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 95-3-17 - Special Management Inmates

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