Inter-Office
MEMORANDUM DEPARTMENT OF PUBLIC SAFETY No._______
Suspense______
April
30,2001
TO: Ted Sakai, Director
VIA: Marian E. Tsuji, DEP-C
Edwin Shimoda, IDA
Nolan Espinda, HCF Warden
Eric Tanaka, HCF Deputy
Warden
FROM: Cheryl Zembik, Contract
Monitor
SUBJECT: BRIEFING
REPORT-FLORENCE CORRECTIONAL
FACILITY
4/16-4/20 MONITORING TRIP
Quarterly inspection was done
from Tuesday, April 17, to Thursday, April 19, 2001
FACILITY DESCRIPTION
This is a medium security
facility located in Florence, Arizona approximately 45 miles from Phoenix. CCA
financed, designed, built and manages the Florence Correctional Facility in
Florence and its construction was completed in 2000. The 1,100-bed medium
security institution houses adult male offenders from Hawaii and INS female
detainees. Presently there, are 557 Hawaii inmates housed at Florence.
AUDIT TEAM
The audit team consisted of
the following individuals:
Cheryl Zembik, Social Worker
IV, Contract Monitor (HCF)
John Martinez., Operations
Captain (HCF)
Patrick Kawai, Gang
Intelligence Officer (HCF)
Robin, Health Care Manager
(HCF)
FOLLOW-UP TO PREVIOUS
AUDIT 12/2000
There were a few concerns
from the previous audit as follows:
• Gang activity
• Discrepancies with inmate
classifications.
Problems of miscalculations,
lack of legible documents, date of misconducts, etc.
• Inmate complaints
Inmate XXXX
dissatisfaction with reclassification results. Note: Inmate was given detailed
explanation
of classification in a letter in March
2001.
Inmate XXXX possible
transport to Hawaii for SOTP
Inmate XXXX request
to "max out" in Arizona (Note: Inmate was given a response in writing
noting
his request prior to monitoring trip
Problems with inmate phones
Lack of available programs
i.e.: substance abuse, SOTP
Inmates XXXX should
return to Hawaii (Note: Inmate XXXX recently returned to Hawaii)
• Staffing (Correctional
Officers lack of experience)
• Medical issues (Need for
medical personnel to monitor)
• Serving of inmate food
through a trap door
ENTRANCE INTERVIEW
The inspection team proceeded
to the office of Warden Pablo Sedillo where they met the facility team members.
The team expressed their appreciation for the opportunity to become involved in
the inspection/monitoring process. The formal entry meeting was conducted and
the following individuals were in attendance:
Mr. Pablo Sedillo Warden
Mr. Dick Smelser Deputy
Warden
Mr. Carl Stansel Chief of
Security
Mr. Sanchez Assistant Chief
of Security
Mr. Gary Churich Program
Manager
It was explained that the
goal of the visiting team was to be helpful and assist the facility and staff
in all areas of the inspection. The entrance interview began with the
introduction of the visiting team and their backgrounds in corrections. The
members explained the process to be used during the inspection and informed
staff that they would be posted as to the progress of the inspection and any
potential problems should they arise. The inspection schedule was also
discussed at this time. It was noted that due to the hostile environment female
team members would not be touring the facility until it was determined to be
safe,
FACILITY TOUR
Due to the hostile
environment Contract Monitor Cheryl Zembik did not tour the facility.
SECURITY
On this monitoring trip,
Captain John Martinez and Sgt. Pat Kawai were involved in monitoring security procedures, They were also involved in obtaining intelligence
information regarding an "STG" (Security Threat Group) known as the "USO"
(United Samoan Organization). Per reports, this gang is involved with drug
trafficking, sex with INS female detainees and violent acts towards staff and
other inmates. Please refer to reports completed by Captain Martinez and Sgt.
Kawai.
There were six reported cases
of inmate assaults and two inmate deaths during the month of April. A riot
occurred involving inmates and staff Two staff members
were assaulted resulting in one officer to require six stitches. One inmate
drank a bottle of cleaning fluid and another claimed to have attempted suicide
by hanging. Both inmates were seen by medical personnel and released without
further incident. In regards to the suicide attempt, medical staff could not
verify that an attempt was made. There were no physical markings noted.
SANITATION
No tour was conducted due to
the hostile environment.
Sanitation services are
provided by the inmates assigned to worklines under the supervision of facility
staff.
SAFETY
The Arizona State Fire
Marshal on November 6, 2000 conducted an inspection.
FOOD SERVICE
The Pinal County Health
Department in January 2001 conducted an inspection.
PROGRAMS/EDUCATION
Initially FCC only offered a
Basic Mental Health course to Hawaii inmates. Recently they have implemented
Anger/Stress Management, Substance Abuse Level II and Cognitive Skills. In
March 2001, education programs were implemented with 33 inmates currently
assigned to this program. Substance Abuse Level II has 12 inmates enrolled, 4
drop outs and 15 inmates participating in the In-Cell Hobby Craft Program.
Additionally an Electromechanical program was also implemented. The goal is to
have 100 inmates participating in these programs. However, due to the limited
class size there is a waiting list for inmates to attend.
It should be noted that
numerous inmates were either dropped from these classes or refused to
participate in their correctional programming.
On March 26, 2001 Hawaii
inmates gathered to celebrate Prince Kuhio Day. Approximately 100 inmates
participated in live music, cultural dancing and stand-up comedy routines. All
inmates were served a special noon time meal with sodas and ice cream.
HOUSING UNITS
Due to the hostile
environment a tour was not conducted in this area.
COUNSELING
Counselors conduct interviews
and group meetings to address the inmates’ specific needs. The counselor also
does case management work and is scheduled to be in the housing unit several
days a week to meet with inmates and maintain communication. There were three
counselors for the Hawaii inmate population. FCC recently hired 4 more case
managers and 2 unit managers to accommodate the growing inmate population.
INMATE CLASSIFICATION
Hawaii inmates should receive
regular classifications every six months. Special classifications are to be
completed when there is a change in custody prior to the scheduled
classification such as guilty dispositions for high and greatest misconducts.
The case managers assigned to the Hawaii population appeared in need of
clarification regarding the reclassification instrument. Inquiries were made
regarding a case manager only known as "JB" on reclassifications sent
to the Contract Monitor for review. This writer stated that in past reviews of
inmate reclassifications there were numerous errors in calculations and
documentation of misconducts. In previous conversations with Program manager
Gary Churich, it was noted that FCC utilized Hawaii’s classification
instrument. At that time it seems that a number of factors contributed to the
high error rate i.e.: lack of information, poor calculations, instrument flaws,
etc. However, this was easily rectified. This writer was also informed on this
visit that case manager "JB" was no longer employed at FCC. this possibly contributed to the decline in error rated in
inmate classifications. Program Manger Churich was commended for his staff’s
work in resolving some of the discrepancies involving inmate classifications.
Inquiries were made as to the
status of inmate XXXX classification. Per a letter from inmate,
he did not receive a classification for more than a year. Upon review of
inmate’s file, his reclassification was past due. His case manager was
instructed by Gary Churich to update his custody status. Upon completion, this
writer reviewed the instrument and noted that inmate’s custody decreased from
Close to Medium. It should be note that inmate XXXX was informed
of his current reduction in custody during an interview by this writer.
It was requested that in the
future, copies of incident reports and adjustment hearing dispositions be sent
to this writer for review and tracking. In the past, numerous requests were
made to no avail. Gary Churich indicated that he would forward copies of
pertinent information to this writer.
Shortly, FCC will utilize the
classification instrument used by Prairie Correctional Facility.
Questions were raised
regarding housing inmates according to custody level. Per Warden Sedillo, he
has recently implemented this procedure.
COMMISSARY
No tour was conducted due to
the hostile environment. FCC affords inmates a variety of food products on the
Commissary order list. (Refer to Commissary order forms.) Inmates are allowed
to purchase $50.00 worth of items from the Commissary.
INMATE WORK PROGRAMS
(WORKLINES)
No tour was conducted due to
the hostile environment.
The facility provides
employment Opportunities for inmates in all aspects of institutional
operations. These worklines include facility maintenance, food service,
ground maintenance, laundry, barbershop and recreation. The work experiences
gained at this facility afford the inmates the opportunity to obtain marketable
job skills and good work ethics.
A Job Board meets every
Friday to screen inmate workline requests. The process involves inmate sign-up,
job tracking and classification review.
RECREATION
No tour was conducted due to
the hostile environment.
Inmates can watch television
in their housing units. The facility provides indoor and outdoor exercise
areas.
MEDICAL CARE
No tour of the Medical Unit
was conducted due to the hostile environment. Robyn Kalahiki was assigned to
conduct the inspection of the Diamondback’s medical facility. Refer to her
attached report for details.
Inquiries were made into
inmate XXXX allegation of mistreatment XXXX while
in transport to Minnesota from Los Angeles in January 2001. Medical staff
provided documentation that in 1996 inmate had XXXX however, there was no record of a complaint of
injuries or mistreatment in transit upon arrival at Prairie Correctional
Facility in Minnesota. Records indicate that on April 4, 2001, submitted a sick
call request. On April 5, 2001, inmate XXXX refused to see
medical personnel subsequently canceling his sick call request.
LIBRARY SERVICES
No tour was conducted due to
the hostile environment.
Hawaii inmates do utilize the
library for recreational and litigation purposes and appear content with
materials and literature.
Inmates housed in Segregation
receive legal materials through a paging system,
CHAPLAIN
No tour was conducted due to
the hostile environment.
The facility has a chapel
facility but does not have a chaplain at this time. All religions are
recognized at this facility. Volunteers and clergy of various denominations
provide religious services and spiritual guidance at the facility. There is a
sweat lodge for Native American inmates. Hawaii inmates of various ethnicities
have requested access to the sweat lodge. XXXX .
VISITATION
No tour was conducted due to
hostile environment. Visits for Hawaii inmates are few. Although Hawaii inmates
are afforded visits, very few inmates have had visits.
Segregation inmates are
afforded weekly visits on Wednesdays providing it is requested.
LAUNDRY
No tour was conducted due to
the hostile environment.
INMATE GRIEVANCES
FCC grievance procedures
involve three steps:
1. Informal: To be handled
through staff
2. Grievance Officer: Answers
grievances unresolved informally
3. Warden: Addresses appeals;
decision is final
Hawaii inmates generate
numerous grievances. However, the majority of complaints are generated by only
a few. There has been an increase in grievances since the transfer of inmates
to FCC from Minnesota.
STAFFING
FCC
staffing increased by 20 correctional officers graduating from the academy on
March 19, 2001. 4
case managers and 2 unit managers. Two more Correctional Officer academies were
added consisting of 30 more officers and 5 more Administrative
personnel.
INTERVIEWS
Inmate Interviews
The team interviewed numerous
inmates throughout the facility. The team heard complaints regarding the
hostile environment and fear for their personal safety. Inmates informed the
team of a gang (USOS) that formulated and later increased in numbers with the
recent transfer of inmates from Minnesota. Recently there have been numerous
assaults on inmates and staff resulting in serious injuries and Airvacs to
nearby hospitals. Inmates related that staff was not approachable and felt that
their needs involving personal safety were not being addressed.
Complaints were also noted regarding inmate mistreatment by staff i.e.:
threats, racial slurs, etc. However, favored were the recent implementation
of programs.
Inmate XXXX had
concerns for his personal safety as well as the safety of other inmates
and staff. Due to the recent riot and assaults, he fears future acts of
violence are inevitable if nothing is done to break up the gang.
Inmate XXXX fears
for potential confrontations with "USOS" that may cause him physical
harm and potentially deferring his return to Hawaii for Parole. Inmate stated
that if confronted by a gang member, he would not "back down."
Inmate XXXX
as concerns for his personal safety due to the recent riot and assaults on
staff and inmates by gang members.
He wants to return to Hawaii to help care for his ailing mother. His recent classification
was discussed and that his return home will be deferred until his custody level
reduces to Minimum. Then he will be considered for transfer to KCF and
placement in SOTP. Inmate stated that he has received letters from Dr. Coyne,
but could not produce these documents during the interview.
Inmate XXXX wrote
a letter requesting to return to Hawaii to participate in SOTP. However, he did
not follow, protocol with Sex Offender Director Dr.
Barry Coyne. When it was explained to him, inmate recanted his request to
return home for SOTP and opted to remain in Arizona until discharge.
Note: Team members requested
to interview inmate XXXX he refused and stated that the team
needed to speak to the judge in Hawaii. Since he has written numerous letters
regarding his status and objections to be housed in mainland facilities,
another request was made by Contract Monitor Cheryl Zembik to interview inmate
and address his issues. The response was negative and that I needed to speak to
the judge.
Staff Interviews
Due to the hostile
environment staff interviews were limited to Cheryl Zembik and Robyn Kalahiki.
However, Captain Martinez and Sgt. Kawai did interview numerous security
personnel throughout the facility.
EXIT DISCUSSION
The exit interview was
conducted in Warden Sedillo’s office. Due to the hostile environment, the focus
of the exit interview was on security issues involving gang activity addressed
by Captain Martinez and Sgt. Kawai.
Contract Monitor
Comments/Recommendations:
During this monitoring trip,
it appeared that members of the team appeared frustrated at times due to the
hostile environment and inability to conduct a through inspection of FCC.
However, even with all the obstacles the members faced, collectively they rose
above and persevered and remained objective throughout their assessment.
Florence Correctional Center
faces continuous staffing problems, due to competition with other state and
federal facilities within the area. Staff appear
stressed and reluctant to speak about their work environment for fear of retaliation
from administration and inmates. In light of the recent riot inmate death and
assaults on staff, the level of tension remains high. It appears that morale is
declining along with the frustrations of lack of administrative control within
FCC. Staff’s commitment to provide a safe and secure environment for Hawaii
inmates appears strained at this time. XXXX
It is recommended that warden
Sedillo be given additional support to assist him in maintaining order. One man
cannot do it alone. He is like the captain of his ship and willing to go down
fighting. If the security of a facility is compromised, every other of
monitoring is of little importance.
It is also recommended that
the issues of gang involvement be seriously addressed, as it appears many
inmates are living in fear. Those not involved in the gang population know that
in time they will be approached by these individuals and are afraid to
retaliate for fear of the repercussions, i.e.: being seriously injured,
possible death, parole being deferred, being labeled as a "rat," etc.
With additional support to the staff at FCC, this facility has a chance to
obtain the highest level of functioning that is an integral part of CCA’s
mission of excellence.
Special note: It has been a learning experience to
attempt to monitor a facility in turmoil. However, if not for experiences, good
or bad one could not learn and grow. I am thankful for the opportunity to be a
part of this team, whose members took their roles seriously and maintained an
extreme level of professionalism. This is what is referred to as "teamwork."
State Of Hawaii
Department
of Public Safety
Contract
Audit Team
Captain
John Martinez
Sergeant
Patrick Kawai
Cheryl
Zembeck, CM
Robyn
Kalahiki, CSA
FLORENCE
CORRECTIONAL CENTER
April
16 - 20, 2001
XXXX
XXXX
The most interesting interview we had was with inmate XXXX . There was more than reasonable cause to believe that the September 12, 2000, incident was due to Hawaii inmates attempting to make a name for a new prison gang that was formed. The
XXXXgang started the incident on September 12, 2000. Since that day we can identify a total of three (3) factions or so called Hawaii prison gangs established in FCC, Arizona.Today there is only one gang in FCC, Arizona. Inmate
XXXXis the leader of the Hawaii gang known asXXXX. All other Hawaii prison gangs were disbanded. Most Hawaii inmates joined freely, others were physically forced to joinXXXX. InmateXXXXand myself had quite a lengthy discussion regardXXXXand their reason for existing. After a while I asked if he fully understood the role he played as the identifiable leader ofXXXX. InmateXXXXresponded cool, calm, and collectively, that he would die forXXXX.
Based on the current trip to
Arizona, the above appears to has drastically increased.
It was discovered that there now appears to be bona fide Security Threat Group,
(STG) comprised of Hawaii inmates. They call themselves ‘USOs.’ This STG has
become a defiant force in FCC. They are currently responsible for majority (if
not all), of the violence and disturbances in FCC. If this issue is not
immediately addressed and corrected by Warden Sedillo and his staff, Hawaii will
have a serious problem to deal with.
The following are reasons of
why the Hawaii contingency believes this issue must be addressed
immediately:
1. Hawaii contingency obtained a list of approximately ninety-five members of the USO family. (Thus contradicting the packet received on April 17, 2001 from FCC administration regarding limited gang activity since the September incident.) USOs are causing bodily harm throughout the facility on both inmate and staff
2. Hawaii contingency made aware by "other" Hawaii inmates, that, there is an uneasy feeling and that they feared for their safety. This appears to be an apparent result of the prominent presence of USOs throughout the facility.
3. Recently there appears to be widespread drug introduction into the facility by (FCC) staff members, who are "working" for the USOs. (During our visit we witnessed an FCC staff member openly admit to "bringing in drugs." When questioned why he did this? The staff’s response was "for protection from the USOs."
4. A death occurred recently of one of the USO members. It appears this was due to an attempt to promote or traffic prison contraband (drugs) that went sour (the bags of drugs "busted" in the stomach of the inmate).
XXXX5. Currently it appears that FCC staff lacks the confidence, and experience to effectively deal with this problem. (Warden Sedillo’s administrative team is "new" to the facility. Warden Sedillo cannot do this by himself.)
For additional related
information see attached report by Sgt. Kawai.
Suggestions:
This appears to be a rather
simple solution. Lock the jail down. Identify all the USOs
members. Utilize CCA’s SORT team to extract and isolate all USO members (move
them one-at-a time).
Why?
This allows for the jail to
stabilize.
This allows FCC staff a
chance to re-enforce awareness and control tactics.
This allows FCC staff to
regain a sense of confidence,
This allows FCC policy makers
time to review, adjust and implement more strict
inmate movement rules.
This allows Hawaii avoidance
of liability issues we are about to face, if this is not corrected.
Submitted for your review
John Martinez, Captain
State of Hawaii
Department
of Public Safety
Halawa
Correctional Facility
Contract
Monitoring Trip
Florence
Correctional Center
April
16-20, 2001
To: HCF Warden Nolan
Espinda
Via: Operations Captain
John Martinez
From: Gang Intelligence
Investigations Sergeant Patrick Kawai
Subject: Summary of
identified Security Threat Group (STG) at Florence Correctional Facility (FCC)
Subsequent to the de-briefing
held in Warden Espinda’s office on Monday, April 23, 2001 and the obvious
problems created by the STG known as the "USO Family" at FCC; the
following report is what was established concerning the monitoring trip to
Florence, Arizona, specifically with the STG "USO Family":
The monitoring team that was
sent to FCC consisted of the following members:
Captain John Martinez
Sergeant Patrick Kawai
RN Robyn Kalahiki
CM Cheryl Zembik
Although the above-mentioned
auditors were there to inspect different areas of the facility it was found
that the "USO Family" was an aspect of all areas of the facility.
What is Known:
The "USO
Family" or United Samoan Organization appears to be the prominent STG
identified at FCC. XXXX I was not aware of exactly how powerful
this STG has become until my arrival at Arizona and FCC itself.
Referring to the September
12, 2000 riot that bad occurred at FCC it had appeared that there might have
been a riot for power between up and coming STG’s. The STG’s identified at the
time were "Thugs for Life," "War Party," and "The USO
Family." At present time I believe that the smaller STG’s have been
filtered out and The USO Family is the STG in control of the facility.
This STG has approximately
100-plus members that control the trafficking, use, sale of illicit drugs,
making and use of "swipe," sex with INS female offenders, and violent
acts to inmates as well as staff. This group has at least one member on each
workline in the facility and this person is very instrumental in getting other
members on the worklines. The significance in this is that when a member of the
USO family wants a job on a certain workline the member currently employed on
that specific workline will "arm" or threaten the other non-member
workers into quitting so that their other players can get the jobs. We’ve
identified much of the USO family’s players by their "monikers" or
gang names (see attached). Although at present time all players
names are not known we are actively working on positively identifying the
players by cross referencing with FCC officials as well as our own department’s
officials.
It is known that every recent
major assault that happened was related to the USO family. These incidents
involved both inmates as well as staff. Every interview that was performed by myself as well as Captain Martinez with inmates at FCC
mentioned or otherwise acknowledged that the USO family does in fact exist.
While at
FCC at least a five-gallon bucket of "swipe" was discovered
approximately 15-17 feet above the kitchen floor where they prepare
meals for the population.
The bucket was discovered directly above the kitchen’s refer door. Inmate XXXX
openly admitted that he was drunk off of swipe that was prepared in the kitchen
when he assaulted the officers and other inmates while in the Recreation yard
on April 11, 2001.
Inmates openly communicate
with the females while out in the recreation yard. XXXX It was
found that inmate XXXX was communicating with a female inmate
when he got assaulted by a known USO family member. Quite
possibly for communicating with a female inmate without permission from the USO
family.
What was observed: During my first observations of the
facility, which occurred on the the very first night, XXXX The
general atmosphere appeared tense and hostile. The officers that I observed
wear no restraints on their person should the need occur to restrain a hostile
inmate. I never once while at FCC observed an officer frisk search or strip
search an inmate. I never once observed an officer go through any inmate’s
property, or search anything an inmate was carrying. The lack of these simple
security measures allows for more passing of contraband. Furthermore, it would
appear that the inmates have no fear to transport anything on their person.
Movements are made on the
hour and in great numbers with lack of personnel on the floor, allowing the
inmates to "cluster" in the halls, making it difficult for the
officers to control and observe possible passing of contraband. Officers in the
pods do not know where any one inmate is at any given time of the day.
During our meetings I felt as
though our counterparts at the facility were being careful of what they were
disclosing and generally had the feeling that they were withholding information
from us. The packet that I had requested for a week prior was not completed
when we arrived and was done very poorly. In my opinion the packet was just a
pacifier, to have something to give to us but of little use to us. The inmates
had more information than we did.
XXXX
XXXX The officers’ fear of the Hawaii
inmates. Warden Sedillo’s administration pointed that out to us. An officer
admitted to bringing in marijuana to us because he was afraid of the Hawaii
inmates and traded drugs for protection.
XXXX We have identified approximately 100
plus inmates that represent approximately 20 percent of that facility’s Hawaii
inmate population.
The inmates at FCC do in fact
know that a bona fide prison "gang" or STG truly does exist. Some are
joining the USO family just to be protected by it. Other innocent non-members
are simply just getting beat on for no reason at all. All in all, the USO
family does exist and is creating great tension in the general population of
the facility and it is this tension that may explode into a full blown riot.
Inmates are afraid in FCC and, I have had more than one inmate come up to me
and request to return to Hawaii or to move to another facility just to get away
from the USO family.
At this point we know that
the USO family runs the facility. During an interview with inmate XXXX
we asked him what would happen if he wouldn’t intervene in some incidents. His
reply was simply, "they would bum this place down." With the control
that this STG has, I could not doubt his claims.
Suggestions: Some immediate suggestions to deal
with this STG:
-Training
The officers need to be trained better and exercise that training daily. I also believe that possibly a class in Hawaiian culture and "slangs" may be helpful. Give the officers more confidence by making them work in numbers, one pod or even one cell at a time. WEED OUT THE DIRTY OFFICERS
-Divide to Conquer
Dividing the STG group is feasible. Take away the predators from the population to run the facility harmoniously. Make an example of this group to make known that this type of activity will not be tolerated.
-Give the Warden some help
A team can be sent up to FCC to act as a liaison to the Warden and assist in carrying out the plan. Allow the Warden to run and direct the facility from the Warden’s desk and not the officers.
-Separate the predators
from the prey
Separation of custody levels needs to be enforced. The lower custody level inmates are getting "armed" into doing illicit activity by the STG.
-Movements
Need to be more restricted and controlled. Allowing the STG to cluster and congregate only gives them more power and authority. They have strength in numbers.
Conclusion: The monitoring team has identified FCC
as a hostile environment due to the presence of the STG USO family. This group
has grown quickly and to great numbers. Their power and control is getting
bigger and bigger. We need to actively take our role to dissipate this group
now. The State may be held liable in the future by actions done by this group.
Attachments: Attached you will find the following
that was collected by our monitoring team:
Attachment A—Summary
of the gang or STG activity prepared by FCC
Attachment B—Hierarchy of the
USO family leaders
Attachment C—List of Monikers
or gang names provided by FCC
Attachment D—List of Monikers
or gang names provided by inmate XXXX
Attachment E—Summary of the
workings of the USO family provided by inmate XXXX
Submitted
for your perusal and use.
By Sergeant Patrick K.
Kawai
Inter-Office
MEMORANDUM
DEPARTMENT
OF PUBLIC SAFETY
No.___________
Suspense:___________
May
6, 2001
TO: Ted Sakai, Director
Marian Tsuji, Dep-C
THROUGH: Wes Mun, CHCA
Christi Keliipio, CSBA
FROM: Robyn Kalahiki, CSA
SUBJECT: ARIZONA MONITORING
TRIP
1. Purpose
a. Contract compliance-No ACA
or NCCHC accreditation at this visit.
b. Preparedness for accreditation-No documentation available upon request per Warden Sedillo. NO Health Care Administrator available. Charge nurse unsure of progress regarding accreditation due to recent employment.
c. Solution-Warden Sedillo to fed-ex all available documentation regarding upcoming ACA accreditation within 1 (one) week of my return.
2. Patient Interviews
a. XXXX
b. XXXX
c. XXXX
d. XXXX
e. XXXX
3. Chart Reviews
a. XXXX
b. XXXX
c. XXXX
4. Critical Incidents during
April 2001
a. XXXX
b. XXXX
c. XXXX
d. XXXX
e. XXXX
f. XXXX
g. XXXX
5. XXXX
a. XXXX
b. XXXX
c. XXXX
d. XXXX
e. XXXX
6. Conclusion
Alarming number of serious assaults in a one-month period. Concern is raised when discuss personal patients refrain from voicing medical concern, and instead choose to safety issues. I was disappointed by the lack of readily available information regarding ACA/NCCHC accreditation.
7. Recommendations
a. Increased and much improved communication between FCC and FSD/HCAO related to injuries, incidents and follow-up care,
b. Appointment of a medical contact person to join the current FCC monitoring team to handle all incidents, and medical concerns. Currently the CHCA handles the approval of all off site service requests. These requests should include a copy of the actual incident documentation.
c. FCC to contact the leader of the monitoring team anytime an incident occurs, and the leader should contact the necessary discipline involved for information sharing as well as action planning.
d. Information sharing between team members to track trends, and make recommendations,
8. Conclusion
Thank you for this rare opportunity. I was not able to do as much as I had planned to do because of the obvious security risk, but I was able to accomplish several important items on my agenda. Again, I was alarmed by the number of critical assaults, and deaths that took place just before and right after we left. I was very disappointed with the lack of readily available information. I will submit an additional report once I review the documentation that I requested from Warden Sedillo.
Captain Martinez is an excellent contract monitor and took every precaution necessary to ensure the team’s safety, We were indeed in the middle of a hostile situation, but he along with Sgt. Kawai made every effort to help us do what we were sent to do. I found that information sharing between disciplines (ie: medical, residency, security, etc.) allowed our team to piece together many seemingly unrelated incidents.
Overall, a very productive and unforgettable experience. Again, thank you.
State of Hawaii
Department
of Public Safety
Arizona
Contract Monitoring Trip
Florence
Correctional Center
April
29-May 3, 2001
To: HCF Warden Nolan
Espinda
Via: Operations Captain
John Martinez
From: Gang
Intelligence/Investigation Sergeant Patrick Kawai
Subject: Follow-up report
of Florence Correctional Center (FCC) in retrospect to contract monitoring trip
Upon arrival at FCC Monday
April 30, 2001 approximately 0800 hours, Captain Martinez and myself met with Warden Pablo Sedillo to discuss the actions
that he and his staff were taking to address the known problem of the
identified Security Threat Group known as the "USO Family." Warden
Sedillo first stated that the facility was and has been on lockdown status
following the death of inmate Kia, John. He added that inmate XXXX
had been transferred to another Corrections Corporation of America (CCA)
facility. During the lockdown period his staff had conducted "sweeps"
of the facility at which time known players of the USO Family had been
separated from the general population and sent to the segregation unit.
Warden Sedillo stated that a
select team of CCA officials as well as a corrections solutions specialists
contracted by the CCA were en route to assist in addressing the STG problem at
FCC. Warden Sedillo and his staff were making a conscious decision to address
the STG problem. He requested some feed back as to what we would like to see
accomplished during this trip and any input we could give to resolve the STG
problem at FCC. Captain Martinez and myself offered suggestions
made known in our previous after action report of the FCC. Upon arrival it was
found that the CCA officials were their corporation’s peak officials and
experts on STGs.
It was determined that due to
the length of the lockdown period all Hawaii inmates should be addressed at
which time they will be told of their expectations. This was done by both
Hawaii and CCA officials, namely Captain Martinez and Warden Sedillo, to
express the combined efforts of halting the STGs activities. The inmates were
told that the lockdown would be lifted progressively where movements were going
to be more controlled. During the next days that followed many interviews and
assessments of the inmates and facility were made. Captain Martinez, Warden
Sedillo and myself worked closely as a team while the
CCA officials worked amongst themselves in small teams and we would meet to
brief each other of our findings.
Summarizing the week’s
activities, much of the suggestions made during the initial trip to FCC were
honored. The divide to conquer theory was initiated where "violent" USO
Family members were being segregated from population. From the numbers of this
group we identified many of the violent players who were segregated. However,
there were many members that were passive and involved in the group by intimidation.
This group was allowed to stay in population and will be monitored of any
illicit activity: The program monitor Gary Churich addressed the issue of
separating inmates by their custody levels. We expressed very clear and grave
concerns with this issue. Stressing the fact that we cannot combine the "predator
and the prey." The movements at the present time are restricted and in the
future are going to be monitored more closely giving FCC staff the ability to
identify where inmates are at any given time.
While at FCC Captain Martinez
and myself endorsed and taught a cultural diversity class to the staff and
officers of all watches on Wednesday May 2. 2001. I believe that the STG
problem at FCC has a lot to do with the misunderstandings and differences in
culture from the Hawaii inmates and staff at FCC. Hawaii inmates are using
these misunderstandings to promote conflicts with the rules. Stating
issues of religion and culture to sway officers from enforcing rules.
However, the tactics of some officers may be questionable. Many inmates have
expressed that they have been called "beach niggas" by staff. Warden
Sedillo was made aware of this term and stated that he did not know of this
term, and would not tolerate his staff using this term. Warden Sedillo is still
actively pursuing "dirty officers" hoping to prosecute anyone caught
with criminal charges.
In conclusion, Warden
Sedillo, his staff and, CCA officials are addressing the STG problem at FCC.
Providing a safe and humane environment for all inmates at FCC is the main
concern for him at this time.
Submitted for your
information,
By Sergeant Patrick K. Kawai
May 7, 2001
State of Hawaii
Department
of Public Safety
Arizona
and New Mexico monitoring trip
Florence
Correctional Center and Torrance County Detention Facility
June
4-8, 2001
To: Warden Nolan Espinda
Via: Operations Captain
John Martinez
From: Gang
Intelligence/Investigations Sergeant Patrick Kawai
Subject: Follow-up after
action report
Date: June 13, 2001
Florence Correctional
Center
On Monday, June 4, 2001 at
approximately 2200 hours, Captain Martinez, CM Cheryl Zembik, and myself arrived at Florence Correctional Center where a Captain
Goddard greeted us and notified his superiors. Captain Martinez made reference
to our initial trip and our late night tour of the facility and expressed that
we wanted to tour and get a "feel" of the facility. Captain Goddard
stated that he notified his warden of our arrival and the warden would be at
the facility shortly, however, we were welcomed to begin our tour of the
facility. As we breached the crash door to the main hall I observed fresh paint
and paintings on the walls. Paintings were of Hawaii scenic views and underwater
scenes giving the facility a homely feel. While on tour I observed minimal movement
in the facility and inmates were confined to their respective pods. However, I
counted at least six hall porters stripping the wax off the floors in
preparation to re-wax, this issue of inmates working at that late hour has been
brought up in the past. We continued into Delta pod and conversed with some
inmates. Shortly thereafter Warden Frank Luna arrived on the scene and introduced
himself to us.
After our introductions
Warden Luna proceeded to escort us through the facility and spoke of his intentions
for the facility. He continued to showcase the changes he implemented at the
facility; such changes were the relocation of the warehouse, new program rooms,
including a computer room, and chapel. In conclusion of the tour I was
impressed by Warden Luna’s sincere desire to eradicate past practices by Warden
Sedillo and improve on the communication between the State of Hawaii Department
of Public Safety and Corrections Corporation of America. Although the movement
of 41 known USO Family STG members was implemented it is believed that many
members are still at Florence Correctional Center. However, it was conveyed by
Warden Luna that no STG affiliation would be tolerated. He stated that
approximately 7 inmates identifying themselves with "808"
tattoos and markings on their identification cards were immediately placed in
segregation, enforcing their zero tolerance philosophy relating to STG
affiliation.
During the course of the next
day while going through the facility XXXX I admired the way that
Warden Luna handled his administrative staff and also the speed at which what
was requested for was delivered. Warden Luna addressed much of our concerns
however, while discussing our demands that inmates be segregated by custody levels, Warden Luna brought to our attention his desire to
put into effect the "Quay" system. Warden Luna has stated that this
system has been effective while implemented in past facilities that he was
employed at. This system supposedly separates and classifies inmates by their
behavior. This system needs to be evaluated by department staff to see if this
classification system is feasible for the Hawaii population in Florence. Warden
Luna has just arrived at Florence and is still implementing his administration
however; I have confidence that he will conduct business with the greatest
professionalism.
Torrance County Detention
Facility
On Thursday, June 7, 2001 at
approximately 1000 hours, our team arrived at Torrance County Detention
Facility and met with Warden Taylor, Assistant Warden Rhoades and Chief French.
Shortly thereafter, we proceeded to tour the facility visiting program areas
and the pod where the Hawaii population is housed. The facility appears to be
more established than Florence and our inmates are housed in a very secured unit. We then toured the recreation area at
which time I noticed and brought to the attention of Warden Taylor "USO Fam" monikers on the recreation walls. I expressed to
the Warden again the reason why the 41 inmates were there and suggested that
the monikers be removed from the walls. He agreed and stated that they would be
removed or covered over as soon as possible, He also added that his staff will
be directed to observe the recreation yards prior to the start of recreation
and observed once again upon completion of recreation. Any inmate identified as
tagging a wall will be charged accordingly and a packet will be generated on
that inmate. We then went to the pod where inmates XXXX to speak
with both inmates. XXXX
Submitted for your
information
By Sergeant Patrick Kawai
State of Hawaii
Department
of Public Safety
Contract
Audit Team
Captain
John Martinez
Sergeant
Patrick Kawai
CSW
Cheryl Zembeck
FLORENCE
CORRECTIONAL CENTER
June
4, 2001 - June 6, 2001
TORRANCE
COUNTY DETENTION CENTER
June
6, 2001 - June 8, 2001
After Action Report
I would like to emphasize at
the beginning of this report that the traveling involved for this assignment
detracted from the actual time needed in each facility to fulfill a more
complete audit of both facilities. However both Warden Frank Luna, of Florence
Correctional Center, Arizona, and Warden Ernest Taylor of Torrance County
Detention Center, New Mexico, led me to believe that they are both dedicated
individuals and both very involved in the actual monitoring of the Hawaii
inmates.
Both wardens impressed me
with their prior correctional experience and their direct knowledge of safety
and security and the private sector. During our visit, in-depth discussions
were held regarding the efforts CCA is making to make improvements. The Hawaii
based audit team are especially concerned with the current state of the prisons
due to the detection of what appeared to be Hawaii’s first bona fide prison
gang, the ‘USO’ family. (See April 30 - May 3, 2001 After
Action Reports)
XXXX
During this trip the
following issues were discussed:
Reporting
of major incidents.
1. During
transport of Forty (40) Hawaii inmates from Arizona to New Mexico on May 18,
2001/Approximately 1015 hours, PST
Upon being questioned by the
Hawaii contingency both FCC and TCDC failed to have conclusive details or
answers regarding the disturbance which occurred during the transport of Hawaii
inmates from FCC to TCDC. It appears there were two
FCC staff members assigned to the transport in addition to SORT members
from CCA’s Central Arizona Facility. Hawaii was afforded vague preliminary
reports of the incident to which chemicals were introduced to quell the
situation. Additionally Warden Luna asserts there was video capacity during the
transport, no video documentation is available for
Hawaii’s review. It appears details are vague at best. Additional inquires
regarding the entire transport are requested
Furthermore,
a) Why was Inmate XXXX
included in this transport? It appears he did not fit the requirements of an
STG.
b) Why was inmate XXXX
included in the transport? XXXX
(During our visit to TCDC,
inmate’s XXXX mother and wife requested to speak to us. Ms. XXXX
was adamant and very vocal regarding the safety and welfare of her son. She
also asserted she has a very reliable source at Halawa providing her with "inside"
information regarding the mainland. She questioned why is New Mexico approved
to house Hawaii inmates without a contract? She also questions why did Mr. Ted Sakai
blatantly approve for her son to be moved to New Mexico from Arizona with the
USOs, indicating Mr. Sakai is very aware of the problems her son faces from the
USOs? She asserts Mr. Sakai knowingly has compromised her son thus putting his
life in danger.)
2. Rec. Yard
Disturbance/April 11, 2001
During this incident
preliminary reports indicate two high ranking FCC officers were assaulted.
Inmate V. Oritz seriously injured. Twenty-three (23) inmates involved. XXXX
Again reports are vague and
no video documentation available for review. (Note: On our last trip to FCC,
Sgt. Kawai and myself witnessed two videocassettes of
the incident on Warden Sedillo’s desk. It was affirmed that a copy of the tapes
would be forwarded to department for review.)
3. Inmate John KIA
expires/April 26, 2001. Approximately 0145 hours.
XXXX
XXXX
4. Inmates are indicating FCC
is covering up chain of events leading, up to Iuali Amani’s death.
CCA must improve in this
area.
Reference: State of Hawaii
Agreement of Services
Date: July 13, 1998
24. Security and Control (a &
d)
25. Use of Force (d)
35. Discipline (Contractor)
36. Urinalysis Program
Health Care
A walk through of FCC’s
Health Care Section was conducted. Health Care Administrator Brenda indicated
the Health Care unit is grossly understaffed. She reported FCC did not have the
following medical personnel:
a. Eight (8) nurses
b. One (1) Medical Assistant
c. One (1) Psyche Worker
d. One (1) Pharmacist Technician
e. Two (2) Mental Health Clinical Specialists
f. One (1) Administrative Assistant
g. One (1) Medical Records Clerk
Warden Luna indicated he was
actively pursuing filling some of these positions.
Reference: State of Hawaii
Agreement of Services
Date: July 13, 1998
Relating to Health Care
49. General Provisions
50. Licensed Health Care
Staff
Programs
Hawaii inmates are still
complaining of the lack of programs offered at FCC. Sex Offenders are not
afforded treatment to fulfill HPA requirements. Warden Luna has indicated he
just hired a chaplain for religious programs. He has also created a hobby shop
for the Hawaii inmates. He has also instilled more recreation time as another
way of occupying inmate’s time. He has moved the building maintenance shop to
what he believes is a more secured location He is also working on changing the
logistics of the female rec. yard.
XXXX
Reference: State of Hawaii
Agreement of Services
Date: July 13, 1998
33. Religious Programs
40. Programs
Parole Hearing
While visiting New Mexico,
inmates stated they missed their IPA hearings.
Warden Taylor is currently
working on securing videoconference capabilities.
Reference: State of Hawaii
Agreement of Services
Date: July 13, 1998
43. inmate
Participation in Telephonic Hearings.
Classification
Hawaii inmates have complained
flat the classification process used by FCC is unfair and not reasonable.
Inmates who received minimum status here in Hawaii are now considered Close
Custody. Warden Luna has suggested the QUAY System as a classification process.
Reference: State of Hawaii
Agreement of Services
Date: July 13, 1998
37. Custody Re-classification
Urinalysis Program
FCC is not providing a random
UA program. Warden Luna has assured this will be incorporated ASAP.
Reference: State of Hawaii
Agreement of Services
Date: July 13, 1998
36. Urinalysis Program
Interviews:
Inmate XXXX writes
a letter to the department claiming to have been mistreated by members of the
transporting SORT team. I interviewed inmate XXXX. He continues
to claim that he was mistreated during the transport. He asserts that excessive
force was used and not warranted. He also asserts he did not meet the
requirements to have been transported to New Mexico. He is not a "gang
member."
Inmates XXXX
was interviewed.
He continues to claim his life is in danger. He fears an attack by the USOs is
inevitable.
Inmate XXXX feels
he is being targeted by Arizona because his mother made a compliant. He also
shared Halawa Administration is behind all this.
Inmate XXXX appears
to be a mental heft concern. He has been involved in two assaults recently.
Warden Luna and myself interviewed him regarding the
most recent assault. He was speaking "bubbles."
Inmate XXXX was
put into disciplinary segregation for alleged attempting to strike and
threatening an officer. Chemicals introduced by Sgt. XXXX Reports
are very vague. Inmate XXXX claims CO XXXX is out
of control and provoked the entire incident. Investigation tainted by
inaccurate statement by XXXX. Grievance filed by XXXX
unanswered.
Inmate XXXX suffered
a seizure. Officer XXXX takedown inmate XXXX.
Officer XXXX cuffs inmate while suffering a seizure. Again an
inmate states Officer XXXX out-of-control.
Inmate XXXX asserts
excessive force used by SORT officers.
Inmates report that inmate XXXX
was introduced to chemicals by Sgt. XXXX.
Inmate XXXX requested
clarification on Restricted Account. Inmates have no monies in spendable
account but need hygiene items. Requested exception made for these items.
Inmates claim alleged illicit
activities conducted by Officer XXXX. (Warden Luna informed.)
Conclusion
CCA must meet all contract
agreement terms.
The Hawaii audit team does
feel there has been improvement made by CCA. Warden Luna made emphasis on his
style of management being fair but firm. Feedback from most Hawaii inmates
regarding the state of the prison was positive (noting in particular the
presence of Warden Luna).
A better communication line
between FCC, TCDC and SOH must be considered a priority for success. Timeliness, Complete & Truthful reporting of major incidents
also critical.
It appears a few of FCC staff
members and CCA SORT members are conducting business in a less than
professional manner. These individuals should be addressed immediately.
Medical staffing issues are
urgent and must be addressed immediately.
Programs needs must be met.
Random UA’s required. SOH
must be kept formally informed.
It appears FCC should utilize
PSD’s classification process to stay consistent with Hawaii. Additionally
Hawaii inmates are accustomed and knowledgeable to this process.
Department consideration for
following inmate moves:
1. XXXX appeared
to have established enemies throughout the Hawaii population. Warden Luna feels
if released to general population it may create an unsafe environment. Either
he’ll get hurt or he’ll hurt someone.
2. XXXX should
be considered for movement back to Hawaii due to possible Mental Health issues.
3. XXXX should
be considered for movement. Safety and Welfare concerns.
4. XXXX cannot
be moved back to FCC. Rumor has it that the non USOs inmates will "hit"
him. Safety and Welfare concerns.
Submitted
for your perusal.
By Captain John Martinez
Arizona/New Mexico Contract
Audit Team