reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-03 - Criteria And Procedures For Determination Of Cost Per Day For Inmates Incarcerated In Regional Jails Opeated By The Authority › Section 94-3-6 - Preparation And Distribution Of Monthly Statements Of Costs Incurred

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Authority shall prepare a monthly statement of charges for each entity for which an inmate is maintained in a regional jail. Each monthly statement of charges will include the name of any inmate maintained in the regional jail, the number of days during the billing month the inmate was maintained, and the total charges for inmate maintenance during the billing month.
6.2. The monthly statements of costs incurred shall be due and payable upon receipt by the responsible entity.
6.3. The Executive Director, on behalf of the Authority, may initiate legal action to collect any debts resulting from the failure of a responsible entity to make prompt payment of billed charges.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-03 - Criteria And Procedures For Determination Of Cost Per Day For Inmates Incarcerated In Regional Jails Opeated By The Authority › Section 94-3-7 - Allocation Of Costs For Inmates Sentenced To The Division Of Corrections

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The county shall be responsible for costs incurred by regional jails for housing and maintaining inmates in regional jails who have not been lawfully sentenced to the custody of the Commissioner of Corrections.
7.2. The county shall be responsible for the costs incurred by the regional jails for housing and maintaining inmates who, prior to sentencing, are waiting transportation to a state correctional facility for a sixty day evaluation period as provided in W. Va. Code, §
									62-12-7.
7.3. The Division of Corrections is responsible for the costs incurred by the regional jails for housing and maintaining inmates who have been sentenced to the custody of the Division of Corrections beginning the calendar day following the day the commitment order has been Entered: Provided, that the Circuit Clerk of the county from which the commitment order has been entered shall immediately transmit by facsimile machine an advance copy of the certified commitment order to the Division of Corrections and to the Regional Jail to which the inmate was confined.
7.4. The Division of Corrections is responsible for the costs incurred by the regional jails for housing and maintaining inmates who have been held on a parole violation warrant.
7.5. The Division of Corrections is responsible for the costs incurred by the regional jails for housing and maintaining Inmates who have been returned to the regional jail under court order: Provided, however, that the county from which the inmate was charged shall be responsible for the per diem costs in the event that a court of competent jurisdiction shall set aside or vacate the order of commitment to the Division of Corrections, from the date of said order or the return of the inmate to the regional jail, whichever is later. The Regional Jail may provide transportation of such inmates from the correctional facility to the regional jail when such transportation can be provided without undue hardship upon the regional jail, its staff or operating budget: Provided, that the order from the court of competent jurisdiction has stipulated that the regional jail is responsible for the transportation of the inmate.
7.6. The costs incurred by the regional jails for housing and maintaining inmates who are being held as a fugitive from justice from another jurisdiction shall be billed to the fugitive's original jurisdiction: Provided, that the costs incurred by the regional jails for housing and maintaining any person who is arrested and confined on the basis of the commission of a new crime shall be billed to the arresting county until such time as the pending West Virginia charges have been properly resolved.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-03 - Criteria And Procedures For Determination Of Cost Per Day For Inmates Incarcerated In Regional Jails Opeated By The Authority › Section 94-3-8 - Extraordinary Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If the actual operational costs exceed the approved schedule of operational expenditures by more than ten per centum (10%) in a line item, a temporary surcharge will be added to the cost per inmate day in an amount sufficient to cover the actual expenditures.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-03 - Criteria And Procedures For Determination Of Cost Per Day For Inmates Incarcerated In Regional Jails Opeated By The Authority › Section 94-3-9 - Settlement Statement

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. At the end of each fiscal year, a settlement statement may be prepared by the Authority.
9.1.1. If collected revenues exceed the total operational expenditures, any remaining balance may be credited to the responsible entity on the same basis as payments were received.
9.1.2. If collected revenues are less than total operational expenditures, the settlement statement may reflect a balance due and payable to the Authority from the responsible entity.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-04 - Regulations establishing criteria For identifying And evaluating potential sites For private prisons › Section 94-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The enactment of W. Va. Code '25-5-10(a) requires the Regional Jail and Correctional Facility Authority to promulgate legislative rules for the conduct of public hearings prior to the establishment of private prisons in the State of West Virginia. Provisions of related sections of article five, namely, sections five and seven, require the approval of the Authority prior to the construction, modification, lease or alteration of a private prison facility.
1.2. Authority. -- W. Va. Code '25-5-10(a).
1.3. Filing Date. -- April 17, 1991.
1.4. Effective Date. -- April 17, 1991.
1.5. Repeal of Former Rule. -- No former rule is repealed by this filing; the legislation authorizing these rules and regulations was enacted on March 7, 1990, effective from passage.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-04 - Regulations establishing criteria For identifying And evaluating potential sites For private prisons › Section 94-4-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application and Enforcement. These legislative rules and regulations shall apply to the West Virginia Regional Jail and Correctional Facility Authority, its board, and person, individual or corporation desiring to establish or operate a private prison facility in West Virginia and any and all persons desiring to participate in a public hearing conducted concerning the establishment or operation of a private prison facility in West Virginia. The enforcement of these regulations shall be vested with the Chairman of the West Virginia Regional Jail and Correctional Facility Authority and its Executive Director.
2.2. Application by individual, partnership, corporation, unincorporated association or other nongovernmental entity for public hearing. Any individual, partnership, corporation, unincorporated association or other nongovernmental entity, who has applied to the Secretary of Public Safety for approval to operate a private prison facility as a private prison vendor, as defined in W. Va. Code '25-5-4, may petition the Authority for a public hearing on the selection of a site for a private prison facility. The Authority may, if satisfied that the holding of a public hearing is in the best interests of the State, schedule such public hearing. The Authority shall give credence to the following factors in reaching its decision on the question of holding a public hearing and may consider such other factors as may be deemed relevant to the specific petition:
2.2.1. The prior experience of the petitioner in the field of corrections;
2.2.2. The financial stability of the petitioner;
2.2.3. The status of contracts or contract negotiations with contracting agencies, whether foreign or domestic, for the housing of inmates in the proposed private prison facility; and,
2.2.4. The demonstrated viability of the proposed private prison facility.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-04 - Regulations establishing criteria For identifying And evaluating potential sites For private prisons › Section 94-4-3 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Definitions generally. -- Terms used in these regulations shall be considered to have the same meaning as they are defined in W. Va. Code '25-5.
3.2. Authority. -- Authority shall mean the West Virginia Regional Jail and Correctional Facility Authority, its Board and its staff.
3.3. Private Prison Facility. -- Private Prison Facility shall mean any facility, institution or program operated by any individual, partnership, corporation, unincorporated association or any other nongovernmental entity for the confinement of adult persons charged with or guilty of the commission of a criminal offense under the laws of United States of America, the State of West Virginia, or any other state of the United States.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-04 - Regulations establishing criteria For identifying And evaluating potential sites For private prisons › Section 94-4-4 - Public Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Public Hearings. -- Before granting the approvals required by sections five and seven of article five of chapter twenty-five of the code, the Regional Jail and Correctional Facility Authority shall hold a public hearing and shall receive comment upon the establishment and operation of such private prison facility. Provided, that the private prison to be established at the former Spencer state hospital has been granted legislative exemption from the requirements for public hearings.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-04 - Regulations establishing criteria For identifying And evaluating potential sites For private prisons › Section 94-4-5 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Authority shall give notice to the public of the date, time and place of any public hearing to be held under these rules and regulations by publication of a Class II Legal Advertisement in a newspaper of general circulation in the county proposed as the location of the private prison facility. The Authority shall have the notice first published at least ten (10) days in advance of the hearing. The notice shall contain the following information:
5.1.1. A statement of the date, time and place of the public hearing;
5.1.2. A physical description of the proposed private prison facility;
5.1.3. A description of the information to be provided by the proposer of the private prison facility at the public hearing; and,
5.1.4. The location of drawings, plats, or additional information concerning the proposed private prison facility.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-04 - Regulations establishing criteria For identifying And evaluating potential sites For private prisons › Section 94-4-6 - Conduct of Public Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Public Hearing shall be moderated by a member of the Authority or its staff. The private contractor applying for approval shall prepare and present such information as may be necessary to explain the proposed private prison facility, the intended use of such private prison facility and the impact of the private prison facility upon the community in which the private prison facility is to be located.
6.2. The Public Hearing shall begin with a presentation by the applicant. The presentation shall include, but not be limited to, the following information:
6.2.1. A description of the project;
6.2.2. A description of the social, economic and environmental effects of the project;
6.2.3. Maps, drawings, plats or renderings of the proposed physical plant;
6.2.4. Detailed description of the programs to be offered and persons to be served by the project; and,
6.2.5. A description of the alternative courses of action considered by the applicant.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-04 - Regulations establishing criteria For identifying And evaluating potential sites For private prisons › Section 94-4-7 - Criteria for Identifying and Evaluating Potential Sites for Private Prisons

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Authority shall, in the approval of sites for private prison facilities, review proposals from private providers and give consideration to the following factors:
7.1.1. Adequacy of size and configuration of the proposed site for the intended use;
7.1.2. Economic impact of the proposed use of the site;
7.1.3. Accessibility of the site to services, personnel and visitors necessary to operate a correctional program in compliance with current standards;
7.1.4. Community acceptance of the intended use;
7.1.5. Availability of utilities and the impact of the proposed use upon the availability of utilities to the community; and,
7.1.6. Consistency of the proposed project with the applicable sections of the current edition of the West Virginia Minimum Standards for the Construction, Maintenance and Operation of Prisons, Jails or Holding Facilities and the specific requirements of W. Va. Code '25-5-9.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-05 - Handbook Of Inmate Rules And Procedures › Section 94-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- W. Va. Code '31-20-5(v) 1931, as amended, authorizes the West Virginia Regional Jail ad Correctional Facility Authority to operate regional jails. The Authority has, for the internal management of such facilities, developed a Handbook of Inmate Rules and Procedures which is used throughout the regional jails to specify permitted and proscribed behaviors for inmates and to specify consequences for violations of the rules of inmate behavior.
1.2. Authority. -- W. Va. Code ''31-20-5(v) and 29A-1-3(c).
1.3. Filing Date. -- August 9, 1994.
1.4. Effective Date. -- October 8, 1994.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-05 - Handbook Of Inmate Rules And Procedures › Section 94-5-2 - Adoption by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Handbook of Inmate Rules and Procedures was published in June, 1994 and serves as the basis for internal discipline in the regional jails. Said publication if hereby adopted by reference.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-06 - Furlough Program For Regional Jails › Section 94-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes a furlough program for qualified inmates under the custody and control of the West Virginia Regional Jail and Correctional Facility Authority to attend funerals or make hospital visits to terminally ill immediate family members, as defined below.
1.2. Authority. -- W. Va. Code §
									31-20-29.
1.3. Filing Date. -- March 20, 2008.
1.4. Effective Date. -- March 21, 2008..
1.5. Repeal and Replace. -- None.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-06 - Furlough Program For Regional Jails › Section 94-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Classification. - A process for determining the appropriate security placement and special needs of the inmate population in order to provide a safe, secure and humane correctional system for the public, staff and inmates.
2.2. Furlough. - An authorized escorted or unescorted absence from actual confinement within a Regional Jail for a funeral or death bed visit, to a specific place, under specific conditions, and for a specific period of time.
2.3. Unescorted absence. - An approved absence from the Regional Jail during which the inmate is not accompanied by a Correctional Officer.
2.4. Escorted absence - An approved absence from the Regional Jail during which the inmate is accompanied by a Correctional Officer(s), which said transport is in compliance with the West Virginia Regional Jail and Correctional Facility Authority's Policy and Procedures concerning inmate transportation.
2.5. Immediate Family. - Parents, children, siblings, and spouses.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-06 - Furlough Program For Regional Jails › Section 94-3-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule is applicable to all Regional Jail Facilities that house adult inmates.
3.2. This legislative rule does not apply to any inmate(s) incarcerated under the jurisdiction of the United States Marshals Service, the Federal Bureau of Prisons, or the Immigration and Naturalization Service or any other federal incarcerating agency, inmates held on detainers from other states, or held for the benefit of any jurisdiction outside of the sovereignty of the State of West Virginia.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-06 - Furlough Program For Regional Jails › Section 94-6-4 - Eligibility for Furlough Consideration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Eligibility for furloughs shall include:
4.1.1. This rule is applicable to inmates whose overall custody classification is minimum, and who in the opinion of the Chief of Operations or designee classifies as minimal risk to the general public.
4.1.2. An inmate must serve at least thirty (30) days in the Regional Jail and have no findings of misconduct during the preceding six (6) months.
4.1.3. For inmates sentenced to the Division of Corrections, they must comply with the Division of Corrections policies, procedures and agreement with the Authority. The Commissioner of the Division of Corrections or designee must first grant the authority and consent, and make necessary provisions for a furlough.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-06 - Furlough Program For Regional Jails › Section 94-6-5 - Furlough Requests; Contract; Costs; Notification of Counties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The West Virginia Regional Jail and Correctional Facility Authority will designate a Furlough Officer for each regional jail facility to review and handle the requests.
5.2. Reporting requirements, rules, regulations, and special conditions shall be in the form of a contract. The contract shall inform the inmate that his or her conduct will be monitored by the facility while he or she is on furlough.
5.3. The inmate shall be responsible for the costs of an escorted furlough, to include mileage costs at the state travel regulations rate, and the costs of staff providing security, which shall be projected and a part of the furlough contract. The inmate shall be responsible for a $10.00 administration fee for processing the furlough.
5.4. Upon receiving a valid request for a furlough from an eligible inmate, the Furlough Officer shall notify the Prosecuting Attorney, Sheriff, in the sentencing counties, as well as the Sheriff in the county to which furlough is requested, if different, that the inmate may be eligible to receive furlough privileges beginning on a particular date.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-06 - Furlough Program For Regional Jails › Section 94-6-6 - Procedure for violations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Chief of Operations or his or her designee may cancel an inmate's furlough for any violation of the terms and conditions of the furlough or rules of conduct.
6.2. The Chief of Operations or his or her designee may discipline inmates who violate the terms and conditions of a furlough in accordance with Authority policy.
6.3. Violation of Contract Conditions of Furlough: Any inmate who fails to timely return from a furlough, or absconds from the custody of Regional Jail transportation officers, shall be considered to have escaped and charged accordingly.
6.5. The Chief of Operations or his or her designee shall report to the appropriate law enforcement authority for prosecution under the applicable statute any violation of conditions of a furlough that is a violation of Federal or State Law.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-07 - Criteria and Procedures for Determination of Projected Cost Per Day for Inmates Incarcerated in REgional Jails Operated by the Authority › Section 94-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- This legislative rule applies to the Regional Jail and Correctional Facility Authority, and to counties, municipalities, the West Virginia Division of Corrections, and any other entity by whose authority inmates are incarcerated and maintained in regional jails operated by the West Virginia Regional Jail and Correctional Facility Authority. The enforcement of this rule rests with the Executive Director of the Regional Jail and Correctional Facility Authority. W. Va. Code §
									31-20-10(h) requires the West Virginia Regional Jail and Correctional Facility Authority to develop an operational cost per day for inmates incarcerated in regional jails. This rule allocates resources and services necessary to protect the public safety by properly funding West Virginia's Regional Jail system.
1.2. Authority. -- W. Va. Code §
									31-20-10(h).
1.3. Filing Date. -- March 27, 2014.
1.4. Effective Date. -- April 28, 2014.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-07 - Criteria and Procedures for Determination of Projected Cost Per Day for Inmates Incarcerated in REgional Jails Operated by the Authority › Section 94-7-2 - Calculation of Projected Cost Per Inmate Day

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Authority shall establish a uniform statewide per diem for housing persons in the Regional Jail system. The per diem shall be established using the Regional Jail system as a whole of all the regional jails combined.
2.2. Annually, the Regional Jail and Correctional Facility Authority shall establish an expenditure schedule, consistent with the requirements of W. Va. Code §
									31-20-10a
et.seq
. for the operation of the Regional Jail system. This schedule will cover all operational costs including, but not limited to personal services, employee benefits, public employees insurance reserve fund, current expenses, liquidity reassurance reserve, repairs and alterations and assets, as well as budgetary cost adjustments and all requirements of the State Budget Office. In calculating the schedule, the Authority may include moneys for an operational reserve fund:
Provided
, that moneys budgeted for the operational reserve fund may not exceed the amount of actual operational expenditures incurred during a three month period in the preceding fiscal year;
Provided
,
however,
that such three month period must be the three month period with the lowest operational expenditures for any three month period in the preceding fiscal year.
2.3. The projected expenditure schedule will be divided by the previous fiscal year's billed average daily inmate population to yield the preliminary projected cost per inmate day. The West Virginia Regional Jail and Correctional Facility Board, established under W. Va. Code §
									31-20-3, shall evaluate the preliminary projected cost per inmate day to determine if reductions can be implemented based on other revenues, cash reserves, and cost efficiency efforts. The Board may reduce the preliminary projected cost per inmate day based on adopting a fiscally sound annual operating budget.
2.4. The Board's approved cost per inmate day shall then become effective as of July 1st of the next fiscal year's budget following the October projection.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-07 - Criteria and Procedures for Determination of Projected Cost Per Day for Inmates Incarcerated in REgional Jails Operated by the Authority › Section 94-7-3 - Annual Statement of Projected Cost Per Inmate Day

Current through Register Vol. XLI, No. 28, July 12, 2024
In October of each year, an annual statement of projected cost per inmate day will be provided, upon request, to any billed entity who has or may have an inmate incarcerated in a regional jail.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-07 - Criteria and Procedures for Determination of Projected Cost Per Day for Inmates Incarcerated in REgional Jails Operated by the Authority › Section 94-7-4 - Preparation and Distribution of Monthly Billing Statements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Authority shall prepare a monthly billing statement, which, at a minimum, will include the name of the inmate, incarceration dates, the number of days the inmate was housed in a regional jail during the billing month, and the total charges per entity for inmate maintenance during the month.
4.2. The monthly billing statement shall be due and payable upon receipt.
4.3. The Executive Director, on behalf of the Authority, may initiate legal action to collect any debts resulting from the failure of a responsible entity to make prompt payment of billed charges per entity.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-08 - Work Program For Regional Jail Inmates › Section 94-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes a work program for qualified inmates under the custody and control of the West Virginia Regional Jail & Correctional Facility Authority.
1.2. Authority. -- W. Va. Code §
									31-20-31.
1.3. Filing Date. -- March 20, 2008.
1.4. Effective Date. -- March 21, 2008.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-08 - Work Program For Regional Jail Inmates › Section 94-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Qualified Inmate. - An inmate who classifies as low risk to facility security and public safety as determined through selection criteria set forth in Regional Jail Authority policy to participate in a work program.
2.2. Work Program. - A program to provide qualified inmates with community service work projects with governmental entities, non-profit organizations or be employed with local businesses. The program is designed for life skills development, offender accountability and restorative justice which entails offenders giving back to the communities.
2.3. Classification. - A process for determining the appropriate security placement and special needs of the inmate population in order to provide a safe and humane correctional system for the public, staff and inmates.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-08 - Work Program For Regional Jail Inmates › Section 94-8-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule is applicable to inmates housed in the WV Regional Jails.
3.2. Division of Corrections inmates domiciled at a Regional Jail may be eligible for consideration for work programs, provided that the Commissioner of Corrections or his or her Designee first determines the eligibility of the inmate for participation in the work program and consents to such inmate's participation.
3.3. This legislative rule and the work program does not apply to any inmates incarcerated under the jurisdiction of the United States Marshals Service, the Federal Bureau of Prisons, the Immigration and Customs Enforcement Service or any other federal incarcerating agency, inmates held on detainers from other states, or held for the benefit of any jurisdiction outside of the sovereignty of the State of West Virginia.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-08 - Work Program For Regional Jail Inmates › Section 94-8-4 - Eligibility, Terms and Conditions for Work Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To be eligible to participate the inmate must:
4.1.1. Be classified minimum custody and be reviewed by a Work Assignment Committee.
4.1.2. Have a sentence of at least 30 days.
4.1.3. Have a completed conducted review and the classification staff have deemed the inmate's conduct to be appropriate for a community work program, in accordance with the classification policies.
4.1.4. Inmates sentenced to the Division of Corrections must first be approved by the Commissioner or his or her Designee, and consent must be given by him/her.
4.1.5. Not be convicted of a sexual offense or violent felony are not eligible for a work program.
Inmates who violate Rules of Conduct or terms and conditions of the work program may be subject to removal from the program and disciplinary action in accordance with policy and procedures.
Inmates denied participate on a work program may appeal through the Regional Jail Authority Inmate Grievance Procedure.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-08 - Work Program For Regional Jail Inmates › Section 94-8-5 - Financial Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Administrator or his or her Designee of each Regional Jail shall receive, receipt and take charge of the money of all inmates, all money sent to the inmates or earned by the inmates as compensation for work performed.
5.2. The money of all inmates shall be maintained as set forth in West Virginia Code § 31-20-31.
5.3. For each inmate sentenced to the Division of Corrections participating in a work program authorized by this section, the Administrator or his or her Designee of the Regional Jail shall keep in an account at least ten percent of all money earned during the inmate's incarceration and pay the money to the inmate at the time of the inmate's release.
5.4. The Executive Director shall direct the Administrator or his or her Designee to deduct from the inmate's income, for distribution, an amount not to exceed forty (40) percent in the aggregate for: an administrative fee of $1.00, court-ordered financial obligations including, but not limited to, court fees, victim restitution, child support obligations owed under a support order and liens.
5.4.1. The following is a general guideline for distribution:
Administrative fee of $1.00;
20% Child Support Enforcement;
10% Victim Restitution;
10% Court Fees/Court-ordered deductions, etc.
5.4.2. If one item is not owed, then the allowance for that item is to be split equally between the remaining deductions. If only one deduction is owed, then the full 40% will be paid to the deduction.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-09 - Charges Assessed Against Inmates For Services Provided By Regional Jail, Medical Co-Payment › Section 94-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - The purpose of this policy is to enact a program, in compliance with WV Code 31-20-5f, for charging inmates certain services. It shall be the policy of the West Virginia Regional Jail and Correctional Facility Authority to provide medical services to incarcerated individuals in compliance with current West Virginia Law and in such a manner to respect human dignity. It shall be the policy of the West Virginia Regional Jail and Correctional Facility Authority to require a co-payment for certain medical services of a non-emergency nature provided by the Authority or by the contractual health care provider.
Policy Goals B (1) To encourage responsible utilization of Health Services by the inmate population with requesting medical, psychological, dental and optometrical services (2) to enable medical personnel to devote time to essential medical functions, and (3) to minimize frivolous sick call requests.
1.2. Authority. - W.Va. Code 31-20-5f
1.3. Filing Date. - July 16, 2010
1.4. Effective Date. - August 16, 2010
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-09 - Charges Assessed Against Inmates For Services Provided By Regional Jail, Medical Co-Payment › Section 94-9-2 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Co-payment: The fee paid by the inmate for health care services for assessment of complaint and/or treatment by a licensed health care provider while incarcerated and serving a sentence in a regional jail.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-09 - Charges Assessed Against Inmates For Services Provided By Regional Jail, Medical Co-Payment › Section 94-9-3 - Inmate Notification and Medical Access

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 Each regional jail will inform all inmates prior to implementation of the inmate medical co-payment procedure.
3.2. Written procedures will ensure that inmates have the opportunity to request medical assistance in accordance with West Virginia Regional Jail and Correctional Facility Authority's Policy and Procedures.
3.3. No inmate will be denied necessary medical treatment because of insufficient funds to cover co-payment.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-09 - Charges Assessed Against Inmates For Services Provided By Regional Jail, Medical Co-Payment › Section 94-9-4 - Procedures for Request of Health Care Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Health care services requests are made through established institutional procedures. Each regional jail shall maintain and make available to inmates all procedures and pertinent information regarding access to health care.
4.1.a. The inmate requesting health care services must follow the policies and procedures of thp regional jail.
4.1.b. Charges for services will be levied against the inmate's account. In those cases where the inmate has insufficient funds, the inmate's account will be placed in a negative balance. If, in the future, funds are placed in the account, the medical fees will be deducted at that time. Upon transfer to another regional jail or institution or facility, any negative balance will follow the inmate to the receiving institution or facility and shall be collected by that institution. Funds collected for medical services will be periodically redeposited in the Regional Jail's operational account.
4.1.c. Referral to the doctor from the nurse or physicians assistant will not be an additional charge, however, referrals to see the doctor by the inmate after seeing the nurse or physicians assistant will result in the inmate being charged for the nurse/physicians assistant and doctor visit.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-09 - Charges Assessed Against Inmates For Services Provided By Regional Jail, Medical Co-Payment › Section 94-9-5 - Exempt Areas for Co-Payment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Emergency Service: Emergency services are those necessary to prevent death, severe or permanent disability, to alleviate or lessen objectively apparent and disabling pain, or an emerged service following a traumatic injury other than a self-induced injury.
5.2. Diagnosis and Treatment of Communicable Diseases: Communicable diseases include tuberculosis (TB), the Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome and other communicable diseases as defined by the West Virginia Department of Health.
5.3. Diagnosis and necessary mental health treatment based on a clinical determination of mental illness.
5.4. Follow-up Health Care Services: Follow-up health care services are defined as any order by a member of health care staff to provide subsequent health care services.
5.5. Health Care Services Necessary to Comply with West Virginia Law and Regulations: These health care services include, but are not limited to, the annual inmate TB testing.
5.6. Initial Inmate Health Screening Evaluations.
5.7. Hospice Care.
5.8. Chronic Care Clinics: Patients participating in chronic care clinics after being diagnosed and assigned to a specific chronic care clinic or clinics, e.g. cardiac, hypertensive, diabetic lung. Unexcused missed scheduled chronic care appointments will be chargeable.
5.9. Excusable Missed Appointment: No charge will be entered for excused missed appointments due to security reasons such as lock downs, emergency situations, conflicting court appointment, dental, medical, mental health or absence of health care provider.
5.10. Necessary daily medication distribution or "pill pass."
5.11. Necessary daily blood sugar checks or other daily treatment necessary for treatment of a chronic medical condition.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-09 - Charges Assessed Against Inmates For Services Provided By Regional Jail, Medical Co-Payment › Section 94-9-6 - Co-Payment Chargeable Encounters and Items

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The following Health Services will require payment:
6.1.a. Nurse sick call or visit.
6.1.b. Any non-emergency visit to the health care unit for treatment by a nurse.
6.1.c. Any self-induced injury or illness requiring nurse, doctor or other specialist.
6.1.d. Missed unexcused scheduled appointment, to include doctors call, optometry, x-ray, dental or chronic care clinic.
6.1.e. New complaint presented at chronic care clinic or other appointment, not related to the appointment.
6.1.f. Scheduled non-referred doctor's call.
6.1.g. Scheduled non-referred optometric visit.
6.1.h. Non-emergency / scheduled dental visit.
6.1.i. Prescription fee per prescription excluding chronic care prescriptions for chronic care patients.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-09 - Charges Assessed Against Inmates For Services Provided By Regional Jail, Medical Co-Payment › Section 94-9-7 - Co-Payment for Non-Exempt Services

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Inmate who receives non-exempt medical services shall be assessed a co-payment fee of five dollars ($5.00) per non-exempt medical service.
7.2. The charge shall be deducted directly from the inmate's trustee account.
7.3. Each month the inmate shall receive a written accounting of any amounts deducted for medical services.
West Virginia Code of State Rules › Agency 94 - Regional Jail And Correction Facility Authority › Title 94 - PROCEDURAL RULE REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY › Series 94-09 - Charges Assessed Against Inmates For Services Provided By Regional Jail, Medical Co-Payment › Section 94-9-8 - Inmate Grievance Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Inmates may challenge any fee assessed through the Inmate Grievance Procedure identified in 94-CSR-5.
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 95-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This legislative rule establishes
				minimum standards and procedures for jail facilities in West Virginia. The
				standards as developed for construction, operation and maintenance of jail
				facilities only apply to jail facilities completed after April 5, 1988, but
				shall serve as guidelines for any jail facility in operation before that
				date.
1.2. Authority. W. Va. Code
				'31-20-9.
1.3. Filing date. March
				27, 1996.
1.4. Effective date. June
				3, 1996.
1.5. Repeal of former
				rule. This legislative rule repeals and replaces 95CSR1 "West Virginia Minimum
				Standards for Construction, Operation, and Maintenance of Jails" which was
				filed on March 28, 1995 and which became effective on March 28, 1995.
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 95-1-2 - 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 shall be made available to staff, inmates and the
				general public.
2.2. Jail
				Administrator. The jail facility shall be managed by a single administrator to
				whom all employees or units of management are responsible.
2.3. Appointment. The jail facility
				administrator shall be appointed by the chief executive officer or governing
				board of the authority having jurisdiction.
2.4. Qualifications. The educational,
				operational and administrative qualifications of the jail facility
				administrator shall be stated in writing and include, at a minimum, a
				bachelor's degree and/or three years of experience and training at the
				supervisory level.
2.5. Term. The
				term of the jail facility administrator shall be continuous, except for
				assignment to a position of equal responsibility, and may be terminated by the
				appointing authority only for good cause, and if requested, subsequent to a
				formal and open hearing on specific charges.
2.6. Outside agencies. There shall be policy
				which is reviewed annually which specifies the roles and functions of employees
				of other agencies which provide a service to the jail facility.
2.7. Organization subunits. There shall be a
				written plan with an organization chart which describes the facility's
				organization structure and which groups similar functions, services and
				activities into administrative subunits. This plan shall be reviewed at least
				annually and updated as needed.
2.8. Operations manual. There shall be a
				written operations manual that delineates the procedures for operating and
				maintaining the jail facility. The operations manual shall be made available to
				employees, reviewed annually and updated as needed.
2.9. Legal assistance. Legal assistance shall
				be available to the administrator and other staff as needed in the performance
				of their duties.
2.10. Authority
				to release. When the facility is designated to operate any type of pretrial
				intervention service or other release program, its authority and responsibility
				is stated by statute or administrative
				regulation.
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 95-1-3 - Fiscal Management

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Budgetary
				system. The budgetary system shall link operations and activities to the cost
				necessary for their support.
3.2.
				Fiscal system. The fiscal system shall account for all income and expenditures
				on an ongoing basis.
3.3.
				Accounting procedures. The methods used for collection, safeguarding and
				disbursement of monies shall comply with accounting procedures established by
				the appropriate jurisdiction.
3.4.
				Minimum policies. The jail facility shall have written policies and procedures
				approved by the parent agency that includes, at a minimum:
a. Internal controls;
b. Petty Cash procedures;
c. Bonding for all appropriate
				staff;
d. Signature control on
				checks;
e. Handling of inmate
				funds;
f. Employee expense
				reimbursement; and,
g. Issuance or
				use of vouchers.