CHAPTER 61
STANDARDS FOR STATE COMMUNITY CORRECTIONAL UNITS (REPEALED)

Part I
Introduction

6VAC15-61-10. Definitions. (Repealed.)

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Arrest Authority (PB-15)" means a warrant issued by parole officers for the arrest and detention of a delinquent offender.

"Boot camp (Shock Incarceration Program)" means a highly regimented military style residential program, supplemented with educational programming, and which is restricted to youthful, nonviolent offenders.

"Case record" means a confidential written record regarding an offender which includes documentation of all action which has occurred.

"Chemical agent" means an active substance, such as tear gas, used to deter activities that might cause personal injury or property damage.

"Commissary" means a general store where offenders can purchase approved items.

"Community correctional facilities" means diversion centers, detention centers, and boot camps.

"Community Corrections Operating Procedures (CCOP)" means an operational manual providing guidelines for community corrections staff.

"Community re-entry plan" means a plan devised to address transition needs from a community program or facility to community supervision.

"Conditions of supervision" means a document that details the rules an offender must abide by in order to successfully complete supervision.

"Contraband" means items prohibited on unit premises by statute, regulation, policy or procedure.

"Day reporting center" means a nonresidential community-based program that provides intensive supervision, substance abuse counseling, education training, work placement, and other therapeutic intervention.

"Department" means the Virginia Department of Corrections.

"Detention Center Incarceration Program" means a residential program that provides regimented, highly structured, paramilitary style training. The emphasis is on work, educational, and therapeutic programs.

"Diversion Center Incarceration Program" means a highly structured, community-based residential program used as an alternative to incarceration which provides 24-hour supervision and treatment services. The emphasis is on gainful employment in the private sector.

"Early release" means release prior to the specified term of supervision.

"Foot-candle" means a unit for measuring the intensity of illumination, defined as the amount of light thrown on a surface.

"Furnishings in offender living areas" means items authorized by the department to be placed in inmate living areas.

"Grievance procedure" means methodology that affords a formal process to address complaints with administration personnel.

"Health authority" means staff who are qualified by virtue of appropriate training and experience to render health services within their discipline, which includes a physician, nurse, dentist, psychiatrist, psychologist, social worker or an independent health care provider.

"Health care services" means provision of care for an offender''s medical needs by one who is qualified by virtue of appropriate training and experience to render health services within their discipline, which includes a physician, nurse, dentist, psychiatrist, psychologist, social worker or an independent health care provider.

"Health record" means the confidential written record that documents all health services rendered during program participation.

"Manual" means written guidelines for specified operational procedures.

"Offender" means any person placed under the supervision of the Virginia Department of Corrections.

"Office of Health Services" means the central office health authority for the Department of Corrections that is responsible for arranging for all levels of health care and providing quality, accessible health services to all inmates.

"Officer" means any person authorized by the Virginia Department of Corrections to provide supervisory services to offenders or prepare investigative reports or both.

"Permanent log" means a written record of a facility''s activities that cannot be altered or destroyed subject to state law.

"Plan of supervision" means the goals and objectives of supervision that should be jointly developed between the offender and supervising staff.

"Post log" means a written record for the recording of activities or unusual incidents for a specific security position.

"Post order" means that document which outlines the duties, responsibilities, and emergency procedures of that post in the facility.

"Postsentence report" means a criminal and social history of an offender prepared after sentencing.

"Potable water supply" means water supply suitable for drinking.

"Presentence report" means a criminal and social history of an offender prepared prior to the sentencing event.

"Unit" means a program or facility designed to provide supervision, surveillance, and treatment to probationers, parolees, and offenders on post-release supervision, as well as investigative services to the courts, the department, and the Parole Board, and includes probation and parole districts, detention centers, diversion centers, day reporting centers and shock incarceration programs.

"Unit head" means that individual in a public or private agency who has overall responsibility for the operation of a program or facility, including the application of state funds provided for that purpose.

"Violation" means an action or inaction by an offender that is contrary to the conditions of supervision and is considered technical when it does not involve the commission of a new offense.

"Volunteer" means an individual who provides services without compensation.

"Work program" means structured activities which provide services to the department or community.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-20. Legal standard. (Repealed.)

Nothing contained in this chapter shall be construed as setting a legal standard for the management or operation of any facility for purposes of litigation by offenders.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-30. Responsibility; enforcement. (Repealed.)

A. The unit head shall be responsible for ensuring that the requirements described in this chapter are implemented.

B. This chapter shall be enforced through the Board of Corrections'' Regulations Governing Certification and Inspection, 6VAC15-20-10 et seq.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

Part II
General Administration and Management

6VAC15-61-40. Organization and administration. (Repealed.)

A. The unit shall maintain an organizational chart reflecting the current structure of authority.

B. Written procedure and practice shall provide for participation of employees in staff meetings relating to their respective duties.

C. Designated staff shall maintain and keep current a copy of the Community Corrections Operating Procedures. The CCOP shall be made accessible to all employees.

D. The unit head or designee shall maintain and keep current copies of the department''s Policy and Procedures Manual, the Secretarial Administrative Manual, and the Department of Human Resources Management''s Policies and Procedures Manual. Upon request of any employee, the unit head shall make available any of these manuals.

E. Written policies and procedures for unit operation and maintenance shall be maintained, reviewed, and updated as needed by the unit head. All employees shall have access to the written policies and procedures.

F. Written procedure and practice shall govern the dissemination of offender information to the public, address confidentiality requirements, and designate who may provide such information.

G. Written procedure and practice shall provide for the investigation of citizen complaints about the unit.

H. The unit head shall ensure that any leased or rental facility complies with applicable state and local building codes, as well as health codes.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-50. Personnel. (Repealed.)

A. Written procedure and practice shall provide for the confidentiality of personnel records.

B. A criminal record check shall be conducted on all employees prior to employment.

C. A written performance evaluation for each employee shall be completed at least every 12 months based upon defined criteria and shall be reviewed and discussed with the employee.

D. The unit head or designee shall maintain a current and accurate personnel record on each employee.

E. Written procedure and practice shall provide for employees to challenge information in their personnel record and to have it corrected or removed if proven to be inaccurate.

F. All classified, nonprobationary employees shall have access to the Virginia grievance procedures.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-60. Citizen and volunteer involvement. (Repealed.)

A. Written procedure and practice shall govern citizen involvement in the unit''s programs and shall include recruitment, selection, training, orientation, responsibilities, supervision, and termination of volunteers.

B. Unit staff shall document that volunteers complete an orientation and training program before participation in their assignments and agree in writing to abide by unit policies and procedures.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-70. Training and staff development. (Repealed.)

A. Upon employment, each new employee shall satisfactorily complete all basic training and subsequent in-service training requirements as specified by the Department of Corrections and the Division of Operations.

B. An employee shall not assume sole responsibility for any working shift prior to the completion of orientation of unit policy and procedures.

C. Written procedure and practice shall provide that all personnel authorized to carry firearms successfully complete the department''s mandated firearms training and any subsequent re-certification.

D. All personnel authorized to use chemical agents shall be trained in their use and in the treatment of individuals exposed to a chemical agent.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-80. Fiscal management. (Repealed.)

A. The unit''s budget process shall comply with procedures and instructions of the department, division, and region.

B. The unit head shall monitor and review the expenditure of budgeted funds on a continuing basis.

C. The unit head shall be responsible for the collection, safeguarding, and disbursement of all moneys in accordance with court order, department, and unit procedures.

D. Written procedure and practice regarding collection, safeguarding, and disbursement of moneys shall be provided to staff.

E. There shall be no commingling of any offender funds or funds received from offenders with unit funds.

F. Written procedure and practice shall govern the operation of offender accounts. This subsection is not applicable to probation and parole units or day reporting centers.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-90. Case records. (Repealed.)

A. Written procedure and practice shall specify the utilization and maintenance of case records, including the recording of significant events and decisions.

B. Case records shall contain a signed copy of the conditions of supervision.

C. Written procedure and practice shall provide for the retention and disposition of inactive case records.

D. Case records shall be safeguarded from unauthorized and improper disclosure.

E. Case records shall be reviewed by supervising staff in accordance with written procedure.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

Part III
Standards Applicable only to Probation/Parole and Day Reporting Centers

6VAC15-61-100. Supervision. (Repealed.)

A. The district''s average caseload shall not exceed 60 offenders. This subsection is not applicable to day reporting centers.

B. Written procedure and practice shall specify the classification and supervision of offenders in order to safeguard the community and meet offender program needs.

C. Written conditions of probation, parole, or post-release supervision shall be furnished to the offender. Assistance shall be provided if an offender does not understand the conditions.

D. Written procedure and practice shall provide that emergency supervision services be available 24 hours a day.

E. Supervision goals and objectives shall be developed and reviewed with the offender and adjusted based on performance in the community. Offender supervision shall be in compliance with the standards of supervision.

F. Offenders shall not be confronted with possible violation of supervision for failure to meet financial obligations that are not conditions of supervision or required by state law.

G. Written procedure and practice shall permit the supervising officer to recommend early release from active supervision.

H. Written procedure and practice shall require that all arrests and alleged violations be recorded, investigated and, if appropriate, reported in writing to the revoking authority.

I. Written procedure and practice shall provide for the issuance and execution of the Arrest Authority (PB-15).

J. Officers shall be permitted to carry a department-issued firearm in the performance of their duties in accordance with Community Corrections Operating Procedures.

K. Written procedure and practice shall govern the security, storage, and use of firearms and ammunition.

L. Written procedure and practice shall govern the use of chemical agents.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-110. Investigations. (Repealed.)

A. Unit staff shall conduct investigations in accordance with procedures provided by the Department of Corrections, Division of Operations, Virginia Parole Board, and appropriate courts.

B. Written procedure and practice shall allow the use of staff other than probation and parole officers for the collection of information necessary for the completion of any properly assigned investigation.

C. The presentence report shall be prepared in the Department of Corrections'' approved format and submitted to the court for review and evaluation as specified in the Code of Virginia unless otherwise directed by the court.

D. Written procedure and practice shall require timely transmittal of presentence reports to the appropriate departmental unit.

E. Written procedure and practice shall require timely transmittal of postsentence reports to the appropriate departmental unit for those offenders who have been sentenced to a term of confinement in the Department of Corrections by the courts within the district''s jurisdiction.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

Part IV
Standards Applicable only to Community Correctional Facilities and Day Reporting Centers

6VAC15-61-120. Offender services. (Repealed.)

A. Staff shall provide offenders with the center''s written rules and regulations.

B. There shall be documented eligibility criteria for acceptance.

C. Each offender shall be assessed according to policies and procedures for services.

D. Staff shall review changes in the plan with the offender and document these changes.

E. The unit head shall develop and implement written policies and procedures for community service.

F. Each unit shall be permitted to establish an advisory committee, which serves as a link between the center and the community.

G. For diversion centers only, verification of offender whereabouts when not in the facility shall be governed by written procedures. The forms of verification shall include, but not be limited to:

1. Random telephone contacts to the authorized destination; and

2. Random on-site visits to the authorized destination.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-130. Program and health services applicable only to diversion centers. (Repealed.)

A. This section applies only to diversion centers.

B. Criteria for acceptance into the program and intake shall be governed by written policy, procedure and practice.

C. Staff shall complete an initial information form on each offender admitted into residency.

D. Staff shall distribute a copy of the criteria for acceptance and intake policies and procedures to referral sources and interested parties.

E. Staff shall provide, in writing to the referral source, reasons for nonacceptance into the program.

F. Staff shall design a plan of supervision in conjunction with the offender that includes expected behavior and accomplishments.

G. At the time of intake, program staff shall review available services with the offender.

H. Staff shall review offender progress with the offender. The outcome of each review shall be documented in the offender''s case record.

I. Written procedure and practice shall provide the offender an opportunity for family and community involvement.

J. Offenders shall be permitted to attend religious services and to receive visits from representatives of their respective faiths.

K. Staff shall provide for recreational and leisure time activities.

L. Staff shall make referrals, when needed, for supervision in the community and shelter.

M. Staff shall use community resources, either through referrals for service or by contractual agreement, to provide offenders with the services to become self sufficient.

N. Written procedure and practice shall govern the possession and control of prescribed medications and over-the-counter drugs.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

Part V
Standards Applicable to Community Correctional Facilities

6VAC15-61-140. Physical plant. (Repealed.)

A. Offender living areas shall have sanitation facilities to include access to (special housing requirements may be altered to ensure safety and security):

1. A toilet above floor level which is available for use without staff assistance 24 hours a day.

2. Shower and bathing facilities, with hot and cold running water.

3. A bed above floor level.

4. Enclosable storage space or locker.

5. A wash basin with potable water and hot and cold water.

B. Space shall be provided for visitation, private counseling, and group meetings.

C. Reasonable accommodations shall be available for the disabled.

D. Space shall be provided at the unit to store and issue clothing, bedding, cleaning supplies, offenders'' property, and other items required for daily operations.

E. Adequate space shall be provided for administrative, security, professional, and clerical staff.

F. Separate and adequate space shall be provided for mechanical and electrical equipment.

G. Written procedure and practice shall specify a preventive maintenance program for the physical plant. The program shall include documentation of work performed, provisions for emergency repairs or replacement in life-threatening situations, and provisions for capital repairs.

H. Sleeping quarters and bathroom areas shall have a minimum of 20 foot-candles of light.

I. Sleeping quarters shall be properly ventilated with circulation at least seven cubic feet per minute of outside air or re-circulated air containing no less than 25% outside air per minute per occupant.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-150. Safety and emergency procedures. (Repealed.)

A. There shall be written emergency plans which outline duties of staff, procedures, and evacuation routes. Emergency plans shall include responses in the event of fire; chemical release; power, water, or heat loss; a natural disaster; the taking of hostages; riots; disturbances; absconding; bomb threats; suicide prevention/intervention; death and adverse job action. Plans shall be reviewed every 12 months by all staff. The review shall be documented.

B. There shall be a posted floor plan showing evacuation routes. The fire plan shall be reviewed at least every 12 months by the State Fire Marshal.

C. Fire drills shall be performed in accordance with emergency plans and shall include evacuation of offenders except where security would be jeopardized. Fire drills shall be held, documented, and evaluated for effectiveness at least every three months.

D. There shall be documentation that, through site visits every 12 months, the local fire department is familiar with the available equipment, physical layout, and emergency procedures of the unit. Additional site visits shall be required in cases of structural changes or additions to the unit.

E. The unit shall have the equipment necessary to maintain essential lights, power, and communications in an emergency. Testing shall be performed every three months and shall be documented.

F. The unit head shall ensure the facility complies with the regulations of the state or local fire safety authority which has jurisdiction over the facility.

G. Written procedure and practice shall provide for an inspection of the unit for compliance with safety and fire prevention standards at least every 30 days by a qualified departmental staff member. This procedure shall be reviewed at least every 12 months and updated as needed. In conjunction with the individual responsible for unit safety, action plans to correct deficiencies shall be written and directed to the unit head.

H. The unit shall have a manual fire alarm or an automatic smoke detection system or an automatic fire suppression system in all sleeping and living areas, and action plans shall be written and submitted for all areas of deficiencies. Other areas of the unit shall also have fire detection and suppression equipment as required by the State Fire Marshal.

I. Written procedure and practice shall specify the unit''s fire protection equipment type, use, and testing to include:

1. Availability of equipment at appropriate locations throughout the unit.

2. Training on the use of equipment.

3. Inspection of extinguishers at least every 12 months.

4. Inspection of range hoods at least every six months and cleaning as necessary. Inspections shall be performed by trained and qualified personnel.

5. Inspection of detection and suppression systems at least every three months.

6. Testing of fire alarms for function at least every three months.

J. Furnishings in offender living areas, including cleanable, nontoxic and flame-retardant mattresses and pillows, shall be selected based on known fire safety performance characteristics and in conformance with departmental procedures. Furnishings which no longer meet fire safety performance specifications shall be repaired or removed from service. This subsection is not applicable to diversion centers.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-160. Security management. (Repealed.)

A. There shall be a manual containing all procedures for unit security and control with detailed instructions for implementing these procedures. The manual shall be available to all staff and procedures reviewed and updated as necessary.

B. There shall be a written post order for each security post and a requirement for officers to read and be familiar with the order each time they assume a new post. Supervising personnel shall document that the post order has been discussed with the officer. Post orders shall be reviewed at least every 12 months.

C. Written procedure and practice shall require that correctional staff maintain a post log for each permanent post and other areas deemed necessary by the unit head. Such post logs shall record routine information, emergency situations, and unusual incidents.

D. Written procedure and practice shall provide that the unit maintains a written record of all security equipment.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-170. Security and control. (Repealed.)

A. The unit shall have a system for physically counting offenders.

B. Written procedure and practice shall provide that staff regulate offender movement.

C. Written procedure and practice shall provide for searches of the unit, staff, offenders, and visitors to control contraband and provide for disposition of the contraband pursuant to state law.

D. There shall be procedures concerning the operation and use of official vehicles and personal vehicles on state property, including provisions for parking in designated areas and for ensuring that vehicles are left locked with the windows rolled up when not in use.

E. Written procedure and practice shall govern the use of force, firearms, chemical agents, and security equipment.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-180. Keys and equipment. (Repealed.)

A. Written procedure and practice shall govern the distribution, use, and control of keys within the unit.

B. Written procedure and practice shall govern the use and storage of all tools, culinary equipment and hazardous materials, including flammable, toxic, and caustic materials, as well as security equipment.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-190. Security, isolation and detention. (Repealed.)

Written procedures and practice shall govern detention and removal of offenders. Written procedure shall provide for the issuance and execution of the Arrest Authority (PB-15).

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-200. Food service. (Repealed.)

A. Food service operations shall be supervised by a full-time staff member who is experienced in food service management. This subsection is not applicable to contracted services.

B. All meals shall meet or exceed nationally recommended dietary allowances.

C. Written procedure and practice shall require that accurate records are maintained of all meals served and that meals are planned in advance to ensure proper food flavor, temperature, and appearance.

D. Written procedure and practice shall provide for special diets as prescribed by appropriate medical or dental personnel.

E. Written procedure and practice shall require that at least three meals, including two hot meals, are provided at regular meal times during each 24-hour period, with no more than 14 hours between the beginning of the evening meal and the beginning of breakfast. Variations may be allowed based on weekend and holiday food service demands and security needs, provided basic nutritional goals are met.

F. Food service personnel, including offenders, shall receive a preassignment medical examination by medical personnel and an examination at least every 12 months thereafter to ensure freedom from diarrhea, skin infections, and other illnesses transmissible by food or utensils. Offenders and other persons working in food service shall be monitored continuously for health and cleanliness by the food service manager or designee.

G. Written procedure and practice shall require weekly inspections of all food service areas, including dining and food preparation areas and equipment, by the person supervising food service operations or his designee.

H. Shelf goods shall be maintained properly and safely. Refrigerated foods shall be stored at 45°F or below, and frozen foods shall be maintained at 0°F or below. Refrigerator and dishwater temperature shall be checked daily.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-210. Sanitation and hygiene. (Repealed.)

A. The unit shall comply with the requirements of appropriate regulatory agencies with regard to the potable water supply, control of vermin and pests, emissions, and water disposal systems.

B. The unit shall provide housekeeping and maintenance to ensure the facility is clean and in good repair.

C. Written procedure and practice shall provide for weekly sanitation inspections of the facility by designated staff. A report of findings and recommended corrective action shall be submitted to the unit head.

D. Written procedure and practice shall provide for the issue of clean suitable clothing to offenders. Protective clothing and safety equipment shall be provided when appropriate.

E. Written procedure and practice shall provide clean bedding, towels, washcloths and blankets to all offenders.

F. Written procedure and practice shall provide for the weekly laundering of bedding and clothing.

G. Written procedure and practice shall ensure that hair care services are available to offenders. When such services are provided at the facility, they must comply with applicable health requirements.

H. Written procedure and practice shall require that articles necessary for maintaining proper personal hygiene are available to all offenders through the unit commissary. Offenders shall be issued necessary personal hygiene articles. This subsection is not applicable to diversion centers.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-220. Health care services. (Repealed.)

A. Written procedure and practice shall provide that the unit head, in conjunction with the health authority, shall ensure that offenders are provided with health care services.

B. An offender copay program for health care services shall be administered in accordance with departmental procedures and shall require the following elements:

1. Written procedures shall govern the health care copay program and, at a minimum, specify the following information:

a. Health care services that are subject to fees;

b. Fee amounts;

c. Payment procedures;

d. Health care services that are provided at no cost;

e. Fee application to medical emergencies, chronic care, and pre-existing conditions; and

f. Written notification to offenders of proposed fee changes.

2. Offender payment for medical services shall be in accordance with set fees based upon only a portion of the costs of these services.

3. Offenders shall be advised of health care services and payment procedures at the time of admission or orientation. Such orientation shall be acknowledged in writing.

4. Written procedure and practice shall provide that no offender will be denied access to medically necessary services based upon ability to pay.

5. A separate account or accounting process shall be established and used exclusively for the deposit and disbursal of health services fees. Fee collections and disbursements shall be governed by generally accepted accounting principles.

C. Written procedure and practice shall provide access to adequate health care, 24-hour emergency medical services, and for a system for processing complaints about health care. These procedures shall be communicated to offenders upon arrival at the unit.

D. Written procedure and practice shall provide that there are provisions for continuity of health care from admission to discharge.

E. Written procedure and practice shall require that the Office of Health Services conduct a documented, quality assurance review for each unit every other year. Action plans shall be written for all areas of deficiency. This subsection is applicable to those facilities that provide health care services onsite to offenders.

F. Written procedure and practice shall govern the use of restraints for medical and psychiatric purposes, and shall identify the authorization needed, as well as when, where, and how restraints may be used and for what duration of time.

G. Written procedure and practice shall require that all medical, psychiatric, dental, and nursing matters involving medical judgment are the sole province of the responsible physician, dentist, and nurse, respectively.

H. Written procedure and practice shall provide that the medical staff reports immediately to the unit head and Office of Health Services any condition that poses a threat to health and safety. This subsection is applicable to those facilities that provide health care services onsite to offenders.

I. Written procedure and practice shall ensure that the unit provides adequate space, equipment, supplies, and materials for the delivery of health care when such service is provided on site.

J. Written procedure and practice shall provide that first aid kits and emergency medical supplies are inventoried and perpetually available.

K. Written procedure and practice shall require that medical staff are responsible for checking, maintaining and testing all medical equipment according to manufacturers'' recommendations and that the equipment is safeguarded from offender access. This subsection is applicable to those facilities that provide health care services onsite to offenders.

L. Written procedure and practice shall require that all medical personnel who provide health care services to offenders meet state licensure, certification and registration requirements. This subsection is applicable to those facilities that provide health care services onsite to offenders.

M. Written procedure and practice shall provide that all treatment by health care personnel other than physician, dentist, psychologist, optometrist, and other independent provider is performed pursuant to written protocols by personnel authorized by law to give such orders.

N. Written procedure and practice shall provide that nonmedical personnel involved in the distribution and/or administration of non-over-the-counter medications or in providing other medical services are trained according to Department of Corrections, Office of Health Services'' procedures.

O. Written procedure and practice shall provide for on-site emergency first aid, CPR and crisis intervention. In addition, direct care and custodial staff are trained to recognize signs and symptoms of mental illness and chemical dependency.

P. Offenders shall not be used for the following duties:

1. Performing direct patient care services, with the exception of assisting in feeding and movement by wheelchair, stretcher, and turning patient over in bed;

2. Scheduling health care appointments;

3. Determining access of other offenders to health care services;

4. Handling or having access to surgical instruments, needles, medications, and medical records; and

5. Operating diagnostic and therapeutic instruments.

Q. Written procedure and practice shall provide that health care personnel are provided opportunities for orientation and training.

R. At the time of the offender''s referral, a medical assessment shall be completed. Staff shall be made aware of special medical problems.

S. Written procedure and practice shall provide that all offenders undergo a health screening by qualified medical personnel upon arrival at the unit or no later than one working day thereafter. All findings shall be recorded on forms approved by the Office of Health Services.

T. Written procedure and practice shall provide for the identification and management of tuberculosis and other communicable diseases and that these policies and procedures are updated as new information becomes available.

U. Written procedure and practice shall provide that offenders have access to mental health services.

V. Services shall include a mental health screening upon arrival, crisis intervention, and a system to return the offender to the originating jurisdiction when mental health services are beyond the resources of the unit.

W. Written procedure and practice shall provide that treatment of an offender''s health problems are not limited by the resources available within the unit and that hospital care is available for emergency needs at a facility outside the unit.

X. Written procedure and practice shall require that regularly scheduled sick call is conducted by qualified health care personnel and is available to all offenders. This subsection is applicable to those facilities that provide health care services onsite to offenders.

Y. Written procedure and practice shall prohibit offenders from choosing their own health care provider and shall require procedures for documentation of refusal to accept treatment. This subsection is applicable to those facilities that provide health care services onsite to offenders.

Z. Written procedure and practice shall provide that written informed consent for offender health care is obtained where required and documented.

AA. When health care is rendered against the patient''s will, it shall be in accord with state and federal laws and regulations.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-230. Health records. (Repealed.)

A. Written procedure and practice shall govern the creation, organization, maintenance, and storage of a complete health record for each offender which documents all the health services rendered during the entire period of participation.

B. Written procedure and practice shall provide for confidentiality of the health record and shall support the following requirements:

1. The health record shall be maintained separately from the unit record.

2. Access to the health record shall be controlled by the health authority and shall be granted only to those who require it under departmental procedures.

3. The health authority shall share with the unit head information regarding security, offender medical management, and ability to participate in programs.

C. Written procedure and practice shall require that inactive health record files are retained as permanent records in compliance with departmental procedures.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-240. Pharmacy services. (Repealed.)

Written procedure and practice shall govern the possession, control, and distribution of prescribed medications and over-the-counter drugs.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-250. Serious illness and death. (Repealed.)

A. Written procedure and practice shall specify and govern the process by which those individuals designated by the offender are notified in case of the offender''s serious illness, injury, or death.

B. Written procedure and practice shall specify and govern the actions to be taken in the event of an offender death.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-260. Legal and programmatic rights of offenders. (Repealed.)

A. Written procedure and practice shall provide that program access, work assignments, and administrative decisions are made without regard to an offender''s race, religion, national origin, sex, handicap, or political views.

B. Written procedure and practice shall protect offenders from personal abuse, corporal punishment, personal injury, disease, property damage, and harassment.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-270. Offender rules and discipline. (Repealed.)

A. Written rules of offender conduct shall specify prohibited acts and disciplinary procedures. Signed acknowledgment of receipt of the rules shall be maintained in the offender''s file.

B. Written procedure and practice shall provide for an offender disciplinary procedure.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-280. Mail, telephone, and visiting. (Repealed.)

A. Written procedure and practice shall govern offender correspondence which includes:

1. Procedures which ensure that offender mail shall not be read except where there is a reasonable belief that there is a threat to unit order and security, and then only in accordance with written procedure.

2. Inspection of offender mail for contraband and disposition of contraband.

B. Written procedure and practice shall govern offender telephone privileges.

C. Written procedure and practice shall provide visiting privileges for offenders and specify the time, screening, frequency, and number of visitors and shall make provisions for special visits.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-290. Work programs. (Repealed.)

A. Written procedure and practice shall provide for offender participation in a work program.

B. Employees shall be trained in offender work supervision prior to independent functioning as work supervisors.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-61-300. Educational services, religious programs, and counseling. (Repealed.)

A. The unit shall provide access to academic programs.

B. An offender''s attendance and participation in religious services and activities shall be voluntary.

C. Written procedure and practice shall provide for a system of programs at each unit.

D. Written procedure and practice shall provide that staff is available to counsel offenders and that provision is made for counseling and crisis intervention services.

E. Treatment and professional services shall be provided by persons qualified by either formal education, training or licensure.

F. Written procedure and practice shall provide that a community re-entry plan be developed for each offender and submitted to the receiving unit prior to discharge.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 17, eff. September 1, 1998; repealed, Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

CHAPTER 62
STANDARDS FOR STATE COMMUNITY CORRECTIONS UNITS

6VAC15-62-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Arrest authority (PB-15)" means a written statement or document issued by the probation and parole officer for the arrest and detention of a delinquent offender.

"Assessment" means the process that identifies the risk level and criminogenic needs of the offender; information obtained during the assessment should be used in creating the supervision plan.

"Case record" means a confidential written record regarding an offender that includes documentation of actions that have occurred.

"Community correctional facilities" means diversion centers and detention centers.

"Conditions of supervision" means a document that details the rules an offender must abide by in order to successfully complete supervision.

"Early release" means release prior to the specified term of supervision.

"Evidence-based practices (EBP)" means the policies, protocols, practices, programs and services that have been demonstrated to be effective in reducing risks of re-offending.

"Field staff" means those professionals assigned case responsibility for investigation, control, supervision and provision of program services to offenders.

"Fraternization" means the act of or giving the appearance of association with offenders or their family members that extends to unacceptable, unprofessional and prohibited behavior.

"Grievance process" means methodology that affords a means to address complaints with administration or supervision.

"Incentives" means approved responses to positive behaviors.

"Manual" means a written compilation of operating procedures and guidelines.

"Offender" means any person placed under the supervision of the Virginia Department of Corrections.

"Plan of supervision" or "supervision plan" means the goals and objectives of supervision that should be jointly developed between the offender and supervising staff and outlines the requirements for offenders while on supervision, identifies offender goals, and outlines the activities necessary to achieve those goals; the officer's surveillance, verification, referral and monitoring responsibilities are defined in conjunction with each offender goal.

"Presentence report" means a criminal and social history of an offender prepared prior to the sentencing event.

"Professional staff" and "professional specialists" mean probation and parole officers, surveillance officers, substance abuse counselors and other staff assigned to offender cases. These individuals generally possess bachelor's degrees and advanced training in the social or behavioral sciences.

"Program" means any organized set of services designated to affect thinking and behavior or teach knowledge or skills.

"Risk" means the factors that influence or predict criminal behavior.

"Sanctions" means approved responses to negative behavior.

"Screening" means the preliminary process used to identify a potential problem area or areas that may require a specialized assessment.

"Unit head" means the individual who has overall responsibility for the operation of a program or facility, including the application of state funds provided for that purpose.

"Violation" means an action or inaction by an offender that is contrary to the conditions of supervision and is considered technical when it does not involve the commission of a new offense.

"Volunteer" means an individual who provides services without compensation.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-62-20. Legal standard.

Nothing contained in these standards shall be construed as setting a legal standard for the management or operation of any facility for purposes of litigation by offenders.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-62-30. Responsibility; enforcement.

A. The unit head shall be responsible for ensuring that the requirements described in these standards are implemented.

B. These standards shall be enforced through the Board of Corrections regulation 6VAC15-20, Regulations Governing Certification and Inspection.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-62-40. Applicability.

A. These standards shall apply to Department of Corrections Community Corrections Probation and Parole Districts.

B. These standards shall not apply to Department of Corrections State Community Corrections facilities. Standards for State Community Corrections facilities shall be regulated by the American Correctional Association performance-based standards for Adult Community Residential Services.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-62-50. Organization and administration.

A. Probation and parole districts are located in areas with community input that are optimally accessible to offenders'' places of residence and employment, to transportation networks, and to other community agencies.

B. Written policy, procedure and practice provide that requests from federal, state, and local legislative and executive bodies for information concerning programs and specific cases are responded to promptly and fully by district staff in accordance with provisions relevant to the right to privacy.

C. There is a written description and organizational chart that reflects the current structure of authority, responsibility, and accountability within the district. These documents are reviewed at least annually and are updated as needed.

D. Written policy, procedure, and practice provide for the participation of all employees in staff meetings related to their respective duties. Such meetings are to be conducted at least every other month.

E. There is general personnel policy information that includes but is not limited to the following subjects. Access to this information is available to each employee. Access to individual personnel records and employee evaluations is limited to the affected employee and other properly authorized persons:

1. Organizational chart

2. Recruitment procedures

3. Equal employment opportunity provisions

4. Job qualification, descriptions and responsibilities

5. Basis for determining salaries

6. Benefits, holidays, leave and work hours

7. Personnel records

8. Employee evaluation

9. Staff development, including in-service training

10. Promotion

11. Physical fitness policy

12. Retirement, resignation and termination

13. Statutes related to political activities

14. Employee-management relations, including harassment

15. Fraternization

16. Disciplinary procedures

17. Grievance procedures

18. Insurance and professional liability requirements

F. A unit manual, including policies, procedures, rules and regulations of the district is developed and maintained by the unit head. The manual is reviewed annually, updated as procedures change, and is available to all staff.

G. Written policy, procedure and practice provide that new or revised policies and procedures are disseminated to designated staff and volunteers and, when appropriate, to probationers and parolees prior to implementation.

H. Written policy, procedure and practice provide that consultants, contract personnel, volunteers and interns who work with clients are informed in writing about the unit''s policies on confidentiality of information and agree to abide by them.

I. Written policy, procedure and practice govern the dissemination of case information to the public and addresses confidentiality requirements and the designation of who provides such information.

J. Written policy procedure and practice provide for the investigation of citizen complaints about the district.

K. The district provides the clerical support needed to accomplish its stated goals.

L. Written policy, procedure and practice exist to ensure that the privacy of offenders and other parties will be maintained during all research.

M. The district''s statement of purpose affirms that the supervision program is to provide necessary services to the offender with the goal of reducing the probability of continued criminal behavior on the part of the offender.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-62-60. Personnel.

A. Written policy, procedure and practice provide a mechanism to process requests for reasonable accommodation to the known physical or mental impairments of a qualified applicant or employee with a disability. The accommodation need not be granted if it would impose an undue hardship or direct threat.

B. An entry-level probation and parole officer possesses a minimum of a bachelor''s degree or has completed a career development program that includes work-related experience, training, or college credits providing a level of achievement equivalent to a bachelor''s degree.

C. The unit head maintains a current, accurate, confidential and secure personnel record on each employee. Information obtained as part of a required medical examination (or inquiry) regarding the medical condition or history of applicants and employees is collected and maintained on separate forms in separate medical files and treated as confidential medical records.

D. A thorough background investigation will be conducted to include immigration status, criminal record and DMV check on all new or prospective employees, contract personnel, interns and volunteers to ascertain whether there may be criminal convictions that would affect job performance or delivery of services.

E. A written annual performance review of all employees is conducted that is based on defined criteria and is reviewed and discussed with the employee.

F. The unit head makes available to all employees a written code of ethics that prohibits employees from using their official positions to secure privileges for themselves or others and from engaging in activities that constitute conflict of interest.

G. Written policy prohibits personnel from accepting any gift or gratuity from an offender or an offender''s immediate family or from engaging in personal business transactions with the offender or the offender''s immediate family.

H. Written policy, procedure and practice encourage and provide for employees to continue their education.

I. The district encourages employees to attend professional meetings, seminars, and similar work-related activities, and provides administrative leave and/or reimburses employees for expenses connected with these activities.

J. A full-time supervisor does not supervise more than 12 field staff members.

K. Field staff who have caseloads will report to a supervisor who is trained in the supervisory function to provide ongoing reviews of field supervision and staff compliance with policies and procedures.

L. Written policy, procedure and practice permit employees to challenge information in their personnel file and have it corrected or removed if it is proven inaccurate.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-62-70. Citizen and volunteer involvement.

A. Written policy, procedure and practice for volunteer citizen involvement include a system of selecting, training, deciding on the term of service, terminating service, and defining tasks, responsibilities and authority of volunteers.

B. Written policy, procedure and practice specify the lines of authority, responsibility, and accountability for the program's citizen involvement and volunteer services program.

C. Written policy, procedure and practice call for the recruitment of volunteers from all cultural and socioeconomic segments of the community.

D. Written policy, procedure and practice specify that volunteers may perform professional services only when certified or licensed to do so.

E. Written policy, procedure and practice specify that volunteers agree in writing to abide by all agency policies, particularly those relating to the security and confidentiality of information.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-62-80. Training and staff development.

A. All new full-time employees shall receive 40 hours of orientation training within the first 90 days of employment. Orientation training includes a minimum of the following: orientation to the purpose, goals, policies, and procedures of the district and parent agency; working conditions and regulations; employees'' rights and responsibilities; and an overview of the correctional field. Depending on the employee and the particular job requirements, orientation training may include preparatory instruction related to the particular job.

B. All administrative and professional staff shall receive 40 hours of training each year after their first year of employment.

C. All professional specialist employees shall receive 20 hours of training in their specialty in addition to orientation training during their first year of employment and 20 hours of training each year thereafter.

D. All part-time employees working less then 35 hours per week shall receive orientation within the first 90 days of employment and additional training appropriate to their assignment.

E. Written policy, procedure and practice govern the issuance of authorization to carry a firearm or other weapon. This includes the requirements for a medical or physical evaluation, psychological examination, drug and alcohol screening, and completion of an approved firearms training course.

F. If firearms are used by any employee of the agency, written policy, procedure and practice govern the use of the firearm including the following:

1. Weapons are subjected to stringent safety regulations and inspections.

2. Employees to whom firearms are issued follow procedures that specify methods for ensuring the security of weapons.

3. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee believes that a person''s life is in immediately threatened.

4. In the performance of their duty, employees use only firearms approved by the parent agency and use them only when directed by or authorized by the director or supervisor in charge.

5. Employees are instructed as to how and under what circumstances they are allowed to carry firearms.

G. If firearms are used by any staff member, written policy, procedure and practice provide the following:

1. Prior to assignment to a position involving possible use of a firearm, all personnel authorized to use firearms receive appropriate firearm training; this training covers the use, safety, care and constraints involved in the use of firearms, and

2. All authorized personnel are required to demonstrate competency in the use of firearms at least annually.

H. Written policy, procedure and practice provide that a supervisor may revoke the authorization to carry a firearm and to seize and secure a weapon when reasonable cause exists, followed by an administrative review.

I. Written policy, procedure and practice require that officers notify the district of physical and pharmacological conditions that could affect their ability to perform their duties to carry a firearm or other weapon safely.

J. Written policy, procedure and practice provide that where officers are authorized to carry firearms and other weapons in the performance of their duties, the policy specifies those situations where agency personnel may carry and use these weapons.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-62-90. Fiscal management.

A. The unit head is responsible for controlling the budget, including authorizing purchases, tracking expenditures, and monitoring receipt of goods and services.

B. Collection of moneys will be done in accordance with Chapter 48 (§2.2-4800 et seq.) of Title 2.2 of the Code of Virginia and Department of Corrections accounting procedures.

C. Funds are available for purchasing community services to assist offenders and to supplement existing programs.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-62-100. Case records.

Written policy, procedure and practice govern case record management and includes, but is not limited to, the privacy, security, preservation and a schedule for retiring or destroying inactive case records. These policies and procedures are reviewed annually.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-62-110. Supervision.

A. Where statute authorizes arrest authority for probation and parole officers, written policy, procedure and practice define the scope of these powers.

B. Written policy, procedure and practice provide that a pre-arrest briefing shall be conducted prior to a planned arrest with all staff and other law-enforcement agencies participating in the action.

C. Written policy, procedure and practice provide procedures for probation and parole officers to transport offenders.

D. Written policy, procedure and practice govern critical incident protocol.

E. Written policy, procedure and practice govern classification and supervision of offenders in order to safeguard the community and meet the program needs of the offender. Offenders should be placed in the appropriate supervision level after the initial interview as required; such level to be determined by an approved risk assessment tool and process. Reclassification should occur at six-month evaluation periods or where warranted and be recorded and justified in the chronological record.

F. Written policy, procedure and practice provide for the field officer and offender to jointly develop and follow up on a written supervision plan that includes:

1. Specific supervision objectives (including the safeguarding of the community and meeting the program needs of the offender and methods to achieve the objectives.

2. An initial assessment of each offender (and all subsequent reassessments) using a standardized and validated assessment tool.

3. Specific criteria for determining and changing an offenders supervision plan.

4. Regular reviews of the offenders progress with an individual supervision plan.

5. Appropriate programs and services and proportionate incentives and sanctions.

6. Adjustments to the individual plan made based on the reassessment and in accordance with the offenders performance in the community.

Any review results are recorded in the case file and communicated with the offender.

A review and update of the offenders plan, as needed, is performed at least annually.

G. The probation/parole district staff may request the court or the paroling authority to add, remove or modify any of the special conditions, including early termination of supervision, where indicated.

H. The conditions of probation/parole are furnished in writing to the offender. When a problem prevents an offender from understanding conditions of supervision, a field officer or other person should assist the offender in understanding them. The offender acknowledges in writing that he has received and understands the conditions or there is certification to that effect.

I. Written policy procedure and practice provide that access to supervision staff is available 24 hours a day. Offenders should be made aware that 24-hour access is available and informed of methods for obtaining access.

J. Written policy, procedure and practice provide that the security of the offenders file and file material is maintained.

K. Written policy, procedure and practice preclude offenders from being confronted with possible probation/parole violations for failure to meet financial obligations other than those that are conditions of probation/parole.

L. Written policy, procedure and practice provide for reviews of offender progress with recommendation of early termination of supervision where indicated. The results of such reviews are recorded in the case file.

M. Male and female offenders under supervision have equal access to all agency programs and activities.

N. Written policy, procedure and practice define, in accordance with the courts or parole authority, the types of minor violation that can be resolved by field staff.

O. Written policy, procedure and practice require that all alleged probation/parole violations be reviewed by the probation and parole officer with the supervisor prior to formal violation proceedings.

P. Written policy, procedure and practice provide that all arrests and alleged probation/parole violations are investigated immediately; all serious arrests and major probation/parole violations are reported promptly in writing to the proper authority. A serious incident report will be sent to the regional director and the deputy director as required by directives and procedures.

Q. Written policy, procedure and practice require that a probable cause hearing be held within 14 calendar days upon notification of the arrest and detention of the parolee or the lodging of the detention warrant. However, when there has been a conviction or a finding of probable cause on new criminal charges, the preliminary hearing is not required.

R. The probable cause hearing is held in or near the community where the violation is alleged to have occurred or where the offender has been taken into custody whenever possible.

S. Written policy, procedure and practice provide that the probable cause hearing may be delayed or postponed for good cause and the parolee may waive the hearing if first informed of his rights pertaining to the hearing and the consequences of waiving the hearing.

T. When requested by the revoking authority, a member of the administrative staff conducts a probable cause hearing and makes findings as to probable cause for revocation.

U. Written policy, procedure and practice require that the probable cause hearing is conducted by an administrative staff member who has no knowledge of the alleged violations.

V. Written policy, procedure and practice require that at least three days prior to the probable cause hearing, the parolee is notified in writing of the time and place of the hearing and of the specific violation or violations charged. The parolee is also advised in writing of the right to:

1. Present evidence and favorable witnesses.

2. Disclosure of evidence.

3. Confront adverse witnesses, unless the witnesses would be subjected to a risk of harm.

4. Have counsel of choice present or, in the case of indigent persons who request assistance to adequately present their case, may have counsel appointed.

5. Request postponement of the hearing for good cause.

W. Written policy, procedure and practice specify that the person who conducts the probable cause hearing determines whether there is probable cause to revoke parole and hold the offender for a revocation hearing before the revoking authority. The revoking authority may empower the hearing officer to defer the revocation recommendation, restore the offender to supervision, and employ available sanctions or report the findings and recommendation to the authority for a decision as to revocation. The hearing officer issues a verbal decision or recommendation immediately after the hearing and provides a written decision to the offender within 21 calendar days of the hearing.

X. Written policy, procedure and practice specify that the parolee is recommended for incarceration only when probable cause is found at the probable cause hearing and when it is determined, after considering the appropriateness of less severe sanctions, that the clear interest of the public requires incarceration.

Y. When violations occur, alternatives to revocation and incarceration are considered to the extent that public safety is not endangered and the possibility of successful community adjustment exists.

Z. Written policy, procedure and practice govern, in conformance with prevailing law, cooperation with law-enforcement agencies in efforts to apprehend offenders known to be or suspected of being involved in criminal activities.

AA. Written policy, procedure and practice specify the types of actions required to locate and recover absconders.

BB. Written policy, procedure and practice govern the exercise of authority for the arrest and detention of offenders pending a determination by the revoking authority as to whether probation/parole should be revoked.

CC. The authority for the arrest and detention of offenders is exercised only upon adequate evidence of a probable serious violation or repeated pattern of violation of conditions and a compelling need for detention pending the revoking authoritys initial revocation decision.

DD. Written policy, procedure and practice provide for the use of physical force only in instances of justifiable self-defense and protection of others and in accordance with appropriate statutory authority. Only the minimum force necessary is employed.

EE. All incidents involving use of physical force are reported full, promptly and in writing to administrative staff for their information and review. All injuries are reported in writing and treated promptly.

FF. Special supervision reports are prepared whenever an unusual situation involving the offender occurs.

GG. Written policy, procedure and practice require that all offenders are informed of the grievance process available to them at the time of the initial interview.

HH. Written policy, procedure and practice govern the transfer, acceptance, rejection, or termination of interest in cases to and from other jurisdictions in accordance with the Rules effective January 1, 2007, adopted by the Interstate Compact for Adult Offender Supervision pursuant to Articles V and VIII of the Interstate Compact for Adult Offender Supervision.

II. Written policy, procedure and practice provide that probationers and parolees will sign all current Interstate Compact forms found on the interstate website (www.interstatecompact.org) that are necessary for movement and acceptance in the receiving state. The receiving district has 30 days from receipt of the request to conduct the investigation and provide a response.

JJ. Written policy, procedure and practice provide that the receiving state shall assume supervision standards and services that prevail for its own probationers and parolees, as well as for the sending states. The duration of supervision will be determined by the sending state and by court order. The degree of supervision shall be determined by the receiving state.

KK. Written policy, procedure and practice provide that required reports be submitted annually, upon case closure or upon request per the Rules effective January 1, 2007, adopted by the Interstate Compact for Adult Offender Supervision pursuant to Articles V and VIII of the Interstate Compact for Adult Offender Supervision.

LL. Written policy, procedure and practice provide that the receiving state shall be notified of any significant violations of parole and probation within 30 days per the Rules effective January 1, 2007, adopted by the Interstate Compact for Adult Offender Supervision pursuant to Articles V and VIII of the Interstate Compact for Adult Offender Supervision.

MM. Written policy, procedure and practice provide that preliminary on-site hearings will be conducted under the rules of the receiving state following due process as required by law.

NN. Written policy, procedure and practice provide that the initial personal contact between the newly released offender and the field staff takes place as soon as possible, but not more than five working days after the offenders release to supervision unless otherwise agreed upon prior to release.

OO. Parole violation reports are submitted within five working days after the hearing.

PP. The probation and parole staff provides assistance and services to ex-offenders who request such help consistent with the provisions of subdivision 3 of §53.1-145 of the Code of Virginia and applicable procedures.

QQ. The district cooperates in providing information on the legitimacy of transition visits.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

6VAC15-62-120. Investigations.

A. Written policy, procedure and practice specify that the primary purpose of the presentence report is to provide the sentencing court with timely, relevant, and accurate data so that it may select the most appropriate sentencing alternative and correctional disposition; subject to this primary purpose, the report is prepared in a manner to serve the needs of any correctional institution or field agency that may receive the offender.

B. Written policy, procedure and practice provide for interviewing the victim when appropriate or possible. The information obtained is contained in the presentence report.

C. Written policy, procedure and practice permit the use of staff other than probation and parole officers to collect information during the presentence investigation.

D. The presentence report is submitted to the court for review and evaluation a minimum of five calendar days in advance of the date set for sentencing.

E. All presentence reports and recommendations are subject to review by a supervisor or their designee prior to submission to the court.

F. Written policy, procedure and practice protect the confidentiality of presentence reports and case records.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.

FORMS

Incident Report Form, rev. 10/06.

DOCUMENTS INCORPORATED BY REFERENCE

Rules effective January 1, 2007, adopted by the Interstate Compact for Adult Offender Supervision pursuant to Articles V and VIII of the Interstate Compact for Adult Offender Supervision.