 2008
SME-Food Services, Creative Corrections
Print
Name,
Title, & Duty Location
SME-Health Services, Creative Corrections
COMMENTS:
There were two disturbances noted on the Significant Incident Summary data provided. A summary
of
each incident
is
provided below:
Incident
of
9/11107: The incident involved a disruption in normal operations in Tango C&D pods. Several inmates were upset about a
perceived shortage
of
food for the evening meal. The perception resulted from a similar event on 9-9-07 when inmates were served a
single hot dog instead
of
two as usual. On 9-9-07, an enchilada had been substituted for the second hot dog. The inmates in Tango-
C&D units perceived a single, smoked sausage (the equivalent
of
two hot dogs) as a shortage
of
food. The resulting disturbance
required the assistance
of
the LCSO CERT team to extract the disruptive inmates who refused to enter their cells at 6:45 pm. Before
the CERT team entered the units at 9:00
pm
several small
fITes
were set and minor damage to the units ensued. The incident remains
under investigation for possible charges against the inmates involved.
No
systemic failures seemed to contribute to this incident.
Incident
of
12/12/07: The incident involved a disruption in normal operations in Delta - A pod. Sixteen inmates flooded their cells in
an apparent attempt
to
support other inmates involved in a "two-meal hunger strike". All those involved were placed in the high
security unit without incident. Disciplinary reports were filed against all those who participated, Major #5 Disruptive Conduct. The
cases are being adjudicated.
LCDC Staff and Administration were very responsive and listened intently to the team's issues and concerns. The facility is a
good
candidate for use
as
an
0-72
facility
if
needed.
FOR OFFICIAL USE ONLY (LAW ENFORCEMENT SENSITIVE)
© 2007 Creative Corrections, LLC (Rev. 12/8/07)
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