Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 15 - STATE BOARD OF LOCAL AND REGIONAL JAILS › Chapter 40 - MINIMUM STANDARDS FOR JAILS AND LOCKUPS › Part I - General Provisions › Section 6VAC15-40-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Administrative segregation" means a form of separation
					 from the general population 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 to the security or orderly running of the facility.
					 Inmates pending investigation for trial on a criminal act or pending transfer
					 can also be included.
"Annual" means an action performed each calendar
					 year.
"Appeal" means the procedure for review of an action by a
					 higher authority.
"Audit" means the determination of facility compliance with
					 standards through an examination of records and operations by a team of
					 qualified professionals.
"Automated External Defibrillator" or "AED" means a device
					 that automatically analyzes the heart rhythm and permits a shock to be
					 delivered to restore a normal heart rhythm if a problem is detected.
"Board" means the Board of Corrections.
"Certification" means an official approval by the Board of
					 Corrections that allows a facility to operate.
"Chief executive officer" means the elected or appointed
					 individual who by law or position, has the overall responsibility for the
					 facility's administration and operation.
"Civilian personnel" means nonsworn facility employees who
					 have been provided with on-the-job training in facility security procedures and
					 emergency plans and communications, and are assigned to posts that do not
					 require direct inmate contact and supervision.
"Classification" means the process for determining inmate
					 housing, custody and program assignments.
"Communication system" means a mechanical audio
					 transmission such as telephone, intercom, walkie talkie or T.V. monitor.
"Compliance and Accreditation Unit" means the unit within
					 the Department of Corrections responsible for conducting triennial
					 certification audits and yearly unannounced life, health, safety inspections of
					 local and regional jails and lockups.
"Compliance documentation" means the required documentation
					 in conjunction with the requirements of this chapter used to determine
					 compliance during triennial certification audits and yearly unannounced life,
					 health, safety inspections.
"Contraband" means any item found in the possession of an
					 inmate or found within the jail or lockup that is illegal by law or not
					 specifically approved for inmate possession by the facility
					 administrator.
"Correctional status information" means records and data
					 concerning a convicted person's custodial status, including probation,
					 confinement, work release, study release, escape, or termination of custody
					 through expiration of sentence, parole, pardon, or court decision.
"Criminal history record information" means records and
					 data collected by criminal justice agencies on adult individuals consisting of
					 identifiable descriptions and notations of arrests, detentions, indictments,
					 information, or other formal charges and any disposition arising there from.
					 The term shall not include juvenile record information, which is controlled by
					 Chapter 11 (§ 16.1-226 et seq.) of Title 16.1 of the Code of Virginia, criminal
					 justice investigative information or correctional status information.
"Culinary items" means utensils used in a kitchen to
					 prepare and serve food, including knives.
"Current" means unexpired.
"Daily log" means a written or electronic record for the
					 recording of daily activities or unusual incidents.
"Detainee" means any person confined but not serving a
					 sentence.
"Director" means the Director of the Department of
					 Corrections.
"Disciplinary detention" means the separation of an inmate
					 from the general population for misconduct and/or violations of
					 regulations.
"Disposition" as referenced in
					 6VAC15-40-410 and
					 6VAC15-40-420 means the removal of
					 an inmate from a medical treatment facility or the physician's discharge
					 plan.
"Disposition" as referenced in
					 6VAC15-40-710 means how an inmate's
					 clothing and personal possessions are inventoried, and where an inmate's
					 clothing and personal possessions are stored until the inmate is released or
					 transferred.
"Disposition" as referenced in
					 6VAC15-40-910 means the end result
					 of items found during searches of the facility (returned to property, disposed
					 of, etc.).
"Duty post" means a fixed or mobile work location in which
					 the safety and security of the facility and inmates is carried out.
"Educational release" means an approved absence from the
					 facility for the purpose of participating in an educational program.
"Emergency plan" or "emergency plans" means the written
					 procedures for staff responsibility in the event of fire, hazardous material
					 release, loss of utilities, natural disaster, hostage situations, riots,
					 disturbances, escapes, bomb threats, and mass arrest.
"Erroneous release" means the inadvertent release of an
					 inmate or detainee from the physical plant of the facility.
"Facility" means the actual physical setting in which a
					 program or agency functions.
"Fire prevention practices" means maintaining smoke
					 detection equipment, servicing fire extinguishers, keeping living areas free of
					 clutter, and storing combustible materials in the proper manner.
"Fire safety inspection" means an inspection conducted by
					 the State Fire Marshal's Office or local approved fire marshal.
"Formal count" means a personal observation and counting of
					 each inmate.
"Furlough" means an approved leave of absence from the
					 facility granted to an inmate.
"Good time" means earned credits that will reduce an
					 inmate's time served.
"Grievance procedure" means the method by which inmates may
					 formally address complaints to the facility administration.
"Health care personnel" means individuals whose primary
					 duties are to provide health services to inmates.
"Impartial officer or committee" means individual(s) who
					 are not directly involved in the particular incident or situation being
					 reviewed.
"Indigent inmate" means an inmate having less than the
					 equivalent of the cost of five first class stamps in his account for 15
					 days.
"Inmate" means any person classified and confined inside
					 the secure perimeter of the facility.
"Inmate handbook" means a manual, pamphlet or handout that
					 contains information describing facility rules, inmate activities, and
					 conduct.
"Inmate records" means written or electronic information
					 concerning an inmate's personal, criminal and medical history, behavior, and
					 activities while in custody.
"Inmate worker" means an inmate classified and assigned to
					 perform various duties and tasks inside and outside the facility under
					 supervision of staff.
"Juvenile" means a person less than 18 years of age who is
					 not adjudicated as an adult.
"Legal mail" means mail addressed to or received from an
					 attorney or court.
"Lockup" means a temporary detention facility where
					 detainees are held for not more than 12 hours.
"Material Safety Data Sheet" or "MSDS" means a document
					 containing information on potential health effects from exposure to chemicals
					 or other potentially dangerous substances, and on safe procedures when handling
					 chemical products.
"Medical authority" means physician or nurse.
"Medical co-payment" means the amount (dictated by facility
					 policy; to be a portion of the costs) an inmate pays for medical
					 services.
"Medical screening" means an observation and interview
					 process within the booking procedure designed to obtain pertinent information
					 regarding an individual's medical or mental health condition.
"Model Plan for Jail Prisoner Medical Treatment Programs"
					 means the model plan for medical treatment fees developed by the Board of
					 Corrections to serve as a guide for the establishment of a medical treatment
					 program per § 53.1-133.01 of the Code of Virginia.
"Orientation" means information for newly admitted inmates
					 pertaining to facility rules and regulations, access to medical services,
					 medical services fees and payment procedures, and programs available.
"Pharmaceuticals" means prescription and nonprescription
					 drugs.
"Policy" means a definitive statement of position on an
					 issue concerning the organization's effective operation.
"Policy and procedures manual" means a written or
					 electronic record containing all policies and procedures needed for the
					 operation of the facility in accordance with the law and the minimum standards
					 for local jails and lockups.
"Post order" means a list of specific job functions and
					 responsibilities required of each duty post or position.
"Procedure" means a detailed, step-by-step description of
					 the activities necessary to fulfill the policy. A procedure describes how,
					 when, where, and by whom the organization will implement and fulfill the
					 policy.
"Program" means the plan or system through which a
					 correctional agency works to meet its goals; often the program requires a
					 distinct physical setting.
"Protective custody" means a form of separation from the
					 general population for inmates requesting or requiring protection from other
					 inmates.
"Quarterly" means an action that occurs once every three
					 months within a calendar year.
"Recognized certifying agency" means an agency, such as the
					 American Red Cross, the American Heart Association, or a local hospital or fire
					 department, that is approved and recognized as being qualified to instruct
					 first aid and CPR courses.
"Recreational activities" means any out-of-cell activity
					 ranging from scheduled outside or inside recreation to informal tabletop
					 games.
"Regional jail" (as defined in § 53.1-82 of the Code of
					 Virginia) means three or more counties or cities, or any combination thereof,
					 that are authorized to contract for services for the detention and confinement
					 of categories of offenders in single or regional jail facilities operated by
					 the contracting jurisdictions. In addition (i) any three or more counties,
					 cities, or towns, or any combination thereof, operating a jail facility
					 pursuant to an agreement for cooperative jailing established on or before
					 January 31, 1993; (ii) any existing regional jail facility established by only
					 two cities, counties, or towns on or before June 30, 1982; and (iii) any
					 regional jail facility established by only two contiguous counties whose
					 boundaries are not contiguous by land with the boundaries of any other county
					 in the Commonwealth, may participate under the provisions of this section. The
					 board shall promulgate regulations specifying the categories of offenders that
					 may be served pursuant to the contracts provided for herein.
"Rehabilitation release" means an approved absence from the
					 facility for the purposes of participating in a rehabilitation program.
"Security staff" means those officers who have completed
					 on-the-job training and whose primary responsibilities are the safety and
					 security of the facility and inmates.
"Sharps" means any medical or dental instrument (lancet,
					 needle, syringe, scalpel, etc.) stored and used within the facility.
"State offender" means an individual sentenced to a term of
					 incarceration in accordance with § 53.1-20 of the Code of Virginia. For the
					 purpose of 6VAC15-40-230 and
					 6VAC15-40-240 relative to work
					 release, educational release or rehabilitation release, a state offender shall
					 be defined in terms of the intake schedule pursuant to § 53.1-20 of the Code of
					 Virginia.
"Trained" means completion of on-the-job training
					 including, at a minimum, the following topics: key control, count procedures,
					 emergency plans, first aid and CPR, universal precautions, suicide prevention,
					 use of force, emergency communication, and security operations. A supervisor or
					 field training officer current in Basic Jail Training shall verify in writing
					 the individual has received on-the-job training and is competent in said
					 training. The scope and breadth of the training shall be at the discretion of
					 the sheriff or facility administrator.
"Twelve months" means no later then the last day of the
					 same month each year.
"Universal precautions" means a set of procedural
					 directives and guidelines detailing placing barriers between staff and all
					 blood and bodily fluids. These directives include provisions for protective
					 barrier devices, standardized labeling of biohazards, mandatory training of
					 employees in universal precautions, management of exposure incidents, and the
					 availability of immunization for employees against Hepatitis B.
"Virginia Department of Health inspection" or "VDH
					 inspection" means the required 12-month inspection conducted by the VDH.
"Volunteer" means an individual who provides services to
					 the facility without compensation.
"Work release" means full-time employment or participation
					 in suitable vocational training programs.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.