West Virginia Code of State Rules › Agency 95 - Jails And Prisons Standards Commission › Title 95 - LEGISLATIVE RULE JAIL AND CORRECTIONAL FACILITY STANDARDS COMMISSION › Series 95-01 - WV Minimum Standards For Construction, Operation, And Maintenance Of Jails › Section 95-1-17 - Communication, Mail and Visitation

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