Form USM-218 Detention Facility Review GUIDANCE The core mission of the United States Marshals Service Detention Facility Review program is to review jail practices to verify basic, minimal requirements are met. Detention Facility Review Standards The 51 standards are divided into 6 sections by relevance. Each standard contains a title and defining statement. The 6 sections are: A. B. C. D. E. F. Administration/Management Health Care Security and Control Food Service Safety and Sanitation Services and Programs The prior USM-218 had standards in 9 functional areas; these have now been reduced to 6 by reorganizing the areas to reduce redundancies. Relevant review standards from the prior USM-218 sections “E” Staff/Detainee Communication, “H” Workforce Integrity, and “I” Detainee Discrimination were relocated into other sections. In order to preserve the organization of data collected from reviews using the prior versions, the current updated USM-218 standards do not use the section letters “E,” “H,” or “I.” The reviewer should ask the appropriate questions and verify appropriate documentation while seeking out pertinent information for making assessments. For example, if a standard requires that the facility provide adequate medical, dental, and mental health screening as part of the intake process, the reviewer should detail what is generally included in a screening. The reviewer should verify that a facility policy exists for each of the review areas. Each facility will be assessed for compliance using the following definitions: Yes - Policies, procedures, and processes are in place to achieve the standard. No - Procedures and processes are not in place. Note: If the Standard does not apply to the particular facility the reviewer shall check the N/A (Not-Applicable) box. General Guidance for Reviewers: Policy Communication and Review 1. Interview high-level staff to ask how policies and procedures are communicated to staff and detainees. 2. Verify that adequate information is available via some means of communication (e.g., policy manuals, orientation, procedures, or legal guidelines). 3. Check pre-service and in-service training curricula to determine the extent to which staff training addresses the relevant policies and procedures. 4. Interview correctional staff and detainees at random to determine the extent of their familiarity with the relevant policies and procedures. 5. Review policies and procedures to determine whether there are any indications of regular (at least annual) review and revision. 6. Is the facility subject to a state jail accreditation? If so, does the facility have a current accreditation report on file? 7. While not required, is the facility accredited and is the facility operating in accordance with standards and policies established by nationally recognized organizations such as ACA, AJA, NCCHC, OSHA, or NFPA? Page 1 of 19 US. Department of Justice United States Marshals Service Detention Facility Review 1A. Detention Facility Information FACILITY NAME: FACILITY CODE: McLennan Co/Jack Ham-?ell Det Fac 6S4 STREET ADDRESS: 3 101 Marlin HVW CITY: STATE: ZIP CODE: Waco TX 76705 DISTRICT: DISTRICT OFFICE: Texas - Western 80 254-750-1570 FACILITY TELEPHONE NUMBER: COUNTY: 254-759-5900 McLennan FACILITY ADMINISTRATOR: TITLE: TELEPHONENUMBER: James Duke Warden 254-759-5900 DETENTION FACILITY CONTACT: TITLE: James Duke Warden USMS DISTRICT POINT OF CONTACT: TITLE: TELEPHONENUMBER: 03) mm DUSM SHERIFF: SHERIFF EMAIL: Parnell McNamara (7X0 WW: CHIEF OF SECURITY EMAIL: DISTANCE FROM USMS OFFICES (MILES): DRIVING TIME FROM USMS OFFICES USING FACILITY 5 10 mins B. Average Daily Detainee Population Staffing Information ADULT ADULT JUV. TOTAL MALE FEMALE MALE FEMALE FACILITY CAPACITY 656 160 0 0 816 FACILITY AVERAGE DAILY POPULATION 465 1 15 580 (Last 12 months) USMS BED CAPACITY 267 23 290 193 83 0 276 BUREAU OF PRISONS (BOP) 9 13 ICE 1 1 Page 2 of 19 TOTAL STAFF COMPLEMENT SECURITY STAFFING: MEDICAL STAFFING: AUTH FILLED 1 IRACT CHIEF OF SECURITY PHYSICIAN 1 SHIFT SUPERVISORS ASST. 1 OTHER SUPERVISORS NURSE PRACTITIONER 1 CORRECTIONS REGISTERED NURSE 7 7 OTHER SECURITY LICENSED PRACTICAL NURSE 3 3 OTHER MEDICAL STAFF 3 3 C. IGA/Contract Inspections (If applicable): 80-10-0033 FACILITY CODE: 6S4 INSPECTION DATE: 6/ 14/2016 TYPE OF INSPECTION: ACCREDITED BY: STATE INSPECTION ATTACHED: Ellnitial Follow Up El Armual CIACA El Other EYes No STATE INSPECTION DATE: 3/17/2016 Has an after-action review been conducted during the past year? ClYes No If yes. what type of incident triggered the review? DEscape El Death El Sexual Assault El Jail Conditions lD. Facility Construction Information DATE FACILITY WAS CONSTRUCTED: 2/2/2010 WILL ANY PLANNED REMODELING OR CONSTRUCTION AFFECT FACILITY DYes No IF YES. PLEASE COMMENT: IE. Serious Incidents In Facility During Previous Calendar Year PROVIDE NUMBER OF SERIOUS INCIDENTS FOR THE FOLLOWING FIELDS: SUICIDES: 2 SUICIDE ATTEIVIPTS: 8 ESCAPES: 0 ESCAPE ATTEMPTS: 0 PHYSICAL ASSAULTS ON PRISONERS: 3 PHYSICAL ASSAULTS ON STAFF: SEXUAL ASSAULTS: IF. Problems/Complaints Affecting Facility During Previous Calendar Year COURT ORDERS AND PENDING MAJOR LITIGATION AFFECTING FACILITY (Attach copy if available): No corut orders or pending major litigation. In response to the suicide attempts inside the Jack Harwell Detention Center the facility administrators have implemented a mandatory training schedule for employees. This training focuses on recognition of suicide indicators and suicide prevention. In response to the recent suicides and forged employee check logs the facility has also begun to institute a ?pipe system?. This system in consists of an electronic device attached to each segregation cell. The employee carries an electronic ?pipe" that scans the electronic device on the cell and logs a check in the computer system. Assistant Warden receives a daily report ??om that computer system to verify the inmate checks are being completed. Page 3 of 19 lG. Visual Review of the Facility LIVING AREA COMMENTS: Living areas in general population consist of bunk beds attached to a day room with community showers and toilet facilities. Inmates are provided cleaning materials daily to clean. Jailors come in and power wash the shower and toilet area on a daily basis as well. FACILITIES COMMENTS: General population pods have a community shower and toilet area in each pod. Inmates are responsible for cleaning those areas. There was hot and cold water available. DUSNW located one sink in which the hot water did not work. That was brought to the attention of jail staff and a work order was submitted. DAY ROOM COMTVIENTS: Each pod has an attached day room. Located inside the day room are picnic style tables. a phone. a tv and a microwave. Attached to the day room are shower and toilet facilities. The day room is cleaned by the inmates in that pod. KITCHEN COMMENTS: The kitchen is operated by the McLemlan County Jail next door. MEDICAL AREA COMMENTS: The medical area consists of 10 medical cells. Inmates requesting to see medical are required to submit a medical request. If an inmate refuses to see medical the inmate must sign a medical refusal. Those forms are kept in the inmate's ?le. The facility does not offer any type of advanced medical care. Inmates needing advanced medical care are transported outside of the facility to a hospital or medical facility. RECREATION AREA COMMENTS: The facility has both indoor and outdoor recreation areas. The outdoor areas consist of basketball courts with high walls and chain link fencing over the top to prevent escape. Imnates are allowed one hour per day outside of their cell for recreation. weather permitting. VISITING ROOM COMNIENTS: All family and ?iend visitation is conducted via video visitation. Lawyers are pemiitted visits in standard interview rooms. All inmates are searched after any type of contact visit before they are placed back in the housing area. Lawyers enter through the main entry door into the facility. There are no security features to prevent a lawyer from bringing in contraband. There is a magnetometer located at the front doors. However. this magnetometer is not in operation by the facility. SPECIAL HOUSING COMMENTS: There are two separate segregation housing tulits inside the facility. There are 8 total segregation units. 4 male and 4 female. One segregation housing unit consists of a pod with 7 single cells on one side and 5 single cells on the other side. There is a day room between the two sets of cell. Each single cell has a toilet. There is an attached day room Page 4 of 19 with shower and toilet facilities. Only one prisoner is allowed out of their cell at a time in this pod. Inmates in segregation are allowed recreation one to two times per week. RECEIVING AND DISCHARGE COMMENTS: Receiving and Discharge are located right off of the sally port. The receiving desk is given a remand and USM 129 for prisoner booking. Page 5 of 19 [11. Review of Detention Facility Conditions SECTION AzAdministration/Management A.l Policy Development and Monitoring Does the facility maintain written policies and procedures that describe all facets of facility operations. maintenance, and administration? IYes No El NA A.2 Policy Development and Monitoring Are written policies and procedures communicated to all employees unless security concerns justly limit access? IYes No [1 NA A.2 Every employee must sign a form stating they have received a copy of the policies and procedures. A.3 Personal Property and Monies Does the facility properly record. store and return to the detainees upon their release personal property and monies? No NA A.4 Detainee Release Are detainees only released or transferred with proper orders and noti?cation from the agency of jurisdiction? lZlYes No NA A.5 Accommodations for the Disabled If the facility accepts detainees with disabilities. are adequate accommodations made available for these detainees? EYes No NA A.5 This facility is ADA compliant. A.6 Does the facility have written contingency/emergency plans in place to be followed in situations that threaten facility security? (Such situations include but are not limited to riots. hunger strikes. disturbances. escapes. and hostage situations.) EYes No NA A.7 Sta?' Background and Reference Checks Do all new employees have initial background and reference checks before they are hired? [ZYes No [3 NA Page 6 of 19 A.8 Staff Re-investigations Does the facility conduct periodic re-investigations of employees. contractors. and volunteers? IZlYes No NA A.8 Every five years a new background check is conducted. A.9 Reporting/Investigating Sta?' Misconduct Are allegations of staff misconduct investigated and reported to appropriate law enforcement authorities as appropriate? No [3 NA A.9 Allegations of misconduct are investigated by the McLennan Cormty Sheriff?s Department. A.10 Discrimination Prevention Is discrimination on the basis of disability, race. gender. sexual orientation. religion and national origin prohibited in the provision of services, programs, and activities? lZlYes No El NA A.ll Prison Rape Elimination Act (PREA) Compliance Does the facility have a PREA compliance program? IYes No NA a. Has the facility had DOJ PREA inspection Within the year? ElYes l2! No NA A.l la The facility has a DOJ PREA inpection scheduled. SECTION B: Health Care 5.1 Intake Health Screening Do all detainees receive a medical and mental health screening upon admission to the facility? IZlYes No NA B.l All irnnates are seen and medically cleared at the intake process. B.2 Medical, Dental, and Mental Health Appraisals Is a comprehensive health appraisal for each detainee completed within 14-days after arrival at the facility? lZlYes No [3 NA B.3 Access to Routine, Chronic, and Emergency Health Services Are all detainees informed about how to access health services during the intake/admission process? [ZYes No NA Page 7 of 19 B.4 Response to Medical, Mental, and Dental Health Needs Are all detainees who require health care beyond the capacity of the facility (as determined by a responsible physician) transferred under appropriate security to a facility where such care is available? Yes  No  NA B.5 Suicide Prevention Does the suicide prevention program include procedures for the following: a. Staff training Yes  No  NA B.5a Along with ongoing training, all emloyees carry a card with suicide indicators to look for. b. Intake/admission procedures Yes  No  NA c. Identifying suicidal prisoners Yes  No  NA d. Referring suicidal prisoners for mental health intervention Yes  No  NA e. Housing observation and suicide watch Yes  No  NA B.5e Per facility policy, all inmates on suicide watch are placed on constant supervision. f. Incident review/debriefing Yes  No  NA g. Follow-up monitoring Yes  No  NA B.6 Detainee Death Does the facility have written procedures in place to describe the actions to be taken in the event of a detainee's death, assault or medical emergency to include notification to the agency of jurisdiction? Yes  No  NA B.6 The McLennan County Sheriff's Department and Texas Rangers investigate all inamte deaths. Page 8 of 19 B.7 Infectious Disease Is there a written plan which addresses the management and reporting of infectious and communicable diseases including. but not limited to: a. Tuberculosis EYes No NA b.Hepatitis El No NA No El NA SECTION C: Security and Control C.1 Correctional Supervision Are Correctional of?cer posts located in or immediately adjacent to inmate living areas to permit of?cers to see or hear and respond to emergency situations? lZlYes No NA CI The facility maintains one guard per every forty eight imnates. C.2 Security Features Are regular inspections of all security devices conducted? EYes No NA C.2 Main control houses a set of keys to the facility. Main control also opens all doors inside and outside the facility. C.3 Security Inspections Do supervisory staff conduct regular patrols. including holidays and weekends. of all areas imnates occupy? EYes No NA C.3 The Lieutenant does a security check every shift. The Compliance Sergeant does a walk through at least once a week. C.4 Control of Contraband Are there procedures in place to guide searches of facilities and detainees to control contraband and provide for its disposition? lZlYes No NA C.5 Detainee Searches Are procedures in place to guide the search of a detainee's body and attire upon arrival at the facility and prior to transportation out of the facility? [ZlYes No NA C.5 All inmates are searched prior to entering the facility. Page 9 of 19 C.6 Detainee Accountability and Supervision Does the facility have a system for physically counting detainees that includes strict accountability for detainees being counted outside of their assigned living areas? Yes  No  NA C.7 Use of Force Does the facility have guidelines to ensure that force is used only when necessary and only as long as necessary? Does the facility also ensure that when force is used, it is not excessive and it is properly documented and reported? Yes  No  NA C.7 Employees under go a monthly use of force training. C.8 Use of Force Documentation Does the facility also ensure that when force is used, it is not excessive and it is properly documented and reported? Yes  No  NA C.8 Every use of force report is reviewed by the Shift Supervisor, Major, Assistant Warden and finally the Warden. C.9 Non-routine Use of Restraints Does the facility ensure that restraints are used only when necessary? Does the facility also ensure that when restraints are used, they are used appropriately and only for non-punitive purposes? Yes  No  NA C.10 Key Control Is the use of keys controlled and inventoried? Yes  No  NA C.10 Keys are checked and verified twice per day. C.11 Tools and Culinary Equipment Control Is the use of tools and culinary equipment controlled and inventoried? Yes  No  NA C.12 Weapons Control Are there written procedures that govern the availability, control, and use of firearms and less than lethal devices? Yes  No  NA Page 10 of 19 C.l3 Detainee Discipline Do detainees receive in writing the institutional rules. penalties for violations of those rules, and the disciplinary procedures in effect at the facility? EYes No NA C.14 Supervision for Special Housing Do correctional o?icers personally observe special management detainees twice per hour. but no more than 40-minutes apart. on an irregular schedule? DYes No [3 NA C. 14 LaSalle Southwest Corrections policy is to observe inmates every 20 minutes. this is per Warden Duke. However. within the last 12 months there have been two letters of De?ciency issued to Jack Harwell Detention Center from the Texas Commission on Jail Standards. The latest De?ciency letter stated. After reviewing information received from the JHDC . video evidence revealed that jailers failed to observe all inmates at least once every 60 minutes. The video revealed that the last visual face-to-face observation was not conducted for over 2 hours from the previous check. Investigation revealed that employee logs of inmate checks had been forged in both suicide incidences. During the jail inspection DUSM reviewed the log books in the segregation units. The logs showed that imnates were being observed every 20 minutes. Given the fac' ity's 'story of forging logs it is impossible to say that jailers are actually checking inmates in segregation per Texas Commission on Jail Standards requirements. SECTION D: Food Service D.l Sanitation Requirements Does the facility ensure the food service equipment meet established governmental health and safety codes? ElYes No NA DJ The kitchen is operated by the McLennan C01mty Jail. D.2 Adequate and Varied Meals Does the facility provide meals that are nutritionally adequate and varied? DYes No NA D2 The kitchen is operated by the McLennan County Jail. SECTION F: Safety and Sanitation Fire Safety Are annual ?re safety inspections conducted by state or local ?re of?cials and documented? lZlYes No NA F.1 See attached Fire Marshal inspection report. F.2 Control of Dangerous Materials Are ?ammable, toxic. and caustic materials and chemicals maintained in accordance with applicable govermnent regulations? lZlYes No NA Page 11 of 19 F.3 Clothing and Bedding Are all detainees issued clean temperature appropriate facility clothing? IZlYes No NA F.4 Personal Hygiene Are articles for maintaining proper personal hygiene available to all detainees? lZlYes No NA F.5 Physical Facility and Equipment Is the facility kept clean and in good repair? lZlYes No NA SECTION G: Services and Programs G.1 Classi?cation, Review, and Housing Is there an objective classi?cation process that starts at admission. for managing and separating prisoners. and administering the facility? [ZYes No NA a. Are federal detainees charged for any of the services (Haircut, Meals, and Medical Co-Pay)? ClYes No NA G. la There is no charge for federal inmates. G.2 Classi?cation, Review, and Housing Does the classi?cation process ensure review of a detainee's status, and revision of the detainee's status as needed in response to changes in a detainee's behavior or circumstances? EYes No NA 3. Have all federal detainees been clearly identi?ed in you classi?cation system as a USMS Detainee? No NA G.3 Religious Practices Page 12 of 19 Do detainees have the opportunity to participate in the practices of their religious faith (limited only by documentation showing a threat to the safety of persons involved in such activity itself or the disruption of order in the facility)? Yes  No  NA G.4 Volunteer Work Assignments Does the facility ensure that un-sentenced detainees are not required to work unless they volunteer to do so? Yes  No  NA G.5 Detainee Grievance Program Is a grievance procedure available to all detainees and includes at least one level of appeal? Yes  No  NA G.5 Grievances are assigned to the Grievance Officer. There is one appeal to the Warden. G.6 Juvenile Needs If the facility houses juvenile detainees for USMS, does the facility ensure that the special diet, exercise, and education needs of juvenile detainees under the age of 18 are met? Does the facility also meet the special education requirements of applicable detainees under the age of 21? Yes  No  NA G.6 This facility does not house juvenile inmates. G.7 Exercise and Out-of-Cell Opportunities Does the facility provide detainees with reasonable opportunity for exercise and out-of-cell time? Yes  No  NA G.7 Inmates are allowed to go to recreation three times per week. Weather permitting the facility allows inmates recreation time daily. G.8 Telephone Access Are detainees provided with access to telephones? Yes  No  NA G.8 There are phones located in every pod. G.9 Access to the Courts and Legal Materials Do detainees have access to the courts? Yes  No  NA G.10 Access to Legal Representation and Legal Materials Page 13 of 19 Do the detainees have confidential access to counsel by? a. Telephone Communications? Yes  No  NA b. Uncensored Correspondence? Yes  No  NA G.10b Legal mail is opened in front of the inmate and checked for contraband only. c. Visits? Yes  No  NA G.11 Visitation Privileges Is there a detainee visitation program to facilitate the development and maintaining of community ties? Yes  No  NA G.12 Detainee Mail and Correspondence Can detainees send and receive mail and is the confidentiality of privileged correspondence maintained? Yes  No  NA In addition to certifying that the above facility does offer the mandatory services as indicated by the checklist above, I certify that I gave the official listed above the following information regarding the prisoners I have housed there (escape risk, suicide risk, visitation, etc.) Monitoring Report Certification TITLE: Deputy United States Marshal DATE: 08/04/2016 REVIEWED BY: TITLE: DATE: 08/04/2016 SUBMITTED BY TITLE: DATE: 08/08/2016 PERFORMED B (b) (7)(E) NOTE: Please obtain a copy of all inspection certificates, menus, prisoner handbooks or any other relevant documentation that supports a Detention Facility Review. All supporting documentation should be filed with the corresponding Detention Facility Review. Please do not forward supporting documentation to the Prisoner Operations Division. Page 14 of 19 Section A. Distance from USMS Office: Tip! • Use the closest USMS office to the facility to calculate the distance. Section B. Average Daily Detainee Population & Staffing Information / Detainee Population Information: Tip! • • • • • Facility Capacity: Obtain the number of prisoners the facility is designed to hold. Facility Average Daily Population: Crowding may cause this number to be larger than the Facility Capacity number. USMS Bed Capacity: Bed capacity at the facility for USMS prisoners. BOP: Monthly Average. ICE: Monthly Average. • • Facility Code: Each Facility Code requires a separate Detention Facility Review Inspection date: Date of your on‐site review. • In addition to any planned renovations or new construction, include any changes to the facility which occurred since the date of the Inter‐Governmental Agreement The Office of Contracts & Agreements, Prisoner Operations Division, reviews this section when considering a facility’s request to increase the daily‐rate. Tip! Section D. Facility Construction Information: Tip! • Tip! • Incident data should be the facility’s totals, not just those incidents involving USMS prisoners. Section G. Visual Review of the Facility: Tip! • Include a description of the relevant physical layout/features of each facility area. For example: Living Area Comments: “Prisoner housing areas consist of 3 separate housing units, with each housing unit being divided into 2 housing pods. Each housing pod contains 30, 2‐bed prisoner cells.” Page 15 of 19 Section H. Review of Detention Facility Conditions: A.1 Tip! • • The facilities may use different term (i.e., Policies, Standard Operating Procedures), but should be able to provide an indexed binder containing all the policies or show where the policies are available electronically. Individual Policies should have a date showing the when they were implemented, and another date documenting the last time the responsible facility manager/administrator reviewed the policy to ensure it remained relevant to the facility’s operation. Tip! • Policies may be communicated to staff in a number of different ways: During staff training; via Post Orders which pertain to a facility assignment (e.g., Housing Unit Officer), and by allowing staff to have access to the policies from computer workstations. A.6 Contingency/Emergency Plans Tip! • • B. Ensure the facility’s contingency plan includes the USMS prisoners housed at the facility. Obtain a copy of the contingency plans for incorporation into the District’s detention plan. Health Care Tip! • • Pursuant to 45 C.F.R. § 164.512(k) (5), a health care provider may disclose a prisoner's Protected Health Information (PHI) to the USMS or a correctional institution that houses the prisoner. The June 10, 2003, memorandum from the Office of General Counsel, regarding the Health Insurance Portability and Accountability Act of 1996, provides more specific information and is available and is available on the USMS/POD/Medical Operations intranet site: (http://intranet.usms.doj.gov/sites/hqs/POD/Documents/hippa.pdf) Tip! • • • • • • • Receiving screening is performed on all prisoners on arrival at a facility in order to ensure that emergent and urgent health needs (medical, mental, and dental) are identified. Intake Health Screenings may be conducted by health care staff or by health‐trained correctional staff. Available Compliance Indicators: Policy requirement to perform intake health screenings; Observe intake health screenings; Interview staff to ensure the process for identifying and referring prisoners with medical, mental, or dental needs is known; Review medical records to ensure the intake screening was performed. Page 16 of 19 8.2 Medical, Dental, and Mental Health Appraisals Page 17 of 19 B.6 Death Tip! • • • • Available Compliance Indicators: Does the facility have written procedures to follow in the event of a prisoner death? Do these written procedures include immediately notifying the USMS in the event of a USMS prisoner death? Do the written procedures require the review of each prisoner death? • The facility should have written procedures in place for handling and coordinating with the local health department of Tuberculosis, Hepatitis, and HIV. Cases of active tuberculosis and chicken pox must be reported to U.S. Marshals Service (USMS)/Prisoner Operations Division (POD)/Medical Management Branch (MMB). B.7 Infectious Disease Tip! • C.6 Tip! • • • • USMS Policy 9.17 ‘Body Searches’ requires a search of the prisoner’s body and attire upon arrival at a facility, and prior to movement from the facility or to a court appearance. Available Compliance Indicators: Review the facility’s prisoner search policy; Observe the intake/discharge search procedures. Tip! • Review the most recent food service/health inspection (inspection date should not be greater than one year prior to the date of your review) in order to verify all identified health violations were corrected. D.2 Adequate and Varied Meals Tip! • • • Compliance Indicators: Meal menus approved by a dietitian. Served meals match the approved meal menus. • Review the most recent facility inspection by the Fire Marshal (inspection date should not be greater than one year prior to the date of your review) in order to verify all identified fire code violations were corrected. F.1 Fire Safety Tip! Page 18 of 19 F.2 Control of Dangerous Materials Page 19 of 19