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 95-2-11 - Special Management Inmates

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