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 18 U.S. Department of Justice United States Marshals Service Detention Facility Review 1A. Detention Facility Information FACILITY NAME: Willacy Co Jail STREET ADDRESS: CITY: Raymondville DISTRICT: Texas - Southem FACILITY TELEPHONE NUMBER: 956-689-5576 FACILITYADMINISTRATOR: DETENTION FACILITY CONTACT: (NO USMS DISTRICT POINT OF CONTACT: (NH SHERIFF: Larry Spence CHIEF OF SECURITY: DISTANCE FROM USMS OFFICES (NHLES): 40 1371 Industiial Drive STATE: TX DISTRICT 79 TITLE: Chief Deputy TITLE: Chief Jail Admin. TITLE: Deputy US Marshal 1/00 FACILITY ODE: 6LW ZIP CODE: 78580 OFFICE: Brownsville COUNTY: Willacy TELEPHONE NUNIBER: 956-689-5576 TELEPHONENUMBER: 956-689-5576 TELEPHONENUMBER: SHERIFF EMAIL: CHIEF OF SECURITY EMAIL: DRIVING TIME FROM USMS OFFICES USING FACILITY B. Average Daily Detainee Population Staf?ng Information ADULT ADULT JUV. TOTAL MALE FEMALE MALE FEMALE FACILITY CAPACITY 88 5 0 93 FACILITY AVERAGE DAILY POPULATION 50 5 5 5 (Last 12 months) USMS BED CAPACITY BUREAU OF PRISONS (BOPPage 2 of 18 TOTAL STAFF COMPLEMENT Auth Filled Contract SECURITY STAFFING: MEDICAL STAFFING: AUTH FILLED 1 IRACT CHIEF OF SECURITY PHYSICIAN 1 SHIFT SUPERVISORS ASST. 0 0 OTHER SUPERVISORS NURSE PRACTITIONER 0 0 CORRECTIONS REGISTERED NURSE 0 0 OTHER SECURITY LICENSED PRACTICAL NURSE OTHER MEDICAL STAFF 0 0 C. IGA/Contract Inspections CONTRACT (If applicable): j-d79-n1-053 FACILITY CODE: 6LW INSPECTION DATE: 8/19/2016 TYPE OF INSPECTION: ACCREDITED BY: STATE INSPECTION ATTACHED: Ellnitial Follow Up El Annual DACA El Other EYes No STATE INSPECTION DATE: 9/14/2015 Has an after-action review been conducted during the past year? No If yes. what type of incident triggered the review? DEscape [21 Death Cl Sexual Assault Cl Jail Conditions lD. Facility Construction Information DATE FACILITY WAS CONSTRUC TED: 1/1/2005 WILL ANY PLANNED REMODELING OR CONSTRUCTION AFFECT FACILITY ElYes No IF YES. PLEASE COMMENT: IE. Serious Incidents In Facility During Previous Calendar Year PROVIDE NUMBER OF SERIOUS INCIDENTS FOR THE FOLLOWING FIELDS: SUICIDES: 0 SUICIDE ATTEMPTS: 0 ESCAPES: ESCAPE ATTEMPTS: 0 PHYSICAL ASSAULTS ON PRISONERS: 0 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): At this time no pending litigation however. due to the in custody death of a USMS detainee there was an investigation. The detainee was a Mexican National and the Mexican Consulate recently requested all interviews that conducted. Page 3 of 18 IG. Visual Review or the Facility LIVINGAREA COMMENTS: Clean and meets the criteria set fouth by USMS Conditions of Con?nement. FACILITIES COMMENTS: Willacy Co Jail is currently updating these features and using tamper proof materials. At this time these features are clean and meet the criteria set fouth by USMS Conditions of Confinement. DAY ROOM COMNIENTS: The day rooms are clean and meet USMS expected criteria. Willacy County Jail are also in the process of updating these areas with new paint. KITCHEN COMMENTS: Not being used. All meals are prepared by Willacy County Regional Detention (MTC) and that kitchen is inspected by OFDT annually. MEDICAL AREA COMMENTS: Clean and meets the basic needs of the USMS detainees housed at that facility. No USMS detaines housed at that facility are suffering from any chronic medical issues. RECREATION AREA COMMENTS: The area sits in the middle of the facility and is well monitored by Correctional Staff. VISITING ROOM COMMENTS: Safe and secure. No contact visitations and well monitored by Correctional Staff. SPECIAL HOUSING COMMENTS: Rarely used by USMS detainees. Only low level 18USC1325. 18USC1326. and Material Witnesses are housed at this facility. RECEIVING AND DISCHARGE COMIVIENTS: Controlled area well maintained by Correctional Staff. Page 4 of 18 IE. Review of Detention Facility Conditions SECTION A:Administration/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 NA A.2 Policy Development and Monitoring Are written policies and procedures communicated to all employees unless security concems justly limit access? IYes No NA A.3 Personal Property and Monies Does the facility properly record. store and return to the detainees upon their release personal property and monies? IYes No NA A.4 Detainee Release Are detainees only released or transferred with proper orders and noti?cation from the agency of jurisdiction? EYes No [3 NA A.5 Accommodations for the Disabled If the facility accepts detainees with disabilities. are adequate accommodations made available for these detainees? No NA 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.) lZlYes No NA A.7 Staff Background and Reference Checks Do all new employees have initial background and reference checks before they are hired? [ZlYes No CI NA Page 5 of 18 A.8 Sta?' Re-investigations Does the facility conduct periodic re?investigations of employees. contractors. and volunteers? [ZlYes No Cl NA A.9 Reporting/Investigating Staff Misconduct Are allegations of staff misconduct investigated and reported to appropriate law enforcement authorities as appropriate? [ZYes No [3 NA 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? [ZlYes No NA A.ll Prison Rape Elimination Act (PREA) Compliance Does the facility have a PREA compliance program? [ZYes No NA 3. Has the facility had DOJ PREA inspection within the year? IYes No NA SECTION B: Health Care B.l Intake Health Screening Do all detainees receive a medical and mental health screening upon admission to the facility? lZlYes No NA B.2 Medical, Dental, and Mental Health Appraisals Is a comprehensive health appraisal for each detainee completed within l4-days after arrival at the facility? lZlYes No 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? EYes No NA Page 6 of 18 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. 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 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 Page 7 of 18 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 [ZYes El No NA IZlYes No El NA SECTION C: Security and Control C.l 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? No NA C.2 Security Features Are regular inspections of all security devices conducted? IZlYes No Cl NA C.3 Security Inspections Do supervisory staff conduct regular patrols. including holidays and weekends, of all areas inmates occupy? [ZlYes No NA 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 El 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? lZlYes No NA Page 8 of 18 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.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.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.11 Tools and Culinary Equipment Control Is the use of tools and culinary equipment controlled and inventoried? Yes  No  NA C.11 Meals are prepared by Willacy MTC and USMS detainees do not have access to the tools or culinary equipment 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 9 of 18 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? IZlYes No [3 NA SECTION D: Food Service D.1 Sanitation Requirements Does the facility ensure the food service equipment meet established govermnental health and safety codes? DYes No NA D.1 Willacy Regional Detention provides all meals to Willacy County Jail. This facility is inspected by OFDT D.2 Adequate and Varied Meals Does the facility proxdde meals that are nutritionally adequate and varied? IZlYes No NA D.2 Willacy Regional is in compliance with all the nutritional requirements set fouth by USMS SECTION F: Safety and Sanitation F.l Fire Safety Are annual ?re safety inspections conducted by state or local ?re of?cials and documented? IZlYes No NA F.2 Control of Dangerous Materials Are ?ammable, toxic. and caustic materials and chemicals maintained in accordance with applicable govermnent regulations? IYes No NA F.3 Clothing and Bedding Are all detainees issued clean temperature appropriate facility clothing? lZlYes No NA Page 10 of 18 F.4 Personal Hygiene Are articles for maintaining proper personal hygiene available to all detainees? EYes No NA F.5 Physical Facility and Equipment Is the facility kept clean and in good repair? [ZYes No NA SECTION G: Services and Program 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? lZlYes No NA a. Are federal detainees charged for any of the services (Haircut. Meals. and Medical Co-Pay)? EYes El No NA 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? IZlYes No NA a. Have all federal detainees been clearly identi?ed in you classi?cation system as a USMS Detainee? No NA G.3 Religious Practices 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)? IZlYes No NA Page 11 of 18 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.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.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.8 Telephone Access Are detainees provided with access to telephones? Yes  No  NA 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 Do the detainees have confidential access to counsel by? a. Telephone Communications? Yes  No  NA Page 12 of 18 b. Uncensored Correspondence? Yes  No  NA 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: 08/31/2016 REVIEWED BY: TITLE: DATE: 09/01/2016 SUBMITTED BY TITLE: DATE: 09/02/2016 PERFORMED B (b) (7)(C), (b) (7) (F) 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 13 of 18 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. Section C. IGA/Contract & Inspections: Tip! • • Facility Code: Each Facility Code requires a separate Detention Facility Review Inspection date: Date of your on‐site review. Section D. Facility Construction Information: Tip! • • 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. Section E. Serious Incidents: 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 14 of 18 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. A.2 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) B.1 Intake Health Screening 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 15 of 18 B.2 Medical, Dental, and Mental Health Appraisals Tip! • • • • • • • Prisoners receive an initial health assessment as soon as possible, but no later than 14‐days after admission to the facility. Appraisals may be conducted by a medical professional other than a physician (e.g., Registered Nurse), but the results should be reviewed by a physician. Prisoners who have identified mental health problems should be referred to qualified mental health professionals (qualified mental health professional = psychiatrists, psychologists, psychiatric social workers, psychiatric nurses, and others who are permitted by law to evaluate and care for mental health needs). Available Compliance Indicators: Policy requirement to perform health appraisals within14‐days; Review medical records to ensure health appraisals are being conducted within 14‐days; Interview health care staff on the appraisal process to ensure appraisals are being conducted and health needs are identified for follow‐up treatment or referral. B.3 Access to Routine, Chronic, and Emergency Health Services Tip! • • • • • • • Available Compliance Indicators: Does the prisoner’s handbook inform the prisoner how they may request medical services (sick call)? How often is medical staff available at the facility or on‐call to provide medical treatment? If medical staff are not available 24/7, are procedures established identifying when emergency medical services (EMS) should be contacted? Does the facility have a pharmacy? Is the facility’s medical staff able to identify the prisoners with chronic/special care needs (i.e., infectious diseases, diabetic, pregnant)? Does a review of the facility grievance records indicate a large number (in comparison to the number of prisoners) of complaints regarding heath care? If so, how does the facility account for the number of complaints? B.4 Response to Medical, Mental, and Dental Health Needs Tip! • • • • • Available Compliance Indicators: Are facility staff CPR/First Aid certified? Are procedures established to have emergency medical services (EMS) respond to the facility? With the exception of emergencies, does the facility clear all outside medical trips with USMS? In the event of an emergency medical trip, does the facility immediately notify USMS? B.5 Suicide Prevention Tip! • • • • • Available Compliance Indicators: Annual staff training logs; Approval of the intake screening and mental health appraisal questionnaires by a mental health professional or the state correctional authority; Written procedures for placing and monitoring prisoner on suicide observation/watch; Review of suicide observation cells to ensure furnishings/fixtures are suicide resistant (i.e., no anchor points to tie down on, no obstructions preventing staff observations). Page 16 of 18 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? B.7 Infectious Disease Tip! • • 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). 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. D.1 Sanitation Requirements 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. F.1 Fire Safety Tip! • 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. Page 17 of 18 F.2 Control of Dangerous Materials Tip! • • • • • • • Practically all chemicals used to clean the facility’s housing areas, food service equipment, prison barber kits, and launder prisoner clothing are hazardous to some extent. Because of this, all chemicals being used in a correctional facility should have a Material Safety Data Sheet describing the seriousness of the chemical’s hazard, and identifying what protective measures are required when using the chemical. Available Compliance Indicators: Hazardous chemicals are kept secure. There is an accurate inventory of each chemical. Material Safety Data Sheets (MSDS) are available for all chemicals. The personal protective equipment (PPE) listed in the MSDS is available. Documentation of training on safe use of each chemical. F.4 Personal Hygiene Tip! • Prisoners should have 24‐hour access to an operable toilet and a washbasin with hot and cold running water. • • • USMS Prisoners should not be assigned to work assignments outside of the secure perimeter of the facility. Review/approval of a USMS prisoner’s work assignments should be documented by the facility. With the exception of keeping their living area clean, working in the facility is voluntary. However volunteer workers should be compensated for work performed in the same manner as the facility’s other prisoners. G.4 Tip! G.6 Juvenile Needs Tip! • • Does the facility house juveniles? Are there restrictions on the types of juveniles the facility will house? • A prisoner’s access to their defense attorney equals access to legal material/law library. G.9 Tip! 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