Preliminary Draft Text
6VAC15-40-5. Compliance documentation.
The elements listed in the compliance documentation shall be interpreted as part of the standard. If facility policy exceeds the requirement of the standard, the facility will be held to the content of such policy.
Part I
General Provisions
6VAC15-40-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Administrative segregation" means a form of
separation from the general population when the continued presence of the
inmate in the general population would pose a serious threat to life, property,
self, staff or other inmates, or to the security or orderly running of the institutionfacility.
Inmates pending investigation for trial on a criminal act or pending transfer
can also be included.
"AnnuallyAnnual" means an action
performed each calendar year.
"Appeal" means the procedure for review of an action by a higher authority.
"Audit" means the determination of facility compliance with standards through an examination of records and operations by a team of qualified professionals.
"Automated External Defibrillator (AED)" means a device that automatically analyzes the heart rhythm and permits a shock to be delivered to restore a normal heart rhythm if a problem is detected.
"Certification" means an official approval by the Board of Corrections that allows a facility to operate.
"Chief executive officer" means the elected or appointed individual who by law or position, has the overall responsibility for the facility's administration and operation.
"Civilian personnel" (as referenced in 6VAC 15-40-840) means non-sworn facility employees who have been provided with on-the-job training in facility security procedures, emergency plans and communications, and are assigned to posts that do not require direct inmate contact and supervision.
"Classification" means the process for determining inmate housing, custody and program assignments.
"Communication system" means a mechanical audio transmission such as telephone, intercom, walkie talkie or T.V. monitor.
"Compliance and Accreditation Unit" means the unit within the Department of Corrections responsible for conducting triennial certification audits and yearly unannounced Life, Health, Safety inspections of local and regional jails and lockups.
"Compliance documentation" means the required documentation (in conjunction with the requirements of the Board of Corrections Standards for Jails and Lockups) that is used to determine compliance during triennial certification audits and yearly unannounced Life, Health, Safety inspections.
"Contraband" means any item possessed by inmates
found in the possession of an inmate or found within the jail or lockup
that is illegal by law or not specifically approved for inmate possession by
the facility administrator. of the facility.
"Correctional status information" meansrecords and data concerning a convicted person's custodial status, including probation, confinement, work release, study release, escape or termination of custody through expiration of sentence, parole, pardon or court decision.
"Criminal history record information" means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information or other formal charges and any disposition arising there from. The term shall not include juvenile record information, which is controlled by Chapter 11 (§16.1-226 et seq.) of Title 16.1 of the Code of Virginia, criminal justice investigative information or correctional status information.
"Culinary items" means utensils used in a kitchen to prepare and serve food, including knives.
"Current" means not more than one year old.
"Daily log" means a written or electronic record for the recording of daily activities or unusual incidents.
"Department" means the Department of Corrections.
"Detainee" means any person confined but not serving a sentence.
"Director" means the Director of the Department of Corrections.
"Disciplinary detention" means the separation of an inmate from the general population for misconduct and/or violations of regulations.
"Disposition" (as referenced in 6VAC 15-40-910) means the end result of items found during searches of the facility (returned to property, disposed of, etc.)
"Duty post" means a fixed or mobile work location in which the safety and security of the facility and inmates is carried out.
"Educational releast" means an approved absence from the facility for the purpose of participating in an educational program.
"Emergency plant" means the written procedures for staff responsibilityin the event of fire, hazardous material release, loss of utilities, natural disaster, hostage situations, riots, disturbances, escapes, bomb threats and mass arrest.
"Erroneous release" means the inadvertent release of an inmate or detainee from the physical plant of the facility.
"Facility" means the actual physical setting in which a program or agency functions.
"Fire prevention practices and emergency plans"
means the activities and written procedures utilized and rehearsed to ensure
the safety of staff, inmates and public.
"Fire prevention practices" means the maintenance of smoke detection equipment, fire extinguishers serviced, ensuring living areas are kept free of clutter and proper storage of combustible materials.
"Fire safety inspection" means an inspection
conducted by the Office of State Fire Marshal State fire Marshal's
Office or local fire department approved fire marshal.
"Formal count" means a personal observation and counting of each inmate.
"Furlough" means an approved leave of absence from the facility granted to an inmate.
"Good time" means earned credits that will reduce an inmate's time served.
"Grievance procedure" means the method by which inmates may formally address complaints to the facility administration.
"Health care personnel" means individuals whose primary duties are to provide health services to inmates.
"Health inspection" means an inspection conducted
by the local or state Department of Health.
"Impartial officer or committee" means individual(s)
who are unbiased and are not directly involved in the particular
incident or situation being reviewed.
"Indigent inmate" means an inmate having less than the equivalent of the cost of five first class stamps in his or her account for 15 days.
"Inmate" means any person classified and confined inside the secure perimeter of the facility.
"Inmate handbook" means a manual, pamphlet or handout that contains information describing facility rules, inmate activities and conduct.
"Inmate records" means written or electronic
information concerning the individual's an inmate's personal,
criminal and medical history, behavior and activities while in custody.
"Inmate worker" means an inmate classified and assigned to perform various duties and tasks inside and outside the facility under supervision of staff.
"Juvenile" means a person less than 18 years of age who is not adjudicated as an adult.
"Legal mail" means mail addressed to or received from an attorney or court.
"Local offender" means an individual who has a
conviction but who is not a state offender in accordance with § 53.1-20 of the
Code of Virginia.
"Lockup" means a temporary detention facility where detainees are held for not more than 12 hours.
"Material Safety Data Sheet (MSDS)" means a document containing information on potential health effects of exposure to chemicals or other potentially dangerous substances, and on safe procedures when handling chemical products.
"Medical authority" means physician or nurse.
"Medical co-payment" means the amount (dictated by facility policy; to be a portion of the costs) an inmate pays for medical services.
"Medical screening" means an observation and interview process within the booking procedure designed to obtain pertinent information regarding an individual's medical or mental health condition.
"Model Plan for Jail Prisoner Medical Treatment Programs" means the model plan for medical treatment fees developed by the Board of Corrections to serve as a guide for the establishment of a medical treatment program per §53.1-133.01 Code of Virginia.
"Orientation" means information for newly admitted inmates pertaining to facility rules and regulations, access to medical services, medical services fees and payment procedures, and programs available.
"Permanent record" means a written or electronic
record of a facility's activities that cannot be altered or destroyed subject
to state law.
"Pharmaceuticals" means prescription and nonprescription drugs.
"Policy" means a written guideline pertaiing to an aspect of jail operations.
"Policy and procedures manual" means a written or electronic record containing all policies and procedures needed for the operation of the facility in accordance with the law and the minimum standards for local jails and lockups.
"Post order" means a list of specific job functions and responsibilities required of each duty post or position.
"Procedure" means a method or stem for the enforcement or administration of facility policy and rules.
"Program" means the plan or system through which a correctional agency works to meet its goals; often the program requires a distinct physical setting.
"Protective custody" means a form of separation from the general population for inmates requesting or requiring protection from other inmates.
"Quarterly" means an action that occurs once every three months within a calendar year.
"Recognized certifying agency" (as referenced in 6VAC 15-40-390) means an agency, such as the American Red Cross, the American Heart Association, or a local hospital or fire department, that is approved and recognized as being qualified to instruct First Aid and CPR courses.
"Recreational activities" means any out-of-cell activity ranging from scheduled outside or inside recreation to informal tabletop games.
"Regional jail" (as defined in §53.1-82 Code of Virginia) means three or more counties or cities, or any combination thereof, that are authorized to contract for services for the detention and confinement of categories of offenders in single or regional jail facilities operated by the contracting jurisdictions. In addition, (i) any three or more counties, cities or towns, or any combination thereof, operating a jail facility pursuant to an agreement for cooperative jailing established on or before January 31, 1993, (ii) any existing regional jail facilities established by only two cities, counties, or towns on or before June 30, 1982, and (iii) any regional jail facilities established by only two contiguous counties whose boundaries are not contiguous by land with the boundaries of any other county in the Commonwealth, may participate under the provisions of this section. The Board shall promulgate regulations specifying the categories of offenders which may be served pursuant to the contracts provided for herein.
"Rehabilitation release" means an approved absence from the facility for the purposes of participating in a rehabilitation program.
"Sharps" means any medical or dental instrument (lancet, needle, syringe, scalpel, etc.) stored and used within the facility.
"State offender" means an individual sentenced to a
term of incarceration in accordance with § 53.1-20 of the Code of Virginia. For the purpose of 6VAC15-40-230 and 6VAC15-40-240 relative to work release,
educational release or rehabilitative rehabilitation release, a
state offender shall be defined in terms of the intake schedule pursuant to §
53.1-20 of the Code of Virginia.
"The Board" means the Board of Corrections.
"Trained" means completion of on-the-job training, including, at a minimum, the following topics: key control, count procedures, emergency plans, first-aid and CPR, universal precautions, suicide prevention, use of force, emergency communication, and security operations. A supervisor or field training officer current in Basic Jail Training shall verify in writing the the individual has received on-the-job training and is competent in said training. The scope and breadth of the training shall be at the discretion of the Sheriff or facility administrator.
"Twelve (12) months" means no later then the last day of the same month each year.
"Universal precautions" means a set of procedural
directives and guidelines detailing placing barriers between staff and all
blood and body bodily fluids. These directives include provision
of provisions for protective barrier devices, standardized labeling
of biohazards, mandatory training of employees in universal precautions,
management of exposure incidents, and the availability to employees
of immunization for employees against Hepatitis B.
"Virginia Department of Health (VDH) inspection" means the required 12 month inspection conducted by the VDH.
"Volunteer" means an individual who provides
services to the detention facility without compensation.
"Work day" means Monday through Friday.
"Work release" means full-time employment or participation in suitable vocational training programs.
6VAC15-40-30. Requirement for written statement.
The facility shall have a written statement and policy discussing its philosophy, goals and objectives. The written statement shall be reviewed every 12 months by administrative staff.
6VAC15-40-40. Policy and procedures manual.
Written policy and procedures shall be maintained and shall
be available 24 hours a day to all staff. The facility's policies and
procedures shall be reviewed every 12 months by the administration administrative
staff and updated to keep current with changes.
6VAC15-40-60. Annual report.
A written annual report of the availability of services and
programs to inmates in a facility shall be reviewed by the facility
administrator and provided to the sentencing courts and may be provided
to relevant community agencies.
6VAC15-40-90. Content of personal inmate records.
Personal records shall be maintained on all inmates committed
or assigned to the facility. Inmate records shall be kept confidential,
maintained securely and in good order to facilitate timely access by staff.
These Inmate records shall contain, but not be limited to:
1. Inmate data form;
2. Commitment form or court order, or both;
3. Records developed as a result of classification;
4. All disciplinary actions, or unusual incidents;
5. Work record and program involvement; and
6. Copies of inmates' property expenditure records and receipts.;
and
7. Victim notification when required (if applicable).
6VAC15-40-100. Daily logs.
The facility shall maintain a daily log(s) that records the following information:
1. Inmate count and location, to be verified with a minimum of one formal count per shift, observing flesh and movement;;
2. Intake and release of inmates;
3. Entries and exits of physicians, attorneys, ministers, and
other nonfacility non-facility personnel; and
4. Any unusual incidents such as those that result in
physical harm to, or threaten the safety of, any person, or the
security of the facility.
6VAC15-40-110. Serious incident report reports.
A report setting forth in detail the pertinent facts of
deaths, discharging of firearms, erroneous releases, escapes, hostage
situations, and discharging firearms recapture of escapees shall
be reported to the local facilities unit Local Facilities Supervisor
of the Compliance and Accreditation Unit, Department of Corrections (DOC),
or designee. The initial report should shall be made within 24
hours with and a full report submitted at the end of the
investigation.
6VAC15-40-120. Classification.
A. Written policy, procedure and practice shall ensure the following:
1. Classification of inmates as to level of housing assignment and participation in correctional programs;
2. Separate living quarters for males, females, and juveniles;
3. Inmates are not segregated by race, color, creed or national origin;
4. Security permitting, equal access to all programs and activities, through separate scheduling, or other utilization of combined programs under supervision; and
5. Any exception to the above to be is documented
in writing.
B. If the facility is using objective classification, then the provisions of this subsection shall be followed:
1. Classification is conducted upon intake and prior to final
housing assignment.;
2. Classification determines the custody level and housing
assignment.;
3. Classification is conducted through prisonerinmate
interviews and the use of data collection instruments or forms, which are
maintained on file.;
4. Classification instruments enable objective evaluation and/or scoring of:
a. Current offenses.
b. Prior convictions.
c. History of assaultive behavior.
d. Escape history.
e. Prior institutional adjustment.
f. Court status and pending charges.
g. Mental health or medical treatment history or needs.
h. Identified stability factors.
5. The classification system includes administrative review of
decisions and periodic reclassificationsreclassification and
override procedures that are documented and maintained on file.
6. The classification system addresses both the potential security risks posed and treatment needs of the inmate.
7. Male, female and juvenile inmates are housed separately.
Separate living quarters for males, females and juveniles.
8. Inmates are not segregated by race, color, creed or national origin.
6VAC15-40-130. Written grievance procedure.
A written grievance procedure shall be developed and made
available to all inmates with the following elements:
1. Grievance shall be responded to within nine work days of
receipt; Inmates shall be given a grievance form after exhausting all
prerequisites of the grievance procedure;
2. Written responses, including the reason for the
decision, shall be made to all grievances; Grievance shall be responded
to within nine work days of receipt
3. A review shall be made by someone not directly involved
in the grievance; Written responses, including the reason for the
decision, shall be made to all grievances
4. All inmates shall have access to the procedures
with guaranty against reprisal; A review shall be made by a staff
member not directly involved in the grievance; and
5. All inmates shall be afforded the opportunity to appeal
the decision. All inmates shall have access to the grievance procedure
with guaranty against reprisal; and
6. All inmates shall be afforded the opportunity to appeal the decision.
6VAC15-40-150. Inmate exercise.
Written policy, procedure and practice shall provide that all
inmates have access to regular physical exercise. Facilities with
specified exercise areas shall provide inmate exercise a minimum of 1 hour per
week. Facilities without specified exercise areas shall provide equipment
or an area within the dayroom for inmates to exercise large muscle groups on a
daily basis. Shortage of staff shall not hinder inmate access to physical
exercise. Any exception shall be documented in writing.
6VAC15-40-160. Written procedures for release program eligibility criteria.
Written procedures outlining the eligibility criteria for
participation in a work release, educational release, electronic monitoring, or
rehabilitation release program shall be developed by each facility with a work
release, educational release, electronic monitoring, or rehabilitation release
program. OffendersInmates shall meet the established
eligibility requirements prior to being released to participate in the program.
6VAC15-40-170. Written procedures for accountability of inmate participants.
Written procedures shall ensure the accountability of inmate participants and provide for supervision in the community. Such procedures shall include, at a minimum:
1. Provisions for a daily inmate count;
2. Methods for determining and identifying inmates who are authorized to leave the facility;
3. Provisions for a controlled sign-out and sign-in process; and
4. Methods of verifying the inmate's location within the community,
both by telephone and random field visits. A minimum of 1 staff-initiated
telephone contact per week, and a minimum of 1 random field visit per month
shall be conducted and documented to verify the inmate's location within the
community.
6VAC15-40-180. Conditions for offenderinmate
participation in a work release program.
OffenderInmate participation in a work release
program shall conform to the following specific conditions unless ordered
otherwise by an appropriate court.
1. Participation by the inmate shall be on a voluntary basis.
2. The following conditions shall be met where the employer has a federal contract.
a. Representatives of local union central bodies or similar labor union organizations shall have been consulted;
b. Employment shall not result in the displacement of employed workers, or be applied in skills, crafts or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and
c. Rates of pay and other conditions of employment shall not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed.
6VAC15-40-190. Conditions for offenderinmate
participation in educational release or rehabilitativerehabilitation release
programprograms.
OffenderInmate participation in an educational
release or rehabilitativerehabilitation release programprograms
shall conform to the following specific conditions unless ordered otherwise by
an appropriate court.
1. Participation by the inmate may be voluntary or court ordered;
2. Meetings or classes shall be on a regularly scheduled basis; and
3. Other conditions shall not be more restrictive on the offenderinmate
than those required by other participants.
6VAC15-40-200. Furlough.
Inmate Participants participants in the
a work release, educational release or rehabilitative rehabilitation
release programs program may be considered for furlough, as
prescribed by the facility policy, not to exceed three days in length at any
one time. Written procedures shall govern the granting of furloughs in
accordance with the provisions of §§ 53.1-37 and § 53.1-132 of the Code of
Virginia.
6VAC15-40-210. Earnings.
Written procedures shall be developed to ensure the accountability of all earnings received, disbursed, to whom and reason on behalf of the inmate participant. Procedures shall be in accordance with § 53.1-131 of the Code of Virginia.
6VAC15-40-220. Removing inmate participants from program.
Written procedures shall establish the criteria and process
for removing a inmate participantparticipants from
the program.
1. Procedures shall include provisions for an impartial hearing
for the inmate participantparticipantss.
2. Procedures shall include provisions for the appeal of
appealing the removal.
3. Documentation shall reflect that this information was
explained to all inmate participants when they were assigned upon
assignment to the program.
6VAC15-40-230. Written agreement with director.
Each facility having a work release, educational release or rehabilitation release program that includes state offenders as defined in § 53.1-20 of the Code of Virginia shall have a written agreement with the director, or designee.
6VAC15-40-240. Offender participation in compliance with appropriate criteria and approval.
State offenders assigned to a work release, educational
release or rehabilitation release program shall meet the Department of
Corrections work release appropriate criteria set forth by the
Department of Corrections (DOC), and be approved by the department's
DOC Central Classification Board Services and the department's
management review process pursuant to a written agreement as provided for in
accordance with § 53.1-131 of the Code of Virginia.
6VAC15-40-250. Participation in religious services or counseling.
Written policy, procedure and practice shall allow inmates to participate voluntarily in available religious services or counseling of their choice during scheduled hours within the facility. The constitutional right to pursue any lawful and legitimate religious practice shall be guaranteed to all inmates consistent with maintaining the order and security of the facility.
6VAC15-40-280. Availability and administration of educational services.
Written policy, procedure and practice shall govern the
availability and administration of educational services for inmates, including
a written agreement with the local school authority for the provision of
special education. The facility administrator shall coordinate and cooperate
with local authorities for the provision of local community services and
resources utilized for this purpose, where they are available.
6VAC15-40-290. Provisions of reading materials.
The facility shall provide reading materials that include
current periodicals. (not more than one year old).
6VAC15-40-300. Permission of reading materials.
Reading materials, including newspapers, magazines and books,
shall be permitted in the jail facility unless the material poses
a threat to security or is not in compliance with other jail facility
restrictions or guidelines.
6VAC15-40-320. Licensed physician.
A licensed physician shall supervise the facility's medical and health care services. Facilities that contract with private medical facilities or vendors shall maintain a current copy of the agreement, unless employed by the facility.
6VAC15-40-330. Restrictions on physician.
No restrictions shall be imposed on the physician by the
facility in the practice of medicine;. however However,
administrative and security regulations applicable to facility personnel shall
apply to medical personnel as well.
6VAC15-40-340. Licensing, and certification and
qualification of health care personnel.
Each facility shall have a minimum of one licensed or
qualified health care provider who is accessible to inmates a minimum of one
time per week. Health care personnel shall meet appropriate and current
licensing, or certification or qualification requirements.
6VAC15-40-360. Twenty-four-hour emergency medical and mental health care.
Written policy, procedure and practice shall provide 24-hour emergency medical and mental health care availability.
6VAC15-40-370. Receiving and medical screening of inmates.
Written policy, procedure and practice shall provide that receiving and medical screening be performed on all inmates upon admission to the facility. The medical screening shall:
1. Specify screening for current illnesses, health problems and conditions, and past history of communicable diseases;
2. Specify screening for current symptoms regarding the inmate's mental health, dental problems, allergies, present medications, special dietary requirements, and symptoms of venereal disease;
3. Include inquiry into past and present drug and alcohol
abuse, mental health status, depression, suicidal tendencies, and skin
condition; and
4. For female inmates, include inquiry into possible pregnancy
or gynecological problems.; and
5. All inmates shall receive a Tuberculosis (TB) skin test within 7 days of admission to the facility.
6VAC15-40-380. Inmate access to medical services.
Written policy, procedure and practice shall be developed
whereby inmates can shall be informed, at the time of admission
to the facility, of the procedures for gaining access to medical services.
6VAC15-40-390. Training and competency of staff.
All certified security staff shall be trained and
competent in rendering basic first aid First Aid and CPR by a
recognized certifying agency. All training shall be documented.
6VAC15-40-393. Universal precautions.
All regularly assigned facility staff who have
contact with inmates shall be trained, competent and knowledgeable in the
use of universal precautions. All training shall be documented and completed
every 12 months.
6VAC15-40-395. Management of sharps.
Written policy, procedure, and practice shall govern the
control, storage, and use of sharps including at a minimum needles, scalpels, lancers
lancets, and dental tools.
6VAC15-40-400. Management of pharmaceuticals.
Written standard operating procedures for the
management of pharmaceuticals shall be established and approved by the facility's
physician or pharmacistmedical authority and/or pharmacist. Written
policy, procedure and practice shall provide for the proper management of
pharmaceuticals, including receipt, storage, dispensing and distribution of
drugs. Such these procedures shall be reviewed every 12 months by
the medical authority and/or pharmacist. Such reviews shall be
documented.
6VAC15-40-405. Automated External Defibrillator (AED) .
6VAC15-40-410. Inmate medical record records.
The medical record for each inmate shall be kept separate from other facility records and shall include the following:
1. The completed screening form; and
2. All findings, diagnoses, treatment, dispositions, prescriptions, and administration of medication.
6VAC15-40-420. Transfer of summaries of medical record.
Summaries of the medical record file shall be forwarded to
the facility to which the inmate is transferred. Medical record summaries
shall be transferred to the same facility in which the inmate is being
transferred to. The completion of DOC Form 726-B shall be required upon
each transfer. Additional pertinent medical information such as lab work,
x-rays, etc., shall accompany Form 726-B.
6VAC15-40-440. Medical care provided by personnel other than physician.
Medical care performed provided by personnel
other than a physician shall be pursuant to a written protocol or order. Protocols
or orders shall be reviewed and signed by the supervising physician every 12
months.
6VAC15-40-450. Suicide prevention and intervention plan.
There shall be a written suicide prevention and intervention
plan. These procedures shall be reviewed and documented by an appropriate
medical or mental health authority prior to implementation and every 3 years
thereafter. These procedures shall be reviewed every 12 months by all
staff having contact with inmates. These Such reviews
shall be documented.
6VAC15-40-460. Applicability of medical treatment program
standards. (Repealed.)
The standards in this part apply only to those facilities
that have established a medical treatment program in which prisoners pay a
portion of the costs per § 53.1-133.01 of the Code of Virginia.
6VAC15-40-480. Set fees required.
Inmate payment for medical services shall be in accordance
with set fees based upon only a portion of the costs of these services up
to, but not exceed those fees established by the Board of Corrections in the
Model Plan for Jail Prisoner Medical Treatment Programs per §53.1-133.1 Code of Virginia.
6VAC15-40-510. Ability to pay.
Written policy, procedure and practice shall provide ensure
that no inmate will be denied access to medically necessary services based
upon ability to pay.
6VAC15-40-520. Acknowledgment in writing.
Medical serviceservices fee debits to inmate
accounts shall be acknowledged by the inmate in writing. The acknowledgement
shall be signed by a witness if the inmate refuses to sign.
6VAC15-40-545. Standards for inmate food service workers.
Written policy, procedure and practice shall ensure a visual medical examination of each inmate assigned to food service occurs no more than 30 days prior to assignment and quarterly thereafter. Each inmate shall be given a TB skin test prior to food service assignment. Such tests shall be documented. If an inmate tests positive for TB, that inmate shall not be granted assignment to food service.
6VAC15-40-550. Food service program.
Written policy, procedure and practice shall ensure a food service program that meets the following:
1. The menu meets the dietary allowances as stated in the Recommended Dietary Allowances (RDA), National Academy of Sciences;
2. There is at least a one-week advance menu preparation; and
3. Modifications in menus are based on inmates' medical or
reasonable religious requirements. Medical or dental diets shall be prescribed
by the facility's medical authority. ;
4. RDA evaluation of facility menus shall be completed by an independent registered dietician or certified nutritionist every three years; and
5. Additional evaluations shall be completed when a substantive change in the menu and/or food service provider occurs.
6VAC15-40-560. Meals prepared, delivered and served under direct supervision of staff.
Written policy, procedure and practice shall ensure meals are prepared, delivered and served under the direct supervision of staff.
6VAC15-40-600. Correspondence privileges.
Written policy, procedure and practice shall ensure that all
inmates, regardless of their jail status, shall be afforded the same
correspondence privileges;. correspondence Correspondence
privileges shall not be withdrawn as punishment.
6VAC15-40-610. Volume and content of inmate mail.
Written policy, procedure and practice shall ensure that there
is no limit on the volume of letter mail an inmate may send or receive,
or on the length, language, content or source of such letter mail,
except where there is clear and convincing evidence to justify such
limitations.
6VAC15-40-620. Postage allowance.
Written policy, procedure and practice shall make available,
when requested by an indigent inmate (as defined by local jail policy), a
postage allowance of at least five first-class rate (one ounce) letters per
week, including legal mail, to indigent inmates. An indigent
inmate shall be defined as having less than the equivalent of the cost of five
first class stamps in his or her account for 15 days.
6VAC15-40-630. Outgoing and incoming lettersmail.
Written policy, procedure and practice shall ensure that
outgoing lettersmail shall be is collected and sent
daily except Saturdays, Sundays, and holidaysduring normal United States Postal Service (USPS) days of operation.. Incoming lettersmail to
inmates shall be delivered no later than 24 hours after arrival at the facility
(contingent upon normal USPS days of operation), or shall be forwarded
or returned to sender.
6VAC15-40-640. Incoming generalGeneral and legal correspondence.
In accordance with United States Postal Regulations, all
incoming general correspondence will be opened, searched and may be read by
authorized staff where there is a reasonable suspicion that a particular item
of correspondence threatens the safety and security of the facility, the safety
of any person, or is being used for furtherance of illegal activities. All
incoming legal correspondence shall be opened and searched in the presence of
the inmate. All general correspondence may be
opened, examined and censored by authorized personnel, as per the USPS
Administrative Support Manual, Section 274.96. All legal correspondence shall
be opened and searched in the presence of the inmate.
6VAC15-40-650. Notice of seizures seizure of mail
contraband.
Written policy, procedure and practice shall assureensure
thata notice of the seizuresseizure of mailed
mail contraband beis given to the inmate and the sender
together with the written reason for the seizure in writing. The
sender shall be allowed the opportunity to appeal the seizure to the facility
administrator or a designee empowered to reverse seizure. Unless it is
needed for a criminal investigation or prosecution, property that can legally
be possessed outside the facility shall be stored, returned to sender, if
known, or destroyed.
6VAC15-40-660. Access and expense of to telephone
facilities.
Written policy, procedure and practice shall ensure inmates have reasonable access to telephone facilities, except where safety and security considerations are documented.
6VAC15-40-670. Delivery of emergency messages to inmates.
Written policy, procedure and practice shall ensure that
emergency messages to inmates are delivered promptly and recordeddocumented.
6VAC15-40-690. Approved items that visitors may bring
into facility.
The facility shall have a posted list of approved items that visitors may bring into the facility. Items brought into the facility by visitors for inmates shall be subject to inspections and approval.
Part V
Jail Operations
6VAC15-40-710. Admitting individuals into jail.
Written policy, procedure and practice for admitting individuals into the jail shall address the following:
1. Verification of commitment;
2. Complete search of the individual and his or her possessions;
3. Disposition of clothing and personal possessions;
4. Interview for obtaining identifying data;
5. Photograph; and
6. Telephone calls.
6VAC15-40-720. Inmates confined to jail.
Written policy, procedure and practice for those inmates to be confined in the jail shall address the following:
1. Shower/search;
2. Issue Issuance of clean clothing/hygiene
items/linen;
3. Classification and housing assignment; and
4. Orientation.; and
5. Mattresses shall be provided.
6VAC15-40-730. Telephone calls during the booking process.
Written policy, procedure and practice shall specify that newly admitted inmates who are physically capable are permitted to complete at least two local or long-distance telephone calls during the booking process. Reasonable accommodations shall be made for non-English speaking inmates, as well as hearing and visually impaired inmates.
6VAC15-40-740. Requirements for linens and towels.
Written policy, procedure and practice shall provide that a
record is kept to show that clean linen linens and towels be
are supplied once a week, a clean change of clothing beis
provided twice aper week and inmates shall be held accountable
for their use.
6VAC15-40-760. Bathing.
There shall be sufficient hot and cold water for bathing. Each
inmate shall be requiredallowed to bathe twice a week.
6VAC15-40-770. Provision of hygiene articlesitems.
The facility shall provide soap, a toothbrush, and toothpaste or toothpowder to each inmate upon admission to the general population. Sanitary napkins shall be provided upon reasonable request to each female inmate assigned to the general population. Notwithstanding security considerations, shaving equipment, including a mirror, and haircuts shall be made available, and the hygiene needs of all inmates shall be met.
6VAC15-40-780. Items inmates may retain.
Written policy and procedures shall state what items the inmate may retain in his or her possession.
6VAC15-40-790. Inventory of cash and personal property.
A written itemized inventory of cash and personal property of each inmate shall be made at the time of initial booking. A copy signed by both staff and inmate shall be furnished to the inmate. Computerized officer identification shall not substitute for a signature.
6VAC15-40-800. Accounting of inmate expenditures and receipts of money.
Inmates' personal funds held by the facility are controlled by accepted accounting procedures. The facility shall provide the inmate with a copy of his or her itemized account upon reasonable request.
6VAC15-40-810. Return of inmate property and funds.
Inmate's Inmate property and funds shall be
returned to him upon his release or transfer and receipted for by the
inmate in writing, when practical.
6VAC15-40-820. Conduct.
Written policy, procedure and practice shall govern inmate
discipline, to and shall include:
1. Rules of conduct, including sanctions for rule violations;
2. Procedures and provisions for pre-hearing disciplinary detention; and
3. Procedures for processing violators that may include plea agreements that may waive the inmates' right to appeal.
6VAC15-40-830. Inmate handbook.
Upon initial housing assignment and to a
housing status following intake and reception processing, each inmate shall
be informed of, receive, and sign for:
1. A copy of the inmate rules of conduct, including sanctions; and
2. The policy and procedures governing inmate discipline.
6VAC15-40-831. Fee for inmate keep.
If the facility has elected to establish a program to charge a fee for inmate keep, such fee shall be up to, but not to exceed, the fee established by the Board of Corrections in the Model Plan for Payment of Costs Associated With Inmate Keep per §53.1-131.3 Code of Virginia. Written policy, procedure and practice shall include, at a minimum, the following:
1. The facility shall notify the inmate of such fee in writing upon admission/orientation;
2. Payment and refund procedures;
3. Accounting procedures;
4. Which, if any, inmates are exempt;
5. If the release date and the date of arrival are within 24 hours, the inmate shall be charged only the equivalent of one day's fee; and
6. Whenever an inmate has been charged the fee, the deduction shall be reflected on the inmate's account.
6VAC15-40-833. Discipline.
The minimum procedural requirements whenever an inmate may
be deprived of good time, or placed on disciplinary segregation.Whenever
an inmate may be deprived of good time or placed in disciplinary segregation,
the minimum procedural requirements shall include:
1. The accused inmate shall be given written notice of the charge and the factual basis for it at least 24 hours prior to hearing of the charge;
2. The charge shall be heard in the inmate's presence by an impartial officer or committee unless that right is waived in writing by the inmate or through the inmate's behavior. The accused inmate may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion shall be documented;
3. The accused inmate shall be given an opportunity to have the assistance of a staff member or fellow inmate in defending the charge;
4. The inmate shall be given a written statement by the fact finders as to the evidence relied upon and the reasons for the disciplinary action; and
5. The inmate shall be permitted to appeal any finding of guilt to the facility administrator or designee.
6VAC15-40-835. Sanctions.
The minimum procedural requirements whenever an inmate is
punished, such as reprimand or loss of privileges, Whenever an inmate is
punished, such as reprimands or loss of previleges, the minimum procedural
requirements shall include:
1. The accused inmate shall have an opportunity to explain or deny the charge; and
2. The inmate shall have the opportunity to appeal any finding of guilt to the facility administrator or designee.
6VAC15-40-840. Post to control security of jail.
The facility shall maintain a designated post, staffed 24
hours a day, that controls activities and flow of people in and out of the secure
area of the jail. Main facility control posts may be staffed by civilian
personnel who have been provided on-the-job training in facility security
procedures, and emergency plans, and communications. which
Such training shall be documented in writing with the same frequency as
required by standards for all facility employees. Civilian personnel assigned
to control posts shall not be assigned to other posts requiring direct prisoner
inmate contact and supervision.
6VAC15-40-870. Security and storage of security devices.
Written policy, procedure and practice shall govern the security, storage, and use of firearms, ammunition, chemical agents, and related security devices that are stored in and assigned to the facility to ensure that:
1. The facility shall provide secure storage for firearms,
ammunition, chemical agents, and related security equipment devices
accessible to authorized personnel only and located outside the security
perimeter or the inmate housing and activity areas.;
2. Personnel who carry firearms and ammunition are assigned
positions that are inaccessible to inmates (with the exception of emergencies).;
and
3. Personnel who discharge firearms or use chemical agents
other than for training purposes, submit written reports to the facility administrator
or designated subordinate designee no later than the conclusion
of the shift during which same are discharged or used.
6VAC15-40-880. Officer entry.
Written policy and procedures shall specify the conditions under which an officer can enter a security cell or cell block during an emergency situation.
6VAC15-40-910. Searches of facility and inmates.
Written policy, procedure and practice provide for searches of facilities and inmates to control contraband and provide for the disposition of contraband. A schedule of searches shall be developed to ensure all housing areas of the facility have been searched on a random, but at least quarterly, basis. These procedures are not made available to inmates.
6VAC15-40-920. Policy for searches of contraband Contraband.
The facility shall post the have a policy
regarding searches for the control of contraband. or otherwise
The policy shall be make it available to staff and inmates
via the inmate handbook or orientation..
6VAC15-40-930. Key and door control.
Written policy, procedure and practice shall govern key and door control. Perimeter security door keys shall not be issued to staff unless authorized as per the approved emergency plans.
6VAC15-40-940. Tools and culinary Culinary items.
Written policy, procedure and practice shall govern the
control and use of tools and culinary items.
6VAC15-40-945. Tools.
Written policy, procedure and practice shall govern the control and use of tools.
6VAC15-40-950. Flammable, toxic and caustic materials.
Written policy, procedure and practice shall specify the control and storage of cleaning equipment and use of all flammables, toxic and caustic materials. Inmate access shall be limited and closely supervised.
6VAC15-40-960. Functions of duty post.
Written post orders or position descriptions shall clearly
describe the functions of each duty post in the facility and include copies in
the policy and procedures manual. Each duty post or position shall
maintain a clear description of the functions of that duty post or position. A
copy of the post orders shall be readily available.
6VAC15-40-970. Restriction of physical force.
Written policy, procedure and practice shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, orderly operation of the facility and prevention of escapes. In no event is physical force justifiable as punishment. A written report shall be prepared following all such incidents described above and shall be submitted to the facility administrator, or designee, for review and justification.
6VAC15-40-1000. Physical living conditions for disciplinary detention and administrative segregation.
Written policy, procedure and practice shall ensure that,
inmate behavior permitting, the disciplinary detention and administrative
segregation units provide physical living conditions that approximate those
offered in the general inmate population.
6VAC15-40-1010. Mental health inmates.
Written policy, procedure and practice shall specify the
handling of mental health inmates, to include an including a
current agreement to utilize mental health services from either a private
contractor or the community services board.
6VAC15-40-1020. Record of activities in disciplinary detention
and administrative segregation units.
Written policy, procedure and practice shall ensure that a record is kept of scheduled activities in disciplinary detention and administrative segregation units. Documented activities shall include the following: admissions, visits, showers, exercise periods, meals, unusual behavior, mail and release.
6VAC15-40-1030. Assessment of inmate inmates in administrative
segregation or disciplinary detention.
Written policy, procedure and practice shall require that a documented
assessment by medical personnel that shall include a personal interview and
medical evaluation of vital signs, is conducted when an inmate remains in
administrative segregation or disciplinary detention or administrative
segregation beyond for15 days and every 15 days thereafter.
If an inmate refuses to be evaluated, such refusal shall be
documented.
6VAC15-40-1040. Supervision of inmates Staff training.
The facility shall provide for 24-hour supervision of all
inmates by trained personnel. All inmate housing areas shall be inspected a
minimum of twice per hour at random intervals between inspections. All
inspections and unusual incidents shall be documented. No obstructions shall be
placed in the bars or windows that would prevent the ability of jail staff to
view inmates or the entire housing area.
6VAC15-40-1045. Supervision of inmates.
All inmate housing areas shall be inspected a m inimum of twice per hour at random intervals between inspections. All inspections and unusual incidents shall be documented. No obstructions shall be placed in the bars or windows that would prevent the ability of staff to view inmates or the entire housing area.
6VAC15-40-1050. Institution Supervisory inspection.
Supervisory staff shall conduct a general, daily inspect
inspection of the institution dailyfacility. Such
inspections shall be documented. Unusual findings shall be indicated in
writingdocumented and submitted to the senior supervisor, or
designee on duty for review.
6VAC15-40-1080. Emergency situationsplans and fire drills.
There shall be fire prevention practices and written emergency
plans that outline duties of staff, procedures and evacuation routes. Emergency
plans shall include responses in the event of fire, chemical hazardous
material release, loss of utilities, natural disaster, taking of
hostages hostage situations, riots, disturbances, escape escapes,
bomb threats and mass arrest. Emergency plans shall be reviewed every 12 months
by all staff. These reviews shall be documented. Each facility shall conduct
and document quarterly fire drills.
6VAC15-40-1090. Release of inmateinmates.
Written policy, procedure and practice shall require that,
prior to an inmate's release the release of an inmate, positive identification
is made of the releasee, authority for release is verified and a check for
holds in other jurisdictions is completed.
Part VI
Jail Physical Plant
6VAC15-40-1100. Fire safety inspection.
The facility shall have a state or local fire safety inspectionsinspection
conducted every 12 months. Localities that do not enforce the Virginia
Statewide Fire Prevention Code (VSFPC) shall have the inspections performed by
the Office of the State Fire Marshal State Fire Marshal's Office.
Written reports of the fire safety inspection shall be on file with the
facility administrator.
6VAC15-40-1111. Self-contained breathing apparatus.
If the facility is equipped with one or more self-contained breathing apparatus, security staff shall be trained, and quarterly drills shall be conducted and documented in the use of this equipment.
6VAC15-40-1150. Vermin and pest control.
The facility shall control vermin and pests and shall be
serviced at least quarterly by professional pest control personnel or
personnel certified by the Virginia Pesticide Control Board a licensed
pest control business or personnel certified by the Virginia Department of Agriculture and Consumer Services.
6VAC15-40-1160. Appropriate lighting and heating.
A1. All housing and activity areas shall provide
for appropriate lighting and heating.
B2. Appropriate lighting shall be at least 20
footcandles at desk level and in personal grooming area.
C3. Heat shall be evenly distributed in all
rooms so that a temperature no less than 65°F is maintained. Air conditioning
or mechanical ventilation systems, such as electric fans, shall be provided
when the temperature exceeds 85°F.
6VAC15-40-1180. Special purpose area.
The facility shall have a special purpose area to provide for
the temporary detention and care of persons under the influence of alcohol or narcotics,
or for persons who are uncontrollably violent, or self-destructive
and or those requiring medical supervision.
6VAC15-40-1193. Separation of juveniles.
Juveniles shall be so housed as to be separated by a wall or
other barrier that would result in preventing visual contact and normal verbal
communication with adult prisoners inmates.
6VAC15-40-1195. Contact with juveniles.
The facility shall have one or more persons employees
on duty at all times responsible for auditory and visual contact with each
juvenile at least every 30 minutes. Contact shall be at least every 15 minutes
when juveniles exhibit self-destructive or violent behavior.
Part VIII
Lockups
6VAC15-40-1210. Responsibility.
The chief of police, town sergeant, or, in case of a
county's operating a lockup, the sheriff shall be responsible for seeing
that ensuring the lockup is operated in full conformity with this
chapter.
6VAC15-40-1220. Coverage.
When the lockup is occupied, at least one employee
shall be on duty present at the lockup at all times.
6VAC15-40-1240. Inspection requirements.
Weekly inspections shall be made and recorded conducted
and documented of bars, locks and all security devices. Weekly
inspections shall be documented.
6VAC15-40-1250. Commitment and release.
A written record shall be maintained to include name, date,
and time of commitment and release of all detainees confined in the lockup of
all detainees confined in the lock-up. The written record shall include
name, date and times of commitment and release.
6VAC15-40-1260. Property and funds.
Written policy, procedure and practice shall govern the
inventory and control of detainee property and funds. The detainee shall
sign for all property taken upon admission and returned to him upon his
or her release. If the detainee refuses to sign this shall be witnessed and
documented.
6VAC15-40-1270. Telephone calls during the admissions process.
Written policy, procedure and practice shall specify that
newly admitted inmates detainees who are physically capable are
permitted the opportunity to complete at least two local or long
distance telephone calls during the admissions process. Reasonable
accommodations shall be made for non-English speaking detainees as well as
hearing and visually impaired detainees.
6VAC15-40-1280. Juvenile detention.
A lockup shall detain juveniles in strict compliance with §
16.1-249 of the Code of Virginia., and shall include continuous,
direct supervision.
6VAC15-40-1300. Protection of inmates detainees.
There shall be written Written policy shall
ensure for the protection of inmates detainees appearing
to be vulnerable to physical or sexual attack.
6VAC15-40-1310. Emergency medical and mental health care.
Written policy and procedures shall provide for 24-hour
emergency medical and mental health care availability.
6VAC15-40-1330. Visiting.
Written policy and procedures shall ensure that:
1. There are visiting opportunities limited only by facility schedules, security, space and personnel constraints;
2. Visitors register upon entry into the facility;
3. Circumstances and methods under which visitors may be
searched are delineated outlined;
4. Attorneys are permitted to have confidential visits with their clients; and
5. Any exception to the above is documented in writing.
6VAC15-40-1340. Inmate Detainee control.
Written policies policy and procedures shall
ensure that punishment shall is not be utilized as a means
of control or discipline in lockups. Tear gas, chemical mace, or similar
devices Chemical agents shall not be used as punishment and may only
be used to control detainees where when there is an imminent
threat of physical injury or property damage.
6VAC15-40-1350. Incident report.
A report setting forth in detail the pertinent facts of deaths, escapes, and discharging firearms shall be reported to the local facilities unit, Department of Corrections. The initial report should be made by the end of the next work day with a full report submitted at the end of the investigation.
6VAC15-40-1360. Inmate Detainee cleanliness.
A detainee shall have access to a wash basin and toilet facility.
DOCUMENTS INCORPORATED BY REFERENCE (6VAC15-40)
Model Plan for Jail Prisoner Medical Treatment Programs
Model Plan for Payment of Costs Associated with Prisoner Keep