title-95•Title 95 W. Va. C.S.R.
Historical publisher filings: 9 final-file versions labelled Historical by the Secretary of State are included. They are earlier publisher editions, not verified current rules.
Jails And Prisons Standards Commission Jails And Prisons Standards Commission
Series 01 WV Minimum Standards For Construction, Operation, And Maintenance Of Jails
W. Va. Code R. § 95-1-1 General
1.1. Scope. This legislative rule establishes minimum standards and procedures for jail facilities in West Virginia. The standards as developed for construction, operation and maintenance of jail facilities only apply to jail facilities completed after April 5, 1988, but shall serve as guidelines for any jail facility in operation before that date.
1.2. Authority. W. Va. Code '31-20-9.
1.3. Filing date. March 27, 1996.
1.4. Effective date. June 3, 1996.
1.5. Repeal of former rule. This legislative rule repeals and replaces 95CSR1 "West Virginia Minimum Standards for Construction, Operation, and Maintenance of Jails" which was filed on March 28, 1995 and which became effective on March 28, 1995.
W. Va. Code R. § 95-1-2 Administration, Organization, And Management
2.1. Philosophy, goals and policies. A written statement shall be prepared by the authority having jurisdiction that describes the philosophy, goals and policies of the facilities under its control, and which is reviewed annually and updated as necessary. This statement shall be made available to staff, inmates and the general public.
2.2. Jail Administrator. The jail facility shall be managed by a single administrator to whom all employees or units of management are responsible.
2.3. Appointment. The jail facility administrator shall be appointed by the chief executive officer or governing board of the authority having jurisdiction.
2.4. Qualifications. The educational, operational and administrative qualifications of the jail facility administrator shall be stated in writing and include, at a minimum, a bachelor's degree and/or three years of experience and training at the supervisory level.
2.5. Term. The term of the jail facility administrator shall be continuous, except for assignment to a position of equal responsibility, and may be terminated by the appointing authority only for good cause, and if requested, subsequent to a formal and open hearing on specific charges.
2.6. Outside agencies. There shall be policy which is reviewed annually which specifies the roles and functions of employees of other agencies which provide a service to the jail facility.
2.7. Organization subunits. There shall be a written plan with an organization chart which describes the facility's organization structure and which groups similar functions, services and activities into administrative subunits. This plan shall be reviewed at least annually and updated as needed.
2.8. Operations manual. There shall be a written operations manual that delineates the procedures for operating and maintaining the jail facility. The operations manual shall be made available to employees, reviewed annually and updated as needed.
2.9. Legal assistance. Legal assistance shall be available to the administrator and other staff as needed in the performance of their duties.
2.10. Authority to release. When the facility is designated to operate any type of pretrial intervention service or other release program, its authority and responsibility is stated by statute or administrative regulation.
W. Va. Code R. § 95-1-3 Fiscal Management
3.1. Budgetary system. The budgetary system shall link operations and activities to the cost necessary for their support.
3.2. Fiscal system. The fiscal system shall account for all income and expenditures on an ongoing basis.
3.3. Accounting procedures. The methods used for collection, safeguarding and disbursement of monies shall comply with accounting procedures established by the appropriate jurisdiction.
3.4. Minimum policies. The jail facility shall have written policies and procedures approved by the parent agency that includes, at a minimum:
a. Internal controls;
b. Petty Cash procedures;
c. Bonding for all appropriate staff;
d. Signature control on checks;
e. Handling of inmate funds;
f. Employee expense reimbursement; and, g. Issuance or use of vouchers.
3.5. Audit. The jail facility or its parent agency's fiscal process shall include an external financial audit of the jail facility at time periods stipulated by applicable statutes and/or rules.
3.6. Inventory. There shall be inventory control of property, stores and other assets. The inventories shall be conducted at time periods stipulated by applicable statutes, however, they should not exceed every two (2) years.
3.7. Insurance coverage. Each jail facility shall maintain insurance coverage which includes, at a minimum: Worker's compensation, civil liability, liability for official vehicles, and a public employee blanket bond.
3.8. Personnel assessment. Budget policy and procedure shall provide for an annual assessment of presently assigned positions and future personnel needs required to meet jail facility objectives.
W. Va. Code R. § 95-1-4 Personnel
4.1. Selection, retention, and promotion. The selection, retention, and promotion of all personnel shall be on the basis of merit and specified qualifications.
4.2. Psychological testing. All jail facility personnel who have direct contact with inmates shall undergo psychological testing prior to their employment and when a justifiable need exists during their employment, to determine their suitability for appointment and retention. The testing shall include, but not necessarily be limited to, measurements of basic attitudes and tendencies toward honesty and against unprovoked acts of personal violence and shall be administered, scored and interpreted by, or under the supervision of, a licensed psychologist.
4.3. Affirmative action. Each jail facility shall maintain a program of affirmative action and equal employment opportunities.
4.4. Criminal record check. In accordance with state and federal statutes, a criminal records check and complete background investigation shall be conducted on all new employees to ascertain whether there are criminal convictions or other information in the applicant's background which have a specific relationship to job performance and their ability to perform.
4.5. Physical examination. A physical examination of all employees by a physician at the time of employment is required. The examination may not be used in violation of the requirements of federal legislation related to employment of disabled persons. Provision shall exist for reexamination of applicants or employees when indicated.
4.6. Probationary employees. There shall be a procedure governing probationary employment. New or promoted employees are appointed initially for a probationary period of one year. After successful completion of the initial probationary period, employees shall be granted permanent status.
4.7. Job classification. A job classification or post audit system shall exist which is linked to the salary and benefit compensation plan.
4.8. Personnel policy manual. There shall be a personnel policy manual. A copy of this manual shall be available to each employee for examination and review during employee orientations. A signed statement shall be obtained from each employee, to be kept in their personnel files, certifying their understanding of the manual and its contents. The manual shall include, at a minimum, the following areas:
a. Organization structure;
b. Recruitment and selection procedures;
c. Equal employment opportunity provisions;
d. Job qualifications, descriptions and responsibilities;
e. Job classification plan;
f. Wage and benefit plan;
g. Holidays, leave and work hours;
h. Policies and procedures related to personnel records;
i. Performance evaluation procedures;
j. Promotion, retirement, resignation, layoff and termination procedures;
k. Employee/management relations;
l. Physical fitness policy;
m. Disciplinary procedures;
n. Grievance and appeal procedures; and, o. Insurance and professional liability provisions.
4.9. Conflict of interest. Employees shall not use their official position to secure privileges for themselves or others or engage in activities that constitute a conflict of interest.
4.10. Disciplinary investigations. A staff person charged with alleged maltreatment of an inmate shall not work directly with any inmate until and investigation is completed.
4.11. Disciplinary actions. Disciplinary actions against employees shall be consistent with Division of Personnel policies and in accordance with chapter twenty-nine of the code; disciplinary actions shall be subject to the policies and procedures of the Education and State Employees Grievance Board created by W. Va. Code '29-6a-5.
4.12. Annual evaluation. A written performance evaluation of all employees, based on defined criteria related to job performance shall be provided at least annually. The evaluation criteria shall bear a direct relationship to the skills, knowledge areas, aptitudes and personal characteristics defined in the job description. Employees shall review and discuss the performance evaluation with the person who completes it. If an employee disagrees with the evaluation, they shall have an opportunity to express their opinions in writing; their statements shall be included in their personnel file.
4.13. Transfer, assignment and selection. Procedures shall provide for the transfer, assignment and selection of employees on the basis of facility need and the ability of the employee to perform the job.
4.14. Emergency Medical Technician. There shall be at least one medically trained employee of at least emergency medical technician licensure, available at all times on each shift. (See section 14.13 of this rule also)
4.15. Provisional appointments. Resources shall provide for provisional appointments and/or reserve correctional officers to ensure the availability of trained personnel for short-term, full-time or part-time work in special or emergency situations.
4.16. Personnel records. The jail facility administrator or the parent agency shall maintain a current, accurate and confidential personnel record for each employee.
4.17. Record confidentiality. Written policy and procedure shall provide for the confidentiality of the personnel record and restrict its availability to the employee who is the subject of the record, to administrators and supervisors directly responsible for the employee, and to other personnel who need the information for the performance of their duties.
4.18. Record correction. Provisions shall be available to any employee to challenge information in their personnel files and shall include a process for correction or removal of inaccuracies.
W. Va. Code R. § 95-1-5 Training And Staff Development
5.1. Program supervision. The training program of each jail facility for all employees shall be specifically planned, coordinated, and supervised by a qualified employee at a supervisory level; in jail facilities of over one hundred (100) employees, this person shall be employed full time for this purpose.
5.2. Supervisory training. The individual coordinating the training and staff development program shall receive specialized training for that position.
5.3. Training curriculum. A training curriculum shall be developed, evaluated, and updated based on an annual assessment that identifies current job-related training needs. The Regional Jail and Correctional Facility Authority is the approving agency.
5.4. Trainer certification. Any individual providing pre-service, in-service, or basic training for correctional staff shall be certified as a correctional trainer by the Regional Jail and Correctional Facility Authority.
5.5. Outside resources. The training and staff development program shall use the resources of other public and private agencies, private industry, colleges, libraries and reference services to complement the program.
5.6. Budget. The budget shall include funds for compensating staff for additional time spent in training, or for replacement personnel required when regular personnel are off duty for training purposes.
5.7. New clerical/support employees. All new clerical/support employees who have minimal inmate contact shall receive at least forty (40) hours of orientation and approved training during their first year of employment. Twenty-four (24) of these hours shall be completed prior to being independently assigned to a particular job. All persons in this category shall be given at least an additional eight (8) hours of training during each subsequent year of employment. The Regional Jail and Correctional Facility Authority is the approving agency.
5.8. New clerical/support employees. All new clerical/support employees who have regular daily inmate contact shall receive at least forty (40) hours of orientation and approved training during their first year of employment. Twenty-four (24) of these hours shall be completed prior to being independently assigned to a particular job. They shall be given at least an additional sixteen (16) hours of training each subsequent year of employment. The Regional Jail and Correctional Facility Authority is the approving agency. At a minimum, this training shall cover the following areas:
a. Security procedures and regulations;
b. Rights and responsibilities of inmates;
c. All emergency procedures;
d. Interpersonal relations;
e. Communication skills; and, f. First aid.
5.9. New correctional officers. All new correctional officer personnel shall receive at least one hundred twenty (120) hours of approved orientation and training during their first year of employment. The Regional Jail and Correctional Facility Authority is the approving agency. Forty (40) of these hours shall be completed prior to being independently assigned to a particular post. All persons in this category shall be given an additional forty (40) hours of training each year thereafter. At a minimum, this training shall cover the following areas:
a. Security and search procedures;
b. Use of force regulations and tactics;
c. Supervision of inmates;
d. Report writing;
e. Inmate and staff rules and regulations;
f. Rights and responsibilities of inmates;
g. All emergency procedures;
h. Interpersonal relationships;
i. Social/cultural life style of the inmate population;
j. Communication skills; and, k. First aid.
5.10. Administrative and managerial staff. The jail facility's administrative and managerial staff shall receive at least forty (40) hours of orientation if they are new to the jail facility and at least eight (8) hours of management training each year thereafter. This training shall cover, at a minimum, the following:
a. General management and related subjects;
b. Decision making processes;
c. Labor law, employee/management relations;
d. The interaction of elements of the criminal justice system; and, e. Relationships with other service agencies.
5.11. Emergency Response Unit. When there is an emergency response unit, all officers assigned to that unit shall receive forty (40) hours of training relative to the unit's purpose and function prior to their assignment.
5.12. Weaponry and chemical agents. All personnel authorized to use firearms or chemical agents shall be trained in weaponry and the use of chemical agents on a continuing, in-service basis, and are required to qualify annually.
5.13. Security personnel. All security personnel shall be trained in approved methods of self-defense and the use of force, including passive restraint, to control inmates.
5.14. Continuing education. The jail facility administration shall encourage employees to continue their education and provide reimbursement to employees attending professional meetings, seminars and similar work-related activities as approved by the administrator.
W. Va. Code R. § 95-1-6 Management Information and Research
6.1. System of information. The facility shall contribute to, have access to, and use an organized system of information storage and retrieval relative to both inmate and operational needs.
6.2. Security. Policies and procedures shall govern the security of the information and data collection system, including certification, access to data, and protection of the privacy of all inmates under the jurisdiction of the agency.
6.3. Collaboration. The facility, or its parent agency, shall collaborate with criminal justice and service agencies in information gathering, exchanges and standardization.
6.4. Inmate population accounting. There shall be an inmate population accounting system which includes records on the admission, processing and release of inmates.
6.5. Annual evaluation. There shall be at least annual evaluations of jail facility programs and services to determine progress toward achieving previously identified objectives.
6.6. Research. Written policy and procedure governing the conduct of research shall comply with state and federal guidelines for the use and dissemination of research findings and with accepted professional scientific ethics.
6.7. Inmate participation. Written policy and procedure shall govern voluntary inmate participation in non-medical, non-pharmaceutical and non-cosmetic research.
W. Va. Code R. § 95-1-7 Inmate Records
7.1. Booking. Inmate booking information shall be recorded for every person admitted to the facility and include at least the following data, unless prohibited by law:
a. Fingerprints;
b. Photograph;
c. Booking number;
d. Name and aliases of person;
e. Current address (or last known address);
f. Date, duration of confinement, and copy of court order or other legal basis for commitment;
g. Name, title and signature of delivering officer and arresting officer;
h. Specific charge(s);
i. Sex;
j. Age;
k. Date of birth;
l. Place of birth;
m. Race;
n. Present or last place of employment;
o. Health status, including any current medical or mental health needs;
p. Emergency contact (name, relationship, address and phone number);
q. Telephone calls made by the inmate at time of admission;
r. Driver's license and social security numbers;
s. Notation of case and all property; and t. Additional information concerning special custody requirements, service needs, or other identifying information such as birthmarks or tattoos.
7.2. Case record management. Case record management shall include, but is not limited to, the establishment, utilization, content, privacy, security and preservation of records, and a schedule for the retirement or destruction of inactive case records. These procedures shall be reviewed annually.
7.3. Custody records. The facility shall maintain custody records on all inmates committed or assigned to the facility, that contain, but are not limited to, the following:
7.4. Format. The contents of inmate records shall be identified and separated according to an established format.
7.5. Case records. A current and accurate classification or case record shall be maintained for each inmate committed to or housed in the facility. Procedures shall be established to safeguard legally privileged or confidential information. The records shall contain, at a minimum, the following:
a. Classification and reclassification decisions;
b. Reports of disciplinary actions, grievances, incidents and crimes committed while in custody;
c. Medical and mental health information relevant to the classification; and, d. Information on work or study release when applicable.
7.6. Identification system. The jail facility shall maintain a system which identifies all inmates in custody and their actual physical location.
7.7. Access to records. Those persons within the jail facility and other authorized persons who have direct access to inmate classification or case records shall be defined.
7.8. Release of information. The administration shall use a consent form which complies with applicable federal and state regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information, as required by statute or regulation, and a copy of the form shall be maintained in the inmate's case record.
W. Va. Code R. § 95-1-8 Physical Plant
8.1. General. All new jail facilities shall be designed, constructed, maintained and operated in accordance with the rules promulgated by the State Fire Commission in State Fire Code 87CSR1. All existing jail facilities must comply with the provisions of State Fire Code 87CSR1.
8.2. Safety of occupants. Because the safety of all occupants in all detention and correctional facilities cannot be adequately assured solely by a dependence upon evacuation from the building, their protection from fire shall be provided by appropriate arrangement of facilities, an adequately trained staff, and careful development of operating, security, and maintenance procedures to include the following:
a. Proper design, construction and compartmentalization;
b. Provisions for fire detection, alarms and extinguishment;
c. Fire prevention programs which include planning, training, and drills covering such protective activities as: Isolation of the fire; transfer of occupants to areas of refuge; and evacuation of the facility or measures for in-place protection of the occupants; and, d. Security provisions to the degree necessary to provide for the safety of both the occupants of the facility and the general public.
8.3. State Fire Marshal review. Plans and specifications for all new jail facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
8.4. State Fire Marshal certificate. No facility shall be occupied until a certificate of occupancy is issued by the State Fire Marshal's office.
8.5. Activity areas. All activity areas shall have sufficient air circulation (at least ten (10) cubic feet of outside or filtered air per minute per occupant), lighting and sanitary facilities. These areas include multipurpose rooms, recreation areas for inmates, or work areas for staff. Temperatures shall be maintained appropriate to the summer and winter comfort zones with consideration for the activity performed.
8.6. Inmate booking and release area. The inmate booking and release area shall be located inside the security perimeter, but outside inmate living quarters, and have the following facilities:
a. Booking area;
b. Security vestibule or sally port;
c. Access to drinking water;
d. Shower facilities;
e. Secure storage for inmate's personal property;
f. Telephone facilities;
g. Private interview space(s);
h. Temporary holding rooms with sufficient fixed seating for all inmates at its rated capacity; and, i. Operable toilets and wash basins.
8.7. Double Bunking of Inmates. Double bunking of inmates is permitted to the extent that the practice does not violate federal law or standards.
8.8. Floor space. All single rooms or cells in detention facilities shall have at least seventy (70) square feet of floor space.
8.9. Environment. All rooms or cells shall have access to the following facilities and/or conditions;
a. A toilet above floor level which is available for use without staff assistance twenty-four (24) hours a day;
b. A wash basin and drinking water;
c. Hot and cold running water;
d. A bed above floor level, a desk or writing surface, a clothes hook or closet space, and appropriate seating;
e. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming areas. (In additions to existing jail facilities and in new jail facilities, the lighting shall be both inmate and centrally controlled);
f. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;
g. Temperatures appropriate to the summer and winter comfort zones;
h. Noise levels not exceeding seventy (70) decibels in daytime and forty-five (45) decibels at night; and, i. Natural lighting.
8.10. Multiple occupancy. Where used, multiple occupancy rooms shall house no more than fifty (50) inmates each. Inmates shall be screened prior to admission to determine their suitability to group living. Multiple occupancy rooms shall provide for the following:
a. Continuous observation by staff;
b. A minimum floor area of fifty (50) square feet per occupant in the sleeping area and a clear floor to ceiling height of not less than eight (8) feet;
c. Toilet and shower facilities with a minimum of one operable toilet and one shower for every eight (8) occupants;
d. One operable wash basin with hot and cold running water for every six (6) occupants;
e. Natural lighting;
f. Beds above floor level, a desk or writing surface, appropriate seating;
g. A locker for each occupant;
h. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;
i. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;
j. Temperatures appropriate to the summer and winter comfort zones; and, k. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.
8.11. Segregation rooms. Segregation rooms shall provide living conditions which approximate those of the general inmate population. Any exceptions shall be clearly documented. Segregation housing units shall provide for the following:
a. Single occupancy rooms or cells with a floor area of at least seventy (70) square feet;
b. A bed above floor level, a desk or writing space and appropriate seating;
c. Continuous access to toilet facilities above the floor level;
d. Hot and cold running water;
e. Natural light;
f. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;
g. Air circulation of at least ten (10) feet of outside or recirculated, filtered air per minute per occupant;
h. Temperatures appropriate to the summer and winter comfort zones; and, i. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.
8.12. Communication. A room used for segregation shall permit inmates assigned to it to communicate with staff and have a door which permits observation by staff.
8.13. Continuous staff observation. When seriously ill, mentally disordered, injured or non-ambulatory inmates are held in the facility, there shall be at least one single-occupancy cell or room for them which provides for continuous staff observation.
8.14. Sleeping quarters. When both males and females are housed in the same facility, they shall be provided separate sleeping quarters which are separated visually and acoustically.
8.15. Perimeter security. The security perimeter shall be secured in a manner which provides that inmates remain within the perimeter and that access by the general public is denied without proper authorization.
8.16. Storage security. Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment and the equipment shall be located in an area which is readily accessible to authorized persons only.
8.17. Security Vestibules/Sally ports. There shall be security vestibules or sally ports between inmate areas and areas accessible to the public.
8.18. Day room. There shall be a separate day room or leisure time space for each cell block or detention room cluster, with space equivalent to a minimum of thirty-five (35) square feet per inmate.
8.19. Exercise areas. Space outside the cell or room shall be provided for inmate exercise. Indoor and outdoor exercise areas shall be secure and available to all inmates. Outdoor areas shall have adequate space and equipment to permit regular outdoor sports activities. For jail facilities with bed capacity of more than one hundred (100) inmates, this area shall be increased in proportion to the inmate population and shall provide adequate opportunity for exercise. Indoor exercise programs may be conducted in a multipurpose room or day room: Provided, that the space is available and the location is acceptable. Indoor space shall be an area in which lighting, temperature and ventilation is artificially controlled.
8.20. Kitchen. When the jail facility provides food service, the kitchen shall have a minimum of two hundred (200) square feet of floor space.
8.21. Employee space. Consistent with the size of the facility, space shall be provided for administrative, professional and clerical staff, including conference rooms, an employee lounge, a storage room for records, a public lobby and toilet facilities.
8.22. Multipurpose room. There shall be at least one multipurpose room available for inmate activities such as religious services, education programs, or visiting.
8.23. Janitor closet. A room or closet equipped with a sink shall be provided for the storage of cleaning supplies and equipment.
8.24. Storage space. Storage space shall be provided for clothing, bedding and facility supplies.
8.25. Storage of personal property. Space shall be provided for the secure storage of inmates' personal property.
8.26. Maintenance and repairs. There shall be a written plan for preventive maintenance of the physical plant with provisions for emergency repairs or replacement of equipment. This plan shall be reviewed annually and updated if needed.
8.27. Accessibility. A new jail facility shall be geographically accessible to criminal justice agencies, community agencies and inmates' lawyers, families and friends.
8.28. Layout. The jail facility shall be designed and constructed so that inmates can be separated according to existing laws and regulations, or according to the facility's classification.
8.29. Disabled inmates. Disabled inmates shall be housed in a manner which provides for their safety and security. Cells or housing units used by them shall be designed in accordance with the American National Standards Institute (ANSI) Standard A117, and provide the maximum possible integration with the general population. Appropriate institutional programs and activities shall be accessible to disabled inmates confined in the jail facility.
8.30. Disabled visitors. All parts of the facility which are accessible to the public shall be accessible to and usable by disabled persons.
W. Va. Code R. § 95-1-9 Safety and Emergency Procedures
9.1. Policies and procedures. Written policies and procedures shall be adopted which specify the jail facility's fire prevention regulations and practices. For purposes of clarification and identification these procedures and standards of fire prevention are divided into two (2) classifications:
a. General requirements applicable to all occupancies covered by the State Fire Code; and, b. Specific detention and correctional occupancies.
9.2. General requirements. The following includes the general requirements applicable to all occupancies covered by the State Fire Code.
9.2.1. Construction, repair and improvement operations. Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, ladders or other approved means or devices arranged in accordance with the general principles of the State Fire Code insofar as they can reasonably be applied to buildings under construction. Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building of normally low or ordinary hazard classification while the building is occupied only if the conditions of use and safeguards provided are such as not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.
9.2.2. Reliability of means of egress. Every required exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.
9.2.3. Furnishings and decorations. Furnishings and decorations in the means of egress are subject to the following:
a. No furnishings, decorations, or other objects shall be so placed as to obstruct exits, access thereto, egress therefrom, or visibility thereof;
b. Hangings or draperies shall not be placed over exit doors or conceal or obscure any exit. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit; and, c. There shall be no obstruction by railing, barriers, or gates that divide the open space into sections appurtenant to individual rooms, apartments, or other uses. Where the jail facility administrator having jurisdiction finds the required path of travel to be obstructed by furniture or other movable objects, he or she may require that railings or other permanent barriers be installed to protect the path of travel against encroachment.
9.2.4. Equipment maintenance and testing. Equipment maintenance and testing shall include the following:
a. Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door, and other item of equipment required by this rule shall be continuously maintained in proper operating condition;
b. Any equipment requiring testing or periodic operation to assure its maintenance shall be tested or operated as specified elsewhere in this rule or as directed by the authority having jurisdiction;
c. Systems shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and who has general charge of all alterations and additions;
d. Systems shall be tested at intervals recommended by the appropriate section of State Fire Code 87CSR1;
e. All automatic sprinkler systems required by State Fire Code 87CSR1 shall be continuously maintained in operating condition at all times, and such periodic inspections, tests and maintenance shall be conducted as is necessary to assure proper operation; and, f. Fire alarm signaling and detection equipment shall be restored to service as promptly as possible after each test or alarm and shall be kept in normal condition for operation.
9.2.5. Furnishings, decorations and treated finishes. Furnishings, decorations and treated finishes are subject to the following:
a. Draperies, curtains and other similar furnishings and decorations shall be flame resistant where required by the applicable provisions of State Fire Code 87CSR1. The materials required in this section are to be tested in accordance with Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA701 and shall comply with both the small and large-scale tests;
b. Furnishings or decorations of an explosive or highly flammable character shall not be used; and, c. Fire retardant paints or solutions shall be renewed at such intervals as necessary to maintain the necessary flame retardant properties.
9.2.6. Fire Exit Drills. Fire drills are subject to the following requirements:
a. Fire exit drills conforming to the provisions of State Fire Code 87CSR1 shall be regularly conducted in occupancies where specified by that rule;
b. Fire exit drills, where required by the authority having jurisdiction, shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine;
c. Responsibility for the planning and conduct of drills shall be assigned only to competent persons qualified to exercise leadership;
d. In the conduct of drills, emphasis shall be placed upon orderly evacuation under proper discipline rather than upon speed;
e. Drills shall include suitable procedures to make sure all persons in the building, or all persons subject to the drill, actually participate; and, f. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions prevalent in case of fire.
9.3. Detention and correctional occupancies. The following includes those requirements specifically directed to detention and correctional occupancies.
9.3.1. Attendants, evacuation plan, fire exit drills. Attendants, evacuation plan, and fire exit drills shall include the following:
a. Detention and correctional facilities, or those portions of facilities having such occupancy, must be provided with twenty-four (24) hour staffing on any floor level having residency and located within one hundred (100) feet (30.48m) of the access to any housing area. Under Use Conditions III, IV and V, as defined in State Fire Code 87CSR1 for classification of correctional occupancies, audio monitoring shall be provided for every sleeping space;
b. The jail facility administrator of every detention and correctional facility shall have in effect and provide to all supervisory personnel, written copies of a plan for protection of all persons in the area in event of fire and for their evacuation to areas of refuge and from the building where necessary. All employees shall be periodically instructed and kept informed of their duties under the plan;
c. Books, clothing and other combustible personal property allowed in sleeping rooms shall be stored in closeable metal lockers or fire resistant containers; and, d. The number of heat producing appliances (such as toasters, hot plates, etc.) and the overall use of electrical power within a sleeping room will be controlled by the jail facility administration.
9.3.2. Furnishings and decorations. Furnishings and decorations are subject to the following requirements:
a. Furnishings and decorations in detention and correctional occupancies shall be in accordance with State Fire Code 87CSR1;
b. Combustible decorations are prohibited in any detention or correctional occupancy unless flame retardant;
c. Wastebaskets and other waste containers shall be of noncombustible or other approved materials;
d. Furnishings, such as mattresses and upholstered or cushioned furniture shall not be of a highly flammable character; and, e. Window draperies, curtains for decoration or acoustical purposes and privacy curtains shall be non-combustible or rendered and maintained flame resistant as per Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA701.
9.3.3. Keys. All keys necessary for unlocking doors installed in means of egress shall be individually identified by both touch and sight.
9.3.4. Storage of flammable, toxic and caustic material. Written policy and procedures shall govern the storage and use of all flammable, toxic, and caustic materials which ensure that inmates are never in possession of items such as lye, insecticide, anti-freeze and denatured alcohol, unless they are under constant supervision by qualified personnel. Such material shall be stored in secure areas which are inaccessible to inmates; a prescribed system shall be used to account for their distribution.
9.3.5. Fire and safety officer. A staff member with appropriate training shall be appointed as Fire and Safety Officer. This officer is responsible for monthly inspection of the facility, development of Standing and Emergency Operating Procedures relating to fire safety and for staff training in fire safety.
9.3.6. Inspection. Each facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
W. Va. Code R. § 95-1-10 Sanitation and Hygiene
10.1. Responsibility. Jail facility authorities shall maintain the facility in a condition that is clean, healthful and sanitary and which conforms to all applicable health laws and rules. The use and possession of tobacco, tobacco products and tobacco-like products shall be prohibited in all jail facilities and all facilities jointly operated by the Regional Jail & Correctional Facility Authority and the Division of Corrections.
10.2. Maintenance. Jail facility authorities shall develop and implement a plan for the maintenance of all areas of the jail facility at an acceptable level of cleanliness and sanitation. The plan shall provide for a regular schedule of housekeeping tasks and inspections which shall include, but not be limited to, the following:
a. The daily cleaning of toilets, sinks and showers;
b. The daily cleaning of floors;
c. The emptying and cleaning of receptacles provided for refuse each day and provision for adequate trash removal;
d. The scrubbing and rinsing of each living unit, washing of windows, cleaning of janitors' closets, and dusting of bars, screens and ledges on a regular basis;
e. The contracting of extermination services to be performed with sufficient frequency and thoroughness to keep the jail facility free from insects and vermin. Services shall include, at a minimum, monthly inspections by a qualified person; and, f. The cleaning and sanitary maintenance of all kitchen areas and all kitchen equipment.
10.3. Inspections. There shall be regular sanitation inspections of all jail facility areas by a designated staff member; at least annual inspections by federal, state and/or local sanitation and health officials, or other qualified person(s); and, compliance with all applicable laws and rules of the governing jurisdiction.
10.4. Water supply. The water supply and plumbing fixtures shall meet all applicable codes and be maintained in operable and sanitary condition. Water samples from both drinking and waste water shall be tested periodically to ensure that the jail facility's water meets all applicable laws. The facility shall provide hot and cold running water.
10.5. Cleaning equipment. Inmates shall be provided sufficient cleaning equipment to maintain their cells in a clean condition.
10.6. Floors. Jail facility floors shall be kept clean, dry, and free of hazardous substances. Floors shall be inspected regularly throughout the day for cleanliness. Particular attention should be given to potentially hazardous areas, such as showers, kitchens, detoxification rooms, boiler and furnace rooms.
10.7. Personal hygiene items. The jail facility shall provide each inmate, as part of the admission process, and thereafter as necessary, an adequate supply of soap, toothpaste, toilet paper, toothbrushes, combs, and feminine hygiene supplies. Timely access to shaving equipment shall also be provided.
10.8. Facility clothing. Clean, suitable, and presentable clothing shall be available to all inmates at all times. It is essential that inmates be provided clothing that is properly fitted, climatically suitable, durable, economical, easily laundered and repaired, and presentable to the extent that they do not provide such clothing themselves. Outer wear shall be available for recreation and work assignments.
10.9. Special clothing. Inmates shall be issued special, and where appropriate, protective clothing and equipment when participating in special work assignments. The clothing shall be available in quantities which permit exchange as frequently as the work assignment requires.
10.10. Bedding. Each inmate shall be provided with one clean, fire retardant mattress, two (2) clean sheets, a clean pillow and clean pillow case. Worn bedding and linen which are unfit for further use shall not be issued. Clean blankets shall be provided in a number appropriate to the season.
10.11. Towels. Each inmate shall be provided a clean towel and washcloth at least three (3) times a week.
10.12. Laundry of bedding. Laundry services shall be sufficient to permit the regular exchange of sheets and pillowcases at least weekly. Mattresses shall be cleaned or replaced as appropriate.
10.13. Laundry of clothing. Clean undergarments shall be provided daily and outer garments every other day, or as appropriate.
10.14. Recording. The issuance of all clothing and bedding shall be recorded to provide accountability for their use. Inmate accountability for clothing and bedding shall be specified in the Handbook of Inmate Rules and Conduct.
10.15. Supply. The clothing, linen, and bedding supply shall exceed that required for the maximum inmate population. This excess will allow for the replacement of items that are lost, destroyed or worn out.
10.16. Cleaning and storage of personal clothing. There shall be provision for cleaning and storage of inmate personal clothing. Prior to storage, inmate clothing shall be cleaned and/or disinfected to prevent the accumulation of odors and vermin.
10.17. Court appearance. Whenever the court so directs, inmates shall be permitted to wear personal clothing during court appearances.
10.18. Removal of linen and bedding. Linen and bedding shall be removed from an inmate's bed only under extreme circumstances such as to protect the inmate from self-injury. An action to remove linen or bedding shall be reviewed daily by the supervisor and the deprivation ended as soon as practical. A record shall be kept of all such actions taken.
10.19. Showers. There shall be sufficient facilities in the housing areas to permit inmates to shower or bathe upon admission to the facility and daily thereafter.
10.20. Water temperatures. Water temperatures for showers or bathing shall be thermostatically controlled to ensure the safety of inmates.
10.21. Access to water. Inmates shall have continuous access to a washstand with running hot and cold water.
10.22. Hair care. Hair care services and facilities shall be available to inmates. Hair shall be cut under sanitary conditions. The area used for hair care shall be located to permit observation by staff. Equipment shall be stored securely when not in use.
W. Va. Code R. § 95-1-11 Security and Control
11.1. Manual. Written policies and procedures for security and control, including procedures for emergencies, shall be contained in a manual which is available to all staff and is reviewed annually and updated as needed.
11.2. Control center. The jail facility shall maintain a control center.
11.3. Communication system. The jail facility shall have a communication system between the control center and the inmate living areas.
11.4. Alarm system. The jail facility shall have an emergency alarm system that is linked to the control center; signal devices shall be located throughout the facility.
11.5. Secure perimeter. All security perimeter entrances, control center doors and cell block doors which open into a corridor shall be kept locked except when in use for admission or exit of employees, inmates or visitors or during emergency conditions.
11.6. Electronic surveillance. When audio or visual electronic surveillance is used, it shall be located primarily in hallways, elevators, corridors or at points on the security perimeter, such as entrances and exits.
11.7. Immediate assistance. No staff member shall enter a high security cell block without the availability of immediate assistance from another staff member.
11.8. Inmate movement. Jail facility staff shall regulate inmate movement.
11.9. Personal interaction. Written policies and procedures shall facilitate personal contact and interaction between staff and inmates. Supervision of inmates shall be conducted by staff of the same sex whenever procedures require physical contact, examination or monitoring of personal hygiene activities.
11.10. Staffing. The jail facility shall have the staff needed to provide full coverage of designated security posts, full surveillance of inmates, and to perform all ancillary functions.
11.11. Emergency response. Correctional officers shall be located in or immediately adjacent to inmate living areas to permit officers to hear and respond promptly to emergency situations.
11.12. Observation. Written policies and procedures shall require that all high and medium security inmates shall be personally observed by a correctional officer at least every thirty (30) minutes, but on an irregular schedule. A schedule of observation at least every fifteen (15) minutes shall be required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior.
11.13. Daily record. The jail facility administration shall maintain a written daily record of the following:
a. Personnel on duty;
b. Inmate population count;
c. Admissions and release of inmates;
d. Shift activities;
e. Entry and exit of physicians, attorneys and other visitors; and, f. Unusual occurrences.
11.14. Daily inspections. Designated staff shall visit and inspect every area of the facility daily, including holidays and weekends, and report their findings in writing to designated officials with recommendations for action or with notations of action taken.
11.15. Weekly inspections. The jail facility administrator or his or her designee shall inspect all security facilities and devices at least weekly and initiate corrective action if needed.
11.16. Searches. Written policies and procedures shall provide for searches of facilities and inmates to control contraband and provide for its disposition and to develop recommendations for corrective action. Procedures shall provide that:
a. Manual or instrument inspection of inmate body cavities is conducted only when there is reason to do so and when authorized by the jail facility administrator or his or her designee;
b. Visual inspections are conducted only when there is a reasonable belief that the inmate is carrying contraband or other prohibited material;
c. Strip searches are done without specific authorization only upon entry to the facility and at all other times are based on articulated suspicion; and, d. All such inspections are conducted in privacy and manual or instrumental inspection of body cavities is done by medically trained personnel or correctional personnel trained by health care personnel.
11.17. Preservation of evidence. The procedures governing searches shall require the preservation of evidence when a new crime is suspected. Searches shall be authorized only by the administrator or his or her designee.
11.18. Search policy published. The jail facility's policy regarding searches for the control of contraband shall be published, made available to both staff and inmates, reviewed at least annually and updated if necessary.
11.19. Control of security equipment. Written policies and procedures shall govern the availability, control and use of firearms, ammunition, chemical agents, "stun guns", and related security devices, and require that sufficient security equipment is available to meet the jail facility's needs.
11.20. Storage of security equipment. The procedures shall provide that security equipment is stored in a secure but readily accessible depository located outside inmate housing and activity areas, and is inventoried at least monthly to determine condition and expiration dates, if any there be.
11.21. Use of weapons. Written policies and procedures shall be established regarding the use of weapons, and shall include federal and state requirements, weapons security, weapons instructions and inspections, use of deadly force, and other appropriate actions to be taken regarding life threatening situations. The policies and procedures shall include the following requirements:
a. Weapons are subject to stringent safety regulations and inspections;
b. The secure weapons locker is located outside the security perimeter of the facility;
c. Only during emergency situations are firearms and weapons, such as nightsticks or gas guns, permitted in areas to which inmates have access. At all other times, such weapons are maintained in areas to which inmates do not have access;
d. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee has reason to believe that a person's life is immediately threatened; and, e. Employees on duty only use firearms or other security equipment which have been issued through the jail facility and only when directed by or authorized by the jail facility administrator or his or her designee.
11.22. Written record. Each jail facility shall maintain a written record of both routine and emergency distribution of security equipment.
11.23. Written reports. Any employee who discharges a firearm, uses chemical agents or any other weapons, or uses force to control any inmate shall submit a written report to the jail facility administrator or his or her designee no later than the conclusion of his or her tour of duty.
11.24. Injuries. All persons injured in an incident shall receive an immediate medical examination and treatment, if required.
11.25. Incident reports. Written policies and procedures shall require prompt oral and written reporting of all incidents that result in physical harm to, or which threaten the safety of, any person in the facility, or which threaten the security of the facility.
11.26. Keys. Written policies and procedures shall govern the control and use of keys.
11.27. Tools. Written policies and procedures shall govern the control and use of tools, culinary and medical equipment.
11.28. Correctional/Security posts. There shall be written orders for every correctional/security post which are reviewed annually and updated if necessary.
11.29. Post orders. Procedures shall require that personnel read, sign and date the appropriate post orders each time they assume a new post.
11.30. Escapes. Procedures regarding escapes shall be available to all personnel, and shall be reviewed at least annually and updated if necessary.
11.31. Riots and other disturbances. There shall be plans that specify procedures to be followed in situations including, but not limited to, riots, hunger strikes, disturbances and the taking of a hostage. These plans shall be made available to applicable personnel, and reviewed and updated at least annually.
11.32. Mass arrests. There shall be procedures to be followed in the event of a mass arrest which results in the admission of inmates in excess of the maximum capacity of the jail facility.
11.33. Work stoppage. There shall be a written plan that provides for continuing jail facility operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, who are required to familiarize themselves with it.
11.34. Physical force. Written policies and procedures shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property and prevention of escapes, and only when it is necessary to control inmates and in accordance with appropriate statutory authority. In no event is physical force justifiable as punishment. Any employee who uses physical force shall prepare a written report of the incident and submit it to the jail facility administrator.
11.35. Mechanical restraints. Instruments of restraint shall be used only as a precaution against escape, during transfer or transport, for medical reasons by direction of the medical officer, and as a preventive measure against inmate self-injury, injury to others or property damage when there is approval from the facility administrator or his or her designee. They shall be applied for only the length of time necessary to regain control of the inmate.
11.36. Inmate authority. No inmate or group of inmates shall be given control or authority over other inmates.
11.37. Shift reports. Correctional staff members shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
11.38. Weekly inspection. The jail facility administrator or his or her designee, the chief correctional officer, and other department heads shall inspect the facility's living and activity areas at least weekly.
11.39. Transportation of inmates. When transportation is the responsibility of facility staff, written policies and procedures shall govern the transportation of inmates outside the facility.
11.40. Facility vehicles. Written policies and procedures shall govern the use and security of facility vehicles.
11.41. Personal vehicles. Written policies and procedures shall govern the use of personal vehicles for official purposes, including provision for insurance coverage.
W. Va. Code R. § 95-1-12 Special Management Inmates
12.1. Operation of segregation units. Written policies and procedures shall provide for the operation of segregation units for the supervision of inmates under administrative segregation, protective custody or disciplinary detention.
12.2. Immediate segregation. Only the facility administrator or his or her designee can order immediate segregation of an inmate and then only when it is necessary to protect the inmate or others.
12.3. Disciplinary detention. Inmates shall be placed in disciplinary detention for a rule violation only after a hearing by the appropriate committee, or hearing officer, and when no other available alternative dispositions are adequate to regulate the inmate's behavior within acceptable limits and the inmate's presence in the general population poses a serious threat to the orderly operation or security of the jail facility.
12.4. Administrative segregation. Inmates shall be placed in administrative segregation only after a hearing before the jail facility administrator or shift supervisor, classification committee, or other standing committee specifically designated for this purpose.
12.5. Administrative segregation hearing. Placement in administrative segregation should be preceded by the inmate receiving notice of intended placement, appearance at the hearing and an opportunity to present his or her case to the hearing officer(s).
12.6. Review of administrative segregation. The status of the inmate shall be reviewed at least every fifteen (15) days to determine whether the reasons for initial placement in segregation continue to exist. If the reasons do not, the inmate shall be released from segregation.
12.7. Release and appeal from administrative segregation. An inmate shall be released from administrative segregation by action of the appropriate committee with jurisdiction over the inmate's placement in this status, or an appeal to the jail facility administrator or appropriate supervisory authority.
12.8. Protective custody. An inmate shall be admitted to the segregation unit for purposes of protective custody only when there is documentation that protective custody is warranted and no reasonable alternatives are available. Protective custody shall be used only for short periods of time, except when an inmate needs long-term protection, and the facts are well documented. When an inmate consents to protective custody, his or her consent shall be fully documented with a consent form signed by the inmate. The inmate may at any time request reassignment to the general inmate population.
12.9. Review of protective custody. Inmates in protective custody shall have their status reviewed by the appropriate personnel at least every fifteen (15) days.
12.10. Appeal of protective custody. When inmates are placed in protective custody an appeal process shall be provided to the jail facility administrator or an appropriate supervisory authority.
12.11. Isolation. The responsible physician shall approve a plan guiding the use of restraints in isolation. For an inmate to be kept in isolation for more than twenty-four (24) hours, a physician or mental health professional shall determine upon evaluation that the inmate is a threat to himself or herself or others. Transfer of the inmate to a hospital or state institution may be appropriate. Isolation shall be reviewed as soon as possible by the jail facility supervisor but in no event later than six (6) hours after the initial placement in isolation. Inmates placed in isolation as a result of being out of control shall be released immediately upon their regaining self-control. An appeal process to the jail facility administrator or the appropriate supervisory authority shall be provided.
12.12. Isolation observation. A monitoring procedure shall be developed to require observation of inmates in isolation. The procedures shall include regular observations and at least an hourly recording of the behavior observed. The individual recording shall include the following information: the inmate's name; the date and hour of placement in isolation; the reason or basis for placement in isolation; the behavior exhibited while in isolation; the release time; any physical or mental problems or needs; and, any visits by health personnel.
12.13. Permanent log in segregation units. Staff members in any segregation unit shall maintain a permanent log. Admissions of all inmates to these units shall be recorded with the following information included for each inmate: the inmate's name; the inmate's number; the inmate's previous housing location; the date admitted; the type of infraction or reason for admission; the tentative release date; and, any special medical or psychiatric problems or needs. The log should be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.
12.14. Observation of potentially suicidal inmates. Inmates who are classified as potentially suicidal shall be continuously monitored which shall include a verbal exchange between the inmate and the monitoring staff. A recording of this monitoring shall be made and placed in the inmate's health record. High risk persons shall be placed on continuous observation.
12.15. Deprivation of authorized item or activity. Whenever an inmate in segregation is deprived of any usually authorized item or activity, a written report of the action shall be made and forwarded to the jail facility administrator. The report shall identify the inmate, the item or activity he or she was deprived of, and the reasons for the action. The report shall be forwarded to the chief security officer as soon as possible. If circumstances warrant the removal of all of an inmate's personal items, approval for this action shall be obtained in advance from the jail facility administrator or his or her designee. No item or activity shall be withheld longer than is necessary to ensure the inmate's safety and the well-being of the staff and other inmates. In no case shall an inmate be deprived of an item or activity for the purpose of punishment unless proper disciplinary process has been utilized.
12.16. Meals. Inmates in segregation shall receive the same meals as those served to the general population. Deprivation of food shall never be used as punishment.
12.17. Shower. Inmates in segregation shall have the opportunity to shave and shower daily. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, unless the activities present an undue security hazard.
12.18. Clothing, bedding, hair care service. The issuance and exchange of clothing, bedding and linen and laundry of those articles, barbering and hair care services shall be provided for inmates in segregation on the same basis as for inmates in the general population; exceptions to this rule are permitted only where found necessary by the senior officer on duty, and are recorded in the log required by section 12.13 of this rule and justified in writing. Inmates in segregation shall be afforded the same hygienic living conditions as the general inmate population.
12.19. Mail. Inmates in segregation shall be provided the same opportunities for the sending and receiving of letters as are available to the general inmate population. Letters shall be delivered promptly. If any item is rejected consistent with the policies and procedures for sending and receiving letters, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.
12.20. Visitation. Inmates in segregation shall be provided opportunities for visitation, unless there are substantial reasons for withholding such privileges. Every effort shall be made to notify the inmate and any approved visitors of any restrictions on visiting. This practice will avoid disappointment and unnecessary inconvenience for the visitors.
12.21. Telephone. Inmates in disciplinary detention shall be allowed limited telephone privileges, which consist of telephone calls related specifically to access to the judicial process and family emergencies as approved by the jail facility administrator or his or her designee. Inmates in administrative segregation and protective custody shall be allowed telephone privileges.
12.22. Legal materials. Inmates in segregation shall have access to both personal legal materials and to available legal reference materials. Reasonable arrangements shall be made to assist these inmates in meeting court deadlines.
12.23. Reading materials. Inmates in segregation shall have access to reading materials.
12.24. Exercise. Inmates in segregation shall be allowed the same opportunity for recreation as those in the general population unless specific temporary security restrictions are designated in writing by the jail facility administrator in advance.
12.25. Programs and services. Inmates in segregation shall be allowed to participate in facility programs to the same extent as the general inmate population, providing their participation is consistent with the safety and security of the facility and the community. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.
12.26. Visits from staff. Inmates in segregation shall receive daily visits from the chief security officer or the shift supervisor, members of the program staff upon request, or a qualified health care official three (3) times per week unless medical attention is needed more frequently.
12.27. Staffing of segregation units. Written policies and procedures shall govern selection criteria, supervision and assignment of staff who work with inmates on a regular and daily contact basis in segregation units. Procedures shall be established to supervise and evaluate the on-the-job performance of all staff members who work with inmates in segregation. Administrative procedures shall exist for promptly removing ineffective staff members from these positions. The need for reassignment shall be based on the intensity of the assignment.
W. Va. Code R. § 95-1-13 Food Service
13.1. Menu inspection. A qualified nutritionist shall inspect and approve menus in advance of adoption and make recommendations regarding diets to assure adherence to nationally recommended basic daily caloric and nutritional requirements.
13.2. Review. All menus, including special diets, shall be planned, dated, and available for review at least one month in advance; notations shall be made of any substitutions in the meals actually served. Substitutions shall be of equal nutritional value.
13.3. Temperature. Meals must be served at the appropriate temperature. There shall be at least two (2) hot meals a day.
13.4. Meal variety and nutrition. Meals must include variety and be nutritious. There shall be a rotation of at least four (4) weeks duration of planned menus prepared by a registered dietician under the direction of the food service provider.
13.5. Special diets. Special diets for medical and religious reasons shall be provided.
13.6. Management. A staff member experienced in food service management shall be responsible for food service management and operations.
13.7. Health protection. Adequate health protection shall be provided for all inmates and staff in the jail facility as well as inmates and other persons working directly in food service. All food handlers, the jail facility, and food preparation equipment shall meet all applicable health and safety standards. Inmate food handlers shall be required to receive a complete physical examination prior to job assignment.
13.8. Food service records. Records of daily menus shall be maintained; any deviations from planned menus shall be appropriately noted on the records. Records of inmates' refusal to eat shall be noted in their medical files.
13.9. Restriction. Restriction of food shall not be used as a disciplinary punishment.
13.10. Toilet and hand washing facilities. A toilet and hand washing facility shall be available to food service personnel and inmates assigned to work in the food service preparation area.
13.11. Regimentation. Meals shall be served under conditions which minimize regimentation, although supervision of group dining by staff members should be available. Meals shall not be served in cells unless it is necessary for purposes of safety and security or the inmate is under disciplinary, administrative or medical segregation. When a meal is served in a cell a small table or shelf and appropriate seating distanced from the toilet shall be provided.
13.12. Frequency. At least three (3) regular meals, at least two (2) of which are hot, shall be served at regular meal times during each twenty-four (24) hour period with no more than thirteen (13) hours between the beginning of the evening and breakfast meals.
13.13. Budgeting, purchasing and accounting. The food service operations shall use budgeting, purchasing and accounting practices that include, but are not limited to, the following systems:
a. Food expenditure cost accounting designed to determine cost per meal;
b. Estimation of food supply requirements;
c. Purchase of supplies at wholesale prices and under other favorable conditions, when possible;
d. Determination of and responsiveness to inmate eating preference; and, e. Refrigeration and storage of food with specific storage periods.
13.14. Equipment and dining area inspection. Inspection of food service and dining areas shall be subject to the following conditions:
a. Weekly general inspection of food service, dining and food preparation areas and equipment by a trained individual who shall maintain a record of such inspections;
b. Daily inspection of the sanitary condition and proper operation of temperature controlled food storage facilities for food supplies; and, c. Daily inspection of refrigerators and dish washing temperatures by food service personnel to assure that proper operating temperatures are maintained.
13.15. Documentation. Documentation shall be maintained that complies with health and safety regulations.
13.16. Utensils. All inmates shall be provided appropriate utensils and drinking cups with meals.
W. Va. Code R. § 95-1-14 Medical and Health Care Services
14.1. Right to medical care. All inmates shall have prompt access to necessary medical, dental and psychiatric care provided in a reasonable manner by licensed personnel.
14.2. Responsibility. Medical, dental and mental health decisions involving clinical judgements shall be the sole province of the responsible health care professional. The jail facility administrator shall provide administrative support for the availability of medical care to inmates and shall advise the health care professionals concerning jail facility security.
14.3. Responsible physician. A responsible physician shall be designated to approve health care policies, procedures and agreements which may include the use of emergency rooms in local hospitals. Each jail facility shall have agreements or provisions for twenty-four (24) hour coverage by an on-call physician. All physicians and dentists examining or treating inmates shall be licensed to practice in the State of West Virginia.
14.4. On site health authority. An on site health authority shall be designated and present at all times. The health authority may be a physician, physician's assistant, registered nurse, licensed practical nurse, nurse practitioner, paramedic, emergency medical technician, or a health trained staff member.
14.5. Medical autonomy and jail facility administration. Medical decisions shall be made only by the physician or his or her designee. It shall be made clear to the health authorities, that security rules which apply to non-medical jail facility staff also apply to health care staff. The jail facility administrator shall provide information and orientation concerning security rules to health care staff.
14.6. Duties and responsibilities. Appropriate state and federal licensure, certification or registration requirements and restrictions apply to personnel who provide health care services to inmates. The duties and responsibilities of medical care personnel shall be governed by written job descriptions approved by the responsible physician and the jail facility administrator. Verification of current credentials and job descriptions shall be on file in the jail facility. The provision of quality health care shall be ensured by the use of only qualified health care personnel to determine and supervise health care procedures. Written job descriptions shall include the qualifications required and the specific role in the health care delivery system of that position. Verification of qualifications may consist of copies of current certificates or licenses.
14.7. Administrative meetings and reports. There shall be meetings, at least quarterly, between the health care staff and the jail facility administrator to review and discuss health care programs in the jail facility. Notes of these meetings shall be kept by the jail facility administrator. The responsible physician shall submit quarterly reports on the health care delivery system and annual statistical reports. The report shall include topics such as the effectiveness of the health care delivery system, a description of any environmental factors which may require improvement, changes effected since the last report, and recommendations for corrective action if needed. The annual statistical report of inmate health care shall include the number and nature of sick call visits, diagnostic studies conducted, emergency services rendered, referrals to specialists, hospitalizations, special procedures performed, ambulance transports used, communicable diseases reported and deaths. The annual statistical report, along with an appraisal of the jail facility's health care system shall be submitted to the authority having jurisdiction over the jail facility by the responsible physician.
14.8. Review. Each policy, procedure and program in the health care delivery system shall be reviewed at least annually by the responsible physician and revised if necessary. Each policy or procedure document shall bear the date of the most recent review or revision and the signature of the reviewer.
14.9. Policies and procedures. The responsible physician shall write or approve pre-written health policies and procedures for the following components of jail facility health care:
14.9.1. Decision making for special problem inmates. Before inmates with diagnosed psychiatric or significant medical illnesses are given housing assignments, work assignments, disciplinary measures or transfers, the jail facility administrator and the responsible physician or their designees shall confer to consider any special precautions or preparations. A list of frequent illnesses which require special arrangements shall be developed. Special diets must be provided when requested by health personnel and approved by the responsible physician.
14.9.2. Notification of next of kin. The jail facility administrator or responsible physician shall notify the next of kin or legal guardian of the serious illness, serious injury or death of any inmate in the custody of the jail facility.
14.9.3. Post mortem examination. The jail facility administrator or responsible physician shall immediately notify the State Medical Examiner of the death of any inmate. The jail facility shall cooperate with the State Medical Examiner in the conduct of post mortem examination if found to be necessary.
14.9.4. Minimum staff training requirements. Health trained staff is defined as jail personnel who have the equivalent of EMT training and also have received information regarding the symptoms of physical and mental illnesses common to the inmate population (including depression and chemical dependency), basic management of seizures, medication administration, health record maintenance, recognition of potentially suicidal behavior, ability to respond to health related situations within four (4) minutes, first aid training, and procedures for transfer of inmates to appropriate medical facilities or health care providers. Training may be effected through a local hospital, emergency room, county health department, county medical society, Red Cross chapter, or any other program approved by the responsible physician. An appropriate training course may be completed in approximately 60-80 hours. Each shift shall include at least one person who has become health trained as described in this subsection. Ideally these persons shall be from the health care profession but may be health trained jail facility personnel.
14.9.5. Suicide prevention. There shall be a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional. All jail facility staff who are responsible for inmate supervision shall be trained in the implementation of the program. The staff shall be responsible for intake screening and identification of potentially suicidal inmates in an effort to prevent suicide.
14.9.6. Prohibited inmate assignments. Inmates shall not be assigned the following duties:
a. Performing direct patient care services;
b. Scheduling health care appointments;
c. Determining or controlling access to health care by other inmates;
d. Handling or having access to surgical instruments, syringes, needles, medications or health records; and, e. Operating medical equipment.
The restrictions of this subsection shall not be construed to preclude inmates from participation in a certified vocational training program. Inmates may be permitted to perform janitorial or cleaning services in the medical areas under the supervision of qualified staff.
14.9.7. Receiving Medical Screening. A receiving medical screening appraisal to elicit information pertinent to the inmates' health shall be performed on every inmate at the time of admission. The screening shall be recorded on a form which has been approved by the responsible physician. Screening is a means to discover and prevent health and safety threats to both inmates and staff. The goal of receiving screening shall be to detect any communicable diseases, chemical dependence, potential for suicide, or other medical or psychiatric problems before the inmate is placed within the jail population. When the inmate has been transferred from another facility and is accompanied by a previously completed screening form, the form shall be reviewed and verified. The receiving screening shall be conducted by a health-trained staff member. No inmate in obvious need of medical attention shall be admitted to any jail facility until such time as the arresting or transporting officer shall obtain written medical clearance indicating that the inmate is physically capable of withstanding incarceration. The screening inquiry shall include the following topical areas:
a. Current illness and health problems, including dental problems;
b. Venereal diseases and other infectious diseases;
c. Current medication and special health requirements;
d. Use of alcohol or other drugs, including types of drugs used, mode of use, amounts used, frequency of use, date or time of last use, and history of problems which may have occurred after cessation of use;
e. Past and present treatment or hospitalization for mental disturbance or attempted suicide; and, f. Other health problems as may be identified by the responsible physician.
14.9.8. Disposition. The receiving screening process shall include a recommendation to one of the following population classifications: General population, with or without referral for appropriate health care services; emergency referral to appropriate health care services; or, medical isolation and special observation.
14.9.9. Health Appraisal. Within fourteen (14) days of admission, a health appraisal shall be completed for each inmate which includes a medical history and examination which is recorded on a form approved by the responsible physician. Although a physician, physician's assistant or nurse practitioner must perform the physical examination, the health history may be completed by a health trained staff member. The health appraisal shall include the following:
a. Review of the earlier receiving screening by the examining clinician;
b. Collection of additional data to complete the medical, dental, psychiatric and dental histories;
c. Administration of laboratory and/or diagnostic tests to detect communicable diseases including tuberculosis;
d. Recording of current height, weight, pulse rate, blood pressure and temperature, any other diagnostic tests administered and comments concerning mental and dental status; and, e. The results of the medical examination, test results and other information collected shall be reviewed by a physician who shall direct the initiation of appropriate medical care and treatment.
14.9.10. Care for persons under the influence of drugs. The responsible physician shall approve policies and procedures for the identification of alcohol and drug dependence as well as subsequent management and/or transfer for the care of persons under a drug influence. Unless the jail facility has special facilities and constant medical supervision to perform detoxification, detoxification shall not be performed at the jail facility; inmates who require detoxification shall be transferred to a hospital or detoxification center designated by the responsible physician. Procedures for adequate care of persons under the influence of drugs include written policies and training concerning medical screening, observation, referral evaluation, and safety protection.
14.9.11. Psychiatric illness. Post admission screening and referral for the care of mentally ill or retarded inmates whose adaptation to the jail facility environment is significantly impaired shall be provided. Psychiatric problems identified, whether identified during receiving screening or after admission, shall be followed up by medical staff. The urgency of the presenting problem shall determine the response. Potentially suicidal and psychotic patients are emergencies and require prompt attention. Inmates awaiting emergency evaluation shall be housed in a specially designated area with constant supervision by trained staff. Inmates shall be held only for the minimum time necessary before emergency care is rendered. All sources of assistance for mentally ill or impaired inmates shall be identified in advance of need and referral procedures shall be in place for use in cases where the need exists. No person shall be housed in a jail facility solely upon an involuntary commitment proceeding pursuant to W. Va. Code '27-5-1 et. seq..
14.9.12. There shall be consultation between the jail facility administrator and the responsible physician or their designees prior to the making of housing assignment, program assignment, imposition of disciplinary measures or the transfer of any inmate who is diagnosed as having a psychiatric illness.
14.9.13. Access to treatment. Upon admission each inmate shall be informed of his or her right of access to medical treatment; in addition to verbal instruction, each inmate shall receive an information sheet which includes information about the jail facility's sick call schedule, the procedures for registration for sick call and the grievance procedures concerning medical care. The medical information sheet shall be approved by the responsible physician.
14.9.14. Daily health complaints. The health complaints of inmates shall be solicited daily and acted upon by trained personnel such as a licensed nurse or registered nurse and followed by appropriate triage and treatment by qualified personnel. Triage is the sorting and allocation of treatment of patients according to priorities of need.
14.9.15. Sick Call. Sick call is the system through which each inmate reports for and receives appropriate medical services for non-emergency illness or injury; if an inmate's custody status precludes attendance at sick call, arrangements shall be made to provide sick call services in the inmate's place of detention. Inmates will have daily access to sick call forms which shall be reviewed that day by the health authority or other person designated by the responsible physician. All complaint forms will become part of the inmate's health record. Sick call shall be performed by a licensed physician, physician's assistant, registered nurse, or other person designated by the responsible physician. Sick call is a designated time to review non-emergency medical problems and shall be held at the following intervals:
a. In jail facilities of less than fifty inmates, one time per week;
b. In jail facilities of fifty to one hundred inmates, two times per week;
c. In jail facilities of one hundred to two hundred inmates, three days per week; and, d. In jail facilities of more than two hundred inmates, five times per week.
14.9.16. Use of restraints or isolation for out of control inmates. The responsible physician shall approve a plan which guides the use of restraints or isolation and providing for mental health personnel to evaluate inmates who are repeatedly out of control or who remain out of control for more than a short amount of time. Use of physical restraints in the control of inmates inside the jail facility may only be used for the protection of the individual or others. The use of restraints shall be recorded in the inmate's record. Any time an inmate remains out of control for more than a short amount of time, mental health personnel shall be consulted.
14.9.17. Health Promotion/Wellness Promotion. The responsible physician shall consider plans which provide inmates with health education and preventive medical services.
14.9.18. Prevention of the spread of disease. Jail facilities shall establish an area for use by inmates who have medical problems which require separation or close observation. Inmates in such areas shall be allowed to participate in an appropriate form of exercise, including exercise of large muscle groups, for a minimum of one hour per day.
14.9.19. Dental Care. Dental care shall be provided to each inmate under the direction and supervision of a licensed dentist under the following conditions:
a. Each inmate shall receive a dental examination as a component of his or her health evaluation within fourteen days of admission; and, b. Emergency dental treatment for conditions which adversely affect the inmate's health shall be provided within three (3) months of admission.
14.9.20. Special medical programs. Arrangements shall be made for the provision of special medical programs, including chronic care, convalescent care and preventive medical maintenance for inmates. The special medical program shall service a broad range of health problems, e.g., seizure disorders, diabetes, potential suicide, chemical dependency, and psychosis. These special medical programs require close medical supervision. Chronic care is medical service rendered to a patient over a long period of time for conditions such as diabetes, asthma, and epilepsy. Convalescent care is medical care provided to assist a patient in the recovery from illness, injury or surgery. Preventive medical maintenance includes health education and medical services such as inoculation and immunization and is provided to take measures in advance of the onset of illness or to provide instruction in the self-care of chronic conditions. Provided that, for purposes of this rule only, use of or withdrawal from the use of nicotine shall not be considered a chemical dependency or otherwise qualify the inmate for medical or psychological treatment or counseling.
14.9.21. Prostheses. The responsible physician or dentist shall determine the medical necessity for prosthetic devices. Prosthetic devices shall be provided when medically necessary to avoid adverse affect upon the inmate's health.
14.9.22. Management of pharmaceutical. Procedures for prescribing, dispensing and administering drugs shall be in compliance with federal and state laws and regulations. The responsible physician shall approve written procedures for the distribution, administration, accounting and disposal of medications. The responsible physician shall approve a written medication log which shall be maintained for each inmate receiving medication. The inmate's medication log shall include the date, time, name of drug and dosage administered. Any inmate who refuses medication shall sign a statement to that effect, which shall be signed by a staff member and filed in the inmate's medical record. Medications shall be administered only by a physician or nurse, or, after written approval from the responsible physician, by the health authority or health trained staff member; exception to this requirement may be made for self administration of insulin injections by inmates who have received appropriate instruction and are under the supervision of the health authority or a health trained staff member. The physician shall inform jail facility personnel of possible side effects of medication prescribed for inmates. When medications are taken orally, the person administering the medication shall take appropriate action to verify that the medication has been swallowed, thereby ensuring proper ingestion of the prescribed medication. The jail facility shall provide a locked storage area for medications and a list of stored medications shall be maintained. Refrigeration shall be provided if needed for proper storage of medications.
14.9.23. Administration of medications. Persons administering medications shall do so under the supervision of the responsible physician and shall have received training appropriate to their assignment. They are accountable for administering medications according to orders as to both frequency and dosage, and for recording the administration of medications in a manner and on a form approved by the responsible physician. Training from the responsible physician shall include the medical aspects of administration or distribution of medication. Training from the jail facility administrator shall include security matters inherent to the administration and distribution of medications in a jail facility.
14.9.24. Health records. A separate file shall be established for each inmate at the time of his or her receiving screening for the collection of medical information. The health record shall be sufficiently detailed to enable a practitioner to give continuing care and permit the retrospective determination of the inmate's condition and treatment at the time of examination and treatment and to provide information which will enable consulting medical professionals to render advice on the inmate's care and treatment. Entries in this record shall be made in ink, be legible, be signed by the maker, and dated. Records shall be maintained for at least seven (7) years following the inmate's most recent incarceration. The file shall contain the following:
a. The completed receiving screening form;
b. The completed health appraisal, if the inmate was incarcerated for more than thirty (30) days;
c. All findings, diagnoses, orders and treatments;
d. A medication log sheet;
e. The results of laboratory, x-ray or other diagnostic procedures;
f. Any completed medical complaint forms;
g. The date, place and time of health encounters;
h. Dental, psychiatric or other consultation reports;
i. Consent and refusal forms; and, j. Release of information forms.
14.9.25. Transfer of records. When an inmate receives off-site examination or treatment or is transferred to another facility or hospital the inmate's health record or a copy of the summary shall accompany him or her. Documentation of any off-site examination or treatment shall be made in the health record by the physician or other health professional involved. Health records shall be returned to the jail facility with the inmate or, in the event of the transfer or hospital admission of the inmate, as soon as possible thereafter. Written authorization by the inmate is required for the transfer of health record information, except in an emergency situation where the inmate is unable to authorize the transfer.
14.9.26. Confidentiality. The inmate's medical information, health record, and confidences entrusted to a physician or other medical care professional in the course of screening, examination or treatment are confidential and shall not be disclosed to anyone except in the following instances:
a. With the informed consent of the inmate;
b. When required by law, e.g., the reporting of communicable diseases;
c. When the security of the institution or the safety of the individual requires disclosure, and then only to the extent necessary for the protection of the inmate and the security of the jail facility; and, d. When the chief administrative officer requests review of medical information, subject to all other requirements of this subsection.
14.9.27. Facilities and equipment. When health services are provided within a jail facility the jail facility shall provide a private examination/treatment area and such equipment necessary and appropriate for the delivery of medical care as provided in this section. Medical equipment shall be periodically inspected and kept in good repair.
14.9.28. First aid kits. Each jail facility shall have one or more first aid kits which contain, at a minimum, bandages, gauze, slings, adhesive tape and band-aids. The responsible physician shall designate the number, location and contents of first aid kits and shall provide for the periodic inspection and replenishment of the kits.
14.9.29. Informed consent. The informed consent of inmates is necessary for all medical examinations, treatment and procedures except those required by law, e.g., the treatment of infectious diseases when public health law requires such treatment, or in the event of an emergency. Informed consent is the voluntary consent of an inmate to an examination, treatment or procedure after receiving information concerning the material facts regarding the nature, consequences, risks and alternative procedures. In the event a minor is admitted, the consent to medical care must be obtained from a parent, guardian or legal custodian.
14.9.30. Medical research. The use of inmates for medical, pharmaceutical, or cosmetic research or experiments is prohibited.
14.9.31. Serious illness or injury. A process to notify an inmate's next of kin in the event of serious illness or injury shall be developed. The jail facility's admission form shall provide for identification of the inmate's choice of a person to be notified in the event of serious illness, serious injury or death. When possible, permission for notification shall be obtained from the inmate.
W. Va. Code R. § 95-1-15 Inmate Rights
15.1. Access to courts. Inmates shall have unlimited access to courts and to address uncensored communication to governmental authorities. Inmates seeking judicial or administrative redress shall not be subjected to reprisals or penalties as a consequence.
15.2. Attorneys. Sentenced and unsentenced inmates shall have access to attorneys or their representatives, paralegal and experts. Private Attorney/Client interview rooms shall be provided. Provisions shall be made for contacts during normal jail facility hours, for uncensored correspondence and telephone communication.
15.3. Access to legal materials. Inmates shall have access to appropriate legal materials. Provisions shall be made for reasonable and meaningful access to a library. The library shall include the following documents or their equivalent:
a. Black's Law Dictionary;
b. Legal Research in a Nutshell (latest ed.);
c. Federal Habeas Corpus, Sokol, (Michie);
d. Criminal Procedures in a Nutshell, Israel, Jerold J. and Lafave, Wayne R., St.Paul: West or a comparable service;
e. Constitutional Rights of Prisoners, Palmer, John W.,(with current supplement) Cincinnati: Anderson or a comparable service;
f. Criminal Law Hornbook, Lafave & Scott (West);
g. Court Rules;
h. W. Va. Code, Vols. 1-20, including Court Rules, with current supplements;
i. Southeastern Reporter (2nd series, 1960 to date);
j. Criminal Law Reporter, BNA;
k. U. S. Code, Annotated, Titles 18, 29 and 42;
l. Supreme Court Reporter (1960 to date);
m. Federal Reporter (2nd series, 1960 to date);
n. Federal Supplement (1970 to date);
o. Corpus Juris Secundum (Criminal Law sections only);
p. Modern Federal Practice Digest Second (Vols. 16-19, 22-32, 53-54, Table of Cases and Indexes); and, q. Michie's Jurisprudence.
15.4. Access to paper and supplies. Inmates shall have access to paper and other supplies related to legal matters. Inmates shall be provided reasonable access to the services of a notary public for legal documents and other general purposes. There shall be no restricting or interfering with jailhouse lawyers or with inmates attempting to assist other inmates in legal matters. Such interaction of inmates is subject only to legitimate safety and security concerns.
15.5. Voting. Jail facility officials shall inform inmates on pre-trial status and those convicted of misdemeanors of their right to vote and offer them the opportunity to exercise that right.
15.6. Religious observance. Inmates shall have reasonable opportunities to practice their religion, with visits permitted by spiritual advisers at reasonable times. Provisions shall be made for inmates to observe the requirements of their faith.
15.7. Checking and savings accounts. Inmates are entitled to maintain checking and savings accounts.
15.8. Discrimination. Each inmate shall be free from discrimination based upon race, religion, national origin, sex, handicap, or political beliefs. Inmates shall have equal access to various programs and work assignments, and involvement in decisions concerning classification status. There shall be no discrimination in regard to the rights and privileges, restrictive housing, or any other amenities afforded to inmates.
15.9. Protection. Inmates shall be protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. In instances where physical force or disciplinary detention is required, only the least restrictive means necessary to secure order or control shall be used. Administrative segregation shall be used to protect inmates from themselves or other inmates.
15.10. Inmate appearance. Inmates' personal appearance shall not be limited unless it presents clear health, safety or security hazards.
15.11. Grievance procedure. The jail facility shall have a written grievance procedure which is explained and available to inmates and staff. It shall give inmates an opportunity to seek redress for violations of jail facility rules and regulations or interference with the inmate's rights or privileges. The procedure shall include a provision for an investigation of the grievance and for a written response within a reasonable time (seventy-two (72) hours) and proper action taken to ensure fair resolution of complaints. The response shall state reasons for the response to the grievance. Unless grievances are clearly found to be in bad faith, the grievant shall have a personal opportunity to be heard before a decision on the grievance is made. If the grievance is denied, an appeal shall be available.
15.12. Good Time. Inmates sentenced to jail for a term exceeding six (6) months are entitled to good time. Inmates shall be presumed to have conducted themselves well and shall be entitled to good time credit unless they have a recorded history of misconduct. Jail facility authorities shall notify inmates of good time.
15.13. Due Process. No inmate shall be deprived of any good time credit for alleged misconduct unless they have first been afforded the following due process protection:
a. Written notice of the claimed violation;
b. Disclosure of the evidence against them;
c. An opportunity to be heard and to present witnesses and documentary evidence;
d. The right to confront and cross-examine adverse witnesses, unless the hearing officer specifically finds good cause for prohibiting confrontation;
e. A neutral and detached hearing officer;
f. A written statement by the fact-finders of the evidence relied upon and the reasons for discipline; and, g. The right to counsel, if the state is represented by an attorney, and otherwise the right to be assisted by another inmate, staff member, lay advocate or paralegal.
W. Va. Code R. § 95-1-16 Inmate Rules and Discipline
16.1. Rules of conduct. There shall be written rules of inmate conduct which specify acts prohibited within the jail facility and penalties which may be imposed. These rules shall be provided to all inmates and procedures shall exist for ensuring that all inmates understand the rules.
16.2. Annual Review. The written rules of inmate conduct shall be reviewed annually and updated as necessary to ensure that they are consistent with constitutional and legal principles.
16.3. Training. All personnel who deal with inmates shall receive sufficient training so that they are thoroughly familiar with the rules of inmate conduct, the sanctions available, and the rationale for the rules.
16.4. Minor infractions. There shall be written guidelines for informally resolving minor infractions of the inmate rules.
16.5. Disciplinary reports. When rule violations require formal resolution, staff members shall prepare a disciplinary report and forward it to their supervisor.
16.6. Minimum contents. Disciplinary reports prepared by staff members shall include the following minimum information:
a. Specific rule alleged to have been violated;
b. A formal statement of the charge;
c. An explanation of the event, including who was involved, what transpired, and the time and location of the event;
d. Any unusual inmate behavior;
e. Any staff witnesses;
f. The disposition of any physical evidence;
g. Any immediate action taken, including the use of force;
h. The reporting staff member's signature; and, i. The date and time the report is made.
16.7. Investigation. When an alleged rule violation is reported, an investigation shall begin within forty-eight (48) hours of the time the violation is reported.
16.8. Pre-hearing segregation. Pre-hearing segregation of inmates who are charged with a rule violation shall be used only when necessary to ensure the safety of the inmate or the security of the jail facility.
16.9. Sanctions. There shall be a schedule of sanctions for rule violations. The maximum sanction for rule violation shall be disciplinary confinement for fifteen (15) days for any one violation and no more than (30) thirty days for all violations arising from one incident. If more than one incident occurs, continuous disciplinary confinement for more than thirty (30) days shall require the review and approval of the jail facility administrator.
16.10. Prosecution. Written policies and procedures shall provide for referral of alleged criminal violations by inmates to appropriate law enforcement officials for prosecution.
16.11. Written copy of allegation. An inmate charged with a violation of jail facility rules shall be given a written copy of the alleged violation within twenty-four (24) hours of the determination of the charges.
16.12. Hearing. An inmate charged with a rule violation shall receive a hearing within seventy-two (72) hours of the charge, excluding weekends and holidays. The hearing may be postponed or continued by a written waiver by the inmate or for good cause.
16.13. Written notice of hearing. Written notice of the hearing shall be provided to the inmate at least twenty-four (24) hours prior to the hearing. The inmate may give written consent to a hearing within less than twenty-four (24) hours.
16.14. Inmate absence. Inmates charged with rule violation shall be present at the hearing unless they waive that right in writing or through behavior. Inmates may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion shall be documented.
16.15. Hearing panel. Disciplinary hearings of rule violations shall be conducted by an impartial person or panel of persons.
16.16. Inmate representation. Staff assistance to represent inmates at disciplinary hearings shall be provided upon request by the inmate.
16.17. Rules of evidence. The inmate shall be given an opportunity to make a statement, present documentary evidence, and to have present any person who has relevant and not unduly cumulative information, except when doing so may jeopardize the life or safety of persons or the security or order of the jail facility; reasons for denial shall be stated in writing. The formal rules of evidence shall not apply to inmate disciplinary proceedings.
16.18. Written record of decision. A written record shall be made of the disciplinary hearing decision and a copy shall be given to the inmate.
16.19. Review. A review of all disciplinary hearings and dispositions shall be made by the jail facility administrator or his or her designee.
16.20. Appeal. Inmates shall have the right to appeal decisions of the disciplinary hearing officer to the jail facility administrator or his or her designee. The administrator, or their designee, shall either affirm or reverse the decision of the disciplinary hearing officer within five (5) days of the appeal.
16.21. Effect of negative finding. The disciplinary report shall be removed from the files of any inmate found not guilty of an alleged rule violation.
W. Va. Code R. § 95-1-17 Communication, Mail and Visitation
17.1. Inmate correspondence. Written policies and procedures shall govern inmate correspondence, shall be available to all staff and inmates, and shall be reviewed annually and updated as needed.
17.2. Limitations. The volume of lawful mail, including letters and publications, which an inmate may send or receive or the length, language, content or source of the mail may not be limited except for reasons of public safety or jail facility order and security. Outgoing mail shall be at the inmate's expense except as provided in section 17.3 of this rule.
17.3. Indigent inmates. Indigent inmates shall be provided, without cost, sufficient stationery and postage for all letters to attorneys, courts, and public officials and two (2) personal letters per week.
17.4. Restrictions. Written policies and procedures shall define the type of publications allowed in the jail facility and inspection procedures. Restrictions of access to publications shall be directly related to the maintenance of jail facility order and security.
17.5. Mail processing. Incoming and outgoing letters shall not be held for more than twenty-four (24) hours, excluding weekends and holidays.
17.6. Inspection. Inmate letters, both incoming and outgoing, may be opened and inspected for contraband, but shall not be censored. The letters shall not be read or rejected except where there is reliable information that there is a threat to order or security or that they are being used in the furtherance of illegal activity. Inmates shall be notified when incoming or outgoing letters are rejected.
17.7. Cash. Procedures shall provide for the inspection of inmate letters to intercept cash, checks, money orders and contraband. A receipt shall be given to the addressee.
17.8. Sealed letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, which shall include courts, counsel, officials of the confining agency, government officials, administrators of grievance systems, and members of the parole authority. Mail to inmates from this specified class of persons and organizations shall be opened only to inspect for contraband and only in the presence of the inmate.
17.9. Telephone access. Inmates shall be afforded the right to reasonable telephone access. Telephone calls shall not be monitored unless authorized by a prior court order.
17.10. Visitation. The number of visitors an inmate may receive and the length of visits shall be limited only by jail facility schedules, space and personnel constraints. Visitation shall be provided at least four (4) times weekly including weekends, holidays and evening hours as well as daytime hours. The scheduled visitation hours shall be at least three (3) hours in duration. Individual visitations shall not be limited to less than one-half hour. Visitors whose schedule cannot accommodate the jail facility's visiting schedule may be granted special visitation hours upon request to the jail facility administrator. The visitation schedule and visitation policies shall be posted.
17.11. Visitation limitations. Any visitor shall be allowed except those excluded by court order, visibly under the influence of alcohol and/or drugs, or unable to produce appropriate identification. Inmates may receive visits from immediate family regardless of age provided that all children under the age of eighteen (18) are accompanied by an adult parent, or guardian. Any emancipated child under the age of eighteen (18) must provide proof of emancipation.
17.12. Contact visits. Contact visits shall be available unless otherwise requested, or the inmate's behavior risks causing harm to a person, or the inmate is on disciplinary status related to an offense related to visitation.
17.13. Risk Inmates. Visiting hours for high risk inmates shall approximate those for other inmates.
17.14. Searches. Inmates may be searched prior to and subsequent to visitation. Visitors may be subject to non-intrusive personal searches.
17.15. Privacy. Visitation facilities shall be private and confidential with no monitoring of conversations.
17.16. Contact visitation area. The contact visiting area shall contain tables which do not impair visibility and communication.
17.17. Notification and visitation challenges. Inmates shall be given written notification whenever a visitor is excluded from visitation and shall be given reasons for the action. An inmate shall be given an opportunity to challenge the denial of visitation.
17.18. Visitation by counsel. The number of visits with counsel shall not be restricted, during reasonable hours.
17.19. Visitation to home county. The regional jail authority shall provide transportation to the inmate's home county for purposes of visitation if (1) The home county has a holding facility which may be used for purposes of visitation (2) The county commission and the sheriff of the county agree to provide space in the holding facility for purposes of visitation and to accept custody of the inmate during such period of visitation and (3) Additional transportation space is available on regularly scheduled runs to the home county required for other necessary purposes such as transporting other inmates to court proceedings. Priorities for inmates seeking transportation to the home county for visitation shall be assigned to available space on regularly scheduled runs as follows in the following order of priority: (1) Emergency circumstances (2) Transportation for inmates awaiting court proceedings and not under a sentence of incarceration for any crime (3) Inmates who have not received a visit within a three-month period and (4) Other inmates on a first-come, first-served basis in order of date and time of request.
W. Va. Code R. § 95-1-18 Admission, Orientation, Property Control and Release
18.1. New Inmates. Written policies and procedures shall govern the admission and orientation of new inmates. They shall be reviewed annually and updated as necessary. The jail facility shall not accept persons who are being committed solely because of the initiation of procedures for involuntary commitment pursuant to W. Va. Code '27-6A-1 et. seq.
18.2. Mentally disabled inmates. Care shall be provided for inmates who are believed to be mentally ill, retarded, or addicted and in need of treatment, training or other services. The jail facility administrator shall be made aware of the illness and shall arrange for a mental health assessment. If the report of the examination confirms the condition and services cannot be provided at the jail facility, the administrator shall immediately take action to initiate the inmate's transfer to an appropriate facility pursuant to W. Va. Code '27-6A-1, et. seq.
18.3. Minimum admission requirements. Written policies and procedures for admitting new inmates to a jail facility shall be provided and shall contain at least the following requirements:
a. Verification of court commitment papers or other legal documentation of authority to detain the individual;
b. A complete search of the individual and his or her clothing and personal possessions;
c. Appropriate disposition of the individual's clothing and personal possessions;
d. Medical screening including tests for infectious diseases;
e. Provisions for telephone calls by inmates;
f. Shower and hair care, if necessary;
g. Issuance of clean clothing;
h. Photographing and fingerprinting;
i. An interview to obtain identifying data;
j. A screening interview by a counselor or other trained interviewer;
k. An orientation to the jail facility;
l. Issuance of personal hygiene items;
m. Classification of custody level for assignment to a housing area; and, n. Assignment to a housing unit.
18.4. Housing of alcoholics. The jail facility administration shall refrain from housing or retaining in the jail facility any persons who are known to be or should be known to be chronic alcoholics when the person has been charged solely with the offense of public intoxication; the person shall be afforded all reasonable and necessary medical and health care services immediately; at all times the proper procedures for treatment of such persons shall be followed in the manner set forth by the West Virginia Supreme Court of Appeals in State ex rel. Harper v. Zeeger, No. 14950 (filed May 18, 1982) and in its Addendum (filed July 15, 1982).
18.5. Intoxicated or drugged inmates. There shall be written policies and procedures for the safe handling of intoxicated or drugged inmates committed to the jail facility when such persons are charged with offenses other than or in addition to public intoxication, the policies shall include requirements that:
a. All reasonable and necessary medical and health care services are provided immediately in the manner set forth by the Harper decision and its addendum;
b. Such persons are segregated from the general inmate population until they can be safely integrated without danger to themselves or others; and, c. When such persons are housed in the jail facility, they shall have access to a bed, a toilet and a wash basin with hot and cold running water.
18.6. Location of admission area. Inmates shall be separated from the general population during the admissions process.
18.7. Orientation. All newly admitted inmates shall receive verbal and written orientation information in language they understand. Completion of orientation shall be documented by a dated statement signed by the inmate.
18.8. Telephone. Newly admitted inmates shall be permitted to complete at least three (3) collect local or long distance telephone calls during the admissions process.
18.9. Personal Property. The personal property which inmates may retain in their possession shall be specified.
18.10. Inventory and receipt. A written inventory of all personal property of newly admitted inmates and secure storage of inmate property, including money and other valuables shall be provided. The inmate shall be given a receipt for all property held until release.
18.11. Release. Written procedures for releasing inmates shall be developed to include the following:
a. Verification of identity;
b. Verification of release papers;
c. Completion of release arrangements, including the person or agency to whom the inmate is to be released;
d. Return of personal effects;
e. Verification that no facility property leaves the facility with the inmate; and, f. Completion of any pending action such as a grievance or a claim for damages or lost possessions.
W. Va. Code R. § 95-1-19 Classification
19.1. General. Written policies and procedures shall provide for inmate classification in terms of the level of custody required, housing assignments and participation in correctional programs. They shall be reviewed at least annually and updated as necessary.
19.2. Criteria and appeal. The inmate classification plan shall specify criteria and procedures for determining and changing the status of an inmate, including custody, transfers and major changes in programs. The plan shall include an appeals process for a classification decision.
19.3. Classification categories. The jail facility shall provide for the separate management of the following categories of inmates:
a. Male and female inmates;
b. Pre-trial and convicted inmates;
c. Felon and misdemeanant;
d. Other classes of detainees (witnesses, civil inmates);
e. Community custody inmates (work release, weekender, trustees);
f. Inmates with special problems (alcoholics, narcotic addicts, mentally ill persons, physically disabled persons, or persons with communicable diseases);
g. Inmates who require disciplinary detention;
h. Inmates who require administrative segregation;
i. Violent and non-violent inmates; and, j. Juveniles.
19.4. Juveniles. Juveniles, who are subjected to trial as adults, if held in the jail facility, shall be separated by sight and sound from adult inmates, although they may be housed in the facility's structure. Juveniles who are not subject to trial as adults are not to be housed in the jail facility in accordance with W. Va. Code ''49-5-16 and 49-5-16a.
19.5. Discrimination. Segregation of inmates by race, color, creed, or national origin is prohibited.
W. Va. Code R. § 95-1-20 Inmate Work Programs
20.1. Inmate assignments. The jail facility shall have a written inmate work assignment plan that provides for inmate employment, subject to the number of work opportunities available consistent with the maintenance of security in the jail facility.
20.2. Required work. Pre-trial and unsentenced detainees shall not be required to work except to do personal housekeeping. Any inmate may volunteer for work assignments or institutional programs.
20.3. Maintenance and operation. The inmate work plan shall include provisions for work in the maintenance and operation of the jail facility, except that no inmate shall be permitted within any control room of the jail facility.
20.4. Public works projects. The inmate work plan may provide for inmate work assignments in public works projects.
20.5. Community service. The inmate work plan shall include provision for inmates to work in various non-profit and community service projects.
20.6. Discrimination. Discrimination in inmate work assignments based upon sex, race, religion or national origin is prohibited.
20.7. Disabled Inmates. The inmate work plan shall include provisions for the employment of disabled inmates.
20.8. Compensation. If required under the West Virginia Code, inmates shall be compensated for work performed.
20.9. Working conditions. Inmate working conditions shall comply with applicable federal, state and local work place safety laws and rules.
20.10. Reduction of sentence. The inmate work plan shall provide for the earning of credit toward sentence completion in accordance with the West Virginia Code.
W. Va. Code R. § 95-1-21 Inmate Services and Programs
21.1. Availability. Inmate programs and services shall be made available and shall include, but not necessarily limited to, social services, religious services, recreation and leisure time activities, and library services.
21.2. Use of community resources. Inmate programs and services shall provide for the identification and use of available community resources.
21.3. Inmate option to refuse. Inmates may refuse to participate in jail facility programs, except work assignments and programs required by statute or court order. There shall be written documentation of each refusal to participate maintained in the inmate's file.
21.4. Equal Opportunity. Male and female inmates will have equal opportunities to participate in programs and services.
21.5. Services for drug and alcohol addiction. The jail facility shall provide for counseling and program services for inmates with drug and/or alcohol problems. All necessary medical and health care services shall be provided. The jailing of alcoholics for public intoxication is prohibited. Efforts shall be made to encourage the active involvement of local Alcoholics Anonymous and other similar groups in the delivery of services to inmates and reasonable accommodations made for their use. Alcoholism rehabilitation and drug awareness programs may be established through a local agency or other qualified person.
21.6. Religion. Inmates shall be provided opportunities to participate in religious services and counseling on a voluntary basis.
21.7. Leisure time activities. The jail facility shall provide opportunities for inmates to participate in leisure time activities outside their cell or room on a daily basis. Each inmate shall be permitted at least one hour of leisure time activity each day outside their cell or room. Leisure time activities may include radio, television, movies, crafts, cards, puzzles, checkers, chess or space for indoor exercise.
21.8. Outdoor exercise. The jail facility shall provide each inmate with at least one hour of outdoor exercise per day in an outdoor area with adequate space for the exercise of large muscle groups. The outdoor exercise area shall be constructed to ensure privacy from and safety for the general public.
21.9. Records. The hours and place of recreation for each inmate shall be recorded daily.
21.10. Work Release. The jail facility shall establish a program for the implementation of a work release program pursuant to West Virginia Code '62-11A-1 and '62-11A-2. All inmates shall be notified of their right to apply for the program; appropriate applications and assistance in their completion shall be provided to inmates upon admission to the jail facility.
21.11. GED Program. The jail facility shall arrange for a G.E.D. program for inmates who desire to participate.
21.12. Vocational programs. Inmates shall have access to vocational counseling, pre-vocational career assessment, adult basic education, and vocational training.
21.13. Labor in jail facility. Inmates over the age of sixteen years may consent to perform labor within the jail facility, for county government. The jail facility shall develop a written resident work plan for work in the jail facility, the county government or a community service agency.
21.14. Good time. Good time policy will be coordinated with the vocational, education and work programs.
21.15. Library services. Library services shall be available to inmates and shall include at least the following types of materials: materials responsive to the interests and educational needs of inmates; information services to locate facts needed; programs for individuals or group information and enjoyment, such as books, discussion groups, music, creative writing, speakers and a distinct library setting. Library resources may be supplemented by the entire collection of local, regional and state libraries, law libraries and inter-library loan services. When appropriate, provisions shall be made for accommodation of inmates with visual and auditory deficits.
21.16. Staff. The jail facility shall assign a staff member to coordinate and supervise the library and its services. The number of staff required for this function may vary dependent upon the number of inmates involved in the program.
21.17. Pre-trial intervention program. When a pre-trial intervention program, diversion program, pre-trial release program or paroles program is conducted in the jail facility, sufficient staff, space and equipment shall be provided to meet the needs of the particular program.
W. Va. Code R. § 95-1-22 Release Preparation
22.1. Release preparation. A program of release preparation to prepare inmates for release from the jail facility shall be available to all inmates.
22.2. Work and educational programs. Inmate participation in work or educational release programs shall be allowed in accordance with the West Virginia Code and applicable rules.
22.3. Separation from the general population. Inmates who are participating in work or educational release programs shall be separated from inmates in the general population.
W. Va. Code R. § 95-1-23 Citizen Involvement and Volunteers
23.1. Citizen involvement. The involvement of citizens in the delivery of inmate programs may be permitted.
23.2. Volunteer coordination. A jail facility staff member shall be responsible for the coordination of the volunteer services program.
23.3. Lines of authority. Lines of authority, responsibility, and accountability for the volunteer services program shall be developed and communicated to jail facility staff and volunteers by the jail facility administrator.
23.4. Selection, screening and orientation of volunteers. The volunteer service program shall include procedures for the selection, screening and orientation of volunteers to the unique area of service to an inmate population. Recruitment from all cultural and socioeconomic segments of the community shall be encouraged.
23.5. Identification. A system which provides for the easy identification of volunteers while they are within the jail facility shall be provided.
23.6. Written contract. Each volunteer shall sign a written agreement to abide by all applicable facility policies, with specific reference to policies related to jail facility security and confidentiality of inmate information.
23.7. Professional services. Volunteers shall perform professional services only when properly licensed.
23.8. Level of involvement. The curtailment, postponement or discontinuation of the services of an individual volunteer or a volunteer group shall be within the discretion of the jail facility administrator.
W. Va. Code R. § 95-1-24 Glossary
24.1. Audit. An audit is the examination of jail facility records or accounts to check their accuracy; an audit is conducted by a person not directly involved in the creation or maintenance of the records or accounts. An independent audit will result in an opinion which will either affirm or disaffirm the accuracy of records or accounts. An operational or internal audit usually results in a report to management within the agency which is not shared with persons outside the agency.
24.2. Administrative segregation. Administrative segregation is a form of separation of an inmate from the general population and is authorized by the classification committee or other authorized group when the continued presence of an inmate in the general population poses a serious threat to life, property, the inmate, staff or other inmates, or the security or orderly management of the jail facility. Inmates may be placed in administrative segregation pending investigation or trial for a criminal act or pending transfer. Cross reference, protective custody and segregation.
24.3. Booking. As a police administrative action, booking is the official recording of an arrest and the identification of the person, the time, the arresting authority and the reason for the arrest of a person. As a jail facility procedure, booking is the procedure for the admission of a person to the jail facility; it includes a physical search of the person and his or her possessions, the taking of fingerprints and photographs, the conduct of interviews for medical history and personal history, the inventory and storage of personal belongings, and the assignment of the person to a housing area.
24.4. Chemical agent. An active substance, such as tear gas or pepper gas, used to deter behavior which may cause personal injury or property damage.
24.5. Classification. A process by which the security needs and requirements, appropriate housing assignment, and program needs for incarcerated persons is determined.
24.6. Contraband. Any item in the possession of an inmate or found within the boundaries of a jail facility which is declared illegal by law or not specifically approved for possession by an inmate by those legally charged with the administration of a jail facility.
24.7. Disciplinary hearing. A nonjudicial, administrative procedure to determine if substantial evidence exists to find an inmate guilty of a violation of a jail facility rule.
24.8. Disciplinary detention. A form of separation from the general population during which an inmate who has committed a violation of a rule is confined by the disciplinary hearing officer or other authorized body for a short period of time to an individual cell. Placement in detention may occur only after a finding of a rule violation at an impartial hearing. Cross reference, protective custody and segregation.
24.9. Educational release. A custody status under which an inmate is permitted to leave a jail facility to attend school in the community and return to the jail facility after school hours.
24.10. Emergency. A significant disruption of normal jail facility procedure, policy, or activity caused by a riot, a strike, an escape, a fire, a natural disaster or other serious incident.
24.11. Facility Administrator. Any official, regardless of local title (e.g., sheriff, chief of police, jail administrator, warden, superintendent) who has the ultimate responsibility for managing and operating the local detention facility.
24.12. Grievance. A written complaint filed by an inmate with the facility administrator concerning personal health and welfare or the operations and services of the facility.
24.13 Holidays. All days legally designated as non-workdays by statute or by the chief governing authority of a jurisdiction.
24.14. Inmate. A person, whether charged with an offense or convicted of an offense, who is confined in a jail facility by order of a court of competent jurisdiction.
24.15. Inmate records. Information concerning the individual's personal, criminal and medical history, behavior and activities while in custody, including commitment papers, court orders, personal property receipts, visitors lists, photographs, fingerprints, notations of disciplinary infractions and actions, grievances, and miscellaneous notes, writings or documents.
24.16. Jail facility. A confinement facility which holds persons detained pending trial and/or persons sentenced to terms of incarceration upon conviction for violations of criminal codes.
24.17. Protective custody. A form of separation from the general population for inmates who request or require protection from other inmates for reasons of health or safety. Cross reference, administrative segregation and disciplinary detention.
24.18. Segregation. The confinement of an inmate to an individual cell or sleeping room that separates that inmate from the general population of the jail facility. Cross reference, administrative segregation, disciplinary detention, and protective custody.
95CSR1
Series 01 WV Minimum Standards For Construction, Operation, And Maintenance Of Jails (See 2/04/94 filing)
W. Va. Code R. § 95-1-1 General
1.1. Scope. This legislative rule establishes minimum standards and procedures for jail facilities in West Virginia. The standards as developed for construction, operation and maintenance of jail facilities only apply to jail facilities completed after April 5, 1988, but shall serve as guidelines for any jail facility in operation before that date.
1.2. Authority. W. Va. Code '31-20-9.
1.3. Filing date. March 27, 1996.
1.4. Effective date. June 3, 1996.
1.5. Repeal of former rule. This legislative rule repeals and replaces 95CSR1 "West Virginia Minimum Standards for Construction, Operation, and Maintenance of Jails" which was filed on March 28, 1995 and which became effective on March 28, 1995.
W. Va. Code R. § 95-1-2 Administration, Organization, And Management
2.1. Philosophy, goals and policies. A written statement shall be prepared by the authority having jurisdiction that describes the philosophy, goals and policies of the facilities under its control, and which is reviewed annually and updated as necessary. This statement shall be made available to staff, inmates and the general public.
2.2. Jail Administrator. The jail facility shall be managed by a single administrator to whom all employees or units of management are responsible.
2.3. Appointment. The jail facility administrator shall be appointed by the chief executive officer or governing board of the authority having jurisdiction.
2.4. Qualifications. The educational, operational and administrative qualifications of the jail facility administrator shall be stated in writing and include, at a minimum, a bachelor's degree and/or three years of experience and training at the supervisory level.
2.5. Term. The term of the jail facility administrator shall be continuous, except for assignment to a position of equal responsibility, and may be terminated by the appointing authority only for good cause, and if requested, subsequent to a formal and open hearing on specific charges.
2.6. Outside agencies. There shall be policy which is reviewed annually which specifies the roles and functions of employees of other agencies which provide a service to the jail facility.
2.7. Organization subunits. There shall be a written plan with an organization chart which describes the facility's organization structure and which groups similar functions, services and activities into administrative subunits. This plan shall be reviewed at least annually and updated as needed.
2.8. Operations manual. There shall be a written operations manual that delineates the procedures for operating and maintaining the jail facility. The operations manual shall be made available to employees, reviewed annually and updated as needed.
2.9. Legal assistance. Legal assistance shall be available to the administrator and other staff as needed in the performance of their duties.
2.10. Authority to release. When the facility is designated to operate any type of pretrial intervention service or other release program, its authority and responsibility is stated by statute or administrative regulation.
W. Va. Code R. § 95-1-3 Fiscal Management
3.1. Budgetary system. The budgetary system shall link operations and activities to the cost necessary for their support.
3.2. Fiscal system. The fiscal system shall account for all income and expenditures on an ongoing basis.
3.3. Accounting procedures. The methods used for collection, safeguarding and disbursement of monies shall comply with accounting procedures established by the appropriate jurisdiction.
3.4. Minimum policies. The jail facility shall have written policies and procedures approved by the parent agency that includes, at a minimum:
a. Internal controls;
b. Petty Cash procedures;
c. Bonding for all appropriate staff;
d. Signature control on checks;
e. Handling of inmate funds;
f. Employee expense reimbursement; and, g. Issuance or use of vouchers.
3.5. Audit. The jail facility or its parent agency's fiscal process shall include an external financial audit of the jail facility at time periods stipulated by applicable statutes and/or rules.
3.6. Inventory. There shall be inventory control of property, stores and other assets. The inventories shall be conducted at time periods stipulated by applicable statutes, however, they should not exceed every two (2) years.
3.7. Insurance coverage. Each jail facility shall maintain insurance coverage which includes, at a minimum: Worker's compensation, civil liability, liability for official vehicles, and a public employee blanket bond.
3.8. Personnel assessment. Budget policy and procedure shall provide for an annual assessment of presently assigned positions and future personnel needs required to meet jail facility objectives.
W. Va. Code R. § 95-1-4 Personnel
4.1. Selection, retention, and promotion. The selection, retention, and promotion of all personnel shall be on the basis of merit and specified qualifications.
4.2. Psychological testing. All jail facility personnel who have direct contact with inmates shall undergo psychological testing prior to their employment and when a justifiable need exists during their employment, to determine their suitability for appointment and retention. The testing shall include, but not necessarily be limited to, measurements of basic attitudes and tendencies toward honesty and against unprovoked acts of personal violence and shall be administered, scored and interpreted by, or under the supervision of, a licensed psychologist.
4.3. Affirmative action. Each jail facility shall maintain a program of affirmative action and equal employment opportunities.
4.4. Criminal record check. In accordance with state and federal statutes, a criminal records check and complete background investigation shall be conducted on all new employees to ascertain whether there are criminal convictions or other information in the applicant's background which have a specific relationship to job performance and their ability to perform.
4.5. Physical examination. A physical examination of all employees by a physician at the time of employment is required. The examination may not be used in violation of the requirements of federal legislation related to employment of disabled persons. Provision shall exist for reexamination of applicants or employees when indicated.
4.6. Probationary employees. There shall be a procedure governing probationary employment. New or promoted employees are appointed initially for a probationary period of one year. After successful completion of the initial probationary period, employees shall be granted permanent status.
4.7. Job classification. A job classification or post audit system shall exist which is linked to the salary and benefit compensation plan.
4.8. Personnel policy manual. There shall be a personnel policy manual. A copy of this manual shall be available to each employee for examination and review during employee orientations. A signed statement shall be obtained from each employee, to be kept in their personnel files, certifying their understanding of the manual and its contents. The manual shall include, at a minimum, the following areas:
a. Organization structure;
b. Recruitment and selection procedures;
c. Equal employment opportunity provisions;
d. Job qualifications, descriptions and responsibilities;
e. Job classification plan;
f. Wage and benefit plan;
g. Holidays, leave and work hours;
h. Policies and procedures related to personnel records;
i. Performance evaluation procedures;
j. Promotion, retirement, resignation, layoff and termination procedures;
k. Employee/management relations;
l. Physical fitness policy;
m. Disciplinary procedures;
n. Grievance and appeal procedures; and, o. Insurance and professional liability provisions.
4.9. Conflict of interest. Employees shall not use their official position to secure privileges for themselves or others or engage in activities that constitute a conflict of interest.
4.10. Disciplinary investigations. A staff person charged with alleged maltreatment of an inmate shall not work directly with any inmate until and investigation is completed.
4.11. Disciplinary actions. Disciplinary actions against employees shall be consistent with Division of Personnel policies and in accordance with chapter twenty-nine of the code; disciplinary actions shall be subject to the policies and procedures of the Education and State Employees Grievance Board created by W. Va. Code '29-6a-5.
4.12. Annual evaluation. A written performance evaluation of all employees, based on defined criteria related to job performance shall be provided at least annually. The evaluation criteria shall bear a direct relationship to the skills, knowledge areas, aptitudes and personal characteristics defined in the job description. Employees shall review and discuss the performance evaluation with the person who completes it. If an employee disagrees with the evaluation, they shall have an opportunity to express their opinions in writing; their statements shall be included in their personnel file.
4.13. Transfer, assignment and selection. Procedures shall provide for the transfer, assignment and selection of employees on the basis of facility need and the ability of the employee to perform the job.
4.14. Emergency Medical Technician. There shall be at least one medically trained employee of at least emergency medical technician licensure, available at all times on each shift. (See section 14.13 of this rule also)
4.15. Provisional appointments. Resources shall provide for provisional appointments and/or reserve correctional officers to ensure the availability of trained personnel for short-term, full-time or part-time work in special or emergency situations.
4.16. Personnel records. The jail facility administrator or the parent agency shall maintain a current, accurate and confidential personnel record for each employee.
4.17. Record confidentiality. Written policy and procedure shall provide for the confidentiality of the personnel record and restrict its availability to the employee who is the subject of the record, to administrators and supervisors directly responsible for the employee, and to other personnel who need the information for the performance of their duties.
4.18. Record correction. Provisions shall be available to any employee to challenge information in their personnel files and shall include a process for correction or removal of inaccuracies.
W. Va. Code R. § 95-1-5 Training And Staff Development
5.1. Program supervision. The training program of each jail facility for all employees shall be specifically planned, coordinated, and supervised by a qualified employee at a supervisory level; in jail facilities of over one hundred (100) employees, this person shall be employed full time for this purpose.
5.2. Supervisory training. The individual coordinating the training and staff development program shall receive specialized training for that position.
5.3. Training curriculum. A training curriculum shall be developed, evaluated, and updated based on an annual assessment that identifies current job-related training needs. The Regional Jail and Correctional Facility Authority is the approving agency.
5.4. Trainer certification. Any individual providing pre-service, in-service, or basic training for correctional staff shall be certified as a correctional trainer by the Regional Jail and Correctional Facility Authority.
5.5. Outside resources. The training and staff development program shall use the resources of other public and private agencies, private industry, colleges, libraries and reference services to complement the program.
5.6. Budget. The budget shall include funds for compensating staff for additional time spent in training, or for replacement personnel required when regular personnel are off duty for training purposes.
5.7. New clerical/support employees. All new clerical/support employees who have minimal inmate contact shall receive at least forty (40) hours of orientation and approved training during their first year of employment. Twenty-four (24) of these hours shall be completed prior to being independently assigned to a particular job. All persons in this category shall be given at least an additional eight (8) hours of training during each subsequent year of employment. The Regional Jail and Correctional Facility Authority is the approving agency.
5.8. New clerical/support employees. All new clerical/support employees who have regular daily inmate contact shall receive at least forty (40) hours of orientation and approved training during their first year of employment. Twenty-four (24) of these hours shall be completed prior to being independently assigned to a particular job. They shall be given at least an additional sixteen (16) hours of training each subsequent year of employment. The Regional Jail and Correctional Facility Authority is the approving agency. At a minimum, this training shall cover the following areas:
a. Security procedures and regulations;
b. Rights and responsibilities of inmates;
c. All emergency procedures;
d. Interpersonal relations;
e. Communication skills; and, f. First aid.
5.9. New correctional officers. All new correctional officer personnel shall receive at least one hundred twenty (120) hours of approved orientation and training during their first year of employment. The Regional Jail and Correctional Facility Authority is the approving agency. Forty (40) of these hours shall be completed prior to being independently assigned to a particular post. All persons in this category shall be given an additional forty (40) hours of training each year thereafter. At a minimum, this training shall cover the following areas:
a. Security and search procedures;
b. Use of force regulations and tactics;
c. Supervision of inmates;
d. Report writing;
e. Inmate and staff rules and regulations;
f. Rights and responsibilities of inmates;
g. All emergency procedures;
h. Interpersonal relationships;
i. Social/cultural life style of the inmate population;
j. Communication skills; and, k. First aid.
5.10. Administrative and managerial staff. The jail facility's administrative and managerial staff shall receive at least forty (40) hours of orientation if they are new to the jail facility and at least eight (8) hours of management training each year thereafter. This training shall cover, at a minimum, the following:
a. General management and related subjects;
b. Decision making processes;
c. Labor law, employee/management relations;
d. The interaction of elements of the criminal justice system; and, e. Relationships with other service agencies.
5.11. Emergency Response Unit. When there is an emergency response unit, all officers assigned to that unit shall receive forty (40) hours of training relative to the unit's purpose and function prior to their assignment.
5.12. Weaponry and chemical agents. All personnel authorized to use firearms or chemical agents shall be trained in weaponry and the use of chemical agents on a continuing, in-service basis, and are required to qualify annually.
5.13. Security personnel. All security personnel shall be trained in approved methods of self-defense and the use of force, including passive restraint, to control inmates.
5.14. Continuing education. The jail facility administration shall encourage employees to continue their education and provide reimbursement to employees attending professional meetings, seminars and similar work-related activities as approved by the administrator.
W. Va. Code R. § 95-1-6 Management Information and Research
6.1. System of information. The facility shall contribute to, have access to, and use an organized system of information storage and retrieval relative to both inmate and operational needs.
6.2. Security. Policies and procedures shall govern the security of the information and data collection system, including certification, access to data, and protection of the privacy of all inmates under the jurisdiction of the agency.
6.3. Collaboration. The facility, or its parent agency, shall collaborate with criminal justice and service agencies in information gathering, exchanges and standardization.
6.4. Inmate population accounting. There shall be an inmate population accounting system which includes records on the admission, processing and release of inmates.
6.5. Annual evaluation. There shall be at least annual evaluations of jail facility programs and services to determine progress toward achieving previously identified objectives.
6.6. Research. Written policy and procedure governing the conduct of research shall comply with state and federal guidelines for the use and dissemination of research findings and with accepted professional scientific ethics.
6.7. Inmate participation. Written policy and procedure shall govern voluntary inmate participation in non-medical, non-pharmaceutical and non-cosmetic research.
W. Va. Code R. § 95-1-7 Inmate Records
7.1. Booking. Inmate booking information shall be recorded for every person admitted to the facility and include at least the following data, unless prohibited by law:
a. Fingerprints;
b. Photograph;
c. Booking number;
d. Name and aliases of person;
e. Current address (or last known address);
f. Date, duration of confinement, and copy of court order or other legal basis for commitment;
g. Name, title and signature of delivering officer and arresting officer;
h. Specific charge(s);
i. Sex;
j. Age;
k. Date of birth;
l. Place of birth;
m. Race;
n. Present or last place of employment;
o. Health status, including any current medical or mental health needs;
p. Emergency contact (name, relationship, address and phone number);
q. Telephone calls made by the inmate at time of admission;
r. Driver's license and social security numbers;
s. Notation of case and all property; and t. Additional information concerning special custody requirements, service needs, or other identifying information such as birthmarks or tattoos.
7.2. Case record management. Case record management shall include, but is not limited to, the establishment, utilization, content, privacy, security and preservation of records, and a schedule for the retirement or destruction of inactive case records. These procedures shall be reviewed annually.
7.3. Custody records. The facility shall maintain custody records on all inmates committed or assigned to the facility, that contain, but are not limited to, the following:
7.4. Format. The contents of inmate records shall be identified and separated according to an established format.
7.5. Case records. A current and accurate classification or case record shall be maintained for each inmate committed to or housed in the facility. Procedures shall be established to safeguard legally privileged or confidential information. The records shall contain, at a minimum, the following:
a. Classification and reclassification decisions;
b. Reports of disciplinary actions, grievances, incidents and crimes committed while in custody;
c. Medical and mental health information relevant to the classification; and, d. Information on work or study release when applicable.
7.6. Identification system. The jail facility shall maintain a system which identifies all inmates in custody and their actual physical location.
7.7. Access to records. Those persons within the jail facility and other authorized persons who have direct access to inmate classification or case records shall be defined.
7.8. Release of information. The administration shall use a consent form which complies with applicable federal and state regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information, as required by statute or regulation, and a copy of the form shall be maintained in the inmate's case record.
W. Va. Code R. § 95-1-8 Physical Plant
8.1. General. All new jail facilities shall be designed, constructed, maintained and operated in accordance with the rules promulgated by the State Fire Commission in State Fire Code 87CSR1. All existing jail facilities must comply with the provisions of State Fire Code 87CSR1.
8.2. Safety of occupants. Because the safety of all occupants in all detention and correctional facilities cannot be adequately assured solely by a dependence upon evacuation from the building, their protection from fire shall be provided by appropriate arrangement of facilities, an adequately trained staff, and careful development of operating, security, and maintenance procedures to include the following:
a. Proper design, construction and compartmentalization;
b. Provisions for fire detection, alarms and extinguishment;
c. Fire prevention programs which include planning, training, and drills covering such protective activities as: Isolation of the fire; transfer of occupants to areas of refuge; and evacuation of the facility or measures for in-place protection of the occupants; and, d. Security provisions to the degree necessary to provide for the safety of both the occupants of the facility and the general public.
8.3. State Fire Marshal review. Plans and specifications for all new jail facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
8.4. State Fire Marshal certificate. No facility shall be occupied until a certificate of occupancy is issued by the State Fire Marshal's office.
8.5. Activity areas. All activity areas shall have sufficient air circulation (at least ten (10) cubic feet of outside or filtered air per minute per occupant), lighting and sanitary facilities. These areas include multipurpose rooms, recreation areas for inmates, or work areas for staff. Temperatures shall be maintained appropriate to the summer and winter comfort zones with consideration for the activity performed.
8.6. Inmate booking and release area. The inmate booking and release area shall be located inside the security perimeter, but outside inmate living quarters, and have the following facilities:
a. Booking area;
b. Security vestibule or sally port;
c. Access to drinking water;
d. Shower facilities;
e. Secure storage for inmate's personal property;
f. Telephone facilities;
g. Private interview space(s);
h. Temporary holding rooms with sufficient fixed seating for all inmates at its rated capacity; and, i. Operable toilets and wash basins.
8.7. Double Bunking of Inmates. Double bunking of inmates is permitted to the extent that the practice does not violate federal law or standards.
8.8. Floor space. All single rooms or cells in detention facilities shall have at least seventy (70) square feet of floor space.
8.9. Environment. All rooms or cells shall have access to the following facilities and/or conditions;
a. A toilet above floor level which is available for use without staff assistance twenty-four (24) hours a day;
b. A wash basin and drinking water;
c. Hot and cold running water;
d. A bed above floor level, a desk or writing surface, a clothes hook or closet space, and appropriate seating;
e. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming areas. (In additions to existing jail facilities and in new jail facilities, the lighting shall be both inmate and centrally controlled);
f. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;
g. Temperatures appropriate to the summer and winter comfort zones;
h. Noise levels not exceeding seventy (70) decibels in daytime and forty-five (45) decibels at night; and, i. Natural lighting.
8.10. Multiple occupancy. Where used, multiple occupancy rooms shall house no more than fifty (50) inmates each. Inmates shall be screened prior to admission to determine their suitability to group living. Multiple occupancy rooms shall provide for the following:
a. Continuous observation by staff;
b. A minimum floor area of fifty (50) square feet per occupant in the sleeping area and a clear floor to ceiling height of not less than eight (8) feet;
c. Toilet and shower facilities with a minimum of one operable toilet and one shower for every eight (8) occupants;
d. One operable wash basin with hot and cold running water for every six (6) occupants;
e. Natural lighting;
f. Beds above floor level, a desk or writing surface, appropriate seating;
g. A locker for each occupant;
h. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;
i. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;
j. Temperatures appropriate to the summer and winter comfort zones; and, k. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.
8.11. Segregation rooms. Segregation rooms shall provide living conditions which approximate those of the general inmate population. Any exceptions shall be clearly documented. Segregation housing units shall provide for the following:
a. Single occupancy rooms or cells with a floor area of at least seventy (70) square feet;
b. A bed above floor level, a desk or writing space and appropriate seating;
c. Continuous access to toilet facilities above the floor level;
d. Hot and cold running water;
e. Natural light;
f. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;
g. Air circulation of at least ten (10) feet of outside or recirculated, filtered air per minute per occupant;
h. Temperatures appropriate to the summer and winter comfort zones; and, i. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.
8.12. Communication. A room used for segregation shall permit inmates assigned to it to communicate with staff and have a door which permits observation by staff.
8.13. Continuous staff observation. When seriously ill, mentally disordered, injured or non-ambulatory inmates are held in the facility, there shall be at least one single-occupancy cell or room for them which provides for continuous staff observation.
8.14. Sleeping quarters. When both males and females are housed in the same facility, they shall be provided separate sleeping quarters which are separated visually and acoustically.
8.15. Perimeter security. The security perimeter shall be secured in a manner which provides that inmates remain within the perimeter and that access by the general public is denied without proper authorization.
8.16. Storage security. Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment and the equipment shall be located in an area which is readily accessible to authorized persons only.
8.17. Security Vestibules/Sally ports. There shall be security vestibules or sally ports between inmate areas and areas accessible to the public.
8.18. Day room. There shall be a separate day room or leisure time space for each cell block or detention room cluster, with space equivalent to a minimum of thirty-five (35) square feet per inmate.
8.19. Exercise areas. Space outside the cell or room shall be provided for inmate exercise. Indoor and outdoor exercise areas shall be secure and available to all inmates. Outdoor areas shall have adequate space and equipment to permit regular outdoor sports activities. For jail facilities with bed capacity of more than one hundred (100) inmates, this area shall be increased in proportion to the inmate population and shall provide adequate opportunity for exercise. Indoor exercise programs may be conducted in a multipurpose room or day room: Provided, that the space is available and the location is acceptable. Indoor space shall be an area in which lighting, temperature and ventilation is artificially controlled.
8.20. Kitchen. When the jail facility provides food service, the kitchen shall have a minimum of two hundred (200) square feet of floor space.
8.21. Employee space. Consistent with the size of the facility, space shall be provided for administrative, professional and clerical staff, including conference rooms, an employee lounge, a storage room for records, a public lobby and toilet facilities.
8.22. Multipurpose room. There shall be at least one multipurpose room available for inmate activities such as religious services, education programs, or visiting.
8.23. Janitor closet. A room or closet equipped with a sink shall be provided for the storage of cleaning supplies and equipment.
8.24. Storage space. Storage space shall be provided for clothing, bedding and facility supplies.
8.25. Storage of personal property. Space shall be provided for the secure storage of inmates' personal property.
8.26. Maintenance and repairs. There shall be a written plan for preventive maintenance of the physical plant with provisions for emergency repairs or replacement of equipment. This plan shall be reviewed annually and updated if needed.
8.27. Accessibility. A new jail facility shall be geographically accessible to criminal justice agencies, community agencies and inmates' lawyers, families and friends.
8.28. Layout. The jail facility shall be designed and constructed so that inmates can be separated according to existing laws and regulations, or according to the facility's classification.
8.29. Disabled inmates. Disabled inmates shall be housed in a manner which provides for their safety and security. Cells or housing units used by them shall be designed in accordance with the American National Standards Institute (ANSI) Standard A117, and provide the maximum possible integration with the general population. Appropriate institutional programs and activities shall be accessible to disabled inmates confined in the jail facility.
8.30. Disabled visitors. All parts of the facility which are accessible to the public shall be accessible to and usable by disabled persons.
W. Va. Code R. § 95-1-9 Safety and Emergency Procedures
9.1. Policies and procedures. Written policies and procedures shall be adopted which specify the jail facility's fire prevention regulations and practices. For purposes of clarification and identification these procedures and standards of fire prevention are divided into two (2) classifications:
a. General requirements applicable to all occupancies covered by the State Fire Code; and, b. Specific detention and correctional occupancies.
9.2. General requirements. The following includes the general requirements applicable to all occupancies covered by the State Fire Code.
9.2.1. Construction, repair and improvement operations. Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, ladders or other approved means or devices arranged in accordance with the general principles of the State Fire Code insofar as they can reasonably be applied to buildings under construction. Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building of normally low or ordinary hazard classification while the building is occupied only if the conditions of use and safeguards provided are such as not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.
9.2.2. Reliability of means of egress. Every required exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.
9.2.3. Furnishings and decorations. Furnishings and decorations in the means of egress are subject to the following:
a. No furnishings, decorations, or other objects shall be so placed as to obstruct exits, access thereto, egress therefrom, or visibility thereof;
b. Hangings or draperies shall not be placed over exit doors or conceal or obscure any exit. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit; and, c. There shall be no obstruction by railing, barriers, or gates that divide the open space into sections appurtenant to individual rooms, apartments, or other uses. Where the jail facility administrator having jurisdiction finds the required path of travel to be obstructed by furniture or other movable objects, he or she may require that railings or other permanent barriers be installed to protect the path of travel against encroachment.
9.2.4. Equipment maintenance and testing. Equipment maintenance and testing shall include the following:
a. Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door, and other item of equipment required by this rule shall be continuously maintained in proper operating condition;
b. Any equipment requiring testing or periodic operation to assure its maintenance shall be tested or operated as specified elsewhere in this rule or as directed by the authority having jurisdiction;
c. Systems shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and who has general charge of all alterations and additions;
d. Systems shall be tested at intervals recommended by the appropriate section of State Fire Code 87CSR1;
e. All automatic sprinkler systems required by State Fire Code 87CSR1 shall be continuously maintained in operating condition at all times, and such periodic inspections, tests and maintenance shall be conducted as is necessary to assure proper operation; and, f. Fire alarm signaling and detection equipment shall be restored to service as promptly as possible after each test or alarm and shall be kept in normal condition for operation.
9.2.5. Furnishings, decorations and treated finishes. Furnishings, decorations and treated finishes are subject to the following:
a. Draperies, curtains and other similar furnishings and decorations shall be flame resistant where required by the applicable provisions of State Fire Code 87CSR1. The materials required in this section are to be tested in accordance with Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA701 and shall comply with both the small and large-scale tests;
b. Furnishings or decorations of an explosive or highly flammable character shall not be used; and, c. Fire retardant paints or solutions shall be renewed at such intervals as necessary to maintain the necessary flame retardant properties.
9.2.6. Fire Exit Drills. Fire drills are subject to the following requirements:
a. Fire exit drills conforming to the provisions of State Fire Code 87CSR1 shall be regularly conducted in occupancies where specified by that rule;
b. Fire exit drills, where required by the authority having jurisdiction, shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine;
c. Responsibility for the planning and conduct of drills shall be assigned only to competent persons qualified to exercise leadership;
d. In the conduct of drills, emphasis shall be placed upon orderly evacuation under proper discipline rather than upon speed;
e. Drills shall include suitable procedures to make sure all persons in the building, or all persons subject to the drill, actually participate; and, f. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions prevalent in case of fire.
9.3. Detention and correctional occupancies. The following includes those requirements specifically directed to detention and correctional occupancies.
9.3.1. Attendants, evacuation plan, fire exit drills. Attendants, evacuation plan, and fire exit drills shall include the following:
a. Detention and correctional facilities, or those portions of facilities having such occupancy, must be provided with twenty-four (24) hour staffing on any floor level having residency and located within one hundred (100) feet (30.48m) of the access to any housing area. Under Use Conditions III, IV and V, as defined in State Fire Code 87CSR1 for classification of correctional occupancies, audio monitoring shall be provided for every sleeping space;
b. The jail facility administrator of every detention and correctional facility shall have in effect and provide to all supervisory personnel, written copies of a plan for protection of all persons in the area in event of fire and for their evacuation to areas of refuge and from the building where necessary. All employees shall be periodically instructed and kept informed of their duties under the plan;
c. Books, clothing and other combustible personal property allowed in sleeping rooms shall be stored in closeable metal lockers or fire resistant containers; and, d. The number of heat producing appliances (such as toasters, hot plates, etc.) and the overall use of electrical power within a sleeping room will be controlled by the jail facility administration.
9.3.2. Furnishings and decorations. Furnishings and decorations are subject to the following requirements:
a. Furnishings and decorations in detention and correctional occupancies shall be in accordance with State Fire Code 87CSR1;
b. Combustible decorations are prohibited in any detention or correctional occupancy unless flame retardant;
c. Wastebaskets and other waste containers shall be of noncombustible or other approved materials;
d. Furnishings, such as mattresses and upholstered or cushioned furniture shall not be of a highly flammable character; and, e. Window draperies, curtains for decoration or acoustical purposes and privacy curtains shall be non-combustible or rendered and maintained flame resistant as per Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA701.
9.3.3. Keys. All keys necessary for unlocking doors installed in means of egress shall be individually identified by both touch and sight.
9.3.4. Storage of flammable, toxic and caustic material. Written policy and procedures shall govern the storage and use of all flammable, toxic, and caustic materials which ensure that inmates are never in possession of items such as lye, insecticide, anti-freeze and denatured alcohol, unless they are under constant supervision by qualified personnel. Such material shall be stored in secure areas which are inaccessible to inmates; a prescribed system shall be used to account for their distribution.
9.3.5. Fire and safety officer. A staff member with appropriate training shall be appointed as Fire and Safety Officer. This officer is responsible for monthly inspection of the facility, development of Standing and Emergency Operating Procedures relating to fire safety and for staff training in fire safety.
9.3.6. Inspection. Each facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
W. Va. Code R. § 95-1-10 Sanitation and Hygiene
10.1. Responsibility. Jail facility authorities shall maintain the facility in a condition that is clean, healthful and sanitary and which conforms to all applicable health laws and rules. The use and possession of tobacco, tobacco products and tobacco-like products shall be prohibited in all jail facilities and all facilities jointly operated by the Regional Jail & Correctional Facility Authority and the Division of Corrections.
10.2. Maintenance. Jail facility authorities shall develop and implement a plan for the maintenance of all areas of the jail facility at an acceptable level of cleanliness and sanitation. The plan shall provide for a regular schedule of housekeeping tasks and inspections which shall include, but not be limited to, the following:
a. The daily cleaning of toilets, sinks and showers;
b. The daily cleaning of floors;
c. The emptying and cleaning of receptacles provided for refuse each day and provision for adequate trash removal;
d. The scrubbing and rinsing of each living unit, washing of windows, cleaning of janitors' closets, and dusting of bars, screens and ledges on a regular basis;
e. The contracting of extermination services to be performed with sufficient frequency and thoroughness to keep the jail facility free from insects and vermin. Services shall include, at a minimum, monthly inspections by a qualified person; and, f. The cleaning and sanitary maintenance of all kitchen areas and all kitchen equipment.
10.3. Inspections. There shall be regular sanitation inspections of all jail facility areas by a designated staff member; at least annual inspections by federal, state and/or local sanitation and health officials, or other qualified person(s); and, compliance with all applicable laws and rules of the governing jurisdiction.
10.4. Water supply. The water supply and plumbing fixtures shall meet all applicable codes and be maintained in operable and sanitary condition. Water samples from both drinking and waste water shall be tested periodically to ensure that the jail facility's water meets all applicable laws. The facility shall provide hot and cold running water.
10.5. Cleaning equipment. Inmates shall be provided sufficient cleaning equipment to maintain their cells in a clean condition.
10.6. Floors. Jail facility floors shall be kept clean, dry, and free of hazardous substances. Floors shall be inspected regularly throughout the day for cleanliness. Particular attention should be given to potentially hazardous areas, such as showers, kitchens, detoxification rooms, boiler and furnace rooms.
10.7. Personal hygiene items. The jail facility shall provide each inmate, as part of the admission process, and thereafter as necessary, an adequate supply of soap, toothpaste, toilet paper, toothbrushes, combs, and feminine hygiene supplies. Timely access to shaving equipment shall also be provided.
10.8. Facility clothing. Clean, suitable, and presentable clothing shall be available to all inmates at all times. It is essential that inmates be provided clothing that is properly fitted, climatically suitable, durable, economical, easily laundered and repaired, and presentable to the extent that they do not provide such clothing themselves. Outer wear shall be available for recreation and work assignments.
10.9. Special clothing. Inmates shall be issued special, and where appropriate, protective clothing and equipment when participating in special work assignments. The clothing shall be available in quantities which permit exchange as frequently as the work assignment requires.
10.10. Bedding. Each inmate shall be provided with one clean, fire retardant mattress, two (2) clean sheets, a clean pillow and clean pillow case. Worn bedding and linen which are unfit for further use shall not be issued. Clean blankets shall be provided in a number appropriate to the season.
10.11. Towels. Each inmate shall be provided a clean towel and washcloth at least three (3) times a week.
10.12. Laundry of bedding. Laundry services shall be sufficient to permit the regular exchange of sheets and pillowcases at least weekly. Mattresses shall be cleaned or replaced as appropriate.
10.13. Laundry of clothing. Clean undergarments shall be provided daily and outer garments every other day, or as appropriate.
10.14. Recording. The issuance of all clothing and bedding shall be recorded to provide accountability for their use. Inmate accountability for clothing and bedding shall be specified in the Handbook of Inmate Rules and Conduct.
10.15. Supply. The clothing, linen, and bedding supply shall exceed that required for the maximum inmate population. This excess will allow for the replacement of items that are lost, destroyed or worn out.
10.16. Cleaning and storage of personal clothing. There shall be provision for cleaning and storage of inmate personal clothing. Prior to storage, inmate clothing shall be cleaned and/or disinfected to prevent the accumulation of odors and vermin.
10.17. Court appearance. Whenever the court so directs, inmates shall be permitted to wear personal clothing during court appearances.
10.18. Removal of linen and bedding. Linen and bedding shall be removed from an inmate's bed only under extreme circumstances such as to protect the inmate from self-injury. An action to remove linen or bedding shall be reviewed daily by the supervisor and the deprivation ended as soon as practical. A record shall be kept of all such actions taken.
10.19. Showers. There shall be sufficient facilities in the housing areas to permit inmates to shower or bathe upon admission to the facility and daily thereafter.
10.20. Water temperatures. Water temperatures for showers or bathing shall be thermostatically controlled to ensure the safety of inmates.
10.21. Access to water. Inmates shall have continuous access to a washstand with running hot and cold water.
10.22. Hair care. Hair care services and facilities shall be available to inmates. Hair shall be cut under sanitary conditions. The area used for hair care shall be located to permit observation by staff. Equipment shall be stored securely when not in use.
W. Va. Code R. § 95-1-11 Security and Control
11.1. Manual. Written policies and procedures for security and control, including procedures for emergencies, shall be contained in a manual which is available to all staff and is reviewed annually and updated as needed.
11.2. Control center. The jail facility shall maintain a control center.
11.3. Communication system. The jail facility shall have a communication system between the control center and the inmate living areas.
11.4. Alarm system. The jail facility shall have an emergency alarm system that is linked to the control center; signal devices shall be located throughout the facility.
11.5. Secure perimeter. All security perimeter entrances, control center doors and cell block doors which open into a corridor shall be kept locked except when in use for admission or exit of employees, inmates or visitors or during emergency conditions.
11.6. Electronic surveillance. When audio or visual electronic surveillance is used, it shall be located primarily in hallways, elevators, corridors or at points on the security perimeter, such as entrances and exits.
11.7. Immediate assistance. No staff member shall enter a high security cell block without the availability of immediate assistance from another staff member.
11.8. Inmate movement. Jail facility staff shall regulate inmate movement.
11.9. Personal interaction. Written policies and procedures shall facilitate personal contact and interaction between staff and inmates. Supervision of inmates shall be conducted by staff of the same sex whenever procedures require physical contact, examination or monitoring of personal hygiene activities.
11.10. Staffing. The jail facility shall have the staff needed to provide full coverage of designated security posts, full surveillance of inmates, and to perform all ancillary functions.
11.11. Emergency response. Correctional officers shall be located in or immediately adjacent to inmate living areas to permit officers to hear and respond promptly to emergency situations.
11.12. Observation. Written policies and procedures shall require that all high and medium security inmates shall be personally observed by a correctional officer at least every thirty (30) minutes, but on an irregular schedule. A schedule of observation at least every fifteen (15) minutes shall be required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior.
11.13. Daily record. The jail facility administration shall maintain a written daily record of the following:
a. Personnel on duty;
b. Inmate population count;
c. Admissions and release of inmates;
d. Shift activities;
e. Entry and exit of physicians, attorneys and other visitors; and, f. Unusual occurrences.
11.14. Daily inspections. Designated staff shall visit and inspect every area of the facility daily, including holidays and weekends, and report their findings in writing to designated officials with recommendations for action or with notations of action taken.
11.15. Weekly inspections. The jail facility administrator or his or her designee shall inspect all security facilities and devices at least weekly and initiate corrective action if needed.
11.16. Searches. Written policies and procedures shall provide for searches of facilities and inmates to control contraband and provide for its disposition and to develop recommendations for corrective action. Procedures shall provide that:
a. Manual or instrument inspection of inmate body cavities is conducted only when there is reason to do so and when authorized by the jail facility administrator or his or her designee;
b. Visual inspections are conducted only when there is a reasonable belief that the inmate is carrying contraband or other prohibited material;
c. Strip searches are done without specific authorization only upon entry to the facility and at all other times are based on articulated suspicion; and, d. All such inspections are conducted in privacy and manual or instrumental inspection of body cavities is done by medically trained personnel or correctional personnel trained by health care personnel.
11.17. Preservation of evidence. The procedures governing searches shall require the preservation of evidence when a new crime is suspected. Searches shall be authorized only by the administrator or his or her designee.
11.18. Search policy published. The jail facility's policy regarding searches for the control of contraband shall be published, made available to both staff and inmates, reviewed at least annually and updated if necessary.
11.19. Control of security equipment. Written policies and procedures shall govern the availability, control and use of firearms, ammunition, chemical agents, "stun guns", and related security devices, and require that sufficient security equipment is available to meet the jail facility's needs.
11.20. Storage of security equipment. The procedures shall provide that security equipment is stored in a secure but readily accessible depository located outside inmate housing and activity areas, and is inventoried at least monthly to determine condition and expiration dates, if any there be.
11.21. Use of weapons. Written policies and procedures shall be established regarding the use of weapons, and shall include federal and state requirements, weapons security, weapons instructions and inspections, use of deadly force, and other appropriate actions to be taken regarding life threatening situations. The policies and procedures shall include the following requirements:
a. Weapons are subject to stringent safety regulations and inspections;
b. The secure weapons locker is located outside the security perimeter of the facility;
c. Only during emergency situations are firearms and weapons, such as nightsticks or gas guns, permitted in areas to which inmates have access. At all other times, such weapons are maintained in areas to which inmates do not have access;
d. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee has reason to believe that a person's life is immediately threatened; and, e. Employees on duty only use firearms or other security equipment which have been issued through the jail facility and only when directed by or authorized by the jail facility administrator or his or her designee.
11.22. Written record. Each jail facility shall maintain a written record of both routine and emergency distribution of security equipment.
11.23. Written reports. Any employee who discharges a firearm, uses chemical agents or any other weapons, or uses force to control any inmate shall submit a written report to the jail facility administrator or his or her designee no later than the conclusion of his or her tour of duty.
11.24. Injuries. All persons injured in an incident shall receive an immediate medical examination and treatment, if required.
11.25. Incident reports. Written policies and procedures shall require prompt oral and written reporting of all incidents that result in physical harm to, or which threaten the safety of, any person in the facility, or which threaten the security of the facility.
11.26. Keys. Written policies and procedures shall govern the control and use of keys.
11.27. Tools. Written policies and procedures shall govern the control and use of tools, culinary and medical equipment.
11.28. Correctional/Security posts. There shall be written orders for every correctional/security post which are reviewed annually and updated if necessary.
11.29. Post orders. Procedures shall require that personnel read, sign and date the appropriate post orders each time they assume a new post.
11.30. Escapes. Procedures regarding escapes shall be available to all personnel, and shall be reviewed at least annually and updated if necessary.
11.31. Riots and other disturbances. There shall be plans that specify procedures to be followed in situations including, but not limited to, riots, hunger strikes, disturbances and the taking of a hostage. These plans shall be made available to applicable personnel, and reviewed and updated at least annually.
11.32. Mass arrests. There shall be procedures to be followed in the event of a mass arrest which results in the admission of inmates in excess of the maximum capacity of the jail facility.
11.33. Work stoppage. There shall be a written plan that provides for continuing jail facility operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, who are required to familiarize themselves with it.
11.34. Physical force. Written policies and procedures shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property and prevention of escapes, and only when it is necessary to control inmates and in accordance with appropriate statutory authority. In no event is physical force justifiable as punishment. Any employee who uses physical force shall prepare a written report of the incident and submit it to the jail facility administrator.
11.35. Mechanical restraints. Instruments of restraint shall be used only as a precaution against escape, during transfer or transport, for medical reasons by direction of the medical officer, and as a preventive measure against inmate self-injury, injury to others or property damage when there is approval from the facility administrator or his or her designee. They shall be applied for only the length of time necessary to regain control of the inmate.
11.36. Inmate authority. No inmate or group of inmates shall be given control or authority over other inmates.
11.37. Shift reports. Correctional staff members shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
11.38. Weekly inspection. The jail facility administrator or his or her designee, the chief correctional officer, and other department heads shall inspect the facility's living and activity areas at least weekly.
11.39. Transportation of inmates. When transportation is the responsibility of facility staff, written policies and procedures shall govern the transportation of inmates outside the facility.
11.40. Facility vehicles. Written policies and procedures shall govern the use and security of facility vehicles.
11.41. Personal vehicles. Written policies and procedures shall govern the use of personal vehicles for official purposes, including provision for insurance coverage.
W. Va. Code R. § 95-1-12 Special Management Inmates
12.1. Operation of segregation units. Written policies and procedures shall provide for the operation of segregation units for the supervision of inmates under administrative segregation, protective custody or disciplinary detention.
12.2. Immediate segregation. Only the facility administrator or his or her designee can order immediate segregation of an inmate and then only when it is necessary to protect the inmate or others.
12.3. Disciplinary detention. Inmates shall be placed in disciplinary detention for a rule violation only after a hearing by the appropriate committee, or hearing officer, and when no other available alternative dispositions are adequate to regulate the inmate's behavior within acceptable limits and the inmate's presence in the general population poses a serious threat to the orderly operation or security of the jail facility.
12.4. Administrative segregation. Inmates shall be placed in administrative segregation only after a hearing before the jail facility administrator or shift supervisor, classification committee, or other standing committee specifically designated for this purpose.
12.5. Administrative segregation hearing. Placement in administrative segregation should be preceded by the inmate receiving notice of intended placement, appearance at the hearing and an opportunity to present his or her case to the hearing officer(s).
12.6. Review of administrative segregation. The status of the inmate shall be reviewed at least every fifteen (15) days to determine whether the reasons for initial placement in segregation continue to exist. If the reasons do not, the inmate shall be released from segregation.
12.7. Release and appeal from administrative segregation. An inmate shall be released from administrative segregation by action of the appropriate committee with jurisdiction over the inmate's placement in this status, or an appeal to the jail facility administrator or appropriate supervisory authority.
12.8. Protective custody. An inmate shall be admitted to the segregation unit for purposes of protective custody only when there is documentation that protective custody is warranted and no reasonable alternatives are available. Protective custody shall be used only for short periods of time, except when an inmate needs long-term protection, and the facts are well documented. When an inmate consents to protective custody, his or her consent shall be fully documented with a consent form signed by the inmate. The inmate may at any time request reassignment to the general inmate population.
12.9. Review of protective custody. Inmates in protective custody shall have their status reviewed by the appropriate personnel at least every fifteen (15) days.
12.10. Appeal of protective custody. When inmates are placed in protective custody an appeal process shall be provided to the jail facility administrator or an appropriate supervisory authority.
12.11. Isolation. The responsible physician shall approve a plan guiding the use of restraints in isolation. For an inmate to be kept in isolation for more than twenty-four (24) hours, a physician or mental health professional shall determine upon evaluation that the inmate is a threat to himself or herself or others. Transfer of the inmate to a hospital or state institution may be appropriate. Isolation shall be reviewed as soon as possible by the jail facility supervisor but in no event later than six (6) hours after the initial placement in isolation. Inmates placed in isolation as a result of being out of control shall be released immediately upon their regaining self-control. An appeal process to the jail facility administrator or the appropriate supervisory authority shall be provided.
12.12. Isolation observation. A monitoring procedure shall be developed to require observation of inmates in isolation. The procedures shall include regular observations and at least an hourly recording of the behavior observed. The individual recording shall include the following information: the inmate's name; the date and hour of placement in isolation; the reason or basis for placement in isolation; the behavior exhibited while in isolation; the release time; any physical or mental problems or needs; and, any visits by health personnel.
12.13. Permanent log in segregation units. Staff members in any segregation unit shall maintain a permanent log. Admissions of all inmates to these units shall be recorded with the following information included for each inmate: the inmate's name; the inmate's number; the inmate's previous housing location; the date admitted; the type of infraction or reason for admission; the tentative release date; and, any special medical or psychiatric problems or needs. The log should be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.
12.14. Observation of potentially suicidal inmates. Inmates who are classified as potentially suicidal shall be continuously monitored which shall include a verbal exchange between the inmate and the monitoring staff. A recording of this monitoring shall be made and placed in the inmate's health record. High risk persons shall be placed on continuous observation.
12.15. Deprivation of authorized item or activity. Whenever an inmate in segregation is deprived of any usually authorized item or activity, a written report of the action shall be made and forwarded to the jail facility administrator. The report shall identify the inmate, the item or activity he or she was deprived of, and the reasons for the action. The report shall be forwarded to the chief security officer as soon as possible. If circumstances warrant the removal of all of an inmate's personal items, approval for this action shall be obtained in advance from the jail facility administrator or his or her designee. No item or activity shall be withheld longer than is necessary to ensure the inmate's safety and the well-being of the staff and other inmates. In no case shall an inmate be deprived of an item or activity for the purpose of punishment unless proper disciplinary process has been utilized.
12.16. Meals. Inmates in segregation shall receive the same meals as those served to the general population. Deprivation of food shall never be used as punishment.
12.17. Shower. Inmates in segregation shall have the opportunity to shave and shower daily. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, unless the activities present an undue security hazard.
12.18. Clothing, bedding, hair care service. The issuance and exchange of clothing, bedding and linen and laundry of those articles, barbering and hair care services shall be provided for inmates in segregation on the same basis as for inmates in the general population; exceptions to this rule are permitted only where found necessary by the senior officer on duty, and are recorded in the log required by section 12.13 of this rule and justified in writing. Inmates in segregation shall be afforded the same hygienic living conditions as the general inmate population.
12.19. Mail. Inmates in segregation shall be provided the same opportunities for the sending and receiving of letters as are available to the general inmate population. Letters shall be delivered promptly. If any item is rejected consistent with the policies and procedures for sending and receiving letters, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.
12.20. Visitation. Inmates in segregation shall be provided opportunities for visitation, unless there are substantial reasons for withholding such privileges. Every effort shall be made to notify the inmate and any approved visitors of any restrictions on visiting. This practice will avoid disappointment and unnecessary inconvenience for the visitors.
12.21. Telephone. Inmates in disciplinary detention shall be allowed limited telephone privileges, which consist of telephone calls related specifically to access to the judicial process and family emergencies as approved by the jail facility administrator or his or her designee. Inmates in administrative segregation and protective custody shall be allowed telephone privileges.
12.22. Legal materials. Inmates in segregation shall have access to both personal legal materials and to available legal reference materials. Reasonable arrangements shall be made to assist these inmates in meeting court deadlines.
12.23. Reading materials. Inmates in segregation shall have access to reading materials.
12.24. Exercise. Inmates in segregation shall be allowed the same opportunity for recreation as those in the general population unless specific temporary security restrictions are designated in writing by the jail facility administrator in advance.
12.25. Programs and services. Inmates in segregation shall be allowed to participate in facility programs to the same extent as the general inmate population, providing their participation is consistent with the safety and security of the facility and the community. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.
12.26. Visits from staff. Inmates in segregation shall receive daily visits from the chief security officer or the shift supervisor, members of the program staff upon request, or a qualified health care official three (3) times per week unless medical attention is needed more frequently.
12.27. Staffing of segregation units. Written policies and procedures shall govern selection criteria, supervision and assignment of staff who work with inmates on a regular and daily contact basis in segregation units. Procedures shall be established to supervise and evaluate the on-the-job performance of all staff members who work with inmates in segregation. Administrative procedures shall exist for promptly removing ineffective staff members from these positions. The need for reassignment shall be based on the intensity of the assignment.
W. Va. Code R. § 95-1-13 Food Service
13.1. Menu inspection. A qualified nutritionist shall inspect and approve menus in advance of adoption and make recommendations regarding diets to assure adherence to nationally recommended basic daily caloric and nutritional requirements.
13.2. Review. All menus, including special diets, shall be planned, dated, and available for review at least one month in advance; notations shall be made of any substitutions in the meals actually served. Substitutions shall be of equal nutritional value.
13.3. Temperature. Meals must be served at the appropriate temperature. There shall be at least two (2) hot meals a day.
13.4. Meal variety and nutrition. Meals must include variety and be nutritious. There shall be a rotation of at least four (4) weeks duration of planned menus prepared by a registered dietician under the direction of the food service provider.
13.5. Special diets. Special diets for medical and religious reasons shall be provided.
13.6. Management. A staff member experienced in food service management shall be responsible for food service management and operations.
13.7. Health protection. Adequate health protection shall be provided for all inmates and staff in the jail facility as well as inmates and other persons working directly in food service. All food handlers, the jail facility, and food preparation equipment shall meet all applicable health and safety standards. Inmate food handlers shall be required to receive a complete physical examination prior to job assignment.
13.8. Food service records. Records of daily menus shall be maintained; any deviations from planned menus shall be appropriately noted on the records. Records of inmates' refusal to eat shall be noted in their medical files.
13.9. Restriction. Restriction of food shall not be used as a disciplinary punishment.
13.10. Toilet and hand washing facilities. A toilet and hand washing facility shall be available to food service personnel and inmates assigned to work in the food service preparation area.
13.11. Regimentation. Meals shall be served under conditions which minimize regimentation, although supervision of group dining by staff members should be available. Meals shall not be served in cells unless it is necessary for purposes of safety and security or the inmate is under disciplinary, administrative or medical segregation. When a meal is served in a cell a small table or shelf and appropriate seating distanced from the toilet shall be provided.
13.12. Frequency. At least three (3) regular meals, at least two (2) of which are hot, shall be served at regular meal times during each twenty-four (24) hour period with no more than thirteen (13) hours between the beginning of the evening and breakfast meals.
13.13. Budgeting, purchasing and accounting. The food service operations shall use budgeting, purchasing and accounting practices that include, but are not limited to, the following systems:
a. Food expenditure cost accounting designed to determine cost per meal;
b. Estimation of food supply requirements;
c. Purchase of supplies at wholesale prices and under other favorable conditions, when possible;
d. Determination of and responsiveness to inmate eating preference; and, e. Refrigeration and storage of food with specific storage periods.
13.14. Equipment and dining area inspection. Inspection of food service and dining areas shall be subject to the following conditions:
a. Weekly general inspection of food service, dining and food preparation areas and equipment by a trained individual who shall maintain a record of such inspections;
b. Daily inspection of the sanitary condition and proper operation of temperature controlled food storage facilities for food supplies; and, c. Daily inspection of refrigerators and dish washing temperatures by food service personnel to assure that proper operating temperatures are maintained.
13.15. Documentation. Documentation shall be maintained that complies with health and safety regulations.
13.16. Utensils. All inmates shall be provided appropriate utensils and drinking cups with meals.
W. Va. Code R. § 95-1-14 Medical and Health Care Services
14.1. Right to medical care. All inmates shall have prompt access to necessary medical, dental and psychiatric care provided in a reasonable manner by licensed personnel.
14.2. Responsibility. Medical, dental and mental health decisions involving clinical judgements shall be the sole province of the responsible health care professional. The jail facility administrator shall provide administrative support for the availability of medical care to inmates and shall advise the health care professionals concerning jail facility security.
14.3. Responsible physician. A responsible physician shall be designated to approve health care policies, procedures and agreements which may include the use of emergency rooms in local hospitals. Each jail facility shall have agreements or provisions for twenty-four (24) hour coverage by an on-call physician. All physicians and dentists examining or treating inmates shall be licensed to practice in the State of West Virginia.
14.4. On site health authority. An on site health authority shall be designated and present at all times. The health authority may be a physician, physician's assistant, registered nurse, licensed practical nurse, nurse practitioner, paramedic, emergency medical technician, or a health trained staff member.
14.5. Medical autonomy and jail facility administration. Medical decisions shall be made only by the physician or his or her designee. It shall be made clear to the health authorities, that security rules which apply to non-medical jail facility staff also apply to health care staff. The jail facility administrator shall provide information and orientation concerning security rules to health care staff.
14.6. Duties and responsibilities. Appropriate state and federal licensure, certification or registration requirements and restrictions apply to personnel who provide health care services to inmates. The duties and responsibilities of medical care personnel shall be governed by written job descriptions approved by the responsible physician and the jail facility administrator. Verification of current credentials and job descriptions shall be on file in the jail facility. The provision of quality health care shall be ensured by the use of only qualified health care personnel to determine and supervise health care procedures. Written job descriptions shall include the qualifications required and the specific role in the health care delivery system of that position. Verification of qualifications may consist of copies of current certificates or licenses.
14.7. Administrative meetings and reports. There shall be meetings, at least quarterly, between the health care staff and the jail facility administrator to review and discuss health care programs in the jail facility. Notes of these meetings shall be kept by the jail facility administrator. The responsible physician shall submit quarterly reports on the health care delivery system and annual statistical reports. The report shall include topics such as the effectiveness of the health care delivery system, a description of any environmental factors which may require improvement, changes effected since the last report, and recommendations for corrective action if needed. The annual statistical report of inmate health care shall include the number and nature of sick call visits, diagnostic studies conducted, emergency services rendered, referrals to specialists, hospitalizations, special procedures performed, ambulance transports used, communicable diseases reported and deaths. The annual statistical report, along with an appraisal of the jail facility's health care system shall be submitted to the authority having jurisdiction over the jail facility by the responsible physician.
14.8. Review. Each policy, procedure and program in the health care delivery system shall be reviewed at least annually by the responsible physician and revised if necessary. Each policy or procedure document shall bear the date of the most recent review or revision and the signature of the reviewer.
14.9. Policies and procedures. The responsible physician shall write or approve pre-written health policies and procedures for the following components of jail facility health care:
14.9.1. Decision making for special problem inmates. Before inmates with diagnosed psychiatric or significant medical illnesses are given housing assignments, work assignments, disciplinary measures or transfers, the jail facility administrator and the responsible physician or their designees shall confer to consider any special precautions or preparations. A list of frequent illnesses which require special arrangements shall be developed. Special diets must be provided when requested by health personnel and approved by the responsible physician.
14.9.2. Notification of next of kin. The jail facility administrator or responsible physician shall notify the next of kin or legal guardian of the serious illness, serious injury or death of any inmate in the custody of the jail facility.
14.9.3. Post mortem examination. The jail facility administrator or responsible physician shall immediately notify the State Medical Examiner of the death of any inmate. The jail facility shall cooperate with the State Medical Examiner in the conduct of post mortem examination if found to be necessary.
14.9.4. Minimum staff training requirements. Health trained staff is defined as jail personnel who have the equivalent of EMT training and also have received information regarding the symptoms of physical and mental illnesses common to the inmate population (including depression and chemical dependency), basic management of seizures, medication administration, health record maintenance, recognition of potentially suicidal behavior, ability to respond to health related situations within four (4) minutes, first aid training, and procedures for transfer of inmates to appropriate medical facilities or health care providers. Training may be effected through a local hospital, emergency room, county health department, county medical society, Red Cross chapter, or any other program approved by the responsible physician. An appropriate training course may be completed in approximately 60-80 hours. Each shift shall include at least one person who has become health trained as described in this subsection. Ideally these persons shall be from the health care profession but may be health trained jail facility personnel.
14.9.5. Suicide prevention. There shall be a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional. All jail facility staff who are responsible for inmate supervision shall be trained in the implementation of the program. The staff shall be responsible for intake screening and identification of potentially suicidal inmates in an effort to prevent suicide.
14.9.6. Prohibited inmate assignments. Inmates shall not be assigned the following duties:
a. Performing direct patient care services;
b. Scheduling health care appointments;
c. Determining or controlling access to health care by other inmates;
d. Handling or having access to surgical instruments, syringes, needles, medications or health records; and, e. Operating medical equipment.
The restrictions of this subsection shall not be construed to preclude inmates from participation in a certified vocational training program. Inmates may be permitted to perform janitorial or cleaning services in the medical areas under the supervision of qualified staff.
14.9.7. Receiving Medical Screening. A receiving medical screening appraisal to elicit information pertinent to the inmates' health shall be performed on every inmate at the time of admission. The screening shall be recorded on a form which has been approved by the responsible physician. Screening is a means to discover and prevent health and safety threats to both inmates and staff. The goal of receiving screening shall be to detect any communicable diseases, chemical dependence, potential for suicide, or other medical or psychiatric problems before the inmate is placed within the jail population. When the inmate has been transferred from another facility and is accompanied by a previously completed screening form, the form shall be reviewed and verified. The receiving screening shall be conducted by a health-trained staff member. No inmate in obvious need of medical attention shall be admitted to any jail facility until such time as the arresting or transporting officer shall obtain written medical clearance indicating that the inmate is physically capable of withstanding incarceration. The screening inquiry shall include the following topical areas:
a. Current illness and health problems, including dental problems;
b. Venereal diseases and other infectious diseases;
c. Current medication and special health requirements;
d. Use of alcohol or other drugs, including types of drugs used, mode of use, amounts used, frequency of use, date or time of last use, and history of problems which may have occurred after cessation of use;
e. Past and present treatment or hospitalization for mental disturbance or attempted suicide; and, f. Other health problems as may be identified by the responsible physician.
14.9.8. Disposition. The receiving screening process shall include a recommendation to one of the following population classifications: General population, with or without referral for appropriate health care services; emergency referral to appropriate health care services; or, medical isolation and special observation.
14.9.9. Health Appraisal. Within fourteen (14) days of admission, a health appraisal shall be completed for each inmate which includes a medical history and examination which is recorded on a form approved by the responsible physician. Although a physician, physician's assistant or nurse practitioner must perform the physical examination, the health history may be completed by a health trained staff member. The health appraisal shall include the following:
a. Review of the earlier receiving screening by the examining clinician;
b. Collection of additional data to complete the medical, dental, psychiatric and dental histories;
c. Administration of laboratory and/or diagnostic tests to detect communicable diseases including tuberculosis;
d. Recording of current height, weight, pulse rate, blood pressure and temperature, any other diagnostic tests administered and comments concerning mental and dental status; and, e. The results of the medical examination, test results and other information collected shall be reviewed by a physician who shall direct the initiation of appropriate medical care and treatment.
14.9.10. Care for persons under the influence of drugs. The responsible physician shall approve policies and procedures for the identification of alcohol and drug dependence as well as subsequent management and/or transfer for the care of persons under a drug influence. Unless the jail facility has special facilities and constant medical supervision to perform detoxification, detoxification shall not be performed at the jail facility; inmates who require detoxification shall be transferred to a hospital or detoxification center designated by the responsible physician. Procedures for adequate care of persons under the influence of drugs include written policies and training concerning medical screening, observation, referral evaluation, and safety protection.
14.9.11. Psychiatric illness. Post admission screening and referral for the care of mentally ill or retarded inmates whose adaptation to the jail facility environment is significantly impaired shall be provided. Psychiatric problems identified, whether identified during receiving screening or after admission, shall be followed up by medical staff. The urgency of the presenting problem shall determine the response. Potentially suicidal and psychotic patients are emergencies and require prompt attention. Inmates awaiting emergency evaluation shall be housed in a specially designated area with constant supervision by trained staff. Inmates shall be held only for the minimum time necessary before emergency care is rendered. All sources of assistance for mentally ill or impaired inmates shall be identified in advance of need and referral procedures shall be in place for use in cases where the need exists. No person shall be housed in a jail facility solely upon an involuntary commitment proceeding pursuant to W. Va. Code '27-5-1 et. seq..
14.9.12. There shall be consultation between the jail facility administrator and the responsible physician or their designees prior to the making of housing assignment, program assignment, imposition of disciplinary measures or the transfer of any inmate who is diagnosed as having a psychiatric illness.
14.9.13. Access to treatment. Upon admission each inmate shall be informed of his or her right of access to medical treatment; in addition to verbal instruction, each inmate shall receive an information sheet which includes information about the jail facility's sick call schedule, the procedures for registration for sick call and the grievance procedures concerning medical care. The medical information sheet shall be approved by the responsible physician.
14.9.14. Daily health complaints. The health complaints of inmates shall be solicited daily and acted upon by trained personnel such as a licensed nurse or registered nurse and followed by appropriate triage and treatment by qualified personnel. Triage is the sorting and allocation of treatment of patients according to priorities of need.
14.9.15. Sick Call. Sick call is the system through which each inmate reports for and receives appropriate medical services for non-emergency illness or injury; if an inmate's custody status precludes attendance at sick call, arrangements shall be made to provide sick call services in the inmate's place of detention. Inmates will have daily access to sick call forms which shall be reviewed that day by the health authority or other person designated by the responsible physician. All complaint forms will become part of the inmate's health record. Sick call shall be performed by a licensed physician, physician's assistant, registered nurse, or other person designated by the responsible physician. Sick call is a designated time to review non-emergency medical problems and shall be held at the following intervals:
a. In jail facilities of less than fifty inmates, one time per week;
b. In jail facilities of fifty to one hundred inmates, two times per week;
c. In jail facilities of one hundred to two hundred inmates, three days per week; and, d. In jail facilities of more than two hundred inmates, five times per week.
14.9.16. Use of restraints or isolation for out of control inmates. The responsible physician shall approve a plan which guides the use of restraints or isolation and providing for mental health personnel to evaluate inmates who are repeatedly out of control or who remain out of control for more than a short amount of time. Use of physical restraints in the control of inmates inside the jail facility may only be used for the protection of the individual or others. The use of restraints shall be recorded in the inmate's record. Any time an inmate remains out of control for more than a short amount of time, mental health personnel shall be consulted.
14.9.17. Health Promotion/Wellness Promotion. The responsible physician shall consider plans which provide inmates with health education and preventive medical services.
14.9.18. Prevention of the spread of disease. Jail facilities shall establish an area for use by inmates who have medical problems which require separation or close observation. Inmates in such areas shall be allowed to participate in an appropriate form of exercise, including exercise of large muscle groups, for a minimum of one hour per day.
14.9.19. Dental Care. Dental care shall be provided to each inmate under the direction and supervision of a licensed dentist under the following conditions:
a. Each inmate shall receive a dental examination as a component of his or her health evaluation within fourteen days of admission; and, b. Emergency dental treatment for conditions which adversely affect the inmate's health shall be provided within three (3) months of admission.
14.9.20. Special medical programs. Arrangements shall be made for the provision of special medical programs, including chronic care, convalescent care and preventive medical maintenance for inmates. The special medical program shall service a broad range of health problems, e.g., seizure disorders, diabetes, potential suicide, chemical dependency, and psychosis. These special medical programs require close medical supervision. Chronic care is medical service rendered to a patient over a long period of time for conditions such as diabetes, asthma, and epilepsy. Convalescent care is medical care provided to assist a patient in the recovery from illness, injury or surgery. Preventive medical maintenance includes health education and medical services such as inoculation and immunization and is provided to take measures in advance of the onset of illness or to provide instruction in the self-care of chronic conditions. Provided that, for purposes of this rule only, use of or withdrawal from the use of nicotine shall not be considered a chemical dependency or otherwise qualify the inmate for medical or psychological treatment or counseling.
14.9.21. Prostheses. The responsible physician or dentist shall determine the medical necessity for prosthetic devices. Prosthetic devices shall be provided when medically necessary to avoid adverse affect upon the inmate's health.
14.9.22. Management of pharmaceutical. Procedures for prescribing, dispensing and administering drugs shall be in compliance with federal and state laws and regulations. The responsible physician shall approve written procedures for the distribution, administration, accounting and disposal of medications. The responsible physician shall approve a written medication log which shall be maintained for each inmate receiving medication. The inmate's medication log shall include the date, time, name of drug and dosage administered. Any inmate who refuses medication shall sign a statement to that effect, which shall be signed by a staff member and filed in the inmate's medical record. Medications shall be administered only by a physician or nurse, or, after written approval from the responsible physician, by the health authority or health trained staff member; exception to this requirement may be made for self administration of insulin injections by inmates who have received appropriate instruction and are under the supervision of the health authority or a health trained staff member. The physician shall inform jail facility personnel of possible side effects of medication prescribed for inmates. When medications are taken orally, the person administering the medication shall take appropriate action to verify that the medication has been swallowed, thereby ensuring proper ingestion of the prescribed medication. The jail facility shall provide a locked storage area for medications and a list of stored medications shall be maintained. Refrigeration shall be provided if needed for proper storage of medications.
14.9.23. Administration of medications. Persons administering medications shall do so under the supervision of the responsible physician and shall have received training appropriate to their assignment. They are accountable for administering medications according to orders as to both frequency and dosage, and for recording the administration of medications in a manner and on a form approved by the responsible physician. Training from the responsible physician shall include the medical aspects of administration or distribution of medication. Training from the jail facility administrator shall include security matters inherent to the administration and distribution of medications in a jail facility.
14.9.24. Health records. A separate file shall be established for each inmate at the time of his or her receiving screening for the collection of medical information. The health record shall be sufficiently detailed to enable a practitioner to give continuing care and permit the retrospective determination of the inmate's condition and treatment at the time of examination and treatment and to provide information which will enable consulting medical professionals to render advice on the inmate's care and treatment. Entries in this record shall be made in ink, be legible, be signed by the maker, and dated. Records shall be maintained for at least seven (7) years following the inmate's most recent incarceration. The file shall contain the following:
a. The completed receiving screening form;
b. The completed health appraisal, if the inmate was incarcerated for more than thirty (30) days;
c. All findings, diagnoses, orders and treatments;
d. A medication log sheet;
e. The results of laboratory, x-ray or other diagnostic procedures;
f. Any completed medical complaint forms;
g. The date, place and time of health encounters;
h. Dental, psychiatric or other consultation reports;
i. Consent and refusal forms; and, j. Release of information forms.
14.9.25. Transfer of records. When an inmate receives off-site examination or treatment or is transferred to another facility or hospital the inmate's health record or a copy of the summary shall accompany him or her. Documentation of any off-site examination or treatment shall be made in the health record by the physician or other health professional involved. Health records shall be returned to the jail facility with the inmate or, in the event of the transfer or hospital admission of the inmate, as soon as possible thereafter. Written authorization by the inmate is required for the transfer of health record information, except in an emergency situation where the inmate is unable to authorize the transfer.
14.9.26. Confidentiality. The inmate's medical information, health record, and confidences entrusted to a physician or other medical care professional in the course of screening, examination or treatment are confidential and shall not be disclosed to anyone except in the following instances:
a. With the informed consent of the inmate;
b. When required by law, e.g., the reporting of communicable diseases;
c. When the security of the institution or the safety of the individual requires disclosure, and then only to the extent necessary for the protection of the inmate and the security of the jail facility; and, d. When the chief administrative officer requests review of medical information, subject to all other requirements of this subsection.
14.9.27. Facilities and equipment. When health services are provided within a jail facility the jail facility shall provide a private examination/treatment area and such equipment necessary and appropriate for the delivery of medical care as provided in this section. Medical equipment shall be periodically inspected and kept in good repair.
14.9.28. First aid kits. Each jail facility shall have one or more first aid kits which contain, at a minimum, bandages, gauze, slings, adhesive tape and band-aids. The responsible physician shall designate the number, location and contents of first aid kits and shall provide for the periodic inspection and replenishment of the kits.
14.9.29. Informed consent. The informed consent of inmates is necessary for all medical examinations, treatment and procedures except those required by law, e.g., the treatment of infectious diseases when public health law requires such treatment, or in the event of an emergency. Informed consent is the voluntary consent of an inmate to an examination, treatment or procedure after receiving information concerning the material facts regarding the nature, consequences, risks and alternative procedures. In the event a minor is admitted, the consent to medical care must be obtained from a parent, guardian or legal custodian.
14.9.30. Medical research. The use of inmates for medical, pharmaceutical, or cosmetic research or experiments is prohibited.
14.9.31. Serious illness or injury. A process to notify an inmate's next of kin in the event of serious illness or injury shall be developed. The jail facility's admission form shall provide for identification of the inmate's choice of a person to be notified in the event of serious illness, serious injury or death. When possible, permission for notification shall be obtained from the inmate.
W. Va. Code R. § 95-1-15 Inmate Rights
15.1. Access to courts. Inmates shall have unlimited access to courts and to address uncensored communication to governmental authorities. Inmates seeking judicial or administrative redress shall not be subjected to reprisals or penalties as a consequence.
15.2. Attorneys. Sentenced and unsentenced inmates shall have access to attorneys or their representatives, paralegal and experts. Private Attorney/Client interview rooms shall be provided. Provisions shall be made for contacts during normal jail facility hours, for uncensored correspondence and telephone communication.
15.3. Access to legal materials. Inmates shall have access to appropriate legal materials. Provisions shall be made for reasonable and meaningful access to a library. The library shall include the following documents or their equivalent:
a. Black's Law Dictionary;
b. Legal Research in a Nutshell (latest ed.);
c. Federal Habeas Corpus, Sokol, (Michie);
d. Criminal Procedures in a Nutshell, Israel, Jerold J. and Lafave, Wayne R., St.Paul: West or a comparable service;
e. Constitutional Rights of Prisoners, Palmer, John W.,(with current supplement) Cincinnati: Anderson or a comparable service;
f. Criminal Law Hornbook, Lafave & Scott (West);
g. Court Rules;
h. W. Va. Code, Vols. 1-20, including Court Rules, with current supplements;
i. Southeastern Reporter (2nd series, 1960 to date);
j. Criminal Law Reporter, BNA;
k. U. S. Code, Annotated, Titles 18, 29 and 42;
l. Supreme Court Reporter (1960 to date);
m. Federal Reporter (2nd series, 1960 to date);
n. Federal Supplement (1970 to date);
o. Corpus Juris Secundum (Criminal Law sections only);
p. Modern Federal Practice Digest Second (Vols. 16-19, 22-32, 53-54, Table of Cases and Indexes); and, q. Michie's Jurisprudence.
15.4. Access to paper and supplies. Inmates shall have access to paper and other supplies related to legal matters. Inmates shall be provided reasonable access to the services of a notary public for legal documents and other general purposes. There shall be no restricting or interfering with jailhouse lawyers or with inmates attempting to assist other inmates in legal matters. Such interaction of inmates is subject only to legitimate safety and security concerns.
15.5. Voting. Jail facility officials shall inform inmates on pre-trial status and those convicted of misdemeanors of their right to vote and offer them the opportunity to exercise that right.
15.6. Religious observance. Inmates shall have reasonable opportunities to practice their religion, with visits permitted by spiritual advisers at reasonable times. Provisions shall be made for inmates to observe the requirements of their faith.
15.7. Checking and savings accounts. Inmates are entitled to maintain checking and savings accounts.
15.8. Discrimination. Each inmate shall be free from discrimination based upon race, religion, national origin, sex, handicap, or political beliefs. Inmates shall have equal access to various programs and work assignments, and involvement in decisions concerning classification status. There shall be no discrimination in regard to the rights and privileges, restrictive housing, or any other amenities afforded to inmates.
15.9. Protection. Inmates shall be protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. In instances where physical force or disciplinary detention is required, only the least restrictive means necessary to secure order or control shall be used. Administrative segregation shall be used to protect inmates from themselves or other inmates.
15.10. Inmate appearance. Inmates' personal appearance shall not be limited unless it presents clear health, safety or security hazards.
15.11. Grievance procedure. The jail facility shall have a written grievance procedure which is explained and available to inmates and staff. It shall give inmates an opportunity to seek redress for violations of jail facility rules and regulations or interference with the inmate's rights or privileges. The procedure shall include a provision for an investigation of the grievance and for a written response within a reasonable time (seventy-two (72) hours) and proper action taken to ensure fair resolution of complaints. The response shall state reasons for the response to the grievance. Unless grievances are clearly found to be in bad faith, the grievant shall have a personal opportunity to be heard before a decision on the grievance is made. If the grievance is denied, an appeal shall be available.
15.12. Good Time. Inmates sentenced to jail for a term exceeding six (6) months are entitled to good time. Inmates shall be presumed to have conducted themselves well and shall be entitled to good time credit unless they have a recorded history of misconduct. Jail facility authorities shall notify inmates of good time.
15.13. Due Process. No inmate shall be deprived of any good time credit for alleged misconduct unless they have first been afforded the following due process protection:
a. Written notice of the claimed violation;
b. Disclosure of the evidence against them;
c. An opportunity to be heard and to present witnesses and documentary evidence;
d. The right to confront and cross-examine adverse witnesses, unless the hearing officer specifically finds good cause for prohibiting confrontation;
e. A neutral and detached hearing officer;
f. A written statement by the fact-finders of the evidence relied upon and the reasons for discipline; and, g. The right to counsel, if the state is represented by an attorney, and otherwise the right to be assisted by another inmate, staff member, lay advocate or paralegal.
W. Va. Code R. § 95-1-16 Inmate Rules and Discipline
16.1. Rules of conduct. There shall be written rules of inmate conduct which specify acts prohibited within the jail facility and penalties which may be imposed. These rules shall be provided to all inmates and procedures shall exist for ensuring that all inmates understand the rules.
16.2. Annual Review. The written rules of inmate conduct shall be reviewed annually and updated as necessary to ensure that they are consistent with constitutional and legal principles.
16.3. Training. All personnel who deal with inmates shall receive sufficient training so that they are thoroughly familiar with the rules of inmate conduct, the sanctions available, and the rationale for the rules.
16.4. Minor infractions. There shall be written guidelines for informally resolving minor infractions of the inmate rules.
16.5. Disciplinary reports. When rule violations require formal resolution, staff members shall prepare a disciplinary report and forward it to their supervisor.
16.6. Minimum contents. Disciplinary reports prepared by staff members shall include the following minimum information:
a. Specific rule alleged to have been violated;
b. A formal statement of the charge;
c. An explanation of the event, including who was involved, what transpired, and the time and location of the event;
d. Any unusual inmate behavior;
e. Any staff witnesses;
f. The disposition of any physical evidence;
g. Any immediate action taken, including the use of force;
h. The reporting staff member's signature; and, i. The date and time the report is made.
16.7. Investigation. When an alleged rule violation is reported, an investigation shall begin within forty-eight (48) hours of the time the violation is reported.
16.8. Pre-hearing segregation. Pre-hearing segregation of inmates who are charged with a rule violation shall be used only when necessary to ensure the safety of the inmate or the security of the jail facility.
16.9. Sanctions. There shall be a schedule of sanctions for rule violations. The maximum sanction for rule violation shall be disciplinary confinement for fifteen (15) days for any one violation and no more than (30) thirty days for all violations arising from one incident. If more than one incident occurs, continuous disciplinary confinement for more than thirty (30) days shall require the review and approval of the jail facility administrator.
16.10. Prosecution. Written policies and procedures shall provide for referral of alleged criminal violations by inmates to appropriate law enforcement officials for prosecution.
16.11. Written copy of allegation. An inmate charged with a violation of jail facility rules shall be given a written copy of the alleged violation within twenty-four (24) hours of the determination of the charges.
16.12. Hearing. An inmate charged with a rule violation shall receive a hearing within seventy-two (72) hours of the charge, excluding weekends and holidays. The hearing may be postponed or continued by a written waiver by the inmate or for good cause.
16.13. Written notice of hearing. Written notice of the hearing shall be provided to the inmate at least twenty-four (24) hours prior to the hearing. The inmate may give written consent to a hearing within less than twenty-four (24) hours.
16.14. Inmate absence. Inmates charged with rule violation shall be present at the hearing unless they waive that right in writing or through behavior. Inmates may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion shall be documented.
16.15. Hearing panel. Disciplinary hearings of rule violations shall be conducted by an impartial person or panel of persons.
16.16. Inmate representation. Staff assistance to represent inmates at disciplinary hearings shall be provided upon request by the inmate.
16.17. Rules of evidence. The inmate shall be given an opportunity to make a statement, present documentary evidence, and to have present any person who has relevant and not unduly cumulative information, except when doing so may jeopardize the life or safety of persons or the security or order of the jail facility; reasons for denial shall be stated in writing. The formal rules of evidence shall not apply to inmate disciplinary proceedings.
16.18. Written record of decision. A written record shall be made of the disciplinary hearing decision and a copy shall be given to the inmate.
16.19. Review. A review of all disciplinary hearings and dispositions shall be made by the jail facility administrator or his or her designee.
16.20. Appeal. Inmates shall have the right to appeal decisions of the disciplinary hearing officer to the jail facility administrator or his or her designee. The administrator, or their designee, shall either affirm or reverse the decision of the disciplinary hearing officer within five (5) days of the appeal.
16.21. Effect of negative finding. The disciplinary report shall be removed from the files of any inmate found not guilty of an alleged rule violation.
W. Va. Code R. § 95-1-17 Communication, Mail and Visitation
17.1. Inmate correspondence. Written policies and procedures shall govern inmate correspondence, shall be available to all staff and inmates, and shall be reviewed annually and updated as needed.
17.2. Limitations. The volume of lawful mail, including letters and publications, which an inmate may send or receive or the length, language, content or source of the mail may not be limited except for reasons of public safety or jail facility order and security. Outgoing mail shall be at the inmate's expense except as provided in section 17.3 of this rule.
17.3. Indigent inmates. Indigent inmates shall be provided, without cost, sufficient stationery and postage for all letters to attorneys, courts, and public officials and two (2) personal letters per week.
17.4. Restrictions. Written policies and procedures shall define the type of publications allowed in the jail facility and inspection procedures. Restrictions of access to publications shall be directly related to the maintenance of jail facility order and security.
17.5. Mail processing. Incoming and outgoing letters shall not be held for more than twenty-four (24) hours, excluding weekends and holidays.
17.6. Inspection. Inmate letters, both incoming and outgoing, may be opened and inspected for contraband, but shall not be censored. The letters shall not be read or rejected except where there is reliable information that there is a threat to order or security or that they are being used in the furtherance of illegal activity. Inmates shall be notified when incoming or outgoing letters are rejected.
17.7. Cash. Procedures shall provide for the inspection of inmate letters to intercept cash, checks, money orders and contraband. A receipt shall be given to the addressee.
17.8. Sealed letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, which shall include courts, counsel, officials of the confining agency, government officials, administrators of grievance systems, and members of the parole authority. Mail to inmates from this specified class of persons and organizations shall be opened only to inspect for contraband and only in the presence of the inmate.
17.9. Telephone access. Inmates shall be afforded the right to reasonable telephone access. Telephone calls shall not be monitored unless authorized by a prior court order.
17.10. Visitation. The number of visitors an inmate may receive and the length of visits shall be limited only by jail facility schedules, space and personnel constraints. Visitation shall be provided at least four (4) times weekly including weekends, holidays and evening hours as well as daytime hours. The scheduled visitation hours shall be at least three (3) hours in duration. Individual visitations shall not be limited to less than one-half hour. Visitors whose schedule cannot accommodate the jail facility's visiting schedule may be granted special visitation hours upon request to the jail facility administrator. The visitation schedule and visitation policies shall be posted.
17.11. Visitation limitations. Any visitor shall be allowed except those excluded by court order, visibly under the influence of alcohol and/or drugs, or unable to produce appropriate identification. Inmates may receive visits from immediate family regardless of age provided that all children under the age of eighteen (18) are accompanied by an adult parent, or guardian. Any emancipated child under the age of eighteen (18) must provide proof of emancipation.
17.12. Contact visits. Contact visits shall be available unless otherwise requested, or the inmate's behavior risks causing harm to a person, or the inmate is on disciplinary status related to an offense related to visitation.
17.13. Risk Inmates. Visiting hours for high risk inmates shall approximate those for other inmates.
17.14. Searches. Inmates may be searched prior to and subsequent to visitation. Visitors may be subject to non-intrusive personal searches.
17.15. Privacy. Visitation facilities shall be private and confidential with no monitoring of conversations.
17.16. Contact visitation area. The contact visiting area shall contain tables which do not impair visibility and communication.
17.17. Notification and visitation challenges. Inmates shall be given written notification whenever a visitor is excluded from visitation and shall be given reasons for the action. An inmate shall be given an opportunity to challenge the denial of visitation.
17.18. Visitation by counsel. The number of visits with counsel shall not be restricted, during reasonable hours.
17.19. Visitation to home county. The regional jail authority shall provide transportation to the inmate's home county for purposes of visitation if (1) The home county has a holding facility which may be used for purposes of visitation (2) The county commission and the sheriff of the county agree to provide space in the holding facility for purposes of visitation and to accept custody of the inmate during such period of visitation and (3) Additional transportation space is available on regularly scheduled runs to the home county required for other necessary purposes such as transporting other inmates to court proceedings. Priorities for inmates seeking transportation to the home county for visitation shall be assigned to available space on regularly scheduled runs as follows in the following order of priority: (1) Emergency circumstances (2) Transportation for inmates awaiting court proceedings and not under a sentence of incarceration for any crime (3) Inmates who have not received a visit within a three-month period and (4) Other inmates on a first-come, first-served basis in order of date and time of request.
W. Va. Code R. § 95-1-18 Admission, Orientation, Property Control and Release
18.1. New Inmates. Written policies and procedures shall govern the admission and orientation of new inmates. They shall be reviewed annually and updated as necessary. The jail facility shall not accept persons who are being committed solely because of the initiation of procedures for involuntary commitment pursuant to W. Va. Code '27-6A-1 et. seq.
18.2. Mentally disabled inmates. Care shall be provided for inmates who are believed to be mentally ill, retarded, or addicted and in need of treatment, training or other services. The jail facility administrator shall be made aware of the illness and shall arrange for a mental health assessment. If the report of the examination confirms the condition and services cannot be provided at the jail facility, the administrator shall immediately take action to initiate the inmate's transfer to an appropriate facility pursuant to W. Va. Code '27-6A-1, et. seq.
18.3. Minimum admission requirements. Written policies and procedures for admitting new inmates to a jail facility shall be provided and shall contain at least the following requirements:
a. Verification of court commitment papers or other legal documentation of authority to detain the individual;
b. A complete search of the individual and his or her clothing and personal possessions;
c. Appropriate disposition of the individual's clothing and personal possessions;
d. Medical screening including tests for infectious diseases;
e. Provisions for telephone calls by inmates;
f. Shower and hair care, if necessary;
g. Issuance of clean clothing;
h. Photographing and fingerprinting;
i. An interview to obtain identifying data;
j. A screening interview by a counselor or other trained interviewer;
k. An orientation to the jail facility;
l. Issuance of personal hygiene items;
m. Classification of custody level for assignment to a housing area; and, n. Assignment to a housing unit.
18.4. Housing of alcoholics. The jail facility administration shall refrain from housing or retaining in the jail facility any persons who are known to be or should be known to be chronic alcoholics when the person has been charged solely with the offense of public intoxication; the person shall be afforded all reasonable and necessary medical and health care services immediately; at all times the proper procedures for treatment of such persons shall be followed in the manner set forth by the West Virginia Supreme Court of Appeals in State ex rel. Harper v. Zeeger, No. 14950 (filed May 18, 1982) and in its Addendum (filed July 15, 1982).
18.5. Intoxicated or drugged inmates. There shall be written policies and procedures for the safe handling of intoxicated or drugged inmates committed to the jail facility when such persons are charged with offenses other than or in addition to public intoxication, the policies shall include requirements that:
a. All reasonable and necessary medical and health care services are provided immediately in the manner set forth by the Harper decision and its addendum;
b. Such persons are segregated from the general inmate population until they can be safely integrated without danger to themselves or others; and, c. When such persons are housed in the jail facility, they shall have access to a bed, a toilet and a wash basin with hot and cold running water.
18.6. Location of admission area. Inmates shall be separated from the general population during the admissions process.
18.7. Orientation. All newly admitted inmates shall receive verbal and written orientation information in language they understand. Completion of orientation shall be documented by a dated statement signed by the inmate.
18.8. Telephone. Newly admitted inmates shall be permitted to complete at least three (3) collect local or long distance telephone calls during the admissions process.
18.9. Personal Property. The personal property which inmates may retain in their possession shall be specified.
18.10. Inventory and receipt. A written inventory of all personal property of newly admitted inmates and secure storage of inmate property, including money and other valuables shall be provided. The inmate shall be given a receipt for all property held until release.
18.11. Release. Written procedures for releasing inmates shall be developed to include the following:
a. Verification of identity;
b. Verification of release papers;
c. Completion of release arrangements, including the person or agency to whom the inmate is to be released;
d. Return of personal effects;
e. Verification that no facility property leaves the facility with the inmate; and, f. Completion of any pending action such as a grievance or a claim for damages or lost possessions.
W. Va. Code R. § 95-1-19 Classification
19.1. General. Written policies and procedures shall provide for inmate classification in terms of the level of custody required, housing assignments and participation in correctional programs. They shall be reviewed at least annually and updated as necessary.
19.2. Criteria and appeal. The inmate classification plan shall specify criteria and procedures for determining and changing the status of an inmate, including custody, transfers and major changes in programs. The plan shall include an appeals process for a classification decision.
19.3. Classification categories. The jail facility shall provide for the separate management of the following categories of inmates:
a. Male and female inmates;
b. Pre-trial and convicted inmates;
c. Felon and misdemeanant;
d. Other classes of detainees (witnesses, civil inmates);
e. Community custody inmates (work release, weekender, trustees);
f. Inmates with special problems (alcoholics, narcotic addicts, mentally ill persons, physically disabled persons, or persons with communicable diseases);
g. Inmates who require disciplinary detention;
h. Inmates who require administrative segregation;
i. Violent and non-violent inmates; and, j. Juveniles.
19.4. Juveniles. Juveniles, who are subjected to trial as adults, if held in the jail facility, shall be separated by sight and sound from adult inmates, although they may be housed in the facility's structure. Juveniles who are not subject to trial as adults are not to be housed in the jail facility in accordance with W. Va. Code ''49-5-16 and 49-5-16a.
19.5. Discrimination. Segregation of inmates by race, color, creed, or national origin is prohibited.
W. Va. Code R. § 95-1-20 Inmate Work Programs
20.1. Inmate assignments. The jail facility shall have a written inmate work assignment plan that provides for inmate employment, subject to the number of work opportunities available consistent with the maintenance of security in the jail facility.
20.2. Required work. Pre-trial and unsentenced detainees shall not be required to work except to do personal housekeeping. Any inmate may volunteer for work assignments or institutional programs.
20.3. Maintenance and operation. The inmate work plan shall include provisions for work in the maintenance and operation of the jail facility, except that no inmate shall be permitted within any control room of the jail facility.
20.4. Public works projects. The inmate work plan may provide for inmate work assignments in public works projects.
20.5. Community service. The inmate work plan shall include provision for inmates to work in various non-profit and community service projects.
20.6. Discrimination. Discrimination in inmate work assignments based upon sex, race, religion or national origin is prohibited.
20.7. Disabled Inmates. The inmate work plan shall include provisions for the employment of disabled inmates.
20.8. Compensation. If required under the West Virginia Code, inmates shall be compensated for work performed.
20.9. Working conditions. Inmate working conditions shall comply with applicable federal, state and local work place safety laws and rules.
20.10. Reduction of sentence. The inmate work plan shall provide for the earning of credit toward sentence completion in accordance with the West Virginia Code.
W. Va. Code R. § 95-1-21 Inmate Services and Programs
21.1. Availability. Inmate programs and services shall be made available and shall include, but not necessarily limited to, social services, religious services, recreation and leisure time activities, and library services.
21.2. Use of community resources. Inmate programs and services shall provide for the identification and use of available community resources.
21.3. Inmate option to refuse. Inmates may refuse to participate in jail facility programs, except work assignments and programs required by statute or court order. There shall be written documentation of each refusal to participate maintained in the inmate's file.
21.4. Equal Opportunity. Male and female inmates will have equal opportunities to participate in programs and services.
21.5. Services for drug and alcohol addiction. The jail facility shall provide for counseling and program services for inmates with drug and/or alcohol problems. All necessary medical and health care services shall be provided. The jailing of alcoholics for public intoxication is prohibited. Efforts shall be made to encourage the active involvement of local Alcoholics Anonymous and other similar groups in the delivery of services to inmates and reasonable accommodations made for their use. Alcoholism rehabilitation and drug awareness programs may be established through a local agency or other qualified person.
21.6. Religion. Inmates shall be provided opportunities to participate in religious services and counseling on a voluntary basis.
21.7. Leisure time activities. The jail facility shall provide opportunities for inmates to participate in leisure time activities outside their cell or room on a daily basis. Each inmate shall be permitted at least one hour of leisure time activity each day outside their cell or room. Leisure time activities may include radio, television, movies, crafts, cards, puzzles, checkers, chess or space for indoor exercise.
21.8. Outdoor exercise. The jail facility shall provide each inmate with at least one hour of outdoor exercise per day in an outdoor area with adequate space for the exercise of large muscle groups. The outdoor exercise area shall be constructed to ensure privacy from and safety for the general public.
21.9. Records. The hours and place of recreation for each inmate shall be recorded daily.
21.10. Work Release. The jail facility shall establish a program for the implementation of a work release program pursuant to West Virginia Code '62-11A-1 and '62-11A-2. All inmates shall be notified of their right to apply for the program; appropriate applications and assistance in their completion shall be provided to inmates upon admission to the jail facility.
21.11. GED Program. The jail facility shall arrange for a G.E.D. program for inmates who desire to participate.
21.12. Vocational programs. Inmates shall have access to vocational counseling, pre-vocational career assessment, adult basic education, and vocational training.
21.13. Labor in jail facility. Inmates over the age of sixteen years may consent to perform labor within the jail facility, for county government. The jail facility shall develop a written resident work plan for work in the jail facility, the county government or a community service agency.
21.14. Good time. Good time policy will be coordinated with the vocational, education and work programs.
21.15. Library services. Library services shall be available to inmates and shall include at least the following types of materials: materials responsive to the interests and educational needs of inmates; information services to locate facts needed; programs for individuals or group information and enjoyment, such as books, discussion groups, music, creative writing, speakers and a distinct library setting. Library resources may be supplemented by the entire collection of local, regional and state libraries, law libraries and inter-library loan services. When appropriate, provisions shall be made for accommodation of inmates with visual and auditory deficits.
21.16. Staff. The jail facility shall assign a staff member to coordinate and supervise the library and its services. The number of staff required for this function may vary dependent upon the number of inmates involved in the program.
21.17. Pre-trial intervention program. When a pre-trial intervention program, diversion program, pre-trial release program or paroles program is conducted in the jail facility, sufficient staff, space and equipment shall be provided to meet the needs of the particular program.
W. Va. Code R. § 95-1-22 Release Preparation
22.1. Release preparation. A program of release preparation to prepare inmates for release from the jail facility shall be available to all inmates.
22.2. Work and educational programs. Inmate participation in work or educational release programs shall be allowed in accordance with the West Virginia Code and applicable rules.
22.3. Separation from the general population. Inmates who are participating in work or educational release programs shall be separated from inmates in the general population.
W. Va. Code R. § 95-1-23 Citizen Involvement and Volunteers
23.1. Citizen involvement. The involvement of citizens in the delivery of inmate programs may be permitted.
23.2. Volunteer coordination. A jail facility staff member shall be responsible for the coordination of the volunteer services program.
23.3. Lines of authority. Lines of authority, responsibility, and accountability for the volunteer services program shall be developed and communicated to jail facility staff and volunteers by the jail facility administrator.
23.4. Selection, screening and orientation of volunteers. The volunteer service program shall include procedures for the selection, screening and orientation of volunteers to the unique area of service to an inmate population. Recruitment from all cultural and socioeconomic segments of the community shall be encouraged.
23.5. Identification. A system which provides for the easy identification of volunteers while they are within the jail facility shall be provided.
23.6. Written contract. Each volunteer shall sign a written agreement to abide by all applicable facility policies, with specific reference to policies related to jail facility security and confidentiality of inmate information.
23.7. Professional services. Volunteers shall perform professional services only when properly licensed.
23.8. Level of involvement. The curtailment, postponement or discontinuation of the services of an individual volunteer or a volunteer group shall be within the discretion of the jail facility administrator.
W. Va. Code R. § 95-1-24 Glossary
24.1. Audit. An audit is the examination of jail facility records or accounts to check their accuracy; an audit is conducted by a person not directly involved in the creation or maintenance of the records or accounts. An independent audit will result in an opinion which will either affirm or disaffirm the accuracy of records or accounts. An operational or internal audit usually results in a report to management within the agency which is not shared with persons outside the agency.
24.2. Administrative segregation. Administrative segregation is a form of separation of an inmate from the general population and is authorized by the classification committee or other authorized group when the continued presence of an inmate in the general population poses a serious threat to life, property, the inmate, staff or other inmates, or the security or orderly management of the jail facility. Inmates may be placed in administrative segregation pending investigation or trial for a criminal act or pending transfer. Cross reference, protective custody and segregation.
24.3. Booking. As a police administrative action, booking is the official recording of an arrest and the identification of the person, the time, the arresting authority and the reason for the arrest of a person. As a jail facility procedure, booking is the procedure for the admission of a person to the jail facility; it includes a physical search of the person and his or her possessions, the taking of fingerprints and photographs, the conduct of interviews for medical history and personal history, the inventory and storage of personal belongings, and the assignment of the person to a housing area.
24.4. Chemical agent. An active substance, such as tear gas or pepper gas, used to deter behavior which may cause personal injury or property damage.
24.5. Classification. A process by which the security needs and requirements, appropriate housing assignment, and program needs for incarcerated persons is determined.
24.6. Contraband. Any item in the possession of an inmate or found within the boundaries of a jail facility which is declared illegal by law or not specifically approved for possession by an inmate by those legally charged with the administration of a jail facility.
24.7. Disciplinary hearing. A nonjudicial, administrative procedure to determine if substantial evidence exists to find an inmate guilty of a violation of a jail facility rule.
24.8. Disciplinary detention. A form of separation from the general population during which an inmate who has committed a violation of a rule is confined by the disciplinary hearing officer or other authorized body for a short period of time to an individual cell. Placement in detention may occur only after a finding of a rule violation at an impartial hearing. Cross reference, protective custody and segregation.
24.9. Educational release. A custody status under which an inmate is permitted to leave a jail facility to attend school in the community and return to the jail facility after school hours.
24.10. Emergency. A significant disruption of normal jail facility procedure, policy, or activity caused by a riot, a strike, an escape, a fire, a natural disaster or other serious incident.
24.11. Facility Administrator. Any official, regardless of local title (e.g., sheriff, chief of police, jail administrator, warden, superintendent) who has the ultimate responsibility for managing and operating the local detention facility.
24.12. Grievance. A written complaint filed by an inmate with the facility administrator concerning personal health and welfare or the operations and services of the facility.
24.13 Holidays. All days legally designated as non-workdays by statute or by the chief governing authority of a jurisdiction.
24.14. Inmate. A person, whether charged with an offense or convicted of an offense, who is confined in a jail facility by order of a court of competent jurisdiction.
24.15. Inmate records. Information concerning the individual's personal, criminal and medical history, behavior and activities while in custody, including commitment papers, court orders, personal property receipts, visitors lists, photographs, fingerprints, notations of disciplinary infractions and actions, grievances, and miscellaneous notes, writings or documents.
24.16. Jail facility. A confinement facility which holds persons detained pending trial and/or persons sentenced to terms of incarceration upon conviction for violations of criminal codes.
24.17. Protective custody. A form of separation from the general population for inmates who request or require protection from other inmates for reasons of health or safety. Cross reference, administrative segregation and disciplinary detention.
24.18. Segregation. The confinement of an inmate to an individual cell or sleeping room that separates that inmate from the general population of the jail facility. Cross reference, administrative segregation, disciplinary detention, and protective custody.
95CSR1
Series 01 Minimum Standards For Construction, Operation And Maintenance Of Jails
W. Va. Code R. § 95-1-1 General
1.1. Scope. This legislative rule establishes minimum standards and procedures for jail facilities in West Virginia. The standards as developed for construction, operation and maintenance of jail facilities only apply to jail facilities completed after April 5, 1988, but shall serve as guidelines for any jail facility in operation before that date.
1.2. Authority. W. Va. Code '31-20-9.
1.3. Filing date. March 27, 1996.
1.4. Effective date. June 3, 1996.
1.5. Repeal of former rule. This legislative rule repeals and replaces 95CSR1 "West Virginia Minimum Standards for Construction, Operation, and Maintenance of Jails" which was filed on March 28, 1995 and which became effective on March 28, 1995.
W. Va. Code R. § 95-1-2 Administration, Organization, And Management
2.1. Philosophy, goals and policies. A written statement shall be prepared by the authority having jurisdiction that describes the philosophy, goals and policies of the facilities under its control, and which is reviewed annually and updated as necessary. This statement shall be made available to staff, inmates and the general public.
2.2. Jail Administrator. The jail facility shall be managed by a single administrator to whom all employees or units of management are responsible.
2.3. Appointment. The jail facility administrator shall be appointed by the chief executive officer or governing board of the authority having jurisdiction.
2.4. Qualifications. The educational, operational and administrative qualifications of the jail facility administrator shall be stated in writing and include, at a minimum, a bachelor's degree and/or three years of experience and training at the supervisory level.
2.5. Term. The term of the jail facility administrator shall be continuous, except for assignment to a position of equal responsibility, and may be terminated by the appointing authority only for good cause, and if requested, subsequent to a formal and open hearing on specific charges.
2.6. Outside agencies. There shall be policy which is reviewed annually which specifies the roles and functions of employees of other agencies which provide a service to the jail facility.
2.7. Organization subunits. There shall be a written plan with an organization chart which describes the facility's organization structure and which groups similar functions, services and activities into administrative subunits. This plan shall be reviewed at least annually and updated as needed.
2.8. Operations manual. There shall be a written operations manual that delineates the procedures for operating and maintaining the jail facility. The operations manual shall be made available to employees, reviewed annually and updated as needed.
2.9. Legal assistance. Legal assistance shall be available to the administrator and other staff as needed in the performance of their duties.
2.10. Authority to release. When the facility is designated to operate any type of pretrial intervention service or other release program, its authority and responsibility is stated by statute or administrative regulation.
W. Va. Code R. § 95-1-3 Fiscal Management
3.1. Budgetary system. The budgetary system shall link operations and activities to the cost necessary for their support.
3.2. Fiscal system. The fiscal system shall account for all income and expenditures on an ongoing basis.
3.3. Accounting procedures. The methods used for collection, safeguarding and disbursement of monies shall comply with accounting procedures established by the appropriate jurisdiction.
3.4. Minimum policies. The jail facility shall have written policies and procedures approved by the parent agency that includes, at a minimum:
a. Internal controls;
b. Petty Cash procedures;
c. Bonding for all appropriate staff;
d. Signature control on checks;
e. Handling of inmate funds;
f. Employee expense reimbursement; and, g. Issuance or use of vouchers.
3.5. Audit. The jail facility or its parent agency's fiscal process shall include an external financial audit of the jail facility at time periods stipulated by applicable statutes and/or rules.
3.6. Inventory. There shall be inventory control of property, stores and other assets. The inventories shall be conducted at time periods stipulated by applicable statutes, however, they should not exceed every two (2) years.
3.7. Insurance coverage. Each jail facility shall maintain insurance coverage which includes, at a minimum: Worker's compensation, civil liability, liability for official vehicles, and a public employee blanket bond.
3.8. Personnel assessment. Budget policy and procedure shall provide for an annual assessment of presently assigned positions and future personnel needs required to meet jail facility objectives.
W. Va. Code R. § 95-1-4 Personnel
4.1. Selection, retention, and promotion. The selection, retention, and promotion of all personnel shall be on the basis of merit and specified qualifications.
4.2. Psychological testing. All jail facility personnel who have direct contact with inmates shall undergo psychological testing prior to their employment and when a justifiable need exists during their employment, to determine their suitability for appointment and retention. The testing shall include, but not necessarily be limited to, measurements of basic attitudes and tendencies toward honesty and against unprovoked acts of personal violence and shall be administered, scored and interpreted by, or under the supervision of, a licensed psychologist.
4.3. Affirmative action. Each jail facility shall maintain a program of affirmative action and equal employment opportunities.
4.4. Criminal record check. In accordance with state and federal statutes, a criminal records check and complete background investigation shall be conducted on all new employees to ascertain whether there are criminal convictions or other information in the applicant's background which have a specific relationship to job performance and their ability to perform.
4.5. Physical examination. A physical examination of all employees by a physician at the time of employment is required. The examination may not be used in violation of the requirements of federal legislation related to employment of disabled persons. Provision shall exist for reexamination of applicants or employees when indicated.
4.6. Probationary employees. There shall be a procedure governing probationary employment. New or promoted employees are appointed initially for a probationary period of one year. After successful completion of the initial probationary period, employees shall be granted permanent status.
4.7. Job classification. A job classification or post audit system shall exist which is linked to the salary and benefit compensation plan.
4.8. Personnel policy manual. There shall be a personnel policy manual. A copy of this manual shall be available to each employee for examination and review during employee orientations. A signed statement shall be obtained from each employee, to be kept in their personnel files, certifying their understanding of the manual and its contents. The manual shall include, at a minimum, the following areas:
a. Organization structure;
b. Recruitment and selection procedures;
c. Equal employment opportunity provisions;
d. Job qualifications, descriptions and responsibilities;
e. Job classification plan;
f. Wage and benefit plan;
g. Holidays, leave and work hours;
h. Policies and procedures related to personnel records;
i. Performance evaluation procedures;
j. Promotion, retirement, resignation, layoff and termination procedures;
k. Employee/management relations;
l. Physical fitness policy;
m. Disciplinary procedures;
n. Grievance and appeal procedures; and, o. Insurance and professional liability provisions.
4.9. Conflict of interest. Employees shall not use their official position to secure privileges for themselves or others or engage in activities that constitute a conflict of interest.
4.10. Disciplinary investigations. A staff person charged with alleged maltreatment of an inmate shall not work directly with any inmate until and investigation is completed.
4.11. Disciplinary actions. Disciplinary actions against employees shall be consistent with Division of Personnel policies and in accordance with chapter twenty-nine of the code; disciplinary actions shall be subject to the policies and procedures of the Education and State Employees Grievance Board created by W. Va. Code '29-6a-5.
4.12. Annual evaluation. A written performance evaluation of all employees, based on defined criteria related to job performance shall be provided at least annually. The evaluation criteria shall bear a direct relationship to the skills, knowledge areas, aptitudes and personal characteristics defined in the job description. Employees shall review and discuss the performance evaluation with the person who completes it. If an employee disagrees with the evaluation, they shall have an opportunity to express their opinions in writing; their statements shall be included in their personnel file.
4.13. Transfer, assignment and selection. Procedures shall provide for the transfer, assignment and selection of employees on the basis of facility need and the ability of the employee to perform the job.
4.14. Emergency Medical Technician. There shall be at least one medically trained employee of at least emergency medical technician licensure, available at all times on each shift. (See section 14.13 of this rule also)
4.15. Provisional appointments. Resources shall provide for provisional appointments and/or reserve correctional officers to ensure the availability of trained personnel for short-term, full-time or part-time work in special or emergency situations.
4.16. Personnel records. The jail facility administrator or the parent agency shall maintain a current, accurate and confidential personnel record for each employee.
4.17. Record confidentiality. Written policy and procedure shall provide for the confidentiality of the personnel record and restrict its availability to the employee who is the subject of the record, to administrators and supervisors directly responsible for the employee, and to other personnel who need the information for the performance of their duties.
4.18. Record correction. Provisions shall be available to any employee to challenge information in their personnel files and shall include a process for correction or removal of inaccuracies.
W. Va. Code R. § 95-1-5 Training And Staff Development
5.1. Program supervision. The training program of each jail facility for all employees shall be specifically planned, coordinated, and supervised by a qualified employee at a supervisory level; in jail facilities of over one hundred (100) employees, this person shall be employed full time for this purpose.
5.2. Supervisory training. The individual coordinating the training and staff development program shall receive specialized training for that position.
5.3. Training curriculum. A training curriculum shall be developed, evaluated, and updated based on an annual assessment that identifies current job-related training needs. The Regional Jail and Correctional Facility Authority is the approving agency.
5.4. Trainer certification. Any individual providing pre-service, in-service, or basic training for correctional staff shall be certified as a correctional trainer by the Regional Jail and Correctional Facility Authority.
5.5. Outside resources. The training and staff development program shall use the resources of other public and private agencies, private industry, colleges, libraries and reference services to complement the program.
5.6. Budget. The budget shall include funds for compensating staff for additional time spent in training, or for replacement personnel required when regular personnel are off duty for training purposes.
5.7. New clerical/support employees. All new clerical/support employees who have minimal inmate contact shall receive at least forty (40) hours of orientation and approved training during their first year of employment. Twenty-four (24) of these hours shall be completed prior to being independently assigned to a particular job. All persons in this category shall be given at least an additional eight (8) hours of training during each subsequent year of employment. The Regional Jail and Correctional Facility Authority is the approving agency.
5.8. New clerical/support employees. All new clerical/support employees who have regular daily inmate contact shall receive at least forty (40) hours of orientation and approved training during their first year of employment. Twenty-four (24) of these hours shall be completed prior to being independently assigned to a particular job. They shall be given at least an additional sixteen (16) hours of training each subsequent year of employment. The Regional Jail and Correctional Facility Authority is the approving agency. At a minimum, this training shall cover the following areas:
a. Security procedures and regulations;
b. Rights and responsibilities of inmates;
c. All emergency procedures;
d. Interpersonal relations;
e. Communication skills; and, f. First aid.
5.9. New correctional officers. All new correctional officer personnel shall receive at least one hundred twenty (120) hours of approved orientation and training during their first year of employment. The Regional Jail and Correctional Facility Authority is the approving agency. Forty (40) of these hours shall be completed prior to being independently assigned to a particular post. All persons in this category shall be given an additional forty (40) hours of training each year thereafter. At a minimum, this training shall cover the following areas:
a. Security and search procedures;
b. Use of force regulations and tactics;
c. Supervision of inmates;
d. Report writing;
e. Inmate and staff rules and regulations;
f. Rights and responsibilities of inmates;
g. All emergency procedures;
h. Interpersonal relationships;
i. Social/cultural life style of the inmate population;
j. Communication skills; and, k. First aid.
5.10. Administrative and managerial staff. The jail facility's administrative and managerial staff shall receive at least forty (40) hours of orientation if they are new to the jail facility and at least eight (8) hours of management training each year thereafter. This training shall cover, at a minimum, the following:
a. General management and related subjects;
b. Decision making processes;
c. Labor law, employee/management relations;
d. The interaction of elements of the criminal justice system; and, e. Relationships with other service agencies.
5.11. Emergency Response Unit. When there is an emergency response unit, all officers assigned to that unit shall receive forty (40) hours of training relative to the unit's purpose and function prior to their assignment.
5.12. Weaponry and chemical agents. All personnel authorized to use firearms or chemical agents shall be trained in weaponry and the use of chemical agents on a continuing, in-service basis, and are required to qualify annually.
5.13. Security personnel. All security personnel shall be trained in approved methods of self-defense and the use of force, including passive restraint, to control inmates.
5.14. Continuing education. The jail facility administration shall encourage employees to continue their education and provide reimbursement to employees attending professional meetings, seminars and similar work-related activities as approved by the administrator.
W. Va. Code R. § 95-1-6 Management Information and Research
6.1. System of information. The facility shall contribute to, have access to, and use an organized system of information storage and retrieval relative to both inmate and operational needs.
6.2. Security. Policies and procedures shall govern the security of the information and data collection system, including certification, access to data, and protection of the privacy of all inmates under the jurisdiction of the agency.
6.3. Collaboration. The facility, or its parent agency, shall collaborate with criminal justice and service agencies in information gathering, exchanges and standardization.
6.4. Inmate population accounting. There shall be an inmate population accounting system which includes records on the admission, processing and release of inmates.
6.5. Annual evaluation. There shall be at least annual evaluations of jail facility programs and services to determine progress toward achieving previously identified objectives.
6.6. Research. Written policy and procedure governing the conduct of research shall comply with state and federal guidelines for the use and dissemination of research findings and with accepted professional scientific ethics.
6.7. Inmate participation. Written policy and procedure shall govern voluntary inmate participation in non-medical, non-pharmaceutical and non-cosmetic research.
W. Va. Code R. § 95-1-7 Inmate Records
7.1. Booking. Inmate booking information shall be recorded for every person admitted to the facility and include at least the following data, unless prohibited by law:
a. Fingerprints;
b. Photograph;
c. Booking number;
d. Name and aliases of person;
e. Current address (or last known address);
f. Date, duration of confinement, and copy of court order or other legal basis for commitment;
g. Name, title and signature of delivering officer and arresting officer;
h. Specific charge(s);
i. Sex;
j. Age;
k. Date of birth;
l. Place of birth;
m. Race;
n. Present or last place of employment;
o. Health status, including any current medical or mental health needs;
p. Emergency contact (name, relationship, address and phone number);
q. Telephone calls made by the inmate at time of admission;
r. Driver's license and social security numbers;
s. Notation of case and all property; and t. Additional information concerning special custody requirements, service needs, or other identifying information such as birthmarks or tattoos.
7.2. Case record management. Case record management shall include, but is not limited to, the establishment, utilization, content, privacy, security and preservation of records, and a schedule for the retirement or destruction of inactive case records. These procedures shall be reviewed annually.
7.3. Custody records. The facility shall maintain custody records on all inmates committed or assigned to the facility, that contain, but are not limited to, the following:
7.4. Format. The contents of inmate records shall be identified and separated according to an established format.
7.5. Case records. A current and accurate classification or case record shall be maintained for each inmate committed to or housed in the facility. Procedures shall be established to safeguard legally privileged or confidential information. The records shall contain, at a minimum, the following:
a. Classification and reclassification decisions;
b. Reports of disciplinary actions, grievances, incidents and crimes committed while in custody;
c. Medical and mental health information relevant to the classification; and, d. Information on work or study release when applicable.
7.6. Identification system. The jail facility shall maintain a system which identifies all inmates in custody and their actual physical location.
7.7. Access to records. Those persons within the jail facility and other authorized persons who have direct access to inmate classification or case records shall be defined.
7.8. Release of information. The administration shall use a consent form which complies with applicable federal and state regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information, as required by statute or regulation, and a copy of the form shall be maintained in the inmate's case record.
W. Va. Code R. § 95-1-8 Physical Plant
8.1. General. All new jail facilities shall be designed, constructed, maintained and operated in accordance with the rules promulgated by the State Fire Commission in State Fire Code 87CSR1. All existing jail facilities must comply with the provisions of State Fire Code 87CSR1.
8.2. Safety of occupants. Because the safety of all occupants in all detention and correctional facilities cannot be adequately assured solely by a dependence upon evacuation from the building, their protection from fire shall be provided by appropriate arrangement of facilities, an adequately trained staff, and careful development of operating, security, and maintenance procedures to include the following:
a. Proper design, construction and compartmentalization;
b. Provisions for fire detection, alarms and extinguishment;
c. Fire prevention programs which include planning, training, and drills covering such protective activities as: Isolation of the fire; transfer of occupants to areas of refuge; and evacuation of the facility or measures for in-place protection of the occupants; and, d. Security provisions to the degree necessary to provide for the safety of both the occupants of the facility and the general public.
8.3. State Fire Marshal review. Plans and specifications for all new jail facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
8.4. State Fire Marshal certificate. No facility shall be occupied until a certificate of occupancy is issued by the State Fire Marshal's office.
8.5. Activity areas. All activity areas shall have sufficient air circulation (at least ten (10) cubic feet of outside or filtered air per minute per occupant), lighting and sanitary facilities. These areas include multipurpose rooms, recreation areas for inmates, or work areas for staff. Temperatures shall be maintained appropriate to the summer and winter comfort zones with consideration for the activity performed.
8.6. Inmate booking and release area. The inmate booking and release area shall be located inside the security perimeter, but outside inmate living quarters, and have the following facilities:
a. Booking area;
b. Security vestibule or sally port;
c. Access to drinking water;
d. Shower facilities;
e. Secure storage for inmate's personal property;
f. Telephone facilities;
g. Private interview space(s);
h. Temporary holding rooms with sufficient fixed seating for all inmates at its rated capacity; and, i. Operable toilets and wash basins.
8.7. Double Bunking of Inmates. Double bunking of inmates is permitted to the extent that the practice does not violate federal law or standards.
8.8. Floor space. All single rooms or cells in detention facilities shall have at least seventy (70) square feet of floor space.
8.9. Environment. All rooms or cells shall have access to the following facilities and/or conditions;
a. A toilet above floor level which is available for use without staff assistance twenty-four (24) hours a day;
b. A wash basin and drinking water;
c. Hot and cold running water;
d. A bed above floor level, a desk or writing surface, a clothes hook or closet space, and appropriate seating;
e. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming areas. (In additions to existing jail facilities and in new jail facilities, the lighting shall be both inmate and centrally controlled);
f. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;
g. Temperatures appropriate to the summer and winter comfort zones;
h. Noise levels not exceeding seventy (70) decibels in daytime and forty-five (45) decibels at night; and, i. Natural lighting.
8.10. Multiple occupancy. Where used, multiple occupancy rooms shall house no more than fifty (50) inmates each. Inmates shall be screened prior to admission to determine their suitability to group living. Multiple occupancy rooms shall provide for the following:
a. Continuous observation by staff;
b. A minimum floor area of fifty (50) square feet per occupant in the sleeping area and a clear floor to ceiling height of not less than eight (8) feet;
c. Toilet and shower facilities with a minimum of one operable toilet and one shower for every eight (8) occupants;
d. One operable wash basin with hot and cold running water for every six (6) occupants;
e. Natural lighting;
f. Beds above floor level, a desk or writing surface, appropriate seating;
g. A locker for each occupant;
h. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;
i. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;
j. Temperatures appropriate to the summer and winter comfort zones; and, k. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.
8.11. Segregation rooms. Segregation rooms shall provide living conditions which approximate those of the general inmate population. Any exceptions shall be clearly documented. Segregation housing units shall provide for the following:
a. Single occupancy rooms or cells with a floor area of at least seventy (70) square feet;
b. A bed above floor level, a desk or writing space and appropriate seating;
c. Continuous access to toilet facilities above the floor level;
d. Hot and cold running water;
e. Natural light;
f. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;
g. Air circulation of at least ten (10) feet of outside or recirculated, filtered air per minute per occupant;
h. Temperatures appropriate to the summer and winter comfort zones; and, i. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.
8.12. Communication. A room used for segregation shall permit inmates assigned to it to communicate with staff and have a door which permits observation by staff.
8.13. Continuous staff observation. When seriously ill, mentally disordered, injured or non-ambulatory inmates are held in the facility, there shall be at least one single-occupancy cell or room for them which provides for continuous staff observation.
8.14. Sleeping quarters. When both males and females are housed in the same facility, they shall be provided separate sleeping quarters which are separated visually and acoustically.
8.15. Perimeter security. The security perimeter shall be secured in a manner which provides that inmates remain within the perimeter and that access by the general public is denied without proper authorization.
8.16. Storage security. Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment and the equipment shall be located in an area which is readily accessible to authorized persons only.
8.17. Security Vestibules/Sally ports. There shall be security vestibules or sally ports between inmate areas and areas accessible to the public.
8.18. Day room. There shall be a separate day room or leisure time space for each cell block or detention room cluster, with space equivalent to a minimum of thirty-five (35) square feet per inmate.
8.19. Exercise areas. Space outside the cell or room shall be provided for inmate exercise. Indoor and outdoor exercise areas shall be secure and available to all inmates. Outdoor areas shall have adequate space and equipment to permit regular outdoor sports activities. For jail facilities with bed capacity of more than one hundred (100) inmates, this area shall be increased in proportion to the inmate population and shall provide adequate opportunity for exercise. Indoor exercise programs may be conducted in a multipurpose room or day room: Provided, that the space is available and the location is acceptable. Indoor space shall be an area in which lighting, temperature and ventilation is artificially controlled.
8.20. Kitchen. When the jail facility provides food service, the kitchen shall have a minimum of two hundred (200) square feet of floor space.
8.21. Employee space. Consistent with the size of the facility, space shall be provided for administrative, professional and clerical staff, including conference rooms, an employee lounge, a storage room for records, a public lobby and toilet facilities.
8.22. Multipurpose room. There shall be at least one multipurpose room available for inmate activities such as religious services, education programs, or visiting.
8.23. Janitor closet. A room or closet equipped with a sink shall be provided for the storage of cleaning supplies and equipment.
8.24. Storage space. Storage space shall be provided for clothing, bedding and facility supplies.
8.25. Storage of personal property. Space shall be provided for the secure storage of inmates' personal property.
8.26. Maintenance and repairs. There shall be a written plan for preventive maintenance of the physical plant with provisions for emergency repairs or replacement of equipment. This plan shall be reviewed annually and updated if needed.
8.27. Accessibility. A new jail facility shall be geographically accessible to criminal justice agencies, community agencies and inmates' lawyers, families and friends.
8.28. Layout. The jail facility shall be designed and constructed so that inmates can be separated according to existing laws and regulations, or according to the facility's classification.
8.29. Disabled inmates. Disabled inmates shall be housed in a manner which provides for their safety and security. Cells or housing units used by them shall be designed in accordance with the American National Standards Institute (ANSI) Standard A117, and provide the maximum possible integration with the general population. Appropriate institutional programs and activities shall be accessible to disabled inmates confined in the jail facility.
8.30. Disabled visitors. All parts of the facility which are accessible to the public shall be accessible to and usable by disabled persons.
W. Va. Code R. § 95-1-9 Safety and Emergency Procedures
9.1. Policies and procedures. Written policies and procedures shall be adopted which specify the jail facility's fire prevention regulations and practices. For purposes of clarification and identification these procedures and standards of fire prevention are divided into two (2) classifications:
a. General requirements applicable to all occupancies covered by the State Fire Code; and, b. Specific detention and correctional occupancies.
9.2. General requirements. The following includes the general requirements applicable to all occupancies covered by the State Fire Code.
9.2.1. Construction, repair and improvement operations. Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, ladders or other approved means or devices arranged in accordance with the general principles of the State Fire Code insofar as they can reasonably be applied to buildings under construction. Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building of normally low or ordinary hazard classification while the building is occupied only if the conditions of use and safeguards provided are such as not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.
9.2.2. Reliability of means of egress. Every required exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.
9.2.3. Furnishings and decorations. Furnishings and decorations in the means of egress are subject to the following:
a. No furnishings, decorations, or other objects shall be so placed as to obstruct exits, access thereto, egress therefrom, or visibility thereof;
b. Hangings or draperies shall not be placed over exit doors or conceal or obscure any exit. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit; and, c. There shall be no obstruction by railing, barriers, or gates that divide the open space into sections appurtenant to individual rooms, apartments, or other uses. Where the jail facility administrator having jurisdiction finds the required path of travel to be obstructed by furniture or other movable objects, he or she may require that railings or other permanent barriers be installed to protect the path of travel against encroachment.
9.2.4. Equipment maintenance and testing. Equipment maintenance and testing shall include the following:
a. Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door, and other item of equipment required by this rule shall be continuously maintained in proper operating condition;
b. Any equipment requiring testing or periodic operation to assure its maintenance shall be tested or operated as specified elsewhere in this rule or as directed by the authority having jurisdiction;
c. Systems shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and who has general charge of all alterations and additions;
d. Systems shall be tested at intervals recommended by the appropriate section of State Fire Code 87CSR1;
e. All automatic sprinkler systems required by State Fire Code 87CSR1 shall be continuously maintained in operating condition at all times, and such periodic inspections, tests and maintenance shall be conducted as is necessary to assure proper operation; and, f. Fire alarm signaling and detection equipment shall be restored to service as promptly as possible after each test or alarm and shall be kept in normal condition for operation.
9.2.5. Furnishings, decorations and treated finishes. Furnishings, decorations and treated finishes are subject to the following:
a. Draperies, curtains and other similar furnishings and decorations shall be flame resistant where required by the applicable provisions of State Fire Code 87CSR1. The materials required in this section are to be tested in accordance with Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA701 and shall comply with both the small and large-scale tests;
b. Furnishings or decorations of an explosive or highly flammable character shall not be used; and, c. Fire retardant paints or solutions shall be renewed at such intervals as necessary to maintain the necessary flame retardant properties.
9.2.6. Fire Exit Drills. Fire drills are subject to the following requirements:
a. Fire exit drills conforming to the provisions of State Fire Code 87CSR1 shall be regularly conducted in occupancies where specified by that rule;
b. Fire exit drills, where required by the authority having jurisdiction, shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine;
c. Responsibility for the planning and conduct of drills shall be assigned only to competent persons qualified to exercise leadership;
d. In the conduct of drills, emphasis shall be placed upon orderly evacuation under proper discipline rather than upon speed;
e. Drills shall include suitable procedures to make sure all persons in the building, or all persons subject to the drill, actually participate; and, f. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions prevalent in case of fire.
9.3. Detention and correctional occupancies. The following includes those requirements specifically directed to detention and correctional occupancies.
9.3.1. Attendants, evacuation plan, fire exit drills. Attendants, evacuation plan, and fire exit drills shall include the following:
a. Detention and correctional facilities, or those portions of facilities having such occupancy, must be provided with twenty-four (24) hour staffing on any floor level having residency and located within one hundred (100) feet (30.48m) of the access to any housing area. Under Use Conditions III, IV and V, as defined in State Fire Code 87CSR1 for classification of correctional occupancies, audio monitoring shall be provided for every sleeping space;
b. The jail facility administrator of every detention and correctional facility shall have in effect and provide to all supervisory personnel, written copies of a plan for protection of all persons in the area in event of fire and for their evacuation to areas of refuge and from the building where necessary. All employees shall be periodically instructed and kept informed of their duties under the plan;
c. Books, clothing and other combustible personal property allowed in sleeping rooms shall be stored in closeable metal lockers or fire resistant containers; and, d. The number of heat producing appliances (such as toasters, hot plates, etc.) and the overall use of electrical power within a sleeping room will be controlled by the jail facility administration.
9.3.2. Furnishings and decorations. Furnishings and decorations are subject to the following requirements:
a. Furnishings and decorations in detention and correctional occupancies shall be in accordance with State Fire Code 87CSR1;
b. Combustible decorations are prohibited in any detention or correctional occupancy unless flame retardant;
c. Wastebaskets and other waste containers shall be of noncombustible or other approved materials;
d. Furnishings, such as mattresses and upholstered or cushioned furniture shall not be of a highly flammable character; and, e. Window draperies, curtains for decoration or acoustical purposes and privacy curtains shall be non-combustible or rendered and maintained flame resistant as per Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA701.
9.3.3. Keys. All keys necessary for unlocking doors installed in means of egress shall be individually identified by both touch and sight.
9.3.4. Storage of flammable, toxic and caustic material. Written policy and procedures shall govern the storage and use of all flammable, toxic, and caustic materials which ensure that inmates are never in possession of items such as lye, insecticide, anti-freeze and denatured alcohol, unless they are under constant supervision by qualified personnel. Such material shall be stored in secure areas which are inaccessible to inmates; a prescribed system shall be used to account for their distribution.
9.3.5. Fire and safety officer. A staff member with appropriate training shall be appointed as Fire and Safety Officer. This officer is responsible for monthly inspection of the facility, development of Standing and Emergency Operating Procedures relating to fire safety and for staff training in fire safety.
9.3.6. Inspection. Each facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
W. Va. Code R. § 95-1-10 Sanitation and Hygiene
10.1. Responsibility. Jail facility authorities shall maintain the facility in a condition that is clean, healthful and sanitary and which conforms to all applicable health laws and rules. The use and possession of tobacco, tobacco products and tobacco-like products shall be prohibited in all jail facilities and all facilities jointly operated by the Regional Jail & Correctional Facility Authority and the Division of Corrections.
10.2. Maintenance. Jail facility authorities shall develop and implement a plan for the maintenance of all areas of the jail facility at an acceptable level of cleanliness and sanitation. The plan shall provide for a regular schedule of housekeeping tasks and inspections which shall include, but not be limited to, the following:
a. The daily cleaning of toilets, sinks and showers;
b. The daily cleaning of floors;
c. The emptying and cleaning of receptacles provided for refuse each day and provision for adequate trash removal;
d. The scrubbing and rinsing of each living unit, washing of windows, cleaning of janitors' closets, and dusting of bars, screens and ledges on a regular basis;
e. The contracting of extermination services to be performed with sufficient frequency and thoroughness to keep the jail facility free from insects and vermin. Services shall include, at a minimum, monthly inspections by a qualified person; and, f. The cleaning and sanitary maintenance of all kitchen areas and all kitchen equipment.
10.3. Inspections. There shall be regular sanitation inspections of all jail facility areas by a designated staff member; at least annual inspections by federal, state and/or local sanitation and health officials, or other qualified person(s); and, compliance with all applicable laws and rules of the governing jurisdiction.
10.4. Water supply. The water supply and plumbing fixtures shall meet all applicable codes and be maintained in operable and sanitary condition. Water samples from both drinking and waste water shall be tested periodically to ensure that the jail facility's water meets all applicable laws. The facility shall provide hot and cold running water.
10.5. Cleaning equipment. Inmates shall be provided sufficient cleaning equipment to maintain their cells in a clean condition.
10.6. Floors. Jail facility floors shall be kept clean, dry, and free of hazardous substances. Floors shall be inspected regularly throughout the day for cleanliness. Particular attention should be given to potentially hazardous areas, such as showers, kitchens, detoxification rooms, boiler and furnace rooms.
10.7. Personal hygiene items. The jail facility shall provide each inmate, as part of the admission process, and thereafter as necessary, an adequate supply of soap, toothpaste, toilet paper, toothbrushes, combs, and feminine hygiene supplies. Timely access to shaving equipment shall also be provided.
10.8. Facility clothing. Clean, suitable, and presentable clothing shall be available to all inmates at all times. It is essential that inmates be provided clothing that is properly fitted, climatically suitable, durable, economical, easily laundered and repaired, and presentable to the extent that they do not provide such clothing themselves. Outer wear shall be available for recreation and work assignments.
10.9. Special clothing. Inmates shall be issued special, and where appropriate, protective clothing and equipment when participating in special work assignments. The clothing shall be available in quantities which permit exchange as frequently as the work assignment requires.
10.10. Bedding. Each inmate shall be provided with one clean, fire retardant mattress, two (2) clean sheets, a clean pillow and clean pillow case. Worn bedding and linen which are unfit for further use shall not be issued. Clean blankets shall be provided in a number appropriate to the season.
10.11. Towels. Each inmate shall be provided a clean towel and washcloth at least three (3) times a week.
10.12. Laundry of bedding. Laundry services shall be sufficient to permit the regular exchange of sheets and pillowcases at least weekly. Mattresses shall be cleaned or replaced as appropriate.
10.13. Laundry of clothing. Clean undergarments shall be provided daily and outer garments every other day, or as appropriate.
10.14. Recording. The issuance of all clothing and bedding shall be recorded to provide accountability for their use. Inmate accountability for clothing and bedding shall be specified in the Handbook of Inmate Rules and Conduct.
10.15. Supply. The clothing, linen, and bedding supply shall exceed that required for the maximum inmate population. This excess will allow for the replacement of items that are lost, destroyed or worn out.
10.16. Cleaning and storage of personal clothing. There shall be provision for cleaning and storage of inmate personal clothing. Prior to storage, inmate clothing shall be cleaned and/or disinfected to prevent the accumulation of odors and vermin.
10.17. Court appearance. Whenever the court so directs, inmates shall be permitted to wear personal clothing during court appearances.
10.18. Removal of linen and bedding. Linen and bedding shall be removed from an inmate's bed only under extreme circumstances such as to protect the inmate from self-injury. An action to remove linen or bedding shall be reviewed daily by the supervisor and the deprivation ended as soon as practical. A record shall be kept of all such actions taken.
10.19. Showers. There shall be sufficient facilities in the housing areas to permit inmates to shower or bathe upon admission to the facility and daily thereafter.
10.20. Water temperatures. Water temperatures for showers or bathing shall be thermostatically controlled to ensure the safety of inmates.
10.21. Access to water. Inmates shall have continuous access to a washstand with running hot and cold water.
10.22. Hair care. Hair care services and facilities shall be available to inmates. Hair shall be cut under sanitary conditions. The area used for hair care shall be located to permit observation by staff. Equipment shall be stored securely when not in use.
W. Va. Code R. § 95-1-11 Security and Control
11.1. Manual. Written policies and procedures for security and control, including procedures for emergencies, shall be contained in a manual which is available to all staff and is reviewed annually and updated as needed.
11.2. Control center. The jail facility shall maintain a control center.
11.3. Communication system. The jail facility shall have a communication system between the control center and the inmate living areas.
11.4. Alarm system. The jail facility shall have an emergency alarm system that is linked to the control center; signal devices shall be located throughout the facility.
11.5. Secure perimeter. All security perimeter entrances, control center doors and cell block doors which open into a corridor shall be kept locked except when in use for admission or exit of employees, inmates or visitors or during emergency conditions.
11.6. Electronic surveillance. When audio or visual electronic surveillance is used, it shall be located primarily in hallways, elevators, corridors or at points on the security perimeter, such as entrances and exits.
11.7. Immediate assistance. No staff member shall enter a high security cell block without the availability of immediate assistance from another staff member.
11.8. Inmate movement. Jail facility staff shall regulate inmate movement.
11.9. Personal interaction. Written policies and procedures shall facilitate personal contact and interaction between staff and inmates. Supervision of inmates shall be conducted by staff of the same sex whenever procedures require physical contact, examination or monitoring of personal hygiene activities.
11.10. Staffing. The jail facility shall have the staff needed to provide full coverage of designated security posts, full surveillance of inmates, and to perform all ancillary functions.
11.11. Emergency response. Correctional officers shall be located in or immediately adjacent to inmate living areas to permit officers to hear and respond promptly to emergency situations.
11.12. Observation. Written policies and procedures shall require that all high and medium security inmates shall be personally observed by a correctional officer at least every thirty (30) minutes, but on an irregular schedule. A schedule of observation at least every fifteen (15) minutes shall be required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior.
11.13. Daily record. The jail facility administration shall maintain a written daily record of the following:
a. Personnel on duty;
b. Inmate population count;
c. Admissions and release of inmates;
d. Shift activities;
e. Entry and exit of physicians, attorneys and other visitors; and, f. Unusual occurrences.
11.14. Daily inspections. Designated staff shall visit and inspect every area of the facility daily, including holidays and weekends, and report their findings in writing to designated officials with recommendations for action or with notations of action taken.
11.15. Weekly inspections. The jail facility administrator or his or her designee shall inspect all security facilities and devices at least weekly and initiate corrective action if needed.
11.16. Searches. Written policies and procedures shall provide for searches of facilities and inmates to control contraband and provide for its disposition and to develop recommendations for corrective action. Procedures shall provide that:
a. Manual or instrument inspection of inmate body cavities is conducted only when there is reason to do so and when authorized by the jail facility administrator or his or her designee;
b. Visual inspections are conducted only when there is a reasonable belief that the inmate is carrying contraband or other prohibited material;
c. Strip searches are done without specific authorization only upon entry to the facility and at all other times are based on articulated suspicion; and, d. All such inspections are conducted in privacy and manual or instrumental inspection of body cavities is done by medically trained personnel or correctional personnel trained by health care personnel.
11.17. Preservation of evidence. The procedures governing searches shall require the preservation of evidence when a new crime is suspected. Searches shall be authorized only by the administrator or his or her designee.
11.18. Search policy published. The jail facility's policy regarding searches for the control of contraband shall be published, made available to both staff and inmates, reviewed at least annually and updated if necessary.
11.19. Control of security equipment. Written policies and procedures shall govern the availability, control and use of firearms, ammunition, chemical agents, "stun guns", and related security devices, and require that sufficient security equipment is available to meet the jail facility's needs.
11.20. Storage of security equipment. The procedures shall provide that security equipment is stored in a secure but readily accessible depository located outside inmate housing and activity areas, and is inventoried at least monthly to determine condition and expiration dates, if any there be.
11.21. Use of weapons. Written policies and procedures shall be established regarding the use of weapons, and shall include federal and state requirements, weapons security, weapons instructions and inspections, use of deadly force, and other appropriate actions to be taken regarding life threatening situations. The policies and procedures shall include the following requirements:
a. Weapons are subject to stringent safety regulations and inspections;
b. The secure weapons locker is located outside the security perimeter of the facility;
c. Only during emergency situations are firearms and weapons, such as nightsticks or gas guns, permitted in areas to which inmates have access. At all other times, such weapons are maintained in areas to which inmates do not have access;
d. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee has reason to believe that a person's life is immediately threatened; and, e. Employees on duty only use firearms or other security equipment which have been issued through the jail facility and only when directed by or authorized by the jail facility administrator or his or her designee.
11.22. Written record. Each jail facility shall maintain a written record of both routine and emergency distribution of security equipment.
11.23. Written reports. Any employee who discharges a firearm, uses chemical agents or any other weapons, or uses force to control any inmate shall submit a written report to the jail facility administrator or his or her designee no later than the conclusion of his or her tour of duty.
11.24. Injuries. All persons injured in an incident shall receive an immediate medical examination and treatment, if required.
11.25. Incident reports. Written policies and procedures shall require prompt oral and written reporting of all incidents that result in physical harm to, or which threaten the safety of, any person in the facility, or which threaten the security of the facility.
11.26. Keys. Written policies and procedures shall govern the control and use of keys.
11.27. Tools. Written policies and procedures shall govern the control and use of tools, culinary and medical equipment.
11.28. Correctional/Security posts. There shall be written orders for every correctional/security post which are reviewed annually and updated if necessary.
11.29. Post orders. Procedures shall require that personnel read, sign and date the appropriate post orders each time they assume a new post.
11.30. Escapes. Procedures regarding escapes shall be available to all personnel, and shall be reviewed at least annually and updated if necessary.
11.31. Riots and other disturbances. There shall be plans that specify procedures to be followed in situations including, but not limited to, riots, hunger strikes, disturbances and the taking of a hostage. These plans shall be made available to applicable personnel, and reviewed and updated at least annually.
11.32. Mass arrests. There shall be procedures to be followed in the event of a mass arrest which results in the admission of inmates in excess of the maximum capacity of the jail facility.
11.33. Work stoppage. There shall be a written plan that provides for continuing jail facility operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, who are required to familiarize themselves with it.
11.34. Physical force. Written policies and procedures shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property and prevention of escapes, and only when it is necessary to control inmates and in accordance with appropriate statutory authority. In no event is physical force justifiable as punishment. Any employee who uses physical force shall prepare a written report of the incident and submit it to the jail facility administrator.
11.35. Mechanical restraints. Instruments of restraint shall be used only as a precaution against escape, during transfer or transport, for medical reasons by direction of the medical officer, and as a preventive measure against inmate self-injury, injury to others or property damage when there is approval from the facility administrator or his or her designee. They shall be applied for only the length of time necessary to regain control of the inmate.
11.36. Inmate authority. No inmate or group of inmates shall be given control or authority over other inmates.
11.37. Shift reports. Correctional staff members shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
11.38. Weekly inspection. The jail facility administrator or his or her designee, the chief correctional officer, and other department heads shall inspect the facility's living and activity areas at least weekly.
11.39. Transportation of inmates. When transportation is the responsibility of facility staff, written policies and procedures shall govern the transportation of inmates outside the facility.
11.40. Facility vehicles. Written policies and procedures shall govern the use and security of facility vehicles.
11.41. Personal vehicles. Written policies and procedures shall govern the use of personal vehicles for official purposes, including provision for insurance coverage.
W. Va. Code R. § 95-1-12 Special Management Inmates
12.1. Operation of segregation units. Written policies and procedures shall provide for the operation of segregation units for the supervision of inmates under administrative segregation, protective custody or disciplinary detention.
12.2. Immediate segregation. Only the facility administrator or his or her designee can order immediate segregation of an inmate and then only when it is necessary to protect the inmate or others.
12.3. Disciplinary detention. Inmates shall be placed in disciplinary detention for a rule violation only after a hearing by the appropriate committee, or hearing officer, and when no other available alternative dispositions are adequate to regulate the inmate's behavior within acceptable limits and the inmate's presence in the general population poses a serious threat to the orderly operation or security of the jail facility.
12.4. Administrative segregation. Inmates shall be placed in administrative segregation only after a hearing before the jail facility administrator or shift supervisor, classification committee, or other standing committee specifically designated for this purpose.
12.5. Administrative segregation hearing. Placement in administrative segregation should be preceded by the inmate receiving notice of intended placement, appearance at the hearing and an opportunity to present his or her case to the hearing officer(s).
12.6. Review of administrative segregation. The status of the inmate shall be reviewed at least every fifteen (15) days to determine whether the reasons for initial placement in segregation continue to exist. If the reasons do not, the inmate shall be released from segregation.
12.7. Release and appeal from administrative segregation. An inmate shall be released from administrative segregation by action of the appropriate committee with jurisdiction over the inmate's placement in this status, or an appeal to the jail facility administrator or appropriate supervisory authority.
12.8. Protective custody. An inmate shall be admitted to the segregation unit for purposes of protective custody only when there is documentation that protective custody is warranted and no reasonable alternatives are available. Protective custody shall be used only for short periods of time, except when an inmate needs long-term protection, and the facts are well documented. When an inmate consents to protective custody, his or her consent shall be fully documented with a consent form signed by the inmate. The inmate may at any time request reassignment to the general inmate population.
12.9. Review of protective custody. Inmates in protective custody shall have their status reviewed by the appropriate personnel at least every fifteen (15) days.
12.10. Appeal of protective custody. When inmates are placed in protective custody an appeal process shall be provided to the jail facility administrator or an appropriate supervisory authority.
12.11. Isolation. The responsible physician shall approve a plan guiding the use of restraints in isolation. For an inmate to be kept in isolation for more than twenty-four (24) hours, a physician or mental health professional shall determine upon evaluation that the inmate is a threat to himself or herself or others. Transfer of the inmate to a hospital or state institution may be appropriate. Isolation shall be reviewed as soon as possible by the jail facility supervisor but in no event later than six (6) hours after the initial placement in isolation. Inmates placed in isolation as a result of being out of control shall be released immediately upon their regaining self-control. An appeal process to the jail facility administrator or the appropriate supervisory authority shall be provided.
12.12. Isolation observation. A monitoring procedure shall be developed to require observation of inmates in isolation. The procedures shall include regular observations and at least an hourly recording of the behavior observed. The individual recording shall include the following information: the inmate's name; the date and hour of placement in isolation; the reason or basis for placement in isolation; the behavior exhibited while in isolation; the release time; any physical or mental problems or needs; and, any visits by health personnel.
12.13. Permanent log in segregation units. Staff members in any segregation unit shall maintain a permanent log. Admissions of all inmates to these units shall be recorded with the following information included for each inmate: the inmate's name; the inmate's number; the inmate's previous housing location; the date admitted; the type of infraction or reason for admission; the tentative release date; and, any special medical or psychiatric problems or needs. The log should be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.
12.14. Observation of potentially suicidal inmates. Inmates who are classified as potentially suicidal shall be continuously monitored which shall include a verbal exchange between the inmate and the monitoring staff. A recording of this monitoring shall be made and placed in the inmate's health record. High risk persons shall be placed on continuous observation.
12.15. Deprivation of authorized item or activity. Whenever an inmate in segregation is deprived of any usually authorized item or activity, a written report of the action shall be made and forwarded to the jail facility administrator. The report shall identify the inmate, the item or activity he or she was deprived of, and the reasons for the action. The report shall be forwarded to the chief security officer as soon as possible. If circumstances warrant the removal of all of an inmate's personal items, approval for this action shall be obtained in advance from the jail facility administrator or his or her designee. No item or activity shall be withheld longer than is necessary to ensure the inmate's safety and the well-being of the staff and other inmates. In no case shall an inmate be deprived of an item or activity for the purpose of punishment unless proper disciplinary process has been utilized.
12.16. Meals. Inmates in segregation shall receive the same meals as those served to the general population. Deprivation of food shall never be used as punishment.
12.17. Shower. Inmates in segregation shall have the opportunity to shave and shower daily. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, unless the activities present an undue security hazard.
12.18. Clothing, bedding, hair care service. The issuance and exchange of clothing, bedding and linen and laundry of those articles, barbering and hair care services shall be provided for inmates in segregation on the same basis as for inmates in the general population; exceptions to this rule are permitted only where found necessary by the senior officer on duty, and are recorded in the log required by section 12.13 of this rule and justified in writing. Inmates in segregation shall be afforded the same hygienic living conditions as the general inmate population.
12.19. Mail. Inmates in segregation shall be provided the same opportunities for the sending and receiving of letters as are available to the general inmate population. Letters shall be delivered promptly. If any item is rejected consistent with the policies and procedures for sending and receiving letters, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.
12.20. Visitation. Inmates in segregation shall be provided opportunities for visitation, unless there are substantial reasons for withholding such privileges. Every effort shall be made to notify the inmate and any approved visitors of any restrictions on visiting. This practice will avoid disappointment and unnecessary inconvenience for the visitors.
12.21. Telephone. Inmates in disciplinary detention shall be allowed limited telephone privileges, which consist of telephone calls related specifically to access to the judicial process and family emergencies as approved by the jail facility administrator or his or her designee. Inmates in administrative segregation and protective custody shall be allowed telephone privileges.
12.22. Legal materials. Inmates in segregation shall have access to both personal legal materials and to available legal reference materials. Reasonable arrangements shall be made to assist these inmates in meeting court deadlines.
12.23. Reading materials. Inmates in segregation shall have access to reading materials.
12.24. Exercise. Inmates in segregation shall be allowed the same opportunity for recreation as those in the general population unless specific temporary security restrictions are designated in writing by the jail facility administrator in advance.
12.25. Programs and services. Inmates in segregation shall be allowed to participate in facility programs to the same extent as the general inmate population, providing their participation is consistent with the safety and security of the facility and the community. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.
12.26. Visits from staff. Inmates in segregation shall receive daily visits from the chief security officer or the shift supervisor, members of the program staff upon request, or a qualified health care official three (3) times per week unless medical attention is needed more frequently.
12.27. Staffing of segregation units. Written policies and procedures shall govern selection criteria, supervision and assignment of staff who work with inmates on a regular and daily contact basis in segregation units. Procedures shall be established to supervise and evaluate the on-the-job performance of all staff members who work with inmates in segregation. Administrative procedures shall exist for promptly removing ineffective staff members from these positions. The need for reassignment shall be based on the intensity of the assignment.
W. Va. Code R. § 95-1-13 Food Service
13.1. Menu inspection. A qualified nutritionist shall inspect and approve menus in advance of adoption and make recommendations regarding diets to assure adherence to nationally recommended basic daily caloric and nutritional requirements.
13.2. Review. All menus, including special diets, shall be planned, dated, and available for review at least one month in advance; notations shall be made of any substitutions in the meals actually served. Substitutions shall be of equal nutritional value.
13.3. Temperature. Meals must be served at the appropriate temperature. There shall be at least two (2) hot meals a day.
13.4. Meal variety and nutrition. Meals must include variety and be nutritious. There shall be a rotation of at least four (4) weeks duration of planned menus prepared by a registered dietician under the direction of the food service provider.
13.5. Special diets. Special diets for medical and religious reasons shall be provided.
13.6. Management. A staff member experienced in food service management shall be responsible for food service management and operations.
13.7. Health protection. Adequate health protection shall be provided for all inmates and staff in the jail facility as well as inmates and other persons working directly in food service. All food handlers, the jail facility, and food preparation equipment shall meet all applicable health and safety standards. Inmate food handlers shall be required to receive a complete physical examination prior to job assignment.
13.8. Food service records. Records of daily menus shall be maintained; any deviations from planned menus shall be appropriately noted on the records. Records of inmates' refusal to eat shall be noted in their medical files.
13.9. Restriction. Restriction of food shall not be used as a disciplinary punishment.
13.10. Toilet and hand washing facilities. A toilet and hand washing facility shall be available to food service personnel and inmates assigned to work in the food service preparation area.
13.11. Regimentation. Meals shall be served under conditions which minimize regimentation, although supervision of group dining by staff members should be available. Meals shall not be served in cells unless it is necessary for purposes of safety and security or the inmate is under disciplinary, administrative or medical segregation. When a meal is served in a cell a small table or shelf and appropriate seating distanced from the toilet shall be provided.
13.12. Frequency. At least three (3) regular meals, at least two (2) of which are hot, shall be served at regular meal times during each twenty-four (24) hour period with no more than thirteen (13) hours between the beginning of the evening and breakfast meals.
13.13. Budgeting, purchasing and accounting. The food service operations shall use budgeting, purchasing and accounting practices that include, but are not limited to, the following systems:
a. Food expenditure cost accounting designed to determine cost per meal;
b. Estimation of food supply requirements;
c. Purchase of supplies at wholesale prices and under other favorable conditions, when possible;
d. Determination of and responsiveness to inmate eating preference; and, e. Refrigeration and storage of food with specific storage periods.
13.14. Equipment and dining area inspection. Inspection of food service and dining areas shall be subject to the following conditions:
a. Weekly general inspection of food service, dining and food preparation areas and equipment by a trained individual who shall maintain a record of such inspections;
b. Daily inspection of the sanitary condition and proper operation of temperature controlled food storage facilities for food supplies; and, c. Daily inspection of refrigerators and dish washing temperatures by food service personnel to assure that proper operating temperatures are maintained.
13.15. Documentation. Documentation shall be maintained that complies with health and safety regulations.
13.16. Utensils. All inmates shall be provided appropriate utensils and drinking cups with meals.
W. Va. Code R. § 95-1-14 Medical and Health Care Services
14.1. Right to medical care. All inmates shall have prompt access to necessary medical, dental and psychiatric care provided in a reasonable manner by licensed personnel.
14.2. Responsibility. Medical, dental and mental health decisions involving clinical judgements shall be the sole province of the responsible health care professional. The jail facility administrator shall provide administrative support for the availability of medical care to inmates and shall advise the health care professionals concerning jail facility security.
14.3. Responsible physician. A responsible physician shall be designated to approve health care policies, procedures and agreements which may include the use of emergency rooms in local hospitals. Each jail facility shall have agreements or provisions for twenty-four (24) hour coverage by an on-call physician. All physicians and dentists examining or treating inmates shall be licensed to practice in the State of West Virginia.
14.4. On site health authority. An on site health authority shall be designated and present at all times. The health authority may be a physician, physician's assistant, registered nurse, licensed practical nurse, nurse practitioner, paramedic, emergency medical technician, or a health trained staff member.
14.5. Medical autonomy and jail facility administration. Medical decisions shall be made only by the physician or his or her designee. It shall be made clear to the health authorities, that security rules which apply to non-medical jail facility staff also apply to health care staff. The jail facility administrator shall provide information and orientation concerning security rules to health care staff.
14.6. Duties and responsibilities. Appropriate state and federal licensure, certification or registration requirements and restrictions apply to personnel who provide health care services to inmates. The duties and responsibilities of medical care personnel shall be governed by written job descriptions approved by the responsible physician and the jail facility administrator. Verification of current credentials and job descriptions shall be on file in the jail facility. The provision of quality health care shall be ensured by the use of only qualified health care personnel to determine and supervise health care procedures. Written job descriptions shall include the qualifications required and the specific role in the health care delivery system of that position. Verification of qualifications may consist of copies of current certificates or licenses.
14.7. Administrative meetings and reports. There shall be meetings, at least quarterly, between the health care staff and the jail facility administrator to review and discuss health care programs in the jail facility. Notes of these meetings shall be kept by the jail facility administrator. The responsible physician shall submit quarterly reports on the health care delivery system and annual statistical reports. The report shall include topics such as the effectiveness of the health care delivery system, a description of any environmental factors which may require improvement, changes effected since the last report, and recommendations for corrective action if needed. The annual statistical report of inmate health care shall include the number and nature of sick call visits, diagnostic studies conducted, emergency services rendered, referrals to specialists, hospitalizations, special procedures performed, ambulance transports used, communicable diseases reported and deaths. The annual statistical report, along with an appraisal of the jail facility's health care system shall be submitted to the authority having jurisdiction over the jail facility by the responsible physician.
14.8. Review. Each policy, procedure and program in the health care delivery system shall be reviewed at least annually by the responsible physician and revised if necessary. Each policy or procedure document shall bear the date of the most recent review or revision and the signature of the reviewer.
14.9. Policies and procedures. The responsible physician shall write or approve pre-written health policies and procedures for the following components of jail facility health care:
14.9.1. Decision making for special problem inmates. Before inmates with diagnosed psychiatric or significant medical illnesses are given housing assignments, work assignments, disciplinary measures or transfers, the jail facility administrator and the responsible physician or their designees shall confer to consider any special precautions or preparations. A list of frequent illnesses which require special arrangements shall be developed. Special diets must be provided when requested by health personnel and approved by the responsible physician.
14.9.2. Notification of next of kin. The jail facility administrator or responsible physician shall notify the next of kin or legal guardian of the serious illness, serious injury or death of any inmate in the custody of the jail facility.
14.9.3. Post mortem examination. The jail facility administrator or responsible physician shall immediately notify the State Medical Examiner of the death of any inmate. The jail facility shall cooperate with the State Medical Examiner in the conduct of post mortem examination if found to be necessary.
14.9.4. Minimum staff training requirements. Health trained staff is defined as jail personnel who have the equivalent of EMT training and also have received information regarding the symptoms of physical and mental illnesses common to the inmate population (including depression and chemical dependency), basic management of seizures, medication administration, health record maintenance, recognition of potentially suicidal behavior, ability to respond to health related situations within four (4) minutes, first aid training, and procedures for transfer of inmates to appropriate medical facilities or health care providers. Training may be effected through a local hospital, emergency room, county health department, county medical society, Red Cross chapter, or any other program approved by the responsible physician. An appropriate training course may be completed in approximately 60-80 hours. Each shift shall include at least one person who has become health trained as described in this subsection. Ideally these persons shall be from the health care profession but may be health trained jail facility personnel.
14.9.5. Suicide prevention. There shall be a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional. All jail facility staff who are responsible for inmate supervision shall be trained in the implementation of the program. The staff shall be responsible for intake screening and identification of potentially suicidal inmates in an effort to prevent suicide.
14.9.6. Prohibited inmate assignments. Inmates shall not be assigned the following duties:
a. Performing direct patient care services;
b. Scheduling health care appointments;
c. Determining or controlling access to health care by other inmates;
d. Handling or having access to surgical instruments, syringes, needles, medications or health records; and, e. Operating medical equipment.
The restrictions of this subsection shall not be construed to preclude inmates from participation in a certified vocational training program. Inmates may be permitted to perform janitorial or cleaning services in the medical areas under the supervision of qualified staff.
14.9.7. Receiving Medical Screening. A receiving medical screening appraisal to elicit information pertinent to the inmates' health shall be performed on every inmate at the time of admission. The screening shall be recorded on a form which has been approved by the responsible physician. Screening is a means to discover and prevent health and safety threats to both inmates and staff. The goal of receiving screening shall be to detect any communicable diseases, chemical dependence, potential for suicide, or other medical or psychiatric problems before the inmate is placed within the jail population. When the inmate has been transferred from another facility and is accompanied by a previously completed screening form, the form shall be reviewed and verified. The receiving screening shall be conducted by a health-trained staff member. No inmate in obvious need of medical attention shall be admitted to any jail facility until such time as the arresting or transporting officer shall obtain written medical clearance indicating that the inmate is physically capable of withstanding incarceration. The screening inquiry shall include the following topical areas:
a. Current illness and health problems, including dental problems;
b. Venereal diseases and other infectious diseases;
c. Current medication and special health requirements;
d. Use of alcohol or other drugs, including types of drugs used, mode of use, amounts used, frequency of use, date or time of last use, and history of problems which may have occurred after cessation of use;
e. Past and present treatment or hospitalization for mental disturbance or attempted suicide; and, f. Other health problems as may be identified by the responsible physician.
14.9.8. Disposition. The receiving screening process shall include a recommendation to one of the following population classifications: General population, with or without referral for appropriate health care services; emergency referral to appropriate health care services; or, medical isolation and special observation.
14.9.9. Health Appraisal. Within fourteen (14) days of admission, a health appraisal shall be completed for each inmate which includes a medical history and examination which is recorded on a form approved by the responsible physician. Although a physician, physician's assistant or nurse practitioner must perform the physical examination, the health history may be completed by a health trained staff member. The health appraisal shall include the following:
a. Review of the earlier receiving screening by the examining clinician;
b. Collection of additional data to complete the medical, dental, psychiatric and dental histories;
c. Administration of laboratory and/or diagnostic tests to detect communicable diseases including tuberculosis;
d. Recording of current height, weight, pulse rate, blood pressure and temperature, any other diagnostic tests administered and comments concerning mental and dental status; and, e. The results of the medical examination, test results and other information collected shall be reviewed by a physician who shall direct the initiation of appropriate medical care and treatment.
14.9.10. Care for persons under the influence of drugs. The responsible physician shall approve policies and procedures for the identification of alcohol and drug dependence as well as subsequent management and/or transfer for the care of persons under a drug influence. Unless the jail facility has special facilities and constant medical supervision to perform detoxification, detoxification shall not be performed at the jail facility; inmates who require detoxification shall be transferred to a hospital or detoxification center designated by the responsible physician. Procedures for adequate care of persons under the influence of drugs include written policies and training concerning medical screening, observation, referral evaluation, and safety protection.
14.9.11. Psychiatric illness. Post admission screening and referral for the care of mentally ill or retarded inmates whose adaptation to the jail facility environment is significantly impaired shall be provided. Psychiatric problems identified, whether identified during receiving screening or after admission, shall be followed up by medical staff. The urgency of the presenting problem shall determine the response. Potentially suicidal and psychotic patients are emergencies and require prompt attention. Inmates awaiting emergency evaluation shall be housed in a specially designated area with constant supervision by trained staff. Inmates shall be held only for the minimum time necessary before emergency care is rendered. All sources of assistance for mentally ill or impaired inmates shall be identified in advance of need and referral procedures shall be in place for use in cases where the need exists. No person shall be housed in a jail facility solely upon an involuntary commitment proceeding pursuant to W. Va. Code '27-5-1 et. seq..
14.9.12. There shall be consultation between the jail facility administrator and the responsible physician or their designees prior to the making of housing assignment, program assignment, imposition of disciplinary measures or the transfer of any inmate who is diagnosed as having a psychiatric illness.
14.9.13. Access to treatment. Upon admission each inmate shall be informed of his or her right of access to medical treatment; in addition to verbal instruction, each inmate shall receive an information sheet which includes information about the jail facility's sick call schedule, the procedures for registration for sick call and the grievance procedures concerning medical care. The medical information sheet shall be approved by the responsible physician.
14.9.14. Daily health complaints. The health complaints of inmates shall be solicited daily and acted upon by trained personnel such as a licensed nurse or registered nurse and followed by appropriate triage and treatment by qualified personnel. Triage is the sorting and allocation of treatment of patients according to priorities of need.
14.9.15. Sick Call. Sick call is the system through which each inmate reports for and receives appropriate medical services for non-emergency illness or injury; if an inmate's custody status precludes attendance at sick call, arrangements shall be made to provide sick call services in the inmate's place of detention. Inmates will have daily access to sick call forms which shall be reviewed that day by the health authority or other person designated by the responsible physician. All complaint forms will become part of the inmate's health record. Sick call shall be performed by a licensed physician, physician's assistant, registered nurse, or other person designated by the responsible physician. Sick call is a designated time to review non-emergency medical problems and shall be held at the following intervals:
a. In jail facilities of less than fifty inmates, one time per week;
b. In jail facilities of fifty to one hundred inmates, two times per week;
c. In jail facilities of one hundred to two hundred inmates, three days per week; and, d. In jail facilities of more than two hundred inmates, five times per week.
14.9.16. Use of restraints or isolation for out of control inmates. The responsible physician shall approve a plan which guides the use of restraints or isolation and providing for mental health personnel to evaluate inmates who are repeatedly out of control or who remain out of control for more than a short amount of time. Use of physical restraints in the control of inmates inside the jail facility may only be used for the protection of the individual or others. The use of restraints shall be recorded in the inmate's record. Any time an inmate remains out of control for more than a short amount of time, mental health personnel shall be consulted.
14.9.17. Health Promotion/Wellness Promotion. The responsible physician shall consider plans which provide inmates with health education and preventive medical services.
14.9.18. Prevention of the spread of disease. Jail facilities shall establish an area for use by inmates who have medical problems which require separation or close observation. Inmates in such areas shall be allowed to participate in an appropriate form of exercise, including exercise of large muscle groups, for a minimum of one hour per day.
14.9.19. Dental Care. Dental care shall be provided to each inmate under the direction and supervision of a licensed dentist under the following conditions:
a. Each inmate shall receive a dental examination as a component of his or her health evaluation within fourteen days of admission; and, b. Emergency dental treatment for conditions which adversely affect the inmate's health shall be provided within three (3) months of admission.
14.9.20. Special medical programs. Arrangements shall be made for the provision of special medical programs, including chronic care, convalescent care and preventive medical maintenance for inmates. The special medical program shall service a broad range of health problems, e.g., seizure disorders, diabetes, potential suicide, chemical dependency, and psychosis. These special medical programs require close medical supervision. Chronic care is medical service rendered to a patient over a long period of time for conditions such as diabetes, asthma, and epilepsy. Convalescent care is medical care provided to assist a patient in the recovery from illness, injury or surgery. Preventive medical maintenance includes health education and medical services such as inoculation and immunization and is provided to take measures in advance of the onset of illness or to provide instruction in the self-care of chronic conditions. Provided that, for purposes of this rule only, use of or withdrawal from the use of nicotine shall not be considered a chemical dependency or otherwise qualify the inmate for medical or psychological treatment or counseling.
14.9.21. Prostheses. The responsible physician or dentist shall determine the medical necessity for prosthetic devices. Prosthetic devices shall be provided when medically necessary to avoid adverse affect upon the inmate's health.
14.9.22. Management of pharmaceutical. Procedures for prescribing, dispensing and administering drugs shall be in compliance with federal and state laws and regulations. The responsible physician shall approve written procedures for the distribution, administration, accounting and disposal of medications. The responsible physician shall approve a written medication log which shall be maintained for each inmate receiving medication. The inmate's medication log shall include the date, time, name of drug and dosage administered. Any inmate who refuses medication shall sign a statement to that effect, which shall be signed by a staff member and filed in the inmate's medical record. Medications shall be administered only by a physician or nurse, or, after written approval from the responsible physician, by the health authority or health trained staff member; exception to this requirement may be made for self administration of insulin injections by inmates who have received appropriate instruction and are under the supervision of the health authority or a health trained staff member. The physician shall inform jail facility personnel of possible side effects of medication prescribed for inmates. When medications are taken orally, the person administering the medication shall take appropriate action to verify that the medication has been swallowed, thereby ensuring proper ingestion of the prescribed medication. The jail facility shall provide a locked storage area for medications and a list of stored medications shall be maintained. Refrigeration shall be provided if needed for proper storage of medications.
14.9.23. Administration of medications. Persons administering medications shall do so under the supervision of the responsible physician and shall have received training appropriate to their assignment. They are accountable for administering medications according to orders as to both frequency and dosage, and for recording the administration of medications in a manner and on a form approved by the responsible physician. Training from the responsible physician shall include the medical aspects of administration or distribution of medication. Training from the jail facility administrator shall include security matters inherent to the administration and distribution of medications in a jail facility.
14.9.24. Health records. A separate file shall be established for each inmate at the time of his or her receiving screening for the collection of medical information. The health record shall be sufficiently detailed to enable a practitioner to give continuing care and permit the retrospective determination of the inmate's condition and treatment at the time of examination and treatment and to provide information which will enable consulting medical professionals to render advice on the inmate's care and treatment. Entries in this record shall be made in ink, be legible, be signed by the maker, and dated. Records shall be maintained for at least seven (7) years following the inmate's most recent incarceration. The file shall contain the following:
a. The completed receiving screening form;
b. The completed health appraisal, if the inmate was incarcerated for more than thirty (30) days;
c. All findings, diagnoses, orders and treatments;
d. A medication log sheet;
e. The results of laboratory, x-ray or other diagnostic procedures;
f. Any completed medical complaint forms;
g. The date, place and time of health encounters;
h. Dental, psychiatric or other consultation reports;
i. Consent and refusal forms; and, j. Release of information forms.
14.9.25. Transfer of records. When an inmate receives off-site examination or treatment or is transferred to another facility or hospital the inmate's health record or a copy of the summary shall accompany him or her. Documentation of any off-site examination or treatment shall be made in the health record by the physician or other health professional involved. Health records shall be returned to the jail facility with the inmate or, in the event of the transfer or hospital admission of the inmate, as soon as possible thereafter. Written authorization by the inmate is required for the transfer of health record information, except in an emergency situation where the inmate is unable to authorize the transfer.
14.9.26. Confidentiality. The inmate's medical information, health record, and confidences entrusted to a physician or other medical care professional in the course of screening, examination or treatment are confidential and shall not be disclosed to anyone except in the following instances:
a. With the informed consent of the inmate;
b. When required by law, e.g., the reporting of communicable diseases;
c. When the security of the institution or the safety of the individual requires disclosure, and then only to the extent necessary for the protection of the inmate and the security of the jail facility; and, d. When the chief administrative officer requests review of medical information, subject to all other requirements of this subsection.
14.9.27. Facilities and equipment. When health services are provided within a jail facility the jail facility shall provide a private examination/treatment area and such equipment necessary and appropriate for the delivery of medical care as provided in this section. Medical equipment shall be periodically inspected and kept in good repair.
14.9.28. First aid kits. Each jail facility shall have one or more first aid kits which contain, at a minimum, bandages, gauze, slings, adhesive tape and band-aids. The responsible physician shall designate the number, location and contents of first aid kits and shall provide for the periodic inspection and replenishment of the kits.
14.9.29. Informed consent. The informed consent of inmates is necessary for all medical examinations, treatment and procedures except those required by law, e.g., the treatment of infectious diseases when public health law requires such treatment, or in the event of an emergency. Informed consent is the voluntary consent of an inmate to an examination, treatment or procedure after receiving information concerning the material facts regarding the nature, consequences, risks and alternative procedures. In the event a minor is admitted, the consent to medical care must be obtained from a parent, guardian or legal custodian.
14.9.30. Medical research. The use of inmates for medical, pharmaceutical, or cosmetic research or experiments is prohibited.
14.9.31. Serious illness or injury. A process to notify an inmate's next of kin in the event of serious illness or injury shall be developed. The jail facility's admission form shall provide for identification of the inmate's choice of a person to be notified in the event of serious illness, serious injury or death. When possible, permission for notification shall be obtained from the inmate.
W. Va. Code R. § 95-1-15 Inmate Rights
15.1. Access to courts. Inmates shall have unlimited access to courts and to address uncensored communication to governmental authorities. Inmates seeking judicial or administrative redress shall not be subjected to reprisals or penalties as a consequence.
15.2. Attorneys. Sentenced and unsentenced inmates shall have access to attorneys or their representatives, paralegal and experts. Private Attorney/Client interview rooms shall be provided. Provisions shall be made for contacts during normal jail facility hours, for uncensored correspondence and telephone communication.
15.3. Access to legal materials. Inmates shall have access to appropriate legal materials. Provisions shall be made for reasonable and meaningful access to a library. The library shall include the following documents or their equivalent:
a. Black's Law Dictionary;
b. Legal Research in a Nutshell (latest ed.);
c. Federal Habeas Corpus, Sokol, (Michie);
d. Criminal Procedures in a Nutshell, Israel, Jerold J. and Lafave, Wayne R., St.Paul: West or a comparable service;
e. Constitutional Rights of Prisoners, Palmer, John W.,(with current supplement) Cincinnati: Anderson or a comparable service;
f. Criminal Law Hornbook, Lafave & Scott (West);
g. Court Rules;
h. W. Va. Code, Vols. 1-20, including Court Rules, with current supplements;
i. Southeastern Reporter (2nd series, 1960 to date);
j. Criminal Law Reporter, BNA;
k. U. S. Code, Annotated, Titles 18, 29 and 42;
l. Supreme Court Reporter (1960 to date);
m. Federal Reporter (2nd series, 1960 to date);
n. Federal Supplement (1970 to date);
o. Corpus Juris Secundum (Criminal Law sections only);
p. Modern Federal Practice Digest Second (Vols. 16-19, 22-32, 53-54, Table of Cases and Indexes); and, q. Michie's Jurisprudence.
15.4. Access to paper and supplies. Inmates shall have access to paper and other supplies related to legal matters. Inmates shall be provided reasonable access to the services of a notary public for legal documents and other general purposes. There shall be no restricting or interfering with jailhouse lawyers or with inmates attempting to assist other inmates in legal matters. Such interaction of inmates is subject only to legitimate safety and security concerns.
15.5. Voting. Jail facility officials shall inform inmates on pre-trial status and those convicted of misdemeanors of their right to vote and offer them the opportunity to exercise that right.
15.6. Religious observance. Inmates shall have reasonable opportunities to practice their religion, with visits permitted by spiritual advisers at reasonable times. Provisions shall be made for inmates to observe the requirements of their faith.
15.7. Checking and savings accounts. Inmates are entitled to maintain checking and savings accounts.
15.8. Discrimination. Each inmate shall be free from discrimination based upon race, religion, national origin, sex, handicap, or political beliefs. Inmates shall have equal access to various programs and work assignments, and involvement in decisions concerning classification status. There shall be no discrimination in regard to the rights and privileges, restrictive housing, or any other amenities afforded to inmates.
15.9. Protection. Inmates shall be protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. In instances where physical force or disciplinary detention is required, only the least restrictive means necessary to secure order or control shall be used. Administrative segregation shall be used to protect inmates from themselves or other inmates.
15.10. Inmate appearance. Inmates' personal appearance shall not be limited unless it presents clear health, safety or security hazards.
15.11. Grievance procedure. The jail facility shall have a written grievance procedure which is explained and available to inmates and staff. It shall give inmates an opportunity to seek redress for violations of jail facility rules and regulations or interference with the inmate's rights or privileges. The procedure shall include a provision for an investigation of the grievance and for a written response within a reasonable time (seventy-two (72) hours) and proper action taken to ensure fair resolution of complaints. The response shall state reasons for the response to the grievance. Unless grievances are clearly found to be in bad faith, the grievant shall have a personal opportunity to be heard before a decision on the grievance is made. If the grievance is denied, an appeal shall be available.
15.12. Good Time. Inmates sentenced to jail for a term exceeding six (6) months are entitled to good time. Inmates shall be presumed to have conducted themselves well and shall be entitled to good time credit unless they have a recorded history of misconduct. Jail facility authorities shall notify inmates of good time.
15.13. Due Process. No inmate shall be deprived of any good time credit for alleged misconduct unless they have first been afforded the following due process protection:
a. Written notice of the claimed violation;
b. Disclosure of the evidence against them;
c. An opportunity to be heard and to present witnesses and documentary evidence;
d. The right to confront and cross-examine adverse witnesses, unless the hearing officer specifically finds good cause for prohibiting confrontation;
e. A neutral and detached hearing officer;
f. A written statement by the fact-finders of the evidence relied upon and the reasons for discipline; and, g. The right to counsel, if the state is represented by an attorney, and otherwise the right to be assisted by another inmate, staff member, lay advocate or paralegal.
W. Va. Code R. § 95-1-16 Inmate Rules and Discipline
16.1. Rules of conduct. There shall be written rules of inmate conduct which specify acts prohibited within the jail facility and penalties which may be imposed. These rules shall be provided to all inmates and procedures shall exist for ensuring that all inmates understand the rules.
16.2. Annual Review. The written rules of inmate conduct shall be reviewed annually and updated as necessary to ensure that they are consistent with constitutional and legal principles.
16.3. Training. All personnel who deal with inmates shall receive sufficient training so that they are thoroughly familiar with the rules of inmate conduct, the sanctions available, and the rationale for the rules.
16.4. Minor infractions. There shall be written guidelines for informally resolving minor infractions of the inmate rules.
16.5. Disciplinary reports. When rule violations require formal resolution, staff members shall prepare a disciplinary report and forward it to their supervisor.
16.6. Minimum contents. Disciplinary reports prepared by staff members shall include the following minimum information:
a. Specific rule alleged to have been violated;
b. A formal statement of the charge;
c. An explanation of the event, including who was involved, what transpired, and the time and location of the event;
d. Any unusual inmate behavior;
e. Any staff witnesses;
f. The disposition of any physical evidence;
g. Any immediate action taken, including the use of force;
h. The reporting staff member's signature; and, i. The date and time the report is made.
16.7. Investigation. When an alleged rule violation is reported, an investigation shall begin within forty-eight (48) hours of the time the violation is reported.
16.8. Pre-hearing segregation. Pre-hearing segregation of inmates who are charged with a rule violation shall be used only when necessary to ensure the safety of the inmate or the security of the jail facility.
16.9. Sanctions. There shall be a schedule of sanctions for rule violations. The maximum sanction for rule violation shall be disciplinary confinement for fifteen (15) days for any one violation and no more than (30) thirty days for all violations arising from one incident. If more than one incident occurs, continuous disciplinary confinement for more than thirty (30) days shall require the review and approval of the jail facility administrator.
16.10. Prosecution. Written policies and procedures shall provide for referral of alleged criminal violations by inmates to appropriate law enforcement officials for prosecution.
16.11. Written copy of allegation. An inmate charged with a violation of jail facility rules shall be given a written copy of the alleged violation within twenty-four (24) hours of the determination of the charges.
16.12. Hearing. An inmate charged with a rule violation shall receive a hearing within seventy-two (72) hours of the charge, excluding weekends and holidays. The hearing may be postponed or continued by a written waiver by the inmate or for good cause.
16.13. Written notice of hearing. Written notice of the hearing shall be provided to the inmate at least twenty-four (24) hours prior to the hearing. The inmate may give written consent to a hearing within less than twenty-four (24) hours.
16.14. Inmate absence. Inmates charged with rule violation shall be present at the hearing unless they waive that right in writing or through behavior. Inmates may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion shall be documented.
16.15. Hearing panel. Disciplinary hearings of rule violations shall be conducted by an impartial person or panel of persons.
16.16. Inmate representation. Staff assistance to represent inmates at disciplinary hearings shall be provided upon request by the inmate.
16.17. Rules of evidence. The inmate shall be given an opportunity to make a statement, present documentary evidence, and to have present any person who has relevant and not unduly cumulative information, except when doing so may jeopardize the life or safety of persons or the security or order of the jail facility; reasons for denial shall be stated in writing. The formal rules of evidence shall not apply to inmate disciplinary proceedings.
16.18. Written record of decision. A written record shall be made of the disciplinary hearing decision and a copy shall be given to the inmate.
16.19. Review. A review of all disciplinary hearings and dispositions shall be made by the jail facility administrator or his or her designee.
16.20. Appeal. Inmates shall have the right to appeal decisions of the disciplinary hearing officer to the jail facility administrator or his or her designee. The administrator, or their designee, shall either affirm or reverse the decision of the disciplinary hearing officer within five (5) days of the appeal.
16.21. Effect of negative finding. The disciplinary report shall be removed from the files of any inmate found not guilty of an alleged rule violation.
W. Va. Code R. § 95-1-17 Communication, Mail and Visitation
17.1. Inmate correspondence. Written policies and procedures shall govern inmate correspondence, shall be available to all staff and inmates, and shall be reviewed annually and updated as needed.
17.2. Limitations. The volume of lawful mail, including letters and publications, which an inmate may send or receive or the length, language, content or source of the mail may not be limited except for reasons of public safety or jail facility order and security. Outgoing mail shall be at the inmate's expense except as provided in section 17.3 of this rule.
17.3. Indigent inmates. Indigent inmates shall be provided, without cost, sufficient stationery and postage for all letters to attorneys, courts, and public officials and two (2) personal letters per week.
17.4. Restrictions. Written policies and procedures shall define the type of publications allowed in the jail facility and inspection procedures. Restrictions of access to publications shall be directly related to the maintenance of jail facility order and security.
17.5. Mail processing. Incoming and outgoing letters shall not be held for more than twenty-four (24) hours, excluding weekends and holidays.
17.6. Inspection. Inmate letters, both incoming and outgoing, may be opened and inspected for contraband, but shall not be censored. The letters shall not be read or rejected except where there is reliable information that there is a threat to order or security or that they are being used in the furtherance of illegal activity. Inmates shall be notified when incoming or outgoing letters are rejected.
17.7. Cash. Procedures shall provide for the inspection of inmate letters to intercept cash, checks, money orders and contraband. A receipt shall be given to the addressee.
17.8. Sealed letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, which shall include courts, counsel, officials of the confining agency, government officials, administrators of grievance systems, and members of the parole authority. Mail to inmates from this specified class of persons and organizations shall be opened only to inspect for contraband and only in the presence of the inmate.
17.9. Telephone access. Inmates shall be afforded the right to reasonable telephone access. Telephone calls shall not be monitored unless authorized by a prior court order.
17.10. Visitation. The number of visitors an inmate may receive and the length of visits shall be limited only by jail facility schedules, space and personnel constraints. Visitation shall be provided at least four (4) times weekly including weekends, holidays and evening hours as well as daytime hours. The scheduled visitation hours shall be at least three (3) hours in duration. Individual visitations shall not be limited to less than one-half hour. Visitors whose schedule cannot accommodate the jail facility's visiting schedule may be granted special visitation hours upon request to the jail facility administrator. The visitation schedule and visitation policies shall be posted.
17.11. Visitation limitations. Any visitor shall be allowed except those excluded by court order, visibly under the influence of alcohol and/or drugs, or unable to produce appropriate identification. Inmates may receive visits from immediate family regardless of age provided that all children under the age of eighteen (18) are accompanied by an adult parent, or guardian. Any emancipated child under the age of eighteen (18) must provide proof of emancipation.
17.12. Contact visits. Contact visits shall be available unless otherwise requested, or the inmate's behavior risks causing harm to a person, or the inmate is on disciplinary status related to an offense related to visitation.
17.13. Risk Inmates. Visiting hours for high risk inmates shall approximate those for other inmates.
17.14. Searches. Inmates may be searched prior to and subsequent to visitation. Visitors may be subject to non-intrusive personal searches.
17.15. Privacy. Visitation facilities shall be private and confidential with no monitoring of conversations.
17.16. Contact visitation area. The contact visiting area shall contain tables which do not impair visibility and communication.
17.17. Notification and visitation challenges. Inmates shall be given written notification whenever a visitor is excluded from visitation and shall be given reasons for the action. An inmate shall be given an opportunity to challenge the denial of visitation.
17.18. Visitation by counsel. The number of visits with counsel shall not be restricted, during reasonable hours.
17.19. Visitation to home county. The regional jail authority shall provide transportation to the inmate's home county for purposes of visitation if (1) The home county has a holding facility which may be used for purposes of visitation (2) The county commission and the sheriff of the county agree to provide space in the holding facility for purposes of visitation and to accept custody of the inmate during such period of visitation and (3) Additional transportation space is available on regularly scheduled runs to the home county required for other necessary purposes such as transporting other inmates to court proceedings. Priorities for inmates seeking transportation to the home county for visitation shall be assigned to available space on regularly scheduled runs as follows in the following order of priority: (1) Emergency circumstances (2) Transportation for inmates awaiting court proceedings and not under a sentence of incarceration for any crime (3) Inmates who have not received a visit within a three-month period and (4) Other inmates on a first-come, first-served basis in order of date and time of request.
W. Va. Code R. § 95-1-18 Admission, Orientation, Property Control and Release
18.1. New Inmates. Written policies and procedures shall govern the admission and orientation of new inmates. They shall be reviewed annually and updated as necessary. The jail facility shall not accept persons who are being committed solely because of the initiation of procedures for involuntary commitment pursuant to W. Va. Code '27-6A-1 et. seq.
18.2. Mentally disabled inmates. Care shall be provided for inmates who are believed to be mentally ill, retarded, or addicted and in need of treatment, training or other services. The jail facility administrator shall be made aware of the illness and shall arrange for a mental health assessment. If the report of the examination confirms the condition and services cannot be provided at the jail facility, the administrator shall immediately take action to initiate the inmate's transfer to an appropriate facility pursuant to W. Va. Code '27-6A-1, et. seq.
18.3. Minimum admission requirements. Written policies and procedures for admitting new inmates to a jail facility shall be provided and shall contain at least the following requirements:
a. Verification of court commitment papers or other legal documentation of authority to detain the individual;
b. A complete search of the individual and his or her clothing and personal possessions;
c. Appropriate disposition of the individual's clothing and personal possessions;
d. Medical screening including tests for infectious diseases;
e. Provisions for telephone calls by inmates;
f. Shower and hair care, if necessary;
g. Issuance of clean clothing;
h. Photographing and fingerprinting;
i. An interview to obtain identifying data;
j. A screening interview by a counselor or other trained interviewer;
k. An orientation to the jail facility;
l. Issuance of personal hygiene items;
m. Classification of custody level for assignment to a housing area; and, n. Assignment to a housing unit.
18.4. Housing of alcoholics. The jail facility administration shall refrain from housing or retaining in the jail facility any persons who are known to be or should be known to be chronic alcoholics when the person has been charged solely with the offense of public intoxication; the person shall be afforded all reasonable and necessary medical and health care services immediately; at all times the proper procedures for treatment of such persons shall be followed in the manner set forth by the West Virginia Supreme Court of Appeals in State ex rel. Harper v. Zeeger, No. 14950 (filed May 18, 1982) and in its Addendum (filed July 15, 1982).
18.5. Intoxicated or drugged inmates. There shall be written policies and procedures for the safe handling of intoxicated or drugged inmates committed to the jail facility when such persons are charged with offenses other than or in addition to public intoxication, the policies shall include requirements that:
a. All reasonable and necessary medical and health care services are provided immediately in the manner set forth by the Harper decision and its addendum;
b. Such persons are segregated from the general inmate population until they can be safely integrated without danger to themselves or others; and, c. When such persons are housed in the jail facility, they shall have access to a bed, a toilet and a wash basin with hot and cold running water.
18.6. Location of admission area. Inmates shall be separated from the general population during the admissions process.
18.7. Orientation. All newly admitted inmates shall receive verbal and written orientation information in language they understand. Completion of orientation shall be documented by a dated statement signed by the inmate.
18.8. Telephone. Newly admitted inmates shall be permitted to complete at least three (3) collect local or long distance telephone calls during the admissions process.
18.9. Personal Property. The personal property which inmates may retain in their possession shall be specified.
18.10. Inventory and receipt. A written inventory of all personal property of newly admitted inmates and secure storage of inmate property, including money and other valuables shall be provided. The inmate shall be given a receipt for all property held until release.
18.11. Release. Written procedures for releasing inmates shall be developed to include the following:
a. Verification of identity;
b. Verification of release papers;
c. Completion of release arrangements, including the person or agency to whom the inmate is to be released;
d. Return of personal effects;
e. Verification that no facility property leaves the facility with the inmate; and, f. Completion of any pending action such as a grievance or a claim for damages or lost possessions.
W. Va. Code R. § 95-1-19 Classification
19.1. General. Written policies and procedures shall provide for inmate classification in terms of the level of custody required, housing assignments and participation in correctional programs. They shall be reviewed at least annually and updated as necessary.
19.2. Criteria and appeal. The inmate classification plan shall specify criteria and procedures for determining and changing the status of an inmate, including custody, transfers and major changes in programs. The plan shall include an appeals process for a classification decision.
19.3. Classification categories. The jail facility shall provide for the separate management of the following categories of inmates:
a. Male and female inmates;
b. Pre-trial and convicted inmates;
c. Felon and misdemeanant;
d. Other classes of detainees (witnesses, civil inmates);
e. Community custody inmates (work release, weekender, trustees);
f. Inmates with special problems (alcoholics, narcotic addicts, mentally ill persons, physically disabled persons, or persons with communicable diseases);
g. Inmates who require disciplinary detention;
h. Inmates who require administrative segregation;
i. Violent and non-violent inmates; and, j. Juveniles.
19.4. Juveniles. Juveniles, who are subjected to trial as adults, if held in the jail facility, shall be separated by sight and sound from adult inmates, although they may be housed in the facility's structure. Juveniles who are not subject to trial as adults are not to be housed in the jail facility in accordance with W. Va. Code ''49-5-16 and 49-5-16a.
19.5. Discrimination. Segregation of inmates by race, color, creed, or national origin is prohibited.
W. Va. Code R. § 95-1-20 Inmate Work Programs
20.1. Inmate assignments. The jail facility shall have a written inmate work assignment plan that provides for inmate employment, subject to the number of work opportunities available consistent with the maintenance of security in the jail facility.
20.2. Required work. Pre-trial and unsentenced detainees shall not be required to work except to do personal housekeeping. Any inmate may volunteer for work assignments or institutional programs.
20.3. Maintenance and operation. The inmate work plan shall include provisions for work in the maintenance and operation of the jail facility, except that no inmate shall be permitted within any control room of the jail facility.
20.4. Public works projects. The inmate work plan may provide for inmate work assignments in public works projects.
20.5. Community service. The inmate work plan shall include provision for inmates to work in various non-profit and community service projects.
20.6. Discrimination. Discrimination in inmate work assignments based upon sex, race, religion or national origin is prohibited.
20.7. Disabled Inmates. The inmate work plan shall include provisions for the employment of disabled inmates.
20.8. Compensation. If required under the West Virginia Code, inmates shall be compensated for work performed.
20.9. Working conditions. Inmate working conditions shall comply with applicable federal, state and local work place safety laws and rules.
20.10. Reduction of sentence. The inmate work plan shall provide for the earning of credit toward sentence completion in accordance with the West Virginia Code.
W. Va. Code R. § 95-1-21 Inmate Services and Programs
21.1. Availability. Inmate programs and services shall be made available and shall include, but not necessarily limited to, social services, religious services, recreation and leisure time activities, and library services.
21.2. Use of community resources. Inmate programs and services shall provide for the identification and use of available community resources.
21.3. Inmate option to refuse. Inmates may refuse to participate in jail facility programs, except work assignments and programs required by statute or court order. There shall be written documentation of each refusal to participate maintained in the inmate's file.
21.4. Equal Opportunity. Male and female inmates will have equal opportunities to participate in programs and services.
21.5. Services for drug and alcohol addiction. The jail facility shall provide for counseling and program services for inmates with drug and/or alcohol problems. All necessary medical and health care services shall be provided. The jailing of alcoholics for public intoxication is prohibited. Efforts shall be made to encourage the active involvement of local Alcoholics Anonymous and other similar groups in the delivery of services to inmates and reasonable accommodations made for their use. Alcoholism rehabilitation and drug awareness programs may be established through a local agency or other qualified person.
21.6. Religion. Inmates shall be provided opportunities to participate in religious services and counseling on a voluntary basis.
21.7. Leisure time activities. The jail facility shall provide opportunities for inmates to participate in leisure time activities outside their cell or room on a daily basis. Each inmate shall be permitted at least one hour of leisure time activity each day outside their cell or room. Leisure time activities may include radio, television, movies, crafts, cards, puzzles, checkers, chess or space for indoor exercise.
21.8. Outdoor exercise. The jail facility shall provide each inmate with at least one hour of outdoor exercise per day in an outdoor area with adequate space for the exercise of large muscle groups. The outdoor exercise area shall be constructed to ensure privacy from and safety for the general public.
21.9. Records. The hours and place of recreation for each inmate shall be recorded daily.
21.10. Work Release. The jail facility shall establish a program for the implementation of a work release program pursuant to West Virginia Code '62-11A-1 and '62-11A-2. All inmates shall be notified of their right to apply for the program; appropriate applications and assistance in their completion shall be provided to inmates upon admission to the jail facility.
21.11. GED Program. The jail facility shall arrange for a G.E.D. program for inmates who desire to participate.
21.12. Vocational programs. Inmates shall have access to vocational counseling, pre-vocational career assessment, adult basic education, and vocational training.
21.13. Labor in jail facility. Inmates over the age of sixteen years may consent to perform labor within the jail facility, for county government. The jail facility shall develop a written resident work plan for work in the jail facility, the county government or a community service agency.
21.14. Good time. Good time policy will be coordinated with the vocational, education and work programs.
21.15. Library services. Library services shall be available to inmates and shall include at least the following types of materials: materials responsive to the interests and educational needs of inmates; information services to locate facts needed; programs for individuals or group information and enjoyment, such as books, discussion groups, music, creative writing, speakers and a distinct library setting. Library resources may be supplemented by the entire collection of local, regional and state libraries, law libraries and inter-library loan services. When appropriate, provisions shall be made for accommodation of inmates with visual and auditory deficits.
21.16. Staff. The jail facility shall assign a staff member to coordinate and supervise the library and its services. The number of staff required for this function may vary dependent upon the number of inmates involved in the program.
21.17. Pre-trial intervention program. When a pre-trial intervention program, diversion program, pre-trial release program or paroles program is conducted in the jail facility, sufficient staff, space and equipment shall be provided to meet the needs of the particular program.
W. Va. Code R. § 95-1-22 Release Preparation
22.1. Release preparation. A program of release preparation to prepare inmates for release from the jail facility shall be available to all inmates.
22.2. Work and educational programs. Inmate participation in work or educational release programs shall be allowed in accordance with the West Virginia Code and applicable rules.
22.3. Separation from the general population. Inmates who are participating in work or educational release programs shall be separated from inmates in the general population.
W. Va. Code R. § 95-1-23 Citizen Involvement and Volunteers
23.1. Citizen involvement. The involvement of citizens in the delivery of inmate programs may be permitted.
23.2. Volunteer coordination. A jail facility staff member shall be responsible for the coordination of the volunteer services program.
23.3. Lines of authority. Lines of authority, responsibility, and accountability for the volunteer services program shall be developed and communicated to jail facility staff and volunteers by the jail facility administrator.
23.4. Selection, screening and orientation of volunteers. The volunteer service program shall include procedures for the selection, screening and orientation of volunteers to the unique area of service to an inmate population. Recruitment from all cultural and socioeconomic segments of the community shall be encouraged.
23.5. Identification. A system which provides for the easy identification of volunteers while they are within the jail facility shall be provided.
23.6. Written contract. Each volunteer shall sign a written agreement to abide by all applicable facility policies, with specific reference to policies related to jail facility security and confidentiality of inmate information.
23.7. Professional services. Volunteers shall perform professional services only when properly licensed.
23.8. Level of involvement. The curtailment, postponement or discontinuation of the services of an individual volunteer or a volunteer group shall be within the discretion of the jail facility administrator.
W. Va. Code R. § 95-1-24 Glossary
24.1. Audit. An audit is the examination of jail facility records or accounts to check their accuracy; an audit is conducted by a person not directly involved in the creation or maintenance of the records or accounts. An independent audit will result in an opinion which will either affirm or disaffirm the accuracy of records or accounts. An operational or internal audit usually results in a report to management within the agency which is not shared with persons outside the agency.
24.2. Administrative segregation. Administrative segregation is a form of separation of an inmate from the general population and is authorized by the classification committee or other authorized group when the continued presence of an inmate in the general population poses a serious threat to life, property, the inmate, staff or other inmates, or the security or orderly management of the jail facility. Inmates may be placed in administrative segregation pending investigation or trial for a criminal act or pending transfer. Cross reference, protective custody and segregation.
24.3. Booking. As a police administrative action, booking is the official recording of an arrest and the identification of the person, the time, the arresting authority and the reason for the arrest of a person. As a jail facility procedure, booking is the procedure for the admission of a person to the jail facility; it includes a physical search of the person and his or her possessions, the taking of fingerprints and photographs, the conduct of interviews for medical history and personal history, the inventory and storage of personal belongings, and the assignment of the person to a housing area.
24.4. Chemical agent. An active substance, such as tear gas or pepper gas, used to deter behavior which may cause personal injury or property damage.
24.5. Classification. A process by which the security needs and requirements, appropriate housing assignment, and program needs for incarcerated persons is determined.
24.6. Contraband. Any item in the possession of an inmate or found within the boundaries of a jail facility which is declared illegal by law or not specifically approved for possession by an inmate by those legally charged with the administration of a jail facility.
24.7. Disciplinary hearing. A nonjudicial, administrative procedure to determine if substantial evidence exists to find an inmate guilty of a violation of a jail facility rule.
24.8. Disciplinary detention. A form of separation from the general population during which an inmate who has committed a violation of a rule is confined by the disciplinary hearing officer or other authorized body for a short period of time to an individual cell. Placement in detention may occur only after a finding of a rule violation at an impartial hearing. Cross reference, protective custody and segregation.
24.9. Educational release. A custody status under which an inmate is permitted to leave a jail facility to attend school in the community and return to the jail facility after school hours.
24.10. Emergency. A significant disruption of normal jail facility procedure, policy, or activity caused by a riot, a strike, an escape, a fire, a natural disaster or other serious incident.
24.11. Facility Administrator. Any official, regardless of local title (e.g., sheriff, chief of police, jail administrator, warden, superintendent) who has the ultimate responsibility for managing and operating the local detention facility.
24.12. Grievance. A written complaint filed by an inmate with the facility administrator concerning personal health and welfare or the operations and services of the facility.
24.13 Holidays. All days legally designated as non-workdays by statute or by the chief governing authority of a jurisdiction.
24.14. Inmate. A person, whether charged with an offense or convicted of an offense, who is confined in a jail facility by order of a court of competent jurisdiction.
24.15. Inmate records. Information concerning the individual's personal, criminal and medical history, behavior and activities while in custody, including commitment papers, court orders, personal property receipts, visitors lists, photographs, fingerprints, notations of disciplinary infractions and actions, grievances, and miscellaneous notes, writings or documents.
24.16. Jail facility. A confinement facility which holds persons detained pending trial and/or persons sentenced to terms of incarceration upon conviction for violations of criminal codes.
24.17. Protective custody. A form of separation from the general population for inmates who request or require protection from other inmates for reasons of health or safety. Cross reference, administrative segregation and disciplinary detention.
24.18. Segregation. The confinement of an inmate to an individual cell or sleeping room that separates that inmate from the general population of the jail facility. Cross reference, administrative segregation, disciplinary detention, and protective custody.
95CSR1
Series 01 WV Minimum Standars For Construction, Operation, And Maintenance Of Jails
W. Va. Code R. § 95-1-1 General
1.1. Scope. This legislative rule establishes minimum standards and procedures for jail facilities in West Virginia. The standards as developed for construction, operation and maintenance of jail facilities only apply to jail facilities completed after April 5, 1988, but shall serve as guidelines for any jail facility in operation before that date.
1.2. Authority. W. Va. Code '31-20-9.
1.3. Filing date. March 27, 1996.
1.4. Effective date. June 3, 1996.
1.5. Repeal of former rule. This legislative rule repeals and replaces 95CSR1 "West Virginia Minimum Standards for Construction, Operation, and Maintenance of Jails" which was filed on March 28, 1995 and which became effective on March 28, 1995.
W. Va. Code R. § 95-1-2 Administration, Organization, And Management
2.1. Philosophy, goals and policies. A written statement shall be prepared by the authority having jurisdiction that describes the philosophy, goals and policies of the facilities under its control, and which is reviewed annually and updated as necessary. This statement shall be made available to staff, inmates and the general public.
2.2. Jail Administrator. The jail facility shall be managed by a single administrator to whom all employees or units of management are responsible.
2.3. Appointment. The jail facility administrator shall be appointed by the chief executive officer or governing board of the authority having jurisdiction.
2.4. Qualifications. The educational, operational and administrative qualifications of the jail facility administrator shall be stated in writing and include, at a minimum, a bachelor's degree and/or three years of experience and training at the supervisory level.
2.5. Term. The term of the jail facility administrator shall be continuous, except for assignment to a position of equal responsibility, and may be terminated by the appointing authority only for good cause, and if requested, subsequent to a formal and open hearing on specific charges.
2.6. Outside agencies. There shall be policy which is reviewed annually which specifies the roles and functions of employees of other agencies which provide a service to the jail facility.
2.7. Organization subunits. There shall be a written plan with an organization chart which describes the facility's organization structure and which groups similar functions, services and activities into administrative subunits. This plan shall be reviewed at least annually and updated as needed.
2.8. Operations manual. There shall be a written operations manual that delineates the procedures for operating and maintaining the jail facility. The operations manual shall be made available to employees, reviewed annually and updated as needed.
2.9. Legal assistance. Legal assistance shall be available to the administrator and other staff as needed in the performance of their duties.
2.10. Authority to release. When the facility is designated to operate any type of pretrial intervention service or other release program, its authority and responsibility is stated by statute or administrative regulation.
W. Va. Code R. § 95-1-3 Fiscal Management
3.1. Budgetary system. The budgetary system shall link operations and activities to the cost necessary for their support.
3.2. Fiscal system. The fiscal system shall account for all income and expenditures on an ongoing basis.
3.3. Accounting procedures. The methods used for collection, safeguarding and disbursement of monies shall comply with accounting procedures established by the appropriate jurisdiction.
3.4. Minimum policies. The jail facility shall have written policies and procedures approved by the parent agency that includes, at a minimum:
a. Internal controls;
b. Petty Cash procedures;
c. Bonding for all appropriate staff;
d. Signature control on checks;
e. Handling of inmate funds;
f. Employee expense reimbursement; and, g. Issuance or use of vouchers.
3.5. Audit. The jail facility or its parent agency's fiscal process shall include an external financial audit of the jail facility at time periods stipulated by applicable statutes and/or rules.
3.6. Inventory. There shall be inventory control of property, stores and other assets. The inventories shall be conducted at time periods stipulated by applicable statutes, however, they should not exceed every two (2) years.
3.7. Insurance coverage. Each jail facility shall maintain insurance coverage which includes, at a minimum: Worker's compensation, civil liability, liability for official vehicles, and a public employee blanket bond.
3.8. Personnel assessment. Budget policy and procedure shall provide for an annual assessment of presently assigned positions and future personnel needs required to meet jail facility objectives.
W. Va. Code R. § 95-1-4 Personnel
4.1. Selection, retention, and promotion. The selection, retention, and promotion of all personnel shall be on the basis of merit and specified qualifications.
4.2. Psychological testing. All jail facility personnel who have direct contact with inmates shall undergo psychological testing prior to their employment and when a justifiable need exists during their employment, to determine their suitability for appointment and retention. The testing shall include, but not necessarily be limited to, measurements of basic attitudes and tendencies toward honesty and against unprovoked acts of personal violence and shall be administered, scored and interpreted by, or under the supervision of, a licensed psychologist.
4.3. Affirmative action. Each jail facility shall maintain a program of affirmative action and equal employment opportunities.
4.4. Criminal record check. In accordance with state and federal statutes, a criminal records check and complete background investigation shall be conducted on all new employees to ascertain whether there are criminal convictions or other information in the applicant's background which have a specific relationship to job performance and their ability to perform.
4.5. Physical examination. A physical examination of all employees by a physician at the time of employment is required. The examination may not be used in violation of the requirements of federal legislation related to employment of disabled persons. Provision shall exist for reexamination of applicants or employees when indicated.
4.6. Probationary employees. There shall be a procedure governing probationary employment. New or promoted employees are appointed initially for a probationary period of one year. After successful completion of the initial probationary period, employees shall be granted permanent status.
4.7. Job classification. A job classification or post audit system shall exist which is linked to the salary and benefit compensation plan.
4.8. Personnel policy manual. There shall be a personnel policy manual. A copy of this manual shall be available to each employee for examination and review during employee orientations. A signed statement shall be obtained from each employee, to be kept in their personnel files, certifying their understanding of the manual and its contents. The manual shall include, at a minimum, the following areas:
a. Organization structure;
b. Recruitment and selection procedures;
c. Equal employment opportunity provisions;
d. Job qualifications, descriptions and responsibilities;
e. Job classification plan;
f. Wage and benefit plan;
g. Holidays, leave and work hours;
h. Policies and procedures related to personnel records;
i. Performance evaluation procedures;
j. Promotion, retirement, resignation, layoff and termination procedures;
k. Employee/management relations;
l. Physical fitness policy;
m. Disciplinary procedures;
n. Grievance and appeal procedures; and, o. Insurance and professional liability provisions.
4.9. Conflict of interest. Employees shall not use their official position to secure privileges for themselves or others or engage in activities that constitute a conflict of interest.
4.10. Disciplinary investigations. A staff person charged with alleged maltreatment of an inmate shall not work directly with any inmate until and investigation is completed.
4.11. Disciplinary actions. Disciplinary actions against employees shall be consistent with Division of Personnel policies and in accordance with chapter twenty-nine of the code; disciplinary actions shall be subject to the policies and procedures of the Education and State Employees Grievance Board created by W. Va. Code '29-6a-5.
4.12. Annual evaluation. A written performance evaluation of all employees, based on defined criteria related to job performance shall be provided at least annually. The evaluation criteria shall bear a direct relationship to the skills, knowledge areas, aptitudes and personal characteristics defined in the job description. Employees shall review and discuss the performance evaluation with the person who completes it. If an employee disagrees with the evaluation, they shall have an opportunity to express their opinions in writing; their statements shall be included in their personnel file.
4.13. Transfer, assignment and selection. Procedures shall provide for the transfer, assignment and selection of employees on the basis of facility need and the ability of the employee to perform the job.
4.14. Emergency Medical Technician. There shall be at least one medically trained employee of at least emergency medical technician licensure, available at all times on each shift. (See section 14.13 of this rule also)
4.15. Provisional appointments. Resources shall provide for provisional appointments and/or reserve correctional officers to ensure the availability of trained personnel for short-term, full-time or part-time work in special or emergency situations.
4.16. Personnel records. The jail facility administrator or the parent agency shall maintain a current, accurate and confidential personnel record for each employee.
4.17. Record confidentiality. Written policy and procedure shall provide for the confidentiality of the personnel record and restrict its availability to the employee who is the subject of the record, to administrators and supervisors directly responsible for the employee, and to other personnel who need the information for the performance of their duties.
4.18. Record correction. Provisions shall be available to any employee to challenge information in their personnel files and shall include a process for correction or removal of inaccuracies.
W. Va. Code R. § 95-1-5 Training And Staff Development
5.1. Program supervision. The training program of each jail facility for all employees shall be specifically planned, coordinated, and supervised by a qualified employee at a supervisory level; in jail facilities of over one hundred (100) employees, this person shall be employed full time for this purpose.
5.2. Supervisory training. The individual coordinating the training and staff development program shall receive specialized training for that position.
5.3. Training curriculum. A training curriculum shall be developed, evaluated, and updated based on an annual assessment that identifies current job-related training needs. The Regional Jail and Correctional Facility Authority is the approving agency.
5.4. Trainer certification. Any individual providing pre-service, in-service, or basic training for correctional staff shall be certified as a correctional trainer by the Regional Jail and Correctional Facility Authority.
5.5. Outside resources. The training and staff development program shall use the resources of other public and private agencies, private industry, colleges, libraries and reference services to complement the program.
5.6. Budget. The budget shall include funds for compensating staff for additional time spent in training, or for replacement personnel required when regular personnel are off duty for training purposes.
5.7. New clerical/support employees. All new clerical/support employees who have minimal inmate contact shall receive at least forty (40) hours of orientation and approved training during their first year of employment. Twenty-four (24) of these hours shall be completed prior to being independently assigned to a particular job. All persons in this category shall be given at least an additional eight (8) hours of training during each subsequent year of employment. The Regional Jail and Correctional Facility Authority is the approving agency.
5.8. New clerical/support employees. All new clerical/support employees who have regular daily inmate contact shall receive at least forty (40) hours of orientation and approved training during their first year of employment. Twenty-four (24) of these hours shall be completed prior to being independently assigned to a particular job. They shall be given at least an additional sixteen (16) hours of training each subsequent year of employment. The Regional Jail and Correctional Facility Authority is the approving agency. At a minimum, this training shall cover the following areas:
a. Security procedures and regulations;
b. Rights and responsibilities of inmates;
c. All emergency procedures;
d. Interpersonal relations;
e. Communication skills; and, f. First aid.
5.9. New correctional officers. All new correctional officer personnel shall receive at least one hundred twenty (120) hours of approved orientation and training during their first year of employment. The Regional Jail and Correctional Facility Authority is the approving agency. Forty (40) of these hours shall be completed prior to being independently assigned to a particular post. All persons in this category shall be given an additional forty (40) hours of training each year thereafter. At a minimum, this training shall cover the following areas:
a. Security and search procedures;
b. Use of force regulations and tactics;
c. Supervision of inmates;
d. Report writing;
e. Inmate and staff rules and regulations;
f. Rights and responsibilities of inmates;
g. All emergency procedures;
h. Interpersonal relationships;
i. Social/cultural life style of the inmate population;
j. Communication skills; and, k. First aid.
5.10. Administrative and managerial staff. The jail facility's administrative and managerial staff shall receive at least forty (40) hours of orientation if they are new to the jail facility and at least eight (8) hours of management training each year thereafter. This training shall cover, at a minimum, the following:
a. General management and related subjects;
b. Decision making processes;
c. Labor law, employee/management relations;
d. The interaction of elements of the criminal justice system; and, e. Relationships with other service agencies.
5.11. Emergency Response Unit. When there is an emergency response unit, all officers assigned to that unit shall receive forty (40) hours of training relative to the unit's purpose and function prior to their assignment.
5.12. Weaponry and chemical agents. All personnel authorized to use firearms or chemical agents shall be trained in weaponry and the use of chemical agents on a continuing, in-service basis, and are required to qualify annually.
5.13. Security personnel. All security personnel shall be trained in approved methods of self-defense and the use of force, including passive restraint, to control inmates.
5.14. Continuing education. The jail facility administration shall encourage employees to continue their education and provide reimbursement to employees attending professional meetings, seminars and similar work-related activities as approved by the administrator.
W. Va. Code R. § 95-1-6 Management Information and Research
6.1. System of information. The facility shall contribute to, have access to, and use an organized system of information storage and retrieval relative to both inmate and operational needs.
6.2. Security. Policies and procedures shall govern the security of the information and data collection system, including certification, access to data, and protection of the privacy of all inmates under the jurisdiction of the agency.
6.3. Collaboration. The facility, or its parent agency, shall collaborate with criminal justice and service agencies in information gathering, exchanges and standardization.
6.4. Inmate population accounting. There shall be an inmate population accounting system which includes records on the admission, processing and release of inmates.
6.5. Annual evaluation. There shall be at least annual evaluations of jail facility programs and services to determine progress toward achieving previously identified objectives.
6.6. Research. Written policy and procedure governing the conduct of research shall comply with state and federal guidelines for the use and dissemination of research findings and with accepted professional scientific ethics.
6.7. Inmate participation. Written policy and procedure shall govern voluntary inmate participation in non-medical, non-pharmaceutical and non-cosmetic research.
W. Va. Code R. § 95-1-7 Inmate Records
7.1. Booking. Inmate booking information shall be recorded for every person admitted to the facility and include at least the following data, unless prohibited by law:
a. Fingerprints;
b. Photograph;
c. Booking number;
d. Name and aliases of person;
e. Current address (or last known address);
f. Date, duration of confinement, and copy of court order or other legal basis for commitment;
g. Name, title and signature of delivering officer and arresting officer;
h. Specific charge(s);
i. Sex;
j. Age;
k. Date of birth;
l. Place of birth;
m. Race;
n. Present or last place of employment;
o. Health status, including any current medical or mental health needs;
p. Emergency contact (name, relationship, address and phone number);
q. Telephone calls made by the inmate at time of admission;
r. Driver's license and social security numbers;
s. Notation of case and all property; and t. Additional information concerning special custody requirements, service needs, or other identifying information such as birthmarks or tattoos.
7.2. Case record management. Case record management shall include, but is not limited to, the establishment, utilization, content, privacy, security and preservation of records, and a schedule for the retirement or destruction of inactive case records. These procedures shall be reviewed annually.
7.3. Custody records. The facility shall maintain custody records on all inmates committed or assigned to the facility, that contain, but are not limited to, the following:
7.4. Format. The contents of inmate records shall be identified and separated according to an established format.
7.5. Case records. A current and accurate classification or case record shall be maintained for each inmate committed to or housed in the facility. Procedures shall be established to safeguard legally privileged or confidential information. The records shall contain, at a minimum, the following:
a. Classification and reclassification decisions;
b. Reports of disciplinary actions, grievances, incidents and crimes committed while in custody;
c. Medical and mental health information relevant to the classification; and, d. Information on work or study release when applicable.
7.6. Identification system. The jail facility shall maintain a system which identifies all inmates in custody and their actual physical location.
7.7. Access to records. Those persons within the jail facility and other authorized persons who have direct access to inmate classification or case records shall be defined.
7.8. Release of information. The administration shall use a consent form which complies with applicable federal and state regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information, as required by statute or regulation, and a copy of the form shall be maintained in the inmate's case record.
W. Va. Code R. § 95-1-8 Physical Plant
8.1. General. All new jail facilities shall be designed, constructed, maintained and operated in accordance with the rules promulgated by the State Fire Commission in State Fire Code 87CSR1. All existing jail facilities must comply with the provisions of State Fire Code 87CSR1.
8.2. Safety of occupants. Because the safety of all occupants in all detention and correctional facilities cannot be adequately assured solely by a dependence upon evacuation from the building, their protection from fire shall be provided by appropriate arrangement of facilities, an adequately trained staff, and careful development of operating, security, and maintenance procedures to include the following:
a. Proper design, construction and compartmentalization;
b. Provisions for fire detection, alarms and extinguishment;
c. Fire prevention programs which include planning, training, and drills covering such protective activities as: Isolation of the fire; transfer of occupants to areas of refuge; and evacuation of the facility or measures for in-place protection of the occupants; and, d. Security provisions to the degree necessary to provide for the safety of both the occupants of the facility and the general public.
8.3. State Fire Marshal review. Plans and specifications for all new jail facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
8.4. State Fire Marshal certificate. No facility shall be occupied until a certificate of occupancy is issued by the State Fire Marshal's office.
8.5. Activity areas. All activity areas shall have sufficient air circulation (at least ten (10) cubic feet of outside or filtered air per minute per occupant), lighting and sanitary facilities. These areas include multipurpose rooms, recreation areas for inmates, or work areas for staff. Temperatures shall be maintained appropriate to the summer and winter comfort zones with consideration for the activity performed.
8.6. Inmate booking and release area. The inmate booking and release area shall be located inside the security perimeter, but outside inmate living quarters, and have the following facilities:
a. Booking area;
b. Security vestibule or sally port;
c. Access to drinking water;
d. Shower facilities;
e. Secure storage for inmate's personal property;
f. Telephone facilities;
g. Private interview space(s);
h. Temporary holding rooms with sufficient fixed seating for all inmates at its rated capacity; and, i. Operable toilets and wash basins.
8.7. Double Bunking of Inmates. Double bunking of inmates is permitted to the extent that the practice does not violate federal law or standards.
8.8. Floor space. All single rooms or cells in detention facilities shall have at least seventy (70) square feet of floor space.
8.9. Environment. All rooms or cells shall have access to the following facilities and/or conditions;
a. A toilet above floor level which is available for use without staff assistance twenty-four (24) hours a day;
b. A wash basin and drinking water;
c. Hot and cold running water;
d. A bed above floor level, a desk or writing surface, a clothes hook or closet space, and appropriate seating;
e. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming areas. (In additions to existing jail facilities and in new jail facilities, the lighting shall be both inmate and centrally controlled);
f. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;
g. Temperatures appropriate to the summer and winter comfort zones;
h. Noise levels not exceeding seventy (70) decibels in daytime and forty-five (45) decibels at night; and, i. Natural lighting.
8.10. Multiple occupancy. Where used, multiple occupancy rooms shall house no more than fifty (50) inmates each. Inmates shall be screened prior to admission to determine their suitability to group living. Multiple occupancy rooms shall provide for the following:
a. Continuous observation by staff;
b. A minimum floor area of fifty (50) square feet per occupant in the sleeping area and a clear floor to ceiling height of not less than eight (8) feet;
c. Toilet and shower facilities with a minimum of one operable toilet and one shower for every eight (8) occupants;
d. One operable wash basin with hot and cold running water for every six (6) occupants;
e. Natural lighting;
f. Beds above floor level, a desk or writing surface, appropriate seating;
g. A locker for each occupant;
h. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;
i. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;
j. Temperatures appropriate to the summer and winter comfort zones; and, k. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.
8.11. Segregation rooms. Segregation rooms shall provide living conditions which approximate those of the general inmate population. Any exceptions shall be clearly documented. Segregation housing units shall provide for the following:
a. Single occupancy rooms or cells with a floor area of at least seventy (70) square feet;
b. A bed above floor level, a desk or writing space and appropriate seating;
c. Continuous access to toilet facilities above the floor level;
d. Hot and cold running water;
e. Natural light;
f. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;
g. Air circulation of at least ten (10) feet of outside or recirculated, filtered air per minute per occupant;
h. Temperatures appropriate to the summer and winter comfort zones; and, i. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.
8.12. Communication. A room used for segregation shall permit inmates assigned to it to communicate with staff and have a door which permits observation by staff.
8.13. Continuous staff observation. When seriously ill, mentally disordered, injured or non-ambulatory inmates are held in the facility, there shall be at least one single-occupancy cell or room for them which provides for continuous staff observation.
8.14. Sleeping quarters. When both males and females are housed in the same facility, they shall be provided separate sleeping quarters which are separated visually and acoustically.
8.15. Perimeter security. The security perimeter shall be secured in a manner which provides that inmates remain within the perimeter and that access by the general public is denied without proper authorization.
8.16. Storage security. Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment and the equipment shall be located in an area which is readily accessible to authorized persons only.
8.17. Security Vestibules/Sally ports. There shall be security vestibules or sally ports between inmate areas and areas accessible to the public.
8.18. Day room. There shall be a separate day room or leisure time space for each cell block or detention room cluster, with space equivalent to a minimum of thirty-five (35) square feet per inmate.
8.19. Exercise areas. Space outside the cell or room shall be provided for inmate exercise. Indoor and outdoor exercise areas shall be secure and available to all inmates. Outdoor areas shall have adequate space and equipment to permit regular outdoor sports activities. For jail facilities with bed capacity of more than one hundred (100) inmates, this area shall be increased in proportion to the inmate population and shall provide adequate opportunity for exercise. Indoor exercise programs may be conducted in a multipurpose room or day room: Provided, that the space is available and the location is acceptable. Indoor space shall be an area in which lighting, temperature and ventilation is artificially controlled.
8.20. Kitchen. When the jail facility provides food service, the kitchen shall have a minimum of two hundred (200) square feet of floor space.
8.21. Employee space. Consistent with the size of the facility, space shall be provided for administrative, professional and clerical staff, including conference rooms, an employee lounge, a storage room for records, a public lobby and toilet facilities.
8.22. Multipurpose room. There shall be at least one multipurpose room available for inmate activities such as religious services, education programs, or visiting.
8.23. Janitor closet. A room or closet equipped with a sink shall be provided for the storage of cleaning supplies and equipment.
8.24. Storage space. Storage space shall be provided for clothing, bedding and facility supplies.
8.25. Storage of personal property. Space shall be provided for the secure storage of inmates' personal property.
8.26. Maintenance and repairs. There shall be a written plan for preventive maintenance of the physical plant with provisions for emergency repairs or replacement of equipment. This plan shall be reviewed annually and updated if needed.
8.27. Accessibility. A new jail facility shall be geographically accessible to criminal justice agencies, community agencies and inmates' lawyers, families and friends.
8.28. Layout. The jail facility shall be designed and constructed so that inmates can be separated according to existing laws and regulations, or according to the facility's classification.
8.29. Disabled inmates. Disabled inmates shall be housed in a manner which provides for their safety and security. Cells or housing units used by them shall be designed in accordance with the American National Standards Institute (ANSI) Standard A117, and provide the maximum possible integration with the general population. Appropriate institutional programs and activities shall be accessible to disabled inmates confined in the jail facility.
8.30. Disabled visitors. All parts of the facility which are accessible to the public shall be accessible to and usable by disabled persons.
W. Va. Code R. § 95-1-9 Safety and Emergency Procedures
9.1. Policies and procedures. Written policies and procedures shall be adopted which specify the jail facility's fire prevention regulations and practices. For purposes of clarification and identification these procedures and standards of fire prevention are divided into two (2) classifications:
a. General requirements applicable to all occupancies covered by the State Fire Code; and, b. Specific detention and correctional occupancies.
9.2. General requirements. The following includes the general requirements applicable to all occupancies covered by the State Fire Code.
9.2.1. Construction, repair and improvement operations. Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, ladders or other approved means or devices arranged in accordance with the general principles of the State Fire Code insofar as they can reasonably be applied to buildings under construction. Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building of normally low or ordinary hazard classification while the building is occupied only if the conditions of use and safeguards provided are such as not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.
9.2.2. Reliability of means of egress. Every required exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.
9.2.3. Furnishings and decorations. Furnishings and decorations in the means of egress are subject to the following:
a. No furnishings, decorations, or other objects shall be so placed as to obstruct exits, access thereto, egress therefrom, or visibility thereof;
b. Hangings or draperies shall not be placed over exit doors or conceal or obscure any exit. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit; and, c. There shall be no obstruction by railing, barriers, or gates that divide the open space into sections appurtenant to individual rooms, apartments, or other uses. Where the jail facility administrator having jurisdiction finds the required path of travel to be obstructed by furniture or other movable objects, he or she may require that railings or other permanent barriers be installed to protect the path of travel against encroachment.
9.2.4. Equipment maintenance and testing. Equipment maintenance and testing shall include the following:
a. Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door, and other item of equipment required by this rule shall be continuously maintained in proper operating condition;
b. Any equipment requiring testing or periodic operation to assure its maintenance shall be tested or operated as specified elsewhere in this rule or as directed by the authority having jurisdiction;
c. Systems shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and who has general charge of all alterations and additions;
d. Systems shall be tested at intervals recommended by the appropriate section of State Fire Code 87CSR1;
e. All automatic sprinkler systems required by State Fire Code 87CSR1 shall be continuously maintained in operating condition at all times, and such periodic inspections, tests and maintenance shall be conducted as is necessary to assure proper operation; and, f. Fire alarm signaling and detection equipment shall be restored to service as promptly as possible after each test or alarm and shall be kept in normal condition for operation.
9.2.5. Furnishings, decorations and treated finishes. Furnishings, decorations and treated finishes are subject to the following:
a. Draperies, curtains and other similar furnishings and decorations shall be flame resistant where required by the applicable provisions of State Fire Code 87CSR1. The materials required in this section are to be tested in accordance with Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA701 and shall comply with both the small and large-scale tests;
b. Furnishings or decorations of an explosive or highly flammable character shall not be used; and, c. Fire retardant paints or solutions shall be renewed at such intervals as necessary to maintain the necessary flame retardant properties.
9.2.6. Fire Exit Drills. Fire drills are subject to the following requirements:
a. Fire exit drills conforming to the provisions of State Fire Code 87CSR1 shall be regularly conducted in occupancies where specified by that rule;
b. Fire exit drills, where required by the authority having jurisdiction, shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine;
c. Responsibility for the planning and conduct of drills shall be assigned only to competent persons qualified to exercise leadership;
d. In the conduct of drills, emphasis shall be placed upon orderly evacuation under proper discipline rather than upon speed;
e. Drills shall include suitable procedures to make sure all persons in the building, or all persons subject to the drill, actually participate; and, f. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions prevalent in case of fire.
9.3. Detention and correctional occupancies. The following includes those requirements specifically directed to detention and correctional occupancies.
9.3.1. Attendants, evacuation plan, fire exit drills. Attendants, evacuation plan, and fire exit drills shall include the following:
a. Detention and correctional facilities, or those portions of facilities having such occupancy, must be provided with twenty-four (24) hour staffing on any floor level having residency and located within one hundred (100) feet (30.48m) of the access to any housing area. Under Use Conditions III, IV and V, as defined in State Fire Code 87CSR1 for classification of correctional occupancies, audio monitoring shall be provided for every sleeping space;
b. The jail facility administrator of every detention and correctional facility shall have in effect and provide to all supervisory personnel, written copies of a plan for protection of all persons in the area in event of fire and for their evacuation to areas of refuge and from the building where necessary. All employees shall be periodically instructed and kept informed of their duties under the plan;
c. Books, clothing and other combustible personal property allowed in sleeping rooms shall be stored in closeable metal lockers or fire resistant containers; and, d. The number of heat producing appliances (such as toasters, hot plates, etc.) and the overall use of electrical power within a sleeping room will be controlled by the jail facility administration.
9.3.2. Furnishings and decorations. Furnishings and decorations are subject to the following requirements:
a. Furnishings and decorations in detention and correctional occupancies shall be in accordance with State Fire Code 87CSR1;
b. Combustible decorations are prohibited in any detention or correctional occupancy unless flame retardant;
c. Wastebaskets and other waste containers shall be of noncombustible or other approved materials;
d. Furnishings, such as mattresses and upholstered or cushioned furniture shall not be of a highly flammable character; and, e. Window draperies, curtains for decoration or acoustical purposes and privacy curtains shall be non-combustible or rendered and maintained flame resistant as per Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA701.
9.3.3. Keys. All keys necessary for unlocking doors installed in means of egress shall be individually identified by both touch and sight.
9.3.4. Storage of flammable, toxic and caustic material. Written policy and procedures shall govern the storage and use of all flammable, toxic, and caustic materials which ensure that inmates are never in possession of items such as lye, insecticide, anti-freeze and denatured alcohol, unless they are under constant supervision by qualified personnel. Such material shall be stored in secure areas which are inaccessible to inmates; a prescribed system shall be used to account for their distribution.
9.3.5. Fire and safety officer. A staff member with appropriate training shall be appointed as Fire and Safety Officer. This officer is responsible for monthly inspection of the facility, development of Standing and Emergency Operating Procedures relating to fire safety and for staff training in fire safety.
9.3.6. Inspection. Each facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
W. Va. Code R. § 95-1-10 Sanitation and Hygiene
10.1. Responsibility. Jail facility authorities shall maintain the facility in a condition that is clean, healthful and sanitary and which conforms to all applicable health laws and rules. The use and possession of tobacco, tobacco products and tobacco-like products shall be prohibited in all jail facilities and all facilities jointly operated by the Regional Jail & Correctional Facility Authority and the Division of Corrections.
10.2. Maintenance. Jail facility authorities shall develop and implement a plan for the maintenance of all areas of the jail facility at an acceptable level of cleanliness and sanitation. The plan shall provide for a regular schedule of housekeeping tasks and inspections which shall include, but not be limited to, the following:
a. The daily cleaning of toilets, sinks and showers;
b. The daily cleaning of floors;
c. The emptying and cleaning of receptacles provided for refuse each day and provision for adequate trash removal;
d. The scrubbing and rinsing of each living unit, washing of windows, cleaning of janitors' closets, and dusting of bars, screens and ledges on a regular basis;
e. The contracting of extermination services to be performed with sufficient frequency and thoroughness to keep the jail facility free from insects and vermin. Services shall include, at a minimum, monthly inspections by a qualified person; and, f. The cleaning and sanitary maintenance of all kitchen areas and all kitchen equipment.
10.3. Inspections. There shall be regular sanitation inspections of all jail facility areas by a designated staff member; at least annual inspections by federal, state and/or local sanitation and health officials, or other qualified person(s); and, compliance with all applicable laws and rules of the governing jurisdiction.
10.4. Water supply. The water supply and plumbing fixtures shall meet all applicable codes and be maintained in operable and sanitary condition. Water samples from both drinking and waste water shall be tested periodically to ensure that the jail facility's water meets all applicable laws. The facility shall provide hot and cold running water.
10.5. Cleaning equipment. Inmates shall be provided sufficient cleaning equipment to maintain their cells in a clean condition.
10.6. Floors. Jail facility floors shall be kept clean, dry, and free of hazardous substances. Floors shall be inspected regularly throughout the day for cleanliness. Particular attention should be given to potentially hazardous areas, such as showers, kitchens, detoxification rooms, boiler and furnace rooms.
10.7. Personal hygiene items. The jail facility shall provide each inmate, as part of the admission process, and thereafter as necessary, an adequate supply of soap, toothpaste, toilet paper, toothbrushes, combs, and feminine hygiene supplies. Timely access to shaving equipment shall also be provided.
10.8. Facility clothing. Clean, suitable, and presentable clothing shall be available to all inmates at all times. It is essential that inmates be provided clothing that is properly fitted, climatically suitable, durable, economical, easily laundered and repaired, and presentable to the extent that they do not provide such clothing themselves. Outer wear shall be available for recreation and work assignments.
10.9. Special clothing. Inmates shall be issued special, and where appropriate, protective clothing and equipment when participating in special work assignments. The clothing shall be available in quantities which permit exchange as frequently as the work assignment requires.
10.10. Bedding. Each inmate shall be provided with one clean, fire retardant mattress, two (2) clean sheets, a clean pillow and clean pillow case. Worn bedding and linen which are unfit for further use shall not be issued. Clean blankets shall be provided in a number appropriate to the season.
10.11. Towels. Each inmate shall be provided a clean towel and washcloth at least three (3) times a week.
10.12. Laundry of bedding. Laundry services shall be sufficient to permit the regular exchange of sheets and pillowcases at least weekly. Mattresses shall be cleaned or replaced as appropriate.
10.13. Laundry of clothing. Clean undergarments shall be provided daily and outer garments every other day, or as appropriate.
10.14. Recording. The issuance of all clothing and bedding shall be recorded to provide accountability for their use. Inmate accountability for clothing and bedding shall be specified in the Handbook of Inmate Rules and Conduct.
10.15. Supply. The clothing, linen, and bedding supply shall exceed that required for the maximum inmate population. This excess will allow for the replacement of items that are lost, destroyed or worn out.
10.16. Cleaning and storage of personal clothing. There shall be provision for cleaning and storage of inmate personal clothing. Prior to storage, inmate clothing shall be cleaned and/or disinfected to prevent the accumulation of odors and vermin.
10.17. Court appearance. Whenever the court so directs, inmates shall be permitted to wear personal clothing during court appearances.
10.18. Removal of linen and bedding. Linen and bedding shall be removed from an inmate's bed only under extreme circumstances such as to protect the inmate from self-injury. An action to remove linen or bedding shall be reviewed daily by the supervisor and the deprivation ended as soon as practical. A record shall be kept of all such actions taken.
10.19. Showers. There shall be sufficient facilities in the housing areas to permit inmates to shower or bathe upon admission to the facility and daily thereafter.
10.20. Water temperatures. Water temperatures for showers or bathing shall be thermostatically controlled to ensure the safety of inmates.
10.21. Access to water. Inmates shall have continuous access to a washstand with running hot and cold water.
10.22. Hair care. Hair care services and facilities shall be available to inmates. Hair shall be cut under sanitary conditions. The area used for hair care shall be located to permit observation by staff. Equipment shall be stored securely when not in use.
W. Va. Code R. § 95-1-11 Security and Control
11.1. Manual. Written policies and procedures for security and control, including procedures for emergencies, shall be contained in a manual which is available to all staff and is reviewed annually and updated as needed.
11.2. Control center. The jail facility shall maintain a control center.
11.3. Communication system. The jail facility shall have a communication system between the control center and the inmate living areas.
11.4. Alarm system. The jail facility shall have an emergency alarm system that is linked to the control center; signal devices shall be located throughout the facility.
11.5. Secure perimeter. All security perimeter entrances, control center doors and cell block doors which open into a corridor shall be kept locked except when in use for admission or exit of employees, inmates or visitors or during emergency conditions.
11.6. Electronic surveillance. When audio or visual electronic surveillance is used, it shall be located primarily in hallways, elevators, corridors or at points on the security perimeter, such as entrances and exits.
11.7. Immediate assistance. No staff member shall enter a high security cell block without the availability of immediate assistance from another staff member.
11.8. Inmate movement. Jail facility staff shall regulate inmate movement.
11.9. Personal interaction. Written policies and procedures shall facilitate personal contact and interaction between staff and inmates. Supervision of inmates shall be conducted by staff of the same sex whenever procedures require physical contact, examination or monitoring of personal hygiene activities.
11.10. Staffing. The jail facility shall have the staff needed to provide full coverage of designated security posts, full surveillance of inmates, and to perform all ancillary functions.
11.11. Emergency response. Correctional officers shall be located in or immediately adjacent to inmate living areas to permit officers to hear and respond promptly to emergency situations.
11.12. Observation. Written policies and procedures shall require that all high and medium security inmates shall be personally observed by a correctional officer at least every thirty (30) minutes, but on an irregular schedule. A schedule of observation at least every fifteen (15) minutes shall be required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior.
11.13. Daily record. The jail facility administration shall maintain a written daily record of the following:
a. Personnel on duty;
b. Inmate population count;
c. Admissions and release of inmates;
d. Shift activities;
e. Entry and exit of physicians, attorneys and other visitors; and, f. Unusual occurrences.
11.14. Daily inspections. Designated staff shall visit and inspect every area of the facility daily, including holidays and weekends, and report their findings in writing to designated officials with recommendations for action or with notations of action taken.
11.15. Weekly inspections. The jail facility administrator or his or her designee shall inspect all security facilities and devices at least weekly and initiate corrective action if needed.
11.16. Searches. Written policies and procedures shall provide for searches of facilities and inmates to control contraband and provide for its disposition and to develop recommendations for corrective action. Procedures shall provide that:
a. Manual or instrument inspection of inmate body cavities is conducted only when there is reason to do so and when authorized by the jail facility administrator or his or her designee;
b. Visual inspections are conducted only when there is a reasonable belief that the inmate is carrying contraband or other prohibited material;
c. Strip searches are done without specific authorization only upon entry to the facility and at all other times are based on articulated suspicion; and, d. All such inspections are conducted in privacy and manual or instrumental inspection of body cavities is done by medically trained personnel or correctional personnel trained by health care personnel.
11.17. Preservation of evidence. The procedures governing searches shall require the preservation of evidence when a new crime is suspected. Searches shall be authorized only by the administrator or his or her designee.
11.18. Search policy published. The jail facility's policy regarding searches for the control of contraband shall be published, made available to both staff and inmates, reviewed at least annually and updated if necessary.
11.19. Control of security equipment. Written policies and procedures shall govern the availability, control and use of firearms, ammunition, chemical agents, "stun guns", and related security devices, and require that sufficient security equipment is available to meet the jail facility's needs.
11.20. Storage of security equipment. The procedures shall provide that security equipment is stored in a secure but readily accessible depository located outside inmate housing and activity areas, and is inventoried at least monthly to determine condition and expiration dates, if any there be.
11.21. Use of weapons. Written policies and procedures shall be established regarding the use of weapons, and shall include federal and state requirements, weapons security, weapons instructions and inspections, use of deadly force, and other appropriate actions to be taken regarding life threatening situations. The policies and procedures shall include the following requirements:
a. Weapons are subject to stringent safety regulations and inspections;
b. The secure weapons locker is located outside the security perimeter of the facility;
c. Only during emergency situations are firearms and weapons, such as nightsticks or gas guns, permitted in areas to which inmates have access. At all other times, such weapons are maintained in areas to which inmates do not have access;
d. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee has reason to believe that a person's life is immediately threatened; and, e. Employees on duty only use firearms or other security equipment which have been issued through the jail facility and only when directed by or authorized by the jail facility administrator or his or her designee.
11.22. Written record. Each jail facility shall maintain a written record of both routine and emergency distribution of security equipment.
11.23. Written reports. Any employee who discharges a firearm, uses chemical agents or any other weapons, or uses force to control any inmate shall submit a written report to the jail facility administrator or his or her designee no later than the conclusion of his or her tour of duty.
11.24. Injuries. All persons injured in an incident shall receive an immediate medical examination and treatment, if required.
11.25. Incident reports. Written policies and procedures shall require prompt oral and written reporting of all incidents that result in physical harm to, or which threaten the safety of, any person in the facility, or which threaten the security of the facility.
11.26. Keys. Written policies and procedures shall govern the control and use of keys.
11.27. Tools. Written policies and procedures shall govern the control and use of tools, culinary and medical equipment.
11.28. Correctional/Security posts. There shall be written orders for every correctional/security post which are reviewed annually and updated if necessary.
11.29. Post orders. Procedures shall require that personnel read, sign and date the appropriate post orders each time they assume a new post.
11.30. Escapes. Procedures regarding escapes shall be available to all personnel, and shall be reviewed at least annually and updated if necessary.
11.31. Riots and other disturbances. There shall be plans that specify procedures to be followed in situations including, but not limited to, riots, hunger strikes, disturbances and the taking of a hostage. These plans shall be made available to applicable personnel, and reviewed and updated at least annually.
11.32. Mass arrests. There shall be procedures to be followed in the event of a mass arrest which results in the admission of inmates in excess of the maximum capacity of the jail facility.
11.33. Work stoppage. There shall be a written plan that provides for continuing jail facility operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, who are required to familiarize themselves with it.
11.34. Physical force. Written policies and procedures shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property and prevention of escapes, and only when it is necessary to control inmates and in accordance with appropriate statutory authority. In no event is physical force justifiable as punishment. Any employee who uses physical force shall prepare a written report of the incident and submit it to the jail facility administrator.
11.35. Mechanical restraints. Instruments of restraint shall be used only as a precaution against escape, during transfer or transport, for medical reasons by direction of the medical officer, and as a preventive measure against inmate self-injury, injury to others or property damage when there is approval from the facility administrator or his or her designee. They shall be applied for only the length of time necessary to regain control of the inmate.
11.36. Inmate authority. No inmate or group of inmates shall be given control or authority over other inmates.
11.37. Shift reports. Correctional staff members shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
11.38. Weekly inspection. The jail facility administrator or his or her designee, the chief correctional officer, and other department heads shall inspect the facility's living and activity areas at least weekly.
11.39. Transportation of inmates. When transportation is the responsibility of facility staff, written policies and procedures shall govern the transportation of inmates outside the facility.
11.40. Facility vehicles. Written policies and procedures shall govern the use and security of facility vehicles.
11.41. Personal vehicles. Written policies and procedures shall govern the use of personal vehicles for official purposes, including provision for insurance coverage.
W. Va. Code R. § 95-1-12 Special Management Inmates
12.1. Operation of segregation units. Written policies and procedures shall provide for the operation of segregation units for the supervision of inmates under administrative segregation, protective custody or disciplinary detention.
12.2. Immediate segregation. Only the facility administrator or his or her designee can order immediate segregation of an inmate and then only when it is necessary to protect the inmate or others.
12.3. Disciplinary detention. Inmates shall be placed in disciplinary detention for a rule violation only after a hearing by the appropriate committee, or hearing officer, and when no other available alternative dispositions are adequate to regulate the inmate's behavior within acceptable limits and the inmate's presence in the general population poses a serious threat to the orderly operation or security of the jail facility.
12.4. Administrative segregation. Inmates shall be placed in administrative segregation only after a hearing before the jail facility administrator or shift supervisor, classification committee, or other standing committee specifically designated for this purpose.
12.5. Administrative segregation hearing. Placement in administrative segregation should be preceded by the inmate receiving notice of intended placement, appearance at the hearing and an opportunity to present his or her case to the hearing officer(s).
12.6. Review of administrative segregation. The status of the inmate shall be reviewed at least every fifteen (15) days to determine whether the reasons for initial placement in segregation continue to exist. If the reasons do not, the inmate shall be released from segregation.
12.7. Release and appeal from administrative segregation. An inmate shall be released from administrative segregation by action of the appropriate committee with jurisdiction over the inmate's placement in this status, or an appeal to the jail facility administrator or appropriate supervisory authority.
12.8. Protective custody. An inmate shall be admitted to the segregation unit for purposes of protective custody only when there is documentation that protective custody is warranted and no reasonable alternatives are available. Protective custody shall be used only for short periods of time, except when an inmate needs long-term protection, and the facts are well documented. When an inmate consents to protective custody, his or her consent shall be fully documented with a consent form signed by the inmate. The inmate may at any time request reassignment to the general inmate population.
12.9. Review of protective custody. Inmates in protective custody shall have their status reviewed by the appropriate personnel at least every fifteen (15) days.
12.10. Appeal of protective custody. When inmates are placed in protective custody an appeal process shall be provided to the jail facility administrator or an appropriate supervisory authority.
12.11. Isolation. The responsible physician shall approve a plan guiding the use of restraints in isolation. For an inmate to be kept in isolation for more than twenty-four (24) hours, a physician or mental health professional shall determine upon evaluation that the inmate is a threat to himself or herself or others. Transfer of the inmate to a hospital or state institution may be appropriate. Isolation shall be reviewed as soon as possible by the jail facility supervisor but in no event later than six (6) hours after the initial placement in isolation. Inmates placed in isolation as a result of being out of control shall be released immediately upon their regaining self-control. An appeal process to the jail facility administrator or the appropriate supervisory authority shall be provided.
12.12. Isolation observation. A monitoring procedure shall be developed to require observation of inmates in isolation. The procedures shall include regular observations and at least an hourly recording of the behavior observed. The individual recording shall include the following information: the inmate's name; the date and hour of placement in isolation; the reason or basis for placement in isolation; the behavior exhibited while in isolation; the release time; any physical or mental problems or needs; and, any visits by health personnel.
12.13. Permanent log in segregation units. Staff members in any segregation unit shall maintain a permanent log. Admissions of all inmates to these units shall be recorded with the following information included for each inmate: the inmate's name; the inmate's number; the inmate's previous housing location; the date admitted; the type of infraction or reason for admission; the tentative release date; and, any special medical or psychiatric problems or needs. The log should be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.
12.14. Observation of potentially suicidal inmates. Inmates who are classified as potentially suicidal shall be continuously monitored which shall include a verbal exchange between the inmate and the monitoring staff. A recording of this monitoring shall be made and placed in the inmate's health record. High risk persons shall be placed on continuous observation.
12.15. Deprivation of authorized item or activity. Whenever an inmate in segregation is deprived of any usually authorized item or activity, a written report of the action shall be made and forwarded to the jail facility administrator. The report shall identify the inmate, the item or activity he or she was deprived of, and the reasons for the action. The report shall be forwarded to the chief security officer as soon as possible. If circumstances warrant the removal of all of an inmate's personal items, approval for this action shall be obtained in advance from the jail facility administrator or his or her designee. No item or activity shall be withheld longer than is necessary to ensure the inmate's safety and the well-being of the staff and other inmates. In no case shall an inmate be deprived of an item or activity for the purpose of punishment unless proper disciplinary process has been utilized.
12.16. Meals. Inmates in segregation shall receive the same meals as those served to the general population. Deprivation of food shall never be used as punishment.
12.17. Shower. Inmates in segregation shall have the opportunity to shave and shower daily. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, unless the activities present an undue security hazard.
12.18. Clothing, bedding, hair care service. The issuance and exchange of clothing, bedding and linen and laundry of those articles, barbering and hair care services shall be provided for inmates in segregation on the same basis as for inmates in the general population; exceptions to this rule are permitted only where found necessary by the senior officer on duty, and are recorded in the log required by section 12.13 of this rule and justified in writing. Inmates in segregation shall be afforded the same hygienic living conditions as the general inmate population.
12.19. Mail. Inmates in segregation shall be provided the same opportunities for the sending and receiving of letters as are available to the general inmate population. Letters shall be delivered promptly. If any item is rejected consistent with the policies and procedures for sending and receiving letters, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.
12.20. Visitation. Inmates in segregation shall be provided opportunities for visitation, unless there are substantial reasons for withholding such privileges. Every effort shall be made to notify the inmate and any approved visitors of any restrictions on visiting. This practice will avoid disappointment and unnecessary inconvenience for the visitors.
12.21. Telephone. Inmates in disciplinary detention shall be allowed limited telephone privileges, which consist of telephone calls related specifically to access to the judicial process and family emergencies as approved by the jail facility administrator or his or her designee. Inmates in administrative segregation and protective custody shall be allowed telephone privileges.
12.22. Legal materials. Inmates in segregation shall have access to both personal legal materials and to available legal reference materials. Reasonable arrangements shall be made to assist these inmates in meeting court deadlines.
12.23. Reading materials. Inmates in segregation shall have access to reading materials.
12.24. Exercise. Inmates in segregation shall be allowed the same opportunity for recreation as those in the general population unless specific temporary security restrictions are designated in writing by the jail facility administrator in advance.
12.25. Programs and services. Inmates in segregation shall be allowed to participate in facility programs to the same extent as the general inmate population, providing their participation is consistent with the safety and security of the facility and the community. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.
12.26. Visits from staff. Inmates in segregation shall receive daily visits from the chief security officer or the shift supervisor, members of the program staff upon request, or a qualified health care official three (3) times per week unless medical attention is needed more frequently.
12.27. Staffing of segregation units. Written policies and procedures shall govern selection criteria, supervision and assignment of staff who work with inmates on a regular and daily contact basis in segregation units. Procedures shall be established to supervise and evaluate the on-the-job performance of all staff members who work with inmates in segregation. Administrative procedures shall exist for promptly removing ineffective staff members from these positions. The need for reassignment shall be based on the intensity of the assignment.
W. Va. Code R. § 95-1-13 Food Service
13.1. Menu inspection. A qualified nutritionist shall inspect and approve menus in advance of adoption and make recommendations regarding diets to assure adherence to nationally recommended basic daily caloric and nutritional requirements.
13.2. Review. All menus, including special diets, shall be planned, dated, and available for review at least one month in advance; notations shall be made of any substitutions in the meals actually served. Substitutions shall be of equal nutritional value.
13.3. Temperature. Meals must be served at the appropriate temperature. There shall be at least two (2) hot meals a day.
13.4. Meal variety and nutrition. Meals must include variety and be nutritious. There shall be a rotation of at least four (4) weeks duration of planned menus prepared by a registered dietician under the direction of the food service provider.
13.5. Special diets. Special diets for medical and religious reasons shall be provided.
13.6. Management. A staff member experienced in food service management shall be responsible for food service management and operations.
13.7. Health protection. Adequate health protection shall be provided for all inmates and staff in the jail facility as well as inmates and other persons working directly in food service. All food handlers, the jail facility, and food preparation equipment shall meet all applicable health and safety standards. Inmate food handlers shall be required to receive a complete physical examination prior to job assignment.
13.8. Food service records. Records of daily menus shall be maintained; any deviations from planned menus shall be appropriately noted on the records. Records of inmates' refusal to eat shall be noted in their medical files.
13.9. Restriction. Restriction of food shall not be used as a disciplinary punishment.
13.10. Toilet and hand washing facilities. A toilet and hand washing facility shall be available to food service personnel and inmates assigned to work in the food service preparation area.
13.11. Regimentation. Meals shall be served under conditions which minimize regimentation, although supervision of group dining by staff members should be available. Meals shall not be served in cells unless it is necessary for purposes of safety and security or the inmate is under disciplinary, administrative or medical segregation. When a meal is served in a cell a small table or shelf and appropriate seating distanced from the toilet shall be provided.
13.12. Frequency. At least three (3) regular meals, at least two (2) of which are hot, shall be served at regular meal times during each twenty-four (24) hour period with no more than thirteen (13) hours between the beginning of the evening and breakfast meals.
13.13. Budgeting, purchasing and accounting. The food service operations shall use budgeting, purchasing and accounting practices that include, but are not limited to, the following systems:
a. Food expenditure cost accounting designed to determine cost per meal;
b. Estimation of food supply requirements;
c. Purchase of supplies at wholesale prices and under other favorable conditions, when possible;
d. Determination of and responsiveness to inmate eating preference; and, e. Refrigeration and storage of food with specific storage periods.
13.14. Equipment and dining area inspection. Inspection of food service and dining areas shall be subject to the following conditions:
a. Weekly general inspection of food service, dining and food preparation areas and equipment by a trained individual who shall maintain a record of such inspections;
b. Daily inspection of the sanitary condition and proper operation of temperature controlled food storage facilities for food supplies; and, c. Daily inspection of refrigerators and dish washing temperatures by food service personnel to assure that proper operating temperatures are maintained.
13.15. Documentation. Documentation shall be maintained that complies with health and safety regulations.
13.16. Utensils. All inmates shall be provided appropriate utensils and drinking cups with meals.
W. Va. Code R. § 95-1-14 Medical and Health Care Services
14.1. Right to medical care. All inmates shall have prompt access to necessary medical, dental and psychiatric care provided in a reasonable manner by licensed personnel.
14.2. Responsibility. Medical, dental and mental health decisions involving clinical judgements shall be the sole province of the responsible health care professional. The jail facility administrator shall provide administrative support for the availability of medical care to inmates and shall advise the health care professionals concerning jail facility security.
14.3. Responsible physician. A responsible physician shall be designated to approve health care policies, procedures and agreements which may include the use of emergency rooms in local hospitals. Each jail facility shall have agreements or provisions for twenty-four (24) hour coverage by an on-call physician. All physicians and dentists examining or treating inmates shall be licensed to practice in the State of West Virginia.
14.4. On site health authority. An on site health authority shall be designated and present at all times. The health authority may be a physician, physician's assistant, registered nurse, licensed practical nurse, nurse practitioner, paramedic, emergency medical technician, or a health trained staff member.
14.5. Medical autonomy and jail facility administration. Medical decisions shall be made only by the physician or his or her designee. It shall be made clear to the health authorities, that security rules which apply to non-medical jail facility staff also apply to health care staff. The jail facility administrator shall provide information and orientation concerning security rules to health care staff.
14.6. Duties and responsibilities. Appropriate state and federal licensure, certification or registration requirements and restrictions apply to personnel who provide health care services to inmates. The duties and responsibilities of medical care personnel shall be governed by written job descriptions approved by the responsible physician and the jail facility administrator. Verification of current credentials and job descriptions shall be on file in the jail facility. The provision of quality health care shall be ensured by the use of only qualified health care personnel to determine and supervise health care procedures. Written job descriptions shall include the qualifications required and the specific role in the health care delivery system of that position. Verification of qualifications may consist of copies of current certificates or licenses.
14.7. Administrative meetings and reports. There shall be meetings, at least quarterly, between the health care staff and the jail facility administrator to review and discuss health care programs in the jail facility. Notes of these meetings shall be kept by the jail facility administrator. The responsible physician shall submit quarterly reports on the health care delivery system and annual statistical reports. The report shall include topics such as the effectiveness of the health care delivery system, a description of any environmental factors which may require improvement, changes effected since the last report, and recommendations for corrective action if needed. The annual statistical report of inmate health care shall include the number and nature of sick call visits, diagnostic studies conducted, emergency services rendered, referrals to specialists, hospitalizations, special procedures performed, ambulance transports used, communicable diseases reported and deaths. The annual statistical report, along with an appraisal of the jail facility's health care system shall be submitted to the authority having jurisdiction over the jail facility by the responsible physician.
14.8. Review. Each policy, procedure and program in the health care delivery system shall be reviewed at least annually by the responsible physician and revised if necessary. Each policy or procedure document shall bear the date of the most recent review or revision and the signature of the reviewer.
14.9. Policies and procedures. The responsible physician shall write or approve pre-written health policies and procedures for the following components of jail facility health care:
14.9.1. Decision making for special problem inmates. Before inmates with diagnosed psychiatric or significant medical illnesses are given housing assignments, work assignments, disciplinary measures or transfers, the jail facility administrator and the responsible physician or their designees shall confer to consider any special precautions or preparations. A list of frequent illnesses which require special arrangements shall be developed. Special diets must be provided when requested by health personnel and approved by the responsible physician.
14.9.2. Notification of next of kin. The jail facility administrator or responsible physician shall notify the next of kin or legal guardian of the serious illness, serious injury or death of any inmate in the custody of the jail facility.
14.9.3. Post mortem examination. The jail facility administrator or responsible physician shall immediately notify the State Medical Examiner of the death of any inmate. The jail facility shall cooperate with the State Medical Examiner in the conduct of post mortem examination if found to be necessary.
14.9.4. Minimum staff training requirements. Health trained staff is defined as jail personnel who have the equivalent of EMT training and also have received information regarding the symptoms of physical and mental illnesses common to the inmate population (including depression and chemical dependency), basic management of seizures, medication administration, health record maintenance, recognition of potentially suicidal behavior, ability to respond to health related situations within four (4) minutes, first aid training, and procedures for transfer of inmates to appropriate medical facilities or health care providers. Training may be effected through a local hospital, emergency room, county health department, county medical society, Red Cross chapter, or any other program approved by the responsible physician. An appropriate training course may be completed in approximately 60-80 hours. Each shift shall include at least one person who has become health trained as described in this subsection. Ideally these persons shall be from the health care profession but may be health trained jail facility personnel.
14.9.5. Suicide prevention. There shall be a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional. All jail facility staff who are responsible for inmate supervision shall be trained in the implementation of the program. The staff shall be responsible for intake screening and identification of potentially suicidal inmates in an effort to prevent suicide.
14.9.6. Prohibited inmate assignments. Inmates shall not be assigned the following duties:
a. Performing direct patient care services;
b. Scheduling health care appointments;
c. Determining or controlling access to health care by other inmates;
d. Handling or having access to surgical instruments, syringes, needles, medications or health records; and, e. Operating medical equipment.
The restrictions of this subsection shall not be construed to preclude inmates from participation in a certified vocational training program. Inmates may be permitted to perform janitorial or cleaning services in the medical areas under the supervision of qualified staff.
14.9.7. Receiving Medical Screening. A receiving medical screening appraisal to elicit information pertinent to the inmates' health shall be performed on every inmate at the time of admission. The screening shall be recorded on a form which has been approved by the responsible physician. Screening is a means to discover and prevent health and safety threats to both inmates and staff. The goal of receiving screening shall be to detect any communicable diseases, chemical dependence, potential for suicide, or other medical or psychiatric problems before the inmate is placed within the jail population. When the inmate has been transferred from another facility and is accompanied by a previously completed screening form, the form shall be reviewed and verified. The receiving screening shall be conducted by a health-trained staff member. No inmate in obvious need of medical attention shall be admitted to any jail facility until such time as the arresting or transporting officer shall obtain written medical clearance indicating that the inmate is physically capable of withstanding incarceration. The screening inquiry shall include the following topical areas:
a. Current illness and health problems, including dental problems;
b. Venereal diseases and other infectious diseases;
c. Current medication and special health requirements;
d. Use of alcohol or other drugs, including types of drugs used, mode of use, amounts used, frequency of use, date or time of last use, and history of problems which may have occurred after cessation of use;
e. Past and present treatment or hospitalization for mental disturbance or attempted suicide; and, f. Other health problems as may be identified by the responsible physician.
14.9.8. Disposition. The receiving screening process shall include a recommendation to one of the following population classifications: General population, with or without referral for appropriate health care services; emergency referral to appropriate health care services; or, medical isolation and special observation.
14.9.9. Health Appraisal. Within fourteen (14) days of admission, a health appraisal shall be completed for each inmate which includes a medical history and examination which is recorded on a form approved by the responsible physician. Although a physician, physician's assistant or nurse practitioner must perform the physical examination, the health history may be completed by a health trained staff member. The health appraisal shall include the following:
a. Review of the earlier receiving screening by the examining clinician;
b. Collection of additional data to complete the medical, dental, psychiatric and dental histories;
c. Administration of laboratory and/or diagnostic tests to detect communicable diseases including tuberculosis;
d. Recording of current height, weight, pulse rate, blood pressure and temperature, any other diagnostic tests administered and comments concerning mental and dental status; and, e. The results of the medical examination, test results and other information collected shall be reviewed by a physician who shall direct the initiation of appropriate medical care and treatment.
14.9.10. Care for persons under the influence of drugs. The responsible physician shall approve policies and procedures for the identification of alcohol and drug dependence as well as subsequent management and/or transfer for the care of persons under a drug influence. Unless the jail facility has special facilities and constant medical supervision to perform detoxification, detoxification shall not be performed at the jail facility; inmates who require detoxification shall be transferred to a hospital or detoxification center designated by the responsible physician. Procedures for adequate care of persons under the influence of drugs include written policies and training concerning medical screening, observation, referral evaluation, and safety protection.
14.9.11. Psychiatric illness. Post admission screening and referral for the care of mentally ill or retarded inmates whose adaptation to the jail facility environment is significantly impaired shall be provided. Psychiatric problems identified, whether identified during receiving screening or after admission, shall be followed up by medical staff. The urgency of the presenting problem shall determine the response. Potentially suicidal and psychotic patients are emergencies and require prompt attention. Inmates awaiting emergency evaluation shall be housed in a specially designated area with constant supervision by trained staff. Inmates shall be held only for the minimum time necessary before emergency care is rendered. All sources of assistance for mentally ill or impaired inmates shall be identified in advance of need and referral procedures shall be in place for use in cases where the need exists. No person shall be housed in a jail facility solely upon an involuntary commitment proceeding pursuant to W. Va. Code '27-5-1 et. seq..
14.9.12. There shall be consultation between the jail facility administrator and the responsible physician or their designees prior to the making of housing assignment, program assignment, imposition of disciplinary measures or the transfer of any inmate who is diagnosed as having a psychiatric illness.
14.9.13. Access to treatment. Upon admission each inmate shall be informed of his or her right of access to medical treatment; in addition to verbal instruction, each inmate shall receive an information sheet which includes information about the jail facility's sick call schedule, the procedures for registration for sick call and the grievance procedures concerning medical care. The medical information sheet shall be approved by the responsible physician.
14.9.14. Daily health complaints. The health complaints of inmates shall be solicited daily and acted upon by trained personnel such as a licensed nurse or registered nurse and followed by appropriate triage and treatment by qualified personnel. Triage is the sorting and allocation of treatment of patients according to priorities of need.
14.9.15. Sick Call. Sick call is the system through which each inmate reports for and receives appropriate medical services for non-emergency illness or injury; if an inmate's custody status precludes attendance at sick call, arrangements shall be made to provide sick call services in the inmate's place of detention. Inmates will have daily access to sick call forms which shall be reviewed that day by the health authority or other person designated by the responsible physician. All complaint forms will become part of the inmate's health record. Sick call shall be performed by a licensed physician, physician's assistant, registered nurse, or other person designated by the responsible physician. Sick call is a designated time to review non-emergency medical problems and shall be held at the following intervals:
a. In jail facilities of less than fifty inmates, one time per week;
b. In jail facilities of fifty to one hundred inmates, two times per week;
c. In jail facilities of one hundred to two hundred inmates, three days per week; and, d. In jail facilities of more than two hundred inmates, five times per week.
14.9.16. Use of restraints or isolation for out of control inmates. The responsible physician shall approve a plan which guides the use of restraints or isolation and providing for mental health personnel to evaluate inmates who are repeatedly out of control or who remain out of control for more than a short amount of time. Use of physical restraints in the control of inmates inside the jail facility may only be used for the protection of the individual or others. The use of restraints shall be recorded in the inmate's record. Any time an inmate remains out of control for more than a short amount of time, mental health personnel shall be consulted.
14.9.17. Health Promotion/Wellness Promotion. The responsible physician shall consider plans which provide inmates with health education and preventive medical services.
14.9.18. Prevention of the spread of disease. Jail facilities shall establish an area for use by inmates who have medical problems which require separation or close observation. Inmates in such areas shall be allowed to participate in an appropriate form of exercise, including exercise of large muscle groups, for a minimum of one hour per day.
14.9.19. Dental Care. Dental care shall be provided to each inmate under the direction and supervision of a licensed dentist under the following conditions:
a. Each inmate shall receive a dental examination as a component of his or her health evaluation within fourteen days of admission; and, b. Emergency dental treatment for conditions which adversely affect the inmate's health shall be provided within three (3) months of admission.
14.9.20. Special medical programs. Arrangements shall be made for the provision of special medical programs, including chronic care, convalescent care and preventive medical maintenance for inmates. The special medical program shall service a broad range of health problems, e.g., seizure disorders, diabetes, potential suicide, chemical dependency, and psychosis. These special medical programs require close medical supervision. Chronic care is medical service rendered to a patient over a long period of time for conditions such as diabetes, asthma, and epilepsy. Convalescent care is medical care provided to assist a patient in the recovery from illness, injury or surgery. Preventive medical maintenance includes health education and medical services such as inoculation and immunization and is provided to take measures in advance of the onset of illness or to provide instruction in the self-care of chronic conditions. Provided that, for purposes of this rule only, use of or withdrawal from the use of nicotine shall not be considered a chemical dependency or otherwise qualify the inmate for medical or psychological treatment or counseling.
14.9.21. Prostheses. The responsible physician or dentist shall determine the medical necessity for prosthetic devices. Prosthetic devices shall be provided when medically necessary to avoid adverse affect upon the inmate's health.
14.9.22. Management of pharmaceutical. Procedures for prescribing, dispensing and administering drugs shall be in compliance with federal and state laws and regulations. The responsible physician shall approve written procedures for the distribution, administration, accounting and disposal of medications. The responsible physician shall approve a written medication log which shall be maintained for each inmate receiving medication. The inmate's medication log shall include the date, time, name of drug and dosage administered. Any inmate who refuses medication shall sign a statement to that effect, which shall be signed by a staff member and filed in the inmate's medical record. Medications shall be administered only by a physician or nurse, or, after written approval from the responsible physician, by the health authority or health trained staff member; exception to this requirement may be made for self administration of insulin injections by inmates who have received appropriate instruction and are under the supervision of the health authority or a health trained staff member. The physician shall inform jail facility personnel of possible side effects of medication prescribed for inmates. When medications are taken orally, the person administering the medication shall take appropriate action to verify that the medication has been swallowed, thereby ensuring proper ingestion of the prescribed medication. The jail facility shall provide a locked storage area for medications and a list of stored medications shall be maintained. Refrigeration shall be provided if needed for proper storage of medications.
14.9.23. Administration of medications. Persons administering medications shall do so under the supervision of the responsible physician and shall have received training appropriate to their assignment. They are accountable for administering medications according to orders as to both frequency and dosage, and for recording the administration of medications in a manner and on a form approved by the responsible physician. Training from the responsible physician shall include the medical aspects of administration or distribution of medication. Training from the jail facility administrator shall include security matters inherent to the administration and distribution of medications in a jail facility.
14.9.24. Health records. A separate file shall be established for each inmate at the time of his or her receiving screening for the collection of medical information. The health record shall be sufficiently detailed to enable a practitioner to give continuing care and permit the retrospective determination of the inmate's condition and treatment at the time of examination and treatment and to provide information which will enable consulting medical professionals to render advice on the inmate's care and treatment. Entries in this record shall be made in ink, be legible, be signed by the maker, and dated. Records shall be maintained for at least seven (7) years following the inmate's most recent incarceration. The file shall contain the following:
a. The completed receiving screening form;
b. The completed health appraisal, if the inmate was incarcerated for more than thirty (30) days;
c. All findings, diagnoses, orders and treatments;
d. A medication log sheet;
e. The results of laboratory, x-ray or other diagnostic procedures;
f. Any completed medical complaint forms;
g. The date, place and time of health encounters;
h. Dental, psychiatric or other consultation reports;
i. Consent and refusal forms; and, j. Release of information forms.
14.9.25. Transfer of records. When an inmate receives off-site examination or treatment or is transferred to another facility or hospital the inmate's health record or a copy of the summary shall accompany him or her. Documentation of any off-site examination or treatment shall be made in the health record by the physician or other health professional involved. Health records shall be returned to the jail facility with the inmate or, in the event of the transfer or hospital admission of the inmate, as soon as possible thereafter. Written authorization by the inmate is required for the transfer of health record information, except in an emergency situation where the inmate is unable to authorize the transfer.
14.9.26. Confidentiality. The inmate's medical information, health record, and confidences entrusted to a physician or other medical care professional in the course of screening, examination or treatment are confidential and shall not be disclosed to anyone except in the following instances:
a. With the informed consent of the inmate;
b. When required by law, e.g., the reporting of communicable diseases;
c. When the security of the institution or the safety of the individual requires disclosure, and then only to the extent necessary for the protection of the inmate and the security of the jail facility; and, d. When the chief administrative officer requests review of medical information, subject to all other requirements of this subsection.
14.9.27. Facilities and equipment. When health services are provided within a jail facility the jail facility shall provide a private examination/treatment area and such equipment necessary and appropriate for the delivery of medical care as provided in this section. Medical equipment shall be periodically inspected and kept in good repair.
14.9.28. First aid kits. Each jail facility shall have one or more first aid kits which contain, at a minimum, bandages, gauze, slings, adhesive tape and band-aids. The responsible physician shall designate the number, location and contents of first aid kits and shall provide for the periodic inspection and replenishment of the kits.
14.9.29. Informed consent. The informed consent of inmates is necessary for all medical examinations, treatment and procedures except those required by law, e.g., the treatment of infectious diseases when public health law requires such treatment, or in the event of an emergency. Informed consent is the voluntary consent of an inmate to an examination, treatment or procedure after receiving information concerning the material facts regarding the nature, consequences, risks and alternative procedures. In the event a minor is admitted, the consent to medical care must be obtained from a parent, guardian or legal custodian.
14.9.30. Medical research. The use of inmates for medical, pharmaceutical, or cosmetic research or experiments is prohibited.
14.9.31. Serious illness or injury. A process to notify an inmate's next of kin in the event of serious illness or injury shall be developed. The jail facility's admission form shall provide for identification of the inmate's choice of a person to be notified in the event of serious illness, serious injury or death. When possible, permission for notification shall be obtained from the inmate.
W. Va. Code R. § 95-1-15 Inmate Rights
15.1. Access to courts. Inmates shall have unlimited access to courts and to address uncensored communication to governmental authorities. Inmates seeking judicial or administrative redress shall not be subjected to reprisals or penalties as a consequence.
15.2. Attorneys. Sentenced and unsentenced inmates shall have access to attorneys or their representatives, paralegal and experts. Private Attorney/Client interview rooms shall be provided. Provisions shall be made for contacts during normal jail facility hours, for uncensored correspondence and telephone communication.
15.3. Access to legal materials. Inmates shall have access to appropriate legal materials. Provisions shall be made for reasonable and meaningful access to a library. The library shall include the following documents or their equivalent:
a. Black's Law Dictionary;
b. Legal Research in a Nutshell (latest ed.);
c. Federal Habeas Corpus, Sokol, (Michie);
d. Criminal Procedures in a Nutshell, Israel, Jerold J. and Lafave, Wayne R., St.Paul: West or a comparable service;
e. Constitutional Rights of Prisoners, Palmer, John W.,(with current supplement) Cincinnati: Anderson or a comparable service;
f. Criminal Law Hornbook, Lafave & Scott (West);
g. Court Rules;
h. W. Va. Code, Vols. 1-20, including Court Rules, with current supplements;
i. Southeastern Reporter (2nd series, 1960 to date);
j. Criminal Law Reporter, BNA;
k. U. S. Code, Annotated, Titles 18, 29 and 42;
l. Supreme Court Reporter (1960 to date);
m. Federal Reporter (2nd series, 1960 to date);
n. Federal Supplement (1970 to date);
o. Corpus Juris Secundum (Criminal Law sections only);
p. Modern Federal Practice Digest Second (Vols. 16-19, 22-32, 53-54, Table of Cases and Indexes); and, q. Michie's Jurisprudence.
15.4. Access to paper and supplies. Inmates shall have access to paper and other supplies related to legal matters. Inmates shall be provided reasonable access to the services of a notary public for legal documents and other general purposes. There shall be no restricting or interfering with jailhouse lawyers or with inmates attempting to assist other inmates in legal matters. Such interaction of inmates is subject only to legitimate safety and security concerns.
15.5. Voting. Jail facility officials shall inform inmates on pre-trial status and those convicted of misdemeanors of their right to vote and offer them the opportunity to exercise that right.
15.6. Religious observance. Inmates shall have reasonable opportunities to practice their religion, with visits permitted by spiritual advisers at reasonable times. Provisions shall be made for inmates to observe the requirements of their faith.
15.7. Checking and savings accounts. Inmates are entitled to maintain checking and savings accounts.
15.8. Discrimination. Each inmate shall be free from discrimination based upon race, religion, national origin, sex, handicap, or political beliefs. Inmates shall have equal access to various programs and work assignments, and involvement in decisions concerning classification status. There shall be no discrimination in regard to the rights and privileges, restrictive housing, or any other amenities afforded to inmates.
15.9. Protection. Inmates shall be protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. In instances where physical force or disciplinary detention is required, only the least restrictive means necessary to secure order or control shall be used. Administrative segregation shall be used to protect inmates from themselves or other inmates.
15.10. Inmate appearance. Inmates' personal appearance shall not be limited unless it presents clear health, safety or security hazards.
15.11. Grievance procedure. The jail facility shall have a written grievance procedure which is explained and available to inmates and staff. It shall give inmates an opportunity to seek redress for violations of jail facility rules and regulations or interference with the inmate's rights or privileges. The procedure shall include a provision for an investigation of the grievance and for a written response within a reasonable time (seventy-two (72) hours) and proper action taken to ensure fair resolution of complaints. The response shall state reasons for the response to the grievance. Unless grievances are clearly found to be in bad faith, the grievant shall have a personal opportunity to be heard before a decision on the grievance is made. If the grievance is denied, an appeal shall be available.
15.12. Good Time. Inmates sentenced to jail for a term exceeding six (6) months are entitled to good time. Inmates shall be presumed to have conducted themselves well and shall be entitled to good time credit unless they have a recorded history of misconduct. Jail facility authorities shall notify inmates of good time.
15.13. Due Process. No inmate shall be deprived of any good time credit for alleged misconduct unless they have first been afforded the following due process protection:
a. Written notice of the claimed violation;
b. Disclosure of the evidence against them;
c. An opportunity to be heard and to present witnesses and documentary evidence;
d. The right to confront and cross-examine adverse witnesses, unless the hearing officer specifically finds good cause for prohibiting confrontation;
e. A neutral and detached hearing officer;
f. A written statement by the fact-finders of the evidence relied upon and the reasons for discipline; and, g. The right to counsel, if the state is represented by an attorney, and otherwise the right to be assisted by another inmate, staff member, lay advocate or paralegal.
W. Va. Code R. § 95-1-16 Inmate Rules and Discipline
16.1. Rules of conduct. There shall be written rules of inmate conduct which specify acts prohibited within the jail facility and penalties which may be imposed. These rules shall be provided to all inmates and procedures shall exist for ensuring that all inmates understand the rules.
16.2. Annual Review. The written rules of inmate conduct shall be reviewed annually and updated as necessary to ensure that they are consistent with constitutional and legal principles.
16.3. Training. All personnel who deal with inmates shall receive sufficient training so that they are thoroughly familiar with the rules of inmate conduct, the sanctions available, and the rationale for the rules.
16.4. Minor infractions. There shall be written guidelines for informally resolving minor infractions of the inmate rules.
16.5. Disciplinary reports. When rule violations require formal resolution, staff members shall prepare a disciplinary report and forward it to their supervisor.
16.6. Minimum contents. Disciplinary reports prepared by staff members shall include the following minimum information:
a. Specific rule alleged to have been violated;
b. A formal statement of the charge;
c. An explanation of the event, including who was involved, what transpired, and the time and location of the event;
d. Any unusual inmate behavior;
e. Any staff witnesses;
f. The disposition of any physical evidence;
g. Any immediate action taken, including the use of force;
h. The reporting staff member's signature; and, i. The date and time the report is made.
16.7. Investigation. When an alleged rule violation is reported, an investigation shall begin within forty-eight (48) hours of the time the violation is reported.
16.8. Pre-hearing segregation. Pre-hearing segregation of inmates who are charged with a rule violation shall be used only when necessary to ensure the safety of the inmate or the security of the jail facility.
16.9. Sanctions. There shall be a schedule of sanctions for rule violations. The maximum sanction for rule violation shall be disciplinary confinement for fifteen (15) days for any one violation and no more than (30) thirty days for all violations arising from one incident. If more than one incident occurs, continuous disciplinary confinement for more than thirty (30) days shall require the review and approval of the jail facility administrator.
16.10. Prosecution. Written policies and procedures shall provide for referral of alleged criminal violations by inmates to appropriate law enforcement officials for prosecution.
16.11. Written copy of allegation. An inmate charged with a violation of jail facility rules shall be given a written copy of the alleged violation within twenty-four (24) hours of the determination of the charges.
16.12. Hearing. An inmate charged with a rule violation shall receive a hearing within seventy-two (72) hours of the charge, excluding weekends and holidays. The hearing may be postponed or continued by a written waiver by the inmate or for good cause.
16.13. Written notice of hearing. Written notice of the hearing shall be provided to the inmate at least twenty-four (24) hours prior to the hearing. The inmate may give written consent to a hearing within less than twenty-four (24) hours.
16.14. Inmate absence. Inmates charged with rule violation shall be present at the hearing unless they waive that right in writing or through behavior. Inmates may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion shall be documented.
16.15. Hearing panel. Disciplinary hearings of rule violations shall be conducted by an impartial person or panel of persons.
16.16. Inmate representation. Staff assistance to represent inmates at disciplinary hearings shall be provided upon request by the inmate.
16.17. Rules of evidence. The inmate shall be given an opportunity to make a statement, present documentary evidence, and to have present any person who has relevant and not unduly cumulative information, except when doing so may jeopardize the life or safety of persons or the security or order of the jail facility; reasons for denial shall be stated in writing. The formal rules of evidence shall not apply to inmate disciplinary proceedings.
16.18. Written record of decision. A written record shall be made of the disciplinary hearing decision and a copy shall be given to the inmate.
16.19. Review. A review of all disciplinary hearings and dispositions shall be made by the jail facility administrator or his or her designee.
16.20. Appeal. Inmates shall have the right to appeal decisions of the disciplinary hearing officer to the jail facility administrator or his or her designee. The administrator, or their designee, shall either affirm or reverse the decision of the disciplinary hearing officer within five (5) days of the appeal.
16.21. Effect of negative finding. The disciplinary report shall be removed from the files of any inmate found not guilty of an alleged rule violation.
W. Va. Code R. § 95-1-17 Communication, Mail and Visitation
17.1. Inmate correspondence. Written policies and procedures shall govern inmate correspondence, shall be available to all staff and inmates, and shall be reviewed annually and updated as needed.
17.2. Limitations. The volume of lawful mail, including letters and publications, which an inmate may send or receive or the length, language, content or source of the mail may not be limited except for reasons of public safety or jail facility order and security. Outgoing mail shall be at the inmate's expense except as provided in section 17.3 of this rule.
17.3. Indigent inmates. Indigent inmates shall be provided, without cost, sufficient stationery and postage for all letters to attorneys, courts, and public officials and two (2) personal letters per week.
17.4. Restrictions. Written policies and procedures shall define the type of publications allowed in the jail facility and inspection procedures. Restrictions of access to publications shall be directly related to the maintenance of jail facility order and security.
17.5. Mail processing. Incoming and outgoing letters shall not be held for more than twenty-four (24) hours, excluding weekends and holidays.
17.6. Inspection. Inmate letters, both incoming and outgoing, may be opened and inspected for contraband, but shall not be censored. The letters shall not be read or rejected except where there is reliable information that there is a threat to order or security or that they are being used in the furtherance of illegal activity. Inmates shall be notified when incoming or outgoing letters are rejected.
17.7. Cash. Procedures shall provide for the inspection of inmate letters to intercept cash, checks, money orders and contraband. A receipt shall be given to the addressee.
17.8. Sealed letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, which shall include courts, counsel, officials of the confining agency, government officials, administrators of grievance systems, and members of the parole authority. Mail to inmates from this specified class of persons and organizations shall be opened only to inspect for contraband and only in the presence of the inmate.
17.9. Telephone access. Inmates shall be afforded the right to reasonable telephone access. Telephone calls shall not be monitored unless authorized by a prior court order.
17.10. Visitation. The number of visitors an inmate may receive and the length of visits shall be limited only by jail facility schedules, space and personnel constraints. Visitation shall be provided at least four (4) times weekly including weekends, holidays and evening hours as well as daytime hours. The scheduled visitation hours shall be at least three (3) hours in duration. Individual visitations shall not be limited to less than one-half hour. Visitors whose schedule cannot accommodate the jail facility's visiting schedule may be granted special visitation hours upon request to the jail facility administrator. The visitation schedule and visitation policies shall be posted.
17.11. Visitation limitations. Any visitor shall be allowed except those excluded by court order, visibly under the influence of alcohol and/or drugs, or unable to produce appropriate identification. Inmates may receive visits from immediate family regardless of age provided that all children under the age of eighteen (18) are accompanied by an adult parent, or guardian. Any emancipated child under the age of eighteen (18) must provide proof of emancipation.
17.12. Contact visits. Contact visits shall be available unless otherwise requested, or the inmate's behavior risks causing harm to a person, or the inmate is on disciplinary status related to an offense related to visitation.
17.13. Risk Inmates. Visiting hours for high risk inmates shall approximate those for other inmates.
17.14. Searches. Inmates may be searched prior to and subsequent to visitation. Visitors may be subject to non-intrusive personal searches.
17.15. Privacy. Visitation facilities shall be private and confidential with no monitoring of conversations.
17.16. Contact visitation area. The contact visiting area shall contain tables which do not impair visibility and communication.
17.17. Notification and visitation challenges. Inmates shall be given written notification whenever a visitor is excluded from visitation and shall be given reasons for the action. An inmate shall be given an opportunity to challenge the denial of visitation.
17.18. Visitation by counsel. The number of visits with counsel shall not be restricted, during reasonable hours.
17.19. Visitation to home county. The regional jail authority shall provide transportation to the inmate's home county for purposes of visitation if (1) The home county has a holding facility which may be used for purposes of visitation (2) The county commission and the sheriff of the county agree to provide space in the holding facility for purposes of visitation and to accept custody of the inmate during such period of visitation and (3) Additional transportation space is available on regularly scheduled runs to the home county required for other necessary purposes such as transporting other inmates to court proceedings. Priorities for inmates seeking transportation to the home county for visitation shall be assigned to available space on regularly scheduled runs as follows in the following order of priority: (1) Emergency circumstances (2) Transportation for inmates awaiting court proceedings and not under a sentence of incarceration for any crime (3) Inmates who have not received a visit within a three-month period and (4) Other inmates on a first-come, first-served basis in order of date and time of request.
W. Va. Code R. § 95-1-18 Admission, Orientation, Property Control and Release
18.1. New Inmates. Written policies and procedures shall govern the admission and orientation of new inmates. They shall be reviewed annually and updated as necessary. The jail facility shall not accept persons who are being committed solely because of the initiation of procedures for involuntary commitment pursuant to W. Va. Code '27-6A-1 et. seq.
18.2. Mentally disabled inmates. Care shall be provided for inmates who are believed to be mentally ill, retarded, or addicted and in need of treatment, training or other services. The jail facility administrator shall be made aware of the illness and shall arrange for a mental health assessment. If the report of the examination confirms the condition and services cannot be provided at the jail facility, the administrator shall immediately take action to initiate the inmate's transfer to an appropriate facility pursuant to W. Va. Code '27-6A-1, et. seq.
18.3. Minimum admission requirements. Written policies and procedures for admitting new inmates to a jail facility shall be provided and shall contain at least the following requirements:
a. Verification of court commitment papers or other legal documentation of authority to detain the individual;
b. A complete search of the individual and his or her clothing and personal possessions;
c. Appropriate disposition of the individual's clothing and personal possessions;
d. Medical screening including tests for infectious diseases;
e. Provisions for telephone calls by inmates;
f. Shower and hair care, if necessary;
g. Issuance of clean clothing;
h. Photographing and fingerprinting;
i. An interview to obtain identifying data;
j. A screening interview by a counselor or other trained interviewer;
k. An orientation to the jail facility;
l. Issuance of personal hygiene items;
m. Classification of custody level for assignment to a housing area; and, n. Assignment to a housing unit.
18.4. Housing of alcoholics. The jail facility administration shall refrain from housing or retaining in the jail facility any persons who are known to be or should be known to be chronic alcoholics when the person has been charged solely with the offense of public intoxication; the person shall be afforded all reasonable and necessary medical and health care services immediately; at all times the proper procedures for treatment of such persons shall be followed in the manner set forth by the West Virginia Supreme Court of Appeals in State ex rel. Harper v. Zeeger, No. 14950 (filed May 18, 1982) and in its Addendum (filed July 15, 1982).
18.5. Intoxicated or drugged inmates. There shall be written policies and procedures for the safe handling of intoxicated or drugged inmates committed to the jail facility when such persons are charged with offenses other than or in addition to public intoxication, the policies shall include requirements that:
a. All reasonable and necessary medical and health care services are provided immediately in the manner set forth by the Harper decision and its addendum;
b. Such persons are segregated from the general inmate population until they can be safely integrated without danger to themselves or others; and, c. When such persons are housed in the jail facility, they shall have access to a bed, a toilet and a wash basin with hot and cold running water.
18.6. Location of admission area. Inmates shall be separated from the general population during the admissions process.
18.7. Orientation. All newly admitted inmates shall receive verbal and written orientation information in language they understand. Completion of orientation shall be documented by a dated statement signed by the inmate.
18.8. Telephone. Newly admitted inmates shall be permitted to complete at least three (3) collect local or long distance telephone calls during the admissions process.
18.9. Personal Property. The personal property which inmates may retain in their possession shall be specified.
18.10. Inventory and receipt. A written inventory of all personal property of newly admitted inmates and secure storage of inmate property, including money and other valuables shall be provided. The inmate shall be given a receipt for all property held until release.
18.11. Release. Written procedures for releasing inmates shall be developed to include the following:
a. Verification of identity;
b. Verification of release papers;
c. Completion of release arrangements, including the person or agency to whom the inmate is to be released;
d. Return of personal effects;
e. Verification that no facility property leaves the facility with the inmate; and, f. Completion of any pending action such as a grievance or a claim for damages or lost possessions.
W. Va. Code R. § 95-1-19 Classification
19.1. General. Written policies and procedures shall provide for inmate classification in terms of the level of custody required, housing assignments and participation in correctional programs. They shall be reviewed at least annually and updated as necessary.
19.2. Criteria and appeal. The inmate classification plan shall specify criteria and procedures for determining and changing the status of an inmate, including custody, transfers and major changes in programs. The plan shall include an appeals process for a classification decision.
19.3. Classification categories. The jail facility shall provide for the separate management of the following categories of inmates:
a. Male and female inmates;
b. Pre-trial and convicted inmates;
c. Felon and misdemeanant;
d. Other classes of detainees (witnesses, civil inmates);
e. Community custody inmates (work release, weekender, trustees);
f. Inmates with special problems (alcoholics, narcotic addicts, mentally ill persons, physically disabled persons, or persons with communicable diseases);
g. Inmates who require disciplinary detention;
h. Inmates who require administrative segregation;
i. Violent and non-violent inmates; and, j. Juveniles.
19.4. Juveniles. Juveniles, who are subjected to trial as adults, if held in the jail facility, shall be separated by sight and sound from adult inmates, although they may be housed in the facility's structure. Juveniles who are not subject to trial as adults are not to be housed in the jail facility in accordance with W. Va. Code ''49-5-16 and 49-5-16a.
19.5. Discrimination. Segregation of inmates by race, color, creed, or national origin is prohibited.
W. Va. Code R. § 95-1-20 Inmate Work Programs
20.1. Inmate assignments. The jail facility shall have a written inmate work assignment plan that provides for inmate employment, subject to the number of work opportunities available consistent with the maintenance of security in the jail facility.
20.2. Required work. Pre-trial and unsentenced detainees shall not be required to work except to do personal housekeeping. Any inmate may volunteer for work assignments or institutional programs.
20.3. Maintenance and operation. The inmate work plan shall include provisions for work in the maintenance and operation of the jail facility, except that no inmate shall be permitted within any control room of the jail facility.
20.4. Public works projects. The inmate work plan may provide for inmate work assignments in public works projects.
20.5. Community service. The inmate work plan shall include provision for inmates to work in various non-profit and community service projects.
20.6. Discrimination. Discrimination in inmate work assignments based upon sex, race, religion or national origin is prohibited.
20.7. Disabled Inmates. The inmate work plan shall include provisions for the employment of disabled inmates.
20.8. Compensation. If required under the West Virginia Code, inmates shall be compensated for work performed.
20.9. Working conditions. Inmate working conditions shall comply with applicable federal, state and local work place safety laws and rules.
20.10. Reduction of sentence. The inmate work plan shall provide for the earning of credit toward sentence completion in accordance with the West Virginia Code.
W. Va. Code R. § 95-1-21 Inmate Services and Programs
21.1. Availability. Inmate programs and services shall be made available and shall include, but not necessarily limited to, social services, religious services, recreation and leisure time activities, and library services.
21.2. Use of community resources. Inmate programs and services shall provide for the identification and use of available community resources.
21.3. Inmate option to refuse. Inmates may refuse to participate in jail facility programs, except work assignments and programs required by statute or court order. There shall be written documentation of each refusal to participate maintained in the inmate's file.
21.4. Equal Opportunity. Male and female inmates will have equal opportunities to participate in programs and services.
21.5. Services for drug and alcohol addiction. The jail facility shall provide for counseling and program services for inmates with drug and/or alcohol problems. All necessary medical and health care services shall be provided. The jailing of alcoholics for public intoxication is prohibited. Efforts shall be made to encourage the active involvement of local Alcoholics Anonymous and other similar groups in the delivery of services to inmates and reasonable accommodations made for their use. Alcoholism rehabilitation and drug awareness programs may be established through a local agency or other qualified person.
21.6. Religion. Inmates shall be provided opportunities to participate in religious services and counseling on a voluntary basis.
21.7. Leisure time activities. The jail facility shall provide opportunities for inmates to participate in leisure time activities outside their cell or room on a daily basis. Each inmate shall be permitted at least one hour of leisure time activity each day outside their cell or room. Leisure time activities may include radio, television, movies, crafts, cards, puzzles, checkers, chess or space for indoor exercise.
21.8. Outdoor exercise. The jail facility shall provide each inmate with at least one hour of outdoor exercise per day in an outdoor area with adequate space for the exercise of large muscle groups. The outdoor exercise area shall be constructed to ensure privacy from and safety for the general public.
21.9. Records. The hours and place of recreation for each inmate shall be recorded daily.
21.10. Work Release. The jail facility shall establish a program for the implementation of a work release program pursuant to West Virginia Code '62-11A-1 and '62-11A-2. All inmates shall be notified of their right to apply for the program; appropriate applications and assistance in their completion shall be provided to inmates upon admission to the jail facility.
21.11. GED Program. The jail facility shall arrange for a G.E.D. program for inmates who desire to participate.
21.12. Vocational programs. Inmates shall have access to vocational counseling, pre-vocational career assessment, adult basic education, and vocational training.
21.13. Labor in jail facility. Inmates over the age of sixteen years may consent to perform labor within the jail facility, for county government. The jail facility shall develop a written resident work plan for work in the jail facility, the county government or a community service agency.
21.14. Good time. Good time policy will be coordinated with the vocational, education and work programs.
21.15. Library services. Library services shall be available to inmates and shall include at least the following types of materials: materials responsive to the interests and educational needs of inmates; information services to locate facts needed; programs for individuals or group information and enjoyment, such as books, discussion groups, music, creative writing, speakers and a distinct library setting. Library resources may be supplemented by the entire collection of local, regional and state libraries, law libraries and inter-library loan services. When appropriate, provisions shall be made for accommodation of inmates with visual and auditory deficits.
21.16. Staff. The jail facility shall assign a staff member to coordinate and supervise the library and its services. The number of staff required for this function may vary dependent upon the number of inmates involved in the program.
21.17. Pre-trial intervention program. When a pre-trial intervention program, diversion program, pre-trial release program or paroles program is conducted in the jail facility, sufficient staff, space and equipment shall be provided to meet the needs of the particular program.
W. Va. Code R. § 95-1-22 Release Preparation
22.1. Release preparation. A program of release preparation to prepare inmates for release from the jail facility shall be available to all inmates.
22.2. Work and educational programs. Inmate participation in work or educational release programs shall be allowed in accordance with the West Virginia Code and applicable rules.
22.3. Separation from the general population. Inmates who are participating in work or educational release programs shall be separated from inmates in the general population.
W. Va. Code R. § 95-1-23 Citizen Involvement and Volunteers
23.1. Citizen involvement. The involvement of citizens in the delivery of inmate programs may be permitted.
23.2. Volunteer coordination. A jail facility staff member shall be responsible for the coordination of the volunteer services program.
23.3. Lines of authority. Lines of authority, responsibility, and accountability for the volunteer services program shall be developed and communicated to jail facility staff and volunteers by the jail facility administrator.
23.4. Selection, screening and orientation of volunteers. The volunteer service program shall include procedures for the selection, screening and orientation of volunteers to the unique area of service to an inmate population. Recruitment from all cultural and socioeconomic segments of the community shall be encouraged.
23.5. Identification. A system which provides for the easy identification of volunteers while they are within the jail facility shall be provided.
23.6. Written contract. Each volunteer shall sign a written agreement to abide by all applicable facility policies, with specific reference to policies related to jail facility security and confidentiality of inmate information.
23.7. Professional services. Volunteers shall perform professional services only when properly licensed.
23.8. Level of involvement. The curtailment, postponement or discontinuation of the services of an individual volunteer or a volunteer group shall be within the discretion of the jail facility administrator.
W. Va. Code R. § 95-1-24 Glossary
24.1. Audit. An audit is the examination of jail facility records or accounts to check their accuracy; an audit is conducted by a person not directly involved in the creation or maintenance of the records or accounts. An independent audit will result in an opinion which will either affirm or disaffirm the accuracy of records or accounts. An operational or internal audit usually results in a report to management within the agency which is not shared with persons outside the agency.
24.2. Administrative segregation. Administrative segregation is a form of separation of an inmate from the general population and is authorized by the classification committee or other authorized group when the continued presence of an inmate in the general population poses a serious threat to life, property, the inmate, staff or other inmates, or the security or orderly management of the jail facility. Inmates may be placed in administrative segregation pending investigation or trial for a criminal act or pending transfer. Cross reference, protective custody and segregation.
24.3. Booking. As a police administrative action, booking is the official recording of an arrest and the identification of the person, the time, the arresting authority and the reason for the arrest of a person. As a jail facility procedure, booking is the procedure for the admission of a person to the jail facility; it includes a physical search of the person and his or her possessions, the taking of fingerprints and photographs, the conduct of interviews for medical history and personal history, the inventory and storage of personal belongings, and the assignment of the person to a housing area.
24.4. Chemical agent. An active substance, such as tear gas or pepper gas, used to deter behavior which may cause personal injury or property damage.
24.5. Classification. A process by which the security needs and requirements, appropriate housing assignment, and program needs for incarcerated persons is determined.
24.6. Contraband. Any item in the possession of an inmate or found within the boundaries of a jail facility which is declared illegal by law or not specifically approved for possession by an inmate by those legally charged with the administration of a jail facility.
24.7. Disciplinary hearing. A nonjudicial, administrative procedure to determine if substantial evidence exists to find an inmate guilty of a violation of a jail facility rule.
24.8. Disciplinary detention. A form of separation from the general population during which an inmate who has committed a violation of a rule is confined by the disciplinary hearing officer or other authorized body for a short period of time to an individual cell. Placement in detention may occur only after a finding of a rule violation at an impartial hearing. Cross reference, protective custody and segregation.
24.9. Educational release. A custody status under which an inmate is permitted to leave a jail facility to attend school in the community and return to the jail facility after school hours.
24.10. Emergency. A significant disruption of normal jail facility procedure, policy, or activity caused by a riot, a strike, an escape, a fire, a natural disaster or other serious incident.
24.11. Facility Administrator. Any official, regardless of local title (e.g., sheriff, chief of police, jail administrator, warden, superintendent) who has the ultimate responsibility for managing and operating the local detention facility.
24.12. Grievance. A written complaint filed by an inmate with the facility administrator concerning personal health and welfare or the operations and services of the facility.
24.13 Holidays. All days legally designated as non-workdays by statute or by the chief governing authority of a jurisdiction.
24.14. Inmate. A person, whether charged with an offense or convicted of an offense, who is confined in a jail facility by order of a court of competent jurisdiction.
24.15. Inmate records. Information concerning the individual's personal, criminal and medical history, behavior and activities while in custody, including commitment papers, court orders, personal property receipts, visitors lists, photographs, fingerprints, notations of disciplinary infractions and actions, grievances, and miscellaneous notes, writings or documents.
24.16. Jail facility. A confinement facility which holds persons detained pending trial and/or persons sentenced to terms of incarceration upon conviction for violations of criminal codes.
24.17. Protective custody. A form of separation from the general population for inmates who request or require protection from other inmates for reasons of health or safety. Cross reference, administrative segregation and disciplinary detention.
24.18. Segregation. The confinement of an inmate to an individual cell or sleeping room that separates that inmate from the general population of the jail facility. Cross reference, administrative segregation, disciplinary detention, and protective custody.
95CSR1
Series 01 WV Minimum Standards For Construction, Operation, And Maintenance Of Prisons
W. Va. Code R. § 95-1-1 General
1.1. Scope. This legislative rule establishes minimum standards and procedures for jail facilities in West Virginia. The standards as developed for construction, operation and maintenance of jail facilities only apply to jail facilities completed after April 5, 1988, but shall serve as guidelines for any jail facility in operation before that date.
1.2. Authority. W. Va. Code '31-20-9.
1.3. Filing date. March 27, 1996.
1.4. Effective date. June 3, 1996.
1.5. Repeal of former rule. This legislative rule repeals and replaces 95CSR1 "West Virginia Minimum Standards for Construction, Operation, and Maintenance of Jails" which was filed on March 28, 1995 and which became effective on March 28, 1995.
W. Va. Code R. § 95-1-2 Administration, Organization, And Management
2.1. Philosophy, goals and policies. A written statement shall be prepared by the authority having jurisdiction that describes the philosophy, goals and policies of the facilities under its control, and which is reviewed annually and updated as necessary. This statement shall be made available to staff, inmates and the general public.
2.2. Jail Administrator. The jail facility shall be managed by a single administrator to whom all employees or units of management are responsible.
2.3. Appointment. The jail facility administrator shall be appointed by the chief executive officer or governing board of the authority having jurisdiction.
2.4. Qualifications. The educational, operational and administrative qualifications of the jail facility administrator shall be stated in writing and include, at a minimum, a bachelor's degree and/or three years of experience and training at the supervisory level.
2.5. Term. The term of the jail facility administrator shall be continuous, except for assignment to a position of equal responsibility, and may be terminated by the appointing authority only for good cause, and if requested, subsequent to a formal and open hearing on specific charges.
2.6. Outside agencies. There shall be policy which is reviewed annually which specifies the roles and functions of employees of other agencies which provide a service to the jail facility.
2.7. Organization subunits. There shall be a written plan with an organization chart which describes the facility's organization structure and which groups similar functions, services and activities into administrative subunits. This plan shall be reviewed at least annually and updated as needed.
2.8. Operations manual. There shall be a written operations manual that delineates the procedures for operating and maintaining the jail facility. The operations manual shall be made available to employees, reviewed annually and updated as needed.
2.9. Legal assistance. Legal assistance shall be available to the administrator and other staff as needed in the performance of their duties.
2.10. Authority to release. When the facility is designated to operate any type of pretrial intervention service or other release program, its authority and responsibility is stated by statute or administrative regulation.
W. Va. Code R. § 95-1-3 Fiscal Management
3.1. Budgetary system. The budgetary system shall link operations and activities to the cost necessary for their support.
3.2. Fiscal system. The fiscal system shall account for all income and expenditures on an ongoing basis.
3.3. Accounting procedures. The methods used for collection, safeguarding and disbursement of monies shall comply with accounting procedures established by the appropriate jurisdiction.
3.4. Minimum policies. The jail facility shall have written policies and procedures approved by the parent agency that includes, at a minimum:
a. Internal controls;
b. Petty Cash procedures;
c. Bonding for all appropriate staff;
d. Signature control on checks;
e. Handling of inmate funds;
f. Employee expense reimbursement; and, g. Issuance or use of vouchers.
3.5. Audit. The jail facility or its parent agency's fiscal process shall include an external financial audit of the jail facility at time periods stipulated by applicable statutes and/or rules.
3.6. Inventory. There shall be inventory control of property, stores and other assets. The inventories shall be conducted at time periods stipulated by applicable statutes, however, they should not exceed every two (2) years.
3.7. Insurance coverage. Each jail facility shall maintain insurance coverage which includes, at a minimum: Worker's compensation, civil liability, liability for official vehicles, and a public employee blanket bond.
3.8. Personnel assessment. Budget policy and procedure shall provide for an annual assessment of presently assigned positions and future personnel needs required to meet jail facility objectives.
W. Va. Code R. § 95-1-4 Personnel
4.1. Selection, retention, and promotion. The selection, retention, and promotion of all personnel shall be on the basis of merit and specified qualifications.
4.2. Psychological testing. All jail facility personnel who have direct contact with inmates shall undergo psychological testing prior to their employment and when a justifiable need exists during their employment, to determine their suitability for appointment and retention. The testing shall include, but not necessarily be limited to, measurements of basic attitudes and tendencies toward honesty and against unprovoked acts of personal violence and shall be administered, scored and interpreted by, or under the supervision of, a licensed psychologist.
4.3. Affirmative action. Each jail facility shall maintain a program of affirmative action and equal employment opportunities.
4.4. Criminal record check. In accordance with state and federal statutes, a criminal records check and complete background investigation shall be conducted on all new employees to ascertain whether there are criminal convictions or other information in the applicant's background which have a specific relationship to job performance and their ability to perform.
4.5. Physical examination. A physical examination of all employees by a physician at the time of employment is required. The examination may not be used in violation of the requirements of federal legislation related to employment of disabled persons. Provision shall exist for reexamination of applicants or employees when indicated.
4.6. Probationary employees. There shall be a procedure governing probationary employment. New or promoted employees are appointed initially for a probationary period of one year. After successful completion of the initial probationary period, employees shall be granted permanent status.
4.7. Job classification. A job classification or post audit system shall exist which is linked to the salary and benefit compensation plan.
4.8. Personnel policy manual. There shall be a personnel policy manual. A copy of this manual shall be available to each employee for examination and review during employee orientations. A signed statement shall be obtained from each employee, to be kept in their personnel files, certifying their understanding of the manual and its contents. The manual shall include, at a minimum, the following areas:
a. Organization structure;
b. Recruitment and selection procedures;
c. Equal employment opportunity provisions;
d. Job qualifications, descriptions and responsibilities;
e. Job classification plan;
f. Wage and benefit plan;
g. Holidays, leave and work hours;
h. Policies and procedures related to personnel records;
i. Performance evaluation procedures;
j. Promotion, retirement, resignation, layoff and termination procedures;
k. Employee/management relations;
l. Physical fitness policy;
m. Disciplinary procedures;
n. Grievance and appeal procedures; and, o. Insurance and professional liability provisions.
4.9. Conflict of interest. Employees shall not use their official position to secure privileges for themselves or others or engage in activities that constitute a conflict of interest.
4.10. Disciplinary investigations. A staff person charged with alleged maltreatment of an inmate shall not work directly with any inmate until and investigation is completed.
4.11. Disciplinary actions. Disciplinary actions against employees shall be consistent with Division of Personnel policies and in accordance with chapter twenty-nine of the code; disciplinary actions shall be subject to the policies and procedures of the Education and State Employees Grievance Board created by W. Va. Code '29-6a-5.
4.12. Annual evaluation. A written performance evaluation of all employees, based on defined criteria related to job performance shall be provided at least annually. The evaluation criteria shall bear a direct relationship to the skills, knowledge areas, aptitudes and personal characteristics defined in the job description. Employees shall review and discuss the performance evaluation with the person who completes it. If an employee disagrees with the evaluation, they shall have an opportunity to express their opinions in writing; their statements shall be included in their personnel file.
4.13. Transfer, assignment and selection. Procedures shall provide for the transfer, assignment and selection of employees on the basis of facility need and the ability of the employee to perform the job.
4.14. Emergency Medical Technician. There shall be at least one medically trained employee of at least emergency medical technician licensure, available at all times on each shift. (See section 14.13 of this rule also)
4.15. Provisional appointments. Resources shall provide for provisional appointments and/or reserve correctional officers to ensure the availability of trained personnel for short-term, full-time or part-time work in special or emergency situations.
4.16. Personnel records. The jail facility administrator or the parent agency shall maintain a current, accurate and confidential personnel record for each employee.
4.17. Record confidentiality. Written policy and procedure shall provide for the confidentiality of the personnel record and restrict its availability to the employee who is the subject of the record, to administrators and supervisors directly responsible for the employee, and to other personnel who need the information for the performance of their duties.
4.18. Record correction. Provisions shall be available to any employee to challenge information in their personnel files and shall include a process for correction or removal of inaccuracies.
W. Va. Code R. § 95-1-5 Training And Staff Development
5.1. Program supervision. The training program of each jail facility for all employees shall be specifically planned, coordinated, and supervised by a qualified employee at a supervisory level; in jail facilities of over one hundred (100) employees, this person shall be employed full time for this purpose.
5.2. Supervisory training. The individual coordinating the training and staff development program shall receive specialized training for that position.
5.3. Training curriculum. A training curriculum shall be developed, evaluated, and updated based on an annual assessment that identifies current job-related training needs. The Regional Jail and Correctional Facility Authority is the approving agency.
5.4. Trainer certification. Any individual providing pre-service, in-service, or basic training for correctional staff shall be certified as a correctional trainer by the Regional Jail and Correctional Facility Authority.
5.5. Outside resources. The training and staff development program shall use the resources of other public and private agencies, private industry, colleges, libraries and reference services to complement the program.
5.6. Budget. The budget shall include funds for compensating staff for additional time spent in training, or for replacement personnel required when regular personnel are off duty for training purposes.
5.7. New clerical/support employees. All new clerical/support employees who have minimal inmate contact shall receive at least forty (40) hours of orientation and approved training during their first year of employment. Twenty-four (24) of these hours shall be completed prior to being independently assigned to a particular job. All persons in this category shall be given at least an additional eight (8) hours of training during each subsequent year of employment. The Regional Jail and Correctional Facility Authority is the approving agency.
5.8. New clerical/support employees. All new clerical/support employees who have regular daily inmate contact shall receive at least forty (40) hours of orientation and approved training during their first year of employment. Twenty-four (24) of these hours shall be completed prior to being independently assigned to a particular job. They shall be given at least an additional sixteen (16) hours of training each subsequent year of employment. The Regional Jail and Correctional Facility Authority is the approving agency. At a minimum, this training shall cover the following areas:
a. Security procedures and regulations;
b. Rights and responsibilities of inmates;
c. All emergency procedures;
d. Interpersonal relations;
e. Communication skills; and, f. First aid.
5.9. New correctional officers. All new correctional officer personnel shall receive at least one hundred twenty (120) hours of approved orientation and training during their first year of employment. The Regional Jail and Correctional Facility Authority is the approving agency. Forty (40) of these hours shall be completed prior to being independently assigned to a particular post. All persons in this category shall be given an additional forty (40) hours of training each year thereafter. At a minimum, this training shall cover the following areas:
a. Security and search procedures;
b. Use of force regulations and tactics;
c. Supervision of inmates;
d. Report writing;
e. Inmate and staff rules and regulations;
f. Rights and responsibilities of inmates;
g. All emergency procedures;
h. Interpersonal relationships;
i. Social/cultural life style of the inmate population;
j. Communication skills; and, k. First aid.
5.10. Administrative and managerial staff. The jail facility's administrative and managerial staff shall receive at least forty (40) hours of orientation if they are new to the jail facility and at least eight (8) hours of management training each year thereafter. This training shall cover, at a minimum, the following:
a. General management and related subjects;
b. Decision making processes;
c. Labor law, employee/management relations;
d. The interaction of elements of the criminal justice system; and, e. Relationships with other service agencies.
5.11. Emergency Response Unit. When there is an emergency response unit, all officers assigned to that unit shall receive forty (40) hours of training relative to the unit's purpose and function prior to their assignment.
5.12. Weaponry and chemical agents. All personnel authorized to use firearms or chemical agents shall be trained in weaponry and the use of chemical agents on a continuing, in-service basis, and are required to qualify annually.
5.13. Security personnel. All security personnel shall be trained in approved methods of self-defense and the use of force, including passive restraint, to control inmates.
5.14. Continuing education. The jail facility administration shall encourage employees to continue their education and provide reimbursement to employees attending professional meetings, seminars and similar work-related activities as approved by the administrator.
W. Va. Code R. § 95-1-6 Management Information and Research
6.1. System of information. The facility shall contribute to, have access to, and use an organized system of information storage and retrieval relative to both inmate and operational needs.
6.2. Security. Policies and procedures shall govern the security of the information and data collection system, including certification, access to data, and protection of the privacy of all inmates under the jurisdiction of the agency.
6.3. Collaboration. The facility, or its parent agency, shall collaborate with criminal justice and service agencies in information gathering, exchanges and standardization.
6.4. Inmate population accounting. There shall be an inmate population accounting system which includes records on the admission, processing and release of inmates.
6.5. Annual evaluation. There shall be at least annual evaluations of jail facility programs and services to determine progress toward achieving previously identified objectives.
6.6. Research. Written policy and procedure governing the conduct of research shall comply with state and federal guidelines for the use and dissemination of research findings and with accepted professional scientific ethics.
6.7. Inmate participation. Written policy and procedure shall govern voluntary inmate participation in non-medical, non-pharmaceutical and non-cosmetic research.
W. Va. Code R. § 95-1-7 Inmate Records
7.1. Booking. Inmate booking information shall be recorded for every person admitted to the facility and include at least the following data, unless prohibited by law:
a. Fingerprints;
b. Photograph;
c. Booking number;
d. Name and aliases of person;
e. Current address (or last known address);
f. Date, duration of confinement, and copy of court order or other legal basis for commitment;
g. Name, title and signature of delivering officer and arresting officer;
h. Specific charge(s);
i. Sex;
j. Age;
k. Date of birth;
l. Place of birth;
m. Race;
n. Present or last place of employment;
o. Health status, including any current medical or mental health needs;
p. Emergency contact (name, relationship, address and phone number);
q. Telephone calls made by the inmate at time of admission;
r. Driver's license and social security numbers;
s. Notation of case and all property; and t. Additional information concerning special custody requirements, service needs, or other identifying information such as birthmarks or tattoos.
7.2. Case record management. Case record management shall include, but is not limited to, the establishment, utilization, content, privacy, security and preservation of records, and a schedule for the retirement or destruction of inactive case records. These procedures shall be reviewed annually.
7.3. Custody records. The facility shall maintain custody records on all inmates committed or assigned to the facility, that contain, but are not limited to, the following:
7.4. Format. The contents of inmate records shall be identified and separated according to an established format.
7.5. Case records. A current and accurate classification or case record shall be maintained for each inmate committed to or housed in the facility. Procedures shall be established to safeguard legally privileged or confidential information. The records shall contain, at a minimum, the following:
a. Classification and reclassification decisions;
b. Reports of disciplinary actions, grievances, incidents and crimes committed while in custody;
c. Medical and mental health information relevant to the classification; and, d. Information on work or study release when applicable.
7.6. Identification system. The jail facility shall maintain a system which identifies all inmates in custody and their actual physical location.
7.7. Access to records. Those persons within the jail facility and other authorized persons who have direct access to inmate classification or case records shall be defined.
7.8. Release of information. The administration shall use a consent form which complies with applicable federal and state regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information, as required by statute or regulation, and a copy of the form shall be maintained in the inmate's case record.
W. Va. Code R. § 95-1-8 Physical Plant
8.1. General. All new jail facilities shall be designed, constructed, maintained and operated in accordance with the rules promulgated by the State Fire Commission in State Fire Code 87CSR1. All existing jail facilities must comply with the provisions of State Fire Code 87CSR1.
8.2. Safety of occupants. Because the safety of all occupants in all detention and correctional facilities cannot be adequately assured solely by a dependence upon evacuation from the building, their protection from fire shall be provided by appropriate arrangement of facilities, an adequately trained staff, and careful development of operating, security, and maintenance procedures to include the following:
a. Proper design, construction and compartmentalization;
b. Provisions for fire detection, alarms and extinguishment;
c. Fire prevention programs which include planning, training, and drills covering such protective activities as: Isolation of the fire; transfer of occupants to areas of refuge; and evacuation of the facility or measures for in-place protection of the occupants; and, d. Security provisions to the degree necessary to provide for the safety of both the occupants of the facility and the general public.
8.3. State Fire Marshal review. Plans and specifications for all new jail facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
8.4. State Fire Marshal certificate. No facility shall be occupied until a certificate of occupancy is issued by the State Fire Marshal's office.
8.5. Activity areas. All activity areas shall have sufficient air circulation (at least ten (10) cubic feet of outside or filtered air per minute per occupant), lighting and sanitary facilities. These areas include multipurpose rooms, recreation areas for inmates, or work areas for staff. Temperatures shall be maintained appropriate to the summer and winter comfort zones with consideration for the activity performed.
8.6. Inmate booking and release area. The inmate booking and release area shall be located inside the security perimeter, but outside inmate living quarters, and have the following facilities:
a. Booking area;
b. Security vestibule or sally port;
c. Access to drinking water;
d. Shower facilities;
e. Secure storage for inmate's personal property;
f. Telephone facilities;
g. Private interview space(s);
h. Temporary holding rooms with sufficient fixed seating for all inmates at its rated capacity; and, i. Operable toilets and wash basins.
8.7. Double Bunking of Inmates. Double bunking of inmates is permitted to the extent that the practice does not violate federal law or standards.
8.8. Floor space. All single rooms or cells in detention facilities shall have at least seventy (70) square feet of floor space.
8.9. Environment. All rooms or cells shall have access to the following facilities and/or conditions;
a. A toilet above floor level which is available for use without staff assistance twenty-four (24) hours a day;
b. A wash basin and drinking water;
c. Hot and cold running water;
d. A bed above floor level, a desk or writing surface, a clothes hook or closet space, and appropriate seating;
e. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming areas. (In additions to existing jail facilities and in new jail facilities, the lighting shall be both inmate and centrally controlled);
f. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;
g. Temperatures appropriate to the summer and winter comfort zones;
h. Noise levels not exceeding seventy (70) decibels in daytime and forty-five (45) decibels at night; and, i. Natural lighting.
8.10. Multiple occupancy. Where used, multiple occupancy rooms shall house no more than fifty (50) inmates each. Inmates shall be screened prior to admission to determine their suitability to group living. Multiple occupancy rooms shall provide for the following:
a. Continuous observation by staff;
b. A minimum floor area of fifty (50) square feet per occupant in the sleeping area and a clear floor to ceiling height of not less than eight (8) feet;
c. Toilet and shower facilities with a minimum of one operable toilet and one shower for every eight (8) occupants;
d. One operable wash basin with hot and cold running water for every six (6) occupants;
e. Natural lighting;
f. Beds above floor level, a desk or writing surface, appropriate seating;
g. A locker for each occupant;
h. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;
i. Air circulation of at least ten (10) cubic feet of outside or recirculated air per minute per occupant;
j. Temperatures appropriate to the summer and winter comfort zones; and, k. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.
8.11. Segregation rooms. Segregation rooms shall provide living conditions which approximate those of the general inmate population. Any exceptions shall be clearly documented. Segregation housing units shall provide for the following:
a. Single occupancy rooms or cells with a floor area of at least seventy (70) square feet;
b. A bed above floor level, a desk or writing space and appropriate seating;
c. Continuous access to toilet facilities above the floor level;
d. Hot and cold running water;
e. Natural light;
f. Lighting of at least twenty (20) foot candles at desk level and in the personal grooming area;
g. Air circulation of at least ten (10) feet of outside or recirculated, filtered air per minute per occupant;
h. Temperatures appropriate to the summer and winter comfort zones; and, i. Noise levels not exceeding seventy (70) decibels during daytime hours and forty-five (45) decibels during night hours.
8.12. Communication. A room used for segregation shall permit inmates assigned to it to communicate with staff and have a door which permits observation by staff.
8.13. Continuous staff observation. When seriously ill, mentally disordered, injured or non-ambulatory inmates are held in the facility, there shall be at least one single-occupancy cell or room for them which provides for continuous staff observation.
8.14. Sleeping quarters. When both males and females are housed in the same facility, they shall be provided separate sleeping quarters which are separated visually and acoustically.
8.15. Perimeter security. The security perimeter shall be secured in a manner which provides that inmates remain within the perimeter and that access by the general public is denied without proper authorization.
8.16. Storage security. Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment and the equipment shall be located in an area which is readily accessible to authorized persons only.
8.17. Security Vestibules/Sally ports. There shall be security vestibules or sally ports between inmate areas and areas accessible to the public.
8.18. Day room. There shall be a separate day room or leisure time space for each cell block or detention room cluster, with space equivalent to a minimum of thirty-five (35) square feet per inmate.
8.19. Exercise areas. Space outside the cell or room shall be provided for inmate exercise. Indoor and outdoor exercise areas shall be secure and available to all inmates. Outdoor areas shall have adequate space and equipment to permit regular outdoor sports activities. For jail facilities with bed capacity of more than one hundred (100) inmates, this area shall be increased in proportion to the inmate population and shall provide adequate opportunity for exercise. Indoor exercise programs may be conducted in a multipurpose room or day room: Provided, that the space is available and the location is acceptable. Indoor space shall be an area in which lighting, temperature and ventilation is artificially controlled.
8.20. Kitchen. When the jail facility provides food service, the kitchen shall have a minimum of two hundred (200) square feet of floor space.
8.21. Employee space. Consistent with the size of the facility, space shall be provided for administrative, professional and clerical staff, including conference rooms, an employee lounge, a storage room for records, a public lobby and toilet facilities.
8.22. Multipurpose room. There shall be at least one multipurpose room available for inmate activities such as religious services, education programs, or visiting.
8.23. Janitor closet. A room or closet equipped with a sink shall be provided for the storage of cleaning supplies and equipment.
8.24. Storage space. Storage space shall be provided for clothing, bedding and facility supplies.
8.25. Storage of personal property. Space shall be provided for the secure storage of inmates' personal property.
8.26. Maintenance and repairs. There shall be a written plan for preventive maintenance of the physical plant with provisions for emergency repairs or replacement of equipment. This plan shall be reviewed annually and updated if needed.
8.27. Accessibility. A new jail facility shall be geographically accessible to criminal justice agencies, community agencies and inmates' lawyers, families and friends.
8.28. Layout. The jail facility shall be designed and constructed so that inmates can be separated according to existing laws and regulations, or according to the facility's classification.
8.29. Disabled inmates. Disabled inmates shall be housed in a manner which provides for their safety and security. Cells or housing units used by them shall be designed in accordance with the American National Standards Institute (ANSI) Standard A117, and provide the maximum possible integration with the general population. Appropriate institutional programs and activities shall be accessible to disabled inmates confined in the jail facility.
8.30. Disabled visitors. All parts of the facility which are accessible to the public shall be accessible to and usable by disabled persons.
W. Va. Code R. § 95-1-9 Safety and Emergency Procedures
9.1. Policies and procedures. Written policies and procedures shall be adopted which specify the jail facility's fire prevention regulations and practices. For purposes of clarification and identification these procedures and standards of fire prevention are divided into two (2) classifications:
a. General requirements applicable to all occupancies covered by the State Fire Code; and, b. Specific detention and correctional occupancies.
9.2. General requirements. The following includes the general requirements applicable to all occupancies covered by the State Fire Code.
9.2.1. Construction, repair and improvement operations. Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, ladders or other approved means or devices arranged in accordance with the general principles of the State Fire Code insofar as they can reasonably be applied to buildings under construction. Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building of normally low or ordinary hazard classification while the building is occupied only if the conditions of use and safeguards provided are such as not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.
9.2.2. Reliability of means of egress. Every required exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.
9.2.3. Furnishings and decorations. Furnishings and decorations in the means of egress are subject to the following:
a. No furnishings, decorations, or other objects shall be so placed as to obstruct exits, access thereto, egress therefrom, or visibility thereof;
b. Hangings or draperies shall not be placed over exit doors or conceal or obscure any exit. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit; and, c. There shall be no obstruction by railing, barriers, or gates that divide the open space into sections appurtenant to individual rooms, apartments, or other uses. Where the jail facility administrator having jurisdiction finds the required path of travel to be obstructed by furniture or other movable objects, he or she may require that railings or other permanent barriers be installed to protect the path of travel against encroachment.
9.2.4. Equipment maintenance and testing. Equipment maintenance and testing shall include the following:
a. Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door, and other item of equipment required by this rule shall be continuously maintained in proper operating condition;
b. Any equipment requiring testing or periodic operation to assure its maintenance shall be tested or operated as specified elsewhere in this rule or as directed by the authority having jurisdiction;
c. Systems shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and who has general charge of all alterations and additions;
d. Systems shall be tested at intervals recommended by the appropriate section of State Fire Code 87CSR1;
e. All automatic sprinkler systems required by State Fire Code 87CSR1 shall be continuously maintained in operating condition at all times, and such periodic inspections, tests and maintenance shall be conducted as is necessary to assure proper operation; and, f. Fire alarm signaling and detection equipment shall be restored to service as promptly as possible after each test or alarm and shall be kept in normal condition for operation.
9.2.5. Furnishings, decorations and treated finishes. Furnishings, decorations and treated finishes are subject to the following:
a. Draperies, curtains and other similar furnishings and decorations shall be flame resistant where required by the applicable provisions of State Fire Code 87CSR1. The materials required in this section are to be tested in accordance with Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA701 and shall comply with both the small and large-scale tests;
b. Furnishings or decorations of an explosive or highly flammable character shall not be used; and, c. Fire retardant paints or solutions shall be renewed at such intervals as necessary to maintain the necessary flame retardant properties.
9.2.6. Fire Exit Drills. Fire drills are subject to the following requirements:
a. Fire exit drills conforming to the provisions of State Fire Code 87CSR1 shall be regularly conducted in occupancies where specified by that rule;
b. Fire exit drills, where required by the authority having jurisdiction, shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine;
c. Responsibility for the planning and conduct of drills shall be assigned only to competent persons qualified to exercise leadership;
d. In the conduct of drills, emphasis shall be placed upon orderly evacuation under proper discipline rather than upon speed;
e. Drills shall include suitable procedures to make sure all persons in the building, or all persons subject to the drill, actually participate; and, f. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions prevalent in case of fire.
9.3. Detention and correctional occupancies. The following includes those requirements specifically directed to detention and correctional occupancies.
9.3.1. Attendants, evacuation plan, fire exit drills. Attendants, evacuation plan, and fire exit drills shall include the following:
a. Detention and correctional facilities, or those portions of facilities having such occupancy, must be provided with twenty-four (24) hour staffing on any floor level having residency and located within one hundred (100) feet (30.48m) of the access to any housing area. Under Use Conditions III, IV and V, as defined in State Fire Code 87CSR1 for classification of correctional occupancies, audio monitoring shall be provided for every sleeping space;
b. The jail facility administrator of every detention and correctional facility shall have in effect and provide to all supervisory personnel, written copies of a plan for protection of all persons in the area in event of fire and for their evacuation to areas of refuge and from the building where necessary. All employees shall be periodically instructed and kept informed of their duties under the plan;
c. Books, clothing and other combustible personal property allowed in sleeping rooms shall be stored in closeable metal lockers or fire resistant containers; and, d. The number of heat producing appliances (such as toasters, hot plates, etc.) and the overall use of electrical power within a sleeping room will be controlled by the jail facility administration.
9.3.2. Furnishings and decorations. Furnishings and decorations are subject to the following requirements:
a. Furnishings and decorations in detention and correctional occupancies shall be in accordance with State Fire Code 87CSR1;
b. Combustible decorations are prohibited in any detention or correctional occupancy unless flame retardant;
c. Wastebaskets and other waste containers shall be of noncombustible or other approved materials;
d. Furnishings, such as mattresses and upholstered or cushioned furniture shall not be of a highly flammable character; and, e. Window draperies, curtains for decoration or acoustical purposes and privacy curtains shall be non-combustible or rendered and maintained flame resistant as per Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA701.
9.3.3. Keys. All keys necessary for unlocking doors installed in means of egress shall be individually identified by both touch and sight.
9.3.4. Storage of flammable, toxic and caustic material. Written policy and procedures shall govern the storage and use of all flammable, toxic, and caustic materials which ensure that inmates are never in possession of items such as lye, insecticide, anti-freeze and denatured alcohol, unless they are under constant supervision by qualified personnel. Such material shall be stored in secure areas which are inaccessible to inmates; a prescribed system shall be used to account for their distribution.
9.3.5. Fire and safety officer. A staff member with appropriate training shall be appointed as Fire and Safety Officer. This officer is responsible for monthly inspection of the facility, development of Standing and Emergency Operating Procedures relating to fire safety and for staff training in fire safety.
9.3.6. Inspection. Each facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
W. Va. Code R. § 95-1-10 Sanitation and Hygiene
10.1. Responsibility. Jail facility authorities shall maintain the facility in a condition that is clean, healthful and sanitary and which conforms to all applicable health laws and rules. The use and possession of tobacco, tobacco products and tobacco-like products shall be prohibited in all jail facilities and all facilities jointly operated by the Regional Jail & Correctional Facility Authority and the Division of Corrections.
10.2. Maintenance. Jail facility authorities shall develop and implement a plan for the maintenance of all areas of the jail facility at an acceptable level of cleanliness and sanitation. The plan shall provide for a regular schedule of housekeeping tasks and inspections which shall include, but not be limited to, the following:
a. The daily cleaning of toilets, sinks and showers;
b. The daily cleaning of floors;
c. The emptying and cleaning of receptacles provided for refuse each day and provision for adequate trash removal;
d. The scrubbing and rinsing of each living unit, washing of windows, cleaning of janitors' closets, and dusting of bars, screens and ledges on a regular basis;
e. The contracting of extermination services to be performed with sufficient frequency and thoroughness to keep the jail facility free from insects and vermin. Services shall include, at a minimum, monthly inspections by a qualified person; and, f. The cleaning and sanitary maintenance of all kitchen areas and all kitchen equipment.
10.3. Inspections. There shall be regular sanitation inspections of all jail facility areas by a designated staff member; at least annual inspections by federal, state and/or local sanitation and health officials, or other qualified person(s); and, compliance with all applicable laws and rules of the governing jurisdiction.
10.4. Water supply. The water supply and plumbing fixtures shall meet all applicable codes and be maintained in operable and sanitary condition. Water samples from both drinking and waste water shall be tested periodically to ensure that the jail facility's water meets all applicable laws. The facility shall provide hot and cold running water.
10.5. Cleaning equipment. Inmates shall be provided sufficient cleaning equipment to maintain their cells in a clean condition.
10.6. Floors. Jail facility floors shall be kept clean, dry, and free of hazardous substances. Floors shall be inspected regularly throughout the day for cleanliness. Particular attention should be given to potentially hazardous areas, such as showers, kitchens, detoxification rooms, boiler and furnace rooms.
10.7. Personal hygiene items. The jail facility shall provide each inmate, as part of the admission process, and thereafter as necessary, an adequate supply of soap, toothpaste, toilet paper, toothbrushes, combs, and feminine hygiene supplies. Timely access to shaving equipment shall also be provided.
10.8. Facility clothing. Clean, suitable, and presentable clothing shall be available to all inmates at all times. It is essential that inmates be provided clothing that is properly fitted, climatically suitable, durable, economical, easily laundered and repaired, and presentable to the extent that they do not provide such clothing themselves. Outer wear shall be available for recreation and work assignments.
10.9. Special clothing. Inmates shall be issued special, and where appropriate, protective clothing and equipment when participating in special work assignments. The clothing shall be available in quantities which permit exchange as frequently as the work assignment requires.
10.10. Bedding. Each inmate shall be provided with one clean, fire retardant mattress, two (2) clean sheets, a clean pillow and clean pillow case. Worn bedding and linen which are unfit for further use shall not be issued. Clean blankets shall be provided in a number appropriate to the season.
10.11. Towels. Each inmate shall be provided a clean towel and washcloth at least three (3) times a week.
10.12. Laundry of bedding. Laundry services shall be sufficient to permit the regular exchange of sheets and pillowcases at least weekly. Mattresses shall be cleaned or replaced as appropriate.
10.13. Laundry of clothing. Clean undergarments shall be provided daily and outer garments every other day, or as appropriate.
10.14. Recording. The issuance of all clothing and bedding shall be recorded to provide accountability for their use. Inmate accountability for clothing and bedding shall be specified in the Handbook of Inmate Rules and Conduct.
10.15. Supply. The clothing, linen, and bedding supply shall exceed that required for the maximum inmate population. This excess will allow for the replacement of items that are lost, destroyed or worn out.
10.16. Cleaning and storage of personal clothing. There shall be provision for cleaning and storage of inmate personal clothing. Prior to storage, inmate clothing shall be cleaned and/or disinfected to prevent the accumulation of odors and vermin.
10.17. Court appearance. Whenever the court so directs, inmates shall be permitted to wear personal clothing during court appearances.
10.18. Removal of linen and bedding. Linen and bedding shall be removed from an inmate's bed only under extreme circumstances such as to protect the inmate from self-injury. An action to remove linen or bedding shall be reviewed daily by the supervisor and the deprivation ended as soon as practical. A record shall be kept of all such actions taken.
10.19. Showers. There shall be sufficient facilities in the housing areas to permit inmates to shower or bathe upon admission to the facility and daily thereafter.
10.20. Water temperatures. Water temperatures for showers or bathing shall be thermostatically controlled to ensure the safety of inmates.
10.21. Access to water. Inmates shall have continuous access to a washstand with running hot and cold water.
10.22. Hair care. Hair care services and facilities shall be available to inmates. Hair shall be cut under sanitary conditions. The area used for hair care shall be located to permit observation by staff. Equipment shall be stored securely when not in use.
W. Va. Code R. § 95-1-11 Security and Control
11.1. Manual. Written policies and procedures for security and control, including procedures for emergencies, shall be contained in a manual which is available to all staff and is reviewed annually and updated as needed.
11.2. Control center. The jail facility shall maintain a control center.
11.3. Communication system. The jail facility shall have a communication system between the control center and the inmate living areas.
11.4. Alarm system. The jail facility shall have an emergency alarm system that is linked to the control center; signal devices shall be located throughout the facility.
11.5. Secure perimeter. All security perimeter entrances, control center doors and cell block doors which open into a corridor shall be kept locked except when in use for admission or exit of employees, inmates or visitors or during emergency conditions.
11.6. Electronic surveillance. When audio or visual electronic surveillance is used, it shall be located primarily in hallways, elevators, corridors or at points on the security perimeter, such as entrances and exits.
11.7. Immediate assistance. No staff member shall enter a high security cell block without the availability of immediate assistance from another staff member.
11.8. Inmate movement. Jail facility staff shall regulate inmate movement.
11.9. Personal interaction. Written policies and procedures shall facilitate personal contact and interaction between staff and inmates. Supervision of inmates shall be conducted by staff of the same sex whenever procedures require physical contact, examination or monitoring of personal hygiene activities.
11.10. Staffing. The jail facility shall have the staff needed to provide full coverage of designated security posts, full surveillance of inmates, and to perform all ancillary functions.
11.11. Emergency response. Correctional officers shall be located in or immediately adjacent to inmate living areas to permit officers to hear and respond promptly to emergency situations.
11.12. Observation. Written policies and procedures shall require that all high and medium security inmates shall be personally observed by a correctional officer at least every thirty (30) minutes, but on an irregular schedule. A schedule of observation at least every fifteen (15) minutes shall be required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior.
11.13. Daily record. The jail facility administration shall maintain a written daily record of the following:
a. Personnel on duty;
b. Inmate population count;
c. Admissions and release of inmates;
d. Shift activities;
e. Entry and exit of physicians, attorneys and other visitors; and, f. Unusual occurrences.
11.14. Daily inspections. Designated staff shall visit and inspect every area of the facility daily, including holidays and weekends, and report their findings in writing to designated officials with recommendations for action or with notations of action taken.
11.15. Weekly inspections. The jail facility administrator or his or her designee shall inspect all security facilities and devices at least weekly and initiate corrective action if needed.
11.16. Searches. Written policies and procedures shall provide for searches of facilities and inmates to control contraband and provide for its disposition and to develop recommendations for corrective action. Procedures shall provide that:
a. Manual or instrument inspection of inmate body cavities is conducted only when there is reason to do so and when authorized by the jail facility administrator or his or her designee;
b. Visual inspections are conducted only when there is a reasonable belief that the inmate is carrying contraband or other prohibited material;
c. Strip searches are done without specific authorization only upon entry to the facility and at all other times are based on articulated suspicion; and, d. All such inspections are conducted in privacy and manual or instrumental inspection of body cavities is done by medically trained personnel or correctional personnel trained by health care personnel.
11.17. Preservation of evidence. The procedures governing searches shall require the preservation of evidence when a new crime is suspected. Searches shall be authorized only by the administrator or his or her designee.
11.18. Search policy published. The jail facility's policy regarding searches for the control of contraband shall be published, made available to both staff and inmates, reviewed at least annually and updated if necessary.
11.19. Control of security equipment. Written policies and procedures shall govern the availability, control and use of firearms, ammunition, chemical agents, "stun guns", and related security devices, and require that sufficient security equipment is available to meet the jail facility's needs.
11.20. Storage of security equipment. The procedures shall provide that security equipment is stored in a secure but readily accessible depository located outside inmate housing and activity areas, and is inventoried at least monthly to determine condition and expiration dates, if any there be.
11.21. Use of weapons. Written policies and procedures shall be established regarding the use of weapons, and shall include federal and state requirements, weapons security, weapons instructions and inspections, use of deadly force, and other appropriate actions to be taken regarding life threatening situations. The policies and procedures shall include the following requirements:
a. Weapons are subject to stringent safety regulations and inspections;
b. The secure weapons locker is located outside the security perimeter of the facility;
c. Only during emergency situations are firearms and weapons, such as nightsticks or gas guns, permitted in areas to which inmates have access. At all other times, such weapons are maintained in areas to which inmates do not have access;
d. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee has reason to believe that a person's life is immediately threatened; and, e. Employees on duty only use firearms or other security equipment which have been issued through the jail facility and only when directed by or authorized by the jail facility administrator or his or her designee.
11.22. Written record. Each jail facility shall maintain a written record of both routine and emergency distribution of security equipment.
11.23. Written reports. Any employee who discharges a firearm, uses chemical agents or any other weapons, or uses force to control any inmate shall submit a written report to the jail facility administrator or his or her designee no later than the conclusion of his or her tour of duty.
11.24. Injuries. All persons injured in an incident shall receive an immediate medical examination and treatment, if required.
11.25. Incident reports. Written policies and procedures shall require prompt oral and written reporting of all incidents that result in physical harm to, or which threaten the safety of, any person in the facility, or which threaten the security of the facility.
11.26. Keys. Written policies and procedures shall govern the control and use of keys.
11.27. Tools. Written policies and procedures shall govern the control and use of tools, culinary and medical equipment.
11.28. Correctional/Security posts. There shall be written orders for every correctional/security post which are reviewed annually and updated if necessary.
11.29. Post orders. Procedures shall require that personnel read, sign and date the appropriate post orders each time they assume a new post.
11.30. Escapes. Procedures regarding escapes shall be available to all personnel, and shall be reviewed at least annually and updated if necessary.
11.31. Riots and other disturbances. There shall be plans that specify procedures to be followed in situations including, but not limited to, riots, hunger strikes, disturbances and the taking of a hostage. These plans shall be made available to applicable personnel, and reviewed and updated at least annually.
11.32. Mass arrests. There shall be procedures to be followed in the event of a mass arrest which results in the admission of inmates in excess of the maximum capacity of the jail facility.
11.33. Work stoppage. There shall be a written plan that provides for continuing jail facility operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, who are required to familiarize themselves with it.
11.34. Physical force. Written policies and procedures shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property and prevention of escapes, and only when it is necessary to control inmates and in accordance with appropriate statutory authority. In no event is physical force justifiable as punishment. Any employee who uses physical force shall prepare a written report of the incident and submit it to the jail facility administrator.
11.35. Mechanical restraints. Instruments of restraint shall be used only as a precaution against escape, during transfer or transport, for medical reasons by direction of the medical officer, and as a preventive measure against inmate self-injury, injury to others or property damage when there is approval from the facility administrator or his or her designee. They shall be applied for only the length of time necessary to regain control of the inmate.
11.36. Inmate authority. No inmate or group of inmates shall be given control or authority over other inmates.
11.37. Shift reports. Correctional staff members shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
11.38. Weekly inspection. The jail facility administrator or his or her designee, the chief correctional officer, and other department heads shall inspect the facility's living and activity areas at least weekly.
11.39. Transportation of inmates. When transportation is the responsibility of facility staff, written policies and procedures shall govern the transportation of inmates outside the facility.
11.40. Facility vehicles. Written policies and procedures shall govern the use and security of facility vehicles.
11.41. Personal vehicles. Written policies and procedures shall govern the use of personal vehicles for official purposes, including provision for insurance coverage.
W. Va. Code R. § 95-1-12 Special Management Inmates
12.1. Operation of segregation units. Written policies and procedures shall provide for the operation of segregation units for the supervision of inmates under administrative segregation, protective custody or disciplinary detention.
12.2. Immediate segregation. Only the facility administrator or his or her designee can order immediate segregation of an inmate and then only when it is necessary to protect the inmate or others.
12.3. Disciplinary detention. Inmates shall be placed in disciplinary detention for a rule violation only after a hearing by the appropriate committee, or hearing officer, and when no other available alternative dispositions are adequate to regulate the inmate's behavior within acceptable limits and the inmate's presence in the general population poses a serious threat to the orderly operation or security of the jail facility.
12.4. Administrative segregation. Inmates shall be placed in administrative segregation only after a hearing before the jail facility administrator or shift supervisor, classification committee, or other standing committee specifically designated for this purpose.
12.5. Administrative segregation hearing. Placement in administrative segregation should be preceded by the inmate receiving notice of intended placement, appearance at the hearing and an opportunity to present his or her case to the hearing officer(s).
12.6. Review of administrative segregation. The status of the inmate shall be reviewed at least every fifteen (15) days to determine whether the reasons for initial placement in segregation continue to exist. If the reasons do not, the inmate shall be released from segregation.
12.7. Release and appeal from administrative segregation. An inmate shall be released from administrative segregation by action of the appropriate committee with jurisdiction over the inmate's placement in this status, or an appeal to the jail facility administrator or appropriate supervisory authority.
12.8. Protective custody. An inmate shall be admitted to the segregation unit for purposes of protective custody only when there is documentation that protective custody is warranted and no reasonable alternatives are available. Protective custody shall be used only for short periods of time, except when an inmate needs long-term protection, and the facts are well documented. When an inmate consents to protective custody, his or her consent shall be fully documented with a consent form signed by the inmate. The inmate may at any time request reassignment to the general inmate population.
12.9. Review of protective custody. Inmates in protective custody shall have their status reviewed by the appropriate personnel at least every fifteen (15) days.
12.10. Appeal of protective custody. When inmates are placed in protective custody an appeal process shall be provided to the jail facility administrator or an appropriate supervisory authority.
12.11. Isolation. The responsible physician shall approve a plan guiding the use of restraints in isolation. For an inmate to be kept in isolation for more than twenty-four (24) hours, a physician or mental health professional shall determine upon evaluation that the inmate is a threat to himself or herself or others. Transfer of the inmate to a hospital or state institution may be appropriate. Isolation shall be reviewed as soon as possible by the jail facility supervisor but in no event later than six (6) hours after the initial placement in isolation. Inmates placed in isolation as a result of being out of control shall be released immediately upon their regaining self-control. An appeal process to the jail facility administrator or the appropriate supervisory authority shall be provided.
12.12. Isolation observation. A monitoring procedure shall be developed to require observation of inmates in isolation. The procedures shall include regular observations and at least an hourly recording of the behavior observed. The individual recording shall include the following information: the inmate's name; the date and hour of placement in isolation; the reason or basis for placement in isolation; the behavior exhibited while in isolation; the release time; any physical or mental problems or needs; and, any visits by health personnel.
12.13. Permanent log in segregation units. Staff members in any segregation unit shall maintain a permanent log. Admissions of all inmates to these units shall be recorded with the following information included for each inmate: the inmate's name; the inmate's number; the inmate's previous housing location; the date admitted; the type of infraction or reason for admission; the tentative release date; and, any special medical or psychiatric problems or needs. The log should be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.
12.14. Observation of potentially suicidal inmates. Inmates who are classified as potentially suicidal shall be continuously monitored which shall include a verbal exchange between the inmate and the monitoring staff. A recording of this monitoring shall be made and placed in the inmate's health record. High risk persons shall be placed on continuous observation.
12.15. Deprivation of authorized item or activity. Whenever an inmate in segregation is deprived of any usually authorized item or activity, a written report of the action shall be made and forwarded to the jail facility administrator. The report shall identify the inmate, the item or activity he or she was deprived of, and the reasons for the action. The report shall be forwarded to the chief security officer as soon as possible. If circumstances warrant the removal of all of an inmate's personal items, approval for this action shall be obtained in advance from the jail facility administrator or his or her designee. No item or activity shall be withheld longer than is necessary to ensure the inmate's safety and the well-being of the staff and other inmates. In no case shall an inmate be deprived of an item or activity for the purpose of punishment unless proper disciplinary process has been utilized.
12.16. Meals. Inmates in segregation shall receive the same meals as those served to the general population. Deprivation of food shall never be used as punishment.
12.17. Shower. Inmates in segregation shall have the opportunity to shave and shower daily. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, unless the activities present an undue security hazard.
12.18. Clothing, bedding, hair care service. The issuance and exchange of clothing, bedding and linen and laundry of those articles, barbering and hair care services shall be provided for inmates in segregation on the same basis as for inmates in the general population; exceptions to this rule are permitted only where found necessary by the senior officer on duty, and are recorded in the log required by section 12.13 of this rule and justified in writing. Inmates in segregation shall be afforded the same hygienic living conditions as the general inmate population.
12.19. Mail. Inmates in segregation shall be provided the same opportunities for the sending and receiving of letters as are available to the general inmate population. Letters shall be delivered promptly. If any item is rejected consistent with the policies and procedures for sending and receiving letters, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.
12.20. Visitation. Inmates in segregation shall be provided opportunities for visitation, unless there are substantial reasons for withholding such privileges. Every effort shall be made to notify the inmate and any approved visitors of any restrictions on visiting. This practice will avoid disappointment and unnecessary inconvenience for the visitors.
12.21. Telephone. Inmates in disciplinary detention shall be allowed limited telephone privileges, which consist of telephone calls related specifically to access to the judicial process and family emergencies as approved by the jail facility administrator or his or her designee. Inmates in administrative segregation and protective custody shall be allowed telephone privileges.
12.22. Legal materials. Inmates in segregation shall have access to both personal legal materials and to available legal reference materials. Reasonable arrangements shall be made to assist these inmates in meeting court deadlines.
12.23. Reading materials. Inmates in segregation shall have access to reading materials.
12.24. Exercise. Inmates in segregation shall be allowed the same opportunity for recreation as those in the general population unless specific temporary security restrictions are designated in writing by the jail facility administrator in advance.
12.25. Programs and services. Inmates in segregation shall be allowed to participate in facility programs to the same extent as the general inmate population, providing their participation is consistent with the safety and security of the facility and the community. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.
12.26. Visits from staff. Inmates in segregation shall receive daily visits from the chief security officer or the shift supervisor, members of the program staff upon request, or a qualified health care official three (3) times per week unless medical attention is needed more frequently.
12.27. Staffing of segregation units. Written policies and procedures shall govern selection criteria, supervision and assignment of staff who work with inmates on a regular and daily contact basis in segregation units. Procedures shall be established to supervise and evaluate the on-the-job performance of all staff members who work with inmates in segregation. Administrative procedures shall exist for promptly removing ineffective staff members from these positions. The need for reassignment shall be based on the intensity of the assignment.
W. Va. Code R. § 95-1-13 Food Service
13.1. Menu inspection. A qualified nutritionist shall inspect and approve menus in advance of adoption and make recommendations regarding diets to assure adherence to nationally recommended basic daily caloric and nutritional requirements.
13.2. Review. All menus, including special diets, shall be planned, dated, and available for review at least one month in advance; notations shall be made of any substitutions in the meals actually served. Substitutions shall be of equal nutritional value.
13.3. Temperature. Meals must be served at the appropriate temperature. There shall be at least two (2) hot meals a day.
13.4. Meal variety and nutrition. Meals must include variety and be nutritious. There shall be a rotation of at least four (4) weeks duration of planned menus prepared by a registered dietician under the direction of the food service provider.
13.5. Special diets. Special diets for medical and religious reasons shall be provided.
13.6. Management. A staff member experienced in food service management shall be responsible for food service management and operations.
13.7. Health protection. Adequate health protection shall be provided for all inmates and staff in the jail facility as well as inmates and other persons working directly in food service. All food handlers, the jail facility, and food preparation equipment shall meet all applicable health and safety standards. Inmate food handlers shall be required to receive a complete physical examination prior to job assignment.
13.8. Food service records. Records of daily menus shall be maintained; any deviations from planned menus shall be appropriately noted on the records. Records of inmates' refusal to eat shall be noted in their medical files.
13.9. Restriction. Restriction of food shall not be used as a disciplinary punishment.
13.10. Toilet and hand washing facilities. A toilet and hand washing facility shall be available to food service personnel and inmates assigned to work in the food service preparation area.
13.11. Regimentation. Meals shall be served under conditions which minimize regimentation, although supervision of group dining by staff members should be available. Meals shall not be served in cells unless it is necessary for purposes of safety and security or the inmate is under disciplinary, administrative or medical segregation. When a meal is served in a cell a small table or shelf and appropriate seating distanced from the toilet shall be provided.
13.12. Frequency. At least three (3) regular meals, at least two (2) of which are hot, shall be served at regular meal times during each twenty-four (24) hour period with no more than thirteen (13) hours between the beginning of the evening and breakfast meals.
13.13. Budgeting, purchasing and accounting. The food service operations shall use budgeting, purchasing and accounting practices that include, but are not limited to, the following systems:
a. Food expenditure cost accounting designed to determine cost per meal;
b. Estimation of food supply requirements;
c. Purchase of supplies at wholesale prices and under other favorable conditions, when possible;
d. Determination of and responsiveness to inmate eating preference; and, e. Refrigeration and storage of food with specific storage periods.
13.14. Equipment and dining area inspection. Inspection of food service and dining areas shall be subject to the following conditions:
a. Weekly general inspection of food service, dining and food preparation areas and equipment by a trained individual who shall maintain a record of such inspections;
b. Daily inspection of the sanitary condition and proper operation of temperature controlled food storage facilities for food supplies; and, c. Daily inspection of refrigerators and dish washing temperatures by food service personnel to assure that proper operating temperatures are maintained.
13.15. Documentation. Documentation shall be maintained that complies with health and safety regulations.
13.16. Utensils. All inmates shall be provided appropriate utensils and drinking cups with meals.
W. Va. Code R. § 95-1-14 Medical and Health Care Services
14.1. Right to medical care. All inmates shall have prompt access to necessary medical, dental and psychiatric care provided in a reasonable manner by licensed personnel.
14.2. Responsibility. Medical, dental and mental health decisions involving clinical judgements shall be the sole province of the responsible health care professional. The jail facility administrator shall provide administrative support for the availability of medical care to inmates and shall advise the health care professionals concerning jail facility security.
14.3. Responsible physician. A responsible physician shall be designated to approve health care policies, procedures and agreements which may include the use of emergency rooms in local hospitals. Each jail facility shall have agreements or provisions for twenty-four (24) hour coverage by an on-call physician. All physicians and dentists examining or treating inmates shall be licensed to practice in the State of West Virginia.
14.4. On site health authority. An on site health authority shall be designated and present at all times. The health authority may be a physician, physician's assistant, registered nurse, licensed practical nurse, nurse practitioner, paramedic, emergency medical technician, or a health trained staff member.
14.5. Medical autonomy and jail facility administration. Medical decisions shall be made only by the physician or his or her designee. It shall be made clear to the health authorities, that security rules which apply to non-medical jail facility staff also apply to health care staff. The jail facility administrator shall provide information and orientation concerning security rules to health care staff.
14.6. Duties and responsibilities. Appropriate state and federal licensure, certification or registration requirements and restrictions apply to personnel who provide health care services to inmates. The duties and responsibilities of medical care personnel shall be governed by written job descriptions approved by the responsible physician and the jail facility administrator. Verification of current credentials and job descriptions shall be on file in the jail facility. The provision of quality health care shall be ensured by the use of only qualified health care personnel to determine and supervise health care procedures. Written job descriptions shall include the qualifications required and the specific role in the health care delivery system of that position. Verification of qualifications may consist of copies of current certificates or licenses.
14.7. Administrative meetings and reports. There shall be meetings, at least quarterly, between the health care staff and the jail facility administrator to review and discuss health care programs in the jail facility. Notes of these meetings shall be kept by the jail facility administrator. The responsible physician shall submit quarterly reports on the health care delivery system and annual statistical reports. The report shall include topics such as the effectiveness of the health care delivery system, a description of any environmental factors which may require improvement, changes effected since the last report, and recommendations for corrective action if needed. The annual statistical report of inmate health care shall include the number and nature of sick call visits, diagnostic studies conducted, emergency services rendered, referrals to specialists, hospitalizations, special procedures performed, ambulance transports used, communicable diseases reported and deaths. The annual statistical report, along with an appraisal of the jail facility's health care system shall be submitted to the authority having jurisdiction over the jail facility by the responsible physician.
14.8. Review. Each policy, procedure and program in the health care delivery system shall be reviewed at least annually by the responsible physician and revised if necessary. Each policy or procedure document shall bear the date of the most recent review or revision and the signature of the reviewer.
14.9. Policies and procedures. The responsible physician shall write or approve pre-written health policies and procedures for the following components of jail facility health care:
14.9.1. Decision making for special problem inmates. Before inmates with diagnosed psychiatric or significant medical illnesses are given housing assignments, work assignments, disciplinary measures or transfers, the jail facility administrator and the responsible physician or their designees shall confer to consider any special precautions or preparations. A list of frequent illnesses which require special arrangements shall be developed. Special diets must be provided when requested by health personnel and approved by the responsible physician.
14.9.2. Notification of next of kin. The jail facility administrator or responsible physician shall notify the next of kin or legal guardian of the serious illness, serious injury or death of any inmate in the custody of the jail facility.
14.9.3. Post mortem examination. The jail facility administrator or responsible physician shall immediately notify the State Medical Examiner of the death of any inmate. The jail facility shall cooperate with the State Medical Examiner in the conduct of post mortem examination if found to be necessary.
14.9.4. Minimum staff training requirements. Health trained staff is defined as jail personnel who have the equivalent of EMT training and also have received information regarding the symptoms of physical and mental illnesses common to the inmate population (including depression and chemical dependency), basic management of seizures, medication administration, health record maintenance, recognition of potentially suicidal behavior, ability to respond to health related situations within four (4) minutes, first aid training, and procedures for transfer of inmates to appropriate medical facilities or health care providers. Training may be effected through a local hospital, emergency room, county health department, county medical society, Red Cross chapter, or any other program approved by the responsible physician. An appropriate training course may be completed in approximately 60-80 hours. Each shift shall include at least one person who has become health trained as described in this subsection. Ideally these persons shall be from the health care profession but may be health trained jail facility personnel.
14.9.5. Suicide prevention. There shall be a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional. All jail facility staff who are responsible for inmate supervision shall be trained in the implementation of the program. The staff shall be responsible for intake screening and identification of potentially suicidal inmates in an effort to prevent suicide.
14.9.6. Prohibited inmate assignments. Inmates shall not be assigned the following duties:
a. Performing direct patient care services;
b. Scheduling health care appointments;
c. Determining or controlling access to health care by other inmates;
d. Handling or having access to surgical instruments, syringes, needles, medications or health records; and, e. Operating medical equipment.
The restrictions of this subsection shall not be construed to preclude inmates from participation in a certified vocational training program. Inmates may be permitted to perform janitorial or cleaning services in the medical areas under the supervision of qualified staff.
14.9.7. Receiving Medical Screening. A receiving medical screening appraisal to elicit information pertinent to the inmates' health shall be performed on every inmate at the time of admission. The screening shall be recorded on a form which has been approved by the responsible physician. Screening is a means to discover and prevent health and safety threats to both inmates and staff. The goal of receiving screening shall be to detect any communicable diseases, chemical dependence, potential for suicide, or other medical or psychiatric problems before the inmate is placed within the jail population. When the inmate has been transferred from another facility and is accompanied by a previously completed screening form, the form shall be reviewed and verified. The receiving screening shall be conducted by a health-trained staff member. No inmate in obvious need of medical attention shall be admitted to any jail facility until such time as the arresting or transporting officer shall obtain written medical clearance indicating that the inmate is physically capable of withstanding incarceration. The screening inquiry shall include the following topical areas:
a. Current illness and health problems, including dental problems;
b. Venereal diseases and other infectious diseases;
c. Current medication and special health requirements;
d. Use of alcohol or other drugs, including types of drugs used, mode of use, amounts used, frequency of use, date or time of last use, and history of problems which may have occurred after cessation of use;
e. Past and present treatment or hospitalization for mental disturbance or attempted suicide; and, f. Other health problems as may be identified by the responsible physician.
14.9.8. Disposition. The receiving screening process shall include a recommendation to one of the following population classifications: General population, with or without referral for appropriate health care services; emergency referral to appropriate health care services; or, medical isolation and special observation.
14.9.9. Health Appraisal. Within fourteen (14) days of admission, a health appraisal shall be completed for each inmate which includes a medical history and examination which is recorded on a form approved by the responsible physician. Although a physician, physician's assistant or nurse practitioner must perform the physical examination, the health history may be completed by a health trained staff member. The health appraisal shall include the following:
a. Review of the earlier receiving screening by the examining clinician;
b. Collection of additional data to complete the medical, dental, psychiatric and dental histories;
c. Administration of laboratory and/or diagnostic tests to detect communicable diseases including tuberculosis;
d. Recording of current height, weight, pulse rate, blood pressure and temperature, any other diagnostic tests administered and comments concerning mental and dental status; and, e. The results of the medical examination, test results and other information collected shall be reviewed by a physician who shall direct the initiation of appropriate medical care and treatment.
14.9.10. Care for persons under the influence of drugs. The responsible physician shall approve policies and procedures for the identification of alcohol and drug dependence as well as subsequent management and/or transfer for the care of persons under a drug influence. Unless the jail facility has special facilities and constant medical supervision to perform detoxification, detoxification shall not be performed at the jail facility; inmates who require detoxification shall be transferred to a hospital or detoxification center designated by the responsible physician. Procedures for adequate care of persons under the influence of drugs include written policies and training concerning medical screening, observation, referral evaluation, and safety protection.
14.9.11. Psychiatric illness. Post admission screening and referral for the care of mentally ill or retarded inmates whose adaptation to the jail facility environment is significantly impaired shall be provided. Psychiatric problems identified, whether identified during receiving screening or after admission, shall be followed up by medical staff. The urgency of the presenting problem shall determine the response. Potentially suicidal and psychotic patients are emergencies and require prompt attention. Inmates awaiting emergency evaluation shall be housed in a specially designated area with constant supervision by trained staff. Inmates shall be held only for the minimum time necessary before emergency care is rendered. All sources of assistance for mentally ill or impaired inmates shall be identified in advance of need and referral procedures shall be in place for use in cases where the need exists. No person shall be housed in a jail facility solely upon an involuntary commitment proceeding pursuant to W. Va. Code '27-5-1 et. seq..
14.9.12. There shall be consultation between the jail facility administrator and the responsible physician or their designees prior to the making of housing assignment, program assignment, imposition of disciplinary measures or the transfer of any inmate who is diagnosed as having a psychiatric illness.
14.9.13. Access to treatment. Upon admission each inmate shall be informed of his or her right of access to medical treatment; in addition to verbal instruction, each inmate shall receive an information sheet which includes information about the jail facility's sick call schedule, the procedures for registration for sick call and the grievance procedures concerning medical care. The medical information sheet shall be approved by the responsible physician.
14.9.14. Daily health complaints. The health complaints of inmates shall be solicited daily and acted upon by trained personnel such as a licensed nurse or registered nurse and followed by appropriate triage and treatment by qualified personnel. Triage is the sorting and allocation of treatment of patients according to priorities of need.
14.9.15. Sick Call. Sick call is the system through which each inmate reports for and receives appropriate medical services for non-emergency illness or injury; if an inmate's custody status precludes attendance at sick call, arrangements shall be made to provide sick call services in the inmate's place of detention. Inmates will have daily access to sick call forms which shall be reviewed that day by the health authority or other person designated by the responsible physician. All complaint forms will become part of the inmate's health record. Sick call shall be performed by a licensed physician, physician's assistant, registered nurse, or other person designated by the responsible physician. Sick call is a designated time to review non-emergency medical problems and shall be held at the following intervals:
a. In jail facilities of less than fifty inmates, one time per week;
b. In jail facilities of fifty to one hundred inmates, two times per week;
c. In jail facilities of one hundred to two hundred inmates, three days per week; and, d. In jail facilities of more than two hundred inmates, five times per week.
14.9.16. Use of restraints or isolation for out of control inmates. The responsible physician shall approve a plan which guides the use of restraints or isolation and providing for mental health personnel to evaluate inmates who are repeatedly out of control or who remain out of control for more than a short amount of time. Use of physical restraints in the control of inmates inside the jail facility may only be used for the protection of the individual or others. The use of restraints shall be recorded in the inmate's record. Any time an inmate remains out of control for more than a short amount of time, mental health personnel shall be consulted.
14.9.17. Health Promotion/Wellness Promotion. The responsible physician shall consider plans which provide inmates with health education and preventive medical services.
14.9.18. Prevention of the spread of disease. Jail facilities shall establish an area for use by inmates who have medical problems which require separation or close observation. Inmates in such areas shall be allowed to participate in an appropriate form of exercise, including exercise of large muscle groups, for a minimum of one hour per day.
14.9.19. Dental Care. Dental care shall be provided to each inmate under the direction and supervision of a licensed dentist under the following conditions:
a. Each inmate shall receive a dental examination as a component of his or her health evaluation within fourteen days of admission; and, b. Emergency dental treatment for conditions which adversely affect the inmate's health shall be provided within three (3) months of admission.
14.9.20. Special medical programs. Arrangements shall be made for the provision of special medical programs, including chronic care, convalescent care and preventive medical maintenance for inmates. The special medical program shall service a broad range of health problems, e.g., seizure disorders, diabetes, potential suicide, chemical dependency, and psychosis. These special medical programs require close medical supervision. Chronic care is medical service rendered to a patient over a long period of time for conditions such as diabetes, asthma, and epilepsy. Convalescent care is medical care provided to assist a patient in the recovery from illness, injury or surgery. Preventive medical maintenance includes health education and medical services such as inoculation and immunization and is provided to take measures in advance of the onset of illness or to provide instruction in the self-care of chronic conditions. Provided that, for purposes of this rule only, use of or withdrawal from the use of nicotine shall not be considered a chemical dependency or otherwise qualify the inmate for medical or psychological treatment or counseling.
14.9.21. Prostheses. The responsible physician or dentist shall determine the medical necessity for prosthetic devices. Prosthetic devices shall be provided when medically necessary to avoid adverse affect upon the inmate's health.
14.9.22. Management of pharmaceutical. Procedures for prescribing, dispensing and administering drugs shall be in compliance with federal and state laws and regulations. The responsible physician shall approve written procedures for the distribution, administration, accounting and disposal of medications. The responsible physician shall approve a written medication log which shall be maintained for each inmate receiving medication. The inmate's medication log shall include the date, time, name of drug and dosage administered. Any inmate who refuses medication shall sign a statement to that effect, which shall be signed by a staff member and filed in the inmate's medical record. Medications shall be administered only by a physician or nurse, or, after written approval from the responsible physician, by the health authority or health trained staff member; exception to this requirement may be made for self administration of insulin injections by inmates who have received appropriate instruction and are under the supervision of the health authority or a health trained staff member. The physician shall inform jail facility personnel of possible side effects of medication prescribed for inmates. When medications are taken orally, the person administering the medication shall take appropriate action to verify that the medication has been swallowed, thereby ensuring proper ingestion of the prescribed medication. The jail facility shall provide a locked storage area for medications and a list of stored medications shall be maintained. Refrigeration shall be provided if needed for proper storage of medications.
14.9.23. Administration of medications. Persons administering medications shall do so under the supervision of the responsible physician and shall have received training appropriate to their assignment. They are accountable for administering medications according to orders as to both frequency and dosage, and for recording the administration of medications in a manner and on a form approved by the responsible physician. Training from the responsible physician shall include the medical aspects of administration or distribution of medication. Training from the jail facility administrator shall include security matters inherent to the administration and distribution of medications in a jail facility.
14.9.24. Health records. A separate file shall be established for each inmate at the time of his or her receiving screening for the collection of medical information. The health record shall be sufficiently detailed to enable a practitioner to give continuing care and permit the retrospective determination of the inmate's condition and treatment at the time of examination and treatment and to provide information which will enable consulting medical professionals to render advice on the inmate's care and treatment. Entries in this record shall be made in ink, be legible, be signed by the maker, and dated. Records shall be maintained for at least seven (7) years following the inmate's most recent incarceration. The file shall contain the following:
a. The completed receiving screening form;
b. The completed health appraisal, if the inmate was incarcerated for more than thirty (30) days;
c. All findings, diagnoses, orders and treatments;
d. A medication log sheet;
e. The results of laboratory, x-ray or other diagnostic procedures;
f. Any completed medical complaint forms;
g. The date, place and time of health encounters;
h. Dental, psychiatric or other consultation reports;
i. Consent and refusal forms; and, j. Release of information forms.
14.9.25. Transfer of records. When an inmate receives off-site examination or treatment or is transferred to another facility or hospital the inmate's health record or a copy of the summary shall accompany him or her. Documentation of any off-site examination or treatment shall be made in the health record by the physician or other health professional involved. Health records shall be returned to the jail facility with the inmate or, in the event of the transfer or hospital admission of the inmate, as soon as possible thereafter. Written authorization by the inmate is required for the transfer of health record information, except in an emergency situation where the inmate is unable to authorize the transfer.
14.9.26. Confidentiality. The inmate's medical information, health record, and confidences entrusted to a physician or other medical care professional in the course of screening, examination or treatment are confidential and shall not be disclosed to anyone except in the following instances:
a. With the informed consent of the inmate;
b. When required by law, e.g., the reporting of communicable diseases;
c. When the security of the institution or the safety of the individual requires disclosure, and then only to the extent necessary for the protection of the inmate and the security of the jail facility; and, d. When the chief administrative officer requests review of medical information, subject to all other requirements of this subsection.
14.9.27. Facilities and equipment. When health services are provided within a jail facility the jail facility shall provide a private examination/treatment area and such equipment necessary and appropriate for the delivery of medical care as provided in this section. Medical equipment shall be periodically inspected and kept in good repair.
14.9.28. First aid kits. Each jail facility shall have one or more first aid kits which contain, at a minimum, bandages, gauze, slings, adhesive tape and band-aids. The responsible physician shall designate the number, location and contents of first aid kits and shall provide for the periodic inspection and replenishment of the kits.
14.9.29. Informed consent. The informed consent of inmates is necessary for all medical examinations, treatment and procedures except those required by law, e.g., the treatment of infectious diseases when public health law requires such treatment, or in the event of an emergency. Informed consent is the voluntary consent of an inmate to an examination, treatment or procedure after receiving information concerning the material facts regarding the nature, consequences, risks and alternative procedures. In the event a minor is admitted, the consent to medical care must be obtained from a parent, guardian or legal custodian.
14.9.30. Medical research. The use of inmates for medical, pharmaceutical, or cosmetic research or experiments is prohibited.
14.9.31. Serious illness or injury. A process to notify an inmate's next of kin in the event of serious illness or injury shall be developed. The jail facility's admission form shall provide for identification of the inmate's choice of a person to be notified in the event of serious illness, serious injury or death. When possible, permission for notification shall be obtained from the inmate.
W. Va. Code R. § 95-1-15 Inmate Rights
15.1. Access to courts. Inmates shall have unlimited access to courts and to address uncensored communication to governmental authorities. Inmates seeking judicial or administrative redress shall not be subjected to reprisals or penalties as a consequence.
15.2. Attorneys. Sentenced and unsentenced inmates shall have access to attorneys or their representatives, paralegal and experts. Private Attorney/Client interview rooms shall be provided. Provisions shall be made for contacts during normal jail facility hours, for uncensored correspondence and telephone communication.
15.3. Access to legal materials. Inmates shall have access to appropriate legal materials. Provisions shall be made for reasonable and meaningful access to a library. The library shall include the following documents or their equivalent:
a. Black's Law Dictionary;
b. Legal Research in a Nutshell (latest ed.);
c. Federal Habeas Corpus, Sokol, (Michie);
d. Criminal Procedures in a Nutshell, Israel, Jerold J. and Lafave, Wayne R., St.Paul: West or a comparable service;
e. Constitutional Rights of Prisoners, Palmer, John W.,(with current supplement) Cincinnati: Anderson or a comparable service;
f. Criminal Law Hornbook, Lafave & Scott (West);
g. Court Rules;
h. W. Va. Code, Vols. 1-20, including Court Rules, with current supplements;
i. Southeastern Reporter (2nd series, 1960 to date);
j. Criminal Law Reporter, BNA;
k. U. S. Code, Annotated, Titles 18, 29 and 42;
l. Supreme Court Reporter (1960 to date);
m. Federal Reporter (2nd series, 1960 to date);
n. Federal Supplement (1970 to date);
o. Corpus Juris Secundum (Criminal Law sections only);
p. Modern Federal Practice Digest Second (Vols. 16-19, 22-32, 53-54, Table of Cases and Indexes); and, q. Michie's Jurisprudence.
15.4. Access to paper and supplies. Inmates shall have access to paper and other supplies related to legal matters. Inmates shall be provided reasonable access to the services of a notary public for legal documents and other general purposes. There shall be no restricting or interfering with jailhouse lawyers or with inmates attempting to assist other inmates in legal matters. Such interaction of inmates is subject only to legitimate safety and security concerns.
15.5. Voting. Jail facility officials shall inform inmates on pre-trial status and those convicted of misdemeanors of their right to vote and offer them the opportunity to exercise that right.
15.6. Religious observance. Inmates shall have reasonable opportunities to practice their religion, with visits permitted by spiritual advisers at reasonable times. Provisions shall be made for inmates to observe the requirements of their faith.
15.7. Checking and savings accounts. Inmates are entitled to maintain checking and savings accounts.
15.8. Discrimination. Each inmate shall be free from discrimination based upon race, religion, national origin, sex, handicap, or political beliefs. Inmates shall have equal access to various programs and work assignments, and involvement in decisions concerning classification status. There shall be no discrimination in regard to the rights and privileges, restrictive housing, or any other amenities afforded to inmates.
15.9. Protection. Inmates shall be protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. In instances where physical force or disciplinary detention is required, only the least restrictive means necessary to secure order or control shall be used. Administrative segregation shall be used to protect inmates from themselves or other inmates.
15.10. Inmate appearance. Inmates' personal appearance shall not be limited unless it presents clear health, safety or security hazards.
15.11. Grievance procedure. The jail facility shall have a written grievance procedure which is explained and available to inmates and staff. It shall give inmates an opportunity to seek redress for violations of jail facility rules and regulations or interference with the inmate's rights or privileges. The procedure shall include a provision for an investigation of the grievance and for a written response within a reasonable time (seventy-two (72) hours) and proper action taken to ensure fair resolution of complaints. The response shall state reasons for the response to the grievance. Unless grievances are clearly found to be in bad faith, the grievant shall have a personal opportunity to be heard before a decision on the grievance is made. If the grievance is denied, an appeal shall be available.
15.12. Good Time. Inmates sentenced to jail for a term exceeding six (6) months are entitled to good time. Inmates shall be presumed to have conducted themselves well and shall be entitled to good time credit unless they have a recorded history of misconduct. Jail facility authorities shall notify inmates of good time.
15.13. Due Process. No inmate shall be deprived of any good time credit for alleged misconduct unless they have first been afforded the following due process protection:
a. Written notice of the claimed violation;
b. Disclosure of the evidence against them;
c. An opportunity to be heard and to present witnesses and documentary evidence;
d. The right to confront and cross-examine adverse witnesses, unless the hearing officer specifically finds good cause for prohibiting confrontation;
e. A neutral and detached hearing officer;
f. A written statement by the fact-finders of the evidence relied upon and the reasons for discipline; and, g. The right to counsel, if the state is represented by an attorney, and otherwise the right to be assisted by another inmate, staff member, lay advocate or paralegal.
W. Va. Code R. § 95-1-16 Inmate Rules and Discipline
16.1. Rules of conduct. There shall be written rules of inmate conduct which specify acts prohibited within the jail facility and penalties which may be imposed. These rules shall be provided to all inmates and procedures shall exist for ensuring that all inmates understand the rules.
16.2. Annual Review. The written rules of inmate conduct shall be reviewed annually and updated as necessary to ensure that they are consistent with constitutional and legal principles.
16.3. Training. All personnel who deal with inmates shall receive sufficient training so that they are thoroughly familiar with the rules of inmate conduct, the sanctions available, and the rationale for the rules.
16.4. Minor infractions. There shall be written guidelines for informally resolving minor infractions of the inmate rules.
16.5. Disciplinary reports. When rule violations require formal resolution, staff members shall prepare a disciplinary report and forward it to their supervisor.
16.6. Minimum contents. Disciplinary reports prepared by staff members shall include the following minimum information:
a. Specific rule alleged to have been violated;
b. A formal statement of the charge;
c. An explanation of the event, including who was involved, what transpired, and the time and location of the event;
d. Any unusual inmate behavior;
e. Any staff witnesses;
f. The disposition of any physical evidence;
g. Any immediate action taken, including the use of force;
h. The reporting staff member's signature; and, i. The date and time the report is made.
16.7. Investigation. When an alleged rule violation is reported, an investigation shall begin within forty-eight (48) hours of the time the violation is reported.
16.8. Pre-hearing segregation. Pre-hearing segregation of inmates who are charged with a rule violation shall be used only when necessary to ensure the safety of the inmate or the security of the jail facility.
16.9. Sanctions. There shall be a schedule of sanctions for rule violations. The maximum sanction for rule violation shall be disciplinary confinement for fifteen (15) days for any one violation and no more than (30) thirty days for all violations arising from one incident. If more than one incident occurs, continuous disciplinary confinement for more than thirty (30) days shall require the review and approval of the jail facility administrator.
16.10. Prosecution. Written policies and procedures shall provide for referral of alleged criminal violations by inmates to appropriate law enforcement officials for prosecution.
16.11. Written copy of allegation. An inmate charged with a violation of jail facility rules shall be given a written copy of the alleged violation within twenty-four (24) hours of the determination of the charges.
16.12. Hearing. An inmate charged with a rule violation shall receive a hearing within seventy-two (72) hours of the charge, excluding weekends and holidays. The hearing may be postponed or continued by a written waiver by the inmate or for good cause.
16.13. Written notice of hearing. Written notice of the hearing shall be provided to the inmate at least twenty-four (24) hours prior to the hearing. The inmate may give written consent to a hearing within less than twenty-four (24) hours.
16.14. Inmate absence. Inmates charged with rule violation shall be present at the hearing unless they waive that right in writing or through behavior. Inmates may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion shall be documented.
16.15. Hearing panel. Disciplinary hearings of rule violations shall be conducted by an impartial person or panel of persons.
16.16. Inmate representation. Staff assistance to represent inmates at disciplinary hearings shall be provided upon request by the inmate.
16.17. Rules of evidence. The inmate shall be given an opportunity to make a statement, present documentary evidence, and to have present any person who has relevant and not unduly cumulative information, except when doing so may jeopardize the life or safety of persons or the security or order of the jail facility; reasons for denial shall be stated in writing. The formal rules of evidence shall not apply to inmate disciplinary proceedings.
16.18. Written record of decision. A written record shall be made of the disciplinary hearing decision and a copy shall be given to the inmate.
16.19. Review. A review of all disciplinary hearings and dispositions shall be made by the jail facility administrator or his or her designee.
16.20. Appeal. Inmates shall have the right to appeal decisions of the disciplinary hearing officer to the jail facility administrator or his or her designee. The administrator, or their designee, shall either affirm or reverse the decision of the disciplinary hearing officer within five (5) days of the appeal.
16.21. Effect of negative finding. The disciplinary report shall be removed from the files of any inmate found not guilty of an alleged rule violation.
W. Va. Code R. § 95-1-17 Communication, Mail and Visitation
17.1. Inmate correspondence. Written policies and procedures shall govern inmate correspondence, shall be available to all staff and inmates, and shall be reviewed annually and updated as needed.
17.2. Limitations. The volume of lawful mail, including letters and publications, which an inmate may send or receive or the length, language, content or source of the mail may not be limited except for reasons of public safety or jail facility order and security. Outgoing mail shall be at the inmate's expense except as provided in section 17.3 of this rule.
17.3. Indigent inmates. Indigent inmates shall be provided, without cost, sufficient stationery and postage for all letters to attorneys, courts, and public officials and two (2) personal letters per week.
17.4. Restrictions. Written policies and procedures shall define the type of publications allowed in the jail facility and inspection procedures. Restrictions of access to publications shall be directly related to the maintenance of jail facility order and security.
17.5. Mail processing. Incoming and outgoing letters shall not be held for more than twenty-four (24) hours, excluding weekends and holidays.
17.6. Inspection. Inmate letters, both incoming and outgoing, may be opened and inspected for contraband, but shall not be censored. The letters shall not be read or rejected except where there is reliable information that there is a threat to order or security or that they are being used in the furtherance of illegal activity. Inmates shall be notified when incoming or outgoing letters are rejected.
17.7. Cash. Procedures shall provide for the inspection of inmate letters to intercept cash, checks, money orders and contraband. A receipt shall be given to the addressee.
17.8. Sealed letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, which shall include courts, counsel, officials of the confining agency, government officials, administrators of grievance systems, and members of the parole authority. Mail to inmates from this specified class of persons and organizations shall be opened only to inspect for contraband and only in the presence of the inmate.
17.9. Telephone access. Inmates shall be afforded the right to reasonable telephone access. Telephone calls shall not be monitored unless authorized by a prior court order.
17.10. Visitation. The number of visitors an inmate may receive and the length of visits shall be limited only by jail facility schedules, space and personnel constraints. Visitation shall be provided at least four (4) times weekly including weekends, holidays and evening hours as well as daytime hours. The scheduled visitation hours shall be at least three (3) hours in duration. Individual visitations shall not be limited to less than one-half hour. Visitors whose schedule cannot accommodate the jail facility's visiting schedule may be granted special visitation hours upon request to the jail facility administrator. The visitation schedule and visitation policies shall be posted.
17.11. Visitation limitations. Any visitor shall be allowed except those excluded by court order, visibly under the influence of alcohol and/or drugs, or unable to produce appropriate identification. Inmates may receive visits from immediate family regardless of age provided that all children under the age of eighteen (18) are accompanied by an adult parent, or guardian. Any emancipated child under the age of eighteen (18) must provide proof of emancipation.
17.12. Contact visits. Contact visits shall be available unless otherwise requested, or the inmate's behavior risks causing harm to a person, or the inmate is on disciplinary status related to an offense related to visitation.
17.13. Risk Inmates. Visiting hours for high risk inmates shall approximate those for other inmates.
17.14. Searches. Inmates may be searched prior to and subsequent to visitation. Visitors may be subject to non-intrusive personal searches.
17.15. Privacy. Visitation facilities shall be private and confidential with no monitoring of conversations.
17.16. Contact visitation area. The contact visiting area shall contain tables which do not impair visibility and communication.
17.17. Notification and visitation challenges. Inmates shall be given written notification whenever a visitor is excluded from visitation and shall be given reasons for the action. An inmate shall be given an opportunity to challenge the denial of visitation.
17.18. Visitation by counsel. The number of visits with counsel shall not be restricted, during reasonable hours.
17.19. Visitation to home county. The regional jail authority shall provide transportation to the inmate's home county for purposes of visitation if (1) The home county has a holding facility which may be used for purposes of visitation (2) The county commission and the sheriff of the county agree to provide space in the holding facility for purposes of visitation and to accept custody of the inmate during such period of visitation and (3) Additional transportation space is available on regularly scheduled runs to the home county required for other necessary purposes such as transporting other inmates to court proceedings. Priorities for inmates seeking transportation to the home county for visitation shall be assigned to available space on regularly scheduled runs as follows in the following order of priority: (1) Emergency circumstances (2) Transportation for inmates awaiting court proceedings and not under a sentence of incarceration for any crime (3) Inmates who have not received a visit within a three-month period and (4) Other inmates on a first-come, first-served basis in order of date and time of request.
W. Va. Code R. § 95-1-18 Admission, Orientation, Property Control and Release
18.1. New Inmates. Written policies and procedures shall govern the admission and orientation of new inmates. They shall be reviewed annually and updated as necessary. The jail facility shall not accept persons who are being committed solely because of the initiation of procedures for involuntary commitment pursuant to W. Va. Code '27-6A-1 et. seq.
18.2. Mentally disabled inmates. Care shall be provided for inmates who are believed to be mentally ill, retarded, or addicted and in need of treatment, training or other services. The jail facility administrator shall be made aware of the illness and shall arrange for a mental health assessment. If the report of the examination confirms the condition and services cannot be provided at the jail facility, the administrator shall immediately take action to initiate the inmate's transfer to an appropriate facility pursuant to W. Va. Code '27-6A-1, et. seq.
18.3. Minimum admission requirements. Written policies and procedures for admitting new inmates to a jail facility shall be provided and shall contain at least the following requirements:
a. Verification of court commitment papers or other legal documentation of authority to detain the individual;
b. A complete search of the individual and his or her clothing and personal possessions;
c. Appropriate disposition of the individual's clothing and personal possessions;
d. Medical screening including tests for infectious diseases;
e. Provisions for telephone calls by inmates;
f. Shower and hair care, if necessary;
g. Issuance of clean clothing;
h. Photographing and fingerprinting;
i. An interview to obtain identifying data;
j. A screening interview by a counselor or other trained interviewer;
k. An orientation to the jail facility;
l. Issuance of personal hygiene items;
m. Classification of custody level for assignment to a housing area; and, n. Assignment to a housing unit.
18.4. Housing of alcoholics. The jail facility administration shall refrain from housing or retaining in the jail facility any persons who are known to be or should be known to be chronic alcoholics when the person has been charged solely with the offense of public intoxication; the person shall be afforded all reasonable and necessary medical and health care services immediately; at all times the proper procedures for treatment of such persons shall be followed in the manner set forth by the West Virginia Supreme Court of Appeals in State ex rel. Harper v. Zeeger, No. 14950 (filed May 18, 1982) and in its Addendum (filed July 15, 1982).
18.5. Intoxicated or drugged inmates. There shall be written policies and procedures for the safe handling of intoxicated or drugged inmates committed to the jail facility when such persons are charged with offenses other than or in addition to public intoxication, the policies shall include requirements that:
a. All reasonable and necessary medical and health care services are provided immediately in the manner set forth by the Harper decision and its addendum;
b. Such persons are segregated from the general inmate population until they can be safely integrated without danger to themselves or others; and, c. When such persons are housed in the jail facility, they shall have access to a bed, a toilet and a wash basin with hot and cold running water.
18.6. Location of admission area. Inmates shall be separated from the general population during the admissions process.
18.7. Orientation. All newly admitted inmates shall receive verbal and written orientation information in language they understand. Completion of orientation shall be documented by a dated statement signed by the inmate.
18.8. Telephone. Newly admitted inmates shall be permitted to complete at least three (3) collect local or long distance telephone calls during the admissions process.
18.9. Personal Property. The personal property which inmates may retain in their possession shall be specified.
18.10. Inventory and receipt. A written inventory of all personal property of newly admitted inmates and secure storage of inmate property, including money and other valuables shall be provided. The inmate shall be given a receipt for all property held until release.
18.11. Release. Written procedures for releasing inmates shall be developed to include the following:
a. Verification of identity;
b. Verification of release papers;
c. Completion of release arrangements, including the person or agency to whom the inmate is to be released;
d. Return of personal effects;
e. Verification that no facility property leaves the facility with the inmate; and, f. Completion of any pending action such as a grievance or a claim for damages or lost possessions.
W. Va. Code R. § 95-1-19 Classification
19.1. General. Written policies and procedures shall provide for inmate classification in terms of the level of custody required, housing assignments and participation in correctional programs. They shall be reviewed at least annually and updated as necessary.
19.2. Criteria and appeal. The inmate classification plan shall specify criteria and procedures for determining and changing the status of an inmate, including custody, transfers and major changes in programs. The plan shall include an appeals process for a classification decision.
19.3. Classification categories. The jail facility shall provide for the separate management of the following categories of inmates:
a. Male and female inmates;
b. Pre-trial and convicted inmates;
c. Felon and misdemeanant;
d. Other classes of detainees (witnesses, civil inmates);
e. Community custody inmates (work release, weekender, trustees);
f. Inmates with special problems (alcoholics, narcotic addicts, mentally ill persons, physically disabled persons, or persons with communicable diseases);
g. Inmates who require disciplinary detention;
h. Inmates who require administrative segregation;
i. Violent and non-violent inmates; and, j. Juveniles.
19.4. Juveniles. Juveniles, who are subjected to trial as adults, if held in the jail facility, shall be separated by sight and sound from adult inmates, although they may be housed in the facility's structure. Juveniles who are not subject to trial as adults are not to be housed in the jail facility in accordance with W. Va. Code ''49-5-16 and 49-5-16a.
19.5. Discrimination. Segregation of inmates by race, color, creed, or national origin is prohibited.
W. Va. Code R. § 95-1-20 Inmate Work Programs
20.1. Inmate assignments. The jail facility shall have a written inmate work assignment plan that provides for inmate employment, subject to the number of work opportunities available consistent with the maintenance of security in the jail facility.
20.2. Required work. Pre-trial and unsentenced detainees shall not be required to work except to do personal housekeeping. Any inmate may volunteer for work assignments or institutional programs.
20.3. Maintenance and operation. The inmate work plan shall include provisions for work in the maintenance and operation of the jail facility, except that no inmate shall be permitted within any control room of the jail facility.
20.4. Public works projects. The inmate work plan may provide for inmate work assignments in public works projects.
20.5. Community service. The inmate work plan shall include provision for inmates to work in various non-profit and community service projects.
20.6. Discrimination. Discrimination in inmate work assignments based upon sex, race, religion or national origin is prohibited.
20.7. Disabled Inmates. The inmate work plan shall include provisions for the employment of disabled inmates.
20.8. Compensation. If required under the West Virginia Code, inmates shall be compensated for work performed.
20.9. Working conditions. Inmate working conditions shall comply with applicable federal, state and local work place safety laws and rules.
20.10. Reduction of sentence. The inmate work plan shall provide for the earning of credit toward sentence completion in accordance with the West Virginia Code.
W. Va. Code R. § 95-1-21 Inmate Services and Programs
21.1. Availability. Inmate programs and services shall be made available and shall include, but not necessarily limited to, social services, religious services, recreation and leisure time activities, and library services.
21.2. Use of community resources. Inmate programs and services shall provide for the identification and use of available community resources.
21.3. Inmate option to refuse. Inmates may refuse to participate in jail facility programs, except work assignments and programs required by statute or court order. There shall be written documentation of each refusal to participate maintained in the inmate's file.
21.4. Equal Opportunity. Male and female inmates will have equal opportunities to participate in programs and services.
21.5. Services for drug and alcohol addiction. The jail facility shall provide for counseling and program services for inmates with drug and/or alcohol problems. All necessary medical and health care services shall be provided. The jailing of alcoholics for public intoxication is prohibited. Efforts shall be made to encourage the active involvement of local Alcoholics Anonymous and other similar groups in the delivery of services to inmates and reasonable accommodations made for their use. Alcoholism rehabilitation and drug awareness programs may be established through a local agency or other qualified person.
21.6. Religion. Inmates shall be provided opportunities to participate in religious services and counseling on a voluntary basis.
21.7. Leisure time activities. The jail facility shall provide opportunities for inmates to participate in leisure time activities outside their cell or room on a daily basis. Each inmate shall be permitted at least one hour of leisure time activity each day outside their cell or room. Leisure time activities may include radio, television, movies, crafts, cards, puzzles, checkers, chess or space for indoor exercise.
21.8. Outdoor exercise. The jail facility shall provide each inmate with at least one hour of outdoor exercise per day in an outdoor area with adequate space for the exercise of large muscle groups. The outdoor exercise area shall be constructed to ensure privacy from and safety for the general public.
21.9. Records. The hours and place of recreation for each inmate shall be recorded daily.
21.10. Work Release. The jail facility shall establish a program for the implementation of a work release program pursuant to West Virginia Code '62-11A-1 and '62-11A-2. All inmates shall be notified of their right to apply for the program; appropriate applications and assistance in their completion shall be provided to inmates upon admission to the jail facility.
21.11. GED Program. The jail facility shall arrange for a G.E.D. program for inmates who desire to participate.
21.12. Vocational programs. Inmates shall have access to vocational counseling, pre-vocational career assessment, adult basic education, and vocational training.
21.13. Labor in jail facility. Inmates over the age of sixteen years may consent to perform labor within the jail facility, for county government. The jail facility shall develop a written resident work plan for work in the jail facility, the county government or a community service agency.
21.14. Good time. Good time policy will be coordinated with the vocational, education and work programs.
21.15. Library services. Library services shall be available to inmates and shall include at least the following types of materials: materials responsive to the interests and educational needs of inmates; information services to locate facts needed; programs for individuals or group information and enjoyment, such as books, discussion groups, music, creative writing, speakers and a distinct library setting. Library resources may be supplemented by the entire collection of local, regional and state libraries, law libraries and inter-library loan services. When appropriate, provisions shall be made for accommodation of inmates with visual and auditory deficits.
21.16. Staff. The jail facility shall assign a staff member to coordinate and supervise the library and its services. The number of staff required for this function may vary dependent upon the number of inmates involved in the program.
21.17. Pre-trial intervention program. When a pre-trial intervention program, diversion program, pre-trial release program or paroles program is conducted in the jail facility, sufficient staff, space and equipment shall be provided to meet the needs of the particular program.
W. Va. Code R. § 95-1-22 Release Preparation
22.1. Release preparation. A program of release preparation to prepare inmates for release from the jail facility shall be available to all inmates.
22.2. Work and educational programs. Inmate participation in work or educational release programs shall be allowed in accordance with the West Virginia Code and applicable rules.
22.3. Separation from the general population. Inmates who are participating in work or educational release programs shall be separated from inmates in the general population.
W. Va. Code R. § 95-1-23 Citizen Involvement and Volunteers
23.1. Citizen involvement. The involvement of citizens in the delivery of inmate programs may be permitted.
23.2. Volunteer coordination. A jail facility staff member shall be responsible for the coordination of the volunteer services program.
23.3. Lines of authority. Lines of authority, responsibility, and accountability for the volunteer services program shall be developed and communicated to jail facility staff and volunteers by the jail facility administrator.
23.4. Selection, screening and orientation of volunteers. The volunteer service program shall include procedures for the selection, screening and orientation of volunteers to the unique area of service to an inmate population. Recruitment from all cultural and socioeconomic segments of the community shall be encouraged.
23.5. Identification. A system which provides for the easy identification of volunteers while they are within the jail facility shall be provided.
23.6. Written contract. Each volunteer shall sign a written agreement to abide by all applicable facility policies, with specific reference to policies related to jail facility security and confidentiality of inmate information.
23.7. Professional services. Volunteers shall perform professional services only when properly licensed.
23.8. Level of involvement. The curtailment, postponement or discontinuation of the services of an individual volunteer or a volunteer group shall be within the discretion of the jail facility administrator.
W. Va. Code R. § 95-1-24 Glossary
24.1. Audit. An audit is the examination of jail facility records or accounts to check their accuracy; an audit is conducted by a person not directly involved in the creation or maintenance of the records or accounts. An independent audit will result in an opinion which will either affirm or disaffirm the accuracy of records or accounts. An operational or internal audit usually results in a report to management within the agency which is not shared with persons outside the agency.
24.2. Administrative segregation. Administrative segregation is a form of separation of an inmate from the general population and is authorized by the classification committee or other authorized group when the continued presence of an inmate in the general population poses a serious threat to life, property, the inmate, staff or other inmates, or the security or orderly management of the jail facility. Inmates may be placed in administrative segregation pending investigation or trial for a criminal act or pending transfer. Cross reference, protective custody and segregation.
24.3. Booking. As a police administrative action, booking is the official recording of an arrest and the identification of the person, the time, the arresting authority and the reason for the arrest of a person. As a jail facility procedure, booking is the procedure for the admission of a person to the jail facility; it includes a physical search of the person and his or her possessions, the taking of fingerprints and photographs, the conduct of interviews for medical history and personal history, the inventory and storage of personal belongings, and the assignment of the person to a housing area.
24.4. Chemical agent. An active substance, such as tear gas or pepper gas, used to deter behavior which may cause personal injury or property damage.
24.5. Classification. A process by which the security needs and requirements, appropriate housing assignment, and program needs for incarcerated persons is determined.
24.6. Contraband. Any item in the possession of an inmate or found within the boundaries of a jail facility which is declared illegal by law or not specifically approved for possession by an inmate by those legally charged with the administration of a jail facility.
24.7. Disciplinary hearing. A nonjudicial, administrative procedure to determine if substantial evidence exists to find an inmate guilty of a violation of a jail facility rule.
24.8. Disciplinary detention. A form of separation from the general population during which an inmate who has committed a violation of a rule is confined by the disciplinary hearing officer or other authorized body for a short period of time to an individual cell. Placement in detention may occur only after a finding of a rule violation at an impartial hearing. Cross reference, protective custody and segregation.
24.9. Educational release. A custody status under which an inmate is permitted to leave a jail facility to attend school in the community and return to the jail facility after school hours.
24.10. Emergency. A significant disruption of normal jail facility procedure, policy, or activity caused by a riot, a strike, an escape, a fire, a natural disaster or other serious incident.
24.11. Facility Administrator. Any official, regardless of local title (e.g., sheriff, chief of police, jail administrator, warden, superintendent) who has the ultimate responsibility for managing and operating the local detention facility.
24.12. Grievance. A written complaint filed by an inmate with the facility administrator concerning personal health and welfare or the operations and services of the facility.
24.13 Holidays. All days legally designated as non-workdays by statute or by the chief governing authority of a jurisdiction.
24.14. Inmate. A person, whether charged with an offense or convicted of an offense, who is confined in a jail facility by order of a court of competent jurisdiction.
24.15. Inmate records. Information concerning the individual's personal, criminal and medical history, behavior and activities while in custody, including commitment papers, court orders, personal property receipts, visitors lists, photographs, fingerprints, notations of disciplinary infractions and actions, grievances, and miscellaneous notes, writings or documents.
24.16. Jail facility. A confinement facility which holds persons detained pending trial and/or persons sentenced to terms of incarceration upon conviction for violations of criminal codes.
24.17. Protective custody. A form of separation from the general population for inmates who request or require protection from other inmates for reasons of health or safety. Cross reference, administrative segregation and disciplinary detention.
24.18. Segregation. The confinement of an inmate to an individual cell or sleeping room that separates that inmate from the general population of the jail facility. Cross reference, administrative segregation, disciplinary detention, and protective custody.
95CSR1
Series 02 Minimum Standards For Construction, Operation And Maintenance Of Correctional Facilities
W. Va. Code R. § 95-2-1 General
1.1. Scope. -- This legislative rule establishes minimum standards and procedures for correctional facilities in West Virginia.
1.2. Authority. -- W. Va. Code '31-20-9.
1.3. Filing Date. -- March 27, 1996.
1.4. Effective Date. -- June 3, 1996.
1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces 95CSR2 "West Virginia Minimum Standards for the Construction, Operation, and Maintenance of Prisons", which was filed on June 27, 1989 and which became effective on June 27, 1989.
W. Va. Code R. § 95-2-2 Administration, Organization and Management
2.1. Organization. The correctional facilities of West Virginia shall be administered and managed by the Division of Corrections and the Commissioner of Corrections as provided in W. Va. Code '25-1 et seq.
2.2. Mission Statement. The Division of Corrections shall prepare a written document delineating the mission of each correctional facility within the context of the total correctional system and shall review this mission statement at least annually and update it, if necessary.
2.3. Philosophy and Goals. The Chief Executive Officer of each correctional facility shall prepare a written statement which describes the philosophy and long-range goals of the correctional facility and its satellites; the statement shall be reviewed at least annually and updated if necessary.
2.4. Annual Goals and Objectives. The Chief Executive Officer shall formulate goals for the correctional facility at least annually and translate them into measurable objectives.
2.5. Chief Executive Officer. Each correctional facility shall be headed by a Chief Executive Officer who is in charge of all inmates, personnel, volunteers and all programs and activities connected with the correctional facility.
2.6. Appointment. The Chief Executive Officer of the correctional facility shall be appointed by the Commissioner of the Division of Corrections.
2.7. Qualifications. The educational, operational and administrative qualifications of the Chief Executive Officer of the correctional facility shall be specified in writing by the appointing authority.
2.8. Tenure. The term of office of the Chief Executive Officer, and management or other personnel not included in the classified service rules (143CSR1)of the Personnel Division shall be at the will and pleasure of the Commissioner of Corrections.
2.9. Outside Agencies. The roles and functions of employees of other public or private agencies providing a service to the correctional facility shall be covered by written policies and procedures which specify the relationship to the Division of Corrections and responsibilities of the Chief Executive Officer; the policies and procedures shall be reviewed at least annually.
2.10. Organization Chart. The Chief Executive Officer shall prepare a written plan with an organizational chart for the correctional facility for which he or she is responsible which shall describe the correctional facility organization, and which shall group similar functions, services and activities into administrative subunits. This plan shall be reviewed at least annually and updated as needed by the Chief Executive Officer.
2.11. Staff Meetings. Meetings shall be held at least monthly between the Chief Executive Officer and all department heads, and meetings shall be held at least monthly between department heads and their key staff members. Written records of these meetings shall be kept on file at the facility.
2.12. Staff/Inmate Communication. There shall be a system of two-way communication between all levels of staff and inmates.
2.13. Administrative Manual. The policies and procedures for operating and maintaining the correctional facility and its satellites shall be specified in a manual, which is accessible to all employees and to the public and shall be reviewed at least annually by the Chief Executive Officer.
2.14. Operations Manual. Each department and major administrative unit of the correctional facility shall maintain a manual of standard operating procedures that specifies methods of implementing policies. The standard operating procedures shall be reviewed at least annually, updated as needed, and made available to employees.
2.15. Changes in Manuals. There shall be a written system to disseminate approved new or revised policies and procedures to designated staff, volunteers, and when appropriate, to inmates prior to implementation.
2.16. Inspections and Reviews. There shall be a system whereby the Chief Executive Officer, or designated staff, monitors the implementation of programs and services through inspections and reviews which are conducted at least annually.
2.17. Quarterly Reports. The Chief Executive Officer shall report in writing correctional facility activities at least quarterly to the Division of Corrections. Reports shall include major developments in each department or administrative unit, major incidents, population data, staff and inmate morale, and major problems and plans for solving them.
2.18. Legal Assistance. Legal assistance for the Chief Executive Officer and other staff shall be provided by the Division of Corrections as needed in the performance of their duties.
2.19. Correctional Facility Programs. The correctional facility shall provide for all inmates the following constructive programs, including, at a minimum: reception and orientation; evaluation and classification; academic education equivalent to high school; vocational training; employment; religious services; social services and counseling; psychological and psychiatric services; library services; medical and dental health care; athletic, recreational and leisure time activities; inmate involvement with community groups; mail and visiting; access to media; legal materials; attorneys and courts; volunteer services; and pre-release orientation and planning.
2.20. Requests for Information. Requests from federal, state and local legislative, executive and judicial bodies for information concerning programs and specific cases shall be responded to promptly and fully by correctional facility staff in accordance with written policies and procedures, and provisions relevant to rights of privacy.
2.21. Media Access. Representatives of the media shall be granted access to the correctional facility, consistent with the preservation of inmates' privacy and the maintenance of order and security.
2.22. Collaboration with Colleges. There shall be collaboration with colleges and universities for the provision of educational opportunities for inmates. Institutions of higher learning can provide qualified persons to serve as advisors for policies and programs, and to provide specialized training assistance. Internship or practicum programs developed with college and universities can assist greatly in the development and recruitment of career correctional employees. Mutual use of facilities and faculty can benefit both groups.
2.23. Political Activity. Each correctional facility shall have a written policy conforming to governmental statutes and rules relating to campaigning, lobbying and political practices, which is known and available to all employees.
W. Va. Code R. § 95-2-3 Fiscal Management
3.1. Responsibility. The Chief Executive Officer of the correctional facility is responsible for fiscal policy, management, and control. The Chief Executive Officer may delegate fiscal operational management to a designated staff person.
3.2. Budgetary System. The correctional facilities' planning, budgeting and program management functions shall be interrelated, and linked directly with objectives defined by the Division of Corrections.
3.3. Fiscal Officer. The fiscal officer of the correctional facility shall have appropriate professional qualifications, including at least a Bachelor's Degree in business administration or a related field, and/or three or more years of demonstrated supervisory and administrative experience.
3.4. Budget Process. Correctional facility staff shall participate in the preparation of an annual written budget request.
3.5. Budget Requests. The Chief Executive Officer shall participate in budget deliberations conducted by the Division of Corrections Central Office in order to request funds to maintain the correctional facility's daily operations, finance capital projects, and support long-range objectives, program development, and additional staff requirements.
3.6. Annual Evaluation. The Chief Executive Officer shall review space requirements and the need for capital improvements, at least annually.
3.7. Annual Personnel Assessment. There shall be an annual assessment of presently assigned positions and future personnel needs required to meet the correctional facility objectives.
3.8. Accounting System. The accounting system shall be designed to show the current status of appropriations and expenditures.
3.9. Accounting Procedures. Methods used for collection, safeguarding and disbursement of monies shall comply with accounting procedures established by the Division of Corrections Central Office.
3.10. Deposit of Monies. All monies collected at the correctional facility shall be deposited daily in an officially designated depository.
3.11. Financial Reports. Reports of all monies collected and disbursed shall be prepared and distributed by the designated Fiscal Officer at each facility to the Division of Corrections Central Office on a monthly basis.
3.12. Minimum Policies. Written policies and procedures shall provide for at least the following fiscal matters; internal controls, petty cash, bonding for all appropriate staff, signature control on checks, and the issuance or use of vouchers.
3.13. Internal Monitoring. There shall be ongoing internal monitoring of the correctional facility's fiscal activities, which are reported in writing at least quarterly to the Division of Corrections Central Office.
3.14. Annual Audit. The Division of Corrections shall conduct an annual financial audit of each correctional facility's fiscal records, which shall be independent of the correctional facility.
3.15. Annual Inventory. There shall be an annual physical inventory of property, supplies, and other assets.
3.16. Purchasing Procedure. The requisition and purchase of supplies and equipment shall be in accordance with policies and procedures of the Purchasing Division.
3.17. Position Control. The chief fiscal officer shall maintain information on the number and type of positions filled and vacant at any time. The payroll shall be based on time-keeping records. The fiscal officer shall verify that all persons on the payroll are legally employed, that the positions are authorized in the budget, that attendance records support the payroll and that needed funds are available.
3.18. Insurance Coverage. There shall at a minimum be correctional facility insurance coverage to include the following items: workers' compensation, civil liability for employees, liability for official vehicles, and a public employee blanket bond.
3.19. Inmate Benefit Fund. Money available from donations, commissary profits, or other sources, shall be placed in a fund established for the benefit of the inmates. Responsibility for administering this fund shall be fixed, controls shall be established for collecting and safeguarding the funds, and specific guidelines shall govern the expenditure of these funds.
3.20. Inmate Commissary. There shall be an inmate commissary, or other means by which inmates can purchase items not furnished by the facility from an approved list. Strict controls shall be maintained over its operation and standard accounting procedure shall be followed.
3.21. Commissary Audit. A departmental audit or commissary funds shall be conducted annually and standard accounting procedures followed.
3.22. Control of Inmate Funds. Inmates' personal funds held by the correctional facility shall be controlled by generally accepted accounting procedures.
3.23. Deposit of Inmate Funds. Inmate funds shall be deposited in interest-bearing accounts, with interest accruing to the inmate.
3.24. Inmate Funds Transactions. Any transactions between inmates or inmates and staff, shall have prior approval by the correctional facility's administration.
W. Va. Code R. § 95-2-4 Personnel
4.1. Selection, Retention and Promotion. The selection, retention and promotion of all personnel, with the exception of the warden, contract personnel, and volunteers, shall be on the basis of the rules of the Personnel Division as found at 143CSR1.
4.2. Lateral Entry and Promotion. There shall be provisions for lateral entry as well as promotion from within the correctional facility. Lateral entry is the employment of persons from outside the correctional facility. Any individual with the required education, experience, and background should be eligible to be considered for a position at the level at which the person is qualified. While the correctional facility's personnel policies may emphasize promotion from within, there should be provisions for lateral entry to obtain the best qualified persons to fill positions.
4.3. Equal Employment. There shall be equal employment opportunities for all positions.
4.4. Criminal Record Check. In accordance with state and federal statutes, a criminal record check shall be conducted on all new employees to ascertain whether there are criminal convictions which have a specific relationship to job performance. The results shall be documented and placed in the employee's personnel file.
4.5. Psychological Testing. All personnel who directly supervise inmates shall undergo psychological testing prior to their employment and when a justifiable need exists during their employment, to determine suitability for appointment and retention. The testing shall be designed to measure basic attitudes and tendencies toward honesty and against unprovoked acts of personal violence and shall be administered, scored, and interpreted by, or under the supervision of, a licensed psychologist.
4.6. Physical Examination. There shall be a physical examination of all employees by a physician at the time of employment. Periodic re-examination may be required to assure adherence to predetermined physical requirements.
4.7. Probationary Term. New or promoted employees shall be appointed initially for a probationary term of not less than six months nor more than one year. After completing a probationary period, employees shall be granted permanent status.
4.8. Expense Reimbursement. Employees shall be reimbursed for all approved expenses incurred in the performance of their duties.
4.9. Personnel Policy Manual. There shall be a personnel policy manual which covers, at a minimum, the following areas: organization; recruitment procedures; equal employment opportunity provisions; job qualifications, descriptions and responsibilities; basis for determining salaries; benefits, holidays, leave and work hours; personnel records; employee evaluation; in-service training; promotion; retirement, resignation and termination; employee-management relations; physical fitness policy; disciplinary procedures; grievance and appeals procedures; statutes relating to political practices and insurance and professional liability requirements. A copy of this manual shall be available to each employee.
4.10. Grievance Procedure. There shall be a written grievance procedure for employees.
4.11. Termination or Demotion. Employees on permanent status have the right to request and exhaust grievance and appeals procedures, including a formal hearing.
4.12. Code of Ethics. There shall be available to all employees a written code of ethics that prohibits employees from using their official position to secure privileges for themselves or others and from engaging in activities that constitute a conflict of interest.
4.13. Consultants and Contract Personnel. Consultants and contract personnel who work with inmates shall be informed in writing and agree to abide by the correctional facilities' policies on confidentiality of information.
4.14. Personnel Requirements. Personnel staffing requirements shall be systematically determined in all categories on an ongoing basis in order to ensure inmate access to staff and availability of support services.
4.15. Shift Relief Factor. The Division of Corrections shall develop a formula which shall be used to determine the number of persons needed to staff key positions in the correctional facility which considers, at a minimum, regular days off, annual leave, holidays and average sick leave. Positions in the correctional facility which require staffing for more than one shift and/or more than five days per week shall be budgeted for the additional staff needed. Additional factors which shall be included in a formula are days off duty for training, military leave time, and other factors specific to the correctional facility and the jurisdiction.
4.16. Personnel Records. Each correctional facility shall maintain a current, accurate and confidential personnel record on each employee.
4.17. Record Correction. There shall be provision for employees to challenge information in their personnel file and have it corrected or removed if it is proven inaccurate.
4.18. Annual Evaluation. There shall be a written annual performance review of all employees, which is based on defined criteria and is reviewed and discussed with the employee.
W. Va. Code R. § 95-2-5 Training and Staff Development
5.1. Program Supervision. Training programs for all employees shall be specifically planned, coordinated, and supervised by a qualified employee at the supervisory level, and reviewed annually.
5.2. Specialized Training. The individual coordinating the training and staff development program shall have received specialized training for that position. At a minimum, full-time training personnel shall have completed a 40 hour training-for-trainers course.
5.3. Training Evaluation. The correctional facility's training and staff development plan shall provide for an ongoing formal evaluation of all pre-service, in-service and specialized training programs, with a written report prepared annually.
5.4. Library and Reference Services. Library and reference services shall be available to complement the training and staff development program.
5.5. Outside Resources. The training and staff development program shall use the resources of other public and private agencies, private industry, colleges and libraries.
5.6. Space and Equipment Requirements. Space and equipment required for the training and staff development program shall be available. Separate locations shall be provided for firearms and gas equipment training and for physical training. Equipment shall be provided for audio-visual presentations. Other equipment shall include, at a minimum, firearms, gas equipment, and ammunition.
5.7. Replacement Personnel. The budget shall include funds for reimbursing replacement personnel required when regular personnel are off duty for training purposes.
5.8. New Full-Time Employees. Each correctional facility shall provide all new full-time employees with 40 hours of orientation/training prior to being independently assigned to a particular job. This orientation/training shall include, at a minimum: orientation to the purpose, goals, policies and procedure of the correctional facility and the Division of Corrections; working conditions and regulations; responsibilities and rights of employees; and an overview of the correctional field. Depending upon the employee(s) and the requirements of the particular job, the orientation/training may include some preparatory instruction related to the particular job. There shall be provisions for acknowledging and granting credit for prior training received.
5.9. New Clerical/Support Employees. All clerical/support employees who have minimal contact with inmates shall receive a minimum of an additional 16 hours of training during the first year of employment and 16 hours of training each year thereafter.
5.10. New Support Employees. All support employees who have regular or daily inmate contact shall receive a minimum of an additional 40 hours of training during their first year of employment and an additional 40 hours of training each subsequent year of employment.
5.11. New Professional Specialized Employees. All professional specialist employees who have inmate contact shall receive a minimum of an additional 40 hours of training during their first year of employment, and an additional 40 hours of training each subsequent year of employment.
5.12. New Correctional Officers. All new correctional officers shall receive a minimum of an additional 120 hours of training during their first year of employment and an additional 40 hours of training each subsequent year of employment. At a minimum this training shall initially cover the following areas:
5.12.1. Security procedures;
5.12.2. Supervision of inmates;
5.12.3. Use of force regulations and tactics;
5.12.4. Report writing;
5.12.5. Inmate rules and regulations;
5.12.6. Rights and responsibilities;
5.12.7. Fire and emergency procedures;
5.12.8. Firearms training;
5.12.9. Key control;
5.12.10. Interpersonal relations;
5.12.11. Social/cultural lifestyles of the inmate population;
5.12.12. Communication skills; and,
5.12.13. First aid.
5.13. Administrative and Managerial Staff. All administrative and managerial staff shall receive a minimum of an additional 40 hours of training during their first year of employment, and an additional 40 hours of training each subsequent year of employment. This training shall initially cover the following areas, at a minimum:
5.13.1. General management and related subjects;
5.13.2. Labor law;
5.13.3. Employee-management relations;
5.13.4. Interaction of elements of the criminal justice system; and,
5.13.5. Other service agencies.
5.14. CERT Unit. When there is a correctional emergency response team, all assigned officers shall have a minimum of one year of experience as a correctional officer, which includes at a minimum 160 hours of training. They shall receive a minimum of 40 hours of relevant emergency unit training prior to assignment, and subsequent annual training shall consist of a minimum of 40 hours emergency unit training in addition to the standard 40 hours of continuing training.
5.15. Contract and Part-time Staff. All contract personnel and part-time staff shall receive formal appropriate orientation prior to their assignments and additional training as needed.
5.16. Firearms. Prior to assignment to a post involving possible use of a firearm, all personnel authorized to use firearms shall receive appropriate firearm training; this training shall cover the use, safety, care, and constraints involved in the use of firearms. All authorized personnel shall be required to achieve Division of Corrections certification requirements.
5.17. Chemical Agents. All personnel authorized to use chemical agents shall be thoroughly trained in their use and in the treatment of individuals exposed to the chemical agent.
5.18. Use of Force. All security and custodial personnel shall be trained in self-defense, passive restraining and use of force to control inmates.
5.19. Continuing Education. The correctional facility shall provide administrative leave and/or reimbursement for employees attending professional meetings, seminars and/or similar work-related activities approved by the Chief Executive Officer, with concurrence of the Commissioner of Corrections.
W. Va. Code R. § 95-2-6 Management Information and Research
6.1. System of Information. The correctional facility shall contribute to, have access to, and use an organized system of information storage, retrieval and review that is part of an overall research and decision-making capacity, relative to both inmate and operational needs.
6.2. System Access. The information system shall specify those persons who have direct access to it and shall provide internal security to prevent unauthorized access.
6.3. Collaboration. The correctional facility and the Division of Corrections shall cooperate with criminal justice and service agencies in information gathering, exchange and standardization.
6.4. Correctional Facility Evaluation. The correctional facility shall develop standard evaluation criteria which consider the nature of events to be counted, the categorization of behaviors and degrees of seriousness to be included, and the duration of the follow-up period. Its system to measure the degree of internal order shall include, but not be limited to the following:
6.4.1. The escape rate;
6.4.2. The frequency and number of assaults on staff;
6.4.3. Group disturbances by inmates;
6.4.4. Assaults and homicides by inmates;
6.4.5. Weapons and/or illegal drugs found; and,
6.4.6. Major and minor disciplinary actions.
When management data concerning offenders is compiled, it shall allow for categorization by age, sex, race, offense and prior record.
6.5. Population Reports. The Chief Executive Officer shall receive, at least quarterly, reports and summaries of the characteristics, movement and status of the inmate population from those responsible for the information system and research programs.
6.6. System Evaluation. A written evaluation of the effectiveness of the overall information system, as it relates to the management of the facility, shall be prepared at least annually.
6.7. Correctional Facility Program Evaluation. The correctional facility's programs shall be analyzed and evaluated, at least every two years, to determine their contribution to the mission of the correctional facility.
6.8. Research Findings. The conduct of research in the correctional facility shall comply with state and federal guidelines for the use and dissemination of research findings and with accepted professional and scientific ethics.
6.9. Approval of Research. The Chief Executive Officer shall review and approve all correctional facility research projects in conformity with the policy of the Division of Corrections prior to their implementation.
6.10. Inmate Participation. Written policies and procedures shall govern voluntary inmate participation in nonmedical, nonpharmaceutical and noncosmetic research programs.
W. Va. Code R. § 95-2-7 Records
7.1. Record Management. The Division of Corrections shall develop procedures governing case record management which shall include, but not be limited to these areas: establishment; utilization; content; privacy; security; preservation; and, a schedule for retiring or destroying inactive case records. These policies and procedures shall be reviewed annually by the Division of Corrections.
7.2. Inmate Case History. The correctional facility shall maintain a cumulative case history on each inmate. All data in the file shall be verified and maintained in accordance with applicable state and federal rules and regulations regarding security and confidentiality.
7.3. Case Record Content. The contents of case records shall be identified and separated according to an established format.
7.4. Master Index. Staff shall maintain an up-to-date master index identifying all inmates who are on the grounds, temporarily off the grounds, in a satellite unit, or who have escaped. Information on the status and whereabouts of each inmate shall be readily available to administrative and supervisory personnel so that security and control can be maintained, and when appropriate, accurate information provided outside agencies.
7.5. Case Record Access. The correctional facility shall establish procedures to limit access to case records to persons and public agencies that have both a "need to know" and a "right to know" and that can demonstrate that access to the information will serve a criminal justice purpose. Written guidelines shall regulate inmate access to records.
7.6. Consent Form. The administration shall use a consent form which complies with applicable federal or state rules and regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information as required by statute or rule or regulation and a copy of the form shall be maintained in the inmate's case record.
7.7. Transfer of Records. Procedures shall provide that when an inmate is transferred from one correctional facility to another, the inmate's updated case file is simultaneously transferred, or transferred within 72 hours. This procedure shall also include the transfer of medical files.
7.8. Population Movement Sheet. Official daily movement sheets shall detail the number and types of admissions and releases each day and the count at the close of the day.
7.9. Inmate Time. Case files shall provide a continual and accurate record of the inmate's time. Proper notification to all appropriate parties shall accompany any change reflected in the record.
W. Va. Code R. § 95-2-8 Physical Plant
8.1. General. All new correctional facilities shall be designed, constructed, maintained and operated in accordance with the standards and requirements set out and established by the State Fire Code, 87CSR1. All existing correctional facilities shall comply with the rules set forth for existing correctional facilities in the State Fire Code, 87CSR1.
8.2. Safety of Occupants. Because the safety of all occupants in all detention and correctional facilities cannot be adequately assured solely by a dependence upon evacuation from the building, their protection from fire shall be provided by the appropriate arrangement of facilities, an adequately trained staff, and the careful development of operating, security and maintenance procedures to include the following:
8.2.1. Proper design, construction and compartmentalization;
8.2.2. Provisions for fire detection, alarms and extinguishment;
8.2.3. Fire prevention programs which include planning, training, and drills covering such protection activities as: isolation of the fire; transfer of occupants to areas of refuge; evacuation of the facility; or measures for in-place protection of the occupants; and,
8.2.4. Security provisions to the degree necessary to provide for the safety of both the occupants of the facility and the general public.
8.3. State Fire Marshal Review. Plans and specifications for all new correctional facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
8.4. State Fire Marshal Certificate. No correctional facility shall be occupied until a certificate of occupancy is issued by the State Fire Marshal's Office.
8.5. Housing Units. Correctional Facilities of more than 500 inmates shall be subdivided into units of not more than 500 inmates each which are staffed by a unit manager and the number and variety of personnel required to provide the program services and custodial supervision needed for each unit.
8.6. Population Capacity. The population assigned to housing units shall not exceed the rated bed capacity of the facility.
8.7. Single Occupancy. Only one inmate shall occupy a room or cell designed for single occupancy which has a floor area of at least 60 square feet, provided the inmate spends no more than 10 hours per day locked in. When confinement exceeds 10 hours per day, there shall be at least 70 square feet of floor space.
8.8. Environment. Each room or cell shall have, at a minimum, access to the following facilities and conditions:
8.8.1. A toilet above floor level which is available for use without staff assistance 24 hours a day;
8.8.2. A wash basin with hot and cold running water;
8.8.3. A bed above floor level, a desk, hooks or closet space, and a chair or stool;
8.8.4. Natural light;
8.8.5. Lighting of at least 20 foot candles at desk level and in the personal grooming area;
8.8.6. Circulation of at least 10 cubic feet of outside or recirculated filtered air per minute per human occupant;
8.8.7. Temperatures that are appropriate to the summer and winter comfort zones; and,
8.8.8. Noise levels that do not exceed 70 decibels in daytime and 45 decibels at night.
8.9. Multiple Occupancy. Where used, multiple occupancy rooms shall normally house no less than four and no more than 50 inmates each. Inmates shall be screened prior to admission for suitability to group living. Multiple occupancy rooms shall provide for:
8.9.1. Continuing observation by staff;
8.9.2. A minimum floor area of 50 square feet per occupant in the sleeping area and a clear floor to ceiling height of not less than eight feet;
8.9.3. Toilet and shower facilities at a minimum of one operable toilet and shower for every eight inmates;
8.9.4. One operable wash basin with hot and cold running water for every six inmates;
8.9.5. Natural lighting;
8.9.6. Beds above floor level, a desk or writing surface, and a chair or stool;
8.9.7. A locker for each occupant;
8.9.8. Lighting of at least 20 foot candles at desk level and in the personal grooming area;
8.9.9. Circulation of at least 10 cubic feet outside or recirculated air per minute per occupant;
8.9.10. Temperatures that are appropriate to the summer and winter comfort zones; and,
8.9.11. Noise levels that do not exceed 70 decibels in daytime and 45 decibels at night.
8.10. Minimum Security Housing. Minimum security correctional facilities, or minimum security areas within larger correctional facilities shall provide individual rooms with either key control shared by the occupants and staff, or continuous access to toilet and shower facilities and hot and cold running water, including drinking water. Rooms shall also provide the following facilities and conditions:
8.10.1. A minimum floor area of 60 square feet;
8.10.2. A bunk above floor level, a desk, hooks, or closet space, and a chair or stool;
8.10.3. Natural lighting;
8.10.4. Lighting of at least 20 foot candles at desk level and in the personal grooming area;
8.10.5. Circulation of at least 10 cubic feet of outside or recirculated filtered air per minute per occupant;
8.10.6. Temperatures that are appropriate to the summer and winter comfort zones; and,
8.10.7. Noise levels that do not exceed 70 decibels in daytime and 45 decibels at night.
8.11. Segregation Rooms. Segregation rooms shall provide living conditions that approximate those of the general inmate population. Any exceptions shall be clearly documented. Segregation housing units shall provide for the following:
8.11.1. Single occupancy rooms or cells with a floor area of at least 70 square feet;
8.11.2. A bed above floor level, a desk or writing space and a stool;
8.11.3. Continuous access to above floor toilet facilities;
8.11.4. Hot and cold running water;
8.11.5. Natural light;
8.11.6. Lighting with at least 20 foot candles at desk level and in the personal grooming area;
8.11.7. Circulation with at least 10 cubic feet outside or recirculated, filtered air per minute per occupant;
8.11.8. Temperatures that are appropriate to the summer and winter comfort zones; and,
8.11.9. Noise levels that do not exceed 70 decibels in daytime and 45 decibels at night.
8.12. Segregation Observation. The segregation room shall have doors which permit observation by staff.
8.13. Day Rooms. Day rooms equivalent to a minimum of 35 square feet per inmate shall be available to all inmates for reading, writing or tables games. Tables shall be provided which may also be used for dining. Adequate seating shall also be provided.
8.14. Exercise Area. Space outside the cell or room shall be provided for inmate exercise.
8.15. Visitation Area. There shall be a visiting room or area for contact visiting and, if necessary, a visiting area of noncontact visiting, both of which provide a reasonable degree of privacy.
8.16. Commissary Area. An area shall be provided where inmates can purchase personal items. The size of the commissary shall be commensurate with the size of the inmate population. When security consideration dictate, a staff member may take moveable carts to cell blocks or orders may be placed for delivery instead.
8.17. Watch Tower. If the correctional facility has watch towers, they shall be placed so that they permit an unobstructed view of the grounds and perimeter and shall be equipped with the weaponry, lighting, sighting and communication devices necessary for effective execution of their function.
8.18. Administrative Area. Space shall be provided for administrative, custodial, professional and clerical staff; this space shall include conference rooms, storage room for records, a public lobby and toilet facilities.
8.19. Handicapped Housing. Severely physically handicapped inmates may be housed in special facilities. When the correctional facility accepts handicapped individuals, provision shall be made for their housing and for their use of facility resources.
8.20. Janitor Closets. Space shall be provided for janitor closets, which shall be equipped with a sink and cleaning implements.
8.21. Storage Rooms. There shall be storage rooms in the correctional facility for clothing, bedding and cleaning supplies.
8.22. Inmate Property Storage. Safe and secure storage shall be available to ensure accountability for the personal property of inmates.
8.23. Mechanical Equipment. Sufficient space shall be provided for equipment needed for heating, ventilating, air conditioning, water supply, waste removal, electricity, communications, etc.
8.24. Preventive Maintenance. There shall be a written plan for preventive maintenance of the physical plant which provides for emergency repairs or replacement in life threatening situations.
8.25. Indoor Exercise Space. There shall be a separate indoor space for vigorous exercise in inclement weather; this space shall be at least large enough to accommodate inmates who wish to lift weights, play volleyball, do calisthenics, etc.
8.26. Outdoor Recreation Space. There shall be a minimum of two acres of outdoor recreation space for each inmate unit of up to 500 inmates; additional outdoor recreation space shall be provided at the rate of 90 square feet per inmate over 500.
W. Va. Code R. § 95-2-9 Safety and Emergency Procedures
9.1. Policies and Procedures. Written policies and procedure shall be adopted specifying the correctional facility's fire prevention regulation, policies, procedures and practices. For purposes of clarification and identification these policies and procedures of fire prevention are divided into two classifications:
9.1.1. General requirements applicable to all occupancies covered by the State Fire Code; and,
9.1.2. Specific detention and correctional occupancies.
9.2. General Requirements. The following includes the general requirements applicable to all occupancies covered by the State Fire Code.
9.2.1. Construction, Repair and Improvement Operations. Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, ladders or other approved means or devices arranged in accordance with the general principles of the State Fire Code insofar as they can reasonably be applied to buildings under construction. Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building of normally low or ordinary hazard classification while the building is occupied only if the conditions of use and safeguards provided are such as not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.
9.2.2. Reliability of Means of Egress. Every required exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.
9.2.3. Furnishings and Decorations. Furnishings and decorations in the means of egress are subject to the following:
9.2.3.a. No furnishings, decorations, or other objects shall be placed in any manner to obstruct exits or visibility;
9.2.3.b. Hangings or draperies shall not be placed over exit doors or otherwise located as to conceal or obscure any exit. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit; and,
9.2.3.c. There shall be no obstruction by railing, barriers, or gates that divide the open space into sections appurtenant to individual rooms, apartments, or other uses. Where the Chief Executive Officer finds the required path of travel to be obstructed by furniture or other movable objects, he or she may require that railings or other permanent barriers be installed to protect the path of travel against encroachment.
9.2.4. Equipment Maintenance and Testing. Equipment maintenance and testing shall include the following:
9.2.4.a. Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door, and any other item of equipment required by this rule shall be continuously maintained in proper operating condition;
9.2.4.b. Any equipment requiring testing or periodic operation to assure its maintenance shall be tested or operated as specified elsewhere in this rule or as directed by the authority having jurisdiction;
9.2.4.c. Systems shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and who has general charge of all alterations and additions;
9.2.4.d. Systems shall be tested at intervals recommended by the appropriate standards listed in the National Fire Protection Association (NFPA) Fire Code;
9.2.4.e. Automatic Sprinkler Systems. All automatic sprinkler systems required by this rule shall be maintained in operating condition at all times, and such periodic inspections and tests shall be made as are necessary to assure proper maintenance; and,
9.2.4.f. Alarm and Fire Detection Systems. Fire alarm signaling equipment shall be restored to service as promptly as possible after each test or alarm and shall be kept in normal condition for operation.
9.2.5. Furnishings, Decorations and Treated Finishes. Furnishings, decorations and treated finishes are subject to the following:
9.2.5.a. Draperies, curtains and other similar furnishings and decorations shall be flame resistant where required by the applicable provisions of the State Fire Code 87CSR1. The materials required in this paragraph are to be tested in accordance with Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA 701, and shall comply with both the small and large-scale tests;
9.2.5.b. Furnishings or decorations of an explosive or highly flammable character shall not be used; and,
9.2.5.c. Fire retardant paints or solutions shall be renewed at such intervals as necessary to maintain the necessary flame retardant properties.
9.2.6. Fire Exit Drills. Fire drills are subject to the following:
9.2.6.a. Fire exit drills conforming to the provisions of the State Fire Code (87CSR1) shall be regularly conducted in occupancies where specified by the provisions of the Code;
9.2.6.b. Fire exit drills, where required by the authority having jurisdiction, shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine;
9.2.6.c. The Chief Executive Officer shall assign responsibility for the planning and conduct of drills to a competent person qualified to exercise leadership;
9.2.6.d. In the conduct of drills emphasis shall be placed upon orderly evacuation under proper discipline rather than upon speed;
9.2.6.e. Drills shall include suitable procedures to make sure all persons in the building, or all persons subject to the drill, actually participate; and,
9.2.6.f. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions prevalent in case of fire.
9.3. Detention and Correctional Occupancies. This subsection includes requirements specifically directed to detention and correctional occupancies.
9.3.1. Attendants, Evacuation Plan, Fire Exit Drills. Attendants, evacuation plan, and fire exit drills shall include the following:
9.3.1.a. Detention and correctional facilities, or those portions of facilities having such occupancy, must be provided with 24-hour staffing on any floor level having residency and located within 100 feet (30.48M) of the accessway to any housing area. Under Use Conditions III, IV and V, as defined in the NFPA Life Safety Code for classification of correctional occupancies, audio monitoring shall be provided for every sleeping space;
9.3.1.b. The administration of every detention and correctional facility shall have in effect and provided to all supervisory personnel, written copies of a plan for the protection of all persons in the area in event of fire and for their evacuation to areas of refuge and from the building where necessary. All employees shall be periodically instructed and kept informed respecting their duties under the plan;
9.3.1.c. Books, clothing and other combustible personal property allowed in sleeping rooms shall be stored in closeable metal lockers or fire resistant containers; and,
9.3.1.d. The amount of heat producing appliances (such as toasters, hot plates, etc.) and the overall use of electrical power within a sleeping room shall be controlled by facility administration.
9.3.2. Furnishings and Decorations. Furnishings and decorations are subject to the following:
9.3.2.a. Furnishings and decorations in detention and correctional occupancies shall be in accordance with the provisions the NFPA Life Safety Code Operating features;
9.3.2.b. Combustible decorations are prohibited in any detention or correctional occupancy unless flame retardant;
9.3.2.c. Wastebaskets and other waste containers shall be of noncombustible or other approved materials;
9.3.2.d. Furnishings, such as mattresses and upholstered or cushioned furniture shall not be of a highly flammable character; and,
9.3.2.e. Window draperies, curtains for decoration or acoustical purposes and privacy curtains shall be noncombustible or rendered and maintained flame resistant as per Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA 701.
9.3.3. Keys. All keys necessary for unlocking doors installed in a means of egress shall be individually identified by both touch and sight.
9.3.4. Storage of Flammable, Toxic and Caustic Material. Written policies and procedures shall govern the storage and use of all flammable, toxic, and caustic material ensuring that inmates are never in possession of items such as lye, insecticide, anti-freeze and denatured alcohol, unless they are under constant supervision by qualified personnel. These materials shall be stored in secure areas that are inaccessible to inmates; a prescribed system shall be used to account for their distribution.
9.3.5. Fire and Safety Officer. An administrative staff member shall be appointed as Fire and Safety Officer. This officer is responsible for monthly inspection of the correctional facility and development of Standing and Emergency Operating Procedures relating to fire and safety, and for staff and safety training.
9.3.6. Inspection. Each correctional facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
W. Va. Code R. § 95-2-10 Security and Control
10.1. Policies and Procedures Manual. There shall be a manual containing all of the procedures for correctional facility security and control, and detailed instructions for implementing these procedures. This manual shall be available to all staff and is to be reviewed at least annually and updated if necessary. The manual shall contain information on inmate classification, physical plant inspection, inmate counts, weapons and chemical agent control, contraband, key control, tool and equipment control, cell equipment, emergency procedure, and inmate programs and activities.
10.2. Perimeter Security. The correctional facility's perimeter shall be controlled by an appropriate means to provide that inmates remain within the perimeter and to prevent access by the general public without the appropriate authorization.
10.3. Surveillance. There shall be surveillance of all areas adjacent to the perimeter of the correctional facility.
10.4. Entrance Security. Safety vestibules and sally ports shall constitute the only breaches in the correctional facility's perimeter security.
10.5. Traffic Entry. Pedestrian and vehicular traffic shall enter and leave at designated points in the perimeter.
10.6. Control Center. The correctional facility shall maintain a control center to provide order and security. A central control is essential for integrating various security and communications functions. The control center shall be staffed around the clock, and access to it should be limited. The control center staff shall monitor and take responsibility for inmate counts, key control and the coordination of the correctional facility's internal and perimeter security network. The control center shall serve also as the communications center for the correctional facility. The control center shall monitor the operation of various systems: fire alarm, public address, smoke and thermal detection, radio, teletype, computer terminal, surveillance alarms, walk and perimeter lighting, and other mechanical and electrical systems.
10.7. Inmate Movement. All inmate movement from one location to another shall be controlled and supervised by staff in the interest of order, control, and expedience. Individual and group inmate movement to and from work and program assignments shall require staff control and supervision.
10.8. Inmate Counts. There shall be at least one inmate count per shift. The officer responsible for maintaining the master count record shall be provided up-to-the-minute information regarding all inmate housing moves and work assignment changes, admissions to the hospital, etc. Adequate checks shall be instituted to allow for human error. All inmates in legal custody shall be accounted for in the master count. All temporary absences from the correctional facility shall be explained in writing.
10.9. Inmate Transportation. Inmate transportation procedures shall be designed to guard against escape and to ensure the well-being of inmates, staff, and the public. Guidelines for transporting inmates shall emphasize safety and shall be made available to all personnel involved in transporting inmates. The correctional facility shall have policies governing the use of restraints.
10.10. Use of Restraints. Instruments of restraint, such as handcuffs, irons, straight jackets, and the like, shall never be applied as punishment, and are to be applied only with the approval of the Chief Executive Officer or his or her designee.
10.11. Use of Firearms. Procedures governing the use of firearms, shall include the following:
10.11.1. Weapons shall be subjected to stringent safety regulations and inspections;
10.11.2. Except in emergency situations, employees carrying firearms shall be assigned only to watchtowers, gun walks, mobile patrols, or other positions that are inaccessible to inmates;
10.11.3. Employees supervising inmates outside the correctional facility perimeter shall follow procedures which specify methods for ensuring the security of weapons;
10.11.4. Employees shall be instructed to use deadly force only after other actions have been tried and found ineffective, unless the employee believes that a person's life is immediately threatened; and,
10.11.5. Employees on duty shall only use firearms issued by the correctional facility and only when directed by or authorized by the Chief Executive Officer or officer in charge.
10.12. Firearms Loading Area. An area shall be designated for the unloading and reloading of firearms for both correctional facility personnel and visiting law enforcement officers to ensure that this process presents the least possible danger.
10.13. Control of Firearms and Security Devices. Designated staff shall determine, based on an analysis of the physical plant, and number and profile of the inmate population, what firearms, chemical agents, and other security devices (such as shields, batons, helmets, gloves, body protectors, etc.) the correctional facility needs. Written policies and procedures shall specify the level of authority required for access to and use of security devices. Chemical agents shall be used only at the direction of the Chief Executive Officer or his or her designee.
10.14. Storage of Firearms and Security Devices. Firearms, chemical agents and related security equipment shall be stored in a secure but readily accessible depository outside inmate housing and activity areas, and shall be inventoried at least monthly to determine their condition and expiration dates.
10.15. Distribution of Firearms and Security Devices. The correctional facility shall maintain a written record of routine and emergency distributions of security equipment.
10.16. Reporting Use of Weapons. Personnel discharging firearms, using chemical agents or any other weapon, or using force to control inmates shall submit written reports to the Chief Executive Officer or his or her designee no later than the conclusion of the tour of duty.
10.17. Search Plans.
10.17.1. Correctional facility search plans and procedures shall include the following:
10.17.1.a. Unannounced and irregularly timed searches of cells, inmates, and inmate work areas;
10.17.1.b. Frequent search and careful supervision of inmate trustees;
10.17.1.c. Inspection of all vehicular traffic and supplies coming into the correctional facility;
10.17.1.d. Use of metal detectors at compound gates and entrances into cell blocks; and,
10.17.1.e. Complete search and inspection of each cell prior to occupancy by a new inmate.
10.17.2. The search plan shall provide for the following:
10.17.2.a. Avoidance of unnecessary force, embarrassment or indignity to the inmate;
10.17.2.b. Use of noninvasive sensors and other techniques instead of body searches whenever feasible;
10.17.2.c. Conduct of searches no more frequently than necessary to control contraband or to recover missing or stolen property;
10.17.2.d. Respect of an inmate's right to any property authorized by correctional facility regulations; and,
10.17.2.e. Use of only those mechanical devices absolutely necessary for security purposes.
10.18. Intrusive Body Cavity Inspections. Manual or instrument inspection of body cavities shall be conducted only when there is reason to do so and when authorized by the Chief Executive Officer or his or her designee. This inspection shall be conducted in private by health care personnel.
10.19. Visual Body Cavity Inspections. Visual inspection of inmate body cavities shall be conducted based on a reasonable belief that the inmate is carrying contraband or other prohibited material. The inspection shall be conducted by trained staff in private.
10.20. Contraband Searches. The policy regarding searches for the control of contraband shall be published, made available to staff and inmates, reviewed at least annually, and updated if necessary.
10.21. Key Control. The key control system shall provide a current accounting of the location and possessor of each key. All keys shall be issued from a central control area, and a log shall be used to record the number of each key given out, the location of the lock, the number of keys to that lock, and the names of all employees possessing the key. Keys shall be stored in a manner that permits easy determination of either the presence or absence of keys. Keys shall be returned to the control center daily. All keys shall be numbered, and the correctional facility shall maintain at least one duplicate key for each lock. Fire and emergency keys shall be color-coded and marked for identification by touch. Inmates shall not possess keys other than those to living quarters or work assignments, when appropriate, and to personal lockers.
10.22. Tool Control. Tools and utensils such as hacksaws, welding equipment, butcher knives and barber shears shall be locked in control panels and issued in accordance with a prescribed system. Provision shall be made for checking tools and utensils in and out, and for the control of their use at all times.
10.23. Security of Vehicles. Responsibility and keys for certain vehicles shall be assigned to specific staff, but the pool of vehicles shall be controlled by one person. Written policies and procedure shall state the conditions under which inmates may drive vehicles.
10.24. Personal Vehicles. The use of personal vehicles for official purposes shall be governed by written policy that specifies the conditions for their use and the limits of the correctional facility's liability.
10.25. Post Orders. Written orders shall specify the duties of each post and the procedures to be followed to carry out the assignment. Copies of the post orders shall be available for all employees.
10.26. Use of Post Orders. Procedures shall provide for personnel to read the appropriate post order each time they assume a new post and to sign and date the post order.
10.27. Supervisory Staff Inspection. Line supervisory staff shall visit and inspect every area of the correctional facility daily, including weekends and holidays. Matters requiring further attention, such as staff and inmate concerns, faulty, unsafe or dirty conditions, etc., shall be reported in writing to the appropriate official for review and further action.
10.28. Maintenance Procedure. There shall be a scheduled maintenance procedure to ensure that all bars, locks, windows, doors, and other security devices are fully operational. Emergency keys shall be checked at least quarterly to make sure that they are in working order. Results of all inspections shall be submitted in writing to the chief executive officer and/or the officer in charge of security.
10.29. Staff Inspections. Procedures shall require that the Chief Executive Officer or his or her designee, the chief custodial officer, the chief medical officer or health staff designee, and/or other department heads inspect the correctional facility's living and activity areas at least weekly.
10.30. Inmate Control. Procedures shall provide that no inmate or group of inmates is given control or authority over other inmates.
10.31. Use of Physical Force. Procedures shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, and prevention of escapes, as a last resort and in accordance with appropriate statutory authority. In no event is physical force justifiable as punishment. A written report shall be prepared following all uses of force and submitted to the administrative staff for review.
10.32. Shift Logs. Correctional Officers shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
10.33. Medical Treatment. All persons injured in an incident shall receive an immediate medical examination and treatment.
10.34. Escape Procedure. Procedures regarding escapes shall be reviewed at least annually and updated if necessary by the Chief Executive Officer. These procedures shall include the following:
10.34.a. Prompt reporting of the escape to the Chief Executive Officer;
10.34.b. Mobilization of employees;
10.34.c. Implementation of a predetermined search plan;
10.34.d. Notification of law enforcement agencies, community groups, and interested media;
10.34.e. Preparation of escape circulars for distribution and mailing; and,
10.34.f. After capture of the escapee, prompt notification of all who were previously alerted to the escape.
10.35. Emergency Plans. Written plans shall specify procedures to be followed in situations which threaten correctional facility security, including, but not limited to, riots, hunger strikes, disturbances, and taking of hostages. These plans shall be made available to all applicable personnel, and reviewed and updated at least annually.
10.36. Emergency Units. Where there is a special unit of employees to assist in the event of disturbances, those employees shall be selected and evaluated according to written criteria and shall receive special training in methods of negotiation and confrontation. The unit shall be activated only by the Chief Executive Officer or his or her designee.
10.37. Contingency Plans. A written plan shall provide for continuing operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, and they shall be required to familiarize themselves with it.
10.38. Emergency Communications. In emergency situations, when conventional means of communication, such as telephones, are disrupted, the facility shall have available walkie-talkies, and/or a radio base station, receivers, and transmitters, or other independent mechanical means of communication, in order to maintain constant contact with the outside community.
W. Va. Code R. § 95-2-11 Special Management Inmates
11.1. Segregation Units. Procedures shall provide for the operation of segregation units for the supervision of inmates under administrative segregation, protective custody, and disciplinary segregation.
11.2. Immediate Detention. The Chief Executive Officer or shift supervisor shall have authority to order immediate detention only if a dangerous condition exists that seriously threatens either the safety of the inmate, the correctional facility or other persons. No inmate temporarily confined may continue in confinement longer than 72 hours without a disciplinary hearing.
11.3. Disciplinary Segregation. Inmates shall be placed in disciplinary segregation for a rule violation only after a hearing, a finding of guilty, and disposition by the designated disciplinary authority.
11.4. Administrative Segregation. Placement in administrative segregation shall be preceded by the inmate receiving notice of the intended placement, appearance at a hearing, and an opportunity to present his or her case to the hearing officer(s).
11.5. Review of Status. Procedures shall provide for a review of the status of inmates in administrative segregation and protective custody by the classification committee or other authorized staff group every 30 days.
11.6. Release from segregation. An inmate shall be released from administrative segregation by action of the appropriate authority with jurisdiction over the inmate's placement in this status.
11.7. Protective Custody. Inmate admission to the segregation unit for purpose of protective custody shall be made only when there is documentation that protective custody is warranted and no reasonable alternatives are available.
11.8. Environment. All inmates in segregation shall be provided prescribed medication, clothing that is not degrading, and access to basic personal items for use in their cells, unless there is imminent danger that an inmate or any other inmate(s) will destroy an item or induce self-injury.
11.9. Deprivation of Item of Activity. Whenever an inmate in segregation is deprived of any unusually authorized item or activity, a written report of the action shall be made for the master file and forwarded to the chief security officer.
11.10. Meals. Procedures shall require that inmates in segregation receive meals of equal quality and quantity as those served to the general population.
11.11. Personal Hygiene. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, including the opportunity to shave and shower daily, unless procedures present an undue security hazard. Inmates shall be provided a toothbrush, toothpaste, soap, towels, shaving materials, shampoo and a comb.
11.12. Clothing and Linen. Procedure shall provide for the issuance and exchange of clothing, bedding and linen and for laundry, barbering and hair care services for inmates in segregation on the same basis as inmates in the general population; exceptions shall be permitted only where found necessary by the senior officer on duty, and shall be recorded in the unit log and justified in writing.
11.13. Mail. Inmates in segregation shall be provided the same opportunities for the writing and receipt of letters as those available to the general inmate population. Letters shall be delivered promptly. If any item consistent with policies and procedures is rejected, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.
11.14. Visitation. Inmates in segregation shall be provided opportunities for visitation, consistent with classification and other correctional facility visitation policies. An adequate visitation area with tables and chairs shall be provided, where appropriate.
11.15. Telephone. Inmates in administrative segregation, disciplinary segregation and protective custody shall be allowed telephone privileges.
11.16. Legal Materials. Inmates in segregation shall have access to legal materials at least three times per week.
11.17. Reading Materials. Inmates in segregation shall have access to books, magazines and writing materials.
11.18. Exercise. Inmates in segregation shall receive a minimum of one hour per day, seven days per week, of outdoor exercise. A written record shall be kept of each inmate's participation in the exercise program.
11.19. Programs and Services. Inmates in administrative and protective custody shall have access to programs and services that include, but are not limited to the following: educational services, commissary services, library services, social services, counseling services, religious guidance, and recreational programs. Inmates in the administrative segregation unit shall be allowed to participate in facility programs to the same extent as the general inmate population. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.
11.20. Permanent Log. Admissions of all inmates to segregation units shall be recorded with information on the inmate's name, number, housing location, admission date, type of infraction or reason for admission, tentative release date, and special medical or psychiatric problems or needs. The log also shall be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.
11.21. Staff Visits. Inmates in segregation shall receive daily visits from the chief security officer or shift supervisor, members of the program staff upon request, or a qualified health care official, unless medical attention is needed more frequently.
W. Va. Code R. § 95-2-12 Food Service
12.1. Menu Review. There shall be documentation that the menu is reviewed by a registered dietician on at least a quarterly basis to insure that the food allowances required for basic nutrition are met. Menu evaluations shall be conducted at least monthly by correctional facility food service supervisory staff to verify adherence to the established basic daily servings.
12.2. Menu Planning. Food service staff shall develop planned menus in advance, and substantially follow the schedule. In the planning and preparation of all meals, food flavor, texture, temperature, appearance and palatability shall be taken into consideration.
12.3. Therapeutic Diets. Therapeutic diets shall be available upon medical authorization. Specific diets shall be prepared and served to inmates according to the orders of the treating physician or dentist, or as directed by the responsible health authority. Medical diet prescription shall be specific and complete, furnished in writing to the food service manager, and rewritten monthly. Special diets shall be kept as simple as possible and should conform as closely as possible to the foods served other inmates.
12.4. Religious Diets. Religious diets shall be approved by the chaplain and warden. Religious diet prescriptions shall be specific and complete, furnished in writing to the food service manager, and rewritten monthly. Special diets shall be kept as simple as possible and shall conform as closely as possible to the foods served other inmates.
12.5. Management. A full-time staff member, experienced in food management, shall supervise food service operations. This staff member shall have the resources, authority and responsibility to provide for the correctional facility's complete food service, including three meals a day that are nutritionally adequate, palatable and attractive, and which are produced under sanitary conditions, at reasonable costs. The food service manager shall have a minimum of three years experience in food management.
12.6. Health Protection. Procedures shall provide for adequate health protection for all inmates and staff in the correctional facility, and inmates and other persons working in food service with the following requirements:
12.6.a. A preassignment medical examination of all persons involved in the preparation of food, and periodic examinations thereafter, shall be conducted to insure freedom from diarrhea, skin infections, and other illnesses transmissible by food or utensils; all examinations shall be conducted in accordance with local requirements regarding restaurant service employees in the community.
12.6.b. When the correctional facility's food services are provided by an outside agency or individual, the correctional facility must have written verification that the outside provider complies with the state and local regulations regarding food service; and,
12.6.c. All food handlers shall be instructed to wash their hands upon reporting to duty and after using toilet facilities.
12.7. Code Compliance. There shall be documentation by an independent, outside source that food service facilities and equipment meet established governmental health and safety codes.
12.8. Inspections. Procedures shall require weekly inspections of all food service areas, including dining and food preparation areas and equipment. Refrigerator and water temperatures shall be checked on a daily basis by administrative, medical or dietary personnel.
12.9. Group Dining. Space shall be provided for group dining except when security or safety consideration justify otherwise.
12.10. Meal Schedule. At least three meals, of which two are hot meals, shall be provided at regular meal times during each 24-hour period, with no more than 13 hours between the evening meal and breakfast.
12.11. Meal Service. All inmates and staff, except those on special medical or religious diets, shall eat the same meals. Food shall not be withheld, nor the standard menu varied, as a disciplinary sanction for an individual inmate. This standard does not preclude rewarding groups of inmates with special foods in return for special services or under special circumstances. Food not prepared on a regular basis may also be used on seasonal food patterns.
12.12. Meal Records. A uniform system shall be established to record the number, cost, and type of meals served inmates, employees, guests, and visitors. These records shall be required for fiscal accounting, dietary purposes, and budget planning. Employees, guests, and visitors shall be served the same food inmates are served. Food service records shall include the published menus, information on waste, food costs and nutritional accounting, and notation of food products raised or produced in the system.
12.13. Budget. The food service operations shall use budgeting, purchasing and accounting practices that include, but are not limited to, the following systems:
12.13.a. Food expenditure cost accounting designed to determine cost per meal;
12.13.b. Estimation of food service requirements;
12.13.c. Purchases of supplies at wholesale prices and under other favorable conditions, when possible;
12.13.d. Determination of and responsiveness to inmate eating preference; and,
12.13.e. Refrigeration and storage of food, with specific storage periods.
W. Va. Code R. § 95-2-13 Sanitation and Hygiene
13.1. Responsibility. Correctional facility authorities shall maintain the facility in a condition that is clean, healthful and sanitary, and which conforms to all applicable health laws and rules. The use and possession of tobacco, tobacco products and tobacco-like products is prohibited in all facilities jointly operated by the Regional Jail and Correctional Facility Authority and the Division of Corrections, and may be permitted in designated areas of correctional facilities operated exclusively by the Division of Corrections at the discretion of the correctional facility's Chief Executive Officer.
13.2. Maintenance. Correctional facility authorities shall develop and implement a plan for the maintenance of an acceptable level of cleanliness and sanitation throughout the correctional facility. The plan shall provide for a regular schedule of housekeeping tasks and inspections which shall include, but not limited to, the following:
13.2.a. The daily cleaning of toilets, showers and sinks;
13.2.b. The daily cleaning of floors;
13.2.c. The emptying and cleaning of receptacles provided for cigarettes, if permitted, and other refuse each day and provision for adequate trash removal;
13.2.d. The scrubbing and rinsing of living units, washing of windows, cleaning of janitor's closets, and dusting of bars, screens and ledges on a regular basis;
13.2.e. The contracting of extermination services to be performed with sufficient frequency and thoroughness to keep the facility free of insects and vermin. Services shall include, at a minimum, monthly inspections by qualified persons; and,
13.2.f. The cleaning and sanitary maintenance of all kitchen areas and all equipment.
13.3. Facility Inspection. The correctional facility shall be inspected at least annually by appropriate government officials to ensure the health of personnel and inmates. In addition to the regular inspections by governmental officials, all correctional facility areas shall be inspected at least weekly by a designated staff member, who shall submit a written report to the Chief Executive Officer, documenting deficiencies whenever they occur.
13.4. Potable Water. The correctional facility's potable water source and supply, whether owned and operated by the public water department or the correctional facility, shall be certified by an independent, outside source to be in compliance with state laws and rules.
13.5. Housekeeping Plan. A written housekeeping plan for all areas of the facility's physical plant shall provide for daily housekeeping and regular maintenance by assigning specific duties and responsibilities to staff and inmates. Sufficient cleaning equipment and supplies shall be provided to maintain the facility in a clean condition.
13.6. Vermin and Pest Control. Licensed pest control professionals shall be readily available to the correctional facility to conduct regular monthly inspections to identify pest problems and eradicate by whatever means is effective any insects, rodent or vermin which are found.
13.7. Waste Disposal. Liquid and solid wastes shall be collected, stored and disposed of in a manner that will avoid nuisance and hazards, and that will protect the health and safety of inmates and staff.
13.8. Clothing Issue. A standard wardrobe shall be provided to all inmates at the time of admission and shall include, as appropriate, shirts, blouses, dresses, trousers, skirts, belts, undergarments, slips, socks, shoes, coats, jackets, and headgear, etc.
13.9. Personal Hygiene Articles. Procedures shall require that articles necessary for maintaining proper personal hygiene are provided to all inmates including, but not limited to, toothpaste, a toothbrush, soap, towels, three razors per month, shaving cream, a comb and when applicable, feminine hygiene articles. Other personal hygiene materials shall be offered for sale in the commissary at wholesale cost, including products requested and used by black inmates.
13.10. Special Clothing. Procedures shall provide for the issuance of special and, when appropriate, protective clothing and equipment to inmates assigned to food service, the hospital, the farm, the garage, the correctional facility's physical plan maintenance shops, and other special work.
13.11. Bedding and Linen. Procedures shall provide for the issuance of suitable, clean bedding, towels and linen, to include two sheets, a pillow and pillowcase, one mattress and sufficient blankets to provide comfort under existing temperature controls. There shall be provision for linen exchange on at least a weekly basis.
13.12. Records. The issuance of all clothing and bedding shall be recorded, and inmates shall be held accountable for its use.
13.13. Bathing Facilities. There shall be sufficient bathing facilities in the housing areas to permit inmates in the general population to shower at least three times per week. Ideally, each inmate shall be permitted to shower daily; however, no inmate shall be permitted to shower less than three time per week. Inmates in special jobs, such as food service, medical, sanitation or mechanical service, shall be encouraged to bathe daily. Hot and cold water shower facilities shall be available in the proportion of at least one shower unit to 15 inmates.
13.14. Thermostatically Controlled Water. Water for showers shall be thermostatically controlled to ensure the safety of the inmates.
13.15. Hair Care. There shall be hair care services available to inmates which comply with applicable health requirements. Hair shall be cut under sanitary conditions and in an area located to permit observation by staff. Equipment shall be stored securely when not in use.
W. Va. Code R. § 95-2-14 Medical and Health Care Services
14.1. Right to Medical Care. All inmates shall have prompt access to necessary medical, dental, and psychiatric care provided in a reasonable manner by licensed personnel. Correctional Facility policies and procedures shall provide for unimpeded access to health care and for a system for processing complaints regarding health care. These policies and procedures which assure access to health care shall be communicated orally and in writing to each inmate upon arrival in the facility.
14.2. Responsibility. Medical, dental, and mental health matters involving clinical judgments are the sole province of the responsible physician, dentist, and psychiatrist or qualified psychologist respectively; however, security regulations applicable to facility personnel also apply to health personnel. The Chief Executive Officer responsible for the facility shall provide the administrative support for the accessibility of health services to inmates.
14.3. Responsible Physician. A responsible physician shall be designated to approve health care policies, procedures and agreements which can include use of hospital emergency rooms. Each correctional facility shall have agreements for 24 hours on-call physician coverage. All physicians and dentists examining or treating inmates shall be licensed to practice in the State of West Virginia.
14.4. On-Site Health Authority. There shall be designated on-site health authorities who are responsible for arranging and making available all health care services. There shall be a health authority on site 24 hours per day. The health authority may be a physician, physician's assistant, registered or licensed practical nurse, nurse practitioner, paramedic, emergency medical technician, or a health-trained staff member. In correctional facilities with an inmate population of 600 or more inmates, a physician must be available on-site for primary care for a minimum of forty hours per week, and proportionately in terms of hours for inmate levels above and below this number.
14.5. Medical Autonomy and Correctional Facility Administration. Medical decisions shall be made only by the responsible physician or his or her designee(s). It shall be made clear to the health authorities and physicians that security regulations which apply to the nonmedical facility staff also apply to them. They shall be provided with a list of these regulations and an orientation to the correctional facility system. The nonmedical staff shall have no role in authorization of medical care.
14.6. Duties and Responsibilities. Appropriate state and federal licensure, certification or registration requirements and restrictions apply to personnel who provide health care services to inmates. The duties and responsibilities of these personnel shall be governed by written job descriptions approved by the responsible physician and the Chief Executive Officer. Verification of current credentials and job descriptions shall be on file in the facility. The provision of quality health care shall be insured by using only qualified health care personnel to determine and supervise health care procedures. Written job descriptions shall include qualifications required and the specific role in the health care delivery system in keeping with the individual's professional training. Verification of qualifications may consist of copies of current credentials.
14.7. Administrative Meetings and Reports. There shall be meetings between the responsible physician and the facility administrator to discuss correctional facility health care at least quarterly. Notes of these meetings shall be kept by the administrator. The responsible physician shall submit quarterly reports on the health care delivery system and annual statistical reports. The quarterly report shall include topics such as the effectiveness of the health care delivery system, a description of any health environment factors which need improvement, any changes effected since the last reporting period and, if needed, recommended corrective action. There shall also be an annual statistical report which shall include the number and nature of sick call visits, diagnostic studies performed, emergency services rendered, specialty referral visits, hospitalizations, special procedures performed, ambulance transfers, communicable diseases reported, and deaths. The annual statistical report shall be submitted to the administrator and Commissioner of Corrections. The responsible physician shall submit an annual appraisal of the correctional facility's health care deliver to the administrator and Commissioner of Corrections.
14.8. Review. Each policy, procedure, and program in the health care delivery program shall be reviewed at least annually by the responsible physician and revised if necessary. Each document shall bear the date of the most recent review or revision and the signature of the reviewer.
14.9. Policies and Procedures. The responsible physician shall write or approve pre-written health policies and procedures at a minimum for the following aspects of correctional facility health care:
14.9.1. Decision-making: special problem patients;
14.9.2. Notification of next of kin;
14.9.3. Postmortem examination;
14.9.4. Minimal staff training requirements;
14.9.5. Emergency services;
14.9.6. Suicide prevention;
14.9.7. Prohibitions;
14.9.8. Receiving screening;
14.9.9. Health appraisal;
14.9.10. Care for persons under the influence of drugs;
14.9.11. Mentally ill;
14.9.12. Psychiatric illness;
14.9.13. Access to treatment, daily health complaints;
14.9.14. Sick call;
14.9.15. Health promotion;
14.9.16. Disease prevention;
14.9.17. Dental Care;
14.9.18. Special medical programs;
14.9.19. Prostheses;
14.9.20. Management of pharmaceutical;
14.9.21. Administration of medications;
14.9.22. Health records;
14.9.23. Transfer of records;
14.9.24. Confidentiality;
14.9.25. Facilities and equipment;
14.9.26. First aid kits;
14.9.27. Informed consent;
14.9.28. Medical research; and,
14.9.29. Serious illness.
14.10. Decision-Making: Special Problem Patients. Before inmates with diagnosed psychiatric or significant medical illness are given housing assignments, work assignments, disciplinary measures, or transfers, consultation between the facility administrator and responsible physician or their designees shall take place to decide on any special precautions or preparations. A list of frequent illnesses which require special arrangements shall be developed. Special diets must be provided when ordered by health personnel and approved by the responsible physician.
14.11. Notification of Next of Kin. Any inmate having any serious illness or injury, or who dies while incarcerated shall, with the explicit consent of the inmate, if possible, have his or her next of kin or legal guardian notified by the facility administrator, the responsible physician, or their designee.
14.12. Postmortem Examination. In the event of an inmate death, the state medical examiner shall be notified immediately. If the cause of death is unknown, or the death occurred under suspicious circumstances, or the inmate was unattended from the standpoint of not being under current medical care, a postmortem examination shall be performed.
14.13. Minimum Staff Training Requirements. Health trained staff is defined as correctional facility personnel who have the equivalent of EMT training and also have received information regarding the symptoms of physical and mental illnesses common to the inmate population (including depression and chemical dependence), basic management of seizures, medication administration, health record maintenance, recognition of potential suicides, ability to respond to health-related situations within four minutes, first aid training and procedures for patient transfers to appropriate medical facilities or health care providers. Training may be effected and approved through the responsible physician. An appropriate training course may be completed in approximately 60-80 hours. Each shift shall include at least one member who has become health-trained as described in this subsection.
14.14. Emergency Services. There shall be twenty-four hour emergency medical care available. By definition, a medical emergency is an acute illness or unexpected health need that must be attended to immediately and cannot be delayed until the next scheduled sick call. The responsible physician shall approve a plan providing for the use of emergency transportation, use of a local hospital emergency department or appropriate health facility with emergency on-call physician services, procedures for the transfer of inmates to other medical facilities and security procedures.
14.15. Suicide Prevention. There shall be a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional. All staff with responsibility for inmate supervision shall be trained in the implementation of the program. Staff are responsible for preventing suicides through intake screening, identification, and supervision of suicide-prone inmates. The staff shall receive special training in the implementation of the suicide prevention program.
14.16. Prohibitions. Inmates shall not be used for the following duties:
14.16.a. Performing direct patient care services;
14.16.b. Scheduling health care appointments;
14.16.c. Determining access of other inmates to health care services;
14.16.d. Handling or having access to surgical instruments, syringes, needles, medications, health records; and,
14.16.e. Operating equipment for which they are not trained.
The prohibitions contained in this subsection, however, shall not preclude inmates from participating in a certified vocational training program. They may perform maintenance and janitorial services under supervision of qualified staff. They shall not operate medical equipment unless appropriately credentialed and licensed, and directly supervised by the responsible physician. Inmates shall not perform direct services such as dental chair-side assistant, unless they are part of a certified vocational training program.
14.17. Receiving Medical Screening. A receiving medical screening appraisal to elicit information pertinent to the inmate's health shall be performed on every inmate at the time of admission. The screening shall be recorded on a form which has been approved by the responsible physician. Screening is a means to discover and prevent health and safety threats to inmates and staff. The goal of receiving screening is to detect any communicable diseases, chemical dependence, suicide potential, or other medical or psychiatric problems before the inmate is placed within the correctional facility population. When the inmate has been transferred from another facility and is accompanied by a previously completed screening form, the form shall be reviewed and verified. Receiving screening shall be conducted by a health-trained staff member. Inmates who are in need of immediate medical attention at the time of admission shall be referred immediately for emergency care after the physician on call has been notified. The screening process shall include at least an inquiry, observations and disposition.
14.17.1. Inquiry. The screening process shall include, but not be limited to, an inquiry into:
14.17.1.a. Current illness and health problems, including dental problems;
14.17.1.b. Venereal diseases and other infectious diseases;
14.17.1.c. Medication taken and special health requirement;
14.17.1.d. Use of alcohol and other drugs which includes types of drugs used, mode of use, amounts used, frequency used, date or time of last use and history of problems which may have occurred after ceasing use (e.g. convulsions);
14.17.1.e. Past and present treatment or hospitalization for mental disturbance or suicide attempts; and,
14.17.1.f. Other health problems designated by the responsible physician.
14.17.2. Observations. The screening process shall include, but not be limited to, observations including:
14.17.2.a. Behavior, which includes state of consciousness, mental status, appearance, conduct, tremor and sweating;
14.17.2.b. Body deformities, trauma markings, bruises, lesions, jaundice, ease of movement, etc.; and,
14.17.2.c. Indications of recent or chronic substance abuse, i.e., needle marks.
14.17.3. Disposition. The screening process shall include disposition to the following:
14.17.3.a. The general population;
14.17.3.b. The general population and referral to appropriate health care services;
14.17.3.c. Referral to appropriate health care services on an emergency basis; and,
14.17.3.d. Medical isolation or special observation.
14.18. Health Appraisal. Within seven days of admission a health appraisal shall be completed for each inmate which shall include a history and examination, recorded on a form approved by the responsible physician. Although a physician, physician's assistant, or nurse practitioner must perform the physical examination, the health history may be collected by a health-trained staff member. The health appraisal shall include:
14.18.1. Review of the earlier receiving screening by the examining clinician;
14.18.2. Collection of additional data to complete the medical, dental, psychiatric and immunization histories;
14.18.3. Administration of laboratory and/or diagnostic tests to detect communicable disease and tuberculosis;
14.18.4. Recording of height, weight, pulse, blood pressure, temperature, and administration of other tests, and examinations; the record shall include comments about mental and dental status;
14.18.5. Review of the results of the medical examination, tests, and identification of problems by a physician; and,
14.18.6. Initiation of therapy when appropriate.
14.19. Care for Persons Under the Influence of Drugs. The responsible physician shall approve policies and procedures for the identification of alcohol and drug dependence as well as subsequent management and/or transfer for the care of persons under a drug influence. Unless the correctional facility has special facilities and constant medical supervision to perform detoxification, the process shall not be performed on site; the inmate shall be transferred to a hospital or community detoxification center designated by the responsible physician. Procedures for adequate care of persons under the influence of drugs include policies and training governing medical screening, observation, referral evaluation, and safety protection.
14.20. Mentally Ill Inmates. Post admission screening and referral for care of mentally ill or retarded inmates whose adaptation to the correctional environment is significantly impaired shall be provided. Psychiatric problems identified, either during receiving screening or after admission, shall be followed up by medical staff. The urgency of the problems determines the responses. Suicidal and psychotic patients are emergencies and require prompt attention. Inmates awaiting emergency evaluation shall be housed in a specially designated area with constant supervision by trained staff. Inmates shall be held for only the minimum time necessary before emergency care is rendered. All sources of assistance for mentally ill and retarded inmates shall be identified in advance of need, and referrals shall be made on all cases. No person shall be housed solely on account of involuntary commitment proceedings instituted pursuant to W. Va. Code '27-5-1 et seq.
14.21. Mental Health Evaluation. A comprehensive individual mental health evaluation shall be performed on specially referred inmates by a multi-disciplinary mental health team. The evaluation shall be completed within fourteen days after the date of referral, and shall include at least the following elements:
14.21.1. A review of mental health screening and appraisal data;
14.21.2. The collection and review of additional data from staff observation, individual diagnostic interviews and tests assessing intellect and coping abilities;
14.21.3. The compilation of the individual's mental health history; and,
14.21.4. The development of an overall treatment and/or management plan with appropriate referral.
14.22. Psychiatric Illness. There shall be consultation between the facility administrator and the responsible physician or their designees prior to the following actions being taken regarding patients who are diagnosed as having a psychiatric illness:
14.22.1. Housing assignments;
14.22.2. Program assignments;
14.22.3. Disciplinary measures; and,
14.22.4. Transfers in and out of the correctional facility.
14.23. Detoxification. Procedures shall require that gradual detoxification from alcohol, opiates, hypnotics, and other stimulants, and sedative hypnotic drugs be effected as follows:
14.23.1. When performed at the facility, detoxification shall be performed under medical supervision; and,
14.23.2. When not performed in the facility, arrangements shall be made for detoxification to be conducted in a hospital or community detoxification center.
14.24. Chemical Dependency. Procedures shall guide the clinical management of chemically dependent inmates with the following requirements:
14.24.1. Diagnosis of chemical dependency by a physician;
14.24.2. Determination by a physician as to whether an individual requires non-pharmacologically or pharmacologically supported care;
14.24.3. Individualized treatment plans which are developed and implemented by a multi-disciplinary team;
14.24.4. Referrals to specified community resources upon release when appropriate; and,
14.24.5. For purposes of this rule only, the use of or the withdrawal from the use of nicotine shall not be considered to be a chemical dependency or otherwise qualify the inmate for medical or psychological treatment or counseling.
14.25. Access to Treatment. Each inmate, at the time of admission, shall be given orally and in writing, information concerning the right to medical treatment. The information sheet shall be approved by the responsible physician and shall include procedures for registering complaints and the correctional facility's sick call schedule.
14.26. Daily Health Complaints. Inmate's health complaints shall be solicited daily and acted upon without delay by trained personnel such as a licensed nurse or registered nurse and followed by appropriate triage and treatment by qualified personnel. Triage is the sorting and allocation of treatment of patients according to priorities of need.
14.27. Sick Call. Sick call is the system through which each inmate reports for and receives appropriate medical services for non-emergency illness or injury. Inmates shall have daily access to sick call forms which will be reviewed that day by the health authority or other person designated by the responsible physician. All complaint forms will become part of the inmate's health record. Sick call shall be performed by a licensed physician, physician's assistant, registered nurse or other person designated by the responsible physician. Sick call is a designated time to see non-emergency problems. Minimum frequency of sick call should be as follows:
14.27.1. In facilities with fewer than fifty inmates, one day per week;
14.27.2. In facilities with fifty to one hundred inmates, two days per week;
14.27.3. In facilities with one hundred to two hundred inmates, three days per week; and,
14.27.4. In facilities with more than two hundred inmates, five days per week.
If an inmate's custody status precludes attendance at sick call, arrangements shall be made to provide sick call services in the place of the inmate's detention.
14.28. Continuity of Care; Surgery. Inmates shall be provided all needed follow-up care, laboratory services, physical therapy, physical aids and surgery, other than cosmetic surgery, as needed including referral to community care.
14.29. Use of Restraints or Isolation for Out of Control Residents. The responsible physician shall approve a plan guiding the use of restraints or isolation and providing for mental health personnel to evaluate inmates who are repeatedly out of control or remain out of control for more than a short amount of time. Physical restraints for the control of inmates inside the facility may be used only for the protection of the individual or others. The use of restraints shall be recorded in the inmate's file. Any time an inmate remains out of control for more than a short amount of time, mental health personnel should be consulted.
14.30. Health Promotion. The responsible physician shall consider a plan providing inmates with health education and preventive medical services, and shall review the inmates' opportunities to engage in exercise.
14.30.1. Disease Prevention. Correctional facilities shall establish a holding bed area for use by inmates having medical problems requiring separation or close observation. Inmates shall be allowed to participate in some form of exercise involving the large muscles for a minimum of one hour daily. Structured programs should be offered.
14.30.2. Health Education. Procedures shall provide that a program of health education is provided to the inmates of the facility. Health education shall provide information on medical services such as immunizations, hypertension detection and instruction in self-care for chronic conditions. Subjects for health education may include the following: personal hygiene and nutrition; venereal disease, AIDS, tuberculosis and other communicable disease; effects of smoking; self-examination for breast cancer; dental hygiene; drug abuse and dangers of self-medication; family planning, including as appropriate, both services and referrals; physical fitness; and chronic diseases and/or disabilities.
14.31. Physical Examinations. Procedures shall specify the conditions for periodic health examinations for inmates. Persons fifty years of age or older shall be given annual physical examinations. All other inmates shall receive thorough physical examinations at least biannually. All inmates shall be examined prior to release for the detection of diseases which may require reports to the Department of Health and Human Resources and/or the Center for Disease Control.
14.32. Individual Treatment Plan. Procedures shall provide for a special health plan for inmates requiring close medical supervision. A written individual treatment plan, which shall include directions to health care and other personnel regarding their roles in the care and supervision of these patients, shall be developed for each inmate by the appropriate physician, dentist, or qualified mental health practitioner.
14.33. Dental Care. Dental care shall be provided to each inmate under the direction and supervision of a dentist, licensed in the state, in the following circumstances:
14.33.1. Dental screening within fourteen days of admission as part of the health appraisal; and,
14.33.2. Appropriate check-ups, examinations, extractions, emergency corrective, preventive and other dental services.
14.34. Special Medical Programs. Arrangements shall be made for the provision of special medical programs, including chronic care, convalescent care and medical preventive maintenance for the inmates. The special medical program shall serve a broad range of health problems, such as, seizure disorders, hypertension, ischemic heart disease, diabetes, AIDS, potential suicide, chemical dependency and psychosis. These special medical conditions require close medical supervision. Chronic care is medical service rendered to a patient over a long period of time; treatment of diabetes, asthma and epilepsy are examples. Convalescent care is medical services rendered to a patient to assist in the recovery from illness or injury. Medical preventive maintenance includes health education and medical services, such as inoculation and immunization, provided to take preventative measures against disease, and, instruction in self-care for chronic conditions.
14.35. Medical and Dental Prosthesis. As determined by the responsible physician or dentist, medical and dental prostheses shall be provided when the health of the inmate would be otherwise adversely affected. Prostheses are artificial devices to replace missing body parts or to compensate for defective bodily functions.
14.36. Management of Pharmaceutical. Procedures for prescribing, dispensing and administering drugs shall be in compliance with applicable state and federal laws and rules and regulations. The responsible physician shall approve written procedures for the distribution, administration, accounting and disposal of the medical log and maintain one for each inmate receiving medication; the log shall include the date, time, name of drug and dosage administered. Any inmate refusing medication must sign a statement to that effect, which shall also be signed by a staff member, and filed in the health record. Medication shall be administered only by a physician or nurse, or, after written approval by the responsible physician, by the health authority or health trained staff members; an exception to this requirement may be made in that insulin injections may be self-administered by the inmate with the supervision of the health authority or health trained staff member. The physician shall inform correctional facility personnel of possible side effects of medication on inmates. When medications are taken by mouth, the person administering the drug will observe the inmate swallow the drug and have him or her speak after swallowing to insure ingestion of the medication. The facility shall provide a locked storage area for medications and maintain a list of medications stocked by the facility. Medications shall be refrigerated, if necessary.
14.37. Administration of Medications. Persons administering medications shall do so under the supervision of the responsible physician and shall have received training appropriate to their assignment. They are accountable for administration of medications according to orders and the recording of the administration of medications in a manner and in form approved by the responsible physician. Training from the responsible physician encompasses the medical aspects of the administration or distribution of medications; training from the facility administrator encompasses security matters inherent in the administration or distribution of medications in a correctional facility. The concept of administration or distribution of medications according to orders includes performance in a timely manner. Medications will be administered on a schedule which is consistent with the individual's needs rather than the correctional facility's needs.
14.38. Health Records. A separate health file shall be established on each inmate at the time he or she is screened. The health record shall be sufficiently detailed to enable any practitioner to give continuing care and enable him or her to determine what the inmate's condition is at a specific time and what procedures were effected, and to enable consultants to give an opinion after examination of the inmate. Entries must be legibly written in ink, signed and dated. The record shall be maintained for a minimum of seven years after the inmate's release from incarceration. The file shall contain the following information:
14.38.1. The completed receiving screening form;
14.38.2. Health appraisal data (if the inmate has been incarcerated for at least thirty days);
14.38.3. All findings, diagnoses, orders and treatments;
14.38.4. Medication log sheets;
14.38.5. Results of any laboratory, x-ray or diagnostic studies;
14.38.6. Completed medical complaint forms;
14.38.7. The place, date and time of health encounters;
14.38.8. Dental, psychiatric or other consultation reports;
14.38.9. Consent and refusal forms; and,
14.38.10. Release of information forms.
14.39. Transfer of Records. When off-site examination, treatment, transfer to another facility, or hospital admission occurs, the copy of the inmate's health record or a summary of the record shall accompany the inmate. Documentation of any off-site examination or treatment shall be made in the health record by the physician or other health professional involved. Health records shall be returned to the correctional facility with the inmate, or, in the event of transfer or hospital admission, as soon as possible thereafter. Written authorization by the inmate is required for transfer of health record information, except in an emergency situation where the inmate is unable to authorize the transfer.
14.40. Confidentiality. The inmate's medical information, records, and confidences entrusted to a physician or other medical care professional in the course of screening, examination or treatment are confidential and shall not be disclosed to anyone except:
14.40.1. With the inmate's informed consent;
14.40.2. Where the law requires disclosure, e.g., reporting of communicable diseases;
14.40.3. When the security of the correctional facility or the safety of the individual requires disclosure and then only to the extent necessary for the protection of the inmate and the security of the facility;
14.40.4. To the chief administrative officer can review medical records but must maintain confidentiality except as provided in subsection 14.40 of this rule; and,
14.40.5. The inmates shall have access to their own medical records.
14.41. Facilities and Equipment. If health services are delivered on-site, the correctional facility shall have a private examination/treatment area. Basic items provided shall include: a stethoscope, a blood pressure cuff, a thermometer, tongue depressors, a flashlight, an ophthalmoscope, otoscope and ear specula, a percussion hammer, weight scales, examination gloves, a vaginal specula, and first aid kits as well other equipment designated as necessary by the responsible physician.
14.42. Outside Resources. Procedures shall require that patients who need health care beyond the resources available in the facility, as determined by the responsible physician, shall be transferred under appropriate security provisions to a facility where such care is available.
14.43. First Aid Kits. Each correctional facility shall have one or more first-aid kits containing, but not limited to, bandages, gauze, a sling, adhesive tape, and band-aids. The responsible physician shall designate the number, location and content of first aid kits. The health authority must periodically inspect all equipment and first-aid kits.
14.44. Informed Consent. The informed consent of an inmate is necessary for all medical examinations, treatments and procedures except those which are required by law, e.g., treatment of infectious diseases where public health law requires such treatment. Informed consent is the voluntary consent to a treatment, examination, or procedure by the patient after the patient has received all the material facts regarding the nature, consequences, risks and alternatives concerning the proposed treatment, examination or procedure. When the inmate is a minor, the informed consent of a parent, guardian or legal custodian applies when required by law. Exceptions to obtaining informed consent are allowable if they are in accordance with state law (such as an emergency situation or public health matters).
14.45. Medical Research. The use of inmates for medical, pharmaceutical or cosmetic experiments is prohibited. A person confined in a facility is incapable of volunteering as a human subject without hope of reward and cannot do so on the basis of fully informed consent. Therefore, inmates shall not participate in experimental projects involving medical, pharmaceutical or cosmetic research, including aversive conditioning, psychosurgery, electrical stimulation of the brain, or the application of cosmetic substance to the body that are being tested for possible ill effects prior to use in the general public. This does not preclude the use of a new medical procedure for the individual treatment of an inmate by his or her physician, subsequent to a full explanation of the positive and negative features of the treatment. This agreement is between the physician and the inmate and may not be part of a general program of medical experimentation.
14.46. Trainees/Students. When the correctional facility uses students or interns in health care delivery, written policies and procedures shall provide for work experience under direct staff supervision, commensurate with their level of training.
14.47. Serious Illness or Injury. A process shall be developed whereby those individuals, designated by the inmate, are notified in case of serious illness or injury. Permission for notification shall be obtained from the inmate prior to need, if possible. There may be situations in which the inmate does not want the next of kin notified of an illness or injury; therefore, the inmate's consent should be obtained whenever possible. The next of kin or other individuals designated by the inmate to receive notification shall be included on the facility admission form.
14.48. Personnel. The following health care practitioners shall be provided for a facility with five hundred inmates. The staff must be adjusted proportionately for facilities with fewer than or more than five hundred inmates:
14.48.1. Medical Director: One full-time equivalent; responsible for health care and providing general physician services;
14.48.2. Program Director: One full-time equivalent; responsible for program administration;
14.48.3. Registered Nurse: Three full-time equivalents; responsible for primary care and infirmary care;
14.48.4. Licensed Practical Nurse: Three full-time equivalents; responsible for primary care and infirmary care;
14.48.5. X-ray Technician: Ten hours per week; responsible for general x-ray procedure;
14.48.6. Pharmacist: Five hours per week; responsible for supervision of pharmacy operations;
14.48.7. Dentist: One full-time equivalent; responsible for dental screening and primary dental care;
14.48.8. Dental Hygienist: One full-time equivalent; responsible for preventive dentistry and assistance to dentist;
14.48.9. Medical Records Clerk: One full-time equivalent; responsible for maintenance of medical records, administrative and clerical support; and,
14.48.10. Optometrist: Eight hours per week; responsible for optometric services.
W. Va. Code R. § 95-2-15 Inmates Rights
15.1. Access to Courts. Inmates have the right to have access to courts to present any issue, including challenging the legality of their conviction of confinement; seeking redress for illegal conditions or treatment while under correctional control; pursuing remedies in connection with civil legal problems; and asserting against correctional or other government authority any other rights protected by constitutional or statutory provision or common law. Inmates seeking judicial relief shall not be subjected to reprisals or penalties as a consequence of their action.
15.2. Access to Attorneys. Procedures shall ensure and facilitate the right of inmates to have access to attorneys or their authorized representatives.
15.3. Access to Law Library. Procedures shall provide for the right of inmates to have access to an appropriate law library and to supplies and services related to legal matters. The law library shall include, at a minimum, relevant and up-to-date constitutional, statutory and case law materials, applicable court rules, and practice treatises.
15.4. Access to Supplies. The correctional facility shall make reasonable efforts to assist inmates with the preparation and processing of their legal documents. Items such as paper, typewriters, and carbon paper shall be provided all inmates upon request and be available free of charge to indigent inmates.
15.5. Equal Access. When male and female inmates are housed in the same correctional facility, there shall be separate sleeping quarters, but equal access to all available services and programs. Neither sex shall be denied opportunities solely on the basis of their smaller number in the population.
15.6. Refusal to Participate. Procedures shall provide inmates with the option to refuse to participate in secondary or post-secondary education, vocational training, religious services, social services and counseling, psychological and psychiatric treatment, library services, athletic, recreational and leisure time activities, involvement with community groups, mail and visiting, contact by media, contact by attorneys or legal representatives, volunteer programs and pre-release programs. Inmates must accept work assignments, enrollment in basic education programs, medical and dental care mandated by statute, and participation in other programs ordered by the sentencing court or required by statute. Inmates shall not be penalized for refusing to participate in the correctional facility's total rehabilitation program.
15.7. Personal Grooming. Inmates shall be permitted freedom in personal grooming as long as their appearance does not conflict with the correctional facility's requirements for safety, security, identification and hygiene.
15.8. Grievance Procedure. There shall be a written inmate grievance procedure which is made available to all inmates and which includes at least one level of appeal. The correctional facility's grievance mechanism shall include the following: provision for written responses to all grievances, including the reasons for the decision; provision for response within a prescribed, reasonable time limit, with special provisions for responding to emergencies; provision for supervisory review of grievances; provision for participation by staff and inmates in the design and operation of the grievance procedures; provision for access by all inmates, with guarantees against reprisals; applicability over a broad range of issues; and means for resolving questions of jurisdiction.
W. Va. Code R. § 95-2-16 Inmate Rules and Discipline
16.1. Rules of Conduct. There shall be written rules of inmate conduct which specify acts prohibited within the correctional facility and penalties that may be imposed for various degrees of violation; the written rules shall be reviewed annually and updated if necessary. The sanctions shall be proportionate to the importance of the rule and the severity of the violation.
16.2. Rule Book. There shall be a rule book that contains all chargeable offenses, ranges of penalties and disciplinary procedures posted in a conspicuous and accessible area; a copy shall be given to each inmate and staff member. When a literacy or language problem prevents an inmate from understanding the rule book, a staff member or translator shall assist the inmate in understanding the rules.
16.3. Informal Discipline. Written guidelines shall specify misbehavior that may be handled informally.
16.4. Disciplinary Reports.
16.4.1. Written Reports. Written procedures shall provide that when rule violations require formal resolution, staff members shall prepare a disciplinary report and forward it to a designated supervisor.
16.4.2. Disciplinary Report Information. Disciplinary reports prepared by staff members shall include, but are not limited to, the following information:
16.4.2.a. Specific rules violated;
16.4.2.b. A formal statement of the charge;
16.4.2.c. Any unusual inmate behavior;
16.4.2.d. Any staff witnesses;
16.4.2.e. Disposition of any physical evidence;
16.4.2.f. Any immediate action taken, including the use of force; and,
16.4.2.g. The reporting staff member's signature and the date and time report is made.
16.5. Pre-hearing Detention. Pre-hearing detention shall take place only under the circumstances set forth in Section 11.2 of this rule, and only for so long as set forth in that section. The approval of the warden or his or her designee must be obtained and include an explanation of the reason why inmate segregation is necessary and the date for a hearing, both of which shall be provided to the inmate immediately upon its preparation.
16.6. Investigation. When an alleged rule violation is reported, an appropriate investigation shall begin within 24 hours of the time the violation is reported and shall be completed without unreasonable delay, unless there are exceptional circumstances for delaying the investigation.
16.7. Commitment of Crime. In instances when an inmate is alleged to have committed a crime covered by criminal law, the correctional facility shall refer the case to the appropriate officials for possible prosecution.
16.8. Waiver of Hearing. Procedures shall provide that an inmate may waive the right to a hearing, provided that the waiver is documented and reviewed by the Chief Executive Officer or his or her designee.
16.9. Statement of Changes. Procedures shall provide that the inmate be given a written statement of the change(s), including a description of the incident and the specific rule violated, at the same time that the disciplinary report is filed with the disciplinary authority, but no less than 24 hours prior to the disciplinary hearing. The hearing may be held within 24 hours with the inmate's written consent.
16.10. Postponement of Hearing. A disciplinary hearing postponement or continuance may be granted for a reasonable period of time for good cause, such as preparation of a defense, illness or unavailability of the inmate, further investigation of factual matters to the hearing, or pending criminal court prosecution. Delaying a disciplinary hearing is justifiable on the basis of a factual recording of the inmate's unacceptable behavior during the hearings process or his or her refusal to participate in a reasonable manner.
16.11. Speedy Hearing. Procedures shall provide that inmates charged with rule violations be scheduled for a hearing as soon as practicable, but no later than five days, excluding weekends and holidays, after reporting of the alleged violation. Inmates shall be notified of the time and place of the hearing at least 24 hours in advance of the hearing except as provided in Section 16.5 of this rule, and cases where the inmate is not available, or a need exists to await a laboratory analysis. The reasons for all delays shall be documented.
16.12. Presence at Hearing. Procedures shall provide that inmates charged with rule violations be present at disciplinary hearings, except when their behavior during the hearing justifies exclusion.
16.13. Impartial Hearing. Disciplinary hearings of rule violations cases shall be conducted by an impartial person or panel. A record of the proceedings shall be made and maintained for at least two years.
16.14. Representative. Procedures shall allow inmates to request the services of an inmate or staff member to represent them at disciplinary hearings and to question relevant witnesses. Representatives shall be appointed when it is apparent that inmates are not capable of effectively collecting and presenting evidence on their own behalf. Having a representative shall not interfere with the inmate's own right to be heard.
16.15. Evidence and Witnesses. Procedures shall provide that the inmate be given an opportunity to make a statement, to present documentary evidence, to call witnesses on his or her behalf, and to cross-examine witnesses. Reasons for the denial of these requests shall be stated in writing.
16.16. Authority's Decision. Procedures shall specify that the disciplinary authority's decision shall be based solely upon information obtained in the hearing process, including staff reports, the statements of the inmate charged, and evidence derived from witnesses and documents.
16.17. Written Record. Procedures shall specify that a written record shall be made of the disciplinary hearing decision and the supporting reasons, and that a copy shall be given to the inmate. The record of the hearing and supporting documents shall be kept in the inmate's file and in the Chief Executive Officer's records. The disciplinary hearing statement shall include the decision, the disposition and the reason for the action including recitation of evidence upon which the determination is made and the rationale for any penalty imposed.
16.18. Review of Findings. Procedures shall provide for a review of all disciplinary hearings and disposition by the Chief Executive Officer to assure conformity with policies and regulations.
16.19. Not Guilty. Procedures shall provide that the disciplinary report be removed from all files of inmates found not guilty of an alleged rule violation. When an inmate is found guilty of only some of the rule violations he or she was originally charged with in connection with a single incident, and when that incident is described in a single disciplinary report, the inmate's record shall show clearly the violations that were not proven. All disciplinary reports, regardless of disposition, may be kept and used for statistical or research purposes providing all identification is removed.
16.20. Appeal. Procedures shall grant inmates the right to appeal disciplinary decisions to the Chief Executive Officer or his or her designee and receive a response within three working days and to appeal to the Commissioner of Corrections and receive a response within seven days of receipt of the decision. The appeal process shall consider three factors: whether there was substantial compliance with correctional facility standards and procedures in handling inmate discipline; whether the decision was based on the greater weight of evidence; and whether, under the circumstances, the sanction imposed was proportionate to the rule violation.
16.21. Disciplinary Action. In any disciplinary action taken against any inmate:
16.21.1. The action must be reasonable and proportionate to the violation;
16.21.2. The action must be taken in an impartial and nondiscriminatory manner;
16.21.3. The action must never be arbitrary or retaliatory;
16.21.4. Physical abuse is strictly prohibited; and,
16.21.5. Accurate, detailed reports of all disciplinary actions must be maintained.
W. Va. Code R. § 95-2-17 Communication, Mail and Visitation
17.1. Written Regulations for Mail. Written policies and procedures shall govern inmate correspondence and shall be available to all staff and inmates. Inmates must utilize their correct return address, although it need not specifically indicate a correctional facility.
17.2. Limitation of Mail. When the cost is borne by the inmate, there shall be no limitation on the volume of mail which an inmate may send or receive, or on the length, language, content or source of the mail, except that of obtaining permission for an inmate to correspond with an inmate of another correctional facility. The number of approved correspondents for an inmate shall be unlimited. Limitations may be placed on the use of the mails for the conduct of an inmate business. Inmates have the right to reject any mail directed to them and the rejection shall not subject an inmate to punishment.
17.3. Postage Allowance. Procedures shall provide that indigent inmates, as defined in policy, receive a specified postage allowance to maintain community ties. Provision shall be made to ensure that indigent inmates are able to send a reasonable minimum number of letters per month. Community ties include family, personal friends, etc.; privileged communications to attorneys, public officials and courts shall not be restricted.
17.4. Mail Forwarding. All first class mail and packages shall be forwarded to inmates who are transferred to other correctional facilities or released, provided a forwarding address is available. If a forwarding address is not available, first class mail shall be returned to the sender. Post Office policies and procedures shall be made available to inmates.
17.5. Publications. Specific policies and procedures shall exist to define which publications are allowed in the correctional facility and how they will be inspected. Publications can be prohibited only if they pose a clear, direct and immediate danger to security.
17.6. Distribution. Procedures shall insure that incoming and outgoing mail is not delayed. All letters and legal material shall be delivered on the same day of receipt, except as provided in Section 17.7 of this rule.
17.7. Censoring. General correspondence, both incoming and outgoing, can only be opened and read if, prior to reading, there is reasonable cause to believe it contains plans for criminal activity or the introduction of contraband, in which event the opening and reading of inmate's mail is subject to the following safeguards:
17.7.1. Prior notice to the inmate, and if a return address is supplied, to the writer or sender;
17.7.2. Reasonable opportunity to challenge;
17.7.3. Ultimate determination by a disinterested party;
17.7.4. Done in the presence of the inmate; and,
17.7.5. When a complaint is made by an inmate regarding mail, there shall be an on-site investigation within fourteen days.
Records shall be maintained of all mail rejected and the reasons for the rejection.
17.8. Inspection. Procedures shall provide for the inspection of inmate mail to intercept cash, checks, and money orders. Cash, checks and money orders shall be removed from incoming mail, credited to the inmate's account, and a receipt given to the inmate.
17.9. Contraband. Policies and procedures shall govern the inspection for and the disposition of contraband. Policies and procedures shall also specify how seizures can be challenged, what should be done with the contraband, and under what conditions receipts are given the sender or addressee. Policies and procedures shall indicate when the matter is referred for prosecution.
17.10. Sealed and Certified Letters.
17.10.1. Sealed letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, including, but not limited to: courts, attorney of record, officials of the Division of Corrections: elected government officials, news media, grand juries, law enforcement officials, administrators of grievance systems, and members of the parole board. Outgoing privileged mail shall not be opened.
17.10.2. Privileged Correspondents. Incoming mail from the privileged correspondents set forth in Subdivision 17.10.1 of this subsection shall not be opened unless the Chief Executive Officer or his or her designee determines that there is reasonable cause to believe that it is counterfeit or that it contains contraband. The mail shall be opened in accordance with the procedures set forth in Section 17.7 of this rule.
17.10.3. Certified and Registered Mail. Incoming certified and registered mail for inmates shall be processed as all other mail but delivered to addressee only upon securing a signed receipt. Outgoing certified and registered mail shall be permitted if the inmate sender has the funds to pay for the service.
17.11. Telephone.
17.11.1. Telephone Access. Telephone facilities shall be provided to permit reasonable and equitable access to all inmates. Procedures shall specify the hours of telephone availability, the maximum length of calls, and any limitation on telephone calls. All limitations shall be reasonable and in writing. Telephone facilities shall allow for a reasonable amount of privacy and protection from the elements.
17.11.2. Telephone Monitoring. No telephone communication shall be monitored or intercepted in any way, unless the Chief Executive Officer or his or her designee reasonably believes that the telephone communication concerns escape plans, plans to commit a crime, or plans to violate correctional facility rules and regulations. The Chief Executive Officer or his or her designee shall inform any inmate that his or her calls will be monitored and give him or her reasons in writing why such action is being taken. In no event shall telephone communications with those persons described as privileged correspondents in Subdivision 17.10.1 of this subsection be monitored or intercepted in any way. Records shall be maintained of all telephone calls monitored.
17.11.3. Attorney Calls. Telephone communications between an inmate and his or her attorney shall not be denied. All calls to attorneys shall be permitted daily between 8:00 a.m. and 9:00 p.m. without restriction, except as requested by the particular attorney to be called. The correctional facility is not responsible for payments for long distance or local calls. Inmates shall be allowed to accept direct calls from attorneys.
17.12. Visitation Regulations. All regulations pertaining to visiting shall be made available to all inmates at admission. Visitation shall be designed to enhance rehabilitation, establish normalization of social relationships and satisfy security. Reasonably comfortable accommodations and space, and reasonable privacy shall be afforded for visitation. Sufficient seats for indoor visitation shall be provided.
17.13. Access to Visitation. The number of visitors an inmate may receive and the length of visits shall be limited only by the correctional facility's schedule, space, and personnel constraints, or when there are substantial reasons to justify the limitations. Inmates shall be allowed at least three visitors at one time (with all minor children in the same family counting as one). Each inmate may have at least fifteen approved visitors on an approved visitors' list regardless of their relationship.
17.14. Registration. Each visitor shall be required to register his or her name, address, and relation to the inmate upon entry into the correctional facility. All circumstances under which visitors and their belongings may be searched shall be in written policy.
17.15. Security. The degree of informality of inmate visiting facilities shall be consistent with the correctional facility's overall security requirements. Maximum physical contact shall be allowed, consistent with an orderly visitation environment. Inmates shall be permitted to hold infant children during visits, and they may assist with feeding. Visiting areas must not, except for documented security purposes with respect to specific inmates and their offenses, physically separate visitors from inmates.
17.16. Extended Visits. Procedures shall provide guidelines for determining which inmates are permitted extended visits with their families, the length of the visit, where the visit shall take place and other conditions for the visit. Inmates with appropriate security classifications shall be permitted furloughs home.
17.17. Special Visits. Procedures shall govern special visits which may include visits from persons who have come long distances, prospective employers, non-immediate family members, seldom visiting family members, visits to hospitalized inmates, visits to inmates in disciplinary status and visits between inmates and their attorneys, clergy, social service agency representative, etc. These persons need not be included on a visitors list. Written policies and procedures shall specify the conditions of the visits.
W. Va. Code R. § 95-2-18 Reception and Orientation
18.1. Admissions. Written procedures for admission of inmates new to the system shall require at a minimum the following:
18.1.1. A determination that the individual is legally committed to the correctional facility;
18.1.2. A complete search of the individual and his or her possessions;
18.1.3. A disposition of personal possessions;
18.1.4. A shower and hair care, if necessary;
18.1.5. The issuance of clean, laundered clothing, as needed;
18.1.6. Photographing and fingerprinting the inmate, including notation of identifying marks or other unusual physical characteristics;
18.1.7. A medical, dental and mental health screening;
18.1.8. Assignment to a housing unit;
18.1.9. The recording of basic personal data and information to be used for mail and the visiting list;
18.1.10. The assistance of inmates in notifying their next of kin and families of admission;
18.1.11. An explanation of procedures for mail and visiting;
18.1.12. The assignment of a registered number to the inmate; and,
18.1.13. The giving of written orientation materials to the inmate.
Staff members shall explain the procedures being undertaken at each step in the admissions process. When necessary, these procedures shall be reviewed for inmates transferred within the correctional system.
18.2. Summary Admissions Report. Procedures shall require the preparation of a summary admission report for all new admissions to the correctional facility that includes, but is not limited to, the following:
18.2.1. An account of the legal aspects of the case;
18.2.2. A summary of the inmate's criminal history, if any;
18.2.3. The inmate's social history;
18.2.4. The inmate's medical, dental, and mental health history;
18.2.5. The inmate's occupational interests and experiences;
18.2.6. The inmate's educational status and interests;
18.2.7. The inmate's recreational preference and needs assessment;
18.2.8. The inmate's psychological evaluations;
18.2.9. Staff recommendations; and,
18.2.10. Pre-correctional facility assessment information.
18.3. Orientation: Transferred Inmates. Inmates transferred from other correctional facilities shall receive an orientation to the new correctional facility.
18.4. Personal Property. Procedures shall specify the personal property inmates can retain in their possession.
18.5. Security of Personal Property. Procedures shall govern the control and safeguarding of inmate personal property. Personal property retained at the correctional facility shall be itemized in a written list which is kept in the permanent file. The inmate shall receive a current copy of this list. All inmate's property retained by the correctional facility shall be accurately inventoried, handled carefully and securely stored. The property shall be available if required by the inmate and returned at the time of release. Confiscated items shall be noted on the inventory list which is signed by the inmate. Receipts shall be provided to the inmate for all funds and possessions stored, and upon release from the correctional facility, receipts shall be signed by inmates acknowledging return of their property.
18.6. Orientation, New Inmates. Orientation shall provide new inmates an understanding of what is expected of them and what they may expect to derive from the correctional facility programs. Orientation shall include formal classes, distribution of brochures that describe correctional facility programs and rules and regulations, and discussions of the correctional facility's programs and procedures.
18.7. Reception Programs. The daily program for inmates in the reception unit shall include interviews, testing, and other activities related to the admission process, as well as development of the individual rehabilitation program, and receipt of information on educational, religious, work, and recreational programs. New inmates shall be provided reading materials and be permitted to attend religious services. They shall receive exercise on the same schedule as the general population and perform work assignments on the unit. Key program elements of the correctional facility shall be involved in the reception program.
W. Va. Code R. § 95-2-19 Classification
19.1. Written Plan. There shall be a written plan for inmate classification which specifies the objectives of the classification system, details the methods for achieving the objectives, and provides a monitoring and evaluation mechanism to determine whether the objectives are being met. Classification policies shall include, at a minimum:
19.1.1. Detailed procedures for initial inmate classification and reclassification;
19.1.2. Instructions regarding the makeup of the unit, team or full classification committees; as well as the duties and responsibilities of each;
19.1.3. Definition of the various committees; responsibilities for custody, employment and vocational/program assignments;
19.1.4. Instructions as to what phases of an inmate program may be changed by the various committee levels;
19.1.5. Specific procedures relating to inmate transfer from one program to another and from one correctional facility to another; and,
19.1.6. Content of the classification interview.
19.2. Degree of Custody. The system for classifying inmates shall specify the level of custodial control required. All inmates shall be assigned the least restrictive custodial level necessary.
19.3. Program Status Review. The written plan for inmate classification shall specify that the program status review of each inmate shall occur at least twice every twelve months.
19.4. Program Changes. The written plan for inmate classification shall specify criteria and procedures for determining and changing the program status of an inmate. Because program status reviews can involve an increase in the level of custody, transfer to another correctional facility, or other program changes thataeffect inmates adversely, the review process shall include an appeal process which may be invoked and must be responded to prior to carrying out the program change.
19.5. Classification Hearings. Procedures shall require that unless precluded for security or other substantial reasons, all inmates shall appear at their classification hearing and be given notice twenty-four hours prior to their hearings; the notice may be waived by the inmate, in writing.
19.6. Individual Rehabilitation Plan. Each inmate shall have developed, with his or her consultation, an individual rehabilitation plan within sixty days of initial custody. The plan shall include an assessment of the needs and long-term goals of the inmate, and a means for providing educational and/or vocational programming, apprenticeship programs, work release programs, and other rehabilitative programs as are appropriate for the individual.
19.7. Special Needs Inmates. Procedures shall provide for identification of special needs inmates which include, but are not limited to, drug addicts, drug abusers, alcoholics, alcohol abusers, or inmates who are emotionally disturbed, mentally retarded, suspected mentally ill, or who pose high risk or require protective custody. Procedures shall exist to identify the number, type and frequency of commitment of these groups of inmates. When numbers or frequency of commitment warrant, special programs shall be instituted for the appropriate management and effective handling of these inmates.
19.8. Parole Hearing. The written plan for inmate classification shall specify that, prior to a parole hearing, pre-parole material shall be made available to the paroling authority including a current and complete history of the inmate's activities in the correctional facility and a proposed parole plan.
W. Va. Code R. § 95-2-20 Inmate Work Programs
20.1. Written Plan. The correctional facility shall maintain a written plan that provides full-time work and/or program assignments for all inmates in the general population. An inmate work program may include industrial, agricultural, maintenance, and service jobs and shall provide employment for all eligible inmates. The work provided an inmate shall match the inmate's interests, past experience and/or educational program to the extent possible. The work and educational programs shall be compensated at a level which encourages participation.
20.2. Work Assignments. The correctional facility shall provide a variety of work assignments that afford inmates an opportunity to learn job skills and develop good work habits and attitudes that they can apply to jobs after they are released. Whenever possible, inmate work assignment shall provide experience relevant to the current job market. Work assignments for women shall not be limited to traditional tasks assigned to women. Inmates shall be utilized on community and public works projects off grounds.
20.3. Advisory Committee. The correctional facility shall form a task force or advisory committee of labor, business, industrial and educational community organizations which shall advise and assist in providing inmates with jobs which will teach them skills relevant to the job market.
20.4. Minimum Standards. Inmate work programs shall meet all applicable requirements for the safety and health of workers.
20.5. Handicapped Inmates. The inmate work plan shall include provision for employment for handicapped inmates.
W. Va. Code R. § 95-2-21 Academic and Vocational Education
21.1. Comprehensive Program. There shall be a comprehensive education program available to all eligible inmates that extends from literacy training through high school and includes communication skills, mathematics, and social science. The educational program shall be structured so that inmates can enter at any time and proceed at their own pace. Progress through the program shall not be defined by grade level attainment. Individual instruction shall be supplemented by the use of programmed instruction, teaching machines, educational television and correspondence courses when appropriate.
21.2. Standardized Curriculum. There shall be a standardized competency-based curriculum supported by appropriate materials and classroom resources. A standard curriculum shall be developed in order to monitor student progress from class to class or between correctional facilities.
21.3. Program Availability. Educational programs shall not compete with work assignments, visitation, counseling, etc., but shall be offered at off peak program hours and shall be available in the evenings and on weekends.
21.4. Specialized Equipment. The educational program shall be supported by specialized equipment, including, at a minimum, classrooms, teaching carrels, audiovisual materials and facilities, chalkboards, and administrative space.
21.5. Post-secondary Programs. Post-secondary programs in academic and vocational education shall be available to qualified inmates. An adequate number of college courses shall be available at no cost to all appropriate inmates. Appropriate classroom space shall be provided for all such courses.
21.6. Social Skills. The correctional facility shall provide courses in consumer activities, life skills, and family life, and where possible, should incorporate instruction of social skills in regular course content. The courses shall be coordinated with social services, leisure time activities and religious programs, and in a comprehensive social skills development program.
21.7. Vocational Training. Vocational training programs shall be integrated with academic programs and shall be relevant to the vocational needs of inmates and to employment opportunities in the community. A variety of training programs shall be available including cooperation with correctional industries, work assignments, apprenticeships, on-the-job training, and other vocational related programs. Equipment and curricula for the vocational training programs shall be updated periodically to ensure compatibility with training developments in the community.
21.8. Educational Records. Academic and vocational information shall become a part of the master file and shall be transferred when inmates are moved to other correctional facilities or relocated in the community during pre-release.
21.9. Staffing. An adequate job placement staff whose full-time responsibility is the classification, placement, development of placement, and individual programming for inmates shall be maintained. This staff shall assess individual needs as well as facilitate the development of apprenticeships, community work release, and vocational and educational placement. The correctional facility shall maintain an adequate staff of counselors with training in educational guidance counseling. There shall be a ratio of one counselor for every sixty inmates. Counselors shall work with each inmate individually to develop a rehabilitative program for that inmate. This program and the inmate's progress shall be reviewed at regular intervals.
21.10. Work Release. Sufficient work release centers shall be maintained for eligible inmates. Inmates are eligible for work release selection after six months of incarceration and/or within two years of possible release.
W. Va. Code R. § 95-2-22 Library Services
22.1. Comprehensive Services. The correctional facility shall maintain and/or provide access to comprehensive library services which include, but are not limited to, a reference collection which includes general and specialized materials, and planned and continuous acquisition of materials to meet the needs of the correctional facility's staff and inmates.
22.2. Library Materials. Library materials shall be selected to meet the educational, informational and recreational needs of the inmates. They shall be easily accessible and regulated by a system that prevents abuse.
22.3. Community Interaction. Procedures shall provide for interaction with the community through recreational activities. Community interaction shall include bringing in volunteers to provide instruction and inviting local teams to compete with correctional facility teams; it may include taking inmates into the community for recreational activities.
23.4. Facilities and Equipment. Facilities and equipment, which are maintained in good condition and are suitable for the planned leisure activities, shall be available in proportion to the inmate population.
23.5. Leisure Time Activities. The correctional facility shall provide opportunities for all inmates to participate in leisure time activities outside the cell or room on a daily basis. Each inmate shall be permitted at least one hour of leisure time activity each day, i.e., radio, television, movies, crafts, cards, puzzles, checkers, chess, or indoor exercise. There shall be adequate indoor space and equipment to enable large muscle exercise.
23.6. Outdoor Exercise. The correctional facility shall provide opportunities for at least one hour of outdoor exercise per day with adequate space and equipment to permit regular outdoor sports activity.
23.7. Recreation Records. Written records shall be maintained which specify the date, time and type of recreational opportunity offered, as well as the housing unit or classification of inmate to whom the opportunity was offered.
W. Va. Code R. § 95-2-24 Religious Services
24.1. Access to Programs. Procedures shall provide for access to religious resources, services or counseling for all inmates on a voluntary basis. It is the responsibility of the correctional facility to ensure that all inmates are able to voluntarily exercise their constitutional right to religious freedom when this freedom does not interfere with the order and security of the correctional facility. Inmates shall be kept informed about opportunities to participate in religious programs on a continuing basis.
24.2. Program Supervision. A qualified and trained chaplain shall coordinate and supervise the correctional facility's religious programs. The chaplain shall recognize the validity of all religious faiths and their contribution to the persons involved with them. Qualified chaplains shall have the ecclesiastical endorsement from a recognized religious organization according to administrative procedures. These chaplains may be able to provide clinical pastoral education at the correctional facility.
24.3. Representation. Representatives of all faith groups shall be available to inmates. Either a full-time chaplain or representatives of faith groups from the community shall be available to provide regular religious services, individual and group counseling, family contacts, and other services.
24.4. Access to Correctional Facility. Staff chaplains shall have access to all areas of the correctional facility.
24.5. Religious Visits. Inmates shall be permitted to receive visits from accredited representatives of their respective faiths during normal visiting hours. Provision also shall be made for emergency visits.
24.6. Facilities and Equipment. The correctional facility shall provide facilities and equipment for the conduct of religious programs for inmates.
W. Va. Code R. § 95-2-25 Social Services
25.1. Staff Assignment. At initial classification, each inmate shall be assigned to a staff member to ensure supervision and personal contact; a unit management team may perform this function.
25.2. Staff Availability. Appropriate staff shall be available to help inmates with their personal problems and with their adjustment to the correctional facility on a regularly scheduled basis, and for appointments with inmates who request them. Treatment offerings shall include group therapy and group and individual counseling. Because inmates may have problems that require immediate attention, at least one staff member shall be available seven days per week. Crisis intervention services shall be available on an as-needed basis to assist disturbed inmates.
25.3. Counseling Program. A planned, organized counseling program shall be provided by persons qualified either by formal education or training. Staffing shall be in accordance with Section 21.9 of this rule.
25.4. Substance Abuse Program. Procedures shall provide for substance abuse programs for inmates with drug and alcohol addiction problems. These programs shall include, at a minimum, the following:
25.4.1. Staff trained in drug and alcoholic treatment to design and supervise the program;
25.4.2. The selection and training of former addicts and recovered alcoholics to serve as employees or volunteers in these programs;
25.4.3. Coordination of the correctional facility and community substance abuse programs;
25.4.4. Efforts to motivate addicts to seek help;
25.4.5. Realistic goals for the rehabilitation of inmates with drug or alcohol abuse problems; and,
25.4.6. A variety of approaches to provide flexibility to meet the varying needs of different addicts.
W. Va. Code R. § 95-2-26 Release Preparation and Temporary Release
26.1. Release Preparation Program. Procedures shall provide that all inmates have access to a program of release preparation prior to their release to the community. Programs to prepare inmates for release may include the following:
26.1.1. Lectures and discussions that address the concerns of soon-to-be released inmates;
26.1.2. Individual counseling that focuses on each inmate's particular needs;
26.1.3. Pre-release visits by parole officers and family members; and ,
26.1.4. Graduated release through short furloughs.
26.2. Temporary Release Programs. Temporary release programs shall include but not be limited to the following:
26.2.1. Written operational procedures;
26.2.2. Careful screening and selection procedures;
26.2.3. Written rules of conduct and sanctions;
26.2.4. A system of supervision to minimize inmate abuse of program privileges;
26.2.5. A complete record-keeping system; and,
26.2.6. A system for evaluating program effectiveness.
Selection of inmates shall be restricted to those eligible for release within one year and others determined suitable, and shall be based on an assessment of the potential benefits to the inmate and the safety of the community. Sanctions commensurate with rule violations shall be specified, ranging from reprimand to removal from the program.
26.3. Graduated Release. Procedures shall include graduated release through a systematic decrease in supervision and corresponding increase in inmate responsibility as part of the classification program.
26.4. Leaves. Procedures shall provide for escorted and/or unescorted leaves into the community. Inmates shall be allowed escorted leaves of absence from the correctional facility to obtain medical care not available in the correctional facility, to visit a critically ill family member, to attend the funeral of a family member, to participate in community events as a member of a group or team, or to participate in other community activities that can have a positive influence on the inmate. Unescorted leaves of absence for a pre-determined period of time may be appropriate to allow inmates to seek post-release employment, make residential plans for parole, conduct business affairs when a personal appearance is necessary, visit family to strengthen or preserve relationships, or for any other purpose considered consistent with an inmate's rehabilitation and classification.
26.5. Release Process. Written procedures for releasing inmates at the end of their term shall include, but are not limited to, the following:
26.5.1. Verification of the inmate's identity;
26.5.2. Verification of release papers;
26.5.3. Completion of release arrangements, including notification of the parole authorities in the jurisdiction of release, if required;
26.5.4. The return of personal effects or contraband;
26.5.5. A check to see that no facility property leaves the facility;
26.5.6. Arrangements for completion of any pending action, such as grievances, claims for damages or lost possessions, etc.;
26.5.7. Medical screening and arrangements for community follow-up where needed; and,
26.5.8. Instructions on forwarding of mail.
W. Va. Code R. § 95-2-27 Citizen Involvement and Volunteers
27.1. Accountability. Procedures shall specify the lines of authority, responsibility, and accountability for the correctional facility's citizen involvement and volunteer services program. When volunteer activity can be shown to threaten the order and security of the correctional facility or the safety of the volunteer, the activity shall be limited or discontinued until the problem is resolved.
27.2. Screening and Selection. There shall be a uniform method for screening and selecting volunteers in accordance with security concerns.
27.3. Orientation and Training. Procedures shall provide that, prior to assignment, each volunteer shall complete a documented orientation and/or training program appropriate to the nature of the assignment. An initial orientation session for long-term volunteers shall address the history, policies and regulations of the correctional facility and shall include an overview of the program so that the volunteers may develop a sense of their role in the program. The curriculum shall include a description of the volunteer's duties, as well as a review of the needs, attitudes and lifestyles of the inmate population. One time or short-term volunteers may require less intensive orientation. All volunteers shall receive a copy of an approved code of ethics.
27.4. Policy Compliance. Volunteers shall agree in writing to abide by all correctional facility policies, particularly those relating to the security and confidentiality of information.
27.5. Schedule of Services. A current schedule of volunteer services shall be available to all inmates and shall be posted in appropriate areas of the correctional facility.
27.6. Registration and Identification. All volunteers shall be registered with the correctional facility or the Division of Corrections for insurance purposes. An identification card shall be issued to each volunteer and an identification record shall be kept at the correctional facility for each volunteer. This record shall ensure proper identification and shall include a photograph, address, and telephone number at which the volunteer can be reached, and other job-related information.
27.7. Professional Services. Volunteers shall not perform professional services without the proper certification, examination or license. Volunteers offering professional service shall be required to cite their credentials and/or certificate status in their initial application. Tutoring or sponsorship of a craft or hobby program is not considered a professional service.
W. Va. Code R. § 95-2-28 Glossary
28.1. Administrative Segregation. A form of separation from the general population administered by the Classification Committee or other authorized group, when the continued presence of the inmate in the general population would pose a serious threat to life, property, self, staff or other inmates, or the security or orderly running of the correctional facility. Inmates pending investigation for trial on a criminal act or pending transfer can also be included. (See Protective Custody and Segregation.)
28.2. Adult Correctional Facility. A confinement facility, usually under state auspices, which has custodial authority over adults sentenced to confinement for more than a year.
28.3. Classification. A process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.
28.4. Contraband. Any item possessed by inmates of the facility which are prohibited by program policies and regulations.
28.5. Counseling. Planned use of interpersonal relationships to promote social adjustment. Counseling programs provide opportunities to express feelings verbally with the goal of resolving problems of individual residents. There are at least three types of counseling that may be provided: individual in a one-to-one relationship; small group counseling; and large group counseling in a living unit (i.e., "therapeutic community").
28.6. Disciplinary Detention. A form of separation from the general population in which inmates committing serious violations of conduct regulations are confined by the disciplinary committee or other authorized group for short periods of time to individual cells separated from the general population. Placement in detention may only occur after a finding of rule violation at an impartial hearing and when there is no adequate alternative disposition to regulate the inmate's behavior. (See Protective Custody and Segregation.)
28.7. Educational Release. The designated time when inmates leave the program or correctional facility to attend school in the community, returning to custody after school hours.
28.8. Fiscal Position Control. Process by which control is maintained to ensure that persons on the payroll are legally employed, that positions are authorized in the budget and that funds are available.
28.9. Health Authority. The physician, health administrator or agency responsible for the provision of health care services at a correctional facility; the responsible physician may be the health authority.
28.10. Health Care. The sum of all action taken, preventive and therapeutic, to provide for the physical and mental well-being of a population. Health care includes medical and dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions.
28.11. Health Care Personnel. Individuals whose primary duties are to provide health services to inmates in keeping with their respective levels of health care training or experience. (See Qualified Health Personnel.)
28.12. Health-Trained Personnel (Medically Trained Personnel). Correctional officers or other correctional personnel such as social workers, who may be trained and appropriately supervised to carry out certain specific duties with regard to the administration of health care.
28.13. Hearing. A proceeding in which arguments, witnesses or evidence are heard by a judicial officer and administrative officer or body.
28.14. Holidays. All days legally designated as non-workdays by statute or by the chief governing authority of a jurisdiction.
28.15. Indigent. A person with limited funds and/or no source of income.
28.16. Informed Consent. The agreement by the patient to a treatment, examination or procedure after the patient receives the material facts regarding the nature, consequences, risks, and alternatives concerning the proposed treatment, examination and procedure.
28.17. Life Safety Code. A manual published by the National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest; two chapters are devoted to correction facilities.
28.18. Management Information System. The concepts, personnel and supporting technology for the collection, organization and delivery of information for administrative use. There are two such types of information:
28.18.1. Standards information, consisting of the data required for operational control, such as the daily count, positive and negative release rates, escape or runaway rates, referral sources, and payroll data in a personnel office; and,
28.18.2. Demand information, which can be generated when a report is required, such as a number of residents in educational and training programs, and duration of incarceration.
28.19. Medical Restraints. Either chemical restraints, such as sedatives, or physical restraints, such as straight jackets, applied only for medical or psychiatric purposes.
28.20. Mentally Retarded. The individual functions at a subaverage general intellectual level and is deficient in adaptive behavior or the degree to which the individual meets the standards of personal independence and social responsibility expected of individuals of this age and cultural group.
28.21. Parent Agency. The Administrative Department or division to whom the facility administrator reports; it is the policy-setting body. This can be a correctional agency, part of a cabinet agency, or the Governor's Office.
28.22. Permanent Status. A personnel status which provides due process protection prior to dismissal.
28.23. Policy. A course or line of action adopted and pursued by an agency which guides and determines present and future decisions and actions. Policies indicate the general course or direction of an organization, within which the activities of the personnel and units must operate. They are statements of guiding principles which should be followed in directing activities toward the attainment of objectives. Their attainment may lead to compliance with standards as well as compliance with the overall goals of the agency/system.
28.24. Population Center. A geographical area containing at least 10,000 people and public safety services, professional services, employment and educational opportunities, and cultural/recreational opportunities.
28.25. Procedure. The detailed and sequential actions that must be executed to ensure that a policy is fully implemented. It is the method of performing an operation, or a manner of proceeding on a course of action. It differs from a policy in that it directs action in a particular situation to perform a specific task within the guidelines of policy.
28.26. Program. The plan or system through which a correctional agency works to meet its goals; often this program requires a distinct physical setting, such as a correctional facility.
28.27. Protective Custody. A form of separation from the general population for inmates requesting or requiring protection from other inmates for reasons of health or safety. The inmate's status is reviewed periodically by the classification committee or other designated groups. (See Administrative Segregation and Disciplinary Detention.)
28.28. Qualified Health Personnel. Physicians, dentists, and other professionals and technical workers who by state law engage in activities that support, complement or supplement the functions of physicians and/or dentists and who are licensed, registered, or certified, as appropriate to their qualifications, to practice.
28.29. Rated Bed Capacity. Rated bed capacity is the number of inmates who may be properly housed and cared for in the facility as determined by a survey which excludes areas not adapted to housing, such as basements, attics, corridors and day rooms; housing facilities which, because of obsolescence or other reason, constitute a major fire or health hazard; facilities not available for regular inmate occupancy, such as hospital, isolation, and reception units; and temporary housing, such as, a temporary dormitory. In determining correctional facility bed capacities, the adequacy of the total facilities of the correctional facility including the number of beds as well as the adequacy of the total facilities of the correctional facility or program activities, such as dining, toilet, recreation, education, and religion are to be taken into consideration.
28.30. Responsible Physician. The physician at a correctional facility with final responsibility for the medical judgments and other decisions related to medical judgments; this physician may also be the health authority for the correctional facility.
28.31. Safety Vestibule. A secure area located at the entry or exit that divides the inmate areas from the remainder of the correctional facility. A safety vestibule has two doors or gates, only one of which opens at a time, to permit entry to or exit from inmate areas in a safe and controlled manner.
28.32. Sally Port. An enclosure situated in the perimeter wall or fence of the correctional facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit ensures there will be no breach in the perimeter or interior of the correctional facility . The sally port may be small enough to accommodate only pedestrian traffic, or large enough to handle large delivery trucks.
28.33. Security. The degree of restriction of inmate movement within a correctional facility, usually divided into maximum, medium and minimum risk level.
28.34. Segregation. The confinement of an inmate to an individual cell that is separated form the general population. There are three forms of segregation: administrative segregation, disciplinary detention and protective custody.
28.35. Self-Insurer. Any parent agency or governmental jurisdiction which acts as the insurer. For public agencies, the self-insurance program is usually authorized by the Legislature. A "memorandum of insurance" or similar documents is required which acts as a policy, setting the limits of liability for various categories of risk, including deductible limits. Approval of the policy by a cabinet level official is also required.
28.36. Serious Incident. A situation in which injury serious enough to warrant medical attention occurs involving an inmate, employee, or visitor on the grounds of the correctional facility. Also a situation containing an imminent threat to the security of the correctional facility and/or to the safety of inmates, employees or visitors on the grounds of the correctional facility.
28.37. Severe Mental Disturbance. The individual is a danger to himself or herself, or others, or is incapable of attending to basic physiological needs.
28.38. Special Management Inmates. Inmates whose behavior presents a serious threat to the safety and security of the facility, the inmate, the staff or the general inmate population. Special handling and/or housing is required to regulate their behavior.
28.39. Special Needs Inmates. Inmates whose mental and/or physical condition require special handling and treatment by staff. Special needs inmates include, but are not limited to, the drug addict, drug abuser, alcoholic, alcohol abuser, emotionally disturbed, mentally retarded, suspected mentally ill, physically handicapped, chronically ill, and those who are disabled or infirm.
28.40. Temporary Release. A period of time during which an inmate is allowed to leave the program or correctional facility and go into the community unsupervised for various purposes consistent with the public interest.
28.41. Training. An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy or training center, at a correctional facility of higher learning, through contract service, at professional meetings, or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements.
28.42. Treatment Plan. A series of written statements which specify the particular course of therapy and the roles of medical and non-medical personnel in carrying out the current course of therapy. It is individualized and based on assessment of the individual patient's needs and includes a statement of the short-term and long-term goals, and the methods by which the goals will be pursued. When clinically indicated, the treatment plan provides inmates with access to a range of supportive and rehabilitative services, e.g., individual or group counseling, and/or self-help groups that the physician considers appropriate.
28.43. Volunteers. Persons from the community who participate in the facility operations. They are selected on the basis of their skills or personal qualities to provide programs and services for the inmate population in recreation, counseling, education and religious activities. Their services are provided without cost to the facility.
28.44. Chief Executive Officer. The person in charge of the correctional facility; the top executive or administrative officer.
28.45. Work Release. A formal arrangement, sanctioned by law, whereby an inmate is permitted to leave confinement to maintain approved and regular employment in the community, returning to custody during non-working hours.
95CSR2
Series 02 WV Minimum Standards For Construction, Operation, And Maintenance Of Prisons
W. Va. Code R. § 95-2-1 General
1.1. Scope. -- This legislative rule establishes minimum standards and procedures for correctional facilities in West Virginia.
1.2. Authority. -- W. Va. Code '31-20-9.
1.3. Filing Date. -- March 27, 1996.
1.4. Effective Date. -- June 3, 1996.
1.5. Repeal of Former Rule. -- This legislative rule repeals and replaces 95CSR2 "West Virginia Minimum Standards for the Construction, Operation, and Maintenance of Prisons", which was filed on June 27, 1989 and which became effective on June 27, 1989.
W. Va. Code R. § 95-2-2 Administration, Organization and Management
2.1. Organization. The correctional facilities of West Virginia shall be administered and managed by the Division of Corrections and the Commissioner of Corrections as provided in W. Va. Code '25-1 et seq.
2.2. Mission Statement. The Division of Corrections shall prepare a written document delineating the mission of each correctional facility within the context of the total correctional system and shall review this mission statement at least annually and update it, if necessary.
2.3. Philosophy and Goals. The Chief Executive Officer of each correctional facility shall prepare a written statement which describes the philosophy and long-range goals of the correctional facility and its satellites; the statement shall be reviewed at least annually and updated if necessary.
2.4. Annual Goals and Objectives. The Chief Executive Officer shall formulate goals for the correctional facility at least annually and translate them into measurable objectives.
2.5. Chief Executive Officer. Each correctional facility shall be headed by a Chief Executive Officer who is in charge of all inmates, personnel, volunteers and all programs and activities connected with the correctional facility.
2.6. Appointment. The Chief Executive Officer of the correctional facility shall be appointed by the Commissioner of the Division of Corrections.
2.7. Qualifications. The educational, operational and administrative qualifications of the Chief Executive Officer of the correctional facility shall be specified in writing by the appointing authority.
2.8. Tenure. The term of office of the Chief Executive Officer, and management or other personnel not included in the classified service rules (143CSR1)of the Personnel Division shall be at the will and pleasure of the Commissioner of Corrections.
2.9. Outside Agencies. The roles and functions of employees of other public or private agencies providing a service to the correctional facility shall be covered by written policies and procedures which specify the relationship to the Division of Corrections and responsibilities of the Chief Executive Officer; the policies and procedures shall be reviewed at least annually.
2.10. Organization Chart. The Chief Executive Officer shall prepare a written plan with an organizational chart for the correctional facility for which he or she is responsible which shall describe the correctional facility organization, and which shall group similar functions, services and activities into administrative subunits. This plan shall be reviewed at least annually and updated as needed by the Chief Executive Officer.
2.11. Staff Meetings. Meetings shall be held at least monthly between the Chief Executive Officer and all department heads, and meetings shall be held at least monthly between department heads and their key staff members. Written records of these meetings shall be kept on file at the facility.
2.12. Staff/Inmate Communication. There shall be a system of two-way communication between all levels of staff and inmates.
2.13. Administrative Manual. The policies and procedures for operating and maintaining the correctional facility and its satellites shall be specified in a manual, which is accessible to all employees and to the public and shall be reviewed at least annually by the Chief Executive Officer.
2.14. Operations Manual. Each department and major administrative unit of the correctional facility shall maintain a manual of standard operating procedures that specifies methods of implementing policies. The standard operating procedures shall be reviewed at least annually, updated as needed, and made available to employees.
2.15. Changes in Manuals. There shall be a written system to disseminate approved new or revised policies and procedures to designated staff, volunteers, and when appropriate, to inmates prior to implementation.
2.16. Inspections and Reviews. There shall be a system whereby the Chief Executive Officer, or designated staff, monitors the implementation of programs and services through inspections and reviews which are conducted at least annually.
2.17. Quarterly Reports. The Chief Executive Officer shall report in writing correctional facility activities at least quarterly to the Division of Corrections. Reports shall include major developments in each department or administrative unit, major incidents, population data, staff and inmate morale, and major problems and plans for solving them.
2.18. Legal Assistance. Legal assistance for the Chief Executive Officer and other staff shall be provided by the Division of Corrections as needed in the performance of their duties.
2.19. Correctional Facility Programs. The correctional facility shall provide for all inmates the following constructive programs, including, at a minimum: reception and orientation; evaluation and classification; academic education equivalent to high school; vocational training; employment; religious services; social services and counseling; psychological and psychiatric services; library services; medical and dental health care; athletic, recreational and leisure time activities; inmate involvement with community groups; mail and visiting; access to media; legal materials; attorneys and courts; volunteer services; and pre-release orientation and planning.
2.20. Requests for Information. Requests from federal, state and local legislative, executive and judicial bodies for information concerning programs and specific cases shall be responded to promptly and fully by correctional facility staff in accordance with written policies and procedures, and provisions relevant to rights of privacy.
2.21. Media Access. Representatives of the media shall be granted access to the correctional facility, consistent with the preservation of inmates' privacy and the maintenance of order and security.
2.22. Collaboration with Colleges. There shall be collaboration with colleges and universities for the provision of educational opportunities for inmates. Institutions of higher learning can provide qualified persons to serve as advisors for policies and programs, and to provide specialized training assistance. Internship or practicum programs developed with college and universities can assist greatly in the development and recruitment of career correctional employees. Mutual use of facilities and faculty can benefit both groups.
2.23. Political Activity. Each correctional facility shall have a written policy conforming to governmental statutes and rules relating to campaigning, lobbying and political practices, which is known and available to all employees.
W. Va. Code R. § 95-2-3 Fiscal Management
3.1. Responsibility. The Chief Executive Officer of the correctional facility is responsible for fiscal policy, management, and control. The Chief Executive Officer may delegate fiscal operational management to a designated staff person.
3.2. Budgetary System. The correctional facilities' planning, budgeting and program management functions shall be interrelated, and linked directly with objectives defined by the Division of Corrections.
3.3. Fiscal Officer. The fiscal officer of the correctional facility shall have appropriate professional qualifications, including at least a Bachelor's Degree in business administration or a related field, and/or three or more years of demonstrated supervisory and administrative experience.
3.4. Budget Process. Correctional facility staff shall participate in the preparation of an annual written budget request.
3.5. Budget Requests. The Chief Executive Officer shall participate in budget deliberations conducted by the Division of Corrections Central Office in order to request funds to maintain the correctional facility's daily operations, finance capital projects, and support long-range objectives, program development, and additional staff requirements.
3.6. Annual Evaluation. The Chief Executive Officer shall review space requirements and the need for capital improvements, at least annually.
3.7. Annual Personnel Assessment. There shall be an annual assessment of presently assigned positions and future personnel needs required to meet the correctional facility objectives.
3.8. Accounting System. The accounting system shall be designed to show the current status of appropriations and expenditures.
3.9. Accounting Procedures. Methods used for collection, safeguarding and disbursement of monies shall comply with accounting procedures established by the Division of Corrections Central Office.
3.10. Deposit of Monies. All monies collected at the correctional facility shall be deposited daily in an officially designated depository.
3.11. Financial Reports. Reports of all monies collected and disbursed shall be prepared and distributed by the designated Fiscal Officer at each facility to the Division of Corrections Central Office on a monthly basis.
3.12. Minimum Policies. Written policies and procedures shall provide for at least the following fiscal matters; internal controls, petty cash, bonding for all appropriate staff, signature control on checks, and the issuance or use of vouchers.
3.13. Internal Monitoring. There shall be ongoing internal monitoring of the correctional facility's fiscal activities, which are reported in writing at least quarterly to the Division of Corrections Central Office.
3.14. Annual Audit. The Division of Corrections shall conduct an annual financial audit of each correctional facility's fiscal records, which shall be independent of the correctional facility.
3.15. Annual Inventory. There shall be an annual physical inventory of property, supplies, and other assets.
3.16. Purchasing Procedure. The requisition and purchase of supplies and equipment shall be in accordance with policies and procedures of the Purchasing Division.
3.17. Position Control. The chief fiscal officer shall maintain information on the number and type of positions filled and vacant at any time. The payroll shall be based on time-keeping records. The fiscal officer shall verify that all persons on the payroll are legally employed, that the positions are authorized in the budget, that attendance records support the payroll and that needed funds are available.
3.18. Insurance Coverage. There shall at a minimum be correctional facility insurance coverage to include the following items: workers' compensation, civil liability for employees, liability for official vehicles, and a public employee blanket bond.
3.19. Inmate Benefit Fund. Money available from donations, commissary profits, or other sources, shall be placed in a fund established for the benefit of the inmates. Responsibility for administering this fund shall be fixed, controls shall be established for collecting and safeguarding the funds, and specific guidelines shall govern the expenditure of these funds.
3.20. Inmate Commissary. There shall be an inmate commissary, or other means by which inmates can purchase items not furnished by the facility from an approved list. Strict controls shall be maintained over its operation and standard accounting procedure shall be followed.
3.21. Commissary Audit. A departmental audit or commissary funds shall be conducted annually and standard accounting procedures followed.
3.22. Control of Inmate Funds. Inmates' personal funds held by the correctional facility shall be controlled by generally accepted accounting procedures.
3.23. Deposit of Inmate Funds. Inmate funds shall be deposited in interest-bearing accounts, with interest accruing to the inmate.
3.24. Inmate Funds Transactions. Any transactions between inmates or inmates and staff, shall have prior approval by the correctional facility's administration.
W. Va. Code R. § 95-2-4 Personnel
4.1. Selection, Retention and Promotion. The selection, retention and promotion of all personnel, with the exception of the warden, contract personnel, and volunteers, shall be on the basis of the rules of the Personnel Division as found at 143CSR1.
4.2. Lateral Entry and Promotion. There shall be provisions for lateral entry as well as promotion from within the correctional facility. Lateral entry is the employment of persons from outside the correctional facility. Any individual with the required education, experience, and background should be eligible to be considered for a position at the level at which the person is qualified. While the correctional facility's personnel policies may emphasize promotion from within, there should be provisions for lateral entry to obtain the best qualified persons to fill positions.
4.3. Equal Employment. There shall be equal employment opportunities for all positions.
4.4. Criminal Record Check. In accordance with state and federal statutes, a criminal record check shall be conducted on all new employees to ascertain whether there are criminal convictions which have a specific relationship to job performance. The results shall be documented and placed in the employee's personnel file.
4.5. Psychological Testing. All personnel who directly supervise inmates shall undergo psychological testing prior to their employment and when a justifiable need exists during their employment, to determine suitability for appointment and retention. The testing shall be designed to measure basic attitudes and tendencies toward honesty and against unprovoked acts of personal violence and shall be administered, scored, and interpreted by, or under the supervision of, a licensed psychologist.
4.6. Physical Examination. There shall be a physical examination of all employees by a physician at the time of employment. Periodic re-examination may be required to assure adherence to predetermined physical requirements.
4.7. Probationary Term. New or promoted employees shall be appointed initially for a probationary term of not less than six months nor more than one year. After completing a probationary period, employees shall be granted permanent status.
4.8. Expense Reimbursement. Employees shall be reimbursed for all approved expenses incurred in the performance of their duties.
4.9. Personnel Policy Manual. There shall be a personnel policy manual which covers, at a minimum, the following areas: organization; recruitment procedures; equal employment opportunity provisions; job qualifications, descriptions and responsibilities; basis for determining salaries; benefits, holidays, leave and work hours; personnel records; employee evaluation; in-service training; promotion; retirement, resignation and termination; employee-management relations; physical fitness policy; disciplinary procedures; grievance and appeals procedures; statutes relating to political practices and insurance and professional liability requirements. A copy of this manual shall be available to each employee.
4.10. Grievance Procedure. There shall be a written grievance procedure for employees.
4.11. Termination or Demotion. Employees on permanent status have the right to request and exhaust grievance and appeals procedures, including a formal hearing.
4.12. Code of Ethics. There shall be available to all employees a written code of ethics that prohibits employees from using their official position to secure privileges for themselves or others and from engaging in activities that constitute a conflict of interest.
4.13. Consultants and Contract Personnel. Consultants and contract personnel who work with inmates shall be informed in writing and agree to abide by the correctional facilities' policies on confidentiality of information.
4.14. Personnel Requirements. Personnel staffing requirements shall be systematically determined in all categories on an ongoing basis in order to ensure inmate access to staff and availability of support services.
4.15. Shift Relief Factor. The Division of Corrections shall develop a formula which shall be used to determine the number of persons needed to staff key positions in the correctional facility which considers, at a minimum, regular days off, annual leave, holidays and average sick leave. Positions in the correctional facility which require staffing for more than one shift and/or more than five days per week shall be budgeted for the additional staff needed. Additional factors which shall be included in a formula are days off duty for training, military leave time, and other factors specific to the correctional facility and the jurisdiction.
4.16. Personnel Records. Each correctional facility shall maintain a current, accurate and confidential personnel record on each employee.
4.17. Record Correction. There shall be provision for employees to challenge information in their personnel file and have it corrected or removed if it is proven inaccurate.
4.18. Annual Evaluation. There shall be a written annual performance review of all employees, which is based on defined criteria and is reviewed and discussed with the employee.
W. Va. Code R. § 95-2-5 Training and Staff Development
5.1. Program Supervision. Training programs for all employees shall be specifically planned, coordinated, and supervised by a qualified employee at the supervisory level, and reviewed annually.
5.2. Specialized Training. The individual coordinating the training and staff development program shall have received specialized training for that position. At a minimum, full-time training personnel shall have completed a 40 hour training-for-trainers course.
5.3. Training Evaluation. The correctional facility's training and staff development plan shall provide for an ongoing formal evaluation of all pre-service, in-service and specialized training programs, with a written report prepared annually.
5.4. Library and Reference Services. Library and reference services shall be available to complement the training and staff development program.
5.5. Outside Resources. The training and staff development program shall use the resources of other public and private agencies, private industry, colleges and libraries.
5.6. Space and Equipment Requirements. Space and equipment required for the training and staff development program shall be available. Separate locations shall be provided for firearms and gas equipment training and for physical training. Equipment shall be provided for audio-visual presentations. Other equipment shall include, at a minimum, firearms, gas equipment, and ammunition.
5.7. Replacement Personnel. The budget shall include funds for reimbursing replacement personnel required when regular personnel are off duty for training purposes.
5.8. New Full-Time Employees. Each correctional facility shall provide all new full-time employees with 40 hours of orientation/training prior to being independently assigned to a particular job. This orientation/training shall include, at a minimum: orientation to the purpose, goals, policies and procedure of the correctional facility and the Division of Corrections; working conditions and regulations; responsibilities and rights of employees; and an overview of the correctional field. Depending upon the employee(s) and the requirements of the particular job, the orientation/training may include some preparatory instruction related to the particular job. There shall be provisions for acknowledging and granting credit for prior training received.
5.9. New Clerical/Support Employees. All clerical/support employees who have minimal contact with inmates shall receive a minimum of an additional 16 hours of training during the first year of employment and 16 hours of training each year thereafter.
5.10. New Support Employees. All support employees who have regular or daily inmate contact shall receive a minimum of an additional 40 hours of training during their first year of employment and an additional 40 hours of training each subsequent year of employment.
5.11. New Professional Specialized Employees. All professional specialist employees who have inmate contact shall receive a minimum of an additional 40 hours of training during their first year of employment, and an additional 40 hours of training each subsequent year of employment.
5.12. New Correctional Officers. All new correctional officers shall receive a minimum of an additional 120 hours of training during their first year of employment and an additional 40 hours of training each subsequent year of employment. At a minimum this training shall initially cover the following areas:
5.12.1. Security procedures;
5.12.2. Supervision of inmates;
5.12.3. Use of force regulations and tactics;
5.12.4. Report writing;
5.12.5. Inmate rules and regulations;
5.12.6. Rights and responsibilities;
5.12.7. Fire and emergency procedures;
5.12.8. Firearms training;
5.12.9. Key control;
5.12.10. Interpersonal relations;
5.12.11. Social/cultural lifestyles of the inmate population;
5.12.12. Communication skills; and,
5.12.13. First aid.
5.13. Administrative and Managerial Staff. All administrative and managerial staff shall receive a minimum of an additional 40 hours of training during their first year of employment, and an additional 40 hours of training each subsequent year of employment. This training shall initially cover the following areas, at a minimum:
5.13.1. General management and related subjects;
5.13.2. Labor law;
5.13.3. Employee-management relations;
5.13.4. Interaction of elements of the criminal justice system; and,
5.13.5. Other service agencies.
5.14. CERT Unit. When there is a correctional emergency response team, all assigned officers shall have a minimum of one year of experience as a correctional officer, which includes at a minimum 160 hours of training. They shall receive a minimum of 40 hours of relevant emergency unit training prior to assignment, and subsequent annual training shall consist of a minimum of 40 hours emergency unit training in addition to the standard 40 hours of continuing training.
5.15. Contract and Part-time Staff. All contract personnel and part-time staff shall receive formal appropriate orientation prior to their assignments and additional training as needed.
5.16. Firearms. Prior to assignment to a post involving possible use of a firearm, all personnel authorized to use firearms shall receive appropriate firearm training; this training shall cover the use, safety, care, and constraints involved in the use of firearms. All authorized personnel shall be required to achieve Division of Corrections certification requirements.
5.17. Chemical Agents. All personnel authorized to use chemical agents shall be thoroughly trained in their use and in the treatment of individuals exposed to the chemical agent.
5.18. Use of Force. All security and custodial personnel shall be trained in self-defense, passive restraining and use of force to control inmates.
5.19. Continuing Education. The correctional facility shall provide administrative leave and/or reimbursement for employees attending professional meetings, seminars and/or similar work-related activities approved by the Chief Executive Officer, with concurrence of the Commissioner of Corrections.
W. Va. Code R. § 95-2-6 Management Information and Research
6.1. System of Information. The correctional facility shall contribute to, have access to, and use an organized system of information storage, retrieval and review that is part of an overall research and decision-making capacity, relative to both inmate and operational needs.
6.2. System Access. The information system shall specify those persons who have direct access to it and shall provide internal security to prevent unauthorized access.
6.3. Collaboration. The correctional facility and the Division of Corrections shall cooperate with criminal justice and service agencies in information gathering, exchange and standardization.
6.4. Correctional Facility Evaluation. The correctional facility shall develop standard evaluation criteria which consider the nature of events to be counted, the categorization of behaviors and degrees of seriousness to be included, and the duration of the follow-up period. Its system to measure the degree of internal order shall include, but not be limited to the following:
6.4.1. The escape rate;
6.4.2. The frequency and number of assaults on staff;
6.4.3. Group disturbances by inmates;
6.4.4. Assaults and homicides by inmates;
6.4.5. Weapons and/or illegal drugs found; and,
6.4.6. Major and minor disciplinary actions.
When management data concerning offenders is compiled, it shall allow for categorization by age, sex, race, offense and prior record.
6.5. Population Reports. The Chief Executive Officer shall receive, at least quarterly, reports and summaries of the characteristics, movement and status of the inmate population from those responsible for the information system and research programs.
6.6. System Evaluation. A written evaluation of the effectiveness of the overall information system, as it relates to the management of the facility, shall be prepared at least annually.
6.7. Correctional Facility Program Evaluation. The correctional facility's programs shall be analyzed and evaluated, at least every two years, to determine their contribution to the mission of the correctional facility.
6.8. Research Findings. The conduct of research in the correctional facility shall comply with state and federal guidelines for the use and dissemination of research findings and with accepted professional and scientific ethics.
6.9. Approval of Research. The Chief Executive Officer shall review and approve all correctional facility research projects in conformity with the policy of the Division of Corrections prior to their implementation.
6.10. Inmate Participation. Written policies and procedures shall govern voluntary inmate participation in nonmedical, nonpharmaceutical and noncosmetic research programs.
W. Va. Code R. § 95-2-7 Records
7.1. Record Management. The Division of Corrections shall develop procedures governing case record management which shall include, but not be limited to these areas: establishment; utilization; content; privacy; security; preservation; and, a schedule for retiring or destroying inactive case records. These policies and procedures shall be reviewed annually by the Division of Corrections.
7.2. Inmate Case History. The correctional facility shall maintain a cumulative case history on each inmate. All data in the file shall be verified and maintained in accordance with applicable state and federal rules and regulations regarding security and confidentiality.
7.3. Case Record Content. The contents of case records shall be identified and separated according to an established format.
7.4. Master Index. Staff shall maintain an up-to-date master index identifying all inmates who are on the grounds, temporarily off the grounds, in a satellite unit, or who have escaped. Information on the status and whereabouts of each inmate shall be readily available to administrative and supervisory personnel so that security and control can be maintained, and when appropriate, accurate information provided outside agencies.
7.5. Case Record Access. The correctional facility shall establish procedures to limit access to case records to persons and public agencies that have both a "need to know" and a "right to know" and that can demonstrate that access to the information will serve a criminal justice purpose. Written guidelines shall regulate inmate access to records.
7.6. Consent Form. The administration shall use a consent form which complies with applicable federal or state rules and regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information as required by statute or rule or regulation and a copy of the form shall be maintained in the inmate's case record.
7.7. Transfer of Records. Procedures shall provide that when an inmate is transferred from one correctional facility to another, the inmate's updated case file is simultaneously transferred, or transferred within 72 hours. This procedure shall also include the transfer of medical files.
7.8. Population Movement Sheet. Official daily movement sheets shall detail the number and types of admissions and releases each day and the count at the close of the day.
7.9. Inmate Time. Case files shall provide a continual and accurate record of the inmate's time. Proper notification to all appropriate parties shall accompany any change reflected in the record.
W. Va. Code R. § 95-2-8 Physical Plant
8.1. General. All new correctional facilities shall be designed, constructed, maintained and operated in accordance with the standards and requirements set out and established by the State Fire Code, 87CSR1. All existing correctional facilities shall comply with the rules set forth for existing correctional facilities in the State Fire Code, 87CSR1.
8.2. Safety of Occupants. Because the safety of all occupants in all detention and correctional facilities cannot be adequately assured solely by a dependence upon evacuation from the building, their protection from fire shall be provided by the appropriate arrangement of facilities, an adequately trained staff, and the careful development of operating, security and maintenance procedures to include the following:
8.2.1. Proper design, construction and compartmentalization;
8.2.2. Provisions for fire detection, alarms and extinguishment;
8.2.3. Fire prevention programs which include planning, training, and drills covering such protection activities as: isolation of the fire; transfer of occupants to areas of refuge; evacuation of the facility; or measures for in-place protection of the occupants; and,
8.2.4. Security provisions to the degree necessary to provide for the safety of both the occupants of the facility and the general public.
8.3. State Fire Marshal Review. Plans and specifications for all new correctional facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
8.4. State Fire Marshal Certificate. No correctional facility shall be occupied until a certificate of occupancy is issued by the State Fire Marshal's Office.
8.5. Housing Units. Correctional Facilities of more than 500 inmates shall be subdivided into units of not more than 500 inmates each which are staffed by a unit manager and the number and variety of personnel required to provide the program services and custodial supervision needed for each unit.
8.6. Population Capacity. The population assigned to housing units shall not exceed the rated bed capacity of the facility.
8.7. Single Occupancy. Only one inmate shall occupy a room or cell designed for single occupancy which has a floor area of at least 60 square feet, provided the inmate spends no more than 10 hours per day locked in. When confinement exceeds 10 hours per day, there shall be at least 70 square feet of floor space.
8.8. Environment. Each room or cell shall have, at a minimum, access to the following facilities and conditions:
8.8.1. A toilet above floor level which is available for use without staff assistance 24 hours a day;
8.8.2. A wash basin with hot and cold running water;
8.8.3. A bed above floor level, a desk, hooks or closet space, and a chair or stool;
8.8.4. Natural light;
8.8.5. Lighting of at least 20 foot candles at desk level and in the personal grooming area;
8.8.6. Circulation of at least 10 cubic feet of outside or recirculated filtered air per minute per human occupant;
8.8.7. Temperatures that are appropriate to the summer and winter comfort zones; and,
8.8.8. Noise levels that do not exceed 70 decibels in daytime and 45 decibels at night.
8.9. Multiple Occupancy. Where used, multiple occupancy rooms shall normally house no less than four and no more than 50 inmates each. Inmates shall be screened prior to admission for suitability to group living. Multiple occupancy rooms shall provide for:
8.9.1. Continuing observation by staff;
8.9.2. A minimum floor area of 50 square feet per occupant in the sleeping area and a clear floor to ceiling height of not less than eight feet;
8.9.3. Toilet and shower facilities at a minimum of one operable toilet and shower for every eight inmates;
8.9.4. One operable wash basin with hot and cold running water for every six inmates;
8.9.5. Natural lighting;
8.9.6. Beds above floor level, a desk or writing surface, and a chair or stool;
8.9.7. A locker for each occupant;
8.9.8. Lighting of at least 20 foot candles at desk level and in the personal grooming area;
8.9.9. Circulation of at least 10 cubic feet outside or recirculated air per minute per occupant;
8.9.10. Temperatures that are appropriate to the summer and winter comfort zones; and,
8.9.11. Noise levels that do not exceed 70 decibels in daytime and 45 decibels at night.
8.10. Minimum Security Housing. Minimum security correctional facilities, or minimum security areas within larger correctional facilities shall provide individual rooms with either key control shared by the occupants and staff, or continuous access to toilet and shower facilities and hot and cold running water, including drinking water. Rooms shall also provide the following facilities and conditions:
8.10.1. A minimum floor area of 60 square feet;
8.10.2. A bunk above floor level, a desk, hooks, or closet space, and a chair or stool;
8.10.3. Natural lighting;
8.10.4. Lighting of at least 20 foot candles at desk level and in the personal grooming area;
8.10.5. Circulation of at least 10 cubic feet of outside or recirculated filtered air per minute per occupant;
8.10.6. Temperatures that are appropriate to the summer and winter comfort zones; and,
8.10.7. Noise levels that do not exceed 70 decibels in daytime and 45 decibels at night.
8.11. Segregation Rooms. Segregation rooms shall provide living conditions that approximate those of the general inmate population. Any exceptions shall be clearly documented. Segregation housing units shall provide for the following:
8.11.1. Single occupancy rooms or cells with a floor area of at least 70 square feet;
8.11.2. A bed above floor level, a desk or writing space and a stool;
8.11.3. Continuous access to above floor toilet facilities;
8.11.4. Hot and cold running water;
8.11.5. Natural light;
8.11.6. Lighting with at least 20 foot candles at desk level and in the personal grooming area;
8.11.7. Circulation with at least 10 cubic feet outside or recirculated, filtered air per minute per occupant;
8.11.8. Temperatures that are appropriate to the summer and winter comfort zones; and,
8.11.9. Noise levels that do not exceed 70 decibels in daytime and 45 decibels at night.
8.12. Segregation Observation. The segregation room shall have doors which permit observation by staff.
8.13. Day Rooms. Day rooms equivalent to a minimum of 35 square feet per inmate shall be available to all inmates for reading, writing or tables games. Tables shall be provided which may also be used for dining. Adequate seating shall also be provided.
8.14. Exercise Area. Space outside the cell or room shall be provided for inmate exercise.
8.15. Visitation Area. There shall be a visiting room or area for contact visiting and, if necessary, a visiting area of noncontact visiting, both of which provide a reasonable degree of privacy.
8.16. Commissary Area. An area shall be provided where inmates can purchase personal items. The size of the commissary shall be commensurate with the size of the inmate population. When security consideration dictate, a staff member may take moveable carts to cell blocks or orders may be placed for delivery instead.
8.17. Watch Tower. If the correctional facility has watch towers, they shall be placed so that they permit an unobstructed view of the grounds and perimeter and shall be equipped with the weaponry, lighting, sighting and communication devices necessary for effective execution of their function.
8.18. Administrative Area. Space shall be provided for administrative, custodial, professional and clerical staff; this space shall include conference rooms, storage room for records, a public lobby and toilet facilities.
8.19. Handicapped Housing. Severely physically handicapped inmates may be housed in special facilities. When the correctional facility accepts handicapped individuals, provision shall be made for their housing and for their use of facility resources.
8.20. Janitor Closets. Space shall be provided for janitor closets, which shall be equipped with a sink and cleaning implements.
8.21. Storage Rooms. There shall be storage rooms in the correctional facility for clothing, bedding and cleaning supplies.
8.22. Inmate Property Storage. Safe and secure storage shall be available to ensure accountability for the personal property of inmates.
8.23. Mechanical Equipment. Sufficient space shall be provided for equipment needed for heating, ventilating, air conditioning, water supply, waste removal, electricity, communications, etc.
8.24. Preventive Maintenance. There shall be a written plan for preventive maintenance of the physical plant which provides for emergency repairs or replacement in life threatening situations.
8.25. Indoor Exercise Space. There shall be a separate indoor space for vigorous exercise in inclement weather; this space shall be at least large enough to accommodate inmates who wish to lift weights, play volleyball, do calisthenics, etc.
8.26. Outdoor Recreation Space. There shall be a minimum of two acres of outdoor recreation space for each inmate unit of up to 500 inmates; additional outdoor recreation space shall be provided at the rate of 90 square feet per inmate over 500.
W. Va. Code R. § 95-2-9 Safety and Emergency Procedures
9.1. Policies and Procedures. Written policies and procedure shall be adopted specifying the correctional facility's fire prevention regulation, policies, procedures and practices. For purposes of clarification and identification these policies and procedures of fire prevention are divided into two classifications:
9.1.1. General requirements applicable to all occupancies covered by the State Fire Code; and,
9.1.2. Specific detention and correctional occupancies.
9.2. General Requirements. The following includes the general requirements applicable to all occupancies covered by the State Fire Code.
9.2.1. Construction, Repair and Improvement Operations. Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, ladders or other approved means or devices arranged in accordance with the general principles of the State Fire Code insofar as they can reasonably be applied to buildings under construction. Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building of normally low or ordinary hazard classification while the building is occupied only if the conditions of use and safeguards provided are such as not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.
9.2.2. Reliability of Means of Egress. Every required exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.
9.2.3. Furnishings and Decorations. Furnishings and decorations in the means of egress are subject to the following:
9.2.3.a. No furnishings, decorations, or other objects shall be placed in any manner to obstruct exits or visibility;
9.2.3.b. Hangings or draperies shall not be placed over exit doors or otherwise located as to conceal or obscure any exit. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit; and,
9.2.3.c. There shall be no obstruction by railing, barriers, or gates that divide the open space into sections appurtenant to individual rooms, apartments, or other uses. Where the Chief Executive Officer finds the required path of travel to be obstructed by furniture or other movable objects, he or she may require that railings or other permanent barriers be installed to protect the path of travel against encroachment.
9.2.4. Equipment Maintenance and Testing. Equipment maintenance and testing shall include the following:
9.2.4.a. Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door, and any other item of equipment required by this rule shall be continuously maintained in proper operating condition;
9.2.4.b. Any equipment requiring testing or periodic operation to assure its maintenance shall be tested or operated as specified elsewhere in this rule or as directed by the authority having jurisdiction;
9.2.4.c. Systems shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and who has general charge of all alterations and additions;
9.2.4.d. Systems shall be tested at intervals recommended by the appropriate standards listed in the National Fire Protection Association (NFPA) Fire Code;
9.2.4.e. Automatic Sprinkler Systems. All automatic sprinkler systems required by this rule shall be maintained in operating condition at all times, and such periodic inspections and tests shall be made as are necessary to assure proper maintenance; and,
9.2.4.f. Alarm and Fire Detection Systems. Fire alarm signaling equipment shall be restored to service as promptly as possible after each test or alarm and shall be kept in normal condition for operation.
9.2.5. Furnishings, Decorations and Treated Finishes. Furnishings, decorations and treated finishes are subject to the following:
9.2.5.a. Draperies, curtains and other similar furnishings and decorations shall be flame resistant where required by the applicable provisions of the State Fire Code 87CSR1. The materials required in this paragraph are to be tested in accordance with Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA 701, and shall comply with both the small and large-scale tests;
9.2.5.b. Furnishings or decorations of an explosive or highly flammable character shall not be used; and,
9.2.5.c. Fire retardant paints or solutions shall be renewed at such intervals as necessary to maintain the necessary flame retardant properties.
9.2.6. Fire Exit Drills. Fire drills are subject to the following:
9.2.6.a. Fire exit drills conforming to the provisions of the State Fire Code (87CSR1) shall be regularly conducted in occupancies where specified by the provisions of the Code;
9.2.6.b. Fire exit drills, where required by the authority having jurisdiction, shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine;
9.2.6.c. The Chief Executive Officer shall assign responsibility for the planning and conduct of drills to a competent person qualified to exercise leadership;
9.2.6.d. In the conduct of drills emphasis shall be placed upon orderly evacuation under proper discipline rather than upon speed;
9.2.6.e. Drills shall include suitable procedures to make sure all persons in the building, or all persons subject to the drill, actually participate; and,
9.2.6.f. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions prevalent in case of fire.
9.3. Detention and Correctional Occupancies. This subsection includes requirements specifically directed to detention and correctional occupancies.
9.3.1. Attendants, Evacuation Plan, Fire Exit Drills. Attendants, evacuation plan, and fire exit drills shall include the following:
9.3.1.a. Detention and correctional facilities, or those portions of facilities having such occupancy, must be provided with 24-hour staffing on any floor level having residency and located within 100 feet (30.48M) of the accessway to any housing area. Under Use Conditions III, IV and V, as defined in the NFPA Life Safety Code for classification of correctional occupancies, audio monitoring shall be provided for every sleeping space;
9.3.1.b. The administration of every detention and correctional facility shall have in effect and provided to all supervisory personnel, written copies of a plan for the protection of all persons in the area in event of fire and for their evacuation to areas of refuge and from the building where necessary. All employees shall be periodically instructed and kept informed respecting their duties under the plan;
9.3.1.c. Books, clothing and other combustible personal property allowed in sleeping rooms shall be stored in closeable metal lockers or fire resistant containers; and,
9.3.1.d. The amount of heat producing appliances (such as toasters, hot plates, etc.) and the overall use of electrical power within a sleeping room shall be controlled by facility administration.
9.3.2. Furnishings and Decorations. Furnishings and decorations are subject to the following:
9.3.2.a. Furnishings and decorations in detention and correctional occupancies shall be in accordance with the provisions the NFPA Life Safety Code Operating features;
9.3.2.b. Combustible decorations are prohibited in any detention or correctional occupancy unless flame retardant;
9.3.2.c. Wastebaskets and other waste containers shall be of noncombustible or other approved materials;
9.3.2.d. Furnishings, such as mattresses and upholstered or cushioned furniture shall not be of a highly flammable character; and,
9.3.2.e. Window draperies, curtains for decoration or acoustical purposes and privacy curtains shall be noncombustible or rendered and maintained flame resistant as per Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA 701.
9.3.3. Keys. All keys necessary for unlocking doors installed in a means of egress shall be individually identified by both touch and sight.
9.3.4. Storage of Flammable, Toxic and Caustic Material. Written policies and procedures shall govern the storage and use of all flammable, toxic, and caustic material ensuring that inmates are never in possession of items such as lye, insecticide, anti-freeze and denatured alcohol, unless they are under constant supervision by qualified personnel. These materials shall be stored in secure areas that are inaccessible to inmates; a prescribed system shall be used to account for their distribution.
9.3.5. Fire and Safety Officer. An administrative staff member shall be appointed as Fire and Safety Officer. This officer is responsible for monthly inspection of the correctional facility and development of Standing and Emergency Operating Procedures relating to fire and safety, and for staff and safety training.
9.3.6. Inspection. Each correctional facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
W. Va. Code R. § 95-2-10 Security and Control
10.1. Policies and Procedures Manual. There shall be a manual containing all of the procedures for correctional facility security and control, and detailed instructions for implementing these procedures. This manual shall be available to all staff and is to be reviewed at least annually and updated if necessary. The manual shall contain information on inmate classification, physical plant inspection, inmate counts, weapons and chemical agent control, contraband, key control, tool and equipment control, cell equipment, emergency procedure, and inmate programs and activities.
10.2. Perimeter Security. The correctional facility's perimeter shall be controlled by an appropriate means to provide that inmates remain within the perimeter and to prevent access by the general public without the appropriate authorization.
10.3. Surveillance. There shall be surveillance of all areas adjacent to the perimeter of the correctional facility.
10.4. Entrance Security. Safety vestibules and sally ports shall constitute the only breaches in the correctional facility's perimeter security.
10.5. Traffic Entry. Pedestrian and vehicular traffic shall enter and leave at designated points in the perimeter.
10.6. Control Center. The correctional facility shall maintain a control center to provide order and security. A central control is essential for integrating various security and communications functions. The control center shall be staffed around the clock, and access to it should be limited. The control center staff shall monitor and take responsibility for inmate counts, key control and the coordination of the correctional facility's internal and perimeter security network. The control center shall serve also as the communications center for the correctional facility. The control center shall monitor the operation of various systems: fire alarm, public address, smoke and thermal detection, radio, teletype, computer terminal, surveillance alarms, walk and perimeter lighting, and other mechanical and electrical systems.
10.7. Inmate Movement. All inmate movement from one location to another shall be controlled and supervised by staff in the interest of order, control, and expedience. Individual and group inmate movement to and from work and program assignments shall require staff control and supervision.
10.8. Inmate Counts. There shall be at least one inmate count per shift. The officer responsible for maintaining the master count record shall be provided up-to-the-minute information regarding all inmate housing moves and work assignment changes, admissions to the hospital, etc. Adequate checks shall be instituted to allow for human error. All inmates in legal custody shall be accounted for in the master count. All temporary absences from the correctional facility shall be explained in writing.
10.9. Inmate Transportation. Inmate transportation procedures shall be designed to guard against escape and to ensure the well-being of inmates, staff, and the public. Guidelines for transporting inmates shall emphasize safety and shall be made available to all personnel involved in transporting inmates. The correctional facility shall have policies governing the use of restraints.
10.10. Use of Restraints. Instruments of restraint, such as handcuffs, irons, straight jackets, and the like, shall never be applied as punishment, and are to be applied only with the approval of the Chief Executive Officer or his or her designee.
10.11. Use of Firearms. Procedures governing the use of firearms, shall include the following:
10.11.1. Weapons shall be subjected to stringent safety regulations and inspections;
10.11.2. Except in emergency situations, employees carrying firearms shall be assigned only to watchtowers, gun walks, mobile patrols, or other positions that are inaccessible to inmates;
10.11.3. Employees supervising inmates outside the correctional facility perimeter shall follow procedures which specify methods for ensuring the security of weapons;
10.11.4. Employees shall be instructed to use deadly force only after other actions have been tried and found ineffective, unless the employee believes that a person's life is immediately threatened; and,
10.11.5. Employees on duty shall only use firearms issued by the correctional facility and only when directed by or authorized by the Chief Executive Officer or officer in charge.
10.12. Firearms Loading Area. An area shall be designated for the unloading and reloading of firearms for both correctional facility personnel and visiting law enforcement officers to ensure that this process presents the least possible danger.
10.13. Control of Firearms and Security Devices. Designated staff shall determine, based on an analysis of the physical plant, and number and profile of the inmate population, what firearms, chemical agents, and other security devices (such as shields, batons, helmets, gloves, body protectors, etc.) the correctional facility needs. Written policies and procedures shall specify the level of authority required for access to and use of security devices. Chemical agents shall be used only at the direction of the Chief Executive Officer or his or her designee.
10.14. Storage of Firearms and Security Devices. Firearms, chemical agents and related security equipment shall be stored in a secure but readily accessible depository outside inmate housing and activity areas, and shall be inventoried at least monthly to determine their condition and expiration dates.
10.15. Distribution of Firearms and Security Devices. The correctional facility shall maintain a written record of routine and emergency distributions of security equipment.
10.16. Reporting Use of Weapons. Personnel discharging firearms, using chemical agents or any other weapon, or using force to control inmates shall submit written reports to the Chief Executive Officer or his or her designee no later than the conclusion of the tour of duty.
10.17. Search Plans.
10.17.1. Correctional facility search plans and procedures shall include the following:
10.17.1.a. Unannounced and irregularly timed searches of cells, inmates, and inmate work areas;
10.17.1.b. Frequent search and careful supervision of inmate trustees;
10.17.1.c. Inspection of all vehicular traffic and supplies coming into the correctional facility;
10.17.1.d. Use of metal detectors at compound gates and entrances into cell blocks; and,
10.17.1.e. Complete search and inspection of each cell prior to occupancy by a new inmate.
10.17.2. The search plan shall provide for the following:
10.17.2.a. Avoidance of unnecessary force, embarrassment or indignity to the inmate;
10.17.2.b. Use of noninvasive sensors and other techniques instead of body searches whenever feasible;
10.17.2.c. Conduct of searches no more frequently than necessary to control contraband or to recover missing or stolen property;
10.17.2.d. Respect of an inmate's right to any property authorized by correctional facility regulations; and,
10.17.2.e. Use of only those mechanical devices absolutely necessary for security purposes.
10.18. Intrusive Body Cavity Inspections. Manual or instrument inspection of body cavities shall be conducted only when there is reason to do so and when authorized by the Chief Executive Officer or his or her designee. This inspection shall be conducted in private by health care personnel.
10.19. Visual Body Cavity Inspections. Visual inspection of inmate body cavities shall be conducted based on a reasonable belief that the inmate is carrying contraband or other prohibited material. The inspection shall be conducted by trained staff in private.
10.20. Contraband Searches. The policy regarding searches for the control of contraband shall be published, made available to staff and inmates, reviewed at least annually, and updated if necessary.
10.21. Key Control. The key control system shall provide a current accounting of the location and possessor of each key. All keys shall be issued from a central control area, and a log shall be used to record the number of each key given out, the location of the lock, the number of keys to that lock, and the names of all employees possessing the key. Keys shall be stored in a manner that permits easy determination of either the presence or absence of keys. Keys shall be returned to the control center daily. All keys shall be numbered, and the correctional facility shall maintain at least one duplicate key for each lock. Fire and emergency keys shall be color-coded and marked for identification by touch. Inmates shall not possess keys other than those to living quarters or work assignments, when appropriate, and to personal lockers.
10.22. Tool Control. Tools and utensils such as hacksaws, welding equipment, butcher knives and barber shears shall be locked in control panels and issued in accordance with a prescribed system. Provision shall be made for checking tools and utensils in and out, and for the control of their use at all times.
10.23. Security of Vehicles. Responsibility and keys for certain vehicles shall be assigned to specific staff, but the pool of vehicles shall be controlled by one person. Written policies and procedure shall state the conditions under which inmates may drive vehicles.
10.24. Personal Vehicles. The use of personal vehicles for official purposes shall be governed by written policy that specifies the conditions for their use and the limits of the correctional facility's liability.
10.25. Post Orders. Written orders shall specify the duties of each post and the procedures to be followed to carry out the assignment. Copies of the post orders shall be available for all employees.
10.26. Use of Post Orders. Procedures shall provide for personnel to read the appropriate post order each time they assume a new post and to sign and date the post order.
10.27. Supervisory Staff Inspection. Line supervisory staff shall visit and inspect every area of the correctional facility daily, including weekends and holidays. Matters requiring further attention, such as staff and inmate concerns, faulty, unsafe or dirty conditions, etc., shall be reported in writing to the appropriate official for review and further action.
10.28. Maintenance Procedure. There shall be a scheduled maintenance procedure to ensure that all bars, locks, windows, doors, and other security devices are fully operational. Emergency keys shall be checked at least quarterly to make sure that they are in working order. Results of all inspections shall be submitted in writing to the chief executive officer and/or the officer in charge of security.
10.29. Staff Inspections. Procedures shall require that the Chief Executive Officer or his or her designee, the chief custodial officer, the chief medical officer or health staff designee, and/or other department heads inspect the correctional facility's living and activity areas at least weekly.
10.30. Inmate Control. Procedures shall provide that no inmate or group of inmates is given control or authority over other inmates.
10.31. Use of Physical Force. Procedures shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, and prevention of escapes, as a last resort and in accordance with appropriate statutory authority. In no event is physical force justifiable as punishment. A written report shall be prepared following all uses of force and submitted to the administrative staff for review.
10.32. Shift Logs. Correctional Officers shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
10.33. Medical Treatment. All persons injured in an incident shall receive an immediate medical examination and treatment.
10.34. Escape Procedure. Procedures regarding escapes shall be reviewed at least annually and updated if necessary by the Chief Executive Officer. These procedures shall include the following:
10.34.a. Prompt reporting of the escape to the Chief Executive Officer;
10.34.b. Mobilization of employees;
10.34.c. Implementation of a predetermined search plan;
10.34.d. Notification of law enforcement agencies, community groups, and interested media;
10.34.e. Preparation of escape circulars for distribution and mailing; and,
10.34.f. After capture of the escapee, prompt notification of all who were previously alerted to the escape.
10.35. Emergency Plans. Written plans shall specify procedures to be followed in situations which threaten correctional facility security, including, but not limited to, riots, hunger strikes, disturbances, and taking of hostages. These plans shall be made available to all applicable personnel, and reviewed and updated at least annually.
10.36. Emergency Units. Where there is a special unit of employees to assist in the event of disturbances, those employees shall be selected and evaluated according to written criteria and shall receive special training in methods of negotiation and confrontation. The unit shall be activated only by the Chief Executive Officer or his or her designee.
10.37. Contingency Plans. A written plan shall provide for continuing operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, and they shall be required to familiarize themselves with it.
10.38. Emergency Communications. In emergency situations, when conventional means of communication, such as telephones, are disrupted, the facility shall have available walkie-talkies, and/or a radio base station, receivers, and transmitters, or other independent mechanical means of communication, in order to maintain constant contact with the outside community.
W. Va. Code R. § 95-2-11 Special Management Inmates
11.1. Segregation Units. Procedures shall provide for the operation of segregation units for the supervision of inmates under administrative segregation, protective custody, and disciplinary segregation.
11.2. Immediate Detention. The Chief Executive Officer or shift supervisor shall have authority to order immediate detention only if a dangerous condition exists that seriously threatens either the safety of the inmate, the correctional facility or other persons. No inmate temporarily confined may continue in confinement longer than 72 hours without a disciplinary hearing.
11.3. Disciplinary Segregation. Inmates shall be placed in disciplinary segregation for a rule violation only after a hearing, a finding of guilty, and disposition by the designated disciplinary authority.
11.4. Administrative Segregation. Placement in administrative segregation shall be preceded by the inmate receiving notice of the intended placement, appearance at a hearing, and an opportunity to present his or her case to the hearing officer(s).
11.5. Review of Status. Procedures shall provide for a review of the status of inmates in administrative segregation and protective custody by the classification committee or other authorized staff group every 30 days.
11.6. Release from segregation. An inmate shall be released from administrative segregation by action of the appropriate authority with jurisdiction over the inmate's placement in this status.
11.7. Protective Custody. Inmate admission to the segregation unit for purpose of protective custody shall be made only when there is documentation that protective custody is warranted and no reasonable alternatives are available.
11.8. Environment. All inmates in segregation shall be provided prescribed medication, clothing that is not degrading, and access to basic personal items for use in their cells, unless there is imminent danger that an inmate or any other inmate(s) will destroy an item or induce self-injury.
11.9. Deprivation of Item of Activity. Whenever an inmate in segregation is deprived of any unusually authorized item or activity, a written report of the action shall be made for the master file and forwarded to the chief security officer.
11.10. Meals. Procedures shall require that inmates in segregation receive meals of equal quality and quantity as those served to the general population.
11.11. Personal Hygiene. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, including the opportunity to shave and shower daily, unless procedures present an undue security hazard. Inmates shall be provided a toothbrush, toothpaste, soap, towels, shaving materials, shampoo and a comb.
11.12. Clothing and Linen. Procedure shall provide for the issuance and exchange of clothing, bedding and linen and for laundry, barbering and hair care services for inmates in segregation on the same basis as inmates in the general population; exceptions shall be permitted only where found necessary by the senior officer on duty, and shall be recorded in the unit log and justified in writing.
11.13. Mail. Inmates in segregation shall be provided the same opportunities for the writing and receipt of letters as those available to the general inmate population. Letters shall be delivered promptly. If any item consistent with policies and procedures is rejected, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.
11.14. Visitation. Inmates in segregation shall be provided opportunities for visitation, consistent with classification and other correctional facility visitation policies. An adequate visitation area with tables and chairs shall be provided, where appropriate.
11.15. Telephone. Inmates in administrative segregation, disciplinary segregation and protective custody shall be allowed telephone privileges.
11.16. Legal Materials. Inmates in segregation shall have access to legal materials at least three times per week.
11.17. Reading Materials. Inmates in segregation shall have access to books, magazines and writing materials.
11.18. Exercise. Inmates in segregation shall receive a minimum of one hour per day, seven days per week, of outdoor exercise. A written record shall be kept of each inmate's participation in the exercise program.
11.19. Programs and Services. Inmates in administrative and protective custody shall have access to programs and services that include, but are not limited to the following: educational services, commissary services, library services, social services, counseling services, religious guidance, and recreational programs. Inmates in the administrative segregation unit shall be allowed to participate in facility programs to the same extent as the general inmate population. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.
11.20. Permanent Log. Admissions of all inmates to segregation units shall be recorded with information on the inmate's name, number, housing location, admission date, type of infraction or reason for admission, tentative release date, and special medical or psychiatric problems or needs. The log also shall be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.
11.21. Staff Visits. Inmates in segregation shall receive daily visits from the chief security officer or shift supervisor, members of the program staff upon request, or a qualified health care official, unless medical attention is needed more frequently.
W. Va. Code R. § 95-2-12 Food Service
12.1. Menu Review. There shall be documentation that the menu is reviewed by a registered dietician on at least a quarterly basis to insure that the food allowances required for basic nutrition are met. Menu evaluations shall be conducted at least monthly by correctional facility food service supervisory staff to verify adherence to the established basic daily servings.
12.2. Menu Planning. Food service staff shall develop planned menus in advance, and substantially follow the schedule. In the planning and preparation of all meals, food flavor, texture, temperature, appearance and palatability shall be taken into consideration.
12.3. Therapeutic Diets. Therapeutic diets shall be available upon medical authorization. Specific diets shall be prepared and served to inmates according to the orders of the treating physician or dentist, or as directed by the responsible health authority. Medical diet prescription shall be specific and complete, furnished in writing to the food service manager, and rewritten monthly. Special diets shall be kept as simple as possible and should conform as closely as possible to the foods served other inmates.
12.4. Religious Diets. Religious diets shall be approved by the chaplain and warden. Religious diet prescriptions shall be specific and complete, furnished in writing to the food service manager, and rewritten monthly. Special diets shall be kept as simple as possible and shall conform as closely as possible to the foods served other inmates.
12.5. Management. A full-time staff member, experienced in food management, shall supervise food service operations. This staff member shall have the resources, authority and responsibility to provide for the correctional facility's complete food service, including three meals a day that are nutritionally adequate, palatable and attractive, and which are produced under sanitary conditions, at reasonable costs. The food service manager shall have a minimum of three years experience in food management.
12.6. Health Protection. Procedures shall provide for adequate health protection for all inmates and staff in the correctional facility, and inmates and other persons working in food service with the following requirements:
12.6.a. A preassignment medical examination of all persons involved in the preparation of food, and periodic examinations thereafter, shall be conducted to insure freedom from diarrhea, skin infections, and other illnesses transmissible by food or utensils; all examinations shall be conducted in accordance with local requirements regarding restaurant service employees in the community.
12.6.b. When the correctional facility's food services are provided by an outside agency or individual, the correctional facility must have written verification that the outside provider complies with the state and local regulations regarding food service; and,
12.6.c. All food handlers shall be instructed to wash their hands upon reporting to duty and after using toilet facilities.
12.7. Code Compliance. There shall be documentation by an independent, outside source that food service facilities and equipment meet established governmental health and safety codes.
12.8. Inspections. Procedures shall require weekly inspections of all food service areas, including dining and food preparation areas and equipment. Refrigerator and water temperatures shall be checked on a daily basis by administrative, medical or dietary personnel.
12.9. Group Dining. Space shall be provided for group dining except when security or safety consideration justify otherwise.
12.10. Meal Schedule. At least three meals, of which two are hot meals, shall be provided at regular meal times during each 24-hour period, with no more than 13 hours between the evening meal and breakfast.
12.11. Meal Service. All inmates and staff, except those on special medical or religious diets, shall eat the same meals. Food shall not be withheld, nor the standard menu varied, as a disciplinary sanction for an individual inmate. This standard does not preclude rewarding groups of inmates with special foods in return for special services or under special circumstances. Food not prepared on a regular basis may also be used on seasonal food patterns.
12.12. Meal Records. A uniform system shall be established to record the number, cost, and type of meals served inmates, employees, guests, and visitors. These records shall be required for fiscal accounting, dietary purposes, and budget planning. Employees, guests, and visitors shall be served the same food inmates are served. Food service records shall include the published menus, information on waste, food costs and nutritional accounting, and notation of food products raised or produced in the system.
12.13. Budget. The food service operations shall use budgeting, purchasing and accounting practices that include, but are not limited to, the following systems:
12.13.a. Food expenditure cost accounting designed to determine cost per meal;
12.13.b. Estimation of food service requirements;
12.13.c. Purchases of supplies at wholesale prices and under other favorable conditions, when possible;
12.13.d. Determination of and responsiveness to inmate eating preference; and,
12.13.e. Refrigeration and storage of food, with specific storage periods.
W. Va. Code R. § 95-2-13 Sanitation and Hygiene
13.1. Responsibility. Correctional facility authorities shall maintain the facility in a condition that is clean, healthful and sanitary, and which conforms to all applicable health laws and rules. The use and possession of tobacco, tobacco products and tobacco-like products is prohibited in all facilities jointly operated by the Regional Jail and Correctional Facility Authority and the Division of Corrections, and may be permitted in designated areas of correctional facilities operated exclusively by the Division of Corrections at the discretion of the correctional facility's Chief Executive Officer.
13.2. Maintenance. Correctional facility authorities shall develop and implement a plan for the maintenance of an acceptable level of cleanliness and sanitation throughout the correctional facility. The plan shall provide for a regular schedule of housekeeping tasks and inspections which shall include, but not limited to, the following:
13.2.a. The daily cleaning of toilets, showers and sinks;
13.2.b. The daily cleaning of floors;
13.2.c. The emptying and cleaning of receptacles provided for cigarettes, if permitted, and other refuse each day and provision for adequate trash removal;
13.2.d. The scrubbing and rinsing of living units, washing of windows, cleaning of janitor's closets, and dusting of bars, screens and ledges on a regular basis;
13.2.e. The contracting of extermination services to be performed with sufficient frequency and thoroughness to keep the facility free of insects and vermin. Services shall include, at a minimum, monthly inspections by qualified persons; and,
13.2.f. The cleaning and sanitary maintenance of all kitchen areas and all equipment.
13.3. Facility Inspection. The correctional facility shall be inspected at least annually by appropriate government officials to ensure the health of personnel and inmates. In addition to the regular inspections by governmental officials, all correctional facility areas shall be inspected at least weekly by a designated staff member, who shall submit a written report to the Chief Executive Officer, documenting deficiencies whenever they occur.
13.4. Potable Water. The correctional facility's potable water source and supply, whether owned and operated by the public water department or the correctional facility, shall be certified by an independent, outside source to be in compliance with state laws and rules.
13.5. Housekeeping Plan. A written housekeeping plan for all areas of the facility's physical plant shall provide for daily housekeeping and regular maintenance by assigning specific duties and responsibilities to staff and inmates. Sufficient cleaning equipment and supplies shall be provided to maintain the facility in a clean condition.
13.6. Vermin and Pest Control. Licensed pest control professionals shall be readily available to the correctional facility to conduct regular monthly inspections to identify pest problems and eradicate by whatever means is effective any insects, rodent or vermin which are found.
13.7. Waste Disposal. Liquid and solid wastes shall be collected, stored and disposed of in a manner that will avoid nuisance and hazards, and that will protect the health and safety of inmates and staff.
13.8. Clothing Issue. A standard wardrobe shall be provided to all inmates at the time of admission and shall include, as appropriate, shirts, blouses, dresses, trousers, skirts, belts, undergarments, slips, socks, shoes, coats, jackets, and headgear, etc.
13.9. Personal Hygiene Articles. Procedures shall require that articles necessary for maintaining proper personal hygiene are provided to all inmates including, but not limited to, toothpaste, a toothbrush, soap, towels, three razors per month, shaving cream, a comb and when applicable, feminine hygiene articles. Other personal hygiene materials shall be offered for sale in the commissary at wholesale cost, including products requested and used by black inmates.
13.10. Special Clothing. Procedures shall provide for the issuance of special and, when appropriate, protective clothing and equipment to inmates assigned to food service, the hospital, the farm, the garage, the correctional facility's physical plan maintenance shops, and other special work.
13.11. Bedding and Linen. Procedures shall provide for the issuance of suitable, clean bedding, towels and linen, to include two sheets, a pillow and pillowcase, one mattress and sufficient blankets to provide comfort under existing temperature controls. There shall be provision for linen exchange on at least a weekly basis.
13.12. Records. The issuance of all clothing and bedding shall be recorded, and inmates shall be held accountable for its use.
13.13. Bathing Facilities. There shall be sufficient bathing facilities in the housing areas to permit inmates in the general population to shower at least three times per week. Ideally, each inmate shall be permitted to shower daily; however, no inmate shall be permitted to shower less than three time per week. Inmates in special jobs, such as food service, medical, sanitation or mechanical service, shall be encouraged to bathe daily. Hot and cold water shower facilities shall be available in the proportion of at least one shower unit to 15 inmates.
13.14. Thermostatically Controlled Water. Water for showers shall be thermostatically controlled to ensure the safety of the inmates.
13.15. Hair Care. There shall be hair care services available to inmates which comply with applicable health requirements. Hair shall be cut under sanitary conditions and in an area located to permit observation by staff. Equipment shall be stored securely when not in use.
W. Va. Code R. § 95-2-14 Medical and Health Care Services
14.1. Right to Medical Care. All inmates shall have prompt access to necessary medical, dental, and psychiatric care provided in a reasonable manner by licensed personnel. Correctional Facility policies and procedures shall provide for unimpeded access to health care and for a system for processing complaints regarding health care. These policies and procedures which assure access to health care shall be communicated orally and in writing to each inmate upon arrival in the facility.
14.2. Responsibility. Medical, dental, and mental health matters involving clinical judgments are the sole province of the responsible physician, dentist, and psychiatrist or qualified psychologist respectively; however, security regulations applicable to facility personnel also apply to health personnel. The Chief Executive Officer responsible for the facility shall provide the administrative support for the accessibility of health services to inmates.
14.3. Responsible Physician. A responsible physician shall be designated to approve health care policies, procedures and agreements which can include use of hospital emergency rooms. Each correctional facility shall have agreements for 24 hours on-call physician coverage. All physicians and dentists examining or treating inmates shall be licensed to practice in the State of West Virginia.
14.4. On-Site Health Authority. There shall be designated on-site health authorities who are responsible for arranging and making available all health care services. There shall be a health authority on site 24 hours per day. The health authority may be a physician, physician's assistant, registered or licensed practical nurse, nurse practitioner, paramedic, emergency medical technician, or a health-trained staff member. In correctional facilities with an inmate population of 600 or more inmates, a physician must be available on-site for primary care for a minimum of forty hours per week, and proportionately in terms of hours for inmate levels above and below this number.
14.5. Medical Autonomy and Correctional Facility Administration. Medical decisions shall be made only by the responsible physician or his or her designee(s). It shall be made clear to the health authorities and physicians that security regulations which apply to the nonmedical facility staff also apply to them. They shall be provided with a list of these regulations and an orientation to the correctional facility system. The nonmedical staff shall have no role in authorization of medical care.
14.6. Duties and Responsibilities. Appropriate state and federal licensure, certification or registration requirements and restrictions apply to personnel who provide health care services to inmates. The duties and responsibilities of these personnel shall be governed by written job descriptions approved by the responsible physician and the Chief Executive Officer. Verification of current credentials and job descriptions shall be on file in the facility. The provision of quality health care shall be insured by using only qualified health care personnel to determine and supervise health care procedures. Written job descriptions shall include qualifications required and the specific role in the health care delivery system in keeping with the individual's professional training. Verification of qualifications may consist of copies of current credentials.
14.7. Administrative Meetings and Reports. There shall be meetings between the responsible physician and the facility administrator to discuss correctional facility health care at least quarterly. Notes of these meetings shall be kept by the administrator. The responsible physician shall submit quarterly reports on the health care delivery system and annual statistical reports. The quarterly report shall include topics such as the effectiveness of the health care delivery system, a description of any health environment factors which need improvement, any changes effected since the last reporting period and, if needed, recommended corrective action. There shall also be an annual statistical report which shall include the number and nature of sick call visits, diagnostic studies performed, emergency services rendered, specialty referral visits, hospitalizations, special procedures performed, ambulance transfers, communicable diseases reported, and deaths. The annual statistical report shall be submitted to the administrator and Commissioner of Corrections. The responsible physician shall submit an annual appraisal of the correctional facility's health care deliver to the administrator and Commissioner of Corrections.
14.8. Review. Each policy, procedure, and program in the health care delivery program shall be reviewed at least annually by the responsible physician and revised if necessary. Each document shall bear the date of the most recent review or revision and the signature of the reviewer.
14.9. Policies and Procedures. The responsible physician shall write or approve pre-written health policies and procedures at a minimum for the following aspects of correctional facility health care:
14.9.1. Decision-making: special problem patients;
14.9.2. Notification of next of kin;
14.9.3. Postmortem examination;
14.9.4. Minimal staff training requirements;
14.9.5. Emergency services;
14.9.6. Suicide prevention;
14.9.7. Prohibitions;
14.9.8. Receiving screening;
14.9.9. Health appraisal;
14.9.10. Care for persons under the influence of drugs;
14.9.11. Mentally ill;
14.9.12. Psychiatric illness;
14.9.13. Access to treatment, daily health complaints;
14.9.14. Sick call;
14.9.15. Health promotion;
14.9.16. Disease prevention;
14.9.17. Dental Care;
14.9.18. Special medical programs;
14.9.19. Prostheses;
14.9.20. Management of pharmaceutical;
14.9.21. Administration of medications;
14.9.22. Health records;
14.9.23. Transfer of records;
14.9.24. Confidentiality;
14.9.25. Facilities and equipment;
14.9.26. First aid kits;
14.9.27. Informed consent;
14.9.28. Medical research; and,
14.9.29. Serious illness.
14.10. Decision-Making: Special Problem Patients. Before inmates with diagnosed psychiatric or significant medical illness are given housing assignments, work assignments, disciplinary measures, or transfers, consultation between the facility administrator and responsible physician or their designees shall take place to decide on any special precautions or preparations. A list of frequent illnesses which require special arrangements shall be developed. Special diets must be provided when ordered by health personnel and approved by the responsible physician.
14.11. Notification of Next of Kin. Any inmate having any serious illness or injury, or who dies while incarcerated shall, with the explicit consent of the inmate, if possible, have his or her next of kin or legal guardian notified by the facility administrator, the responsible physician, or their designee.
14.12. Postmortem Examination. In the event of an inmate death, the state medical examiner shall be notified immediately. If the cause of death is unknown, or the death occurred under suspicious circumstances, or the inmate was unattended from the standpoint of not being under current medical care, a postmortem examination shall be performed.
14.13. Minimum Staff Training Requirements. Health trained staff is defined as correctional facility personnel who have the equivalent of EMT training and also have received information regarding the symptoms of physical and mental illnesses common to the inmate population (including depression and chemical dependence), basic management of seizures, medication administration, health record maintenance, recognition of potential suicides, ability to respond to health-related situations within four minutes, first aid training and procedures for patient transfers to appropriate medical facilities or health care providers. Training may be effected and approved through the responsible physician. An appropriate training course may be completed in approximately 60-80 hours. Each shift shall include at least one member who has become health-trained as described in this subsection.
14.14. Emergency Services. There shall be twenty-four hour emergency medical care available. By definition, a medical emergency is an acute illness or unexpected health need that must be attended to immediately and cannot be delayed until the next scheduled sick call. The responsible physician shall approve a plan providing for the use of emergency transportation, use of a local hospital emergency department or appropriate health facility with emergency on-call physician services, procedures for the transfer of inmates to other medical facilities and security procedures.
14.15. Suicide Prevention. There shall be a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional. All staff with responsibility for inmate supervision shall be trained in the implementation of the program. Staff are responsible for preventing suicides through intake screening, identification, and supervision of suicide-prone inmates. The staff shall receive special training in the implementation of the suicide prevention program.
14.16. Prohibitions. Inmates shall not be used for the following duties:
14.16.a. Performing direct patient care services;
14.16.b. Scheduling health care appointments;
14.16.c. Determining access of other inmates to health care services;
14.16.d. Handling or having access to surgical instruments, syringes, needles, medications, health records; and,
14.16.e. Operating equipment for which they are not trained.
The prohibitions contained in this subsection, however, shall not preclude inmates from participating in a certified vocational training program. They may perform maintenance and janitorial services under supervision of qualified staff. They shall not operate medical equipment unless appropriately credentialed and licensed, and directly supervised by the responsible physician. Inmates shall not perform direct services such as dental chair-side assistant, unless they are part of a certified vocational training program.
14.17. Receiving Medical Screening. A receiving medical screening appraisal to elicit information pertinent to the inmate's health shall be performed on every inmate at the time of admission. The screening shall be recorded on a form which has been approved by the responsible physician. Screening is a means to discover and prevent health and safety threats to inmates and staff. The goal of receiving screening is to detect any communicable diseases, chemical dependence, suicide potential, or other medical or psychiatric problems before the inmate is placed within the correctional facility population. When the inmate has been transferred from another facility and is accompanied by a previously completed screening form, the form shall be reviewed and verified. Receiving screening shall be conducted by a health-trained staff member. Inmates who are in need of immediate medical attention at the time of admission shall be referred immediately for emergency care after the physician on call has been notified. The screening process shall include at least an inquiry, observations and disposition.
14.17.1. Inquiry. The screening process shall include, but not be limited to, an inquiry into:
14.17.1.a. Current illness and health problems, including dental problems;
14.17.1.b. Venereal diseases and other infectious diseases;
14.17.1.c. Medication taken and special health requirement;
14.17.1.d. Use of alcohol and other drugs which includes types of drugs used, mode of use, amounts used, frequency used, date or time of last use and history of problems which may have occurred after ceasing use (e.g. convulsions);
14.17.1.e. Past and present treatment or hospitalization for mental disturbance or suicide attempts; and,
14.17.1.f. Other health problems designated by the responsible physician.
14.17.2. Observations. The screening process shall include, but not be limited to, observations including:
14.17.2.a. Behavior, which includes state of consciousness, mental status, appearance, conduct, tremor and sweating;
14.17.2.b. Body deformities, trauma markings, bruises, lesions, jaundice, ease of movement, etc.; and,
14.17.2.c. Indications of recent or chronic substance abuse, i.e., needle marks.
14.17.3. Disposition. The screening process shall include disposition to the following:
14.17.3.a. The general population;
14.17.3.b. The general population and referral to appropriate health care services;
14.17.3.c. Referral to appropriate health care services on an emergency basis; and,
14.17.3.d. Medical isolation or special observation.
14.18. Health Appraisal. Within seven days of admission a health appraisal shall be completed for each inmate which shall include a history and examination, recorded on a form approved by the responsible physician. Although a physician, physician's assistant, or nurse practitioner must perform the physical examination, the health history may be collected by a health-trained staff member. The health appraisal shall include:
14.18.1. Review of the earlier receiving screening by the examining clinician;
14.18.2. Collection of additional data to complete the medical, dental, psychiatric and immunization histories;
14.18.3. Administration of laboratory and/or diagnostic tests to detect communicable disease and tuberculosis;
14.18.4. Recording of height, weight, pulse, blood pressure, temperature, and administration of other tests, and examinations; the record shall include comments about mental and dental status;
14.18.5. Review of the results of the medical examination, tests, and identification of problems by a physician; and,
14.18.6. Initiation of therapy when appropriate.
14.19. Care for Persons Under the Influence of Drugs. The responsible physician shall approve policies and procedures for the identification of alcohol and drug dependence as well as subsequent management and/or transfer for the care of persons under a drug influence. Unless the correctional facility has special facilities and constant medical supervision to perform detoxification, the process shall not be performed on site; the inmate shall be transferred to a hospital or community detoxification center designated by the responsible physician. Procedures for adequate care of persons under the influence of drugs include policies and training governing medical screening, observation, referral evaluation, and safety protection.
14.20. Mentally Ill Inmates. Post admission screening and referral for care of mentally ill or retarded inmates whose adaptation to the correctional environment is significantly impaired shall be provided. Psychiatric problems identified, either during receiving screening or after admission, shall be followed up by medical staff. The urgency of the problems determines the responses. Suicidal and psychotic patients are emergencies and require prompt attention. Inmates awaiting emergency evaluation shall be housed in a specially designated area with constant supervision by trained staff. Inmates shall be held for only the minimum time necessary before emergency care is rendered. All sources of assistance for mentally ill and retarded inmates shall be identified in advance of need, and referrals shall be made on all cases. No person shall be housed solely on account of involuntary commitment proceedings instituted pursuant to W. Va. Code '27-5-1 et seq.
14.21. Mental Health Evaluation. A comprehensive individual mental health evaluation shall be performed on specially referred inmates by a multi-disciplinary mental health team. The evaluation shall be completed within fourteen days after the date of referral, and shall include at least the following elements:
14.21.1. A review of mental health screening and appraisal data;
14.21.2. The collection and review of additional data from staff observation, individual diagnostic interviews and tests assessing intellect and coping abilities;
14.21.3. The compilation of the individual's mental health history; and,
14.21.4. The development of an overall treatment and/or management plan with appropriate referral.
14.22. Psychiatric Illness. There shall be consultation between the facility administrator and the responsible physician or their designees prior to the following actions being taken regarding patients who are diagnosed as having a psychiatric illness:
14.22.1. Housing assignments;
14.22.2. Program assignments;
14.22.3. Disciplinary measures; and,
14.22.4. Transfers in and out of the correctional facility.
14.23. Detoxification. Procedures shall require that gradual detoxification from alcohol, opiates, hypnotics, and other stimulants, and sedative hypnotic drugs be effected as follows:
14.23.1. When performed at the facility, detoxification shall be performed under medical supervision; and,
14.23.2. When not performed in the facility, arrangements shall be made for detoxification to be conducted in a hospital or community detoxification center.
14.24. Chemical Dependency. Procedures shall guide the clinical management of chemically dependent inmates with the following requirements:
14.24.1. Diagnosis of chemical dependency by a physician;
14.24.2. Determination by a physician as to whether an individual requires non-pharmacologically or pharmacologically supported care;
14.24.3. Individualized treatment plans which are developed and implemented by a multi-disciplinary team;
14.24.4. Referrals to specified community resources upon release when appropriate; and,
14.24.5. For purposes of this rule only, the use of or the withdrawal from the use of nicotine shall not be considered to be a chemical dependency or otherwise qualify the inmate for medical or psychological treatment or counseling.
14.25. Access to Treatment. Each inmate, at the time of admission, shall be given orally and in writing, information concerning the right to medical treatment. The information sheet shall be approved by the responsible physician and shall include procedures for registering complaints and the correctional facility's sick call schedule.
14.26. Daily Health Complaints. Inmate's health complaints shall be solicited daily and acted upon without delay by trained personnel such as a licensed nurse or registered nurse and followed by appropriate triage and treatment by qualified personnel. Triage is the sorting and allocation of treatment of patients according to priorities of need.
14.27. Sick Call. Sick call is the system through which each inmate reports for and receives appropriate medical services for non-emergency illness or injury. Inmates shall have daily access to sick call forms which will be reviewed that day by the health authority or other person designated by the responsible physician. All complaint forms will become part of the inmate's health record. Sick call shall be performed by a licensed physician, physician's assistant, registered nurse or other person designated by the responsible physician. Sick call is a designated time to see non-emergency problems. Minimum frequency of sick call should be as follows:
14.27.1. In facilities with fewer than fifty inmates, one day per week;
14.27.2. In facilities with fifty to one hundred inmates, two days per week;
14.27.3. In facilities with one hundred to two hundred inmates, three days per week; and,
14.27.4. In facilities with more than two hundred inmates, five days per week.
If an inmate's custody status precludes attendance at sick call, arrangements shall be made to provide sick call services in the place of the inmate's detention.
14.28. Continuity of Care; Surgery. Inmates shall be provided all needed follow-up care, laboratory services, physical therapy, physical aids and surgery, other than cosmetic surgery, as needed including referral to community care.
14.29. Use of Restraints or Isolation for Out of Control Residents. The responsible physician shall approve a plan guiding the use of restraints or isolation and providing for mental health personnel to evaluate inmates who are repeatedly out of control or remain out of control for more than a short amount of time. Physical restraints for the control of inmates inside the facility may be used only for the protection of the individual or others. The use of restraints shall be recorded in the inmate's file. Any time an inmate remains out of control for more than a short amount of time, mental health personnel should be consulted.
14.30. Health Promotion. The responsible physician shall consider a plan providing inmates with health education and preventive medical services, and shall review the inmates' opportunities to engage in exercise.
14.30.1. Disease Prevention. Correctional facilities shall establish a holding bed area for use by inmates having medical problems requiring separation or close observation. Inmates shall be allowed to participate in some form of exercise involving the large muscles for a minimum of one hour daily. Structured programs should be offered.
14.30.2. Health Education. Procedures shall provide that a program of health education is provided to the inmates of the facility. Health education shall provide information on medical services such as immunizations, hypertension detection and instruction in self-care for chronic conditions. Subjects for health education may include the following: personal hygiene and nutrition; venereal disease, AIDS, tuberculosis and other communicable disease; effects of smoking; self-examination for breast cancer; dental hygiene; drug abuse and dangers of self-medication; family planning, including as appropriate, both services and referrals; physical fitness; and chronic diseases and/or disabilities.
14.31. Physical Examinations. Procedures shall specify the conditions for periodic health examinations for inmates. Persons fifty years of age or older shall be given annual physical examinations. All other inmates shall receive thorough physical examinations at least biannually. All inmates shall be examined prior to release for the detection of diseases which may require reports to the Department of Health and Human Resources and/or the Center for Disease Control.
14.32. Individual Treatment Plan. Procedures shall provide for a special health plan for inmates requiring close medical supervision. A written individual treatment plan, which shall include directions to health care and other personnel regarding their roles in the care and supervision of these patients, shall be developed for each inmate by the appropriate physician, dentist, or qualified mental health practitioner.
14.33. Dental Care. Dental care shall be provided to each inmate under the direction and supervision of a dentist, licensed in the state, in the following circumstances:
14.33.1. Dental screening within fourteen days of admission as part of the health appraisal; and,
14.33.2. Appropriate check-ups, examinations, extractions, emergency corrective, preventive and other dental services.
14.34. Special Medical Programs. Arrangements shall be made for the provision of special medical programs, including chronic care, convalescent care and medical preventive maintenance for the inmates. The special medical program shall serve a broad range of health problems, such as, seizure disorders, hypertension, ischemic heart disease, diabetes, AIDS, potential suicide, chemical dependency and psychosis. These special medical conditions require close medical supervision. Chronic care is medical service rendered to a patient over a long period of time; treatment of diabetes, asthma and epilepsy are examples. Convalescent care is medical services rendered to a patient to assist in the recovery from illness or injury. Medical preventive maintenance includes health education and medical services, such as inoculation and immunization, provided to take preventative measures against disease, and, instruction in self-care for chronic conditions.
14.35. Medical and Dental Prosthesis. As determined by the responsible physician or dentist, medical and dental prostheses shall be provided when the health of the inmate would be otherwise adversely affected. Prostheses are artificial devices to replace missing body parts or to compensate for defective bodily functions.
14.36. Management of Pharmaceutical. Procedures for prescribing, dispensing and administering drugs shall be in compliance with applicable state and federal laws and rules and regulations. The responsible physician shall approve written procedures for the distribution, administration, accounting and disposal of the medical log and maintain one for each inmate receiving medication; the log shall include the date, time, name of drug and dosage administered. Any inmate refusing medication must sign a statement to that effect, which shall also be signed by a staff member, and filed in the health record. Medication shall be administered only by a physician or nurse, or, after written approval by the responsible physician, by the health authority or health trained staff members; an exception to this requirement may be made in that insulin injections may be self-administered by the inmate with the supervision of the health authority or health trained staff member. The physician shall inform correctional facility personnel of possible side effects of medication on inmates. When medications are taken by mouth, the person administering the drug will observe the inmate swallow the drug and have him or her speak after swallowing to insure ingestion of the medication. The facility shall provide a locked storage area for medications and maintain a list of medications stocked by the facility. Medications shall be refrigerated, if necessary.
14.37. Administration of Medications. Persons administering medications shall do so under the supervision of the responsible physician and shall have received training appropriate to their assignment. They are accountable for administration of medications according to orders and the recording of the administration of medications in a manner and in form approved by the responsible physician. Training from the responsible physician encompasses the medical aspects of the administration or distribution of medications; training from the facility administrator encompasses security matters inherent in the administration or distribution of medications in a correctional facility. The concept of administration or distribution of medications according to orders includes performance in a timely manner. Medications will be administered on a schedule which is consistent with the individual's needs rather than the correctional facility's needs.
14.38. Health Records. A separate health file shall be established on each inmate at the time he or she is screened. The health record shall be sufficiently detailed to enable any practitioner to give continuing care and enable him or her to determine what the inmate's condition is at a specific time and what procedures were effected, and to enable consultants to give an opinion after examination of the inmate. Entries must be legibly written in ink, signed and dated. The record shall be maintained for a minimum of seven years after the inmate's release from incarceration. The file shall contain the following information:
14.38.1. The completed receiving screening form;
14.38.2. Health appraisal data (if the inmate has been incarcerated for at least thirty days);
14.38.3. All findings, diagnoses, orders and treatments;
14.38.4. Medication log sheets;
14.38.5. Results of any laboratory, x-ray or diagnostic studies;
14.38.6. Completed medical complaint forms;
14.38.7. The place, date and time of health encounters;
14.38.8. Dental, psychiatric or other consultation reports;
14.38.9. Consent and refusal forms; and,
14.38.10. Release of information forms.
14.39. Transfer of Records. When off-site examination, treatment, transfer to another facility, or hospital admission occurs, the copy of the inmate's health record or a summary of the record shall accompany the inmate. Documentation of any off-site examination or treatment shall be made in the health record by the physician or other health professional involved. Health records shall be returned to the correctional facility with the inmate, or, in the event of transfer or hospital admission, as soon as possible thereafter. Written authorization by the inmate is required for transfer of health record information, except in an emergency situation where the inmate is unable to authorize the transfer.
14.40. Confidentiality. The inmate's medical information, records, and confidences entrusted to a physician or other medical care professional in the course of screening, examination or treatment are confidential and shall not be disclosed to anyone except:
14.40.1. With the inmate's informed consent;
14.40.2. Where the law requires disclosure, e.g., reporting of communicable diseases;
14.40.3. When the security of the correctional facility or the safety of the individual requires disclosure and then only to the extent necessary for the protection of the inmate and the security of the facility;
14.40.4. To the chief administrative officer can review medical records but must maintain confidentiality except as provided in subsection 14.40 of this rule; and,
14.40.5. The inmates shall have access to their own medical records.
14.41. Facilities and Equipment. If health services are delivered on-site, the correctional facility shall have a private examination/treatment area. Basic items provided shall include: a stethoscope, a blood pressure cuff, a thermometer, tongue depressors, a flashlight, an ophthalmoscope, otoscope and ear specula, a percussion hammer, weight scales, examination gloves, a vaginal specula, and first aid kits as well other equipment designated as necessary by the responsible physician.
14.42. Outside Resources. Procedures shall require that patients who need health care beyond the resources available in the facility, as determined by the responsible physician, shall be transferred under appropriate security provisions to a facility where such care is available.
14.43. First Aid Kits. Each correctional facility shall have one or more first-aid kits containing, but not limited to, bandages, gauze, a sling, adhesive tape, and band-aids. The responsible physician shall designate the number, location and content of first aid kits. The health authority must periodically inspect all equipment and first-aid kits.
14.44. Informed Consent. The informed consent of an inmate is necessary for all medical examinations, treatments and procedures except those which are required by law, e.g., treatment of infectious diseases where public health law requires such treatment. Informed consent is the voluntary consent to a treatment, examination, or procedure by the patient after the patient has received all the material facts regarding the nature, consequences, risks and alternatives concerning the proposed treatment, examination or procedure. When the inmate is a minor, the informed consent of a parent, guardian or legal custodian applies when required by law. Exceptions to obtaining informed consent are allowable if they are in accordance with state law (such as an emergency situation or public health matters).
14.45. Medical Research. The use of inmates for medical, pharmaceutical or cosmetic experiments is prohibited. A person confined in a facility is incapable of volunteering as a human subject without hope of reward and cannot do so on the basis of fully informed consent. Therefore, inmates shall not participate in experimental projects involving medical, pharmaceutical or cosmetic research, including aversive conditioning, psychosurgery, electrical stimulation of the brain, or the application of cosmetic substance to the body that are being tested for possible ill effects prior to use in the general public. This does not preclude the use of a new medical procedure for the individual treatment of an inmate by his or her physician, subsequent to a full explanation of the positive and negative features of the treatment. This agreement is between the physician and the inmate and may not be part of a general program of medical experimentation.
14.46. Trainees/Students. When the correctional facility uses students or interns in health care delivery, written policies and procedures shall provide for work experience under direct staff supervision, commensurate with their level of training.
14.47. Serious Illness or Injury. A process shall be developed whereby those individuals, designated by the inmate, are notified in case of serious illness or injury. Permission for notification shall be obtained from the inmate prior to need, if possible. There may be situations in which the inmate does not want the next of kin notified of an illness or injury; therefore, the inmate's consent should be obtained whenever possible. The next of kin or other individuals designated by the inmate to receive notification shall be included on the facility admission form.
14.48. Personnel. The following health care practitioners shall be provided for a facility with five hundred inmates. The staff must be adjusted proportionately for facilities with fewer than or more than five hundred inmates:
14.48.1. Medical Director: One full-time equivalent; responsible for health care and providing general physician services;
14.48.2. Program Director: One full-time equivalent; responsible for program administration;
14.48.3. Registered Nurse: Three full-time equivalents; responsible for primary care and infirmary care;
14.48.4. Licensed Practical Nurse: Three full-time equivalents; responsible for primary care and infirmary care;
14.48.5. X-ray Technician: Ten hours per week; responsible for general x-ray procedure;
14.48.6. Pharmacist: Five hours per week; responsible for supervision of pharmacy operations;
14.48.7. Dentist: One full-time equivalent; responsible for dental screening and primary dental care;
14.48.8. Dental Hygienist: One full-time equivalent; responsible for preventive dentistry and assistance to dentist;
14.48.9. Medical Records Clerk: One full-time equivalent; responsible for maintenance of medical records, administrative and clerical support; and,
14.48.10. Optometrist: Eight hours per week; responsible for optometric services.
W. Va. Code R. § 95-2-15 Inmates Rights
15.1. Access to Courts. Inmates have the right to have access to courts to present any issue, including challenging the legality of their conviction of confinement; seeking redress for illegal conditions or treatment while under correctional control; pursuing remedies in connection with civil legal problems; and asserting against correctional or other government authority any other rights protected by constitutional or statutory provision or common law. Inmates seeking judicial relief shall not be subjected to reprisals or penalties as a consequence of their action.
15.2. Access to Attorneys. Procedures shall ensure and facilitate the right of inmates to have access to attorneys or their authorized representatives.
15.3. Access to Law Library. Procedures shall provide for the right of inmates to have access to an appropriate law library and to supplies and services related to legal matters. The law library shall include, at a minimum, relevant and up-to-date constitutional, statutory and case law materials, applicable court rules, and practice treatises.
15.4. Access to Supplies. The correctional facility shall make reasonable efforts to assist inmates with the preparation and processing of their legal documents. Items such as paper, typewriters, and carbon paper shall be provided all inmates upon request and be available free of charge to indigent inmates.
15.5. Equal Access. When male and female inmates are housed in the same correctional facility, there shall be separate sleeping quarters, but equal access to all available services and programs. Neither sex shall be denied opportunities solely on the basis of their smaller number in the population.
15.6. Refusal to Participate. Procedures shall provide inmates with the option to refuse to participate in secondary or post-secondary education, vocational training, religious services, social services and counseling, psychological and psychiatric treatment, library services, athletic, recreational and leisure time activities, involvement with community groups, mail and visiting, contact by media, contact by attorneys or legal representatives, volunteer programs and pre-release programs. Inmates must accept work assignments, enrollment in basic education programs, medical and dental care mandated by statute, and participation in other programs ordered by the sentencing court or required by statute. Inmates shall not be penalized for refusing to participate in the correctional facility's total rehabilitation program.
15.7. Personal Grooming. Inmates shall be permitted freedom in personal grooming as long as their appearance does not conflict with the correctional facility's requirements for safety, security, identification and hygiene.
15.8. Grievance Procedure. There shall be a written inmate grievance procedure which is made available to all inmates and which includes at least one level of appeal. The correctional facility's grievance mechanism shall include the following: provision for written responses to all grievances, including the reasons for the decision; provision for response within a prescribed, reasonable time limit, with special provisions for responding to emergencies; provision for supervisory review of grievances; provision for participation by staff and inmates in the design and operation of the grievance procedures; provision for access by all inmates, with guarantees against reprisals; applicability over a broad range of issues; and means for resolving questions of jurisdiction.
W. Va. Code R. § 95-2-16 Inmate Rules and Discipline
16.1. Rules of Conduct. There shall be written rules of inmate conduct which specify acts prohibited within the correctional facility and penalties that may be imposed for various degrees of violation; the written rules shall be reviewed annually and updated if necessary. The sanctions shall be proportionate to the importance of the rule and the severity of the violation.
16.2. Rule Book. There shall be a rule book that contains all chargeable offenses, ranges of penalties and disciplinary procedures posted in a conspicuous and accessible area; a copy shall be given to each inmate and staff member. When a literacy or language problem prevents an inmate from understanding the rule book, a staff member or translator shall assist the inmate in understanding the rules.
16.3. Informal Discipline. Written guidelines shall specify misbehavior that may be handled informally.
16.4. Disciplinary Reports.
16.4.1. Written Reports. Written procedures shall provide that when rule violations require formal resolution, staff members shall prepare a disciplinary report and forward it to a designated supervisor.
16.4.2. Disciplinary Report Information. Disciplinary reports prepared by staff members shall include, but are not limited to, the following information:
16.4.2.a. Specific rules violated;
16.4.2.b. A formal statement of the charge;
16.4.2.c. Any unusual inmate behavior;
16.4.2.d. Any staff witnesses;
16.4.2.e. Disposition of any physical evidence;
16.4.2.f. Any immediate action taken, including the use of force; and,
16.4.2.g. The reporting staff member's signature and the date and time report is made.
16.5. Pre-hearing Detention. Pre-hearing detention shall take place only under the circumstances set forth in Section 11.2 of this rule, and only for so long as set forth in that section. The approval of the warden or his or her designee must be obtained and include an explanation of the reason why inmate segregation is necessary and the date for a hearing, both of which shall be provided to the inmate immediately upon its preparation.
16.6. Investigation. When an alleged rule violation is reported, an appropriate investigation shall begin within 24 hours of the time the violation is reported and shall be completed without unreasonable delay, unless there are exceptional circumstances for delaying the investigation.
16.7. Commitment of Crime. In instances when an inmate is alleged to have committed a crime covered by criminal law, the correctional facility shall refer the case to the appropriate officials for possible prosecution.
16.8. Waiver of Hearing. Procedures shall provide that an inmate may waive the right to a hearing, provided that the waiver is documented and reviewed by the Chief Executive Officer or his or her designee.
16.9. Statement of Changes. Procedures shall provide that the inmate be given a written statement of the change(s), including a description of the incident and the specific rule violated, at the same time that the disciplinary report is filed with the disciplinary authority, but no less than 24 hours prior to the disciplinary hearing. The hearing may be held within 24 hours with the inmate's written consent.
16.10. Postponement of Hearing. A disciplinary hearing postponement or continuance may be granted for a reasonable period of time for good cause, such as preparation of a defense, illness or unavailability of the inmate, further investigation of factual matters to the hearing, or pending criminal court prosecution. Delaying a disciplinary hearing is justifiable on the basis of a factual recording of the inmate's unacceptable behavior during the hearings process or his or her refusal to participate in a reasonable manner.
16.11. Speedy Hearing. Procedures shall provide that inmates charged with rule violations be scheduled for a hearing as soon as practicable, but no later than five days, excluding weekends and holidays, after reporting of the alleged violation. Inmates shall be notified of the time and place of the hearing at least 24 hours in advance of the hearing except as provided in Section 16.5 of this rule, and cases where the inmate is not available, or a need exists to await a laboratory analysis. The reasons for all delays shall be documented.
16.12. Presence at Hearing. Procedures shall provide that inmates charged with rule violations be present at disciplinary hearings, except when their behavior during the hearing justifies exclusion.
16.13. Impartial Hearing. Disciplinary hearings of rule violations cases shall be conducted by an impartial person or panel. A record of the proceedings shall be made and maintained for at least two years.
16.14. Representative. Procedures shall allow inmates to request the services of an inmate or staff member to represent them at disciplinary hearings and to question relevant witnesses. Representatives shall be appointed when it is apparent that inmates are not capable of effectively collecting and presenting evidence on their own behalf. Having a representative shall not interfere with the inmate's own right to be heard.
16.15. Evidence and Witnesses. Procedures shall provide that the inmate be given an opportunity to make a statement, to present documentary evidence, to call witnesses on his or her behalf, and to cross-examine witnesses. Reasons for the denial of these requests shall be stated in writing.
16.16. Authority's Decision. Procedures shall specify that the disciplinary authority's decision shall be based solely upon information obtained in the hearing process, including staff reports, the statements of the inmate charged, and evidence derived from witnesses and documents.
16.17. Written Record. Procedures shall specify that a written record shall be made of the disciplinary hearing decision and the supporting reasons, and that a copy shall be given to the inmate. The record of the hearing and supporting documents shall be kept in the inmate's file and in the Chief Executive Officer's records. The disciplinary hearing statement shall include the decision, the disposition and the reason for the action including recitation of evidence upon which the determination is made and the rationale for any penalty imposed.
16.18. Review of Findings. Procedures shall provide for a review of all disciplinary hearings and disposition by the Chief Executive Officer to assure conformity with policies and regulations.
16.19. Not Guilty. Procedures shall provide that the disciplinary report be removed from all files of inmates found not guilty of an alleged rule violation. When an inmate is found guilty of only some of the rule violations he or she was originally charged with in connection with a single incident, and when that incident is described in a single disciplinary report, the inmate's record shall show clearly the violations that were not proven. All disciplinary reports, regardless of disposition, may be kept and used for statistical or research purposes providing all identification is removed.
16.20. Appeal. Procedures shall grant inmates the right to appeal disciplinary decisions to the Chief Executive Officer or his or her designee and receive a response within three working days and to appeal to the Commissioner of Corrections and receive a response within seven days of receipt of the decision. The appeal process shall consider three factors: whether there was substantial compliance with correctional facility standards and procedures in handling inmate discipline; whether the decision was based on the greater weight of evidence; and whether, under the circumstances, the sanction imposed was proportionate to the rule violation.
16.21. Disciplinary Action. In any disciplinary action taken against any inmate:
16.21.1. The action must be reasonable and proportionate to the violation;
16.21.2. The action must be taken in an impartial and nondiscriminatory manner;
16.21.3. The action must never be arbitrary or retaliatory;
16.21.4. Physical abuse is strictly prohibited; and,
16.21.5. Accurate, detailed reports of all disciplinary actions must be maintained.
W. Va. Code R. § 95-2-17 Communication, Mail and Visitation
17.1. Written Regulations for Mail. Written policies and procedures shall govern inmate correspondence and shall be available to all staff and inmates. Inmates must utilize their correct return address, although it need not specifically indicate a correctional facility.
17.2. Limitation of Mail. When the cost is borne by the inmate, there shall be no limitation on the volume of mail which an inmate may send or receive, or on the length, language, content or source of the mail, except that of obtaining permission for an inmate to correspond with an inmate of another correctional facility. The number of approved correspondents for an inmate shall be unlimited. Limitations may be placed on the use of the mails for the conduct of an inmate business. Inmates have the right to reject any mail directed to them and the rejection shall not subject an inmate to punishment.
17.3. Postage Allowance. Procedures shall provide that indigent inmates, as defined in policy, receive a specified postage allowance to maintain community ties. Provision shall be made to ensure that indigent inmates are able to send a reasonable minimum number of letters per month. Community ties include family, personal friends, etc.; privileged communications to attorneys, public officials and courts shall not be restricted.
17.4. Mail Forwarding. All first class mail and packages shall be forwarded to inmates who are transferred to other correctional facilities or released, provided a forwarding address is available. If a forwarding address is not available, first class mail shall be returned to the sender. Post Office policies and procedures shall be made available to inmates.
17.5. Publications. Specific policies and procedures shall exist to define which publications are allowed in the correctional facility and how they will be inspected. Publications can be prohibited only if they pose a clear, direct and immediate danger to security.
17.6. Distribution. Procedures shall insure that incoming and outgoing mail is not delayed. All letters and legal material shall be delivered on the same day of receipt, except as provided in Section 17.7 of this rule.
17.7. Censoring. General correspondence, both incoming and outgoing, can only be opened and read if, prior to reading, there is reasonable cause to believe it contains plans for criminal activity or the introduction of contraband, in which event the opening and reading of inmate's mail is subject to the following safeguards:
17.7.1. Prior notice to the inmate, and if a return address is supplied, to the writer or sender;
17.7.2. Reasonable opportunity to challenge;
17.7.3. Ultimate determination by a disinterested party;
17.7.4. Done in the presence of the inmate; and,
17.7.5. When a complaint is made by an inmate regarding mail, there shall be an on-site investigation within fourteen days.
Records shall be maintained of all mail rejected and the reasons for the rejection.
17.8. Inspection. Procedures shall provide for the inspection of inmate mail to intercept cash, checks, and money orders. Cash, checks and money orders shall be removed from incoming mail, credited to the inmate's account, and a receipt given to the inmate.
17.9. Contraband. Policies and procedures shall govern the inspection for and the disposition of contraband. Policies and procedures shall also specify how seizures can be challenged, what should be done with the contraband, and under what conditions receipts are given the sender or addressee. Policies and procedures shall indicate when the matter is referred for prosecution.
17.10. Sealed and Certified Letters.
17.10.1. Sealed letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, including, but not limited to: courts, attorney of record, officials of the Division of Corrections: elected government officials, news media, grand juries, law enforcement officials, administrators of grievance systems, and members of the parole board. Outgoing privileged mail shall not be opened.
17.10.2. Privileged Correspondents. Incoming mail from the privileged correspondents set forth in Subdivision 17.10.1 of this subsection shall not be opened unless the Chief Executive Officer or his or her designee determines that there is reasonable cause to believe that it is counterfeit or that it contains contraband. The mail shall be opened in accordance with the procedures set forth in Section 17.7 of this rule.
17.10.3. Certified and Registered Mail. Incoming certified and registered mail for inmates shall be processed as all other mail but delivered to addressee only upon securing a signed receipt. Outgoing certified and registered mail shall be permitted if the inmate sender has the funds to pay for the service.
17.11. Telephone.
17.11.1. Telephone Access. Telephone facilities shall be provided to permit reasonable and equitable access to all inmates. Procedures shall specify the hours of telephone availability, the maximum length of calls, and any limitation on telephone calls. All limitations shall be reasonable and in writing. Telephone facilities shall allow for a reasonable amount of privacy and protection from the elements.
17.11.2. Telephone Monitoring. No telephone communication shall be monitored or intercepted in any way, unless the Chief Executive Officer or his or her designee reasonably believes that the telephone communication concerns escape plans, plans to commit a crime, or plans to violate correctional facility rules and regulations. The Chief Executive Officer or his or her designee shall inform any inmate that his or her calls will be monitored and give him or her reasons in writing why such action is being taken. In no event shall telephone communications with those persons described as privileged correspondents in Subdivision 17.10.1 of this subsection be monitored or intercepted in any way. Records shall be maintained of all telephone calls monitored.
17.11.3. Attorney Calls. Telephone communications between an inmate and his or her attorney shall not be denied. All calls to attorneys shall be permitted daily between 8:00 a.m. and 9:00 p.m. without restriction, except as requested by the particular attorney to be called. The correctional facility is not responsible for payments for long distance or local calls. Inmates shall be allowed to accept direct calls from attorneys.
17.12. Visitation Regulations. All regulations pertaining to visiting shall be made available to all inmates at admission. Visitation shall be designed to enhance rehabilitation, establish normalization of social relationships and satisfy security. Reasonably comfortable accommodations and space, and reasonable privacy shall be afforded for visitation. Sufficient seats for indoor visitation shall be provided.
17.13. Access to Visitation. The number of visitors an inmate may receive and the length of visits shall be limited only by the correctional facility's schedule, space, and personnel constraints, or when there are substantial reasons to justify the limitations. Inmates shall be allowed at least three visitors at one time (with all minor children in the same family counting as one). Each inmate may have at least fifteen approved visitors on an approved visitors' list regardless of their relationship.
17.14. Registration. Each visitor shall be required to register his or her name, address, and relation to the inmate upon entry into the correctional facility. All circumstances under which visitors and their belongings may be searched shall be in written policy.
17.15. Security. The degree of informality of inmate visiting facilities shall be consistent with the correctional facility's overall security requirements. Maximum physical contact shall be allowed, consistent with an orderly visitation environment. Inmates shall be permitted to hold infant children during visits, and they may assist with feeding. Visiting areas must not, except for documented security purposes with respect to specific inmates and their offenses, physically separate visitors from inmates.
17.16. Extended Visits. Procedures shall provide guidelines for determining which inmates are permitted extended visits with their families, the length of the visit, where the visit shall take place and other conditions for the visit. Inmates with appropriate security classifications shall be permitted furloughs home.
17.17. Special Visits. Procedures shall govern special visits which may include visits from persons who have come long distances, prospective employers, non-immediate family members, seldom visiting family members, visits to hospitalized inmates, visits to inmates in disciplinary status and visits between inmates and their attorneys, clergy, social service agency representative, etc. These persons need not be included on a visitors list. Written policies and procedures shall specify the conditions of the visits.
W. Va. Code R. § 95-2-18 Reception and Orientation
18.1. Admissions. Written procedures for admission of inmates new to the system shall require at a minimum the following:
18.1.1. A determination that the individual is legally committed to the correctional facility;
18.1.2. A complete search of the individual and his or her possessions;
18.1.3. A disposition of personal possessions;
18.1.4. A shower and hair care, if necessary;
18.1.5. The issuance of clean, laundered clothing, as needed;
18.1.6. Photographing and fingerprinting the inmate, including notation of identifying marks or other unusual physical characteristics;
18.1.7. A medical, dental and mental health screening;
18.1.8. Assignment to a housing unit;
18.1.9. The recording of basic personal data and information to be used for mail and the visiting list;
18.1.10. The assistance of inmates in notifying their next of kin and families of admission;
18.1.11. An explanation of procedures for mail and visiting;
18.1.12. The assignment of a registered number to the inmate; and,
18.1.13. The giving of written orientation materials to the inmate.
Staff members shall explain the procedures being undertaken at each step in the admissions process. When necessary, these procedures shall be reviewed for inmates transferred within the correctional system.
18.2. Summary Admissions Report. Procedures shall require the preparation of a summary admission report for all new admissions to the correctional facility that includes, but is not limited to, the following:
18.2.1. An account of the legal aspects of the case;
18.2.2. A summary of the inmate's criminal history, if any;
18.2.3. The inmate's social history;
18.2.4. The inmate's medical, dental, and mental health history;
18.2.5. The inmate's occupational interests and experiences;
18.2.6. The inmate's educational status and interests;
18.2.7. The inmate's recreational preference and needs assessment;
18.2.8. The inmate's psychological evaluations;
18.2.9. Staff recommendations; and,
18.2.10. Pre-correctional facility assessment information.
18.3. Orientation: Transferred Inmates. Inmates transferred from other correctional facilities shall receive an orientation to the new correctional facility.
18.4. Personal Property. Procedures shall specify the personal property inmates can retain in their possession.
18.5. Security of Personal Property. Procedures shall govern the control and safeguarding of inmate personal property. Personal property retained at the correctional facility shall be itemized in a written list which is kept in the permanent file. The inmate shall receive a current copy of this list. All inmate's property retained by the correctional facility shall be accurately inventoried, handled carefully and securely stored. The property shall be available if required by the inmate and returned at the time of release. Confiscated items shall be noted on the inventory list which is signed by the inmate. Receipts shall be provided to the inmate for all funds and possessions stored, and upon release from the correctional facility, receipts shall be signed by inmates acknowledging return of their property.
18.6. Orientation, New Inmates. Orientation shall provide new inmates an understanding of what is expected of them and what they may expect to derive from the correctional facility programs. Orientation shall include formal classes, distribution of brochures that describe correctional facility programs and rules and regulations, and discussions of the correctional facility's programs and procedures.
18.7. Reception Programs. The daily program for inmates in the reception unit shall include interviews, testing, and other activities related to the admission process, as well as development of the individual rehabilitation program, and receipt of information on educational, religious, work, and recreational programs. New inmates shall be provided reading materials and be permitted to attend religious services. They shall receive exercise on the same schedule as the general population and perform work assignments on the unit. Key program elements of the correctional facility shall be involved in the reception program.
W. Va. Code R. § 95-2-19 Classification
19.1. Written Plan. There shall be a written plan for inmate classification which specifies the objectives of the classification system, details the methods for achieving the objectives, and provides a monitoring and evaluation mechanism to determine whether the objectives are being met. Classification policies shall include, at a minimum:
19.1.1. Detailed procedures for initial inmate classification and reclassification;
19.1.2. Instructions regarding the makeup of the unit, team or full classification committees; as well as the duties and responsibilities of each;
19.1.3. Definition of the various committees; responsibilities for custody, employment and vocational/program assignments;
19.1.4. Instructions as to what phases of an inmate program may be changed by the various committee levels;
19.1.5. Specific procedures relating to inmate transfer from one program to another and from one correctional facility to another; and,
19.1.6. Content of the classification interview.
19.2. Degree of Custody. The system for classifying inmates shall specify the level of custodial control required. All inmates shall be assigned the least restrictive custodial level necessary.
19.3. Program Status Review. The written plan for inmate classification shall specify that the program status review of each inmate shall occur at least twice every twelve months.
19.4. Program Changes. The written plan for inmate classification shall specify criteria and procedures for determining and changing the program status of an inmate. Because program status reviews can involve an increase in the level of custody, transfer to another correctional facility, or other program changes thataeffect inmates adversely, the review process shall include an appeal process which may be invoked and must be responded to prior to carrying out the program change.
19.5. Classification Hearings. Procedures shall require that unless precluded for security or other substantial reasons, all inmates shall appear at their classification hearing and be given notice twenty-four hours prior to their hearings; the notice may be waived by the inmate, in writing.
19.6. Individual Rehabilitation Plan. Each inmate shall have developed, with his or her consultation, an individual rehabilitation plan within sixty days of initial custody. The plan shall include an assessment of the needs and long-term goals of the inmate, and a means for providing educational and/or vocational programming, apprenticeship programs, work release programs, and other rehabilitative programs as are appropriate for the individual.
19.7. Special Needs Inmates. Procedures shall provide for identification of special needs inmates which include, but are not limited to, drug addicts, drug abusers, alcoholics, alcohol abusers, or inmates who are emotionally disturbed, mentally retarded, suspected mentally ill, or who pose high risk or require protective custody. Procedures shall exist to identify the number, type and frequency of commitment of these groups of inmates. When numbers or frequency of commitment warrant, special programs shall be instituted for the appropriate management and effective handling of these inmates.
19.8. Parole Hearing. The written plan for inmate classification shall specify that, prior to a parole hearing, pre-parole material shall be made available to the paroling authority including a current and complete history of the inmate's activities in the correctional facility and a proposed parole plan.
W. Va. Code R. § 95-2-20 Inmate Work Programs
20.1. Written Plan. The correctional facility shall maintain a written plan that provides full-time work and/or program assignments for all inmates in the general population. An inmate work program may include industrial, agricultural, maintenance, and service jobs and shall provide employment for all eligible inmates. The work provided an inmate shall match the inmate's interests, past experience and/or educational program to the extent possible. The work and educational programs shall be compensated at a level which encourages participation.
20.2. Work Assignments. The correctional facility shall provide a variety of work assignments that afford inmates an opportunity to learn job skills and develop good work habits and attitudes that they can apply to jobs after they are released. Whenever possible, inmate work assignment shall provide experience relevant to the current job market. Work assignments for women shall not be limited to traditional tasks assigned to women. Inmates shall be utilized on community and public works projects off grounds.
20.3. Advisory Committee. The correctional facility shall form a task force or advisory committee of labor, business, industrial and educational community organizations which shall advise and assist in providing inmates with jobs which will teach them skills relevant to the job market.
20.4. Minimum Standards. Inmate work programs shall meet all applicable requirements for the safety and health of workers.
20.5. Handicapped Inmates. The inmate work plan shall include provision for employment for handicapped inmates.
W. Va. Code R. § 95-2-21 Academic and Vocational Education
21.1. Comprehensive Program. There shall be a comprehensive education program available to all eligible inmates that extends from literacy training through high school and includes communication skills, mathematics, and social science. The educational program shall be structured so that inmates can enter at any time and proceed at their own pace. Progress through the program shall not be defined by grade level attainment. Individual instruction shall be supplemented by the use of programmed instruction, teaching machines, educational television and correspondence courses when appropriate.
21.2. Standardized Curriculum. There shall be a standardized competency-based curriculum supported by appropriate materials and classroom resources. A standard curriculum shall be developed in order to monitor student progress from class to class or between correctional facilities.
21.3. Program Availability. Educational programs shall not compete with work assignments, visitation, counseling, etc., but shall be offered at off peak program hours and shall be available in the evenings and on weekends.
21.4. Specialized Equipment. The educational program shall be supported by specialized equipment, including, at a minimum, classrooms, teaching carrels, audiovisual materials and facilities, chalkboards, and administrative space.
21.5. Post-secondary Programs. Post-secondary programs in academic and vocational education shall be available to qualified inmates. An adequate number of college courses shall be available at no cost to all appropriate inmates. Appropriate classroom space shall be provided for all such courses.
21.6. Social Skills. The correctional facility shall provide courses in consumer activities, life skills, and family life, and where possible, should incorporate instruction of social skills in regular course content. The courses shall be coordinated with social services, leisure time activities and religious programs, and in a comprehensive social skills development program.
21.7. Vocational Training. Vocational training programs shall be integrated with academic programs and shall be relevant to the vocational needs of inmates and to employment opportunities in the community. A variety of training programs shall be available including cooperation with correctional industries, work assignments, apprenticeships, on-the-job training, and other vocational related programs. Equipment and curricula for the vocational training programs shall be updated periodically to ensure compatibility with training developments in the community.
21.8. Educational Records. Academic and vocational information shall become a part of the master file and shall be transferred when inmates are moved to other correctional facilities or relocated in the community during pre-release.
21.9. Staffing. An adequate job placement staff whose full-time responsibility is the classification, placement, development of placement, and individual programming for inmates shall be maintained. This staff shall assess individual needs as well as facilitate the development of apprenticeships, community work release, and vocational and educational placement. The correctional facility shall maintain an adequate staff of counselors with training in educational guidance counseling. There shall be a ratio of one counselor for every sixty inmates. Counselors shall work with each inmate individually to develop a rehabilitative program for that inmate. This program and the inmate's progress shall be reviewed at regular intervals.
21.10. Work Release. Sufficient work release centers shall be maintained for eligible inmates. Inmates are eligible for work release selection after six months of incarceration and/or within two years of possible release.
W. Va. Code R. § 95-2-22 Library Services
22.1. Comprehensive Services. The correctional facility shall maintain and/or provide access to comprehensive library services which include, but are not limited to, a reference collection which includes general and specialized materials, and planned and continuous acquisition of materials to meet the needs of the correctional facility's staff and inmates.
22.2. Library Materials. Library materials shall be selected to meet the educational, informational and recreational needs of the inmates. They shall be easily accessible and regulated by a system that prevents abuse.
22.3. Community Interaction. Procedures shall provide for interaction with the community through recreational activities. Community interaction shall include bringing in volunteers to provide instruction and inviting local teams to compete with correctional facility teams; it may include taking inmates into the community for recreational activities.
23.4. Facilities and Equipment. Facilities and equipment, which are maintained in good condition and are suitable for the planned leisure activities, shall be available in proportion to the inmate population.
23.5. Leisure Time Activities. The correctional facility shall provide opportunities for all inmates to participate in leisure time activities outside the cell or room on a daily basis. Each inmate shall be permitted at least one hour of leisure time activity each day, i.e., radio, television, movies, crafts, cards, puzzles, checkers, chess, or indoor exercise. There shall be adequate indoor space and equipment to enable large muscle exercise.
23.6. Outdoor Exercise. The correctional facility shall provide opportunities for at least one hour of outdoor exercise per day with adequate space and equipment to permit regular outdoor sports activity.
23.7. Recreation Records. Written records shall be maintained which specify the date, time and type of recreational opportunity offered, as well as the housing unit or classification of inmate to whom the opportunity was offered.
W. Va. Code R. § 95-2-24 Religious Services
24.1. Access to Programs. Procedures shall provide for access to religious resources, services or counseling for all inmates on a voluntary basis. It is the responsibility of the correctional facility to ensure that all inmates are able to voluntarily exercise their constitutional right to religious freedom when this freedom does not interfere with the order and security of the correctional facility. Inmates shall be kept informed about opportunities to participate in religious programs on a continuing basis.
24.2. Program Supervision. A qualified and trained chaplain shall coordinate and supervise the correctional facility's religious programs. The chaplain shall recognize the validity of all religious faiths and their contribution to the persons involved with them. Qualified chaplains shall have the ecclesiastical endorsement from a recognized religious organization according to administrative procedures. These chaplains may be able to provide clinical pastoral education at the correctional facility.
24.3. Representation. Representatives of all faith groups shall be available to inmates. Either a full-time chaplain or representatives of faith groups from the community shall be available to provide regular religious services, individual and group counseling, family contacts, and other services.
24.4. Access to Correctional Facility. Staff chaplains shall have access to all areas of the correctional facility.
24.5. Religious Visits. Inmates shall be permitted to receive visits from accredited representatives of their respective faiths during normal visiting hours. Provision also shall be made for emergency visits.
24.6. Facilities and Equipment. The correctional facility shall provide facilities and equipment for the conduct of religious programs for inmates.
W. Va. Code R. § 95-2-25 Social Services
25.1. Staff Assignment. At initial classification, each inmate shall be assigned to a staff member to ensure supervision and personal contact; a unit management team may perform this function.
25.2. Staff Availability. Appropriate staff shall be available to help inmates with their personal problems and with their adjustment to the correctional facility on a regularly scheduled basis, and for appointments with inmates who request them. Treatment offerings shall include group therapy and group and individual counseling. Because inmates may have problems that require immediate attention, at least one staff member shall be available seven days per week. Crisis intervention services shall be available on an as-needed basis to assist disturbed inmates.
25.3. Counseling Program. A planned, organized counseling program shall be provided by persons qualified either by formal education or training. Staffing shall be in accordance with Section 21.9 of this rule.
25.4. Substance Abuse Program. Procedures shall provide for substance abuse programs for inmates with drug and alcohol addiction problems. These programs shall include, at a minimum, the following:
25.4.1. Staff trained in drug and alcoholic treatment to design and supervise the program;
25.4.2. The selection and training of former addicts and recovered alcoholics to serve as employees or volunteers in these programs;
25.4.3. Coordination of the correctional facility and community substance abuse programs;
25.4.4. Efforts to motivate addicts to seek help;
25.4.5. Realistic goals for the rehabilitation of inmates with drug or alcohol abuse problems; and,
25.4.6. A variety of approaches to provide flexibility to meet the varying needs of different addicts.
W. Va. Code R. § 95-2-26 Release Preparation and Temporary Release
26.1. Release Preparation Program. Procedures shall provide that all inmates have access to a program of release preparation prior to their release to the community. Programs to prepare inmates for release may include the following:
26.1.1. Lectures and discussions that address the concerns of soon-to-be released inmates;
26.1.2. Individual counseling that focuses on each inmate's particular needs;
26.1.3. Pre-release visits by parole officers and family members; and ,
26.1.4. Graduated release through short furloughs.
26.2. Temporary Release Programs. Temporary release programs shall include but not be limited to the following:
26.2.1. Written operational procedures;
26.2.2. Careful screening and selection procedures;
26.2.3. Written rules of conduct and sanctions;
26.2.4. A system of supervision to minimize inmate abuse of program privileges;
26.2.5. A complete record-keeping system; and,
26.2.6. A system for evaluating program effectiveness.
Selection of inmates shall be restricted to those eligible for release within one year and others determined suitable, and shall be based on an assessment of the potential benefits to the inmate and the safety of the community. Sanctions commensurate with rule violations shall be specified, ranging from reprimand to removal from the program.
26.3. Graduated Release. Procedures shall include graduated release through a systematic decrease in supervision and corresponding increase in inmate responsibility as part of the classification program.
26.4. Leaves. Procedures shall provide for escorted and/or unescorted leaves into the community. Inmates shall be allowed escorted leaves of absence from the correctional facility to obtain medical care not available in the correctional facility, to visit a critically ill family member, to attend the funeral of a family member, to participate in community events as a member of a group or team, or to participate in other community activities that can have a positive influence on the inmate. Unescorted leaves of absence for a pre-determined period of time may be appropriate to allow inmates to seek post-release employment, make residential plans for parole, conduct business affairs when a personal appearance is necessary, visit family to strengthen or preserve relationships, or for any other purpose considered consistent with an inmate's rehabilitation and classification.
26.5. Release Process. Written procedures for releasing inmates at the end of their term shall include, but are not limited to, the following:
26.5.1. Verification of the inmate's identity;
26.5.2. Verification of release papers;
26.5.3. Completion of release arrangements, including notification of the parole authorities in the jurisdiction of release, if required;
26.5.4. The return of personal effects or contraband;
26.5.5. A check to see that no facility property leaves the facility;
26.5.6. Arrangements for completion of any pending action, such as grievances, claims for damages or lost possessions, etc.;
26.5.7. Medical screening and arrangements for community follow-up where needed; and,
26.5.8. Instructions on forwarding of mail.
W. Va. Code R. § 95-2-27 Citizen Involvement and Volunteers
27.1. Accountability. Procedures shall specify the lines of authority, responsibility, and accountability for the correctional facility's citizen involvement and volunteer services program. When volunteer activity can be shown to threaten the order and security of the correctional facility or the safety of the volunteer, the activity shall be limited or discontinued until the problem is resolved.
27.2. Screening and Selection. There shall be a uniform method for screening and selecting volunteers in accordance with security concerns.
27.3. Orientation and Training. Procedures shall provide that, prior to assignment, each volunteer shall complete a documented orientation and/or training program appropriate to the nature of the assignment. An initial orientation session for long-term volunteers shall address the history, policies and regulations of the correctional facility and shall include an overview of the program so that the volunteers may develop a sense of their role in the program. The curriculum shall include a description of the volunteer's duties, as well as a review of the needs, attitudes and lifestyles of the inmate population. One time or short-term volunteers may require less intensive orientation. All volunteers shall receive a copy of an approved code of ethics.
27.4. Policy Compliance. Volunteers shall agree in writing to abide by all correctional facility policies, particularly those relating to the security and confidentiality of information.
27.5. Schedule of Services. A current schedule of volunteer services shall be available to all inmates and shall be posted in appropriate areas of the correctional facility.
27.6. Registration and Identification. All volunteers shall be registered with the correctional facility or the Division of Corrections for insurance purposes. An identification card shall be issued to each volunteer and an identification record shall be kept at the correctional facility for each volunteer. This record shall ensure proper identification and shall include a photograph, address, and telephone number at which the volunteer can be reached, and other job-related information.
27.7. Professional Services. Volunteers shall not perform professional services without the proper certification, examination or license. Volunteers offering professional service shall be required to cite their credentials and/or certificate status in their initial application. Tutoring or sponsorship of a craft or hobby program is not considered a professional service.
W. Va. Code R. § 95-2-28 Glossary
28.1. Administrative Segregation. A form of separation from the general population administered by the Classification Committee or other authorized group, when the continued presence of the inmate in the general population would pose a serious threat to life, property, self, staff or other inmates, or the security or orderly running of the correctional facility. Inmates pending investigation for trial on a criminal act or pending transfer can also be included. (See Protective Custody and Segregation.)
28.2. Adult Correctional Facility. A confinement facility, usually under state auspices, which has custodial authority over adults sentenced to confinement for more than a year.
28.3. Classification. A process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.
28.4. Contraband. Any item possessed by inmates of the facility which are prohibited by program policies and regulations.
28.5. Counseling. Planned use of interpersonal relationships to promote social adjustment. Counseling programs provide opportunities to express feelings verbally with the goal of resolving problems of individual residents. There are at least three types of counseling that may be provided: individual in a one-to-one relationship; small group counseling; and large group counseling in a living unit (i.e., "therapeutic community").
28.6. Disciplinary Detention. A form of separation from the general population in which inmates committing serious violations of conduct regulations are confined by the disciplinary committee or other authorized group for short periods of time to individual cells separated from the general population. Placement in detention may only occur after a finding of rule violation at an impartial hearing and when there is no adequate alternative disposition to regulate the inmate's behavior. (See Protective Custody and Segregation.)
28.7. Educational Release. The designated time when inmates leave the program or correctional facility to attend school in the community, returning to custody after school hours.
28.8. Fiscal Position Control. Process by which control is maintained to ensure that persons on the payroll are legally employed, that positions are authorized in the budget and that funds are available.
28.9. Health Authority. The physician, health administrator or agency responsible for the provision of health care services at a correctional facility; the responsible physician may be the health authority.
28.10. Health Care. The sum of all action taken, preventive and therapeutic, to provide for the physical and mental well-being of a population. Health care includes medical and dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions.
28.11. Health Care Personnel. Individuals whose primary duties are to provide health services to inmates in keeping with their respective levels of health care training or experience. (See Qualified Health Personnel.)
28.12. Health-Trained Personnel (Medically Trained Personnel). Correctional officers or other correctional personnel such as social workers, who may be trained and appropriately supervised to carry out certain specific duties with regard to the administration of health care.
28.13. Hearing. A proceeding in which arguments, witnesses or evidence are heard by a judicial officer and administrative officer or body.
28.14. Holidays. All days legally designated as non-workdays by statute or by the chief governing authority of a jurisdiction.
28.15. Indigent. A person with limited funds and/or no source of income.
28.16. Informed Consent. The agreement by the patient to a treatment, examination or procedure after the patient receives the material facts regarding the nature, consequences, risks, and alternatives concerning the proposed treatment, examination and procedure.
28.17. Life Safety Code. A manual published by the National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest; two chapters are devoted to correction facilities.
28.18. Management Information System. The concepts, personnel and supporting technology for the collection, organization and delivery of information for administrative use. There are two such types of information:
28.18.1. Standards information, consisting of the data required for operational control, such as the daily count, positive and negative release rates, escape or runaway rates, referral sources, and payroll data in a personnel office; and,
28.18.2. Demand information, which can be generated when a report is required, such as a number of residents in educational and training programs, and duration of incarceration.
28.19. Medical Restraints. Either chemical restraints, such as sedatives, or physical restraints, such as straight jackets, applied only for medical or psychiatric purposes.
28.20. Mentally Retarded. The individual functions at a subaverage general intellectual level and is deficient in adaptive behavior or the degree to which the individual meets the standards of personal independence and social responsibility expected of individuals of this age and cultural group.
28.21. Parent Agency. The Administrative Department or division to whom the facility administrator reports; it is the policy-setting body. This can be a correctional agency, part of a cabinet agency, or the Governor's Office.
28.22. Permanent Status. A personnel status which provides due process protection prior to dismissal.
28.23. Policy. A course or line of action adopted and pursued by an agency which guides and determines present and future decisions and actions. Policies indicate the general course or direction of an organization, within which the activities of the personnel and units must operate. They are statements of guiding principles which should be followed in directing activities toward the attainment of objectives. Their attainment may lead to compliance with standards as well as compliance with the overall goals of the agency/system.
28.24. Population Center. A geographical area containing at least 10,000 people and public safety services, professional services, employment and educational opportunities, and cultural/recreational opportunities.
28.25. Procedure. The detailed and sequential actions that must be executed to ensure that a policy is fully implemented. It is the method of performing an operation, or a manner of proceeding on a course of action. It differs from a policy in that it directs action in a particular situation to perform a specific task within the guidelines of policy.
28.26. Program. The plan or system through which a correctional agency works to meet its goals; often this program requires a distinct physical setting, such as a correctional facility.
28.27. Protective Custody. A form of separation from the general population for inmates requesting or requiring protection from other inmates for reasons of health or safety. The inmate's status is reviewed periodically by the classification committee or other designated groups. (See Administrative Segregation and Disciplinary Detention.)
28.28. Qualified Health Personnel. Physicians, dentists, and other professionals and technical workers who by state law engage in activities that support, complement or supplement the functions of physicians and/or dentists and who are licensed, registered, or certified, as appropriate to their qualifications, to practice.
28.29. Rated Bed Capacity. Rated bed capacity is the number of inmates who may be properly housed and cared for in the facility as determined by a survey which excludes areas not adapted to housing, such as basements, attics, corridors and day rooms; housing facilities which, because of obsolescence or other reason, constitute a major fire or health hazard; facilities not available for regular inmate occupancy, such as hospital, isolation, and reception units; and temporary housing, such as, a temporary dormitory. In determining correctional facility bed capacities, the adequacy of the total facilities of the correctional facility including the number of beds as well as the adequacy of the total facilities of the correctional facility or program activities, such as dining, toilet, recreation, education, and religion are to be taken into consideration.
28.30. Responsible Physician. The physician at a correctional facility with final responsibility for the medical judgments and other decisions related to medical judgments; this physician may also be the health authority for the correctional facility.
28.31. Safety Vestibule. A secure area located at the entry or exit that divides the inmate areas from the remainder of the correctional facility. A safety vestibule has two doors or gates, only one of which opens at a time, to permit entry to or exit from inmate areas in a safe and controlled manner.
28.32. Sally Port. An enclosure situated in the perimeter wall or fence of the correctional facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit ensures there will be no breach in the perimeter or interior of the correctional facility . The sally port may be small enough to accommodate only pedestrian traffic, or large enough to handle large delivery trucks.
28.33. Security. The degree of restriction of inmate movement within a correctional facility, usually divided into maximum, medium and minimum risk level.
28.34. Segregation. The confinement of an inmate to an individual cell that is separated form the general population. There are three forms of segregation: administrative segregation, disciplinary detention and protective custody.
28.35. Self-Insurer. Any parent agency or governmental jurisdiction which acts as the insurer. For public agencies, the self-insurance program is usually authorized by the Legislature. A "memorandum of insurance" or similar documents is required which acts as a policy, setting the limits of liability for various categories of risk, including deductible limits. Approval of the policy by a cabinet level official is also required.
28.36. Serious Incident. A situation in which injury serious enough to warrant medical attention occurs involving an inmate, employee, or visitor on the grounds of the correctional facility. Also a situation containing an imminent threat to the security of the correctional facility and/or to the safety of inmates, employees or visitors on the grounds of the correctional facility.
28.37. Severe Mental Disturbance. The individual is a danger to himself or herself, or others, or is incapable of attending to basic physiological needs.
28.38. Special Management Inmates. Inmates whose behavior presents a serious threat to the safety and security of the facility, the inmate, the staff or the general inmate population. Special handling and/or housing is required to regulate their behavior.
28.39. Special Needs Inmates. Inmates whose mental and/or physical condition require special handling and treatment by staff. Special needs inmates include, but are not limited to, the drug addict, drug abuser, alcoholic, alcohol abuser, emotionally disturbed, mentally retarded, suspected mentally ill, physically handicapped, chronically ill, and those who are disabled or infirm.
28.40. Temporary Release. A period of time during which an inmate is allowed to leave the program or correctional facility and go into the community unsupervised for various purposes consistent with the public interest.
28.41. Training. An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy or training center, at a correctional facility of higher learning, through contract service, at professional meetings, or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements.
28.42. Treatment Plan. A series of written statements which specify the particular course of therapy and the roles of medical and non-medical personnel in carrying out the current course of therapy. It is individualized and based on assessment of the individual patient's needs and includes a statement of the short-term and long-term goals, and the methods by which the goals will be pursued. When clinically indicated, the treatment plan provides inmates with access to a range of supportive and rehabilitative services, e.g., individual or group counseling, and/or self-help groups that the physician considers appropriate.
28.43. Volunteers. Persons from the community who participate in the facility operations. They are selected on the basis of their skills or personal qualities to provide programs and services for the inmate population in recreation, counseling, education and religious activities. Their services are provided without cost to the facility.
28.44. Chief Executive Officer. The person in charge of the correctional facility; the top executive or administrative officer.
28.45. Work Release. A formal arrangement, sanctioned by law, whereby an inmate is permitted to leave confinement to maintain approved and regular employment in the community, returning to custody during non-working hours.
95CSR2
Series 03 Minimum Standards For Construction, Operation And Management Of Holding Facilities
W. Va. Code R. § 95-3-1 General
1.1. Scope. -- This legislative rule establishes minimum standards and procedures for holding facilities in West Virginia.
1.2. Authority & Related Code Citation. -- W. Va. Code '31-20-9.
1.3. Filing Date. -- August 4, 1993.
1.4. Effective Date. -- November 2, 1993.
1.5. Repeal of Former Rule. -- None.
W. Va. Code R. § 95-3-2 Administration, Organization, and Management
2.1. Philosophy, Goals and Policies. A written statement shall be prepared by the authority having jurisdiction that describes the philosophy, goals and policies of the facilities under its control, and which is reviewed annually and updated as necessary. This statement is made available to staff, inmates and the general public.
2.2. Facility Administrator. The facility administrator shall be managed by a single administrator to whom all employees or units of management are responsible.
2.3. Appointment. The facility administrator shall be appointed by the chief executive officer or governing board of the authority having jurisdiction.
2.4. Qualifications. The education, operational and administrative qualifications of the facility administrator shall be stated in writing.
2.5. Operations Manual. There shall be a written operations manual that delineates the procedures for operating and maintaining the facility. The manual shall be made available to employees, reviewed annually and updated as needed.
2.6. Legal Assistance. Legal assistance shall be available to the administrator and other staff as needed in the performance of their duties.
W. Va. Code R. § 95-3-3 Fiscal Management
3.1. Accounting Procedures. The methods used for collection, safeguarding and disbursement of monies shall comply with accounting procedures established by the appropriate jurisdiction.
3.2. Minimum Policies. The facility shall have written policies and procedures approved by the parent agency that includes, at a minimum:
3.2.a. Internal controls;
3.2.b. Petty cash procedures;
3.2.c. Bonding for all appropriate staff;
3.2.d. Signature control on checks;
3.2.e. Handling of inmate funds;
3.2.f. Employee expense reimbursement; and
3.2.g. Issuance or use of vouchers.
3.3. Audit. The facility or parent agency fiscal process shall include an annual external financial audit of the facility at time periods stipulated by applicable statutes and/or regulations.
3.4. Inventory. There shall be inventory control of property, stores and other assets. Such inventories shall be conducted at time periods stipulated by applicable statutes, however, they should not exceed every two years.
3.5. Insurance Coverage. Each facility shall have insurance coverage which includes, at a minimum: worker's compensation, civil liability, liability for official vehicles, and public employee blanket bond.
3.6. Personnel Assessment. Budget policy and procedure shall provide for an annual assessment of presently assigned positions and future personnel needs required to meet facility objectives.
W. Va. Code R. § 95-3-4 Personnel
4.1. Selection, Retention, and Promotion. The selection, retention, and promotion of all personnel shall be on the basis of merit and specified qualifications.
4.2. Criminal Record Check. In accordance with state and federal statutes, a criminal record check and complete background investigation shall be conducted on all new employees to ascertain whether there are criminal convictions or other information which has a specific relationship to job performance.
4.3. Physicial Examination. A physical examination of all employees by a physician at the time of employment shall be required. Provision shall exist for re-examination when indicated.
4.4. Probationary Employees. There shall be a procedure governing probationary employment. New or promoted employees are appointed initially for a probationary term of one year. After successful completion of the initial probationary period, employees shall be granted permanent status.
4.5. Conflict of Interest. Employees shall be prohibited from using their official position to secure privileges for themselves or others and from engaging in activities that constitute a conflict of interest.
4.6. Disciplinary Actions. Employees on permanent status shall be terminated or demoted only for just cause and after grievance and appeals procedures, if requested, have been exhausted.
4.7. Annual Evaluation. A written performance evaluation of all employees, based on defined criteria related to job performance shall be provided at least annually. The evaluation shall bear a direct relationship to the skills, knowledge areas, aptitudes and personal characteristics defined in the job description. Employees shall review and discuss the performance evaluation with the person who completes it. If employees disagree with the evaluation, they shall have the opportunity to express their opinions in writing; their statements shall be included in their personnel files.
4.8. First Aid Training. There shall be at least one employee certified in first aid and CPR available at all times on each shift.
4.9. Personnel Records. The facility administrator or parent agency shall maintain a current, accurate and confidential personnel record for each employee.
4.10. Record Confidentiality. Written policy and procedure shall provide for the confidentiality of the personnel record and restrict its availability to the employee who is the subject of the record, to administrators and supervisors directly responsible for the employee, and to other personnel who need the information for the performance of their duties.
4.11. Record Correction. Provision shall be available for employees to challenge all information in their personnel file and establish a process for correction or removal of inaccuracies.
W. Va. Code R. § 95-3-5 Training and Staff Development
5.1. Training Curriculum. A training curriculum shall be developed, evaluated, and updated based on an annual needs assessment that identifies current job-related training needs.
5.2. Trainer Certification. Any individual providing pre-service, in-service or basic training for correctional staff shall be certified as a correctional trainer.
5.3. New Clerical/Support Employees. All new clerical/support employees who have minimal inmate contact shall receive at least 40 hours of orientation and approved training during their first year of employment. Twenty-four of these hours shall be completed prior to being independently assigned to a particular job. All persons in this category shall be given at least an additional 8 hours of training each subsequent year of employment.
5.4. New Support Employees. All new support employees who have regular daily inmate contact shall receive at least 40 hours of orientation and approved training during their first year of employment. Twenty-four of these hours shall be completed prior to being independently assigned to a particular job. They shall be given at least an additional 16 hours of training each subsequent year of employment. At a minimum, this training shall cover the following areas:
5.4.a. Security procedures and regulations;
5.4.b. Rights and responsibilities of inmates;
5.4.c. All emergency procedures;
5.4.d. Interpersonal relations;
5.4.e. Communication skills; and
5.4.f. First aid.
5.5. New Correctional Officers. All new correctional officer personnel shall receive at least 120 hours of approved orientation and training during their first year of employment. Forty of these hours shall be completed prior to being independently assigned to a particular post. All persons in this category shall be given an additional 40 hours of training each year thereafter. At a minimum, this training covers the following areas:
5.5.a. Security and search procedures;
5.5.b. Use of force regulations and tactics;
5.5.c. Supervision of inmates;
5.5.d. Report writing;
5.5.e. Inmate and staff rules and regulations;
5.5.f. Rights and responsibilities of inmates;
5.5.g. All emergency procedures;
5.5.h. Interpersonal relationships;
5.5.i. Social/cultural life style of the inmate population;
5.5.j. Communication skills; and
5.5.k. First Aid.
5.6. Administrative and Managerial Staff. The facility's administrative and managerial staff shall receive at least 40 hours of orientation if they are new to the facility and at least 8 hours of management training each year thereafter. This training shall cover, at a minimum, the following:
5.6.a. General Management and related subjects;
5.6.b. Decision-making processes;
5.6.c. Labor law, employee-management relations;
5.6.d. The interaction of elements of the criminal justice system; and
5.6.e. Relationships with other service agencies.
5.7. Weaponry and Chemical Agents. All personnel authorized to use firearms or chemical agents shall be trained in weaponry and the use of chemical agents on a continuing, in-service basis, and shall be required to qualify annually.
5.8. Security Personnel. All security personnel shall be trained in self-defense and the use of force including passive restraint to control inmates.
W. Va. Code R. § 95-3-6 Management Information and Research
6.1. System of Information. The facility shall contribute to, have access to, and use an organized system of information storage and retrieval relative to both inmate and operational needs.
6.2. Security. Procedure shall govern the security of the information and data collection system, including certification, access to data, and protection of the privacy of all inmates under the jurisdiction of the agency.
6.3. Collaboration. The facility or its parent agency shall collaborate with criminal justice and service agencies in information gathering, exchanges and standardization.
6.4. Inmate Population Accounting. There shall be an inmate population accounting system which includes records on the admission, processing and release of inmates.
W. Va. Code R. § 95-3-7 Inmate Records
7.1. Booking. Inmate booking information shall be recorded for every person admitted to the facility and includes at least the following data, unless prohibited by law:
7.1.a. Fingerprints;
7.1.b. Booking number;
7.1.c. Name and aliases of person;
7.1.d. Current address (or last known address);
7.1.e. Date, duration of confinement, and copy of court order or other legal basis for commitment;
7.1.f. Name, title and signature of delivering officer and arresting officer, if possible;
7.1.g. Specific charge(s);
7.1.h. Sex;
7.1.i. Age;
7.1.j. Date of Birth;
7.1.k. Place of Birth;
7.1.l. Race;
7.1.m. Present or last place of employment;
7.1.n. Health status, including any current medical or mental health needs;
7.1.o. Emergency contact (name, relationship, address and phone number);
7.1.p. Telephone calls made by the inmate at time of admission;
7.1.q. Driver's license and social security numbers;
7.1.r. Notation of case and all property; and
7.1.s. Additional information concerning special custody requirements, service needs, or other identifying information such as birthmarks or tattoos.
7.2. Custody Records. The facility shall maintain custody records on all inmates committed or assigned to the facility, that contain but are not limited to the following:
7.1.a. Intake/booking information;
7.1.b. Court generated background information;
7.1.c. Cash and property receipts;
7.1.d. Reports of incidents or crime(s) committed while in custody.
7.3. Case Records. A current and accurate classification or case record shall be maintained for each inmate committed to or housed in the facility. Procedures shall be established to safeguard legally privileged or confidential information. The records shall contain, at a minimum the following:
7.3.a. Classification and reclassification decisions;
7.3.b. Report of grievances, incidents, and crimes while in custody; and
7.3.c. Medical and Mental Health information relevant to the classification.
7.4. Identification System. The facility shall maintain a system which identifies all inmates in custody and their actual physical location.
7.5. Access to Records. Those persons within the facility and other authorized persons who have direct access to inmate classification or case records shall be defined.
7.6. Release of Information. The administration shall use a consent form which complies with applicable federal and state regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information, as required by statute or regulation, and a copy of the form shall be maintained in the inmate's case record.
W. Va. Code R. § 95-3-8 Physical Plant
8.1. General. All new facilities shall be designed, constructed, maintained and operated in accordance with the standards and requirements set out and established by the State Fire Code, including the current edition of the National Fire Code published by the National Fire Protection Association and the current BOCA National Building Code published by Building Official and Code Administrators International, Inc. (BOCA). In any conflict between or among any of the aforementioned standards, the West Virginia State Fire Code shall be preeminent.
Standards and Regulations. All existing facilities shall comply with the standards and regulations set forth for existing facilities in the State Fire Code, the current National Fire Codes published by the National Fire Protection Association (NFPA).
8.2. Safety of Occupants. Because the safety of all occupants in all detention and correctional facilities cannot be adequately assured solely by a dependence upon evacuation from the building, their protection from fire shall be provided by appropriate arrangement of facilities, an adequately trained staff, and careful development of operating, security, and maintenance procedures to include the following:
8.2.a. Proper design, construction and compartmentalization;
8.2.b. Provisions for fire detection, alarms and extinguishment;
8.2.c. Fire prevention programs which include planning, training, and drills covering such protective activities as: isolation of the fire; transfer of occupants to areas of refuge; evacuation of the facility; or measures for in-place protection of the occupants; and
8.2.d. Security provisions to the degree necessary to provide for the safety of both the occupants of the facility and the general public.
8.3. State Fire Marshal Review. Plans and specifications for all new facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
8.4. State Fire Marshal Certificate. No facility shall be occupied until a certificate of occupancy is issued by the State Fire Marshal's Office.
8.5. Activity Areas. All activity areas shall have sufficient air circulation (at least 10 cubic feet of fresh, purified air per minute per occupant), lighting and sanitary facilities. These areas include multipurpose rooms, recreation areas for inmates, or work areas for staff. Temperatures shall be maintained appropriate to the summer and winter comfort zones with consideration for the activity performed.
8.6. Inmate Booking and Release Area. The inmate booking and release area shall be located inside the security perimeter, but outside inmate living quarters, and have the following facilities:
8.6.a. Booking area;
8.6.b. Sally port;
8.6.c. Access to drinking water;
8.6.d. Shower facilities;
8.6.e. Secure storage for inmate's personal property;
8.6.f. Telephone facilities;
8.6.g. Private interview space(s);
8.6.h. Temporary holding rooms with sufficient fixed seating for all inmates at its rated capacity; and
8.6.i. Operable toilets and wash basins.
8.7. Environment. All rooms or cells shall have access to the following facilities and/or conditions:
8.7.a. Toilet above floor level which is available for use without staff assistance 24 hours a day;
8.7.b. Wash basin and drinking water;
8.7.c. Hot and cold running water;
8.7.d. A bed at above floor level, desk or writing surface, hook or closet space, chair or stool;
8.7.e. Lighting of at least 20 foot candles at desk level;
8.7.f. Circulation is at least 10 cubic feet of outside or recirculated air per minute per occupant;
8.7.g. Temperatures are appropriate to the summer and winter comfort zones;
8.7.h. Noise levels do not exceed 70 decibels in daytime and 45 decibels at night; and
8.7.i. Natural lighting.
8.8. Multiple Occupancy. Where used, multiple occupancy rooms shall house no less than four and no more than 50 inmates each. Inmates shall be screened prior to admission for suitability to group living. Multiple occupancy rooms shall provide for:
8.8.a. Continuing observation by staff;
8.8.b. A minimum floor area of 50 square feet per occupant in the sleeping area and a clear floor to ceiling height or not less than eight feet;
8.8.c. Toilet and shower facilities at a minimum of one operable toilet and shower for every eight occupants;
8.8.d. One operable wash basin with hot and cold running water for every six occupants;
8.8.e. Natural lighting;
8.8.f. Beds above floor level, desk or writing surface, chair or stool;
8.8.g. A locker for each occupant;
8.8.h. Lighting is at least 220 foot candles at desk level and in the personal grooming area;
8.8.i. Circulation is at least 10 cubic feet outside or recirculated air per minute per occupant;
8.8.j. Temperatures are appropriate to the summer and winter comfort zones; and
8.8.k. Noise levels do not exceed 70 decibels in daytime and 45 decibels at night.
8.9. Communication. Any room used for segregation shall permit inmates assigned to it to communicate with staff and have a door which permits observation by staff.
8.10. Continuing Staff Observation. When seriously ill, mentally disordered, injured or non-ambulatory inmates are held in the facility, there shall be at least one single-occupancy cell or room for them which provides for continuing staff observation.
8.11. Sleeping Quarters. When both males and females are housed in the same facility, they shall be provided separate sleeping quarters which are separated visually and accoustically.
8.12. Perimeter Security. The facility perimeter shall be secured in a way which provides that inmates remain within the perimeter and that access by the general public is denied without proper authorization.
8.13. Storage Security. Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment and the equipment shall be located in an area which is readily accessible to authorized persons only.
8.14. Sally Ports. There shall be sally ports between inmate areas and areas providing access to the public.
8.15. Multipurpose Room. There shall be at least one multipurpose room available for inmate activities.
8.16. Storage of Personal Property. Space shall be provided for the secure storage of inmates' personal property.
8.17. Handicapped Inmates. Handicapped inmates shall be housed in a manner which provides for their safety and security, and have access to any activity areas.
8.18. Handicapped Visitors. All parts of the facility which are accessible to the public shall be accessible to and usable by handicapped persons.
8.19. Exercise Space. An exercise space shall be available to allow large muscle exercise.
W. Va. Code R. § 95-3-9 Safety and Emergency Procedures
9.1. Policies and Procedures. Written policies and procedures shall be adopted specifying the facility's fire prevention regulations and practices. For purposes of clarification and identification these procedures and standards of fire prevention are divided into two classifications:
9.1.a. General requirements applicable to all occupancies covered by the State Fire Code; and
9.1.b. Specific detention and correctional occupancies.
9.2. General Requirements. The following includes the general requirements applicable to all occupancies covered by the State Fire Code.
9.2.1. Construction, Repair and Improvement Operations. Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, ladders or other approved means or devices arranged in accordance with the general principles of the State Fire Code insofar as they can reasonably be applied to buildings under construction. Please refer to Standard on Building Construction and Demolition Operations, NFPA 241. Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building of normally low or ordinary hazard classification while the building is occupied only if the conditions of use and safeguards provided are such a not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.
9.2.2. Reliability of Means of Egress. Every required exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.
9.2.3. Furnishings and Decorations. Furnishings and decorations in the means of egress shall be subject to the following:
9.2.3.a. No furnishings, decorations, or other objects shall be so placed as to obstruct exits, access thereto, egress therefrom, or visibility thereof;
9.2.3.b. Hangings or draperies shall not be placed over exit doors or otherwise located as to conceal or obscure any exit. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit; and
9.2.3.c. There shall be no obstruction by railing, barriers, or gates that divide the open space into sections appurtenant to individual rooms, apartments, or other uses. Where the authority having jurisdiction finds the required path of travel to be obstructed by furniture or other movable objects, he may require that railings or other permanent barriers be installed to protect the path of travel against encroachment.
9.2.4. Equipment Maintenance and Testing. Equipment maintenance and testing shall include the following:
9.2.4.a. Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door, and other item of equipment required by these standards shall be continuously maintained in proper operating condition;
9.2.4.b. Any equipment requiring test or periodic operation to assure its maintenance shall be tested or operated as specified elsewhere in these standards or as directed by the authority having jurisdiction;
9.2.4.c. Systems shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and has general charge of all alterations and additions;
9.2.4.d. Systems shall be tested at intervals recommended by the appropriate standards listed in the National Fire Protection Association (NFPA) Fire Code;
9.2.4.e. Automatic Sprinkler Systems. All automatic sprinkler systems required by these standards shall be continuously maintained in operating condition at all times, and such periodic inspections and tests shall be made as are necessary to assure proper maintenance; and
9.2.4.f. Alarm and Fire Detection Systems. Fire alarm signaling equipment shall be restored to service as promptly as possible after each test or alarm and shall be kept in normal condition for operation.
9.2.5. Furnishings, Decorations and Treated Finishes. Furnishings, decorations and treated finishes shall be subject to the following:
9.2.5.a. Draperies, curtains and other similar furnishings and decorations shall be flame resistant where required by the applicable provisions of the State Fire Code. The materials required herein are to be tested in accordance with Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA 701 shall comply with both the small and large-scale tests;
9.2.5.b. Furnishings or decorations of an explosive or highly flammable character shall not be used; and
9.2.5.c. Fire retardant paints or solutions shall be renewed at such intervals as necessary to maintain the necessary flame retardant properties.
9.2.6. Fire Exit Drills. Fire drills shall be subject to the following:
9.2.6.a. Fire exit drills conforming to the provisions of the State Fire Code shall be regularly conducted in occupancies where specified by the provisions of the Code;
9.2.6.b. Fire exit drills, where required by the authority having jurisdiction, shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine;
9.2.6.c. Responsibility for the planning and conduct of drills shall be assigned only to competent persons qualified to exercise leadership;
9.2.6.d. In the conduct of drills emphasis shall be placed upon orderly evacuation under proper discipline rather than upon speed;
9.2.6.e. Drills shall include suitable procedures to make sure all persons in the building, or all persons subject to the drill, actually participate; and
9.2.6.f. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions prevalent in case of fire.
9.3. Detention and Correctional Occupancies. The following includes requirements specifically directed to detention and correctional occupancies.
9.3.1. Attendant, Evacuation Plan, Fire Exit Drills. Attendant, evacuation plan, and fire exit drills shall include the following:
9.3.1.a. Detention and Correctional facilities, or those portions of facilities having such occupancy, must be provided with 24-hour staffing on any floor level having residency and located within 100 feet (30.48m) of the accessway to any housing area. Under Use Conditions III, IV and V, as defined in the NFPA Life Safety Code for classification of correctional occupancies, audio monitoring shall be provided for every sleeping space;
9.3.1.b. The administration of every detention and correctional facility shall have in effect and provided to all supervisory personnel, written copies of a plan for the protection of all persons in the area in event of fire and for their evacuation to areas of refuge and from the building where necessary. All employees shall be periodically instructed and kept informed respecting their duties under the plan;
9.3.1.c. Books, clothing and other combustible personal property allowed in sleeping rooms shall be stored in closeable metal lockers or fire resistant containers; and
9.3.1.d. The amount of heat producing appliances (such as toasters, hot plates, etc.) and the overall use of electrical power within a sleeping room shall be controlled by facility administration.
9.3.2. Furnishings and Decorations. Furnishings and decorations shall be subjected to the following:
9.3.2.a. Furnishings and decorations in detention and correctional occupancies shall be in accordance with the provisions the NFPA Life Safety Code operating features;
9.3.2.b. Combustible decorations are prohibited in any detention or correctional occupancy unless flame retardant;
9.3.2.c. Wastebaskets and other waste containers shall be of noncombustible or other approved materials;
9.3.2.d. Furnishings, such as mattresses and upholstered or cushioned furniture shall not be of a highly flammable character; and
9.3.2.e. Window draperies, curtains for decoration or acoustical purposes and privacy curtains shall be noncombustible or rendered and maintained flame resistant as per Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA 701.
9.3.3. Keys. All keys necessary for unlocking doors installed in means of egress shall be individually identified by both touch and sight.
9.3.4. Storage of Flammable, Toxic and Caustic Material. Written policy and procedure shall govern the storage and use of all flammable, toxic, and caustic material ensuring that inmates are never in possession of items such as lye, insecticide, anti-freeze and denatured alcohol, unless they are under constant supervision by qualified personnel. Such material shall be stored in secure areas that are inaccessible to inmates; a prescribed system shall be used to account for their distribution.
9.3.5. Fire and Safety Officer. An administrative staff member shall be appointed as Fire and Safety Officer. This officer shall be responsible for monthly inspection of the facility and development of Standing and Emergency Operating Procedures relating to fire and safety and for staff and safety training.
9.3.6. Inspection. Each facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
W. Va. Code R. § 95-3-10 Sanitation and Hygiene
10.1. Responsibility. Facility authorities shall maintain the facility in a condition that is clean, healthful and sanitary and which conforms to all applicable health laws and regulations.
10.2. Maintenance. Facility authorities shall develop and implement a plan for the maintenance at an acceptable level of cleanliness and sanitation throughout the jail. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections which shall include, but not be limited to, the following:
10.2.a. The daily cleaning of toilets, sinks and showers;
10.2.b. The daily cleaning of floors;
10.2.c. The emptying and cleaning of receptacles provided for cigarettes and other refuse each day and provision for adequate trash removal;
10.2.d. The scrubbing and rinsing of living unit, washing of windows, cleaning of janitors closets, and dusting of bars, screens and ledges on a regular basis;
10.2.e. The contracting of extermination services to be performed with sufficient frequency and thoroughness to keep the jail free from insects and vermin. Services shall include, at a minimum, monthly inspections by a qualified person; and
10.2.f. The cleaning and sanitary maintenance of all kitchen areas and all equipment.
10.3. Inspections. There shall be weekly sanitation inspections of all institution areas by a designated administrative staff member; at least annual inspections by federal, state and/or local sanitation and health officials, or other qualified person(s); and, compliance with all applicable laws and regulations of the governing jurisdiction.
10.4. Water Supply. The water supply and plumbing fixtures shall meet all applicable codes and be maintained in operable and sanitary condition. Water samples from both drinking and waste water shall be tested periodically to ensure that the facility's water meets all applicable laws. The facility shall provide hot and cold running water.
10.5. Cleaning Equipment. Inmates shall have available sufficient cleaning equipment to maintain their cells in a clean condition.
10.6. Floors. Facility floors shall be kept clean, dry, and free of hazardous substances. Floors shall be inspected regularly throughout the day for cleanliness. Particular attention should be given to potentially hazardous areas, such as showers, kitchens, detoxification rooms, boiler and furnace rooms.
10.7. Personal Hygiene Items. The facility shall provide each inmate as part of the admission process and thereafter an adequate supply of soap, toothpaste, toilet paper, toothbrush, comb, and feminine hygiene supplies. Timely access to shaving equipment shall also be provided.
10.8. Facility Clothing. Clean, suitable, and presentable clothing shall be available to inmates on an as needed basis.
10.9. Bedding. Each inmate shall be provided with one clean, fire retardant mattress, two clean sheets, a clean pillow and clean pillow case. Worn bedding and linen which are unfit for further use shall not be issued. Clean blankets shall be provided in a number appropriate to the season.
10.10. Towels. Each inmate shall be provided a clean towel and washcloth.
10.11. Laundry of Bedding. Laundry services shall be sufficient to permit the regular exchange of sheets and pillow-cases. Mattresses shall be cleaned and sanitized monthly, or replaced upon reasonable request of the inmate.
10.12. Recording. The issue of all clothing and bedding shall be recorded to provide accountability for their use. Inmate accountability for clothing and bedding shall be specified in inmate rules and regulations.
10.13. Court Appearance. Inmates shall be permitted to wear personal clothing for court appearance.
10.14. Removal of Linen and Bedding. Linen and bedding shall be removed from an inmate's bed only under the extreme circumstances such as to protect the inmate from self-injury. An action to remove linen or bedding shall be reviewed daily by the supervisor and the deprivation ended as soon as practical. A record shall be kept of all such actions taken.
10.15. Showers. There shall be sufficient facilities in the housing areas to permit inmates to shower or bathe upon admission to the facility and daily thereafter.
10.16. Water Temperatures. Water temperatures for showers or bathing shall be thermostatically controlled to ensure the safety of inmates.
10.17. Access to Water. Inmates shall have continuous access to a washstand with running hot and cold water.
W. Va. Code R. § 95-3-11 Security and Control
11.1. Manual. Written policy and procedure for security and control, including procedures for emergencies, shall be contained in a manual which is available to all staff and is reviewed annually and updated as needed.
11.2. Control Center. The facility shall maintain a control center.
11.3. Communication System. The facility shall have a communication system between the control center and the inmate living areas.
11.4. Alarm System. The facility shall have an emergency alarm system that is linked to the control center; signal devices shall be located throughout the facility.
11.5. Secure Perimeter. All security perimeter entrances, control center doors and cell blocks doors opening into a corridor shall be kept locked, except when used for admission or exit for employees, inmates or visitors, and in emergencies.
11.6. Electronic Surveillance. When audio or visual electronic surveillance is used, it shall be located primarily in hallways, elevators, corridors or at point on the security perimeter, such as entrances and exits.
11.7. Inmate Movement. Staff shall regulate inmate movement.
11.8. Staffing. The facility shall have the staff needed to provide full covereage of designated security posts, full surveillance of inmates, and to perform all ancillary functions.
11.9. Emergency Response. Correctional officers shall be located in or immediately adjacent to inmate living areas to permit officers to hear and respond promptly to emergency situations.
11.10. Observation. Written policy and procedure require that all high and medium security inmates shall be personally observed by a correctional officer at least every 30 minutes, but on an irregular schedule. A schedule of at least 15 minute observation shall be required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior.
11.11. Daily Record. The facility administration shall maintain a written daily record of the following:
11.11.a. Personnel on duty;
11.11.b. Inmate population count;
11.11.c. Admissions and release of inmates;
11.11.d. Shift activities;
11.11.e. Entry and exit of physicians, attorneys and other visitors; and
11.11.f. Unusual occurrences.
11.12. Daily Inspections. Designated staff shall visit and inspect every area of the facility daily, including holidays and weekends and report their findings in writing to designated officials with recommendations for action or notations of action taken.
11.13. Searches. Written policy and procedure shall provide for searches of facilities and inmates to control contraband and provide for its disposition and recommendations for corrective action. Procedure shall provide for the following:
11.13.a. Manual or instrument inspection of inmate body cavities is conducted only when there is reason to do so and when authorized by the facility administrator or his designee;
11.13.b. Visual inspections are conducted only when there is a reasonable belief that the inmate is carrying contraband or other prohibited material;
11.13.c. Strip searches are done without specific authorization only upon entry to the facility and at all other times are based on articulable suspicion; and
11.13.d. All such inspections are conducted in privacy and manual or instrumental inspection of body cavities is done by medically trained personnel or correctional personnel trained by health care personnel.
11.14. Preservation of Evidence. Procedure shall govern searches and the preservation of evidence when a new crime is suspected. Searches shall be authorized only by the administrator or designee.
11.15. Search Policy Published. The policy regarding searches for the control of contraband shall be published, made available to the staff and inmates, reviewed at least annually and updated if necessary.
11.16. Control of Security Equipment. Written policy and procedure govern the availability, control and use of firearms, ammunition, chemical agents, "stun guns", and related security devices, and require that sufficient security equipment shall be available to meet the facility needs.
11.17. Storage of Security Equipment. Procedures shall provide that ammunition, chemical agents and related security equipment are stored in a secure but readily accessible depository located outside inmate housing and activity areas, and are inventoried at least monthly to determine their condition and expiration dates.
11.18. Use of Firearms. Written policy and procedure shall govern the use of firearms and include the following requirements:
11.18.a. Weapons are subjected to stringent safety regulations and inspections;
11.18.b. Secure weapons locker is located outside the security perimeter of the facility;
11.18.c. Except in emergency situations, firearms and weapons, such as nightsticks are permitted only in designated areas to which inmates have no access;
11.18.d. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee believes that a person's life is immediately threatened; and
11.18.e. Employees on duty only use firearms or other security equipment which have been issued through the facility and only when directed by or authorized by the facility administrator.
11.19. Written Record. Personnel shall maintain a written record of routine and emergency distribution of security equipment.
11.20. Written Reports. Personnel discharging firearms, using chemical agents or any other weapons, or using force to control inmates shall submit written reports to the facility administrator or designee no later than the conclusion of that person's tour of duty.
11.21. Injuries. All persons injured in an incident shall receive an immediate medical examination and treatment.
11.22. Incident Reports. Written policy and procedure shall require prompt oral and written reporting of all incidents that result in physical harm to, or threaten the safety of any person in the facility, or that threaten the security of the facility.
11.23. Keys. Written policy and procedure shall govern the control and use of keys.
11.24. Tools. Written policy and procedure shall govern the control and use of tools and culinary and medical equipment.
11.25. Custodial Posts. There shall be written orders from every custodial post which are reviewed annually and updated if necessary.
11.26. Escapes. Procedure regarding escapes shall be available to all personnel, and shall be reviewed at least annually and updated if necessary.
11.27. Riots and Other Disturbances. There shall be plans that specify procedures to be followed in situations including, but not limited to riots, hunger strikes, disturbances and taking of a hostage. These plans shall be made available to applicable personnel, and reviewed and updated at least annually.
11.28. Mass Arrests. There shall be procedures to be followed in the event of a mass arrest that exceeds the maximum capacity of the detention facility.
11.29. Work Stoppage. There shall be a written plan that provides for continuing operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, who are required to familiarize themselves with it.
11.30. Physical Force. Written policy and procedure shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property and prevention of escapes, and only when it is necessary to control inmates and in accordance with appropriate statutory authority. In no event shall physical force be justifiable as punishment. A written report shall be prepared following all use of force and submitted to the facility administrator.
11.31. Mechanical Restraints. Instruments of restraint shall be used only as precaution against escape, during transfer, for medical reasons by direction of the medical officer, and as a prevention against inmate self-injury, injury to others or property damage when there is approval from the facility administrator or designee. They are applied for only the amount of time absolutely necessary.
11.32. Inmate Authority. No inmate or group of inmates shall be given control or authority over other inmates.
11.33. Shift Reports. Custodial staff members shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
11.34. Transportation of Inmates. When transportation is the responsibility of facility staff, written policy and procedure shall govern the transportation of inmates outside the facility.
11.35. Facility Vehicles. Written policy and procedure shall govern the use and security of facility vehicles.
11.36. Personal Vehicles. Written policy and procedure shall govern the use of personal vehicles for official purposes, including provision for insurance coverage.
W. Va. Code R. § 95-3-12 Food Service
12.1. Menu Inspection. A qualified nutritionist shall inspect and approve menus in advance of adoption and make recommendations regarding diets to assure adherence to nationally recommended basic daily caloric and nutritional requirements.
12.2. Review. All menus, including special diets, shall be planned, dated, and available for review at least one month in advance; notations shall be made of any substitutions in the meals actually served. Substitutions shall be of equal nutritional value.
12.3. Temperature. Meals must be served at the appropriate temperature. There shall be at least two hot meals a day.
12.4. Varied and Nutritional. Meals must be varied and nutritional.
12.5. Special Diets. Special diets for medical and religious reasons shall be provided.
12.6. Management. If food service is provided, a staff member experienced in food service shall be designated to be responsible for food service operations.
12.7. Health Protection. Adequate health protection shall be provided for all inmates and staff in the facility, and inmates and other persons working in food service. Food handlers, facility, and equipment shall meet all applicable health and safety standards.
12.8. Records. Records of daily menus shall be maintained. Records of inmates' refusal to eat shall be noted in their medical files.
12.9. Restriction. Restriction of food shall not be used as discipline.
12.10. Toilet and Wash Basin. Toilet and wash basin facilities shall be available to food service personnel in the vicinity of the food preparation area.
12.11. Regimentation. Meals shall be served under conditions that minimize regimentation, although there should be supervision by staff members. When a meal must be served in a cell, a small table or shelf and some type of seat shall be provided which shall not be in close proximity to toilets.
12.12. Frequency. At least three regular meals of which two are hot meals, shall be served at regular meal times during each 24-hour period with no more than 15 hours between the beginning of the evening and breakfast meals.
12.13. Documentation. There shall be documentation that health and safety regulations are met.
12.14. Utensils. All inmates shall be provided all necessary utensils and drinking cups with each meal.
W. Va. Code R. § 95-3-13 Medical and Health Care Services
13.1. Right to Medical Care. All inmates shall have access to necessary medical, dental and psychiatric care provided by licensed personnel.
13.2. Responsibility. Medical, dental and mental health matters involving clinical judgments shall be the sole province of the physician, dentist and psychiatrist or qualified psychologist respectively; however, security regulations applicable to facility personnel also apply to health personnel. The official responsible for the facility provides the administrative support for the accessibility of health services to inmates.
13.3. Responsible Physician. A physician shall be designated to approve health care policies, procedures and agreements which can include use of hospital emergency rooms. Each facility shall have agreements for 24 hour medical coverage. All physicians and dentists examining or treating inmates shall be licensed to practice in the State of West Virginia.
13.4. Medical Autonomy and Facility Administration. Medical decisions shall be made only by the physician or designee(s). It shall be made clear to the health authorities and physicians that security regulations which apply to the non-medical staff also apply to them. They will be provided with a list of these regulations and an orientation to the facility system.
13.5. Decision-making: Special Problem Patients. Before inmates with diagnosed psychiatric or significant medical illnesses are given housing assignments, work assignments or transfers, consultation between the facility administrator and physician or their designees shall take place to decide on any special precautions or preparations. Special diets must be provided when ordered by health personnel and approved by the physician.
13.6. Notification of Next of Kin. Any inmate having any serious illness or injury or who dies while incarcerated shall have his next of kin or legal guardian notified by the facility administrator or the physician.
13.7. Post-mortem Examination. In the event of an inmate death, the state medical examiner shall be notified immediately. If the cause of death is unknown, or the death occurred under suspicious circumstances, or the inmate was unattended from the standpoint of not being under current medical care, a post-mortem examination shall be performed.
13.8. Minimum Staff Training Requirements. Health trained staff is defined as personnel who have certified first-aid and CPR training and also have received information regarding the symptoms of physical and mental illnesses common the the inmate population (including depression and chemical dependence), basic management of seizures, medication administration, health record maintenance, recognition of potential suicides, and procedures for patient transfers to appropriate medical facilities or health care providers. Each shift shall include at least one member who has become health-trained as described above.
13.9. Suicide Prevention. There shall be a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional. All staff with responsibility for inmate supervision shall be trained in the implementation of the program. Staff shall make every reasonable effort to prevent suicides through intake screening, identification and supervision of suicide-prone inmates.
13.10. Prohibitions. Inmates shall not be used for the following duties:
13.10.a. Performing direct patient care services;
13.10.b. Scheduling health care appointments;
13.10.c. Determining access of other inmates to health care services;
13.10.d. Handling or having access to surgical instruments, syringes, needles, medications, health records; and
13.10.e. Operating equipment.
They shall be able to perform maintenance and janitorial services under supervision of qualified staff.
13.11. Receiving Medical Screening. A receiving medical screening appraisal to elicit information pertinent to the inmate's health shall be performed on every inmate at the time of admission. The screening shall be recorded on a form which has been approved by the physician. When the inmate has been transferred from another facility and is accompanied by a previously completed screening form, the form shall be reviewed and verified. Receiving screening shall be conducted by a health-trained staff member. Inmates who are in need of immediate medical attention at the time of admission shall be referred immediately for emergency care. The screening process shall include at least an inquiry, observations and disposition.
13.11.1. Inquiry. The screening process shall include, but is not limited to, an inquiry into:
13.11.1.a. Current illness and health problems, including dental problems;
13.11.1.b. Venereal diseases and other infectious disease;
13.11.1.c. Medication taken and special health requirements;
13.11.1.d. Use of alcohol and other drugs which includes types of drugs used, mode of use, amounts used, frequency used, date or time of last use and history of problems which may have occurred after ceasing use (e.g. convulsions);
13.11.1.e. Past and present treatment of hospitalization for mental disturbance or suicide; and
13.11.1.f. Other health problems designated by the responsible physician.
13.11.2. Observations. The screening process shall include, but not be limited to, observations including:
13.11.2.a. Behavior, which includes state of consciousness, mental status, appearance, conduct, tremor and sweating;
13.11.2.b. Body deformities, trauma markings, bruises, lesions, jaundice, ease of movement, etc.; and
13.11.2.c. Indications of recent or chronic substance abuse, i.e., needle marks.
13.11.3. Disposition. The screening process shall include the following disposition to:
13.11.3.a. General population;
13.11.3.b. General population and referral to appropriate health care services;
13.11.3.c. Referral to appropriate health care services on an emergency basis; or,
13.11.3.d. Medical isolation for special observation.
13.12. Care for Persons Under the Influence of Drugs. The physician shall approve policies and procedures for the identification of alcohol and drug dependence as well as subsequent management and/or transfer for the care of persons under a drug influence. Unless the facility has special facilities and constant medical supervision to perform detoxification, the process shall not be performed on site; the inmate shall be transferred to a hospital or community detoxification center designated by the physician. Procedures for adequate care of persons under the influence of drugs include policies and training of staff relating to medical screening, observation, referral evaluation, and safety protections.
13.13. Mentally Ill. Post admission screening and referral for care of mentally ill or retarded inmates whose adaptation to the correctional environment is significantly impaired shall be provided. Psychiatric problems identified either at receiving screening or after admission shall be followed up by medical staff. The urgency of the problems determines the responses. Suicidal and psychotic patients may be emergencies and require prompt attention. Inmates awaiting emergency evaluation shall be housed in a specially designated area with constant supervision by trained staff. Inmates shall be held for only the minimum time necessary, before emergency care is rendered. All sources of assistance for mentally ill and retarded inmates shall be identified in advance of need, and referrals should be made on all such cases. No person shall be housed solely on account of involuntary commitment proceedings pursuant to Chapter 27, Article 5 of West Virginia Code.
13.14. Psychiatric Illness. There shall be consultation between the facility administrator and the physician or their designees prior to the following actions being taken regarding patients who are diagnosed as having a psychiatric illness:
13.14.a. Housing assignments;
13.14.b. Program assignments; and,
13.14.c. Transfers in and out of the institution.
13.15. Access to Treatment. It shall be required that each inmate, at time of admission be provided information concerning the right to medical treatment. The information sheet shall be approved by the physician, and shall include procedures for registering complaints and the facility's sick call schedule.
13.16. Sick Call. Sick call is the system through which each inmate reports for and receives appropriate medical services for non-emergency illness or injury. Inmates will have daily access to sick call forms which will be reviewed that day by the health authority or other person designated by the physician. All complaint forms shall become part of the inmate's health record. Sick call shall be performed by a licensed physician, physician's assistant, registered nurse, or other person designated by the physician. If an inmate's custody status precludes attendance at sick call, arrangements shall be made to provide sick call services in the place of the inmate's detention.
13.17. Emergency Services. There shall be twenty-four hour emergency medical care available. By definition, a medical emergency is an acute illness or unexpected health need that must be attended to immediately and cannot be delayed until the next scheduled sick call. The responsible physician shall approve a plan providing for the use of emergency transportation, use of a local hospital emergency department or appropriate health facility with emergency on-call physician services, procedures for the transfer of inmates to other medical facilities and security procedures.
13.18. Use of Restraints or Isolation For Out of Control Inmates. The physician shall approve a plan guiding the use of restraints, or isolation and providing for mental health personnel to evaluate inmates who are repeatedly out of control or remain out of control for more than a short period of time. Use of physical restraints in controlling inmates inside the facility may be used only for the protection of the individual or others. The use of restraints shall be recorded in the inmate's file. Any time an inmate remains out of control for more than a short period of time mental health personnel shall be consulted.
13.19. Disease Prevention. Holding facilities shall establish an area for use by inmates having medical problems which require separation or close observation.
13.20. Management of Pharmaceuticals. Procedures for prescribing, dispensing and administering drugs shall be in compliance with applicable state and federal laws and regulations. The physician shall approve written procedures for distribution, administration, accounting and disposal of medications. The physician shall approve a written medication log and maintain one for each inmate receiving medication to include the date, time, name of drug and dosage. Any inmate refusing medication must sign a statement to that effect, which is also signed by a staff member and filed in the health record. Medications will be administered only by a physician or nurse, or, after written approval by the physician, by the health authority or health-trained staff members; exception to this requirement may be made in that insulin injections may be self-administered by the inmate with supervision by the health authority or health-trained staff member. The physician shall inform facility personnel of possible side effects of medication on inmates. When medications are taken orally, the person administering the drug shall observe the inmate swallow the drug and have him/her speak after swallowing to ensure the ingestion of the medication. The facility shall provide a locked storage area for medications and maintain a list of medications stocked by the facility. Medications shall be refrigerated, if necessary.
13.21. Administration of Medication. Persons administering medications shall do so under the authority of the physician and shall have received training appropriate to their assignment. They are accountable for the administration of medication according to orders, and recording of the administration of medications in a manner and on a form approved by the physician. Training, from the physician, encompasses the medical aspects of the administration or distribution of medication; training, from the facility administrator, encompasses security matters inherent in the administration or distribution of medications in a correctional facility. The concept of administration or distribution of medication according to orders includes performance in a timely manner.
13.22. Health Records. A separate health file shall be established on every inmate at the time of his/her receiving screening. The health record shall be sufficiently detailed to enable any practitioner to give continuing care and enable them to determine what the inmate's condition was at a specific time and what procedures were done and to enable consultants to give an opinion after examination of the inmate. Entries must be written in ink and be legible, signed and dated. Records shall be maintained for a minimum of seven years after the inmate's last incarceration. The file shall contain the following:
13.22.a. The completed receiving screening form;
13.22.b. All findings, diagnoses, orders and treatments;
13.22.c. Medication log sheet;
13.22.d. Results of any laboratory, x-ray and diagnostic studies;
13.22.e. Completed medical complaint forms;
13.22.f. Place, date and time of health encounters;
13.22.g. Dental, psychiatric or other consultation reports;
13.22.h. Consent and refusal forms; and
13.22.i. Release of information forms.
13.23. Transfer of Records. In the case of off-site examination, treatment, transfer to another facility, or hospital admission, the inmate's health record or a copy of summary shall accompany them. Documentation of any off-site examination or treatment shall be made in the health record by the physician or other health professional involved. Health records shall be returned to the facility with the inmate, or, in the event of transfer or hospital admission, as soon as possible thereafter. Written authorization by the inmate is required for transfer of health record information, except in an emergency situation where the inmate is unable to authorize.
13.24. Confidentiality. The inmate's medical information, records and confidences entrusted to a physician or other medical care professional in the course of screening, examination or treatment are confidential and shall not be disclosed to anyone except:
13.24.a. With the inmate's informed consent; or
13.24.b. Where the law requires disclosure, e.g., reporting of communicable diseases; or
13.24.c. When the security of the institution or the safety of the individual requires disclosure and then only to the extent necessary for the protection of the inmate and the security of the facility; or
13.24.d. The chief administrative officer can review medical records but must maintain their confidentiality except as provided above.
13.25. First Aid Kits. Each facility shall have one or more first aid kits. The physician shall designate the number, location and contents of first aid kits. The health authority must periodically inspect all equipment and first aid kits.
13.26. Informed Consent. Informed consent of inmates is necessary for all medical examinations, treatment and procedures except for those which are required by law, e.g., treatment of infectious diseases where public health law requires such treatment. Exceptions to obtaining informed consent are allowable if they are in accordance with state law (such as emergency situations or public health matters).
13.27. Notification of Serious Illness or Injury. A process shall be developed whereby individuals so designated by the inmate are notified in case of serious illness or injury of the inmate. Permission for notification shall be obtained from the inmate prior to need, if possible. There may be situations in which the inmate does not want their next of kin notified of their illness or injury; therefore, their consent shall be obtained whenever possible. The next of kin, or other individuals identified by the inmate to be notified in emergencies shall be included in the facility admission form.
W. Va. Code R. § 95-3-14 Inmates Rights
14.1. Access to Courts. Inmates shall have unlimited access to courts and be allowed to address uncensored communication to governmental authorities. Inmates seeking judicial or administrative redress shall not be subjected to reprisals or penalties as a consequence.
14.2. Attorneys. Sentenced and unsentenced inmates shall have access to attorneys or their representatives, para-legals, and experts. Attorney/client interview rooms with privacy shall be provided. Provision shall be made for contacts during normal facility hours, for uncensored correspondence and telephone communication.
14.3. Access to Paper and Supplies. Inmates shall have access to paper and other supplies related to legal matters. Inmates shall be provided reasonable access to the services of a notary public for legal documents and other general purposes. There shall be no restricting or interfering with jailhouse lawyers or with inmates attempting to assist other inmates in legal matters, or in preparing written communications. Facility staff shall ensure that such interaction of inmates can occur to the maximum extent possible, subject only to legitimate safety and security concerns.
14.4. Voting. Facility officials shall offer inmates on pretrial status and those convicted of a misdemeanor the opportunity to exercise their right to vote. Inmates shall be advised of their right to vote.
14.5. Religious Observance. Inmates shall have reasonable opportunities to practice their religions, be permitted visits by spiritual advisors at reasonable times, subject to security concerns. Provisions shall be made for access to clergy or spiritual advisors, publications and religious symbols, and for opportunities to adhere to dietary and other requirements of various faiths.
14.6. Discrimination. Each inmate shall be free from discrimination based on race, religion, national origin, sex, handicap, or political beliefs. There shall be no discrimination in regard to the rights and privileges, restrictive housing, or any other amenities afforded to inmates.
14.7. Protection. Inmates shall be protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. In instances where physical force is required, only the least restrictive means necessary to secure order or control shall be used. Administrative segregation shall be used to protect inmates from themselves or other inmates.
14.8. Appearance. Inmate appearance shall not be limited unless it presents clear health, safety or security hazards.
14.9. Grievance Procedure. The facility shall have a written grievance procedure explained and available to all inmates and staff. It shall give inmates an opportunity to seek redress for violations of facility rules and regulations or other interference with the inmate's rights or privileges. The procedures shall include a provision for an investigation of the grievance and for a written response within a reasonable time and proper action taken to insure fair resolution of complaints. The response shall state reasons for the response to the grievance. Unless grievances are clearly found to be in bad faith, the complainant shall have a personal opportunity to be heard before a decision on the complaint is made. If denied, an appeal shall be available.
W. Va. Code R. § 95-3-15 Inmate Rules and Discipline
15.1. Rules of Conduct. There shall be written rules of inmate conduct which specify acts prohibited within the facility. These rules shall be provided to all inmates, and procedures shall exist for ensuring that all inmates understand the rules, and disciplinary procedures in accordance with West Virginia jail standards.
15.2. Training. All personnel who deal with inmates shall receive sufficient training so that they are thoroughly familiar with the rules of inmate conduct and the rationale for the rules.
15.3. Review. A review of all Administrative segregation cases by the facility administrator or his designee shall be provided.
15.4. Appeal. Inmates shall have the right to appeal Administrative segregation decisions to the administrator or designee. The administrator or designee shall either affirm, modify or reverse the decision.
W. Va. Code R. § 95-3-16 Communication, Mail and Visitation
16.1. Inmate Correspondence. Written policy and procedure shall govern inmate correspondence; they shall be available to all staff and inmates, reviewed annually and updated as needed.
16.2. Limitations. There shall be no limitation on the volume of lawful mail, including letters, packages and publications, which an inmate may send or receive, or on the length, language, content or source of the mail, except where there is clear convincing evidence to justify the limitations for reason of public safety or facility order and security. Outgoing mail shall be at the inmate's expense except as provided in 16.3.
16.3. Indigent Inmates. Indigent inmates shall be provided sufficient stationary and postage for all letters to attorneys, courts, and public officials, as well as, two personal letters, without cost.
16.4. Mail Processing. Incoming and outgoing mail shall not be held for more than 24 hours, excluding weekends and holidays.
16.5. Inspection. Inmate letters, both incoming and outgoing may be opened and inspected for contraband, but shall not be censored. The letters shall not be read or rejected except where there is reliable information that there is a threat to order and security or that they are being used in the furtherance of illegal activity. Inmates shall be notified when incoming or outgoing letters are rejected.
16.6. Cash. Procedures shall provide for the inspection of inmate letters to intercept cash, checks, money orders and contraband. A receipt shall be given the addressee.
16.7. Sealed Letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, including, but not limited to: courts, counsel, officials, administrators of grievance systems, and members of the parole authority. Mail to inmates from this specified class of persons and organizations shall be opened only to inspect for contraband and only in the presence of the inmate.
16.8. Telephone Access. Residents shall be afforded the right to reasonable telephone access. Unless phone access is provided by pay phones in the cell blocks, local phone calls shall be free. Telephone calls shall not be monitored unless so authorized by a prior court order. Facility personnel shall take written messages of incoming calls to inmates, and such messages shall be delivered no later than the end of the shift during which they were received. Inmates shall be permitted to return calls within a reasonable time.
16.9. Number and Hours of Visitors. Visitation shall be at least four times weekly including weekends, holidays and evening hours as well as daytime hours. Said scheduled hours shall be of at least three hours in duration. Visits shall not be limited to less than one half hour. Visitors whose schedule cannot accommodate the jail's visiting hours may upon request be granted special hours.
16.10. Visitor Registration. Visitor registration upon entry into the facility shall be required. All circumstances under which visitors may be searched shall be in written policy.
16.11. Posting. A schedule of visitation and visitation policy shall be posted.
16.12. Limitations. Any visitor shall be allowed except those excluded by court order. Inmates shall receive visits from immediate family regardless of age.
16.13. Searches. Inmates may be searched prior and subsequent to visitation. Visitors may be subject to nonintrusive personal searches.
16.14. Privacy. There shall be no monitoring of conversations between inmates and visitors.
16.15. Counsel. The number of visits with counsel shall not be restricted during reasonable hours.
16.16. Contact Visitation. Contact visits, in an appropriate physical setting, shall be available to inmates unless otherwise requested by a party, or unless the inmate's behavior is so extreme as to risk causing serious harm to a person. Denial of contact visitation shall be recorded and explained in the inmate's file.
16.17. Publications Restriction. Written policy and procedure define the type of publications allowed in the facility and the inspection procedure. Restriction of access to publications shall be directly related to the maintenance of the order and security of the facility.
W. Va. Code R. § 95-3-17 Special Management Inmates
17.1. Operation of Segregation Units. Written policy and procedure shall provide for the operation of segregation units for the supervision of inmates under administrative segregation or protective custody.
17.2. Immediate Segregation. Only the facility administrator or designee can order immediate segregation and only when it is necessary to protect the inmate or others.
17.3. Release from Segregation. An inmate shall be released from segregation by action of the Administrator or appropriate supervisory authority.
17.4. Protective Custody. An inmate is admitted to the segregation unit for purposes of protective custody only when there is documentation that protective custody is warranted and no reasonable alternative are available. When an inmate consents to protective custody, it shall be fully documented with a consent form signed by the inmate.
17.5. Appeal of Protective Custody. When inmates are placed in protective custody an appeal process shall be provided to the administrator or appropriate supervisory authority.
17.6. Isolation. The physician shall approve a plan guiding the use of restraints or isolation. For an inmate to be kept in isolation for more than 24 hours, a physician or mental health professional shall determine upon evaluation that the inmate is a threat to self or other. Transfers to a hospital or state institution may be appropriate. isolation shall be reviewed as soon as possible by the facility supervisor but in no event later than six hours after its initiation. Inmates placed in isolation as a result of being out of control shall be released immediately upon gaining self-control. An appeal process to the administrator or appropriate supervisory authority shall be provided.
17.7. Isolation Observation. A monitoring procedure shall be used to observe inmates in isolation. Such procedures shall include regular observations and at least an hourly recording. Recording shall include information on name, date and hour admitted, type of infraction or reason for isolation, release time and any physical or mental problems or needs. All visits by health personnel shall also be recorded.
17.8. Permanent Log In Segregation Units. Staff members in the segregation units shall maintain a permanent log. Admissions of all inmates to these units shall be recorded with information on name, number, housing location, date admitted, reason for admission, tentative release date, and special medical or psychiatric problems or needs. The log should be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.
17.9. Potential Suicide Watch. Inmates who are classified as potential suicide risks shall be continually monitored including verbal exchanges. Recording of this monitoring shall be made and placed in the inmate's health record. High risk persons shall be placed on continuous suicide watch.
17.10. Deprivation of Authorized Item or Activity. Whenever an inmate in segregation is deprived of any usually authorized item or activity, a written report of the action shall be made and forwarded to the facility administrator. The report shall identify the inmate, the item or activity he/she has been deprived of, the reasons for the action. The report shall be forwarded to the chief security officer as soon as possible. If circumstances warrant the removal of all inmate's personal items, approval for this section shall be obtained in advance from the facility administrator or designee. No item or activity shall be withheld longer than is necessary to ensure the inmate's safety and the well-being of the staff and other inmates. In no case, shall an inmate be deprived of an item or activity for the purpose of punishment.
17.11. Meals. Inmates in segregation shall receive the same meals as those served to the general population. Deprivation of food shall never be used as punishment.
17.12. Shower. Inmates in segregation shall have the opportunity to shave and shower daily. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, unless procedures present an undue security hazard.
17.13. Clothing, Bedding and Linen. The issue and exchange of clothing, bedding and linen shall be provided for inmates in segregation on the same basis as inmates in the general population; exceptions are permitted only where found necessary by the senior officer on duty, and recorded in the unit log and justified in writing. Inmates in segregation shall be afforded the same hygienic living conditions as the general inmate population.
17.14. Mail. Inmates in segregation shall be provided the same opportunities for the writing and receipt of letters as those available to the general inmate population. Letters shall be delivered promptly. If any item, consistent with the policy and procedure is rejected, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.
17.15. Visitation. Inmates in segregation shall be provided opportunities for visitation, unless there are substantial reasons for withholding such privileges. Every effort shall be made to notify approved visitors of any restrictions on visiting. This procedure will avoid disappointment and unnecessary inconvenience for the visitors.
17.16. Telephone. Inmates in administrative segregation and protective custody shall be allowed telephone privileges.
17.17. Reading Materials. Inmates in segregation shall have access to reading materials.
17.18. Exercise. Inmates in segregation shall be allowed the same opportunity for recreation as those in general population absent specific temporary security restrictions designated in writing by the administrator in advance.
17.19. Programs and Services. Inmates in segregation shall be allowed to participate in facility programs to the same extent as the general inmate population, providing their participation is consistent with the safety and security of the facility and the community. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.
17.20. Visits from Staff. Inmates in segregation shall receive daily visits from the chief security officer or shift supervisor.
W. Va. Code R. § 95-3-18 Admission, Orientation, Property Control and Release
18.1. New Inmates. Written policy and procedures shall govern the admission and orientation of new inmates. They shall be reviewed annually and updated if necessary. The jail shall not accept persons who are being committed solely because of the initiation of procedures for involuntary commitment pursuant to West Virginia Code, 27-5-1 et seq.
18.2. Mentally Disabled Inmates. Care shall be provided for inmates who are believed to be mentally ill, retarded or addicted and in need of treatment, training or other services. The administrator shall be made aware of the illness and shall arrange for a mental health referral.
18.3. Minimum Requirements. Written policy for admitting new inmates to a holding facility shall address at a minimum the following subjects:
18.3.a. Verification of court commitment papers or other legal documentation of detention;
18.3.b. Complete search of the individual and their possessions;
18.3.c. Disposition of clothing and personal possessions;
18.3.d. Medical screening including tests for infectious diseases;
18.3.e. Telephone calls by inmates;
18.3.f. Shower and hair care, if necessary;
18.3.g. Issue of clean clothing;
18.3.h. Photographing and/or fingerprinting;
18.3.i. Interview for obtaining identifying data;
18.3.j. Screening interview by counselor or other trained interviewer;
18.3.k. Orientation;
18.3.l. Issue of personal hygiene items;
18.3.m. Classification for assignment to a housing unit; and
18.3.n. Assignment to a housing unit.
18.4. Alcoholics. No person charged solely with the offense of public intoxication shall be housed in a holding facility. Such persons shall be treated in accordance with the procedures outlined in State ex rel. Harper v. Zeeger, No. 14950 (filed May 18, 1982) and in its Addendum (filed July 15, 1982).
18.5. Intoxicated or Drugged Inmates. There shall be written policy and procedure for the safe handling of intoxicated or drugged inmates committed to the holding facility, when such person are charged with offenses other than or in addition to public intoxication, including:
18.5.a. All reasonable and necessary medical and health care services shall be provided forthwith in the manner set forth by the Harper, supra, decision, and in its Addendum;
18.5.b. Such person shall be segregated from the general inmate population until such time as they can be safely returned without endangering themselves or others;
18.5.c. Whenever one or more such persons are temporarily segregated from the general population, the facility shall provide continuous supervision by posting an officer or other properly trained person to remain in close proximity to the areas wherein such inmates are housed.
18.6. Orientation. All newly admitted inmates shall receive orientation information in the language in which the inmate understands or comprehends. Completion of orientation shall be documented by a statement that is signed and dated by the inmate.
18.7. Telephone. Newly admitted inmates shall be permitted to complete at least three local or collect long distance telephone calls during the admission process.
18.8. Personal Property. The personal property inmates can retain in their possession shall be specified.
18.9. Inventory and Receipt. A written, itemized inventory of all personal property of newly admitted inmates and secure storage of inmate property, including money and other valuables shall be provided. The inmate shall be given a receipt for all property held until release.
18.10. Release. Written procedures for releasing inmates include, but are not limited to the following:
18.10.a. Verification of identity;
18.10.b. Verification of release papers;
18.10.c. Completion of release arrangements, including the person or agency to whom the inmate is to be released;
18.10.d. Return of personal effects;
18.10.e. Verification that no facility property leaves the facility with the inmate; and
18.10.f. Completion of any pending action, such as grievances or claims for damaged or lost possessions.
W. Va. Code R. § 95-3-19 Classification
19.1. General. Written policy and procedure provide for inmate classification in terms of level of custody required, and housing assignments. They shall be reviewed at least annually and updated if necessary.
19.2. Criteria and Appeal. The inmate classification plan shall specify criteria and procedures for determining and changing the status of an inmate. The plan shall include an appeals process for classification decisions.
19.3. Categories. The facility shall provide for the separate management of the following categories of inmates:
19.3.a. Female and male inmates;
19.3.b. Pretrial and convicted inmates;
19.3.c. Felons and misdemeanors;
19.3.d. Other classes of detainees (witnesses, civil prisoners, etc.);
19.3.e. Inmates with special problems (alcoholics, narcotics addicts, mentally disturbed persons, physically handicapped persons, persons with communicable diseases, etc.);
19.3.f. Inmates requiring administrative segregation;
19.3.g. Violent and nonviolent inmates; and
19.3.h. Juveniles.
19.4. Juveniles. Juveniles, who are subjected to trial as adults, shall be separated by sight and sound from adult inmates, although they may be in the same facility structure. Juveniles who are not subjected to trial as adults are not housed in the facility. The procedures as outlined in West Virginia Code, 49-5-16 and 499-5-16a shall be followed.
19.5. Discrimination. Segregation of inmates by race, color, creed or national origin shall be prohibited.
W. Va. Code R. § 95-3-20 Inmate Work Programs
20.1. Required Work. Pretrial and unsentenced detainees shall not be required to work except to do personal housekeeping. Any inmate may volunteer for work assignments or institutional programs.
20.2. Discrimination. Discrimination in inmate work assignments based on sex, race, religion and national origin shall be prohibited.
12-HOUR HOLDING FACILITIES
W. Va. Code R. § 95-3-21 Administration, Organization, and Management
21.1. Philosophy, Goals and Policies. A written statement shall be prepared by the authority having jurisdiction that described the philosophy, goals and policies of the facilities under its control, and which is reviewed annually and updated as necessary. This statement shall be made available to staff, inmates and the general public.
21.2. Facility Administrator. The facility shall be managed by a single administrator to whom all employees or units of management are responsible.
21.3. Operations Manual. There shall be a written operations manual that delineates the procedures for operating and maintaining the facility. The manual shall be made available to employees, reviewed annually and updated as needed.
21.4. Legal Assistance. Legal assistance shall be made available to the administrator and other staff as needed in the performance of their duties.
W. Va. Code R. § 95-3-22 Fiscal Management
22.1. Accounting Procedures. The methods used for collection, safeguarding and disbursement of monies shall comply with accounting procedures established by the appropriate jurisdiction.
22.2. Minimum Policies. The facility shall have written policies and procedures that include, at a minimum:
22.2.a. Internal controls;
22.2.b. Petty cash procedures;
22.2.c. Bonding for all appropriate staff;
22.2.d. Signature control on checks;
22.2.e. Handling of inmate funds;
22.2.f. Employee expense reimbursement; and
22.2.g. Issuance or use of vouchers.
22.3. Inventory. There shall be inventory control of property, stores and other assets. Such inventories shall be conducted at time periods stipulated by applicable statutes, however, they should not be less frequent than every two years.
W. Va. Code R. § 95-3-23 Training and Staff Development
23.1. Training Curriculum. A written training curriculum shall be developed, evaluated, and updated based on an annual needs assessment that identifies current job-related training needs.
23.2. Trainer Certification. Any individual providing pre-service, in-service or basic training or correctional staff shall be certified as a correctional trainer.
23.3. Weaponry and Chemical Agents. All personnel authorized to use firearms or chemical agents shall be trained in weaponry and the use of chemical agents on a continuing, in-service basis, and shall be required to qualify annually.
23.4. Security Personnel. All security personnel shall be trained in self-defense and the use of force including passive restraint to control inmates.
W. Va. Code R. § 95-3-24 Inmates Records
24.1. Booking. When appropriate, booking information shall be recorded for every person initially taken into custody and admitted to the facility and includes at least the following data, unless prohibited by law:
24.1.a. Fingerprints;
24.1.b. Booking number;
24.1.c. Name and aliases of person;
24.1.d. Current address (or last known address);
24.1.e. Date, duration of confinement, and copy of court order or other legal basis for commitment;
24.1.f. Name, title and signature of delivering officer and arresting officer, if possible;
24.1.g. Specific charge(s)(s);
24.1.h. Sex;
24.1.i. Age;
24.1.j. Date of Birth;
24.1.k. Place of Birth;
24.1.l. Race;
24.1.m. Present or last place of employment;
24.1.n. Health status, including any current medical mental health needs;
24.1.o. Emergency contact (name, relationship, address and phone number);
24.1.p. Telephone calls made by the inmate at time of admission;
24.1.q. Driver's license and social security numbers;
24.1.r. Notation of case and all property; and
24.1.s. Additional information concerning special custody requirements, service needs, or other identifying information such as birthmarks or tattoos.
24.2. Custody Records. The facility shall maintain custody records on all inmates committed or assigned to the facility, that contain but are not limited to the following:
24.2.a. Intake/booking information;
24.2.b. Court generated background information;
24.2.c. Cash and property receipts;
24.2.d. Reports of incidents or crime(s) committed while in custody.
24.3. Identification System. The facility shall maintain a system which identifies all inmates in custody and their actual physical location.
24.4. Access to Records. Those persons within the facility and other authorized persons who have direct access to inmate classification or case records shall be defined.
24.5. Release of Information. The administration shall use a consent form which complies with applicable federal and state regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information, as required by statute or regulation, and a copy of the form shall be maintained in the inmate's record.
W. Va. Code R. § 95-3-25 Physical Plant
25.1. General. All new facilities housing four or more occupants shall be designed, constructed, maintained and operated in accordance with the standards and requirements set out and established by the State Fire Code, and the State Building Code.
25.2. Standards and Regulations. All existing facilities housing four or more occupants shall comply with the Standards and regulations set forth for existing facilities in the State Fire Code.
25.3. State Fire Marshal Review. Plans and specifications for all new facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
25.4. State Fire Marshal Certificate. No facility may be occupied until a certificate of occupancy is issued by the State Fire Marshal's Office.
25.5. Inspection. Each facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
25.6. Inmate Booking and Release Area. If an inmate booking and release area is provided, it shall be located inside the security perimeter, but outside any inmate living quarters, and have the following facilities:
25.6.a. Booking area;
25.6.b. Access to drinking water;
25.6.c. Shower facilities;
25.6.d. Secure storage for inmate's personal property;
25.6.e. Telephone facilities;
25.6.f. Private interview space(s);
25.6.g. Temporary holding rooms with sufficient fixed seating for all inmates at its rated capacity; and
25.6.h. Operate toilets and wash basins.
25.7. Single Occupancy. Only one inmate shall occupy a holding cell or detention room designed for single occupancy.
25.8. Environment. All inmates kept in a holding room or cell shall have access to the following facilities and/or conditions:
25.8.a. Toilet above floor level;
25.8.b. Wash basin and drinking water;
25.8.c. Hot and cold running water;
25.8.d. A chair or stool;
25.8.e. Adequate lighting;
25.8.f. Adequate air circulation of outside or recirculated air;
25.8.g. Temperatures that are appropriate to the summer and winter comfort zones; and
25.8.h. Noise levels do not exceed 70 decibels.
25.9. Multiple Occupancy. Where used, multiple occupancy rooms shall provide for:
25.9.a. Continuing observation by staff;
25.9.b. Toilet and shower facilities at a minimum of one operable toilet and shower for every eight occupants;
25.9.c. One operable wash basin with hot and cold running water for every six occupants;
25.9.d. One chair or stool per inmate;
25.9.e. Adequate lighting;
25.9.f. Adequate air circulation;
25.9.g. Temperatures that are appropriate to the summer and winter comfort zones; and
25.9.h. Noise levels that do not exceed 70 decibels.
25.10. Communication. Any room used for segregation shall permit inmates assigned to it to communicate with staff and have a door which permits observation by staff.
25.11. Continuing Staff Observation. When seriously ill, mentally disordered, injured or non-ambulatory inmates are held in the facility, they shall be placed in a single occupancy room which provides for continuing staff observation.
25.12. Holding Quarters. When both males and females are held in the same facility, they shall be provided separate quarters.
25.13. Perimeter Security. The facility perimeter shall be secured in a way which provides that inmates remain within the perimeter and that access by the general public is denied without proper authorization.
25.14. Storage Security. Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment and the equipment shall be located in an area which is readily accessible to authorized persons only.
25.15. Storage of Personal Property. Space shall be provided for the secure storage of inmates' personal property.
25.16. Handicapped Inmates. Handicapped inmates shall be housed in a manner which provides for their safety and security, and have access to any activity areas.
25.17. Handicapped Visitors. All parts of the facility which are accessible to the public shall be accessible to and usable by handicapped persons.
W. Va. Code R. § 95-3-26 Sanitation and Hygiene
26.1. Responsibility. Facility authorities shall maintain the facility in a condition that is clean, healthful and sanitary and which conforms to all applicable health laws and regulations.
26.2. Maintenance. Facility authorities shall develop and implement a plan for the maintenance at an acceptable level of cleanliness and sanitation throughout the holding facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections which shall include, but not be limited to, the following:
26.2.a. The daily cleaning of toilets, sinks and showers;
26.2.b. The daily cleaning of floors;
26.2.c. The emptying and cleaning of receptacles provided for cigarettes and other refuse each day and provision for adequate trash removal;
26.2.d. The scrubbing and rinsing of living unites, washing of windows, cleaning of janitors closets, and dusting of bars, screens and ledges on a regular basis;
26.2.e. The contracting of extermination services to be performed with sufficient frequency and thoroughness to keep the holding facility free from insects and vermin. Services shall include, at a minimum, monthly inspections by a qualified person; and
26.2.f. If present, the cleaning and sanitary maintenance of all kitchen areas and all equipment.
26.3. Inspections. There shall be weekly sanitation inspections of all institution areas by a designated administrative staff member; at least annual inspections by federal, state and/or local sanitation and health officials, or other qualified person(s); and, compliance with all applicable laws and regulations of the governing jurisdiction.
26.4. Water Supply. The water supply and plumbing fixtures shall meet all applicable codes and be maintained in operable and sanitary condition. Water samples from both drinking and waste water shall be tested periodically to ensure that the facility's water meets all applicable laws. The facility shall provide hot and cold running water.
26.5. Floors. Facility floors shall be kept clean, dry and free of hazardous substances. Floors shall be inspected regularly throughout the day for cleanliness. Particular attention should be given to potentially hazardous area such as showers, kitchens, detoxification rooms, boiler and furnace rooms.
26.6. Personal Hygiene Items. The facility shall provide each inmate, as needed, an adequate supply of soap, toothpaste, shaving items, toilet paper, toothbrush, comb, and feminine hygiene supplies.
26.7. Facility Clothing. Clean suitable, and presentable clothing shall be available to inmates on an as needed basis.
26.8. Bedding. Each inmate spending the night (between midnight and 6:00 a.m.) in the facility shall be provided with one clean, fire retardant mattress, two clean sheets, a clean pillow and clean pillowcase. Worn bedding and linen which are unfit for further use may not be issued. Clean blankets shall be provided in a number appropriate to the season.
26.9. Towels. Each inmate shall be provided clean towels and washcloths, as needed.
26.10. Recording. The issue of all clothing and bedding shall be recorded to provide accountability for their use. Inmate accountability for clothing and bedding shall be specified in inmate rules and regulations.
26.11. Court Appearance. Inmates are permitted to wear personal clothing for court appearances.
26.12. Removal of Linen and Bedding. Linens and bedding if issued shall be removed from an inmate's bed only under extreme circumstances, such as to protect the inmate from self-injury. An action to remove linen or bedding shall be reviewed by the supervisor and the deprivation ended as soon as practical. A record shall be kept of all such actions taken.
26.13. Showers. There shall be sufficient shower facilities in the facility to permit inmates to shower or bathe upon admission to the facility, if needed.
26.14. Water Temperatures. Water temperatures for showers or bathing shall be thermostatically controlled to ensure the safety of inmates.
26.15. Access to Water. Inmates shall have reasonable access to a washstand with running hot and cold water.
'95-33-27. Security and Control.
27.1. Manual. Written policy and procedure for security and control, including procedures for emergencies, shall be contained in a manual which is available to all staff and is reviewed annually and updated as needed.
27.2. Control Center. The facility shall maintain a control center.
27.3. Communication System. The facility shall have a communication system between the control center and the inmate holding areas.
27.4. Alarm System. The facility shall have an emergency alarm system that is linked to the control center; signal devices shall be located throughout the facility.
27.5. Secure Perimeter. All security perimeter entrances, control center doors and cell blocks doors opening into a corridor shall be kept locked, except when used for admission or exit for employees, inmates or visitors, and in emergencies.
27.6. Electronic Surveillance. When audio or visual electronic surveillance is used, it shall be located primarily in hallways, elevators, corridors or at point on the security perimeter, such as entrances and exits.
27.7. Inmate Movement. Staff shall regulate inmate movement.
27.8. Staffing. The facility shall have the staff needed to provide full coverage of designated security posts, full surveillance of inmates, and to perform all ancillary functions.
27.9. Emergency Response. Staff shall be located in or immediately adjacent to inmate living areas to permit staff to hear and respond promptly to emergency situations.
27.10. Observation. There shall be written policy and procedures that require that all high and medium security inmates be personally observed by correctional staff at least every 30 minutes, but on an irregular schedule. A schedule of at least 15 minute observation shall be required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior.
27.11. Daily Record. The facility administration shall maintain a written daily record of the following;
27.11.a. Personnel on duty;
27.11.b. Inmate population count;
27.11.c. Admissions and release of inmates;
27.11.d. Shift activities;
27.11.e. Entry and exit of physicians, attorneys and other visitors; and
27.11.f. Unusual occurrences.
27.12. Daily Inspection. Designated staff shall visit and inspect every area of the facility daily, including holidays and weekends and report their findings in writing to designated officials with recommendations for action or notations of action taken.
27.13. Searches. Written policy and procedure shall provide for searches of facilities and inmates to control contraband and provide for its disposition and recommendations for corrective action. The procedure shall provide for the following:
27.13.a. Manual or instrument inspection of inmate body cavities may be conducted only when there is reason to do so and when authorized by the facility administrator or his/her designee;
27.13.b. Visual inspections may be conducted only when there is a reasonable belief that the inmate is carrying contraband or other prohibited material;
27.13.c. Strip searches may be done without specific authorization only upon entry to the facility and at all other times are based on articulable suspicion; and
27.13.d. All such inspections are conducted in privacy and manual or instrumental inspection of body cavities is done by medically trained personnel or correctional personnel trained by health care personnel.
27.14. Preservation of Evidence. Written procedure shall govern searches and the preservation of evidence when a new crime is suspected. Searches may be authorized by the administrator or designee.
27.15. Search Policy Published. The policy regarding searches for the control of contraband shall be published, made available to the staff and inmates, reviewed at least annually and updated if necessary.
27.16. Control of Security Equipment. There shall be written policy and procedure that governs the availability, control and use of firearms, ammunition, chemical agents "stun guns", and related security devices, and that require that sufficient security equipment is available to meet facility needs.
27.17. Storage of Security Equipment. Written procedures shall provide that ammunition, chemical agents and related security equipment are stored in a secure but readily accessible depository located outside inmate housing and activity areas, and are inventoried at least monthly to determine their condition and expiration dates.
27.18. Use of Firearms. Written policy and procedure shall govern the use of firearms and include the following requirements:
27.18.a. Weapons are subjected to stringent safety regulations and inspections.
27.18.b. Secure weapons locker is located outside the security perimeter of the facility;
27.18.c. Except in emergency situations, firearms and weapons, such as nightsticks are permitted only in designated areas to which inmates have no access;
27.18.d. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee believes that a person's life is immediately threatened; and
27.18.e. Employees on duty only use firearms or other security equipment which have been issued through the facility and only when directed by or authorized by the facility administrator.
27.19. Written Record. Personnel shall maintain a written record of routine and emergency distribution of security equipment.
27.20. Written Reports. Personnel discharging firearms, using chemical agents or any other weapons, or using force to control inmates shall submit written reports to the facility administrator or designee no later than the conclusion of that person's tour of duty.
27.21. Injuries. All persons injured in an incident shall promptly receive a medical examination and necessary treatment.
27.22. Incident Reports. Written policy and procedure shall require prompt oral and written reporting of all incidents that result in physical harm to, or threaten the security of the facility.
27.23. Keys. Written policy and procedure shall govern the control and use of keys.
27.24. Tools and Medical Equipment. Written policy and procedure shall govern the control and use of tools and culinary and medical equipment.
27.25. Custodial Posts. There shall be written orders for every custodial post which are reviewed annually and updated if necessary.
27.26. Escapes. Written procedures regarding escapes shall be available to all personnel, and shall be reviewed at least annually and updated if necessary.
27.27. Riots and Other Disturbances. There shall be written plans that specify procedures to be followed in situations including, but not limited to disturbances and taking of a hostage. These plans shall be made available to applicable personnel, and reviewed and updated at least annually.
27.28. Mass Arrests. There shall be written procedures to be followed in the event of a mass arrest that exceeds the maximum capacity of the holding facility.
27.29. Work Stoppage. There shall be a written plan that provides for continuing operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, who are required to familiarize themselves with it.
27.30. Physical Force. Written policy and procedure shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, prevention of escapes, and when necessary to control inmates, in accordance with appropriate statutory authority. In no event shall physical force be justifiable or used as punishment. A written report shall be prepared following all use of force and submitted to the facility administrator.
27.31. Mechanical Restraints. Instruments of restraint shall be used only as a precaution against escape, during transfer, for medical reasons by direction of the medical officer, and as a prevention against inmate self-injury, injury to others or property damage when there is approval from the facility administrator or designee. They are applied for only the amount of time necessary.
27.32. Inmate Authority. No inmate or group of inmates shall be given control or authority over other inmates.
27.33. Shift Reports. Custodial staff members shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
27.34. Transportation of Inmates. When transportation is the responsibility of facility staff, written policy and procedure shall govern the transportation of inmates outside the facility.
27.35. Facility Vehicles. Written policy and procedure shall govern the use and security of facility vehicles.
27.36. Personal Vehicles. Written policy and procedure shall govern the use of personal vehicles for official purposes, including provision for insurance coverage.
W. Va. Code R. § 95-3-28 Food Service
28.1. Meals. All individuals in custody shall be served meals at regular meal times during each 24-hour period with no more than 15 hours between the beginning of the evening and breakfast meals.
28.2. Special Diets. Special diets for medical reasons shall be provided. Special diets for religious reasons shall be provided, when possible.
28.3. Management. If food service is provided, a staff member experienced in food service shall be designated to be responsible for food service operations.
28.4. Health Protection. Adequate health protection shall be provided for all inmate and staff in the facility, and inmates and other persons working in food service. Food handlers, facility, and equipment shall meet all applicable health and safety standards.
28.5. Records. Records of meals shall be maintained. Records of inmates refusal to eat shall be noted in their medical files.
28.6. Restriction. Restriction of food may not be used as discipline.
28.7. Toilet and Wash Basin. Toilet and wash basin facilities shall be available to food service personnel in the vicinity of the food preparation area.
28.8. Regimentation. Meals shall be served under conditions that minimize regimentation, although there should be supervision by staff members. When a meal must be served in a cell, a small stable or shelf and some type of seat shall be provided which shall not be in close proximity to toilets.
28.9. Documentation. There shall be documentation that health and safety regulations are met.
28.10. Utensils. All inmates shall be provided all necessary utensils and drinking cups with each meal.
W. Va. Code R. § 95-3-29 Medical and Health Care Services
29.1. Emergency Services. There shall be 24 hour emergency medical care available. The responsible physician shall approve a plan providing for the use of emergency transportation, use of a local hospital emergency department of appropriate health facility with emergency on-call physician services, procedures for the transfer of inmates to other medical facilities and security procedures.
29.2. Responsible Physician. A physician shall be designated to approve health care policies, procedures and agreements which can include use of hospital emergency rooms. Each facility shall have agreements for 24 hour emergency medical coverage. All physician and dentists examining or treating inmates shall be licensed to practice in the State of West Virginia.
29.3. Medical Autonomy and Facility Administration. Medical decisions shall be made only by the physician or designee(s). It shall be made clear to the health authorities and physicians that security regulations which apply to the non-medical staff also apply to them. They will be provided with a list of these regulations and an orientation to the facility system.
29.4. Notification of Next of Kin. Any inmate having any serious illness to injury or who dies while incarcerated shall have his/her next of kin or legal guardian notified by the facility administrator or the physician.
29.5. Postmortem Examination. In the event of an inmate death, the state medical examiner shall be notified immediately. If the cause of death is unknown, or the death occurred under suspicious circumstances or the inmate was unattended from the standpoint of not being under current medical care, a postmortem examination shall be performed.
29.6. Minimum Staff Training Requirements. Health trained staff is defined as personnel who have certified first aid and CPR training and also have received information regarding the population (including depression and chemical dependence), basic management of seizures, medical administration, health record maintenance, recognition of potential suicides, and procedures for patient transfer to appropriate medical facilities or health care providers. Each shift shall include at least one member who has become health-trained as described above.
29.7. Prohibition. Inmates may not be used in the performance of any medical or health care services.
29.8. Receiving Medical Screening. Every person taken into custody and admitted to the facility other than from another correctional facility shall be medically screened by health-trained staff (see Section 11.6). This receiving medical screening must include inquiry and observations sufficient to identify inmates in need of immediate medical attention (within the 12 hour holding period) or those requiring medical isolation or special observation. Particular attention must be directed toward the identification and appropriate disposition or persons under the influence of alcohol or other drugs and those who may be suicidal. Inmates requiring medical or psychiatric attention shall be referred for emergency or urgent care. Those requiring medical isolation or special observation shall be isolated and/or observed.
29.9. Access to Treatment. All inmates initially admitted to the holding facility shall be informed of their right to emergency medical care. Inmates transferred from another correctional facility shall be provided as scheduled any necessary medications or care ordered by health care providers at the facility from which they originated.
29.10. Administration of Medication. Persons administering medications shall do so under the authority of a physician and shall have received training appropriate for their assignment.
29.11. Health Records. A health record shall be established on every inmate at the time of his/her receiving screening or at the time or transfer for off-site care. Documentation of any off-site examination or treatment shall be made in the health record. Copies of health records shall accompany inmates transferred from the holding facility to another correctional facility.
29.12. Confidentiality. The inmate's medical information, records and confidences entrusted to a physician or other medical care professional in the course of screening, examination or treatment are confidential and shall not be disclosed to anyone except:
29.12.a. With the inmate's informed consent; or
29.12.b. Where the law requires disclosure, e.g., reporting of communicable diseases; or
29.12.c. When the security of the institution or the safety of the individual requires disclosure and then only to the extent necessary for the protection of the inmate and the security of the facility; or
29.12.d. The chief administrative officer can review medical records but must maintain their confidentiality except as provided above.
29.13. First Aid Kits. Each facility shall have an appropriate number of first aid kits. The physician shall designate the number, location and contents of first aid kits. The staff must periodically inspect all equipment and first aid kits.
W. Va. Code R. § 95-3-30 Inmates Rights
30.1. Attorneys. Sentenced and unsentenced inmates shall have reasonable access to attorneys or their representatives, paralegals, and experts. Attorney/client interview rooms with privacy shall be provided.
30.2. Discrimination. Each inmate shall be free from discrimination based on race, religion, national origin, sex, handicap, or political beliefs. There shall be not discrimination in regard to the rights and privileges, restrictive housing, or any other amenities afforded to inmates.
30.3. Protection. Inmates shall be protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. In instances where physical force is required, only the least restrictive means necessary to secure order or control may be used. Administrative segregation shall be used to protect inmates from themselves or other inmates.
30.4. Appearance. Inmate appearance may not be limited unless it presents clear health, safety or security hazards.
30.5. Grievance Procedure. The facility shall have a written grievance procedure explained and available to all inmates. It shall give inmates an opportunity to seek redress for violations of facility rules and regulations or other interference with the inmate's rights or privileges. The procedure shall include a provision for an investigation of the grievance and for a written response within a reasonable time and proper action taken to insure fair resolution of complaints. The response shall state reasons for the response to the grievance. Unless grievances are clearly found to be in bad faith, the complainant shall have a personal opportunity to be heard before a decision on the complaint is made. If denied, an appeal shall be available.
W. Va. Code R. § 95-3-31 Inmates Rules and Discipline
31.1. Rules of Conduct. There shall be written rules of inmate conduct which specify acts prohibited within the facility. These rules shall be provided to all inmates, and procedures shall exist for ensuring that all inmates understand the rules, and disciplinary procedures in accordance with West Virginia jail standards.
31.2. Training. All personnel who deal with inmates shall receive sufficient training so that they are thoroughly familiar with the rules of inmate conduct and the rationale for the rules.
W. Va. Code R. § 95-3-32 Communication, Mail and Visitation
32.1. Inmate Correspondence. Written policy and procedure shall govern inmate correspondence; they shall be available to all staff and inmates, reviewed annually and updated as needed.
32.2. Inspection. Inmate letters, both incoming and outgoing may be opened and inspected for contraband, but may not be censored. The letters may not be read or rejected except where there is reliable information that there is a threat to order and security or that they are being used in the furtherance of illegal activity. Inmates shall be notified when incoming or outgoing letters are rejected.
32.3. Cash. Procedure shall provide for the inspection of inmate letters to intercept cash, checks, money orders and contraband. A receipt shall be given the addressee.
32.4. Sealed Letters. Inmates shall be permitted to send sealed letters to a specified class or persons and organizations, including, but not limited to: courts, counsel, officials of the confining authority, government officials, administrators of grievance systems, news media and members of the parole authority. Mail to inmates from this specified class of persons and organizations may be opened only to inspect for contraband and only in the presence of the inmate.
32.5. Telephone Access. Residents shall be afforded the right to reasonable telephone access.
32.6. Visitor Registration. Visitor registration upon entry into the facility shall be required. All circumstances under which visitors may be searched shall be in written policy.
32.7. Posting. A schedule of visitation and visitation policy shall be posted.
32.8. Searches. Inmates may be searched prior and subsequent to visitation. Visitors may be subject to nonintrusive personal searches.
32.9. Privacy. There shall be no monitoring of conversation between inmates and visitors.
W. Va. Code R. § 95-3-33 Special Management Inmates
33.1. Operation of Segregation Units. Written policy and procedure shall provide for the operation of segregation cells for the supervision of inmates under segregation or protective custody.
W. Va. Code R. § 95-3-34 Admission, Orientation, Property Control and Release
34.1. New Inmates. Written policy and procedures shall govern the admission and orientation of new inmates. They shall be reviewed annually and updated if necessary. The holding facility shall not accept persons who are being committed solely because of the initiation of procedures for involuntary commitment pursuant to West Virginia Code, 27-5-1 et seq.
34.2. Mentally Disabled Inmates. Care shall be provided for inmates who are believed to be mentally ill, retarded or addicted and in need of treatment or other services. The administrator shall be made aware of the illness and shall arrange for a mental health referral.
34.3. Minimum Requirements. Written policy for admitting new inmates to a holding facility shall address at a minimum the following subjects:
34.3.a. Verification of court commitment papers or other legal documentation of detention:
34.3.b. Complete search of the individual and their possessions;
34.3.c. Disposition of clothing and personal possessions;
34.3.d. Preliminary medical screening;
34.3.e. Telephone calls by inmates;
34.3.f. Shower and hair care, if necessary;
34.3.g. Issue of clean clothing, if necessary;
34.3.h. Photographing and/or fingerprinting;
34.3.i. Interview for obtaining identifying data;
34.3.j. Screening interview;
34.3.k. Orientation;
34.3.l. Issue of personal hygiene items, if necessary;
34.3.m. Classification for assignment of a housing unit; and
34.3.n. Assignment to a holding cell.
34.4. Alcoholics. No persons charged solely with the offense of public intoxication shall be housed in a holding facility. Such persons shall be treated in accordance with the procedures outlined in State ex rel. Harper v. Zeeger, No. 14950 (filed May 18, 1982) and in its addendum (filed July 15, 1982).
34.5. Intoxicated or Drugged Inmates. There shall be written policy and procedure for the safe handling of intoxicated or drugged inmates committed to the holding facility, when such persons are charged with offenses other than or in addition to public intoxication, including:
34.5.a. All reasonable and necessary medical and health care services shall be provided forthwith in the manner set forth by the Harper, supra, decision and in its addendum;
34.5.b. Such persons shall be segregated from the general inmate population until such time as they can be safely returned without endangering themselves or others;
34.5.c. Whenever one or more such persons are temporarily segregated from the general population, the facility shall provide continuous supervision by posting an officer or other properly trained person to remain in close proximity to the area wherein such inmates are housed.
34.6. Orientation. All newly admitted inmates shall receive orientation information. Reasonable attempts shall be made to see that such orientation is in the language the inmate understands or comprehends. Completion of orientation shall be documented by a statement that is signed and dated by the inmate.
34.7. Telephone. All inmates newly admitted into custody shall be permitted to complete at least three local or collect long distance telephone calls during the admission process.
34.8. Personal Property. The personal property inmates can retain in their possession shall be specified.
34.9. Inventory and Receipt. A written, itemized inventory of all personal property of newly admitted inmates and secure storage of inmate property, including money and other valuables shall be provided. The inmate shall be given a receipt for all property held until release.
34.10. Release. Written procedures for releasing inmates include, but are not limited to the following:
34.10.a. Verification of identity;
34.10.b. Verification of release papers;
34.10.c. Completion of release arrangements, including the person or agency to whom the inmate is to be released;
34.10.d. Return of personal effects;
34.10.e. Verification that no facility property leaves the facility with the inmate; and
34.10.f. Completion of any pending action, such as grievances or claims for damaged or lost possessions.
W. Va. Code R. § 95-3-35 Classification
35.1. General. Written policy and procedure shall provide for inmate classification in terms of level of custody required, and housing assignments. They shall be reviewed at least annually and updated if necessary.
35.2. Criteria and Appeal. The inmate classification plan shall specify criteria and procedures for determining and changing the status of an inmate.
35.3. Categories. The facility shall, at a minimum, provide for the separate management of the following categories of inmates;
35.3.a. Female and male inmates;
35.3.b. Inmates with special problems (alcoholics, narcotics addicts, mentally disturbed persons, physically handicapped persons, persons with communicable diseases, etc.); and
35.3.c. Juveniles.
35.4. Juveniles. Juveniles, who are subjected to trial as adults; shall be separated by sight and sound from adult inmates, although they may be in the same facility structure. Juveniles who are not subjected to trial as adults are not housed in the facility. The procedures as outlined in West Virginia Code, 49-5-16 and 49-5-16a shall be followed.
35.5. Discrimination. Segregation of inmates by race, color, creed or national origin shall be prohibited.
W. Va. Code R. § 95-3-36 Glossary
36.1. Audit. An examination of facility records or accounts to check their accuracy, which is conducted by a person(s) not directly involved in the creation and maintenance of the records of accounts. An independent audit results in an opinion which either affirms or disaffirms the accuracy of records or accounts. An operational or internal audit usually results in a report to management which is not shared with persons outside the agency.
36.2. Administrative Segregation. A form of separation from the general population administered by the classification committee or other authorized group, when the continued presence of the inmate in the general population would pose a serious threat to life, property, self, staff or other inmates, or the security or orderly running of the institution. Inmates pending investigation for trial on a criminal act or pending transfer can also be included. (See Protective Custody and Segregation.)
36.3. Booking. Both a law enforcement process and a detention facility procedure. As a police administrative action, it is an official recording of an arrest and the identification of the person, place, time, arresting authority, and reason for the arrest. In the detention facility, it is a procedure for the admission of a person charged with or convicted of an offense, which includes searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual's personal property.
36.4. Chemical Agent. An active substance, such as tear gas, used to deter activities which might cause personal injury or property damage.
36.5. Cell Block. A group or cluster of single and/or multiple occupancy cells or detention rooms immediately adjacent and directly accessible to a day or activity room. In some facilities the cell block consists of a row of cells fronted by a day room of corridor-like proportion.
36.6. Chief of Police. A local law enforcement official who is the appointed or elected chief executive of a police department and is responsible for the operation of the city jail or lockup.
36.7. Classification. A process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.
36.8. Community Resources. Public and private organizations or agencies, or any individual from the community which offers services, facilities and other functions which can meet the needs of the facility.
36.9. Contact Visitation. Visitation between an inmate and a visitor in which limited physical contact is permissable and occurs in a setting without physical barriers between the inmate and the visitor.
36.10. Contraband. Any item possessed by inmates or found within the confinement facility which is declared illegal by law or not specifically approved for inmate possession by those legally charged with the responsibility for administration and operation of the facility.
36.11. Contractor. A person or organization which agrees to furnish materials or perform services for the facility/jurisdiction at a specified price. Contractors operating in detention facilities are subject to all applicable rules and regulations for the facility.
36.12. Correctional Officer. A trained employee of the authority having jurisdiction, usually uniformed, who is responsible for the custody, control, safety and well-begin of confined persons.
36.13. Detainee. Any person confined in a local detention facility not serving a sentence for a criminal offense.
36.14. Detention Facility. A confinement institution to which adults may be sentenced for up to one year or confined pending adjudication. (See Jail.)
36.15. Emergency. Any significant disruption of normal facility procedure, policy or activity caused by riot, strike, escape, fire, natural disaster or other serious incident.
36.16. Facility Administrator. Any official, regardless of local title (e.g., sheriff, chief of police, jail administrator, warden, superintendent) who has the ultimate responsibility for managing and operating the local detention facility.
36.17. Footcandle. A unit for measuring the intensity of illumination, the amount of light thrown on a surface one foot away from the light source.
36.18. Grievance. A written complaint filed by an inmate with the facility administrator concerning personal health and welfare or the operations and services of the facility.
36.19. Health Authority. A physician or qualified health administrator who is responsible for the provision of health care services at an institution or system of institutions.
36.20. Health Care. The sum of all action taken, preventive and therapeutic, to provide for the physical and mental well-being of a population. Health care includes medical and dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions.
36.21. Health Care Personnel. Individuals whose primary duties are to provide health services to inmates in keeping with their respective levels of health care training or experience.
36.22. Health-Trained Personnel (Medically Trained Personnel). Correctional officers or other correctional personnel such as social workers, who may be trained and appropriately supervised to carry out certain specific duties with regard to the administration of health care.
36.23. Holding Facility or Lockup. A temporary confinement facility, for which the custodial authority is less than 72 hours, where arrested persons are held pending release, adjudication, or transfer to another facility.
36.24. Holding Room. Distinct from a holding facility, this is a room(s), perhaps in the court house, used for attorney/client consultation, family visitation, or in conjunction with a court proceeding, it is secure, appropriately lighted and ventilated, usually contains a small table and seating for four.
36.25. Holidays. All days legally designated as non-workdays by statue or by the chief governing authority of a jurisdiction.
36.26. Information System. Includes the concepts, personnel and supporting technology for the collection, organization and delivery of information for administrative use. There are two types of information:
36.26.1. Standard information, consisting of the data required for operational control, such as daily count, positive and negative release rates, absconding or runaway rates, referral sources, and payroll data in a personnel office.
36.26.2. Demand information, which can be generated when a report is required, such as the number of inmates in educational and training programs, and duration of confinement.
36.27. Inmate. Any person, whether pretrial, unsentenced, or sentenced, who is confined in a detention or holding facility.
36.28. Inmate Records. Information concerning the individual's personal, criminal and medical history, behavior and activities while in custody, including but not limited to: commitment papers, court orders, detainers, personal property receipts, visitors list, photographs, fingerprints, type of custody, disciplinary infractions and actions taken, grievance reports, work assignments, program participation, miscellaneous correspondence, etc.
36.29. Jail. A confinement facility, usually operated by a local law enforcement agency, which holds persons detained pending adjudication and/or persons committed after adjudication for sentences of one year or less. Jails, while intended for the confinement of adults, sometimes holding juveniles as well. (See Detention Facility.)
36.30. Life Safety Code. A manual published by the National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest; two chapters are devoted to corrections facilities.
36.31. Medical Records. Separate records of medical examinations and diagnoses maintained by the responsible physician. The following information from these records should be transferred to the inmate records; date and time of all medical examinations and copies of standing or direct medical orders from the physician to facility staff.
36.32. Medical Restraints. Either chemical restraints, such as sedatives, or physical restraints, such as straight jackets, applied only for medical of psychiatric purposes.
36.33. Medical Screening. A system of structured observation/initial health assessment to identify newly arrived inmates who pose a health or safety threat to themselves or others.
36.34. Non-Contact Visitation. Visitation between an inmate and visitor which occurs in an area with physical barriers which preclude physical contact between the inmate and visitor.
36.35. Offender. A person confined in a local detention facility serving a sentence for a criminal offense.
36.36. Parent Agency. The administrative department of division to whom the facility administrator reports; it is the policy-setting body. For a county facility, this is the sheriff's department or the County Commission. For a city facility, it is usually the police department.
36.37. Policy. A definite, stated course or method of action which guides and determines present and future decision and actions.
36.38. Pretrial Release. A procedure whereby an accused person who has been taken into custody is allowed to be unconfined before and during his/her trial.
36.39. Program. The plan or system through which a detention/correctional agency works to meet its goals; often this program requires a distinct physical setting, such as a detention facility.
36.40. Protective Custody. A form of separation from the general population for inmates requesting or requiring protection from other inmates for reasons of health or safety. The inmate's status is reviewed periodically by the classification committee or other designated groups. (See Administrative Segregation and Disciplinary Detention.)
36.41. Qualified Health Personnel. Physicians, dentists, and other professional and technical workers who by state law engage in activities that support, complement or supplement the functions of physicians and/or dentists and who are licensed, registered, or certified, as appropriate to their qualifications, to practice.
36.42. Release on Bail. The release by a judicial officer of an accused person who has been taken into custody, upon the accused's promise to pay a certain amount of money or property if he/she fails to appear in court as required; the promise may or may not be secured by the deposit of an actual sum of money or property, and may involve a bonding agency.
36.43. Release on own Recognizance (ROR). The release by a judicial officer of an accused person who has been taken into custody, upon the accused's promise to appear in court as required for criminal proceedings.
36.44. Responsible Physician. A person licensed to practice medicine with whom the facility enters into a contractual agreement to plan for and provide health services to the inmate population of the facility.
36.45. Safety Equipment. This includes firefighting equipment, i.e., chemical extinguishers, hoses, nozzles, water supplies, alarm systems, sprinkler systems, portable breathing devices, gas masks, fans, fist aid kits, stretchers, and emergency alarms.
36.46. Sally Port. A square or rectangular enclosure situated either in the perimeter wall or fence of the facility or within the interior of the facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit ensures there will be no breach in the perimeter or interior of the facility.
36.47. Security or Custody. The degree of restriction of inmate movement within a detention/correctional facility, usually divided into maximum, medium and minimum risk levels.
36.48. Security Devices. Locks, gates, doors, bars, fences, screens, ceilings, floors, walls and barriers used to confine and control inmates. Also electronic monitoring equipment, security alarm systems, security light units, auxillary power supply, and other equipment used to maintain facility security.
36.49. Security Perimeter. The outer portion of a facility which actually provide for secure confinement of inmates. This perimeter may vary for individual inmates, depending upon their security classification.
36.50. Segregation. The confinement of an inmate to an individual cell that is separated from the general population. There are three forms of segregation: administrative segregation, disciplinary detention and protective custody.
36.51. Self-Insurer. Any parent agency or governmental jurisdiction which acts as the insurer. For public agencies, the self-insurance program is usually authorized by the legislature. A "memorandum of insurance" or similar document is required which acts as a policy, setting the limits of liability for various categories of risk, including deductible limits. Approval of the policy by a cabinet level official is also required.
36.52. Sheriff. The elected or appointed chief executive officer of a county law enforcement agency, who can serve several functions, including: responsibility for law enforcement in unincorporated areas, operation of the county jail and assignment as officers of the court.
36.53. Special Management Inmates. Persons whose behavior presents a serious threat to the safety and security of the facility, the inmate, the staff or the general inmate population. Special handling and/or housing is required to regulate their behavior.
36.54. Strip Search. An examination that can include body cavities of an inmate's naked body for weapons, contraband and physical abnormalities. This also includes a thorough search of all the inmate's clothing while not being worn by the inmate.
36.55. Temporary Release. A period of time during which an inmate is allowed to leave the program or institution and go into the community unsupervised for various purposes consistent with the public interest.
36.56. Training. An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy or training center, at an institution of higher learning, through contact service, at professional meetings, or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements.
36.57. Volunteers. Persons from the community who participate in the detention facility operations. They are selected on the basis of their skills or personal qualities to provide programs and services for the inmate population in recreation, counseling, education and religious activities. Their services are provided without cost to the facility.
36.58. Work Release. A formal arrangement, sanctioned by law, whereby an inmate is permitted to leave confinement to maintain approved and regular employment in the community, returning to custody during nonworking hours.
95CSR3
Series 03 WV Minimum Standards For Construction, Operation, And Maintenance Of Prisons
W. Va. Code R. § 95-3-1 General
1.1. Scope. -- This legislative rule establishes minimum standards and procedures for holding facilities in West Virginia.
1.2. Authority & Related Code Citation. -- W. Va. Code '31-20-9.
1.3. Filing Date. -- August 4, 1993.
1.4. Effective Date. -- November 2, 1993.
1.5. Repeal of Former Rule. -- None.
W. Va. Code R. § 95-3-2 Administration, Organization, and Management
2.1. Philosophy, Goals and Policies. A written statement shall be prepared by the authority having jurisdiction that describes the philosophy, goals and policies of the facilities under its control, and which is reviewed annually and updated as necessary. This statement is made available to staff, inmates and the general public.
2.2. Facility Administrator. The facility administrator shall be managed by a single administrator to whom all employees or units of management are responsible.
2.3. Appointment. The facility administrator shall be appointed by the chief executive officer or governing board of the authority having jurisdiction.
2.4. Qualifications. The education, operational and administrative qualifications of the facility administrator shall be stated in writing.
2.5. Operations Manual. There shall be a written operations manual that delineates the procedures for operating and maintaining the facility. The manual shall be made available to employees, reviewed annually and updated as needed.
2.6. Legal Assistance. Legal assistance shall be available to the administrator and other staff as needed in the performance of their duties.
W. Va. Code R. § 95-3-3 Fiscal Management
3.1. Accounting Procedures. The methods used for collection, safeguarding and disbursement of monies shall comply with accounting procedures established by the appropriate jurisdiction.
3.2. Minimum Policies. The facility shall have written policies and procedures approved by the parent agency that includes, at a minimum:
3.2.a. Internal controls;
3.2.b. Petty cash procedures;
3.2.c. Bonding for all appropriate staff;
3.2.d. Signature control on checks;
3.2.e. Handling of inmate funds;
3.2.f. Employee expense reimbursement; and
3.2.g. Issuance or use of vouchers.
3.3. Audit. The facility or parent agency fiscal process shall include an annual external financial audit of the facility at time periods stipulated by applicable statutes and/or regulations.
3.4. Inventory. There shall be inventory control of property, stores and other assets. Such inventories shall be conducted at time periods stipulated by applicable statutes, however, they should not exceed every two years.
3.5. Insurance Coverage. Each facility shall have insurance coverage which includes, at a minimum: worker's compensation, civil liability, liability for official vehicles, and public employee blanket bond.
3.6. Personnel Assessment. Budget policy and procedure shall provide for an annual assessment of presently assigned positions and future personnel needs required to meet facility objectives.
W. Va. Code R. § 95-3-4 Personnel
4.1. Selection, Retention, and Promotion. The selection, retention, and promotion of all personnel shall be on the basis of merit and specified qualifications.
4.2. Criminal Record Check. In accordance with state and federal statutes, a criminal record check and complete background investigation shall be conducted on all new employees to ascertain whether there are criminal convictions or other information which has a specific relationship to job performance.
4.3. Physicial Examination. A physical examination of all employees by a physician at the time of employment shall be required. Provision shall exist for re-examination when indicated.
4.4. Probationary Employees. There shall be a procedure governing probationary employment. New or promoted employees are appointed initially for a probationary term of one year. After successful completion of the initial probationary period, employees shall be granted permanent status.
4.5. Conflict of Interest. Employees shall be prohibited from using their official position to secure privileges for themselves or others and from engaging in activities that constitute a conflict of interest.
4.6. Disciplinary Actions. Employees on permanent status shall be terminated or demoted only for just cause and after grievance and appeals procedures, if requested, have been exhausted.
4.7. Annual Evaluation. A written performance evaluation of all employees, based on defined criteria related to job performance shall be provided at least annually. The evaluation shall bear a direct relationship to the skills, knowledge areas, aptitudes and personal characteristics defined in the job description. Employees shall review and discuss the performance evaluation with the person who completes it. If employees disagree with the evaluation, they shall have the opportunity to express their opinions in writing; their statements shall be included in their personnel files.
4.8. First Aid Training. There shall be at least one employee certified in first aid and CPR available at all times on each shift.
4.9. Personnel Records. The facility administrator or parent agency shall maintain a current, accurate and confidential personnel record for each employee.
4.10. Record Confidentiality. Written policy and procedure shall provide for the confidentiality of the personnel record and restrict its availability to the employee who is the subject of the record, to administrators and supervisors directly responsible for the employee, and to other personnel who need the information for the performance of their duties.
4.11. Record Correction. Provision shall be available for employees to challenge all information in their personnel file and establish a process for correction or removal of inaccuracies.
W. Va. Code R. § 95-3-5 Training and Staff Development
5.1. Training Curriculum. A training curriculum shall be developed, evaluated, and updated based on an annual needs assessment that identifies current job-related training needs.
5.2. Trainer Certification. Any individual providing pre-service, in-service or basic training for correctional staff shall be certified as a correctional trainer.
5.3. New Clerical/Support Employees. All new clerical/support employees who have minimal inmate contact shall receive at least 40 hours of orientation and approved training during their first year of employment. Twenty-four of these hours shall be completed prior to being independently assigned to a particular job. All persons in this category shall be given at least an additional 8 hours of training each subsequent year of employment.
5.4. New Support Employees. All new support employees who have regular daily inmate contact shall receive at least 40 hours of orientation and approved training during their first year of employment. Twenty-four of these hours shall be completed prior to being independently assigned to a particular job. They shall be given at least an additional 16 hours of training each subsequent year of employment. At a minimum, this training shall cover the following areas:
5.4.a. Security procedures and regulations;
5.4.b. Rights and responsibilities of inmates;
5.4.c. All emergency procedures;
5.4.d. Interpersonal relations;
5.4.e. Communication skills; and
5.4.f. First aid.
5.5. New Correctional Officers. All new correctional officer personnel shall receive at least 120 hours of approved orientation and training during their first year of employment. Forty of these hours shall be completed prior to being independently assigned to a particular post. All persons in this category shall be given an additional 40 hours of training each year thereafter. At a minimum, this training covers the following areas:
5.5.a. Security and search procedures;
5.5.b. Use of force regulations and tactics;
5.5.c. Supervision of inmates;
5.5.d. Report writing;
5.5.e. Inmate and staff rules and regulations;
5.5.f. Rights and responsibilities of inmates;
5.5.g. All emergency procedures;
5.5.h. Interpersonal relationships;
5.5.i. Social/cultural life style of the inmate population;
5.5.j. Communication skills; and
5.5.k. First Aid.
5.6. Administrative and Managerial Staff. The facility's administrative and managerial staff shall receive at least 40 hours of orientation if they are new to the facility and at least 8 hours of management training each year thereafter. This training shall cover, at a minimum, the following:
5.6.a. General Management and related subjects;
5.6.b. Decision-making processes;
5.6.c. Labor law, employee-management relations;
5.6.d. The interaction of elements of the criminal justice system; and
5.6.e. Relationships with other service agencies.
5.7. Weaponry and Chemical Agents. All personnel authorized to use firearms or chemical agents shall be trained in weaponry and the use of chemical agents on a continuing, in-service basis, and shall be required to qualify annually.
5.8. Security Personnel. All security personnel shall be trained in self-defense and the use of force including passive restraint to control inmates.
W. Va. Code R. § 95-3-6 Management Information and Research
6.1. System of Information. The facility shall contribute to, have access to, and use an organized system of information storage and retrieval relative to both inmate and operational needs.
6.2. Security. Procedure shall govern the security of the information and data collection system, including certification, access to data, and protection of the privacy of all inmates under the jurisdiction of the agency.
6.3. Collaboration. The facility or its parent agency shall collaborate with criminal justice and service agencies in information gathering, exchanges and standardization.
6.4. Inmate Population Accounting. There shall be an inmate population accounting system which includes records on the admission, processing and release of inmates.
W. Va. Code R. § 95-3-7 Inmate Records
7.1. Booking. Inmate booking information shall be recorded for every person admitted to the facility and includes at least the following data, unless prohibited by law:
7.1.a. Fingerprints;
7.1.b. Booking number;
7.1.c. Name and aliases of person;
7.1.d. Current address (or last known address);
7.1.e. Date, duration of confinement, and copy of court order or other legal basis for commitment;
7.1.f. Name, title and signature of delivering officer and arresting officer, if possible;
7.1.g. Specific charge(s);
7.1.h. Sex;
7.1.i. Age;
7.1.j. Date of Birth;
7.1.k. Place of Birth;
7.1.l. Race;
7.1.m. Present or last place of employment;
7.1.n. Health status, including any current medical or mental health needs;
7.1.o. Emergency contact (name, relationship, address and phone number);
7.1.p. Telephone calls made by the inmate at time of admission;
7.1.q. Driver's license and social security numbers;
7.1.r. Notation of case and all property; and
7.1.s. Additional information concerning special custody requirements, service needs, or other identifying information such as birthmarks or tattoos.
7.2. Custody Records. The facility shall maintain custody records on all inmates committed or assigned to the facility, that contain but are not limited to the following:
7.1.a. Intake/booking information;
7.1.b. Court generated background information;
7.1.c. Cash and property receipts;
7.1.d. Reports of incidents or crime(s) committed while in custody.
7.3. Case Records. A current and accurate classification or case record shall be maintained for each inmate committed to or housed in the facility. Procedures shall be established to safeguard legally privileged or confidential information. The records shall contain, at a minimum the following:
7.3.a. Classification and reclassification decisions;
7.3.b. Report of grievances, incidents, and crimes while in custody; and
7.3.c. Medical and Mental Health information relevant to the classification.
7.4. Identification System. The facility shall maintain a system which identifies all inmates in custody and their actual physical location.
7.5. Access to Records. Those persons within the facility and other authorized persons who have direct access to inmate classification or case records shall be defined.
7.6. Release of Information. The administration shall use a consent form which complies with applicable federal and state regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information, as required by statute or regulation, and a copy of the form shall be maintained in the inmate's case record.
W. Va. Code R. § 95-3-8 Physical Plant
8.1. General. All new facilities shall be designed, constructed, maintained and operated in accordance with the standards and requirements set out and established by the State Fire Code, including the current edition of the National Fire Code published by the National Fire Protection Association and the current BOCA National Building Code published by Building Official and Code Administrators International, Inc. (BOCA). In any conflict between or among any of the aforementioned standards, the West Virginia State Fire Code shall be preeminent.
Standards and Regulations. All existing facilities shall comply with the standards and regulations set forth for existing facilities in the State Fire Code, the current National Fire Codes published by the National Fire Protection Association (NFPA).
8.2. Safety of Occupants. Because the safety of all occupants in all detention and correctional facilities cannot be adequately assured solely by a dependence upon evacuation from the building, their protection from fire shall be provided by appropriate arrangement of facilities, an adequately trained staff, and careful development of operating, security, and maintenance procedures to include the following:
8.2.a. Proper design, construction and compartmentalization;
8.2.b. Provisions for fire detection, alarms and extinguishment;
8.2.c. Fire prevention programs which include planning, training, and drills covering such protective activities as: isolation of the fire; transfer of occupants to areas of refuge; evacuation of the facility; or measures for in-place protection of the occupants; and
8.2.d. Security provisions to the degree necessary to provide for the safety of both the occupants of the facility and the general public.
8.3. State Fire Marshal Review. Plans and specifications for all new facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
8.4. State Fire Marshal Certificate. No facility shall be occupied until a certificate of occupancy is issued by the State Fire Marshal's Office.
8.5. Activity Areas. All activity areas shall have sufficient air circulation (at least 10 cubic feet of fresh, purified air per minute per occupant), lighting and sanitary facilities. These areas include multipurpose rooms, recreation areas for inmates, or work areas for staff. Temperatures shall be maintained appropriate to the summer and winter comfort zones with consideration for the activity performed.
8.6. Inmate Booking and Release Area. The inmate booking and release area shall be located inside the security perimeter, but outside inmate living quarters, and have the following facilities:
8.6.a. Booking area;
8.6.b. Sally port;
8.6.c. Access to drinking water;
8.6.d. Shower facilities;
8.6.e. Secure storage for inmate's personal property;
8.6.f. Telephone facilities;
8.6.g. Private interview space(s);
8.6.h. Temporary holding rooms with sufficient fixed seating for all inmates at its rated capacity; and
8.6.i. Operable toilets and wash basins.
8.7. Environment. All rooms or cells shall have access to the following facilities and/or conditions:
8.7.a. Toilet above floor level which is available for use without staff assistance 24 hours a day;
8.7.b. Wash basin and drinking water;
8.7.c. Hot and cold running water;
8.7.d. A bed at above floor level, desk or writing surface, hook or closet space, chair or stool;
8.7.e. Lighting of at least 20 foot candles at desk level;
8.7.f. Circulation is at least 10 cubic feet of outside or recirculated air per minute per occupant;
8.7.g. Temperatures are appropriate to the summer and winter comfort zones;
8.7.h. Noise levels do not exceed 70 decibels in daytime and 45 decibels at night; and
8.7.i. Natural lighting.
8.8. Multiple Occupancy. Where used, multiple occupancy rooms shall house no less than four and no more than 50 inmates each. Inmates shall be screened prior to admission for suitability to group living. Multiple occupancy rooms shall provide for:
8.8.a. Continuing observation by staff;
8.8.b. A minimum floor area of 50 square feet per occupant in the sleeping area and a clear floor to ceiling height or not less than eight feet;
8.8.c. Toilet and shower facilities at a minimum of one operable toilet and shower for every eight occupants;
8.8.d. One operable wash basin with hot and cold running water for every six occupants;
8.8.e. Natural lighting;
8.8.f. Beds above floor level, desk or writing surface, chair or stool;
8.8.g. A locker for each occupant;
8.8.h. Lighting is at least 220 foot candles at desk level and in the personal grooming area;
8.8.i. Circulation is at least 10 cubic feet outside or recirculated air per minute per occupant;
8.8.j. Temperatures are appropriate to the summer and winter comfort zones; and
8.8.k. Noise levels do not exceed 70 decibels in daytime and 45 decibels at night.
8.9. Communication. Any room used for segregation shall permit inmates assigned to it to communicate with staff and have a door which permits observation by staff.
8.10. Continuing Staff Observation. When seriously ill, mentally disordered, injured or non-ambulatory inmates are held in the facility, there shall be at least one single-occupancy cell or room for them which provides for continuing staff observation.
8.11. Sleeping Quarters. When both males and females are housed in the same facility, they shall be provided separate sleeping quarters which are separated visually and accoustically.
8.12. Perimeter Security. The facility perimeter shall be secured in a way which provides that inmates remain within the perimeter and that access by the general public is denied without proper authorization.
8.13. Storage Security. Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment and the equipment shall be located in an area which is readily accessible to authorized persons only.
8.14. Sally Ports. There shall be sally ports between inmate areas and areas providing access to the public.
8.15. Multipurpose Room. There shall be at least one multipurpose room available for inmate activities.
8.16. Storage of Personal Property. Space shall be provided for the secure storage of inmates' personal property.
8.17. Handicapped Inmates. Handicapped inmates shall be housed in a manner which provides for their safety and security, and have access to any activity areas.
8.18. Handicapped Visitors. All parts of the facility which are accessible to the public shall be accessible to and usable by handicapped persons.
8.19. Exercise Space. An exercise space shall be available to allow large muscle exercise.
W. Va. Code R. § 95-3-9 Safety and Emergency Procedures
9.1. Policies and Procedures. Written policies and procedures shall be adopted specifying the facility's fire prevention regulations and practices. For purposes of clarification and identification these procedures and standards of fire prevention are divided into two classifications:
9.1.a. General requirements applicable to all occupancies covered by the State Fire Code; and
9.1.b. Specific detention and correctional occupancies.
9.2. General Requirements. The following includes the general requirements applicable to all occupancies covered by the State Fire Code.
9.2.1. Construction, Repair and Improvement Operations. Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, ladders or other approved means or devices arranged in accordance with the general principles of the State Fire Code insofar as they can reasonably be applied to buildings under construction. Please refer to Standard on Building Construction and Demolition Operations, NFPA 241. Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building of normally low or ordinary hazard classification while the building is occupied only if the conditions of use and safeguards provided are such a not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.
9.2.2. Reliability of Means of Egress. Every required exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.
9.2.3. Furnishings and Decorations. Furnishings and decorations in the means of egress shall be subject to the following:
9.2.3.a. No furnishings, decorations, or other objects shall be so placed as to obstruct exits, access thereto, egress therefrom, or visibility thereof;
9.2.3.b. Hangings or draperies shall not be placed over exit doors or otherwise located as to conceal or obscure any exit. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit; and
9.2.3.c. There shall be no obstruction by railing, barriers, or gates that divide the open space into sections appurtenant to individual rooms, apartments, or other uses. Where the authority having jurisdiction finds the required path of travel to be obstructed by furniture or other movable objects, he may require that railings or other permanent barriers be installed to protect the path of travel against encroachment.
9.2.4. Equipment Maintenance and Testing. Equipment maintenance and testing shall include the following:
9.2.4.a. Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door, and other item of equipment required by these standards shall be continuously maintained in proper operating condition;
9.2.4.b. Any equipment requiring test or periodic operation to assure its maintenance shall be tested or operated as specified elsewhere in these standards or as directed by the authority having jurisdiction;
9.2.4.c. Systems shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and has general charge of all alterations and additions;
9.2.4.d. Systems shall be tested at intervals recommended by the appropriate standards listed in the National Fire Protection Association (NFPA) Fire Code;
9.2.4.e. Automatic Sprinkler Systems. All automatic sprinkler systems required by these standards shall be continuously maintained in operating condition at all times, and such periodic inspections and tests shall be made as are necessary to assure proper maintenance; and
9.2.4.f. Alarm and Fire Detection Systems. Fire alarm signaling equipment shall be restored to service as promptly as possible after each test or alarm and shall be kept in normal condition for operation.
9.2.5. Furnishings, Decorations and Treated Finishes. Furnishings, decorations and treated finishes shall be subject to the following:
9.2.5.a. Draperies, curtains and other similar furnishings and decorations shall be flame resistant where required by the applicable provisions of the State Fire Code. The materials required herein are to be tested in accordance with Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA 701 shall comply with both the small and large-scale tests;
9.2.5.b. Furnishings or decorations of an explosive or highly flammable character shall not be used; and
9.2.5.c. Fire retardant paints or solutions shall be renewed at such intervals as necessary to maintain the necessary flame retardant properties.
9.2.6. Fire Exit Drills. Fire drills shall be subject to the following:
9.2.6.a. Fire exit drills conforming to the provisions of the State Fire Code shall be regularly conducted in occupancies where specified by the provisions of the Code;
9.2.6.b. Fire exit drills, where required by the authority having jurisdiction, shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine;
9.2.6.c. Responsibility for the planning and conduct of drills shall be assigned only to competent persons qualified to exercise leadership;
9.2.6.d. In the conduct of drills emphasis shall be placed upon orderly evacuation under proper discipline rather than upon speed;
9.2.6.e. Drills shall include suitable procedures to make sure all persons in the building, or all persons subject to the drill, actually participate; and
9.2.6.f. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions prevalent in case of fire.
9.3. Detention and Correctional Occupancies. The following includes requirements specifically directed to detention and correctional occupancies.
9.3.1. Attendant, Evacuation Plan, Fire Exit Drills. Attendant, evacuation plan, and fire exit drills shall include the following:
9.3.1.a. Detention and Correctional facilities, or those portions of facilities having such occupancy, must be provided with 24-hour staffing on any floor level having residency and located within 100 feet (30.48m) of the accessway to any housing area. Under Use Conditions III, IV and V, as defined in the NFPA Life Safety Code for classification of correctional occupancies, audio monitoring shall be provided for every sleeping space;
9.3.1.b. The administration of every detention and correctional facility shall have in effect and provided to all supervisory personnel, written copies of a plan for the protection of all persons in the area in event of fire and for their evacuation to areas of refuge and from the building where necessary. All employees shall be periodically instructed and kept informed respecting their duties under the plan;
9.3.1.c. Books, clothing and other combustible personal property allowed in sleeping rooms shall be stored in closeable metal lockers or fire resistant containers; and
9.3.1.d. The amount of heat producing appliances (such as toasters, hot plates, etc.) and the overall use of electrical power within a sleeping room shall be controlled by facility administration.
9.3.2. Furnishings and Decorations. Furnishings and decorations shall be subjected to the following:
9.3.2.a. Furnishings and decorations in detention and correctional occupancies shall be in accordance with the provisions the NFPA Life Safety Code operating features;
9.3.2.b. Combustible decorations are prohibited in any detention or correctional occupancy unless flame retardant;
9.3.2.c. Wastebaskets and other waste containers shall be of noncombustible or other approved materials;
9.3.2.d. Furnishings, such as mattresses and upholstered or cushioned furniture shall not be of a highly flammable character; and
9.3.2.e. Window draperies, curtains for decoration or acoustical purposes and privacy curtains shall be noncombustible or rendered and maintained flame resistant as per Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA 701.
9.3.3. Keys. All keys necessary for unlocking doors installed in means of egress shall be individually identified by both touch and sight.
9.3.4. Storage of Flammable, Toxic and Caustic Material. Written policy and procedure shall govern the storage and use of all flammable, toxic, and caustic material ensuring that inmates are never in possession of items such as lye, insecticide, anti-freeze and denatured alcohol, unless they are under constant supervision by qualified personnel. Such material shall be stored in secure areas that are inaccessible to inmates; a prescribed system shall be used to account for their distribution.
9.3.5. Fire and Safety Officer. An administrative staff member shall be appointed as Fire and Safety Officer. This officer shall be responsible for monthly inspection of the facility and development of Standing and Emergency Operating Procedures relating to fire and safety and for staff and safety training.
9.3.6. Inspection. Each facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
W. Va. Code R. § 95-3-10 Sanitation and Hygiene
10.1. Responsibility. Facility authorities shall maintain the facility in a condition that is clean, healthful and sanitary and which conforms to all applicable health laws and regulations.
10.2. Maintenance. Facility authorities shall develop and implement a plan for the maintenance at an acceptable level of cleanliness and sanitation throughout the jail. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections which shall include, but not be limited to, the following:
10.2.a. The daily cleaning of toilets, sinks and showers;
10.2.b. The daily cleaning of floors;
10.2.c. The emptying and cleaning of receptacles provided for cigarettes and other refuse each day and provision for adequate trash removal;
10.2.d. The scrubbing and rinsing of living unit, washing of windows, cleaning of janitors closets, and dusting of bars, screens and ledges on a regular basis;
10.2.e. The contracting of extermination services to be performed with sufficient frequency and thoroughness to keep the jail free from insects and vermin. Services shall include, at a minimum, monthly inspections by a qualified person; and
10.2.f. The cleaning and sanitary maintenance of all kitchen areas and all equipment.
10.3. Inspections. There shall be weekly sanitation inspections of all institution areas by a designated administrative staff member; at least annual inspections by federal, state and/or local sanitation and health officials, or other qualified person(s); and, compliance with all applicable laws and regulations of the governing jurisdiction.
10.4. Water Supply. The water supply and plumbing fixtures shall meet all applicable codes and be maintained in operable and sanitary condition. Water samples from both drinking and waste water shall be tested periodically to ensure that the facility's water meets all applicable laws. The facility shall provide hot and cold running water.
10.5. Cleaning Equipment. Inmates shall have available sufficient cleaning equipment to maintain their cells in a clean condition.
10.6. Floors. Facility floors shall be kept clean, dry, and free of hazardous substances. Floors shall be inspected regularly throughout the day for cleanliness. Particular attention should be given to potentially hazardous areas, such as showers, kitchens, detoxification rooms, boiler and furnace rooms.
10.7. Personal Hygiene Items. The facility shall provide each inmate as part of the admission process and thereafter an adequate supply of soap, toothpaste, toilet paper, toothbrush, comb, and feminine hygiene supplies. Timely access to shaving equipment shall also be provided.
10.8. Facility Clothing. Clean, suitable, and presentable clothing shall be available to inmates on an as needed basis.
10.9. Bedding. Each inmate shall be provided with one clean, fire retardant mattress, two clean sheets, a clean pillow and clean pillow case. Worn bedding and linen which are unfit for further use shall not be issued. Clean blankets shall be provided in a number appropriate to the season.
10.10. Towels. Each inmate shall be provided a clean towel and washcloth.
10.11. Laundry of Bedding. Laundry services shall be sufficient to permit the regular exchange of sheets and pillow-cases. Mattresses shall be cleaned and sanitized monthly, or replaced upon reasonable request of the inmate.
10.12. Recording. The issue of all clothing and bedding shall be recorded to provide accountability for their use. Inmate accountability for clothing and bedding shall be specified in inmate rules and regulations.
10.13. Court Appearance. Inmates shall be permitted to wear personal clothing for court appearance.
10.14. Removal of Linen and Bedding. Linen and bedding shall be removed from an inmate's bed only under the extreme circumstances such as to protect the inmate from self-injury. An action to remove linen or bedding shall be reviewed daily by the supervisor and the deprivation ended as soon as practical. A record shall be kept of all such actions taken.
10.15. Showers. There shall be sufficient facilities in the housing areas to permit inmates to shower or bathe upon admission to the facility and daily thereafter.
10.16. Water Temperatures. Water temperatures for showers or bathing shall be thermostatically controlled to ensure the safety of inmates.
10.17. Access to Water. Inmates shall have continuous access to a washstand with running hot and cold water.
W. Va. Code R. § 95-3-11 Security and Control
11.1. Manual. Written policy and procedure for security and control, including procedures for emergencies, shall be contained in a manual which is available to all staff and is reviewed annually and updated as needed.
11.2. Control Center. The facility shall maintain a control center.
11.3. Communication System. The facility shall have a communication system between the control center and the inmate living areas.
11.4. Alarm System. The facility shall have an emergency alarm system that is linked to the control center; signal devices shall be located throughout the facility.
11.5. Secure Perimeter. All security perimeter entrances, control center doors and cell blocks doors opening into a corridor shall be kept locked, except when used for admission or exit for employees, inmates or visitors, and in emergencies.
11.6. Electronic Surveillance. When audio or visual electronic surveillance is used, it shall be located primarily in hallways, elevators, corridors or at point on the security perimeter, such as entrances and exits.
11.7. Inmate Movement. Staff shall regulate inmate movement.
11.8. Staffing. The facility shall have the staff needed to provide full covereage of designated security posts, full surveillance of inmates, and to perform all ancillary functions.
11.9. Emergency Response. Correctional officers shall be located in or immediately adjacent to inmate living areas to permit officers to hear and respond promptly to emergency situations.
11.10. Observation. Written policy and procedure require that all high and medium security inmates shall be personally observed by a correctional officer at least every 30 minutes, but on an irregular schedule. A schedule of at least 15 minute observation shall be required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior.
11.11. Daily Record. The facility administration shall maintain a written daily record of the following:
11.11.a. Personnel on duty;
11.11.b. Inmate population count;
11.11.c. Admissions and release of inmates;
11.11.d. Shift activities;
11.11.e. Entry and exit of physicians, attorneys and other visitors; and
11.11.f. Unusual occurrences.
11.12. Daily Inspections. Designated staff shall visit and inspect every area of the facility daily, including holidays and weekends and report their findings in writing to designated officials with recommendations for action or notations of action taken.
11.13. Searches. Written policy and procedure shall provide for searches of facilities and inmates to control contraband and provide for its disposition and recommendations for corrective action. Procedure shall provide for the following:
11.13.a. Manual or instrument inspection of inmate body cavities is conducted only when there is reason to do so and when authorized by the facility administrator or his designee;
11.13.b. Visual inspections are conducted only when there is a reasonable belief that the inmate is carrying contraband or other prohibited material;
11.13.c. Strip searches are done without specific authorization only upon entry to the facility and at all other times are based on articulable suspicion; and
11.13.d. All such inspections are conducted in privacy and manual or instrumental inspection of body cavities is done by medically trained personnel or correctional personnel trained by health care personnel.
11.14. Preservation of Evidence. Procedure shall govern searches and the preservation of evidence when a new crime is suspected. Searches shall be authorized only by the administrator or designee.
11.15. Search Policy Published. The policy regarding searches for the control of contraband shall be published, made available to the staff and inmates, reviewed at least annually and updated if necessary.
11.16. Control of Security Equipment. Written policy and procedure govern the availability, control and use of firearms, ammunition, chemical agents, "stun guns", and related security devices, and require that sufficient security equipment shall be available to meet the facility needs.
11.17. Storage of Security Equipment. Procedures shall provide that ammunition, chemical agents and related security equipment are stored in a secure but readily accessible depository located outside inmate housing and activity areas, and are inventoried at least monthly to determine their condition and expiration dates.
11.18. Use of Firearms. Written policy and procedure shall govern the use of firearms and include the following requirements:
11.18.a. Weapons are subjected to stringent safety regulations and inspections;
11.18.b. Secure weapons locker is located outside the security perimeter of the facility;
11.18.c. Except in emergency situations, firearms and weapons, such as nightsticks are permitted only in designated areas to which inmates have no access;
11.18.d. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee believes that a person's life is immediately threatened; and
11.18.e. Employees on duty only use firearms or other security equipment which have been issued through the facility and only when directed by or authorized by the facility administrator.
11.19. Written Record. Personnel shall maintain a written record of routine and emergency distribution of security equipment.
11.20. Written Reports. Personnel discharging firearms, using chemical agents or any other weapons, or using force to control inmates shall submit written reports to the facility administrator or designee no later than the conclusion of that person's tour of duty.
11.21. Injuries. All persons injured in an incident shall receive an immediate medical examination and treatment.
11.22. Incident Reports. Written policy and procedure shall require prompt oral and written reporting of all incidents that result in physical harm to, or threaten the safety of any person in the facility, or that threaten the security of the facility.
11.23. Keys. Written policy and procedure shall govern the control and use of keys.
11.24. Tools. Written policy and procedure shall govern the control and use of tools and culinary and medical equipment.
11.25. Custodial Posts. There shall be written orders from every custodial post which are reviewed annually and updated if necessary.
11.26. Escapes. Procedure regarding escapes shall be available to all personnel, and shall be reviewed at least annually and updated if necessary.
11.27. Riots and Other Disturbances. There shall be plans that specify procedures to be followed in situations including, but not limited to riots, hunger strikes, disturbances and taking of a hostage. These plans shall be made available to applicable personnel, and reviewed and updated at least annually.
11.28. Mass Arrests. There shall be procedures to be followed in the event of a mass arrest that exceeds the maximum capacity of the detention facility.
11.29. Work Stoppage. There shall be a written plan that provides for continuing operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, who are required to familiarize themselves with it.
11.30. Physical Force. Written policy and procedure shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property and prevention of escapes, and only when it is necessary to control inmates and in accordance with appropriate statutory authority. In no event shall physical force be justifiable as punishment. A written report shall be prepared following all use of force and submitted to the facility administrator.
11.31. Mechanical Restraints. Instruments of restraint shall be used only as precaution against escape, during transfer, for medical reasons by direction of the medical officer, and as a prevention against inmate self-injury, injury to others or property damage when there is approval from the facility administrator or designee. They are applied for only the amount of time absolutely necessary.
11.32. Inmate Authority. No inmate or group of inmates shall be given control or authority over other inmates.
11.33. Shift Reports. Custodial staff members shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
11.34. Transportation of Inmates. When transportation is the responsibility of facility staff, written policy and procedure shall govern the transportation of inmates outside the facility.
11.35. Facility Vehicles. Written policy and procedure shall govern the use and security of facility vehicles.
11.36. Personal Vehicles. Written policy and procedure shall govern the use of personal vehicles for official purposes, including provision for insurance coverage.
W. Va. Code R. § 95-3-12 Food Service
12.1. Menu Inspection. A qualified nutritionist shall inspect and approve menus in advance of adoption and make recommendations regarding diets to assure adherence to nationally recommended basic daily caloric and nutritional requirements.
12.2. Review. All menus, including special diets, shall be planned, dated, and available for review at least one month in advance; notations shall be made of any substitutions in the meals actually served. Substitutions shall be of equal nutritional value.
12.3. Temperature. Meals must be served at the appropriate temperature. There shall be at least two hot meals a day.
12.4. Varied and Nutritional. Meals must be varied and nutritional.
12.5. Special Diets. Special diets for medical and religious reasons shall be provided.
12.6. Management. If food service is provided, a staff member experienced in food service shall be designated to be responsible for food service operations.
12.7. Health Protection. Adequate health protection shall be provided for all inmates and staff in the facility, and inmates and other persons working in food service. Food handlers, facility, and equipment shall meet all applicable health and safety standards.
12.8. Records. Records of daily menus shall be maintained. Records of inmates' refusal to eat shall be noted in their medical files.
12.9. Restriction. Restriction of food shall not be used as discipline.
12.10. Toilet and Wash Basin. Toilet and wash basin facilities shall be available to food service personnel in the vicinity of the food preparation area.
12.11. Regimentation. Meals shall be served under conditions that minimize regimentation, although there should be supervision by staff members. When a meal must be served in a cell, a small table or shelf and some type of seat shall be provided which shall not be in close proximity to toilets.
12.12. Frequency. At least three regular meals of which two are hot meals, shall be served at regular meal times during each 24-hour period with no more than 15 hours between the beginning of the evening and breakfast meals.
12.13. Documentation. There shall be documentation that health and safety regulations are met.
12.14. Utensils. All inmates shall be provided all necessary utensils and drinking cups with each meal.
W. Va. Code R. § 95-3-13 Medical and Health Care Services
13.1. Right to Medical Care. All inmates shall have access to necessary medical, dental and psychiatric care provided by licensed personnel.
13.2. Responsibility. Medical, dental and mental health matters involving clinical judgments shall be the sole province of the physician, dentist and psychiatrist or qualified psychologist respectively; however, security regulations applicable to facility personnel also apply to health personnel. The official responsible for the facility provides the administrative support for the accessibility of health services to inmates.
13.3. Responsible Physician. A physician shall be designated to approve health care policies, procedures and agreements which can include use of hospital emergency rooms. Each facility shall have agreements for 24 hour medical coverage. All physicians and dentists examining or treating inmates shall be licensed to practice in the State of West Virginia.
13.4. Medical Autonomy and Facility Administration. Medical decisions shall be made only by the physician or designee(s). It shall be made clear to the health authorities and physicians that security regulations which apply to the non-medical staff also apply to them. They will be provided with a list of these regulations and an orientation to the facility system.
13.5. Decision-making: Special Problem Patients. Before inmates with diagnosed psychiatric or significant medical illnesses are given housing assignments, work assignments or transfers, consultation between the facility administrator and physician or their designees shall take place to decide on any special precautions or preparations. Special diets must be provided when ordered by health personnel and approved by the physician.
13.6. Notification of Next of Kin. Any inmate having any serious illness or injury or who dies while incarcerated shall have his next of kin or legal guardian notified by the facility administrator or the physician.
13.7. Post-mortem Examination. In the event of an inmate death, the state medical examiner shall be notified immediately. If the cause of death is unknown, or the death occurred under suspicious circumstances, or the inmate was unattended from the standpoint of not being under current medical care, a post-mortem examination shall be performed.
13.8. Minimum Staff Training Requirements. Health trained staff is defined as personnel who have certified first-aid and CPR training and also have received information regarding the symptoms of physical and mental illnesses common the the inmate population (including depression and chemical dependence), basic management of seizures, medication administration, health record maintenance, recognition of potential suicides, and procedures for patient transfers to appropriate medical facilities or health care providers. Each shift shall include at least one member who has become health-trained as described above.
13.9. Suicide Prevention. There shall be a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional. All staff with responsibility for inmate supervision shall be trained in the implementation of the program. Staff shall make every reasonable effort to prevent suicides through intake screening, identification and supervision of suicide-prone inmates.
13.10. Prohibitions. Inmates shall not be used for the following duties:
13.10.a. Performing direct patient care services;
13.10.b. Scheduling health care appointments;
13.10.c. Determining access of other inmates to health care services;
13.10.d. Handling or having access to surgical instruments, syringes, needles, medications, health records; and
13.10.e. Operating equipment.
They shall be able to perform maintenance and janitorial services under supervision of qualified staff.
13.11. Receiving Medical Screening. A receiving medical screening appraisal to elicit information pertinent to the inmate's health shall be performed on every inmate at the time of admission. The screening shall be recorded on a form which has been approved by the physician. When the inmate has been transferred from another facility and is accompanied by a previously completed screening form, the form shall be reviewed and verified. Receiving screening shall be conducted by a health-trained staff member. Inmates who are in need of immediate medical attention at the time of admission shall be referred immediately for emergency care. The screening process shall include at least an inquiry, observations and disposition.
13.11.1. Inquiry. The screening process shall include, but is not limited to, an inquiry into:
13.11.1.a. Current illness and health problems, including dental problems;
13.11.1.b. Venereal diseases and other infectious disease;
13.11.1.c. Medication taken and special health requirements;
13.11.1.d. Use of alcohol and other drugs which includes types of drugs used, mode of use, amounts used, frequency used, date or time of last use and history of problems which may have occurred after ceasing use (e.g. convulsions);
13.11.1.e. Past and present treatment of hospitalization for mental disturbance or suicide; and
13.11.1.f. Other health problems designated by the responsible physician.
13.11.2. Observations. The screening process shall include, but not be limited to, observations including:
13.11.2.a. Behavior, which includes state of consciousness, mental status, appearance, conduct, tremor and sweating;
13.11.2.b. Body deformities, trauma markings, bruises, lesions, jaundice, ease of movement, etc.; and
13.11.2.c. Indications of recent or chronic substance abuse, i.e., needle marks.
13.11.3. Disposition. The screening process shall include the following disposition to:
13.11.3.a. General population;
13.11.3.b. General population and referral to appropriate health care services;
13.11.3.c. Referral to appropriate health care services on an emergency basis; or,
13.11.3.d. Medical isolation for special observation.
13.12. Care for Persons Under the Influence of Drugs. The physician shall approve policies and procedures for the identification of alcohol and drug dependence as well as subsequent management and/or transfer for the care of persons under a drug influence. Unless the facility has special facilities and constant medical supervision to perform detoxification, the process shall not be performed on site; the inmate shall be transferred to a hospital or community detoxification center designated by the physician. Procedures for adequate care of persons under the influence of drugs include policies and training of staff relating to medical screening, observation, referral evaluation, and safety protections.
13.13. Mentally Ill. Post admission screening and referral for care of mentally ill or retarded inmates whose adaptation to the correctional environment is significantly impaired shall be provided. Psychiatric problems identified either at receiving screening or after admission shall be followed up by medical staff. The urgency of the problems determines the responses. Suicidal and psychotic patients may be emergencies and require prompt attention. Inmates awaiting emergency evaluation shall be housed in a specially designated area with constant supervision by trained staff. Inmates shall be held for only the minimum time necessary, before emergency care is rendered. All sources of assistance for mentally ill and retarded inmates shall be identified in advance of need, and referrals should be made on all such cases. No person shall be housed solely on account of involuntary commitment proceedings pursuant to Chapter 27, Article 5 of West Virginia Code.
13.14. Psychiatric Illness. There shall be consultation between the facility administrator and the physician or their designees prior to the following actions being taken regarding patients who are diagnosed as having a psychiatric illness:
13.14.a. Housing assignments;
13.14.b. Program assignments; and,
13.14.c. Transfers in and out of the institution.
13.15. Access to Treatment. It shall be required that each inmate, at time of admission be provided information concerning the right to medical treatment. The information sheet shall be approved by the physician, and shall include procedures for registering complaints and the facility's sick call schedule.
13.16. Sick Call. Sick call is the system through which each inmate reports for and receives appropriate medical services for non-emergency illness or injury. Inmates will have daily access to sick call forms which will be reviewed that day by the health authority or other person designated by the physician. All complaint forms shall become part of the inmate's health record. Sick call shall be performed by a licensed physician, physician's assistant, registered nurse, or other person designated by the physician. If an inmate's custody status precludes attendance at sick call, arrangements shall be made to provide sick call services in the place of the inmate's detention.
13.17. Emergency Services. There shall be twenty-four hour emergency medical care available. By definition, a medical emergency is an acute illness or unexpected health need that must be attended to immediately and cannot be delayed until the next scheduled sick call. The responsible physician shall approve a plan providing for the use of emergency transportation, use of a local hospital emergency department or appropriate health facility with emergency on-call physician services, procedures for the transfer of inmates to other medical facilities and security procedures.
13.18. Use of Restraints or Isolation For Out of Control Inmates. The physician shall approve a plan guiding the use of restraints, or isolation and providing for mental health personnel to evaluate inmates who are repeatedly out of control or remain out of control for more than a short period of time. Use of physical restraints in controlling inmates inside the facility may be used only for the protection of the individual or others. The use of restraints shall be recorded in the inmate's file. Any time an inmate remains out of control for more than a short period of time mental health personnel shall be consulted.
13.19. Disease Prevention. Holding facilities shall establish an area for use by inmates having medical problems which require separation or close observation.
13.20. Management of Pharmaceuticals. Procedures for prescribing, dispensing and administering drugs shall be in compliance with applicable state and federal laws and regulations. The physician shall approve written procedures for distribution, administration, accounting and disposal of medications. The physician shall approve a written medication log and maintain one for each inmate receiving medication to include the date, time, name of drug and dosage. Any inmate refusing medication must sign a statement to that effect, which is also signed by a staff member and filed in the health record. Medications will be administered only by a physician or nurse, or, after written approval by the physician, by the health authority or health-trained staff members; exception to this requirement may be made in that insulin injections may be self-administered by the inmate with supervision by the health authority or health-trained staff member. The physician shall inform facility personnel of possible side effects of medication on inmates. When medications are taken orally, the person administering the drug shall observe the inmate swallow the drug and have him/her speak after swallowing to ensure the ingestion of the medication. The facility shall provide a locked storage area for medications and maintain a list of medications stocked by the facility. Medications shall be refrigerated, if necessary.
13.21. Administration of Medication. Persons administering medications shall do so under the authority of the physician and shall have received training appropriate to their assignment. They are accountable for the administration of medication according to orders, and recording of the administration of medications in a manner and on a form approved by the physician. Training, from the physician, encompasses the medical aspects of the administration or distribution of medication; training, from the facility administrator, encompasses security matters inherent in the administration or distribution of medications in a correctional facility. The concept of administration or distribution of medication according to orders includes performance in a timely manner.
13.22. Health Records. A separate health file shall be established on every inmate at the time of his/her receiving screening. The health record shall be sufficiently detailed to enable any practitioner to give continuing care and enable them to determine what the inmate's condition was at a specific time and what procedures were done and to enable consultants to give an opinion after examination of the inmate. Entries must be written in ink and be legible, signed and dated. Records shall be maintained for a minimum of seven years after the inmate's last incarceration. The file shall contain the following:
13.22.a. The completed receiving screening form;
13.22.b. All findings, diagnoses, orders and treatments;
13.22.c. Medication log sheet;
13.22.d. Results of any laboratory, x-ray and diagnostic studies;
13.22.e. Completed medical complaint forms;
13.22.f. Place, date and time of health encounters;
13.22.g. Dental, psychiatric or other consultation reports;
13.22.h. Consent and refusal forms; and
13.22.i. Release of information forms.
13.23. Transfer of Records. In the case of off-site examination, treatment, transfer to another facility, or hospital admission, the inmate's health record or a copy of summary shall accompany them. Documentation of any off-site examination or treatment shall be made in the health record by the physician or other health professional involved. Health records shall be returned to the facility with the inmate, or, in the event of transfer or hospital admission, as soon as possible thereafter. Written authorization by the inmate is required for transfer of health record information, except in an emergency situation where the inmate is unable to authorize.
13.24. Confidentiality. The inmate's medical information, records and confidences entrusted to a physician or other medical care professional in the course of screening, examination or treatment are confidential and shall not be disclosed to anyone except:
13.24.a. With the inmate's informed consent; or
13.24.b. Where the law requires disclosure, e.g., reporting of communicable diseases; or
13.24.c. When the security of the institution or the safety of the individual requires disclosure and then only to the extent necessary for the protection of the inmate and the security of the facility; or
13.24.d. The chief administrative officer can review medical records but must maintain their confidentiality except as provided above.
13.25. First Aid Kits. Each facility shall have one or more first aid kits. The physician shall designate the number, location and contents of first aid kits. The health authority must periodically inspect all equipment and first aid kits.
13.26. Informed Consent. Informed consent of inmates is necessary for all medical examinations, treatment and procedures except for those which are required by law, e.g., treatment of infectious diseases where public health law requires such treatment. Exceptions to obtaining informed consent are allowable if they are in accordance with state law (such as emergency situations or public health matters).
13.27. Notification of Serious Illness or Injury. A process shall be developed whereby individuals so designated by the inmate are notified in case of serious illness or injury of the inmate. Permission for notification shall be obtained from the inmate prior to need, if possible. There may be situations in which the inmate does not want their next of kin notified of their illness or injury; therefore, their consent shall be obtained whenever possible. The next of kin, or other individuals identified by the inmate to be notified in emergencies shall be included in the facility admission form.
W. Va. Code R. § 95-3-14 Inmates Rights
14.1. Access to Courts. Inmates shall have unlimited access to courts and be allowed to address uncensored communication to governmental authorities. Inmates seeking judicial or administrative redress shall not be subjected to reprisals or penalties as a consequence.
14.2. Attorneys. Sentenced and unsentenced inmates shall have access to attorneys or their representatives, para-legals, and experts. Attorney/client interview rooms with privacy shall be provided. Provision shall be made for contacts during normal facility hours, for uncensored correspondence and telephone communication.
14.3. Access to Paper and Supplies. Inmates shall have access to paper and other supplies related to legal matters. Inmates shall be provided reasonable access to the services of a notary public for legal documents and other general purposes. There shall be no restricting or interfering with jailhouse lawyers or with inmates attempting to assist other inmates in legal matters, or in preparing written communications. Facility staff shall ensure that such interaction of inmates can occur to the maximum extent possible, subject only to legitimate safety and security concerns.
14.4. Voting. Facility officials shall offer inmates on pretrial status and those convicted of a misdemeanor the opportunity to exercise their right to vote. Inmates shall be advised of their right to vote.
14.5. Religious Observance. Inmates shall have reasonable opportunities to practice their religions, be permitted visits by spiritual advisors at reasonable times, subject to security concerns. Provisions shall be made for access to clergy or spiritual advisors, publications and religious symbols, and for opportunities to adhere to dietary and other requirements of various faiths.
14.6. Discrimination. Each inmate shall be free from discrimination based on race, religion, national origin, sex, handicap, or political beliefs. There shall be no discrimination in regard to the rights and privileges, restrictive housing, or any other amenities afforded to inmates.
14.7. Protection. Inmates shall be protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. In instances where physical force is required, only the least restrictive means necessary to secure order or control shall be used. Administrative segregation shall be used to protect inmates from themselves or other inmates.
14.8. Appearance. Inmate appearance shall not be limited unless it presents clear health, safety or security hazards.
14.9. Grievance Procedure. The facility shall have a written grievance procedure explained and available to all inmates and staff. It shall give inmates an opportunity to seek redress for violations of facility rules and regulations or other interference with the inmate's rights or privileges. The procedures shall include a provision for an investigation of the grievance and for a written response within a reasonable time and proper action taken to insure fair resolution of complaints. The response shall state reasons for the response to the grievance. Unless grievances are clearly found to be in bad faith, the complainant shall have a personal opportunity to be heard before a decision on the complaint is made. If denied, an appeal shall be available.
W. Va. Code R. § 95-3-15 Inmate Rules and Discipline
15.1. Rules of Conduct. There shall be written rules of inmate conduct which specify acts prohibited within the facility. These rules shall be provided to all inmates, and procedures shall exist for ensuring that all inmates understand the rules, and disciplinary procedures in accordance with West Virginia jail standards.
15.2. Training. All personnel who deal with inmates shall receive sufficient training so that they are thoroughly familiar with the rules of inmate conduct and the rationale for the rules.
15.3. Review. A review of all Administrative segregation cases by the facility administrator or his designee shall be provided.
15.4. Appeal. Inmates shall have the right to appeal Administrative segregation decisions to the administrator or designee. The administrator or designee shall either affirm, modify or reverse the decision.
W. Va. Code R. § 95-3-16 Communication, Mail and Visitation
16.1. Inmate Correspondence. Written policy and procedure shall govern inmate correspondence; they shall be available to all staff and inmates, reviewed annually and updated as needed.
16.2. Limitations. There shall be no limitation on the volume of lawful mail, including letters, packages and publications, which an inmate may send or receive, or on the length, language, content or source of the mail, except where there is clear convincing evidence to justify the limitations for reason of public safety or facility order and security. Outgoing mail shall be at the inmate's expense except as provided in 16.3.
16.3. Indigent Inmates. Indigent inmates shall be provided sufficient stationary and postage for all letters to attorneys, courts, and public officials, as well as, two personal letters, without cost.
16.4. Mail Processing. Incoming and outgoing mail shall not be held for more than 24 hours, excluding weekends and holidays.
16.5. Inspection. Inmate letters, both incoming and outgoing may be opened and inspected for contraband, but shall not be censored. The letters shall not be read or rejected except where there is reliable information that there is a threat to order and security or that they are being used in the furtherance of illegal activity. Inmates shall be notified when incoming or outgoing letters are rejected.
16.6. Cash. Procedures shall provide for the inspection of inmate letters to intercept cash, checks, money orders and contraband. A receipt shall be given the addressee.
16.7. Sealed Letters. Inmates shall be permitted to send sealed letters to a specified class of persons and organizations, including, but not limited to: courts, counsel, officials, administrators of grievance systems, and members of the parole authority. Mail to inmates from this specified class of persons and organizations shall be opened only to inspect for contraband and only in the presence of the inmate.
16.8. Telephone Access. Residents shall be afforded the right to reasonable telephone access. Unless phone access is provided by pay phones in the cell blocks, local phone calls shall be free. Telephone calls shall not be monitored unless so authorized by a prior court order. Facility personnel shall take written messages of incoming calls to inmates, and such messages shall be delivered no later than the end of the shift during which they were received. Inmates shall be permitted to return calls within a reasonable time.
16.9. Number and Hours of Visitors. Visitation shall be at least four times weekly including weekends, holidays and evening hours as well as daytime hours. Said scheduled hours shall be of at least three hours in duration. Visits shall not be limited to less than one half hour. Visitors whose schedule cannot accommodate the jail's visiting hours may upon request be granted special hours.
16.10. Visitor Registration. Visitor registration upon entry into the facility shall be required. All circumstances under which visitors may be searched shall be in written policy.
16.11. Posting. A schedule of visitation and visitation policy shall be posted.
16.12. Limitations. Any visitor shall be allowed except those excluded by court order. Inmates shall receive visits from immediate family regardless of age.
16.13. Searches. Inmates may be searched prior and subsequent to visitation. Visitors may be subject to nonintrusive personal searches.
16.14. Privacy. There shall be no monitoring of conversations between inmates and visitors.
16.15. Counsel. The number of visits with counsel shall not be restricted during reasonable hours.
16.16. Contact Visitation. Contact visits, in an appropriate physical setting, shall be available to inmates unless otherwise requested by a party, or unless the inmate's behavior is so extreme as to risk causing serious harm to a person. Denial of contact visitation shall be recorded and explained in the inmate's file.
16.17. Publications Restriction. Written policy and procedure define the type of publications allowed in the facility and the inspection procedure. Restriction of access to publications shall be directly related to the maintenance of the order and security of the facility.
W. Va. Code R. § 95-3-17 Special Management Inmates
17.1. Operation of Segregation Units. Written policy and procedure shall provide for the operation of segregation units for the supervision of inmates under administrative segregation or protective custody.
17.2. Immediate Segregation. Only the facility administrator or designee can order immediate segregation and only when it is necessary to protect the inmate or others.
17.3. Release from Segregation. An inmate shall be released from segregation by action of the Administrator or appropriate supervisory authority.
17.4. Protective Custody. An inmate is admitted to the segregation unit for purposes of protective custody only when there is documentation that protective custody is warranted and no reasonable alternative are available. When an inmate consents to protective custody, it shall be fully documented with a consent form signed by the inmate.
17.5. Appeal of Protective Custody. When inmates are placed in protective custody an appeal process shall be provided to the administrator or appropriate supervisory authority.
17.6. Isolation. The physician shall approve a plan guiding the use of restraints or isolation. For an inmate to be kept in isolation for more than 24 hours, a physician or mental health professional shall determine upon evaluation that the inmate is a threat to self or other. Transfers to a hospital or state institution may be appropriate. isolation shall be reviewed as soon as possible by the facility supervisor but in no event later than six hours after its initiation. Inmates placed in isolation as a result of being out of control shall be released immediately upon gaining self-control. An appeal process to the administrator or appropriate supervisory authority shall be provided.
17.7. Isolation Observation. A monitoring procedure shall be used to observe inmates in isolation. Such procedures shall include regular observations and at least an hourly recording. Recording shall include information on name, date and hour admitted, type of infraction or reason for isolation, release time and any physical or mental problems or needs. All visits by health personnel shall also be recorded.
17.8. Permanent Log In Segregation Units. Staff members in the segregation units shall maintain a permanent log. Admissions of all inmates to these units shall be recorded with information on name, number, housing location, date admitted, reason for admission, tentative release date, and special medical or psychiatric problems or needs. The log should be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.
17.9. Potential Suicide Watch. Inmates who are classified as potential suicide risks shall be continually monitored including verbal exchanges. Recording of this monitoring shall be made and placed in the inmate's health record. High risk persons shall be placed on continuous suicide watch.
17.10. Deprivation of Authorized Item or Activity. Whenever an inmate in segregation is deprived of any usually authorized item or activity, a written report of the action shall be made and forwarded to the facility administrator. The report shall identify the inmate, the item or activity he/she has been deprived of, the reasons for the action. The report shall be forwarded to the chief security officer as soon as possible. If circumstances warrant the removal of all inmate's personal items, approval for this section shall be obtained in advance from the facility administrator or designee. No item or activity shall be withheld longer than is necessary to ensure the inmate's safety and the well-being of the staff and other inmates. In no case, shall an inmate be deprived of an item or activity for the purpose of punishment.
17.11. Meals. Inmates in segregation shall receive the same meals as those served to the general population. Deprivation of food shall never be used as punishment.
17.12. Shower. Inmates in segregation shall have the opportunity to shave and shower daily. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, unless procedures present an undue security hazard.
17.13. Clothing, Bedding and Linen. The issue and exchange of clothing, bedding and linen shall be provided for inmates in segregation on the same basis as inmates in the general population; exceptions are permitted only where found necessary by the senior officer on duty, and recorded in the unit log and justified in writing. Inmates in segregation shall be afforded the same hygienic living conditions as the general inmate population.
17.14. Mail. Inmates in segregation shall be provided the same opportunities for the writing and receipt of letters as those available to the general inmate population. Letters shall be delivered promptly. If any item, consistent with the policy and procedure is rejected, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.
17.15. Visitation. Inmates in segregation shall be provided opportunities for visitation, unless there are substantial reasons for withholding such privileges. Every effort shall be made to notify approved visitors of any restrictions on visiting. This procedure will avoid disappointment and unnecessary inconvenience for the visitors.
17.16. Telephone. Inmates in administrative segregation and protective custody shall be allowed telephone privileges.
17.17. Reading Materials. Inmates in segregation shall have access to reading materials.
17.18. Exercise. Inmates in segregation shall be allowed the same opportunity for recreation as those in general population absent specific temporary security restrictions designated in writing by the administrator in advance.
17.19. Programs and Services. Inmates in segregation shall be allowed to participate in facility programs to the same extent as the general inmate population, providing their participation is consistent with the safety and security of the facility and the community. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.
17.20. Visits from Staff. Inmates in segregation shall receive daily visits from the chief security officer or shift supervisor.
W. Va. Code R. § 95-3-18 Admission, Orientation, Property Control and Release
18.1. New Inmates. Written policy and procedures shall govern the admission and orientation of new inmates. They shall be reviewed annually and updated if necessary. The jail shall not accept persons who are being committed solely because of the initiation of procedures for involuntary commitment pursuant to West Virginia Code, 27-5-1 et seq.
18.2. Mentally Disabled Inmates. Care shall be provided for inmates who are believed to be mentally ill, retarded or addicted and in need of treatment, training or other services. The administrator shall be made aware of the illness and shall arrange for a mental health referral.
18.3. Minimum Requirements. Written policy for admitting new inmates to a holding facility shall address at a minimum the following subjects:
18.3.a. Verification of court commitment papers or other legal documentation of detention;
18.3.b. Complete search of the individual and their possessions;
18.3.c. Disposition of clothing and personal possessions;
18.3.d. Medical screening including tests for infectious diseases;
18.3.e. Telephone calls by inmates;
18.3.f. Shower and hair care, if necessary;
18.3.g. Issue of clean clothing;
18.3.h. Photographing and/or fingerprinting;
18.3.i. Interview for obtaining identifying data;
18.3.j. Screening interview by counselor or other trained interviewer;
18.3.k. Orientation;
18.3.l. Issue of personal hygiene items;
18.3.m. Classification for assignment to a housing unit; and
18.3.n. Assignment to a housing unit.
18.4. Alcoholics. No person charged solely with the offense of public intoxication shall be housed in a holding facility. Such persons shall be treated in accordance with the procedures outlined in State ex rel. Harper v. Zeeger, No. 14950 (filed May 18, 1982) and in its Addendum (filed July 15, 1982).
18.5. Intoxicated or Drugged Inmates. There shall be written policy and procedure for the safe handling of intoxicated or drugged inmates committed to the holding facility, when such person are charged with offenses other than or in addition to public intoxication, including:
18.5.a. All reasonable and necessary medical and health care services shall be provided forthwith in the manner set forth by the Harper, supra, decision, and in its Addendum;
18.5.b. Such person shall be segregated from the general inmate population until such time as they can be safely returned without endangering themselves or others;
18.5.c. Whenever one or more such persons are temporarily segregated from the general population, the facility shall provide continuous supervision by posting an officer or other properly trained person to remain in close proximity to the areas wherein such inmates are housed.
18.6. Orientation. All newly admitted inmates shall receive orientation information in the language in which the inmate understands or comprehends. Completion of orientation shall be documented by a statement that is signed and dated by the inmate.
18.7. Telephone. Newly admitted inmates shall be permitted to complete at least three local or collect long distance telephone calls during the admission process.
18.8. Personal Property. The personal property inmates can retain in their possession shall be specified.
18.9. Inventory and Receipt. A written, itemized inventory of all personal property of newly admitted inmates and secure storage of inmate property, including money and other valuables shall be provided. The inmate shall be given a receipt for all property held until release.
18.10. Release. Written procedures for releasing inmates include, but are not limited to the following:
18.10.a. Verification of identity;
18.10.b. Verification of release papers;
18.10.c. Completion of release arrangements, including the person or agency to whom the inmate is to be released;
18.10.d. Return of personal effects;
18.10.e. Verification that no facility property leaves the facility with the inmate; and
18.10.f. Completion of any pending action, such as grievances or claims for damaged or lost possessions.
W. Va. Code R. § 95-3-19 Classification
19.1. General. Written policy and procedure provide for inmate classification in terms of level of custody required, and housing assignments. They shall be reviewed at least annually and updated if necessary.
19.2. Criteria and Appeal. The inmate classification plan shall specify criteria and procedures for determining and changing the status of an inmate. The plan shall include an appeals process for classification decisions.
19.3. Categories. The facility shall provide for the separate management of the following categories of inmates:
19.3.a. Female and male inmates;
19.3.b. Pretrial and convicted inmates;
19.3.c. Felons and misdemeanors;
19.3.d. Other classes of detainees (witnesses, civil prisoners, etc.);
19.3.e. Inmates with special problems (alcoholics, narcotics addicts, mentally disturbed persons, physically handicapped persons, persons with communicable diseases, etc.);
19.3.f. Inmates requiring administrative segregation;
19.3.g. Violent and nonviolent inmates; and
19.3.h. Juveniles.
19.4. Juveniles. Juveniles, who are subjected to trial as adults, shall be separated by sight and sound from adult inmates, although they may be in the same facility structure. Juveniles who are not subjected to trial as adults are not housed in the facility. The procedures as outlined in West Virginia Code, 49-5-16 and 499-5-16a shall be followed.
19.5. Discrimination. Segregation of inmates by race, color, creed or national origin shall be prohibited.
W. Va. Code R. § 95-3-20 Inmate Work Programs
20.1. Required Work. Pretrial and unsentenced detainees shall not be required to work except to do personal housekeeping. Any inmate may volunteer for work assignments or institutional programs.
20.2. Discrimination. Discrimination in inmate work assignments based on sex, race, religion and national origin shall be prohibited.
12-HOUR HOLDING FACILITIES
W. Va. Code R. § 95-3-21 Administration, Organization, and Management
21.1. Philosophy, Goals and Policies. A written statement shall be prepared by the authority having jurisdiction that described the philosophy, goals and policies of the facilities under its control, and which is reviewed annually and updated as necessary. This statement shall be made available to staff, inmates and the general public.
21.2. Facility Administrator. The facility shall be managed by a single administrator to whom all employees or units of management are responsible.
21.3. Operations Manual. There shall be a written operations manual that delineates the procedures for operating and maintaining the facility. The manual shall be made available to employees, reviewed annually and updated as needed.
21.4. Legal Assistance. Legal assistance shall be made available to the administrator and other staff as needed in the performance of their duties.
W. Va. Code R. § 95-3-22 Fiscal Management
22.1. Accounting Procedures. The methods used for collection, safeguarding and disbursement of monies shall comply with accounting procedures established by the appropriate jurisdiction.
22.2. Minimum Policies. The facility shall have written policies and procedures that include, at a minimum:
22.2.a. Internal controls;
22.2.b. Petty cash procedures;
22.2.c. Bonding for all appropriate staff;
22.2.d. Signature control on checks;
22.2.e. Handling of inmate funds;
22.2.f. Employee expense reimbursement; and
22.2.g. Issuance or use of vouchers.
22.3. Inventory. There shall be inventory control of property, stores and other assets. Such inventories shall be conducted at time periods stipulated by applicable statutes, however, they should not be less frequent than every two years.
W. Va. Code R. § 95-3-23 Training and Staff Development
23.1. Training Curriculum. A written training curriculum shall be developed, evaluated, and updated based on an annual needs assessment that identifies current job-related training needs.
23.2. Trainer Certification. Any individual providing pre-service, in-service or basic training or correctional staff shall be certified as a correctional trainer.
23.3. Weaponry and Chemical Agents. All personnel authorized to use firearms or chemical agents shall be trained in weaponry and the use of chemical agents on a continuing, in-service basis, and shall be required to qualify annually.
23.4. Security Personnel. All security personnel shall be trained in self-defense and the use of force including passive restraint to control inmates.
W. Va. Code R. § 95-3-24 Inmates Records
24.1. Booking. When appropriate, booking information shall be recorded for every person initially taken into custody and admitted to the facility and includes at least the following data, unless prohibited by law:
24.1.a. Fingerprints;
24.1.b. Booking number;
24.1.c. Name and aliases of person;
24.1.d. Current address (or last known address);
24.1.e. Date, duration of confinement, and copy of court order or other legal basis for commitment;
24.1.f. Name, title and signature of delivering officer and arresting officer, if possible;
24.1.g. Specific charge(s)(s);
24.1.h. Sex;
24.1.i. Age;
24.1.j. Date of Birth;
24.1.k. Place of Birth;
24.1.l. Race;
24.1.m. Present or last place of employment;
24.1.n. Health status, including any current medical mental health needs;
24.1.o. Emergency contact (name, relationship, address and phone number);
24.1.p. Telephone calls made by the inmate at time of admission;
24.1.q. Driver's license and social security numbers;
24.1.r. Notation of case and all property; and
24.1.s. Additional information concerning special custody requirements, service needs, or other identifying information such as birthmarks or tattoos.
24.2. Custody Records. The facility shall maintain custody records on all inmates committed or assigned to the facility, that contain but are not limited to the following:
24.2.a. Intake/booking information;
24.2.b. Court generated background information;
24.2.c. Cash and property receipts;
24.2.d. Reports of incidents or crime(s) committed while in custody.
24.3. Identification System. The facility shall maintain a system which identifies all inmates in custody and their actual physical location.
24.4. Access to Records. Those persons within the facility and other authorized persons who have direct access to inmate classification or case records shall be defined.
24.5. Release of Information. The administration shall use a consent form which complies with applicable federal and state regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information, as required by statute or regulation, and a copy of the form shall be maintained in the inmate's record.
W. Va. Code R. § 95-3-25 Physical Plant
25.1. General. All new facilities housing four or more occupants shall be designed, constructed, maintained and operated in accordance with the standards and requirements set out and established by the State Fire Code, and the State Building Code.
25.2. Standards and Regulations. All existing facilities housing four or more occupants shall comply with the Standards and regulations set forth for existing facilities in the State Fire Code.
25.3. State Fire Marshal Review. Plans and specifications for all new facilities shall be submitted to the State Fire Marshal for review prior to the start of construction.
25.4. State Fire Marshal Certificate. No facility may be occupied until a certificate of occupancy is issued by the State Fire Marshal's Office.
25.5. Inspection. Each facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.
25.6. Inmate Booking and Release Area. If an inmate booking and release area is provided, it shall be located inside the security perimeter, but outside any inmate living quarters, and have the following facilities:
25.6.a. Booking area;
25.6.b. Access to drinking water;
25.6.c. Shower facilities;
25.6.d. Secure storage for inmate's personal property;
25.6.e. Telephone facilities;
25.6.f. Private interview space(s);
25.6.g. Temporary holding rooms with sufficient fixed seating for all inmates at its rated capacity; and
25.6.h. Operate toilets and wash basins.
25.7. Single Occupancy. Only one inmate shall occupy a holding cell or detention room designed for single occupancy.
25.8. Environment. All inmates kept in a holding room or cell shall have access to the following facilities and/or conditions:
25.8.a. Toilet above floor level;
25.8.b. Wash basin and drinking water;
25.8.c. Hot and cold running water;
25.8.d. A chair or stool;
25.8.e. Adequate lighting;
25.8.f. Adequate air circulation of outside or recirculated air;
25.8.g. Temperatures that are appropriate to the summer and winter comfort zones; and
25.8.h. Noise levels do not exceed 70 decibels.
25.9. Multiple Occupancy. Where used, multiple occupancy rooms shall provide for:
25.9.a. Continuing observation by staff;
25.9.b. Toilet and shower facilities at a minimum of one operable toilet and shower for every eight occupants;
25.9.c. One operable wash basin with hot and cold running water for every six occupants;
25.9.d. One chair or stool per inmate;
25.9.e. Adequate lighting;
25.9.f. Adequate air circulation;
25.9.g. Temperatures that are appropriate to the summer and winter comfort zones; and
25.9.h. Noise levels that do not exceed 70 decibels.
25.10. Communication. Any room used for segregation shall permit inmates assigned to it to communicate with staff and have a door which permits observation by staff.
25.11. Continuing Staff Observation. When seriously ill, mentally disordered, injured or non-ambulatory inmates are held in the facility, they shall be placed in a single occupancy room which provides for continuing staff observation.
25.12. Holding Quarters. When both males and females are held in the same facility, they shall be provided separate quarters.
25.13. Perimeter Security. The facility perimeter shall be secured in a way which provides that inmates remain within the perimeter and that access by the general public is denied without proper authorization.
25.14. Storage Security. Space shall be provided for the secure storage of chemical agents, restraining devices and related security equipment and the equipment shall be located in an area which is readily accessible to authorized persons only.
25.15. Storage of Personal Property. Space shall be provided for the secure storage of inmates' personal property.
25.16. Handicapped Inmates. Handicapped inmates shall be housed in a manner which provides for their safety and security, and have access to any activity areas.
25.17. Handicapped Visitors. All parts of the facility which are accessible to the public shall be accessible to and usable by handicapped persons.
W. Va. Code R. § 95-3-26 Sanitation and Hygiene
26.1. Responsibility. Facility authorities shall maintain the facility in a condition that is clean, healthful and sanitary and which conforms to all applicable health laws and regulations.
26.2. Maintenance. Facility authorities shall develop and implement a plan for the maintenance at an acceptable level of cleanliness and sanitation throughout the holding facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections which shall include, but not be limited to, the following:
26.2.a. The daily cleaning of toilets, sinks and showers;
26.2.b. The daily cleaning of floors;
26.2.c. The emptying and cleaning of receptacles provided for cigarettes and other refuse each day and provision for adequate trash removal;
26.2.d. The scrubbing and rinsing of living unites, washing of windows, cleaning of janitors closets, and dusting of bars, screens and ledges on a regular basis;
26.2.e. The contracting of extermination services to be performed with sufficient frequency and thoroughness to keep the holding facility free from insects and vermin. Services shall include, at a minimum, monthly inspections by a qualified person; and
26.2.f. If present, the cleaning and sanitary maintenance of all kitchen areas and all equipment.
26.3. Inspections. There shall be weekly sanitation inspections of all institution areas by a designated administrative staff member; at least annual inspections by federal, state and/or local sanitation and health officials, or other qualified person(s); and, compliance with all applicable laws and regulations of the governing jurisdiction.
26.4. Water Supply. The water supply and plumbing fixtures shall meet all applicable codes and be maintained in operable and sanitary condition. Water samples from both drinking and waste water shall be tested periodically to ensure that the facility's water meets all applicable laws. The facility shall provide hot and cold running water.
26.5. Floors. Facility floors shall be kept clean, dry and free of hazardous substances. Floors shall be inspected regularly throughout the day for cleanliness. Particular attention should be given to potentially hazardous area such as showers, kitchens, detoxification rooms, boiler and furnace rooms.
26.6. Personal Hygiene Items. The facility shall provide each inmate, as needed, an adequate supply of soap, toothpaste, shaving items, toilet paper, toothbrush, comb, and feminine hygiene supplies.
26.7. Facility Clothing. Clean suitable, and presentable clothing shall be available to inmates on an as needed basis.
26.8. Bedding. Each inmate spending the night (between midnight and 6:00 a.m.) in the facility shall be provided with one clean, fire retardant mattress, two clean sheets, a clean pillow and clean pillowcase. Worn bedding and linen which are unfit for further use may not be issued. Clean blankets shall be provided in a number appropriate to the season.
26.9. Towels. Each inmate shall be provided clean towels and washcloths, as needed.
26.10. Recording. The issue of all clothing and bedding shall be recorded to provide accountability for their use. Inmate accountability for clothing and bedding shall be specified in inmate rules and regulations.
26.11. Court Appearance. Inmates are permitted to wear personal clothing for court appearances.
26.12. Removal of Linen and Bedding. Linens and bedding if issued shall be removed from an inmate's bed only under extreme circumstances, such as to protect the inmate from self-injury. An action to remove linen or bedding shall be reviewed by the supervisor and the deprivation ended as soon as practical. A record shall be kept of all such actions taken.
26.13. Showers. There shall be sufficient shower facilities in the facility to permit inmates to shower or bathe upon admission to the facility, if needed.
26.14. Water Temperatures. Water temperatures for showers or bathing shall be thermostatically controlled to ensure the safety of inmates.
26.15. Access to Water. Inmates shall have reasonable access to a washstand with running hot and cold water.
'95-33-27. Security and Control.
27.1. Manual. Written policy and procedure for security and control, including procedures for emergencies, shall be contained in a manual which is available to all staff and is reviewed annually and updated as needed.
27.2. Control Center. The facility shall maintain a control center.
27.3. Communication System. The facility shall have a communication system between the control center and the inmate holding areas.
27.4. Alarm System. The facility shall have an emergency alarm system that is linked to the control center; signal devices shall be located throughout the facility.
27.5. Secure Perimeter. All security perimeter entrances, control center doors and cell blocks doors opening into a corridor shall be kept locked, except when used for admission or exit for employees, inmates or visitors, and in emergencies.
27.6. Electronic Surveillance. When audio or visual electronic surveillance is used, it shall be located primarily in hallways, elevators, corridors or at point on the security perimeter, such as entrances and exits.
27.7. Inmate Movement. Staff shall regulate inmate movement.
27.8. Staffing. The facility shall have the staff needed to provide full coverage of designated security posts, full surveillance of inmates, and to perform all ancillary functions.
27.9. Emergency Response. Staff shall be located in or immediately adjacent to inmate living areas to permit staff to hear and respond promptly to emergency situations.
27.10. Observation. There shall be written policy and procedures that require that all high and medium security inmates be personally observed by correctional staff at least every 30 minutes, but on an irregular schedule. A schedule of at least 15 minute observation shall be required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior.
27.11. Daily Record. The facility administration shall maintain a written daily record of the following;
27.11.a. Personnel on duty;
27.11.b. Inmate population count;
27.11.c. Admissions and release of inmates;
27.11.d. Shift activities;
27.11.e. Entry and exit of physicians, attorneys and other visitors; and
27.11.f. Unusual occurrences.
27.12. Daily Inspection. Designated staff shall visit and inspect every area of the facility daily, including holidays and weekends and report their findings in writing to designated officials with recommendations for action or notations of action taken.
27.13. Searches. Written policy and procedure shall provide for searches of facilities and inmates to control contraband and provide for its disposition and recommendations for corrective action. The procedure shall provide for the following:
27.13.a. Manual or instrument inspection of inmate body cavities may be conducted only when there is reason to do so and when authorized by the facility administrator or his/her designee;
27.13.b. Visual inspections may be conducted only when there is a reasonable belief that the inmate is carrying contraband or other prohibited material;
27.13.c. Strip searches may be done without specific authorization only upon entry to the facility and at all other times are based on articulable suspicion; and
27.13.d. All such inspections are conducted in privacy and manual or instrumental inspection of body cavities is done by medically trained personnel or correctional personnel trained by health care personnel.
27.14. Preservation of Evidence. Written procedure shall govern searches and the preservation of evidence when a new crime is suspected. Searches may be authorized by the administrator or designee.
27.15. Search Policy Published. The policy regarding searches for the control of contraband shall be published, made available to the staff and inmates, reviewed at least annually and updated if necessary.
27.16. Control of Security Equipment. There shall be written policy and procedure that governs the availability, control and use of firearms, ammunition, chemical agents "stun guns", and related security devices, and that require that sufficient security equipment is available to meet facility needs.
27.17. Storage of Security Equipment. Written procedures shall provide that ammunition, chemical agents and related security equipment are stored in a secure but readily accessible depository located outside inmate housing and activity areas, and are inventoried at least monthly to determine their condition and expiration dates.
27.18. Use of Firearms. Written policy and procedure shall govern the use of firearms and include the following requirements:
27.18.a. Weapons are subjected to stringent safety regulations and inspections.
27.18.b. Secure weapons locker is located outside the security perimeter of the facility;
27.18.c. Except in emergency situations, firearms and weapons, such as nightsticks are permitted only in designated areas to which inmates have no access;
27.18.d. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee believes that a person's life is immediately threatened; and
27.18.e. Employees on duty only use firearms or other security equipment which have been issued through the facility and only when directed by or authorized by the facility administrator.
27.19. Written Record. Personnel shall maintain a written record of routine and emergency distribution of security equipment.
27.20. Written Reports. Personnel discharging firearms, using chemical agents or any other weapons, or using force to control inmates shall submit written reports to the facility administrator or designee no later than the conclusion of that person's tour of duty.
27.21. Injuries. All persons injured in an incident shall promptly receive a medical examination and necessary treatment.
27.22. Incident Reports. Written policy and procedure shall require prompt oral and written reporting of all incidents that result in physical harm to, or threaten the security of the facility.
27.23. Keys. Written policy and procedure shall govern the control and use of keys.
27.24. Tools and Medical Equipment. Written policy and procedure shall govern the control and use of tools and culinary and medical equipment.
27.25. Custodial Posts. There shall be written orders for every custodial post which are reviewed annually and updated if necessary.
27.26. Escapes. Written procedures regarding escapes shall be available to all personnel, and shall be reviewed at least annually and updated if necessary.
27.27. Riots and Other Disturbances. There shall be written plans that specify procedures to be followed in situations including, but not limited to disturbances and taking of a hostage. These plans shall be made available to applicable personnel, and reviewed and updated at least annually.
27.28. Mass Arrests. There shall be written procedures to be followed in the event of a mass arrest that exceeds the maximum capacity of the holding facility.
27.29. Work Stoppage. There shall be a written plan that provides for continuing operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, who are required to familiarize themselves with it.
27.30. Physical Force. Written policy and procedure shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, prevention of escapes, and when necessary to control inmates, in accordance with appropriate statutory authority. In no event shall physical force be justifiable or used as punishment. A written report shall be prepared following all use of force and submitted to the facility administrator.
27.31. Mechanical Restraints. Instruments of restraint shall be used only as a precaution against escape, during transfer, for medical reasons by direction of the medical officer, and as a prevention against inmate self-injury, injury to others or property damage when there is approval from the facility administrator or designee. They are applied for only the amount of time necessary.
27.32. Inmate Authority. No inmate or group of inmates shall be given control or authority over other inmates.
27.33. Shift Reports. Custodial staff members shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
27.34. Transportation of Inmates. When transportation is the responsibility of facility staff, written policy and procedure shall govern the transportation of inmates outside the facility.
27.35. Facility Vehicles. Written policy and procedure shall govern the use and security of facility vehicles.
27.36. Personal Vehicles. Written policy and procedure shall govern the use of personal vehicles for official purposes, including provision for insurance coverage.
W. Va. Code R. § 95-3-28 Food Service
28.1. Meals. All individuals in custody shall be served meals at regular meal times during each 24-hour period with no more than 15 hours between the beginning of the evening and breakfast meals.
28.2. Special Diets. Special diets for medical reasons shall be provided. Special diets for religious reasons shall be provided, when possible.
28.3. Management. If food service is provided, a staff member experienced in food service shall be designated to be responsible for food service operations.
28.4. Health Protection. Adequate health protection shall be provided for all inmate and staff in the facility, and inmates and other persons working in food service. Food handlers, facility, and equipment shall meet all applicable health and safety standards.
28.5. Records. Records of meals shall be maintained. Records of inmates refusal to eat shall be noted in their medical files.
28.6. Restriction. Restriction of food may not be used as discipline.
28.7. Toilet and Wash Basin. Toilet and wash basin facilities shall be available to food service personnel in the vicinity of the food preparation area.
28.8. Regimentation. Meals shall be served under conditions that minimize regimentation, although there should be supervision by staff members. When a meal must be served in a cell, a small stable or shelf and some type of seat shall be provided which shall not be in close proximity to toilets.
28.9. Documentation. There shall be documentation that health and safety regulations are met.
28.10. Utensils. All inmates shall be provided all necessary utensils and drinking cups with each meal.
W. Va. Code R. § 95-3-29 Medical and Health Care Services
29.1. Emergency Services. There shall be 24 hour emergency medical care available. The responsible physician shall approve a plan providing for the use of emergency transportation, use of a local hospital emergency department of appropriate health facility with emergency on-call physician services, procedures for the transfer of inmates to other medical facilities and security procedures.
29.2. Responsible Physician. A physician shall be designated to approve health care policies, procedures and agreements which can include use of hospital emergency rooms. Each facility shall have agreements for 24 hour emergency medical coverage. All physician and dentists examining or treating inmates shall be licensed to practice in the State of West Virginia.
29.3. Medical Autonomy and Facility Administration. Medical decisions shall be made only by the physician or designee(s). It shall be made clear to the health authorities and physicians that security regulations which apply to the non-medical staff also apply to them. They will be provided with a list of these regulations and an orientation to the facility system.
29.4. Notification of Next of Kin. Any inmate having any serious illness to injury or who dies while incarcerated shall have his/her next of kin or legal guardian notified by the facility administrator or the physician.
29.5. Postmortem Examination. In the event of an inmate death, the state medical examiner shall be notified immediately. If the cause of death is unknown, or the death occurred under suspicious circumstances or the inmate was unattended from the standpoint of not being under current medical care, a postmortem examination shall be performed.
29.6. Minimum Staff Training Requirements. Health trained staff is defined as personnel who have certified first aid and CPR training and also have received information regarding the population (including depression and chemical dependence), basic management of seizures, medical administration, health record maintenance, recognition of potential suicides, and procedures for patient transfer to appropriate medical facilities or health care providers. Each shift shall include at least one member who has become health-trained as described above.
29.7. Prohibition. Inmates may not be used in the performance of any medical or health care services.
29.8. Receiving Medical Screening. Every person taken into custody and admitted to the facility other than from another correctional facility shall be medically screened by health-trained staff (see Section 11.6). This receiving medical screening must include inquiry and observations sufficient to identify inmates in need of immediate medical attention (within the 12 hour holding period) or those requiring medical isolation or special observation. Particular attention must be directed toward the identification and appropriate disposition or persons under the influence of alcohol or other drugs and those who may be suicidal. Inmates requiring medical or psychiatric attention shall be referred for emergency or urgent care. Those requiring medical isolation or special observation shall be isolated and/or observed.
29.9. Access to Treatment. All inmates initially admitted to the holding facility shall be informed of their right to emergency medical care. Inmates transferred from another correctional facility shall be provided as scheduled any necessary medications or care ordered by health care providers at the facility from which they originated.
29.10. Administration of Medication. Persons administering medications shall do so under the authority of a physician and shall have received training appropriate for their assignment.
29.11. Health Records. A health record shall be established on every inmate at the time of his/her receiving screening or at the time or transfer for off-site care. Documentation of any off-site examination or treatment shall be made in the health record. Copies of health records shall accompany inmates transferred from the holding facility to another correctional facility.
29.12. Confidentiality. The inmate's medical information, records and confidences entrusted to a physician or other medical care professional in the course of screening, examination or treatment are confidential and shall not be disclosed to anyone except:
29.12.a. With the inmate's informed consent; or
29.12.b. Where the law requires disclosure, e.g., reporting of communicable diseases; or
29.12.c. When the security of the institution or the safety of the individual requires disclosure and then only to the extent necessary for the protection of the inmate and the security of the facility; or
29.12.d. The chief administrative officer can review medical records but must maintain their confidentiality except as provided above.
29.13. First Aid Kits. Each facility shall have an appropriate number of first aid kits. The physician shall designate the number, location and contents of first aid kits. The staff must periodically inspect all equipment and first aid kits.
W. Va. Code R. § 95-3-30 Inmates Rights
30.1. Attorneys. Sentenced and unsentenced inmates shall have reasonable access to attorneys or their representatives, paralegals, and experts. Attorney/client interview rooms with privacy shall be provided.
30.2. Discrimination. Each inmate shall be free from discrimination based on race, religion, national origin, sex, handicap, or political beliefs. There shall be not discrimination in regard to the rights and privileges, restrictive housing, or any other amenities afforded to inmates.
30.3. Protection. Inmates shall be protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. In instances where physical force is required, only the least restrictive means necessary to secure order or control may be used. Administrative segregation shall be used to protect inmates from themselves or other inmates.
30.4. Appearance. Inmate appearance may not be limited unless it presents clear health, safety or security hazards.
30.5. Grievance Procedure. The facility shall have a written grievance procedure explained and available to all inmates. It shall give inmates an opportunity to seek redress for violations of facility rules and regulations or other interference with the inmate's rights or privileges. The procedure shall include a provision for an investigation of the grievance and for a written response within a reasonable time and proper action taken to insure fair resolution of complaints. The response shall state reasons for the response to the grievance. Unless grievances are clearly found to be in bad faith, the complainant shall have a personal opportunity to be heard before a decision on the complaint is made. If denied, an appeal shall be available.
W. Va. Code R. § 95-3-31 Inmates Rules and Discipline
31.1. Rules of Conduct. There shall be written rules of inmate conduct which specify acts prohibited within the facility. These rules shall be provided to all inmates, and procedures shall exist for ensuring that all inmates understand the rules, and disciplinary procedures in accordance with West Virginia jail standards.
31.2. Training. All personnel who deal with inmates shall receive sufficient training so that they are thoroughly familiar with the rules of inmate conduct and the rationale for the rules.
W. Va. Code R. § 95-3-32 Communication, Mail and Visitation
32.1. Inmate Correspondence. Written policy and procedure shall govern inmate correspondence; they shall be available to all staff and inmates, reviewed annually and updated as needed.
32.2. Inspection. Inmate letters, both incoming and outgoing may be opened and inspected for contraband, but may not be censored. The letters may not be read or rejected except where there is reliable information that there is a threat to order and security or that they are being used in the furtherance of illegal activity. Inmates shall be notified when incoming or outgoing letters are rejected.
32.3. Cash. Procedure shall provide for the inspection of inmate letters to intercept cash, checks, money orders and contraband. A receipt shall be given the addressee.
32.4. Sealed Letters. Inmates shall be permitted to send sealed letters to a specified class or persons and organizations, including, but not limited to: courts, counsel, officials of the confining authority, government officials, administrators of grievance systems, news media and members of the parole authority. Mail to inmates from this specified class of persons and organizations may be opened only to inspect for contraband and only in the presence of the inmate.
32.5. Telephone Access. Residents shall be afforded the right to reasonable telephone access.
32.6. Visitor Registration. Visitor registration upon entry into the facility shall be required. All circumstances under which visitors may be searched shall be in written policy.
32.7. Posting. A schedule of visitation and visitation policy shall be posted.
32.8. Searches. Inmates may be searched prior and subsequent to visitation. Visitors may be subject to nonintrusive personal searches.
32.9. Privacy. There shall be no monitoring of conversation between inmates and visitors.
W. Va. Code R. § 95-3-33 Special Management Inmates
33.1. Operation of Segregation Units. Written policy and procedure shall provide for the operation of segregation cells for the supervision of inmates under segregation or protective custody.
W. Va. Code R. § 95-3-34 Admission, Orientation, Property Control and Release
34.1. New Inmates. Written policy and procedures shall govern the admission and orientation of new inmates. They shall be reviewed annually and updated if necessary. The holding facility shall not accept persons who are being committed solely because of the initiation of procedures for involuntary commitment pursuant to West Virginia Code, 27-5-1 et seq.
34.2. Mentally Disabled Inmates. Care shall be provided for inmates who are believed to be mentally ill, retarded or addicted and in need of treatment or other services. The administrator shall be made aware of the illness and shall arrange for a mental health referral.
34.3. Minimum Requirements. Written policy for admitting new inmates to a holding facility shall address at a minimum the following subjects:
34.3.a. Verification of court commitment papers or other legal documentation of detention:
34.3.b. Complete search of the individual and their possessions;
34.3.c. Disposition of clothing and personal possessions;
34.3.d. Preliminary medical screening;
34.3.e. Telephone calls by inmates;
34.3.f. Shower and hair care, if necessary;
34.3.g. Issue of clean clothing, if necessary;
34.3.h. Photographing and/or fingerprinting;
34.3.i. Interview for obtaining identifying data;
34.3.j. Screening interview;
34.3.k. Orientation;
34.3.l. Issue of personal hygiene items, if necessary;
34.3.m. Classification for assignment of a housing unit; and
34.3.n. Assignment to a holding cell.
34.4. Alcoholics. No persons charged solely with the offense of public intoxication shall be housed in a holding facility. Such persons shall be treated in accordance with the procedures outlined in State ex rel. Harper v. Zeeger, No. 14950 (filed May 18, 1982) and in its addendum (filed July 15, 1982).
34.5. Intoxicated or Drugged Inmates. There shall be written policy and procedure for the safe handling of intoxicated or drugged inmates committed to the holding facility, when such persons are charged with offenses other than or in addition to public intoxication, including:
34.5.a. All reasonable and necessary medical and health care services shall be provided forthwith in the manner set forth by the Harper, supra, decision and in its addendum;
34.5.b. Such persons shall be segregated from the general inmate population until such time as they can be safely returned without endangering themselves or others;
34.5.c. Whenever one or more such persons are temporarily segregated from the general population, the facility shall provide continuous supervision by posting an officer or other properly trained person to remain in close proximity to the area wherein such inmates are housed.
34.6. Orientation. All newly admitted inmates shall receive orientation information. Reasonable attempts shall be made to see that such orientation is in the language the inmate understands or comprehends. Completion of orientation shall be documented by a statement that is signed and dated by the inmate.
34.7. Telephone. All inmates newly admitted into custody shall be permitted to complete at least three local or collect long distance telephone calls during the admission process.
34.8. Personal Property. The personal property inmates can retain in their possession shall be specified.
34.9. Inventory and Receipt. A written, itemized inventory of all personal property of newly admitted inmates and secure storage of inmate property, including money and other valuables shall be provided. The inmate shall be given a receipt for all property held until release.
34.10. Release. Written procedures for releasing inmates include, but are not limited to the following:
34.10.a. Verification of identity;
34.10.b. Verification of release papers;
34.10.c. Completion of release arrangements, including the person or agency to whom the inmate is to be released;
34.10.d. Return of personal effects;
34.10.e. Verification that no facility property leaves the facility with the inmate; and
34.10.f. Completion of any pending action, such as grievances or claims for damaged or lost possessions.
W. Va. Code R. § 95-3-35 Classification
35.1. General. Written policy and procedure shall provide for inmate classification in terms of level of custody required, and housing assignments. They shall be reviewed at least annually and updated if necessary.
35.2. Criteria and Appeal. The inmate classification plan shall specify criteria and procedures for determining and changing the status of an inmate.
35.3. Categories. The facility shall, at a minimum, provide for the separate management of the following categories of inmates;
35.3.a. Female and male inmates;
35.3.b. Inmates with special problems (alcoholics, narcotics addicts, mentally disturbed persons, physically handicapped persons, persons with communicable diseases, etc.); and
35.3.c. Juveniles.
35.4. Juveniles. Juveniles, who are subjected to trial as adults; shall be separated by sight and sound from adult inmates, although they may be in the same facility structure. Juveniles who are not subjected to trial as adults are not housed in the facility. The procedures as outlined in West Virginia Code, 49-5-16 and 49-5-16a shall be followed.
35.5. Discrimination. Segregation of inmates by race, color, creed or national origin shall be prohibited.
W. Va. Code R. § 95-3-36 Glossary
36.1. Audit. An examination of facility records or accounts to check their accuracy, which is conducted by a person(s) not directly involved in the creation and maintenance of the records of accounts. An independent audit results in an opinion which either affirms or disaffirms the accuracy of records or accounts. An operational or internal audit usually results in a report to management which is not shared with persons outside the agency.
36.2. Administrative Segregation. A form of separation from the general population administered by the classification committee or other authorized group, when the continued presence of the inmate in the general population would pose a serious threat to life, property, self, staff or other inmates, or the security or orderly running of the institution. Inmates pending investigation for trial on a criminal act or pending transfer can also be included. (See Protective Custody and Segregation.)
36.3. Booking. Both a law enforcement process and a detention facility procedure. As a police administrative action, it is an official recording of an arrest and the identification of the person, place, time, arresting authority, and reason for the arrest. In the detention facility, it is a procedure for the admission of a person charged with or convicted of an offense, which includes searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual's personal property.
36.4. Chemical Agent. An active substance, such as tear gas, used to deter activities which might cause personal injury or property damage.
36.5. Cell Block. A group or cluster of single and/or multiple occupancy cells or detention rooms immediately adjacent and directly accessible to a day or activity room. In some facilities the cell block consists of a row of cells fronted by a day room of corridor-like proportion.
36.6. Chief of Police. A local law enforcement official who is the appointed or elected chief executive of a police department and is responsible for the operation of the city jail or lockup.
36.7. Classification. A process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.
36.8. Community Resources. Public and private organizations or agencies, or any individual from the community which offers services, facilities and other functions which can meet the needs of the facility.
36.9. Contact Visitation. Visitation between an inmate and a visitor in which limited physical contact is permissable and occurs in a setting without physical barriers between the inmate and the visitor.
36.10. Contraband. Any item possessed by inmates or found within the confinement facility which is declared illegal by law or not specifically approved for inmate possession by those legally charged with the responsibility for administration and operation of the facility.
36.11. Contractor. A person or organization which agrees to furnish materials or perform services for the facility/jurisdiction at a specified price. Contractors operating in detention facilities are subject to all applicable rules and regulations for the facility.
36.12. Correctional Officer. A trained employee of the authority having jurisdiction, usually uniformed, who is responsible for the custody, control, safety and well-begin of confined persons.
36.13. Detainee. Any person confined in a local detention facility not serving a sentence for a criminal offense.
36.14. Detention Facility. A confinement institution to which adults may be sentenced for up to one year or confined pending adjudication. (See Jail.)
36.15. Emergency. Any significant disruption of normal facility procedure, policy or activity caused by riot, strike, escape, fire, natural disaster or other serious incident.
36.16. Facility Administrator. Any official, regardless of local title (e.g., sheriff, chief of police, jail administrator, warden, superintendent) who has the ultimate responsibility for managing and operating the local detention facility.
36.17. Footcandle. A unit for measuring the intensity of illumination, the amount of light thrown on a surface one foot away from the light source.
36.18. Grievance. A written complaint filed by an inmate with the facility administrator concerning personal health and welfare or the operations and services of the facility.
36.19. Health Authority. A physician or qualified health administrator who is responsible for the provision of health care services at an institution or system of institutions.
36.20. Health Care. The sum of all action taken, preventive and therapeutic, to provide for the physical and mental well-being of a population. Health care includes medical and dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions.
36.21. Health Care Personnel. Individuals whose primary duties are to provide health services to inmates in keeping with their respective levels of health care training or experience.
36.22. Health-Trained Personnel (Medically Trained Personnel). Correctional officers or other correctional personnel such as social workers, who may be trained and appropriately supervised to carry out certain specific duties with regard to the administration of health care.
36.23. Holding Facility or Lockup. A temporary confinement facility, for which the custodial authority is less than 72 hours, where arrested persons are held pending release, adjudication, or transfer to another facility.
36.24. Holding Room. Distinct from a holding facility, this is a room(s), perhaps in the court house, used for attorney/client consultation, family visitation, or in conjunction with a court proceeding, it is secure, appropriately lighted and ventilated, usually contains a small table and seating for four.
36.25. Holidays. All days legally designated as non-workdays by statue or by the chief governing authority of a jurisdiction.
36.26. Information System. Includes the concepts, personnel and supporting technology for the collection, organization and delivery of information for administrative use. There are two types of information:
36.26.1. Standard information, consisting of the data required for operational control, such as daily count, positive and negative release rates, absconding or runaway rates, referral sources, and payroll data in a personnel office.
36.26.2. Demand information, which can be generated when a report is required, such as the number of inmates in educational and training programs, and duration of confinement.
36.27. Inmate. Any person, whether pretrial, unsentenced, or sentenced, who is confined in a detention or holding facility.
36.28. Inmate Records. Information concerning the individual's personal, criminal and medical history, behavior and activities while in custody, including but not limited to: commitment papers, court orders, detainers, personal property receipts, visitors list, photographs, fingerprints, type of custody, disciplinary infractions and actions taken, grievance reports, work assignments, program participation, miscellaneous correspondence, etc.
36.29. Jail. A confinement facility, usually operated by a local law enforcement agency, which holds persons detained pending adjudication and/or persons committed after adjudication for sentences of one year or less. Jails, while intended for the confinement of adults, sometimes holding juveniles as well. (See Detention Facility.)
36.30. Life Safety Code. A manual published by the National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest; two chapters are devoted to corrections facilities.
36.31. Medical Records. Separate records of medical examinations and diagnoses maintained by the responsible physician. The following information from these records should be transferred to the inmate records; date and time of all medical examinations and copies of standing or direct medical orders from the physician to facility staff.
36.32. Medical Restraints. Either chemical restraints, such as sedatives, or physical restraints, such as straight jackets, applied only for medical of psychiatric purposes.
36.33. Medical Screening. A system of structured observation/initial health assessment to identify newly arrived inmates who pose a health or safety threat to themselves or others.
36.34. Non-Contact Visitation. Visitation between an inmate and visitor which occurs in an area with physical barriers which preclude physical contact between the inmate and visitor.
36.35. Offender. A person confined in a local detention facility serving a sentence for a criminal offense.
36.36. Parent Agency. The administrative department of division to whom the facility administrator reports; it is the policy-setting body. For a county facility, this is the sheriff's department or the County Commission. For a city facility, it is usually the police department.
36.37. Policy. A definite, stated course or method of action which guides and determines present and future decision and actions.
36.38. Pretrial Release. A procedure whereby an accused person who has been taken into custody is allowed to be unconfined before and during his/her trial.
36.39. Program. The plan or system through which a detention/correctional agency works to meet its goals; often this program requires a distinct physical setting, such as a detention facility.
36.40. Protective Custody. A form of separation from the general population for inmates requesting or requiring protection from other inmates for reasons of health or safety. The inmate's status is reviewed periodically by the classification committee or other designated groups. (See Administrative Segregation and Disciplinary Detention.)
36.41. Qualified Health Personnel. Physicians, dentists, and other professional and technical workers who by state law engage in activities that support, complement or supplement the functions of physicians and/or dentists and who are licensed, registered, or certified, as appropriate to their qualifications, to practice.
36.42. Release on Bail. The release by a judicial officer of an accused person who has been taken into custody, upon the accused's promise to pay a certain amount of money or property if he/she fails to appear in court as required; the promise may or may not be secured by the deposit of an actual sum of money or property, and may involve a bonding agency.
36.43. Release on own Recognizance (ROR). The release by a judicial officer of an accused person who has been taken into custody, upon the accused's promise to appear in court as required for criminal proceedings.
36.44. Responsible Physician. A person licensed to practice medicine with whom the facility enters into a contractual agreement to plan for and provide health services to the inmate population of the facility.
36.45. Safety Equipment. This includes firefighting equipment, i.e., chemical extinguishers, hoses, nozzles, water supplies, alarm systems, sprinkler systems, portable breathing devices, gas masks, fans, fist aid kits, stretchers, and emergency alarms.
36.46. Sally Port. A square or rectangular enclosure situated either in the perimeter wall or fence of the facility or within the interior of the facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit ensures there will be no breach in the perimeter or interior of the facility.
36.47. Security or Custody. The degree of restriction of inmate movement within a detention/correctional facility, usually divided into maximum, medium and minimum risk levels.
36.48. Security Devices. Locks, gates, doors, bars, fences, screens, ceilings, floors, walls and barriers used to confine and control inmates. Also electronic monitoring equipment, security alarm systems, security light units, auxillary power supply, and other equipment used to maintain facility security.
36.49. Security Perimeter. The outer portion of a facility which actually provide for secure confinement of inmates. This perimeter may vary for individual inmates, depending upon their security classification.
36.50. Segregation. The confinement of an inmate to an individual cell that is separated from the general population. There are three forms of segregation: administrative segregation, disciplinary detention and protective custody.
36.51. Self-Insurer. Any parent agency or governmental jurisdiction which acts as the insurer. For public agencies, the self-insurance program is usually authorized by the legislature. A "memorandum of insurance" or similar document is required which acts as a policy, setting the limits of liability for various categories of risk, including deductible limits. Approval of the policy by a cabinet level official is also required.
36.52. Sheriff. The elected or appointed chief executive officer of a county law enforcement agency, who can serve several functions, including: responsibility for law enforcement in unincorporated areas, operation of the county jail and assignment as officers of the court.
36.53. Special Management Inmates. Persons whose behavior presents a serious threat to the safety and security of the facility, the inmate, the staff or the general inmate population. Special handling and/or housing is required to regulate their behavior.
36.54. Strip Search. An examination that can include body cavities of an inmate's naked body for weapons, contraband and physical abnormalities. This also includes a thorough search of all the inmate's clothing while not being worn by the inmate.
36.55. Temporary Release. A period of time during which an inmate is allowed to leave the program or institution and go into the community unsupervised for various purposes consistent with the public interest.
36.56. Training. An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy or training center, at an institution of higher learning, through contact service, at professional meetings, or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements.
36.57. Volunteers. Persons from the community who participate in the detention facility operations. They are selected on the basis of their skills or personal qualities to provide programs and services for the inmate population in recreation, counseling, education and religious activities. Their services are provided without cost to the facility.
36.58. Work Release. A formal arrangement, sanctioned by law, whereby an inmate is permitted to leave confinement to maintain approved and regular employment in the community, returning to custody during nonworking hours.
95CSR3
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