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 95-3-14 - Inmates Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Access to
				Courts. Inmates shall have unlimited access to courts and be allowed to address
				uncensored communication to governmental authorities. Inmates seeking judicial
				or administrative redress shall not be subjected to reprisals or penalties as a
				consequence.
14.2. Attorneys.
				Sentenced and unsentenced inmates shall have access to attorneys or their
				representatives, para-legals, and experts. Attorney/client interview rooms with
				privacy shall be provided. Provision shall be made for contacts during normal
				facility hours, for uncensored correspondence and telephone
				communication.
14.3. Access to
				Paper and Supplies. Inmates shall have access to paper and other supplies
				related to legal matters. Inmates shall be provided reasonable access to the
				services of a notary public for legal documents and other general purposes.
				There shall be no restricting or interfering with jailhouse lawyers or with
				inmates attempting to assist other inmates in legal matters, or in preparing
				written communications. Facility staff shall ensure that such interaction of
				inmates can occur to the maximum extent possible, subject only to legitimate
				safety and security concerns.
14.4.
				Voting. Facility officials shall offer inmates on pretrial status and those
				convicted of a misdemeanor the opportunity to exercise their right to vote.
				Inmates shall be advised of their right to vote.
14.5. Religious Observance. Inmates shall
				have reasonable opportunities to practice their religions, be permitted visits
				by spiritual advisors at reasonable times, subject to security concerns.
				Provisions shall be made for access to clergy or spiritual advisors,
				publications and religious symbols, and for opportunities to adhere to dietary
				and other requirements of various faiths.
14.6. Discrimination. Each inmate shall be
				free from discrimination based on race, religion, national origin, sex,
				handicap, or political beliefs. There shall be no discrimination in regard to
				the rights and privileges, restrictive housing, or any other amenities afforded
				to inmates.
14.7. 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 shall be used. Administrative segregation shall be used to protect
				inmates from themselves or other inmates.
14.8. Appearance. Inmate appearance shall not
				be limited unless it presents clear health, safety or security
				hazards.
14.9. Grievance Procedure.
				The facility shall have a written grievance procedure explained and available
				to all inmates and staff. 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 procedures 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.