reglab/statecodes huggingface dataset:
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 95-1-5 - Training And Staff Development

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Program
				supervision. The training program of each jail facility for all employees shall
				be specifically planned, coordinated, and supervised by a qualified employee at
				a supervisory level; in jail facilities of over one hundred (100) employees,
				this person shall be employed full time for this purpose.
5.2. Supervisory training. The individual
				coordinating the training and staff development program shall receive
				specialized training for that position.
5.3. Training curriculum. A training
				curriculum shall be developed, evaluated, and updated based on an annual
				assessment that identifies current job-related training needs. The Regional
				Jail and Correctional Facility Authority is the approving agency.
5.4. Trainer certification. Any individual
				providing pre-service, in-service, or basic training for correctional staff
				shall be certified as a correctional trainer by the Regional Jail and
				Correctional Facility Authority.
5.5. Outside resources. The training and
				staff development program shall use the resources of other public and private
				agencies, private industry, colleges, libraries and reference services to
				complement the program.
5.6.
				Budget. The budget shall include funds for compensating staff for additional
				time spent in training, or for replacement personnel required when regular
				personnel are off duty for training purposes.
5.7. New clerical/support employees. All new
				clerical/support employees who have minimal inmate contact shall receive at
				least forty (40) hours of orientation and approved training during their first
				year of employment. Twenty-four (24) of these hours shall be completed prior to
				being independently assigned to a particular job. All persons in this category
				shall be given at least an additional eight (8) hours of training during each
				subsequent year of employment. The Regional Jail and Correctional Facility
				Authority is the approving agency.
5.8. New clerical/support employees. All new
				clerical/support employees who have regular daily inmate contact shall receive
				at least forty (40) hours of orientation and approved training during their
				first year of employment. Twenty-four (24) of these hours shall be completed
				prior to being independently assigned to a particular job. They shall be given
				at least an additional sixteen (16) hours of training each subsequent year of
				employment. The Regional Jail and Correctional Facility Authority is the
				approving agency. At a minimum, this training shall cover the following areas:
a. Security procedures and
				regulations;
b. Rights and
				responsibilities of inmates;
c. All
				emergency procedures;
d.
				Interpersonal relations;
e.
				Communication skills; and,
f. First
				aid.
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 95-1-6 - Management Information and Research

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				System of information. The facility shall contribute to, have access to, and
				use an organized system of information storage and retrieval relative to both
				inmate and operational needs.
6.2.
				Security. Policies and procedures shall govern the security of the information
				and data collection system, including certification, access to data, and
				protection of the privacy of all inmates under the jurisdiction of the
				agency.
6.3. Collaboration. The
				facility, or its parent agency, shall collaborate with criminal justice and
				service agencies in information gathering, exchanges and
				standardization.
6.4. Inmate
				population accounting. There shall be an inmate population accounting system
				which includes records on the admission, processing and release of
				inmates.
6.5. Annual evaluation.
				There shall be at least annual evaluations of jail facility programs and
				services to determine progress toward achieving previously identified
				objectives.
6.6. Research. Written
				policy and procedure governing the conduct of research shall comply with state
				and federal guidelines for the use and dissemination of research findings and
				with accepted professional scientific ethics.
6.7. Inmate participation. Written policy and
				procedure shall govern voluntary inmate participation in non-medical,
				non-pharmaceutical and non-cosmetic research.
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 95-1-7 - Inmate Records

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Booking.
				Inmate booking information shall be recorded for every person admitted to the
				facility and include at least the following data, unless prohibited by law:
a. Fingerprints;
b. Photograph;
c. Booking number;
d. Name and aliases of person;
e. Current address (or last known
				address);
f. Date, duration of
				confinement, and copy of court order or other legal basis for
				commitment;
g. Name, title and
				signature of delivering officer and arresting officer;
h. Specific charge(s);
i. Sex;
j. Age;
k. Date of birth;
l. Place of birth;
m. Race;
n. Present or last place of
				employment;
o. Health status,
				including any current medical or mental health needs;
p. Emergency contact (name, relationship,
				address and phone number);
q.
				Telephone calls made by the inmate at time of admission;
r. Driver's license and social security
				numbers;
s. Notation of case and
				all property; and
t. Additional
				information concerning special custody requirements, service needs, or other
				identifying information such as birthmarks or tattoos.
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 95-1-8 - Physical Plant

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General.
				All new jail facilities shall be designed, constructed, maintained and operated
				in accordance with the rules promulgated by the State Fire Commission in State
				Fire Code 87CSR1. All existing jail facilities must comply with the provisions
				of State Fire Code 87CSR1.
8.2.
				Safety of occupants. Because the safety of all occupants in all detention and
				correctional facilities cannot be adequately assured solely by a dependence
				upon evacuation from the building, their protection from fire shall be provided
				by appropriate arrangement of facilities, an adequately trained staff, and
				careful development of operating, security, and maintenance procedures to
				include the following:
a. Proper design,
				construction and compart­mentalization;
b. Provisions for fire detection, alarms and
				extinguishment;
c. Fire prevention
				programs which include planning, training, and drills covering such protective
				activities as: Isolation of the fire; transfer of occupants to areas of refuge;
				and evacuation of the facility or measures for in-place protection of the
				occupants; and,
d. Security
				provisions to the degree necessary to provide for the safety of both the
				occupants of the facility and the general public.
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 95-1-9 - Safety and Emergency Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Policies
				and procedures. Written policies and procedures shall be adopted which specify
				the jail facility's fire prevention regulations and practices. For purposes of
				clarification and identification these procedures and standards of fire
				prevention are divided into two (2) classifications:
a. General requirements applicable to all
				occupancies covered by the State Fire Code; and,
b. Specific detention and correctional
				occupancies.
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 95-1-10 - Sanitation and Hygiene

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Responsibility. Jail facility authorities shall maintain the facility in a
				condition that is clean, healthful and sanitary and which conforms to all
				applicable health laws and rules. The use and possession of tobacco, tobacco
				products and tobacco-like products shall be prohibited in all jail facilities
				and all facilities jointly operated by the Regional Jail & Correctional
				Facility Authority and the Division of Corrections.
10.2. Maintenance. Jail facility authorities
				shall develop and implement a plan for the maintenance of all areas of the jail
				facility at an acceptable level of cleanliness and sanitation. The plan shall
				provide for a regular schedule of housekeeping tasks and inspections which
				shall include, but not be limited to, the following:
a. The daily cleaning of toilets, sinks and
				showers;
b. The daily cleaning of
				floors;
c. The emptying and
				cleaning of receptacles provided for refuse each day and provision for adequate
				trash removal;
d. The scrubbing and
				rinsing of each living unit, washing of windows, cleaning of janitors' closets,
				and dusting of bars, screens and ledges on a regular basis;
e. The contracting of extermination services
				to be performed with sufficient frequency and thoroughness to keep the jail
				facility free from insects and vermin. Services shall include, at a minimum,
				monthly inspections by a qualified person; and,
f. The cleaning and sanitary maintenance of
				all kitchen areas and all kitchen equipment.
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 95-1-15 - Inmate Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Access to
				courts. Inmates shall have unlimited access to courts and to address uncensored
				communication to governmental authorities. Inmates seeking judicial or
				administrative redress shall not be subjected to reprisals or penalties as a
				consequence.
15.2. Attorneys.
				Sentenced and unsentenced inmates shall have access to attorneys or their
				representatives, paralegal and experts. Private Attorney/Client interview rooms
				shall be provided. Provisions shall be made for contacts during normal jail
				facility hours, for uncensored correspondence and telephone
				communication.
15.3. Access to
				legal materials. Inmates shall have access to appropriate legal materials.
				Provisions shall be made for reasonable and meaningful access to a library. The
				library shall include the following documents or their equivalent:
a. Black's Law Dictionary;
b. Legal Research in a Nutshell (latest
				ed.);
c. Federal Habeas Corpus,
				Sokol, (Michie);
d. Criminal
				Procedures in a Nutshell, Israel, Jerold J. and Lafave, Wayne R., St.Paul: West
				or a comparable service;
e.
				Constitutional Rights of Prisoners, Palmer, John W.,(with current supplement)
				Cin­cinnati: Anderson or a comparable service;
f. Criminal Law Hornbook, Lafave & Scott
				(West);
g. Court Rules;
h. W. Va. Code, Vols. 1-20, including Court
				Rules, with current supplements;
i. Southeastern Reporter (2nd series, 1960 to
				date);
j. Criminal Law Reporter,
				BNA;
k. U. S. Code, Annotated,
				Titles 18, 29 and 42;
l. Supreme
				Court Reporter (1960 to date);
m.
				Federal Reporter (2nd series, 1960 to date);
n. Federal Supplement (1970 to
				date);
o. Corpus Juris Secundum
				(Criminal Law sections only);
p.
				Modern Federal Practice Digest Second (Vols. 16-19, 22-32, 53-54, Table of
				Cases and Indexes); and,
q.
				Michie's Jurisprudence.
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 95-1-16 - Inmate Rules and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Rules of
				conduct. There shall be written rules of inmate conduct which specify acts
				prohibited within the jail facility and penalties which may be imposed. These
				rules shall be provided to all inmates and procedures shall exist for ensuring
				that all inmates understand the rules.
16.2. Annual Review. The written rules of
				inmate conduct shall be reviewed annually and updated as necessary to ensure
				that they are consistent with constitutional and legal principles.
16.3. Training. All personnel who deal with
				inmates shall receive sufficient training so that they are thoroughly familiar
				with the rules of inmate conduct, the sanctions available, and the rationale
				for the rules.
16.4. Minor
				infractions. There shall be written guidelines for informally resolving minor
				infractions of the inmate rules.
16.5. Disciplinary reports. When rule
				violations require formal resolution, staff members shall prepare a
				disciplinary report and forward it to their supervisor.
16.6. Minimum contents. Disciplinary reports
				prepared by staff members shall include the following minimum information:
a. Specific rule alleged to have been
				violated;
b. A formal statement of
				the charge;
c. An explanation of
				the event, including who was involved, what transpired, and the time and
				location of the event;
d. Any
				unusual inmate behavior;
e. Any
				staff witnesses;
f. The disposition
				of any physical evidence;
g. Any
				immediate action taken, including the use of force;
h. The reporting staff member's signature;
				and,
i. The date and time the
				report is made.
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 95-1-18 - Admission, Orientation, Property Control and Release

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. New Inmates. Written policies and
				procedures shall govern the admission and orientation of new inmates. They
				shall be reviewed annually and updated as necessary. The jail facility shall
				not accept persons who are being committed solely because of the initiation of
				procedures for involuntary commitment pursuant to W. Va. Code '27-6A-1 et.
				seq.
18.2. Mentally disabled
				inmates. Care shall be provided for inmates who are believed to be mentally
				ill, retarded, or addicted and in need of treatment, training or other
				services. The jail facility administrator shall be made aware of the illness
				and shall arrange for a mental health assessment. If the report of the
				examination confirms the condition and services cannot be provided at the jail
				facility, the administrator shall immediately take action to initiate the
				inmate's transfer to an appropriate facility pursuant to W. Va. Code '27-6A-1,
				et. seq.
18.3. Minimum admission
				requirements. Written policies and procedures for admitting new inmates to a
				jail facility shall be provided and shall contain at least the following
				requirements:
a. Verification of court
				commitment papers or other legal documentation of authority to detain the
				individual;
b. A complete search of
				the individual and his or her clothing and personal possessions;
c. Appropriate disposition of the
				individual's clothing and personal possessions;
d. Medical screening including tests for
				infectious diseases;
e. Provisions
				for telephone calls by inmates;
f.
				Shower and hair care, if necessary;
g. Issuance of clean clothing;
h. Photographing and
				fingerprinting;
i. An interview to
				obtain identifying data;
j. A
				screening interview by a counselor or other trained interviewer;
k. An orientation to the jail
				facility;
l. Issuance of personal
				hygiene items;
m. Classification of
				custody level for assignment to a housing area; and,
n. Assignment to a housing unit.
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 95-1-19 - Classification

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. General. Written policies and
				procedures shall provide for inmate classification in terms of the level of
				custody required, housing assignments and participation in correctional
				programs. They shall be reviewed at least annually and updated as
				necessary.
19.2. Criteria and
				appeal. The inmate classification plan shall specify criteria and procedures
				for determining and changing the status of an inmate, including custody,
				transfers and major changes in programs. The plan shall include an appeals
				process for a classification decision.
19.3. Classification categories. The jail
				facility shall provide for the separate management of the following categories
				of inmates:
a. Male and female
				inmates;
b. Pre-trial and convicted
				inmates;
c. Felon and
				misdemeanant;
d. Other classes of
				detainees (witnesses, civil inmates);
e. Community custody inmates (work release,
				weekender, trustees);
f. Inmates
				with special problems (alcoholics, narcotic addicts, mentally ill persons,
				physically disabled persons, or persons with communicable diseases);
g. Inmates who require disciplinary
				detention;
h. Inmates who require
				administrative segregation;
i.
				Violent and non-violent inmates; and,
j. Juveniles.
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 95-1-20 - Inmate Work Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Inmate
				assignments. The jail facility shall have a written inmate work assignment plan
				that provides for inmate employment, subject to the number of work
				opportunities available consistent with the maintenance of security in the jail
				facility.
20.2. Required work.
				Pre-trial and unsentenc­ed detainees shall not be required to work
				except to do personal housekeeping. Any inmate may volunteer for work
				assignments or institutional programs.
20.3. Maintenance and operation. The inmate
				work plan shall include provisions for work in the maintenance and operation of
				the jail facility, except that no inmate shall be permitted within any control
				room of the jail facility.
20.4.
				Public works projects. The inmate work plan may provide for inmate work
				assignments in public works projects.
20.5. Community service. The inmate work plan
				shall include provision for inmates to work in various non-profit and community
				service projects.
20.6.
				Discrimination. Discrimination in inmate work assignments based upon sex, race,
				religion or national origin is prohibited.
20.7. Disabled Inmates. The inmate work plan
				shall include provisions for the employment of disabled inmates.
20.8. Compensation. If required under the
				West Virginia Code, inmates shall be compensated for work performed.
20.9. Working conditions. Inmate working
				conditions shall comply with applicable federal, state and local work place
				safety laws and rules.
20.10.
				Reduction of sentence. The inmate work plan shall provide for the earning of
				credit toward sentence completion in accordance with the West Virginia
				Code.
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 95-1-22 - Release Preparation

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Release
				preparation. A program of release preparation to prepare inmates for release
				from the jail facility shall be available to all inmates.
22.2. Work and educational programs. Inmate
				participation in work or educational release programs shall be allowed in
				accordance with the West Virginia Code and applicable rules.
22.3. Separation from the general population.
				Inmates who are participating in work or educational release programs shall be
				separated from inmates in the general population.
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 95-1-23 - Citizen Involvement and Volunteers

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Citizen involvement. The involvement of
				citizens in the delivery of inmate programs may be permitted.
23.2. Volunteer coordination. A jail facility
				staff member shall be responsible for the coordination of the volunteer
				services program.
23.3. Lines of
				authority. Lines of authority, responsibility, and accountability for the
				volunteer services program shall be developed and communicated to jail facility
				staff and volunteers by the jail facility administrator.
23.4. Selection, screening and orientation of
				volunteers. The volunteer service program shall include procedures for the
				selection, screening and orientation of volunteers to the unique area of
				service to an inmate population. Recruitment from all cultural and
				socioeconomic segments of the community shall be encouraged.
23.5. Identification. A system which provides
				for the easy identification of volunteers while they are within the jail
				facility shall be provided.
23.6.
				Written contract. Each volunteer shall sign a written agreement to abide by all
				applicable facility policies, with specific reference to policies related to
				jail facility security and confidentiality of inmate information.
23.7. Professional services. Volunteers shall
				perform professional services only when properly licensed.
23.8. Level of involvement. The curtailment,
				postponement or discontinuation of the services of an individual volunteer or a
				volunteer group shall be within the discretion of the jail facility
				administrator.
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 95-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
						establishes minimum standards and procedures for correctional facilities in
						West Virginia.
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 95CSR2 "West Virginia
						Minimum Standards for the Construction, Operation, and Maintenance of Prisons",
						which was filed on June 27, 1989 and which became effective on June 27,
						1989.
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 95-2-6 - Management Information and Research

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
						System of Information. The correctional facility shall contribute to, have
						access to, and use an organized system of information storage, retrieval and
						review that is part of an overall research and decision-making capacity,
						relative to both inmate and operational needs.
6.2. System Access. The information system
						shall specify those persons who have direct access to it and shall provide
						internal security to prevent unauthorized access.
6.3. Collaboration. The correctional facility
						and the Division of Corrections shall cooperate with criminal justice and
						service agencies in information gathering, exchange and
						standardization.
6.4. Correctional
						Facility Evaluation. The correctional facility shall develop standard
						evaluation criteria which consider the nature of events to be counted, the
						categorization of behaviors and degrees of seriousness to be included, and the
						duration of the follow-up period. Its system to measure the degree of internal
						order shall include, but not be limited to the following:
6.4.1. The escape rate;
6.4.2. The frequency and number of assaults
						on staff;
6.4.3. Group disturbances
						by inmates;
6.4.4. Assaults and
						homicides by inmates;
6.4.5.
						Weapons and/or illegal drugs found; and,
6.4.6. Major and minor disciplinary actions.
When management data concerning offenders is compiled, it
							shall allow for categorization by age, sex, race, offense and prior
							record.
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 95-2-7 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Record Management. The Division of
						Corrections shall develop procedures governing case record management which
						shall include, but not be limited to these areas: establishment; utilization;
						content; privacy; security; preservation; and, a schedule for retiring or
						destroying inactive case records. These policies and procedures shall be
						reviewed annually by the Division of Corrections.
7.2. Inmate Case History. The correctional
						facility shall maintain a cumulative case history on each inmate. All data in
						the file shall be verified and maintained in accordance with applicable state
						and federal rules and regulations regarding security and
						confidentiality.
7.3. Case Record
						Content. The contents of case records shall be identified and separated
						according to an established format.
7.4. Master Index. Staff shall maintain an
						up-to-date master index identifying all inmates who are on the grounds,
						temporarily off the grounds, in a satellite unit, or who have escaped.
						Information on the status and whereabouts of each inmate shall be readily
						available to administrative and supervisory personnel so that security and
						control can be maintained, and when appropriate, accurate information provided
						outside agencies.
7.5. Case Record
						Access. The correctional facility shall establish procedures to limit access to
						case records to persons and public agencies that have both a "need to know" and
						a "right to know" and that can demonstrate that access to the information will
						serve a criminal justice purpose. Written guidelines shall regulate inmate
						access to records.
7.6. Consent
						Form. The administration shall use a consent form which complies with
						applicable federal or state rules and regulations. The inmate shall sign a
						"Release of Information Consent Form" prior to the release of information as
						required by statute or rule or regulation and a copy of the form shall be
						maintained in the inmate's case record.
7.7. Transfer of Records. Procedures shall
						provide that when an inmate is transferred from one correctional facility to
						another, the inmate's updated case file is simultaneously transferred, or
						transferred within 72 hours. This procedure shall also include the transfer of
						medical files.
7.8. Population
						Movement Sheet. Official daily movement sheets shall detail the number and
						types of admissions and releases each day and the count at the close of the
						day.
7.9. Inmate Time. Case files
						shall provide a continual and accurate record of the inmate's time. Proper
						notification to all appropriate parties shall accompany any change reflected in
						the record.
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 95-2-8 - Physical Plant

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General. All
						new correctional facilities shall be designed, constructed, maintained and
						operated in accordance with the standards and requirements set out and
						established by the State Fire Code, 87CSR1. All existing correctional
						facilities shall comply with the rules set forth for existing correctional
						facilities in the State Fire Code, 87CSR1.
8.2. Safety of Occupants. Because the safety
						of all occupants in all detention and correctional facilities cannot be
						adequately assured solely by a dependence upon evacuation from the building,
						their protection from fire shall be provided by the appropriate arrangement of
						facilities, an adequately trained staff, and the careful development of
						operating, security and maintenance procedures to include the following:
8.2.1. Proper design, construction and
						compartmentalization;
8.2.2.
						Provisions for fire detection, alarms and extinguishment;
8.2.3. Fire prevention programs which include
						planning, training, and drills covering such protection activities as:
						isolation of the fire; transfer of occupants to areas of refuge; evacuation of
						the facility; or measures for in-place protection of the occupants;
						and,
8.2.4. Security provisions to
						the degree necessary to provide for the safety of both the occupants of the
						facility and the general public.
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 95-2-9 - Safety and Emergency Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Policies and
						Procedures. Written policies and procedure shall be adopted specifying the
						correctional facility's fire prevention regulation, policies, procedures and
						practices. For purposes of clarification and identification these policies and
						procedures of fire prevention are divided into two classifications:
9.1.1. General requirements applicable to all
						occupancies covered by the State Fire Code; and,
9.1.2. Specific detention and correctional
						occupancies.
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 95-2-13 - Sanitation and Hygiene

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
						Responsibility. Correctional facility authorities shall maintain the facility
						in a condition that is clean, healthful and sanitary, and which conforms to all
						applicable health laws and rules. The use and possession of tobacco, tobacco
						products and tobacco-like products is prohibited in all facilities jointly
						operated by the Regional Jail and Correctional Facility Authority and the
						Division of Corrections, and may be permitted in designated areas of
						correctional facilities operated exclusively by the Division of Corrections at
						the discretion of the correctional facility's Chief Executive
						Officer.
13.2. Maintenance.
						Correctional facility authorities shall develop and implement a plan for the
						maintenance of an acceptable level of cleanliness and sanitation throughout the
						correctional facility. The plan shall provide for a regular schedule of
						housekeeping tasks and inspections which shall include, but not limited to, the
						following:
13.2.a. The daily cleaning of
						toilets, showers and sinks;
13.2.b.
						The daily cleaning of floors;
13.2.c. The emptying and cleaning of
						receptacles provided for cigarettes, if permitted, and other refuse each day
						and provision for adequate trash removal;
13.2.d. The scrubbing and rinsing of living
						units, washing of windows, cleaning of janitor's closets, and dusting of bars,
						screens and ledges on a regular basis;
13.2.e. The contracting of extermination
						services to be performed with sufficient frequency and thoroughness to keep the
						facility free of insects and vermin. Services shall include, at a minimum,
						monthly inspections by qualified persons; and,
13.2.f. The cleaning and sanitary maintenance
						of all kitchen areas and all equipment.
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 95-2-16 - Inmate Rules and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Rules of
						Conduct. There shall be written rules of inmate conduct which specify acts
						prohibited within the correctional facility and penalties that may be imposed
						for various degrees of violation; the written rules shall be reviewed annually
						and updated if necessary. The sanctions shall be proportionate to the
						importance of the rule and the severity of the violation.
16.2. Rule Book. There shall be a rule book
						that contains all chargeable offenses, ranges of penalties and disciplinary
						procedures posted in a conspicuous and accessible area; a copy shall be given
						to each inmate and staff member. When a literacy or language problem prevents
						an inmate from understanding the rule book, a staff member or translator shall
						assist the inmate in understanding the rules.
16.3. Informal Discipline. Written guidelines
						shall specify misbehavior that may be handled informally.
16.4. Disciplinary Reports.
16.4.1. Written Reports. Written procedures
						shall provide that when rule violations require formal resolution, staff
						members shall prepare a disciplinary report and forward it to a designated
						supervisor.
16.4.2. Disciplinary
						Report Information. Disciplinary reports prepared by staff members shall
						include, but are not limited to, the following information:
16.4.2.a. Specific rules violated;
16.4.2.b. A formal statement of the
						charge;
16.4.2.c. Any unusual inmate
						behavior;
16.4.2.d. Any staff
						witnesses;
16.4.2.e. Disposition of
						any physical evidence;
16.4.2.f. Any
						immediate action taken, including the use of force; and,
16.4.2.g. The reporting staff member's
						signature and the date and time report is made.
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 95-2-18 - Reception and Orientation

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Admissions.
						Written procedures for admission of inmates new to the system shall require at
						a minimum the following:
18.1.1. A
						determination that the individual is legally committed to the correctional
						facility;
18.1.2. A complete search
						of the individual and his or her possessions;
18.1.3. A disposition of personal
						possessions;
18.1.4. A shower and
						hair care, if necessary;
18.1.5.
						The issuance of clean, laundered clothing, as needed;
18.1.6. Photographing and fingerprinting the
						inmate, including notation of identifying marks or other unusual physical
						characteristics;
18.1.7. A medical,
						dental and mental health screening;
18.1.8. Assignment to a housing
						unit;
18.1.9. The recording of
						basic personal data and information to be used for mail and the visiting
						list;
18.1.10. The assistance of
						inmates in notifying their next of kin and families of admission;
18.1.11. An explanation of procedures for
						mail and visiting;
18.1.12. The
						assignment of a registered number to the inmate; and,
18.1.13. The giving of written orientation
						materials to the inmate.
Staff members shall explain the procedures being undertaken
							at each step in the admissions process. When necessary, these procedures shall
							be reviewed for inmates transferred within the correctional
							system.
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 95-2-19 - Classification

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Written Plan. There shall be a written
						plan for inmate classification which specifies the objectives of the
						classification system, details the methods for achieving the objectives, and
						provides a monitoring and evaluation mechanism to determine whether the
						objectives are being met. Classification policies shall include, at a minimum:
19.1.1. Detailed procedures for initial
						inmate classification and reclassification;
19.1.2. Instructions regarding the makeup of
						the unit, team or full classification committees; as well as the duties and
						responsibilities of each;
19.1.3.
						Definition of the various committees; responsibilities for custody, employment
						and vocational/program assignments;
19.1.4. Instructions as to what phases of an
						inmate program may be changed by the various committee levels;
19.1.5. Specific procedures relating to
						inmate transfer from one program to another and from one correctional facility
						to another; and,
19.1.6. Content of
						the classification interview.
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 95-2-20 - Inmate Work Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Written
						Plan. The correctional facility shall maintain a written plan that provides
						full-time work and/or program assignments for all inmates in the general
						population. An inmate work program may include industrial, agricultural,
						maintenance, and service jobs and shall provide employment for all eligible
						inmates. The work provided an inmate shall match the inmate's interests, past
						experience and/or educational program to the extent possible. The work and
						educational programs shall be compensated at a level which encourages
						participation.
20.2. Work
						Assignments. The correctional facility shall provide a variety of work
						assignments that afford inmates an opportunity to learn job skills and develop
						good work habits and attitudes that they can apply to jobs after they are
						released. Whenever possible, inmate work assignment shall provide experience
						relevant to the current job market. Work assignments for women shall not be
						limited to traditional tasks assigned to women. Inmates shall be utilized on
						community and public works projects off grounds.
20.3. Advisory Committee. The correctional
						facility shall form a task force or advisory committee of labor, business,
						industrial and educational community organizations which shall advise and
						assist in providing inmates with jobs which will teach them skills relevant to
						the job market.
20.4. Minimum
						Standards. Inmate work programs shall meet all applicable requirements for the
						safety and health of workers.
20.5.
						Handicapped Inmates. The inmate work plan shall include provision for
						employment for handicapped inmates.
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 95-2-22 - Library Services

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1.
						Comprehensive Services. The correctional facility shall maintain and/or provide
						access to comprehensive library services which include, but are not limited to,
						a reference collection which includes general and specialized materials, and
						planned and continuous acquisition of materials to meet the needs of the
						correctional facility's staff and inmates.
22.2. Library Materials. Library materials
						shall be selected to meet the educational, informational and recreational needs
						of the inmates. They shall be easily accessible and regulated by a system that
						prevents abuse.
22.3. Community
						Interaction. Procedures shall provide for interaction with the community
						through recreational activities. Community interaction shall include bringing
						in volunteers to provide instruction and inviting local teams to compete with
						correctional facility teams; it may include taking inmates into the community
						for recreational activities.
23.4.
						Facilities and Equipment. Facilities and equipment, which are maintained in
						good condition and are suitable for the planned leisure activities, shall be
						available in proportion to the inmate population.
23.5. Leisure Time Activities. The
						correctional facility shall provide opportunities for all inmates to
						participate in leisure time activities outside the cell or room on a daily
						basis. Each inmate shall be permitted at least one hour of leisure time
						activity each day, i.e., radio, television, movies, crafts, cards, puzzles,
						checkers, chess, or indoor exercise. There shall be adequate indoor space and
						equipment to enable large muscle exercise.
23.6. Outdoor Exercise. The correctional
						facility shall provide opportunities for at least one hour of outdoor exercise
						per day with adequate space and equipment to permit regular outdoor sports
						activity.
23.7. Recreation Records.
						Written records shall be maintained which specify the date, time and type of
						recreational opportunity offered, as well as the housing unit or classification
						of inmate to whom the opportunity was offered.
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 95-2-24 - Religious Services

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Access to
						Programs. Procedures shall provide for access to religious resources, services
						or counseling for all inmates on a voluntary basis. It is the responsibility of
						the correctional facility to ensure that all inmates are able to voluntarily
						exercise their constitutional right to religious freedom when this freedom does
						not interfere with the order and security of the correctional facility. Inmates
						shall be kept informed about opportunities to participate in religious programs
						on a continuing basis.
24.2.
						Program Supervision. A qualified and trained chaplain shall coordinate and
						supervise the correctional facility's religious programs. The chaplain shall
						recognize the validity of all religious faiths and their contribution to the
						persons involved with them. Qualified chaplains shall have the ecclesiastical
						endorsement from a recognized religious organization according to
						administrative procedures. These chaplains may be able to provide clinical
						pastoral education at the correctional facility.
24.3. Representation. Representatives of all
						faith groups shall be available to inmates. Either a full-time chaplain or
						representatives of faith groups from the community shall be available to
						provide regular religious services, individual and group counseling, family
						contacts, and other services.
24.4.
						Access to Correctional Facility. Staff chaplains shall have access to all areas
						of the correctional facility.
24.5.
						Religious Visits. Inmates shall be permitted to receive visits from accredited
						representatives of their respective faiths during normal visiting hours.
						Provision also shall be made for emergency visits.
24.6. Facilities and Equipment. The
						correctional facility shall provide facilities and equipment for the conduct of
						religious programs for inmates.