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 95-1-12 - Special Management Inmates

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Operation
				of segregation units. Written policies and procedures shall provide for the
				operation of segregation units for the supervision of inmates under
				administrative segregation, protective custody or disciplinary
				detention.
12.2. Immediate
				segregation. Only the facility administrator or his or her designee can order
				immediate segregation of an inmate and then only when it is necessary to
				protect the inmate or others.
12.3.
				Disciplinary detention. Inmates shall be placed in disciplinary detention for a
				rule violation only after a hearing by the appropriate committee, or hearing
				officer, and when no other available alternative dispositions are adequate to
				regulate the inmate's behavior within acceptable limits and the inmate's
				presence in the general population poses a serious threat to the orderly
				operation or security of the jail facility.
12.4. Administrative segregation. Inmates
				shall be placed in administrative segregation only after a hearing before the
				jail facility administrator or shift supervisor, classification committee, or
				other standing committee specifically designated for this purpose.
12.5. Administrative segregation hearing.
				Placement in administrative segregation should be preceded by the inmate
				receiving notice of intended placement, appearance at the hearing and an
				opportunity to present his or her case to the hearing officer(s).
12.6. Review of administrative segregation.
				The status of the inmate shall be reviewed at least every fifteen (15) days to
				determine whether the reasons for initial placement in segregation continue to
				exist. If the reasons do not, the inmate shall be released from
				segregation.
12.7. Release and
				appeal from administrative segregation. An inmate shall be released from
				administrative segregation by action of the appropriate committee with
				jurisdiction over the inmate's placement in this status, or an appeal to the
				jail facility administrator or appropriate supervisory authority.
12.8. Protective custody. An inmate shall be
				admitted to the segregation unit for purposes of protective custody only when
				there is documentation that protective custody is warranted and no reasonable
				alternatives are available. Protective custody shall be used only for short
				periods of time, except when an inmate needs long-term protection, and the
				facts are well documented. When an inmate consents to protective custody, his
				or her consent shall be fully documented with a consent form signed by the
				inmate. The inmate may at any time request reassignment to the general inmate
				population.
12.9. Review of
				protective custody. Inmates in protective custody shall have their status
				reviewed by the appropriate personnel at least every fifteen (15) days.
12.10. Appeal of protective
				custody. When inmates are placed in protective custody an appeal process shall
				be provided to the jail facility administrator or an appropriate supervisory
				authority.
12.11. Isolation. The
				responsible physician shall approve a plan guiding the use of restraints in
				isolation. For an inmate to be kept in isolation for more than twenty-four (24)
				hours, a physician or mental health professional shall determine upon
				evaluation that the inmate is a threat to himself or herself or others.
				Transfer of the inmate to a hospital or state institution may be appropriate.
				Isolation shall be reviewed as soon as possible by the jail facility supervisor
				but in no event later than six (6) hours after the initial placement in
				isolation. Inmates placed in isolation as a result of being out of control
				shall be released immediately upon their regaining self-control. An appeal
				process to the jail facility administrator or the appropriate supervisory
				authority shall be provided.
12.12.
				Isolation observation. A monitoring procedure shall be developed to require
				observation of inmates in isolation. The procedures shall include regular
				observations and at least an hourly recording of the behavior observed. The
				individual recording shall include the following information: the inmate's
				name; the date and hour of placement in isolation; the reason or basis for
				placement in isolation; the behavior exhibited while in isolation; the release
				time; any physical or mental problems or needs; and, any visits by health
				personnel.
12.13. Permanent log in
				segregation units. Staff members in any segregation unit shall maintain a
				permanent log. Admissions of all inmates to these units shall be recorded with
				the following information included for each inmate: the inmate's name; the
				inmate's number; the inmate's previous housing location; the date admitted; the
				type of infraction or reason for admission; the tentative release date; and,
				any 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.
12.14. Observation of potentially suicidal
				inmates. Inmates who are classified as potentially suicidal shall be
				continuously monitored which shall include a verbal exchange between the inmate
				and the monitoring staff. A recording of this monitoring shall be made and
				placed in the inmate's health record. High risk persons shall be placed on
				continuous observation.
12.15.
				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 jail facility administrator. The
				report shall identify the inmate, the item or activity he or she was deprived
				of, and 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 of an inmate's personal items, approval for this action shall be obtained
				in advance from the jail facility administrator or his or her 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 unless
				proper disciplinary process has been utilized.
12.16. 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.
12.17. 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 the activities present an undue security hazard.
12.18. Clothing, bedding, hair care service.
				The issuance and exchange of clothing, bedding and linen and laundry of those
				articles, barbering and hair care services shall be provided for inmates in
				segregation on the same basis as for inmates in the general population;
				exceptions to this rule are permitted only where found necessary by the senior
				officer on duty, and are recorded in the log required by section 12.13 of this
				rule and justified in writing. Inmates in segregation shall be afforded the
				same hygienic living conditions as the general inmate population.
12.19. Mail. Inmates in segregation shall be
				provided the same opportunities for the sending and receiving of letters as are
				available to the general inmate population. Letters shall be delivered
				prompt­ly. If any item is rejected consistent with the policies and
				procedures for sending and receiving letters, the inmate shall be advised of
				the reason for the rejection, and the item shall be returned to the
				sender.
12.20. 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 the inmate and any approved visitors of any restrictions on visiting.
				This practice will avoid disappointment and unnecessary inconvenience for the
				visitors.
12.21. Telephone. Inmates
				in disciplinary detention shall be allowed limited telephone privileges, which
				consist of telephone calls related specifically to access to the judicial
				process and family emergencies as approved by the jail facility administrator
				or his or her designee. Inmates in administrative segregation and protective
				custody shall be allowed telephone privileges.
12.22. Legal materials. Inmates in
				segregation shall have access to both personal legal materials and to available
				legal reference materials. Reasonable arrangements shall be made to assist
				these inmates in meeting court deadlines.
12.23. Reading materials. Inmates in
				segregation shall have access to reading materials.
12.24. Exercise. Inmates in segregation shall
				be allowed the same opportunity for recreation as those in the general
				population unless specific temporary security restrictions are designated in
				writing by the jail facility administrator in advance.
12.25. 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.
12.26. Visits from
				staff. Inmates in segregation shall receive daily visits from the chief
				security officer or the shift supervisor, members of the program staff upon
				request, or a qualified health care official three (3) times per week unless
				medical attention is needed more frequently.
12.27. Staffing of segregation units. Written
				policies and procedures shall govern selection criteria, supervision and
				assignment of staff who work with inmates on a regular and daily contact basis
				in segregation units. Procedures shall be established to supervise and evaluate
				the on-the-job performance of all staff members who work with inmates in
				segregation. Administrative procedures shall exist for promptly removing
				ineffective staff members from these positions. The need for reassignment shall
				be based on the intensity of the assignment.