reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-02 - Minimum Standards For Construction, Operation And Maintenance Of Correctional Facilities › Section 95-2-25 - Social Services

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-02 - Minimum Standards For Construction, Operation And Maintenance Of Correctional Facilities › Section 95-2-26 - Release Preparation and Temporary Release

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-02 - Minimum Standards For Construction, Operation And Maintenance Of Correctional Facilities › Section 95-2-27 - Citizen Involvement and Volunteers

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-2 - Administration, Organization, and Management

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-3 - Fiscal Management

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-5 - Training and Staff Development

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-6 - Management Information and Research

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-7 - Inmate Records

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-8 - Physical Plant

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-9 - Safety and Emergency Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-10 - Sanitation and Hygiene

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-11 - Security and Control

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-12 - Food Service

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-15 - Inmate Rules and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-18 - Admission, Orientation, Property Control and Release

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-19 - Classification

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › Section 95-3-20 - Inmate Work Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-21 - Administration, Organization, and Management

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-22 - Fiscal Management

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-23 - Training and Staff Development

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-24 - Inmates Records

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-25 - Physical Plant

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-26 - Sanitation and Hygiene

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-33-27 - Security and Control

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-28 - Food Service

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-30 - Inmates Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-03 - Minimum Standards For Construction, Operation And Management Of Holding Facilities › 12-HOUR HOLDING FACILITIES › Section 95-3-31 - Inmates Rules and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
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.