Final Text
CHAPTER 31
STANDARDS FOR STATE CORRECTIONAL FACILITIES (REPEALED)
Part I
General Provisions
6VAC15-31-10. Definitions. (Repealed.)
The following words and terms when used in this chapter shall
have the following meanings, unless the context clearly indicates otherwise:
"Automatic smoke detection system" means a
hard-wired smoke alarm.
"Control center" means a manned secure post which
has responsibility for observing and controlling entrance and exit traffic and
may include monitoring alarm and detection systems, operating communications
systems, and controlling inmate movement and counts.
"Department" means the Department of Corrections.
"Department head" means the individual, or his designee,
who is responsible for an overall functional area of the institution.
"Director" means the Director of the Virginia
Department of Corrections.
"Duty officer" means the designated ranking
administrative employee at an institution who must provide direction and
supervision to staff in the event of an unusual situation, serious incident or
other emergency.
"Furnishings in inmate living areas" means any
item authorized by the department to be placed in inmate living areas.
"General detention" means special purpose bed
assignments utilized under proper administrative process for the immediate
secure confinement of inmates pending review for an appropriate assignment.
"Hazardous material" means a substance, other
than a common household product, that will cause death, severe illness, or
injury if used in an unsafe manner.
"Indigent inmate" means any inmate who has no
more than $5.00 in the inmate account to spend at the inmate's discretion
during a calendar month, has no job, and has no other source of income; or any
inmate who is newly received into an institution and has no available funds and
no hygiene items.
"Inmate living area" means cells, rooms,
dormitories, and day rooms.
"Institution" means major institutions, field
units, and work release centers, but does not necessarily include work centers.
"Institutional chaplains" means chaplains as
designated by Chaplain Service of the Churches of Virginia, Inc., or other
chaplains designated by the warden/superintendent.
"Intra-system" means any state correctional
facility within the Virginia Department of Corrections.
"Isolation" means special purpose bed assignments
utilized under proper administrative process for the disciplinary management of
inmates.
"Organized system of information storage" means a
method for the storage and retrieval of information.
"Policy and procedure manuals" means any of the
following documents: Department of Corrections Policy and Procedure Manual,
division directives or procedures, or the Institution Operating Procedures
Manual.
"Prehearing detention" means special purpose bed
assignments utilized under proper administrative process for the immediate
confinement of inmates who have been charged with an offense, are awaiting a
disciplinary hearing, and are considered to be a potential threat to persons or
property or for escape.
"Qualified mental health professional" means a
psychiatrist, psychologist, social worker, or nurse who is qualified by virtue
of appropriate training and experience to render mental health services within
their discipline.
"Segregation" means special purpose bed
assignments operated under maximum security regulations and procedures and
utilized under proper administrative process for the protective custody or
custodial management of inmates.
"State correctional facility" means a
state-operated prison, field unit, work center, and reception center.
"Warden/superintendent" means the individual
responsible for the overall management and operation of an institution, or the
individual's designee.
6VAC15-31-20. 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 inmates.
6VAC15-31-30. Responsibility; enforcement. (Repealed.)
A. The warden/superintendent 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' regulation, 6VAC15-20-10 et seq., Regulations Governing
Certification and Inspection.
6VAC15-31-40. [Reserved] (Repealed.)
Part II
General Administration and Management
6VAC15-31-50. General administration. (Repealed.)
A. The mission of the institution within the context of the
Department of Corrections' mission shall be stated in writing and shall be
supported by written annual goals and objectives.
B. The institution shall be headed by a
warden/superintendent who is responsible for and has the authority to manage
and direct all activities of the institution established by law, department, or
division directives or procedures.
C. The institution shall develop, if necessary, and
maintain written agreements between the institution or the department with
other public agencies or private operators and providers which define their
roles, responsibilities, and relationships to the institution.
D. The institution shall maintain an organizational chart
showing the formal organizational structure of the institution.
6VAC15-31-60. Communication. (Repealed.)
A. Written procedure and practice shall provide that
regular meetings are held between the warden/superintendent and all department heads.
Such meetings shall be documented. There shall be a system of two-way
communication between all levels of staff and inmates.
B. Written procedure and practice shall require that the
warden/superintendent visit the institution's living and activity areas at
least weekly. If a designee conducts the visit, that designee shall be an
assistant warden or duty officer. Visits shall be documented.
C. Institutions shall maintain written procedure and
practice which coordinate a public information program with the public, the
media, and other agencies in accordance with departmental procedures.
D. Institutions shall develop written operational
procedures, maintain such procedures in a manual, and review these procedures
at least every 12 months, or within such timeframes which may be required by
other departmental directive. Such procedures, as well as division directives
or procedures, shall be made available to all employees. All reviews of
procedures shall be documented.
6VAC15-31-70. Fiscal management. (Repealed.)
A. Consistent with applicable policies and procedures, the
warden/superintendent shall be responsible for fiscal policy, management, and control.
Management of fiscal operations may be delegated to a designated staff person.
B. All institutional financial, budgetary, and accounting
practices and procedures shall be in accordance with the Code of Virginia, the
Commonwealth Accounting and Reporting System, and other state and departmental
policy and financial systems, to include petty cash, internal controls, and
signature control on checks or other moneys.
C. The institution shall comply with applicable state and
departmental policies and procedures governing inventory control, requisition,
and purchase of supplies, equipment, and insurance.
D. The institution shall comply with applicable state and
departmental policies and procedures governing the operation of inmate
accounts, commissary, and other inmate funds.
6VAC15-31-80. Personnel. (Repealed.)
A. The institution shall make accessible to all employees
the Department of Human Resource Management Policies and Procedures Manual and
the Department of Corrections Policy and Procedures Manual.
B. All institution personnel procedures shall be in
accordance with applicable state and departmental personnel policies and
procedures.
C. The warden/superintendent shall review, at least every
24 months or sooner if required, the staffing requirements for all categories
of personnel to ensure inmate access to staff, programs, and services. Such
reviews shall be documented.
D. A background investigation shall be conducted on
departmental employees in accordance with applicable departmental procedures.
Such investigations shall be documented.
6VAC15-31-90. Training and staff development. (Repealed.)
A. Major institutions shall maintain written procedure and practice
which ensure that the facility's training programs are overseen by a qualified
supervisory employee. All applicable training programs shall meet standards set
by the Department of Criminal Justice Services (DCJS), and the qualified
supervisory employee shall be a certified DCJS instructor.
B. If the facility has full-time training personnel, these
personnel shall have completed at least an appropriate train-the-trainer course
approved by DCJS.
C. Major institutions shall provide for ongoing evaluation
of all orientation, in-service, and specialized training programs and shall
provide for documentation for such assessments.
D. All new employees shall receive the department's
orientation no more than 180 days after initially reporting to work.
E. Corrections officers shall be employed on the condition
that they satisfactorily complete required corrections officer training within
the first 12 months of employment and any other departmental mandated training.
F. Staff employed in the corrections officer series, and
other employees with mandated in-service training, shall successfully complete
the in-service training required by DCJS. Other employees shall meet in-service
training requirements as determined by the Department of Corrections.
G. Written procedure and practice shall ensure that all
personnel authorized to use firearms, chemical agents, nondeadly weapons, and
deadly force receive appropriate training before being assigned to a post
involving the possible use of such weapons. Competency in firearms shall be
demonstrated in accordance with departmental timeframes.
H. All noncustodial employees designated by the director to
carry a firearm in an emergency situation shall satisfactorily complete
noncustodial firearm training before carrying the weapon.
I. Staff and inmates using hazardous materials or chemicals
shall be informed of the hazards and shall be instructed in their proper use
and in emergency procedures. The procedures utilized to train staff and inmates
shall be adequately documented and records shall be maintained for future
reference.
J. Written procedure and practice shall require that
medical and security personnel shall be trained in the handling of infectious
material.
K. Individuals in supervisory and management positions shall
successfully complete supervisory or management training at least every 24
months.
L. Treatment staff shall receive appropriate training for
the services they deliver, such as specialized programs of substance abuse or
sex offender treatment. Mental health services staff shall receive annually at
least 16 hours of continuing education or training that is appropriate to their
positions, as approved by their supervisor.
6VAC15-31-100. Records. (Repealed.)
A. The institution shall utilize an organized system of
information storage, retrieval, review, security, and documentation, which shall
be in accordance with departmental procedures.
B. Staff having access to management information shall be
trained in and responsive to the security and confidentiality requirements of
this system. Inmates shall not have access to management information systems
and confidential management information.
C. Written procedures and practice governing the
establishment, utilization, content, privacy, security, and accuracy of the
institutional criminal record folders and institutional medical folders shall be
in conformance with department and division directives or procedures.
D. When an inmate is permanently transferred from one
institution to another, the institutional criminal records folder and
institution medical folder shall be simultaneously transferred to the receiving
institution.
E. There shall be at least one master index identifying the
housing, bed, and work assignments of all inmates. The institution shall
maintain a daily written report of inmate population movement as required by
department and division directives or procedures.
Part III
Physical Plant
6VAC15-31-110. Physical plant. (Repealed.)
A. Inmate living areas shall have sanitation facilities to
include access to:
1. A toilet above floor level which is available for use
without staff assistance 24 hours a day;
2. A wash basin with potable water, and hot and cold water;
3. A bed above floor level;
4. Enclosable storage space or locker; and
5. Natural lighting.
Special housing requirements may be altered to ensure
safety and security.
B. Space separate from the cell or bed areas shall be
provided for inmate exercise and leisure time activities.
C. Space shall be provided for an inmate commissary or
canteen, or provisions shall be made for a commissary service.
D. Space shall be provided for a visiting room or area for
contact visiting and, if required, noncontact visiting. There shall be a
designated space to permit screening and searching of both inmates and visitors.
E. Disabled inmates shall be housed in a manner that
provides for their safety and security. Rooms, cells, or housing units used by
the disabled shall be designed for their use and shall provide for integration
with the general population. Appropriate programs and activities shall be
accessible to disabled inmates confined in the facility.
F. Space shall be provided at the institution to store and
issue clothing, bedding, cleaning supplies, inmates' property, and other items
required for daily operations.
G. Adequate space shall be provided for administrative,
security, professional, and clerical staff. This space shall include conference
rooms, storage room for records, and toilet facilities. Adequate space shall be
provided for janitorial closets accessible to the living and activity areas.
H. Separate and adequate space shall be provided for
mechanical and electrical equipment.
I. 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.
J. Lighting in inmate rooms or cells shall be at least 20
foot-candles at desk level in living areas and in personal grooming areas and
shall be documented. Circulation shall be at least seven cubic feet per minute
of outside air or recirculated air containing no less than 25% outside air per
minute per occupant. Inspection of air circulation/recirculation equipment
shall be documented.
K. Inmates shall have access to shower areas with hot and
cold water.
Part IV
Safety and Emergency Procedures
6VAC15-31-120. 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, heat loss,
natural disaster, taking of hostages, riots, disturbances, escape, bomb
threats, and adverse job actions. There shall be a posted floor plan in each
building and housing area showing fire evacuation routes. The fire plan shall
be reviewed annually by the Office of the State Fire Marshal.
B. Fire drills shall be performed in accordance with the
fire emergency plan and shall include evacuation of inmates (except where
security would be jeopardized). Fire drills shall be held, documented, and
evaluated for effectiveness at least every three months.
C. There shall be documentation that, through annual site
visits, the local fire department is familiar with the available equipment,
physical layout, and emergency procedures of the institution. Additional site
visits shall be required in cases of structural changes or additions to the
facility.
D. The institution shall have the equipment necessary to
maintain essential lights, power, and communications in an emergency. Testing
shall be performed weekly and shall be documented.
E. The institution shall have a fire inspection every 12
months by an outside, qualified organization approved by the Department of
Corrections. Action plans shall be written and submitted through designated
departmental channels, and a copy to the individual responsible for
institutional safety.
F. There shall be a weekly fire, safety, and sanitation
inspection of the facility by a qualified departmental staff member. In
conjunction with the individual responsible for institutional safety, action
plans to correct deficiencies shall be written. These action plans shall be
directed to the warden/superintendent.
G. The institution shall have a manual fire alarm or an
automatic smoke detection system or an automatic fire suppression system in all
industrial, sleeping, and living areas, and action plans shall be written and
submitted for all areas of deficiency. Other areas of the institution shall
also have fire detection and suppression equipment as required by the Office of
the State Fire Marshal.
H. Written procedure and practice shall specify the
institution's fire protection equipment type, use, and testing, including:
1. Availability of the equipment at appropriate locations
throughout the institution;
2. Training on the use of the equipment;
3. Inspecting extinguishers at least monthly;
4. Inspecting range hoods at least every six months and
cleaning as necessary. Inspections shall be performed by trained and qualified
personnel;
5. Inspecting detection and suppression systems at least
every three months; and
6. Quarterly testing of fire alarms for function.
I. Furnishings in inmate living areas shall be selected
based on known fire safety performance characteristics and in conformance with
departmental procedures.
J. Written procedure and practice shall provide for a
safety awareness program that is to be coordinated, designed, implemented, and
documented by the individual responsible for institutional safety.
Part V
Security and Use of Force
6VAC15-31-130. Security management. (Repealed.)
A. There shall be a manual containing all procedures for
institutional security and control with detailed instructions for implementing
these procedures.
B. There shall be a written post order for each security
post and a requirement for corrections 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, and such reviews shall be
documented.
C. Written procedure and practice shall require that a post
log is maintained for each permanent post and other areas deemed necessary by
the warden/superintendent. Written procedure and practice shall also require
that supervisors prepare shift reports that record routine information,
emergency situations, and unusual incidents.
D. Written procedure and practice shall provide a system of
accountability for all security equipment.
E. Written procedure and practice shall govern perimeter
control, such that appropriate means are utilized to ensure that inmates remain
within the perimeter and to prevent unauthorized access by the general public.
F. Written procedure and practice shall ensure that the
institution maintains a control center which is staffed 24 hours a day.
G. The facility shall have a communication system between a
control center and inmate living areas.
H. Written procedure and practice shall govern a system for
physically counting inmates. The system shall include strict accountability for
approved temporary absences of inmates.
I. Written procedure and practice shall provide that staff
regulate inmate movement.
J. Written procedure and practice shall provide for
searches of facilities, staff, inmates, visitors, mail, and other property to
control contraband and provide for disposition of the contraband pursuant to
state law. Written procedure and practice shall also govern disposition of
personal property, and security provisions involved in such disposition, in the
event of an inmate death or escape.
K. Written procedure and practice shall govern the
operation and use of official and personal vehicles to include provisions for
parking in areas designated by the warden/superintendent and for ensuring that
such vehicles are left locked with the windows rolled up when not in use and
that weapons and ammunition are removed from the vehicles.
L. Written procedure and practice shall govern the use of
force, firearms, nonlethal weapons, chemical agents, and security equipment.
1. Officers shall be authorized to use nondeadly force only
where it is reasonable to do so. Force shall be limited to the amount of force
that the officer reasonably believes is necessary in the given situation,
including force that is reasonably required to:
a. Prevent an escape or the commission of a felony or
misdemeanor;
b. Defend himself or others against physical assault;
c. Prevent serious damage to property;
d. Enforce facility regulations and order;
e. Prevent or quell a riot or rebellion; and
f. Prevent serious self-injury to the inmate.
2. Properly trained and authorized employees may exercise
their authority and use deadly force in accordance with § 53.1-29 of the Code
of Virginia to:
a. Prevent escapes;
b. Suppress rebellion; and
c. Defend or protect self or others in the course of
assigned duties.
M. Written procedure and practice shall require that the
chief security officer or designee conduct at least weekly inspections of all
security systems. The results of inspections shall be reported in writing to
the unit head. Documentation of corrective action shall be required.
N. Written procedure and practice shall govern the
distribution, use, and control of keys within the institution.
O. Written procedure and practice shall govern the
maintenance, storage, and use of all tools, culinary equipment, and hazardous
materials, including flammable, toxic, and caustic materials, as well as
weapons and security equipment.
P. Written procedure and practice shall provide for the
preservation, control, and disposition of all physical evidence obtained in
connection with a violation of law or established procedure. At a minimum, the
procedures shall address the following:
1. Chain of custody;
2. Evidence handling; and
3. Location and storage requirements.
Part VI
Special Housing and Disciplinary Process for Damaged Property
6VAC15-31-140. Special housing assignments. (Repealed.)
A. Written procedure and practice shall provide that an inmate
may be placed in isolation for a rule violation only after a disciplinary
hearing.
B. Inmates may be assigned to isolation for a maximum
period of 30 days. Continuous confinement in isolation for more than 30 days
shall require the review and approval of the deputy director and appropriate
health authority. Inmates held in isolation for periods exceeding 60 days shall
be provided the same privileges as inmates in segregation.
C. Written procedure and practice shall govern assignments
and review of assignments to special housing. Such procedure and practice shall
include a review of segregation status at least every 90 days by a
classification review process.
D. General and prehearing detention shall be administrative
assignments for the immediate secure confinement of inmates pending
investigation or disciplinary hearing or review by a classification review
process.
E. Except in emergencies, the number of inmates confined to
each cell or room shall not exceed the number for which it is designed. Should
an emergency create an excess in occupancy, the warden/superintendent shall
provide temporary written approval and immediately proceed to alleviate the
situation as promptly as possible by making other arrangements for the inmates
so confined.
F. Special housing cells or units shall be well ventilated,
adequately lighted, appropriately heated, and maintained in sanitary conditions
at all times. A general log shall be kept and the temperature shall be recorded
at least once each shift. Inmates shall be housed in an environment in which
the temperature does not fall below 65°F and when the temperature exceeds 85°F,
mechanical air circulation shall be provided.
G. Inmates in special housing shall dress in state-issued
clothing and shall be furnished:
1. Underwear;
2. Shower shoes;
3. One mattress;
4. One pillow;
5. One pillow case;
6. Two sheets;
7. Blankets as needed;
8. One towel; and
9. One washcloth.
In isolation cases only, the bedding may be removed during
the daytime hours. For safety and security reasons, all items may be removed
from the cell.
H. Written procedure and practice shall provide that
inmates in special housing shall be permitted to shower and shave not less than
twice per week. Clothing and underwear shall be changed not less than twice per
week.
I. Written procedure and practice shall provide that
inmates in special housing can write and receive letters on the same basis as
inmates in the general population, except inmates in isolation may not receive
the contents of their packages until approved by the warden/superintendent.
J. Written procedure and practice shall provide that
inmates in special housing have access to federal and state courts through
access to a court appointed or private attorney, or an appropriate law library,
or a combination thereof.
K. Inmates in isolation shall forfeit the privileges of
receiving visits from family, relatives, or friends; however, under exceptional
circumstances, permission may be obtained from the warden/superintendent of the
institution for such visits. Attorney visits to an inmate in isolation may not
be restricted by the warden/superintendent, and attorneys shall be allowed
access to the inmate during normal work hours.
L. Written procedure and practice shall provide that
inmates in isolation will be allowed to keep only the following:
1. Legal materials;
2. Religious materials; and
3. Personal hygiene items defined exactly as:
a. Toothbrush;
b. Toothpaste;
c. Soap;
d. Plastic comb; and
e. Feminine hygiene products (for female inmates).
If the offender does not have the items listed in this
subsection, and is indigent, the institution shall furnish them. All other
items of inmate personal property shall be stored upon assignment to isolation.
Inmate personal property shall be inventoried by either an officer and the
inmate, or by two corrections officers. The inmate shall be given a receipt for
all personal property upon assignment to isolation. Inmates serving isolation
sentences may purchase postage stamps, writing materials, and over-the-counter
medications.
M. Written procedures shall specify the personal property
that an inmate may retain while in segregation status.
N. Written procedure and practice shall provide that a
visitation schedule for segregated inmates shall be established by the
warden/superintendent.
O. Written procedure and practice shall provide that
inmates in segregation are allowed a minimum of one hour of exercise three
separate days per week. This exercise shall be outdoors unless weather does not
permit it.
P. Written procedure and practice shall provide inmates in
segregation access to the commissary. Commissary purchases may be restricted
only for security and medical reasons. No item of a hazardous nature shall be
allowed.
Q. In addition to supervision provided by the unit
officers, the special housing unit shall be visited daily by the shift
supervisor or higher authority. Each inmate in special housing shall be checked
no less than once per hour at staggered times by a corrections officer. Such
visits and checks shall be documented.
R. A permanent individual log shall be maintained in the
special housing unit for each inmate. This log shall contain:
1. Inmate name and number;
2. Date and time of admission/release;
3. Weight of the inmate upon entering and leaving and the
recording officer's name;
4. Name, date, and time of the corrections officer making
the required hourly check;
5. Medical requests and visits;
6. Medications administered or refused;
7. Meals refused; and
8. Other pertinent information.
S. Written procedure and practice shall provide for
reasonable access to medical, dental, and mental health services while in
special housing status. Health assessments of inmates in special housing shall
be conducted as required by departmental procedures.
6VAC15-31-150. Inmate payment for damaged property. (Repealed.)
Written procedure and practice shall require that a program
be developed for inmate payment of damaged property pursuant to § 53.1-228.1 of
the Code of Virginia. Such a program shall be in accordance with departmental
procedures and shall require:
1. Procedures for recovering from an inmate the cost of
replacing or repairing any facility-owned or facility-issued property which is
proven to have been intentionally damaged or destroyed by the inmate. At a
minimum, the procedures shall specify the following information:
a. Fee amounts;
b. Payment procedures; and
c. Written notification to inmates of proposed fee changes.
2. The inmate shall be notified in writing of damaged
property charges to the inmate account.
3. A separate account or accounting process shall be
established and used exclusively for the deposit and disbursal of damaged
property reimbursements. Fee collections and disbursements shall be governed by
generally accepted accounting principles.
4. Due process shall be afforded for each inmate charged
with responsibility for damaged property.
5. Inmates shall be advised of the damaged property program
at the time of admission or orientation.
Part VII
Food Service and Sanitation
6VAC15-31-160. Food service. (Repealed.)
A. Food service operations shall be supervised by a full-time
staff member who is experienced in food service management.
B. All menus shall meet or exceed the dietary allowances
stated in the Recommended Dietary Allowances, National Academy of Sciences,
1989.
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 responsible medical or dental personnel and monitored by
medical personnel.
E. Written procedure and practice shall provide for
reasonable accommodation for inmates whose religious beliefs require adherence
to religious dietary laws.
F. Written procedure and practice shall provide that meals
are served under conditions that minimize regimentation, except when security
or safety conditions dictate otherwise. All meals shall be served under direct
supervision of staff members.
G. 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.
H. Food service personnel, including inmates, 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. Inmates and
other persons working in food service shall be monitored continuously for
health and cleanliness by the food service manager or designee.
I. 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.
J. Shelf goods shall be maintained properly and safely.
Refrigerated foods shall be maintained at 45°F or below, and frozen foods shall
be maintained at 0°F or below. Refrigeration and dishwater temperature shall be
checked daily and documented.
6VAC15-31-170. Sanitation and hygiene. (Repealed.)
A. The institution shall comply with the requirements of appropriate
regulatory agencies with regard to the potable water supply, control of vermin
and pests, emissions, and waste disposal systems.
B. Written housekeeping procedure and practice for all
areas of the facility's physical plant shall provide for daily housekeeping and
regular maintenance by assigning specific duties and responsibilities to staff
and inmates.
C. Toilet, shower, and bathing facilities shall be
operational and sufficient to ensure basic health and basic hygiene. The
opportunity for at least three showers per week shall be made available to the
general population.
D. Written procedure and practice shall provide for the
issue of clean, suitable clothing to inmates. Special clothing shall be
provided to inmates assigned to food service, hospital, sanitation, and other
special work details, as needed. Protective clothing and safety equipment shall
be provided when appropriate.
E. Written procedure and practice shall provide for, at a
minimum:
1. Clean bedding;
2. Towels;
3. Blankets; and
4. Washcloths.
F. Written procedure and practice shall provide for the
weekly laundering of all state-issued linens and state-issued clothing.
G. Written procedure and practice shall provide that hair
care services that comply with applicable health requirements are available to
inmates.
H. Written procedure and practice shall require that
articles necessary for maintaining proper and personal hygiene are available to
all inmates through the unit commissary. Indigent inmates shall be issued
necessary personal hygiene articles.
Part VIII
Health Services and Copay Requirements
6VAC15-31-180. General health care procedures. (Repealed.)
A. Written procedure and practice shall provide that the
warden/superintendent, in conjunction with the health authority, ensures that
inmates are provided with health care services and that the institution's
medical unit is operated in accordance with applicable laws and regulations.
B. Written procedures and practice shall provide access to
adequate health care, for a system for processing complaints about health care,
and that these procedures are communicated orally and in writing to inmates
upon arrival at the facility in language which can be clearly understood by
each inmate.
C. Written procedure and practice shall provide for
continuity of health care from admission to discharge or transfer.
D. The Office of Health Services shall conduct a documented
quality assurance review for each institution every other year. Action plans
shall be written for all areas of deficiency.
E. Written procedure and practice shall govern the use of
restraints for clinical purposes and shall identify the authorization needed,
as well as when, where, and how restraints may be used and for what duration of
time.
6VAC15-31-190. Responsible health authority. (Repealed.)
Written procedure and practice shall require that:
1. The warden/superintendent ensures the appointment of a designated
health authority who, at a minimum, may be a physician, head nurse, or health
administrator who is responsible for the health care of the inmates pursuant to
a written agreement or contract or job description.
2. All medical, psychiatric, dental, and nursing matters
involving medical judgment are the sole province of the responsible physician,
dentist, and nurse, respectively.
3. The health authority meets with the warden/superintendent
at least every three months and submits reports of the health care delivery
system and health environment of the institution.
4. The health authority submits monthly activity reports to
the Office of Health Services.
5. The health authority reports to the warden/superintendent
and Office of Health Services immediately any serious health threat that may
affect staff and inmate health and safety.
6. The health authority reviews each health care policy,
procedure, and program at least every 12 months and revises them as needed. All
health care staff shall review procedures every 12 months. Each review and
revision shall bear the date and signature of the reviewer.
6VAC15-31-200. Health services facilities and equipment. (Repealed.)
Written procedure and practice shall require the following:
1. The warden/superintendent shall provide adequate space,
equipment, supplies, and materials for the delivery of health care as
determined by the health authority in accordance with the level of care
provided by the institution.
2. First aid kits and emergency medical supplies shall be
available in areas determined by the health authority in conjunction with the
warden/superintendent.
3. Health services staff shall be responsible for ensuring
all medical equipment is maintained according to manufacturers' recommendations
and is in good working condition at all times. Medical equipment shall be
safeguarded from inmate access.
4. Institutionally owned ambulances (Class B) shall be
operated in accordance with regulations promulgated by the Board of Health, Office
of Emergency Medical Services (EMS); operated by certified drivers; and
accompanied by a certified emergency medical technician, or certified
attendant-in-charge approved by the Commissioner of Health acting under
protocol from the sending medical facility.
6VAC15-31-210. Health care personnel. (Repealed.)
Written procedure and practice shall require the following:
1. All health care personnel who provide health care services
to inmates shall meet state licensure, certification, and health services
registration requirements, and verification of current credentials and licenses
will be on file in the facility.
2. Duties and responsibilities of health care personnel shall
be governed by written job descriptions approved by the health authority, kept
on file at the facility, and a copy given to the employee.
3. Treatment by health care personnel, other than a
physician, physician extender, dentist, or other independent provider should be
performed pursuant to written procedures or medical orders.
4. Nonmedical personnel involved in the distribution or
administration of non-over-the-counter medications or in providing other
medical services shall be trained according to the department's Office of
Health Services' procedures using an approved course by the Virginia Board of
Nursing.
5. On-site emergency first aid, CPR, and crisis intervention
shall be administered appropriately. In addition, direct care and custodial
staff shall be trained to recognize signs and symptoms of mental illness and
chemical dependency.
6. Inmates shall not be used for the following duties:
a. Performing direct patient care services, with the
exception of assisting in feeding and movement by wheelchair, stretcher, and
turning patient over in bed;
b. Scheduling health care appointments;
c. Determining access of other inmates to health care
services;
d. Handling or having access to surgical instruments,
needles, medications, and health records; or
e. Operating diagnostic and therapeutic instruments.
7. Health care staff shall have access to professional
books, publications, and reference materials on current and advances in health
care.
8. Health care personnel shall be provided opportunities for
orientation, training, and continuing education.
6VAC15-31-220. Health care programs in which inmates pay a
portion of the costs. (Repealed.)
An inmate copay program for health care services shall be administered
in accordance with § 53.1-32 of the Code of Virginia and 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 which are subject to fees;
b. Fee amounts;
c. Payment procedures;
d. Health care services which are provided at no cost;
e. Fee application to medical emergencies, chronic care,
and preexisting conditions; and
f. Written notification to inmates of proposed fee changes.
2. Inmate payment for medical services shall be in
accordance with set fees based upon only a portion of the costs of these
services.
3. Inmates 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
inmate 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
service fees. Fee collections and disbursements shall be governed by generally
accepted accounting principles.
6VAC15-31-230. Health screenings and examinations. (Repealed.)
Written procedure and practice shall require the following:
1. All newly incarcerated inmates shall undergo medical,
dental, and mental health screening by health-trained or qualified personnel to
include a complete medical history, physical examination, screening laboratory
tests, and other tests as ordered by the responsible physician or dentist. All
findings shall be recorded on forms approved by the Office of Health Services,
and a medical and mental health classification and location code shall be
assigned to each inmate.
2. All inmates undergoing intrasystem transfers shall
undergo a health review by health-trained or qualified personnel upon arrival
at the institution or no later than one working day thereafter if the facility
does not have 24-hour medical coverage.
3. Identification and management of tuberculosis and other
communicable diseases shall be addressed, and these procedures shall be updated
as new information becomes available.
6VAC15-31-240. Mental health services. (Repealed.)
A. Each institution with mental health services staff shall
have written procedure and practice which establish the provision of mental
health services to inmates and which address at least the following:
1. A description of the mental health services provided at
the facility, including levels of care;
2. Initial and ongoing assessment of the mental health
status and treatment needs of the inmates;
3. Crisis intervention;
4. Individual or group therapy or both;
5. Transfer of inmates requiring mental health services
beyond an institution's resources; and
6. A system for continuity of care and follow-up procedures,
including discharge planning.
B. Written procedures and practice shall ensure
individualized treatment planning by mental health services staff for inmates
assigned to designated mental health units. Such planning shall be documented.
C. Written procedure and practice shall ensure
documentation and recordkeeping of all mental health services provided at the
institution.
D. Written procedure and practice shall ensure the limits
of confidentiality regarding mental health services provided in a correctional
setting, including the means by which inmates are informed of these limits and
under what circumstances information may be released.
E. Written procedure and practice shall ensure a suicide
prevention and intervention plan. The plan shall address the identification and
assessment of potentially suicidal inmates and the housing, monitoring, and
referral of these inmates.
F. Written procedure and practice shall ensure a written
mental health training program provided to employees (nonmental health services
staff) assigned to work in designated housing units (i.e., mental health units;
segregation, isolation, and detention units; and parole violator units). This
training program shall be developed, reviewed, and provided by mental health
services staff. Employees assigned to any one of these designated housing units
shall complete their training as soon as possible and no later than nine months
after their assignment to the unit. Following completion of the training,
employees assigned to any of these units shall complete a minimum of one day of
in-service training every two years related to mental health issues.
6VAC15-31-250. Levels of care. (Repealed.)
Written procedure and practice shall require the following:
1. Treatment of an inmate's health problems shall not be limited
by the resources available within the institution. Hospital care shall be
available for acute illness or surgery at a facility outside the institution.
2. The warden/superintendent, in conjunction with the health
authority, shall make available all levels of health care to include self-care,
first aid, 24-hour emergency care, 24-hour infirmary care, hospital care, and
chronic and convalescent care, as required by the inmate's condition.
3. Qualified health care personnel shall conduct regularly
scheduled sick call, which shall be available to all inmates.
4. The warden/superintendent, in conjunction with the Office
of Health Services, shall contract the services of medical, dental, or mental
health specialists, in accordance with procedures approved by the director.
5. Inmates shall be prohibited from choosing their own
health care provider. Documentation shall be made of refusal to accept
treatment.
6. Written informed consent for inmate health care shall be
obtained when required and documented. When health care is rendered against the
patient's will, it shall be in accord with state and federal laws and
regulations.
6VAC15-31-260. Specialized health care programs. (Repealed.)
Written procedure and practice shall require the following:
1. A program of health education shall be available to all
inmates of an institution.
2. Special treatment programs shall be available for inmates
requiring close medical supervision as determined by the responsible physician,
dentist, or qualified mental health professional.
3. Management of chemically dependent inmates shall be made
under the supervision of a qualified health care practitioner.
4. Medical and dental prostheses, subject to copayment,
shall be provided when the health of the inmate would otherwise be affected, as
determined by the responsible physician or dentist.
5. A system shall be established whereby pregnant inmates
may obtain obstetrical, medical, and social services.
6. Special diets shall be prescribed as needed and monitored
by health care and food service staff, as appropriate.
6VAC15-31-270. Health records. (Repealed.)
Written procedure and practice shall require the following:
1. Institutions shall document that copies of the health records
of all inmates transferred from a jail are transferred to the custody of
medical personnel at the receiving institution, and that confidentiality of the
records is preserved during the transfer.
2. A complete health record for each inmate shall be
created, organized, maintained, and stored according to procedures, and shall
document all the health services rendered during the entire period of
incarceration.
3. The principle of confidentiality of the health record
shall be upheld and shall support the following requirements:
a. The health record shall be maintained separately from
the institutional record;
b. 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 and applicable law; and
c. The health authority shall share with the
warden/superintendent information regarding security and the inmates' medical
management, transfer, and ability to participate in programs.
4. Appropriate documentation shall accompany the inmate to
all departmental facilities whether for intrasystem transfer or for medical
consultations and that the confidentiality of the record is strictly maintained
during such transfer.
5. Inactive health record files shall be retained as
permanent records in compliance with departmental procedures and state and
federal laws and regulations.
6VAC15-31-280. Medication management. (Repealed.)
A. Written procedure and practice shall require that pharmacy
services and medication management for an institution are in strict compliance
with state and federal laws, applicable pharmacy regulations, and departmental
procedures.
B. Written procedure and practice shall provide for the
proper management of pharmaceuticals and address the following:
1. A formulary specifically developed for the department.
2. Prescribing practices, including requirements that:
a. Psychotropic medications are prescribed only when
clinically indicated and not for disciplinary reasons;
b. "Stop order" time periods are required for all
medications; and
c. The prescribing provider reevaluates a prescription
prior to its renewal.
3. Procedure for the receipt, storage, dispensing, and
administration or distribution of medications.
4. Maximum security storage and periodic inventory of all
controlled substances, syringes, and needles, in accordance with departmental
procedures.
5. Administration of medication by persons properly trained
and under the supervision of the health authority and warden/superintendent.
6. Accountability, including documentation, for
administering or distributing medications in a timely manner, according to
physician orders.
7. Disposal of needles, syringes, and discontinued, outdated
or confiscated medications or supplies.
6VAC15-31-290. Serious illness and death. (Repealed.)
Written procedure and practice shall specify and govern the
following:
1. The process by which those individuals designated by the
inmate are notified in case of serious illness, injury, or death.
2. The actions to be taken in the event of an inmate death,
including notification of the medical examiner, management of records, and
transportation of the body.
Part IX
Legal and Programmatic Rights
6VAC15-31-300. Legal and programmatic rights of inmates. (Repealed.)
Written procedure and practice shall require the following:
1. Inmates shall have access to federal and state courts
through access to a court-appointed or private attorney, or an appropriate law
library, or a combination thereof.
2. Program access, work assignments, and administrative
decisions shall be made without regard to an inmate's race, religion, national
origin, sex, disability, or political views. Inmates shall be protected from
personal abuse, corporal punishment, personal injury, disease, property damage,
and harassment.
3. Inmates shall have access to the mass communications
media, subject to departmental procedures.
4. An inmate grievance procedure shall be available to all
inmates and includes at least one level of review and specific time limits.
Part X
Rules and Discipline
6VAC15-31-310. Inmate rules and discipline. (Repealed.)
A. Written rules of inmate conduct shall specify prohibited
acts and penalties which may be imposed for violations. A copy of all rules and
disciplinary procedures and penalties shall be made available to all inmates
and employees. Signed acknowledgment of receipt of the rulebook shall be
maintained in the inmate's file. Institutional rules shall be reviewed annually
and revised as necessary.
B. Written procedure and practice shall provide an inmate
disciplinary procedure that is available to all inmates and includes:
1. Written reports of alleged offenses;
2. Notification of hearings;
3. The availability of staff or inmate advisors appointed by
the institution;
4. The ability to question the reporting officer;
5. Specific time limits;
6. Written findings and reasons for decisions;
7. At least one level of review and appeal; and
8. Provisions for expungement.
Part XI
Mail, Telephone, and Visiting
6VAC15-31-320. Mail, telephone, and visiting. (Repealed.)
Written procedure and practice shall govern the following:
1. Inmate correspondence.
a. Incoming mail. In accordance with § 274.96 of United
States Post Office Administrative Services Manual (ASM-13), revised July 1999,
and department procedures, inmate general correspondence mail may be opened,
searched and possibly read if the inmate consents in writing to receive mail at
the institution. Without written consent by the inmate, the mail will be
returned to the post office unopened.
b. Outgoing letters. Inmates may send letters to specified
classes of persons and organizations, as designated in departmental procedures.
c. Incoming and outgoing letters. Incoming and outgoing
letters shall be held for no more than 48 hours, excluding weekends and
holidays.
2. Postage allowance. Provisions shall be made for indigent
inmates to correspond by mail in order to maintain community ties.
3. Inmate access to publications.
4. Telephone privileges.
5. Visiting privileges. Procedures shall specify the time,
screening, frequency, and number of visitors, as well as provisions for special
visits.
6VAC15-31-330. Reception and orientation. (Repealed.)
Where applicable, written procedure and practice shall
govern the following:
1. The admission of new inmates and parole violators to the
system.
2. The preparation of a summary admission report for all new
admissions. The report shall include the following information:
a. Legal aspects of the case;
b. Summary of criminal history, if any;
c. Social history;
d. Medical, dental, and mental health history;
e. Occupational experience and interests;
f. Educational status and interests;
g. Vocational programming;
h. Recreational preference and needs assessment;
i. Psychological evaluation with staff recommendations; and
j. Preinstitution assessment information.
3. New inmates shall receive written orientation materials.
When a literacy or language problem exists, a staff member shall assist the
inmate in understanding the material. Completion of orientation shall be
documented by a statement signed and dated by the inmate. Inmates transferred
from other institutions shall receive an orientation to the new institution.
4. For major institutions, excluding dormitory-style
facilities, screening shall be conducted for double-celling in a room or cell
for those inmates assigned to multiple bed areas.
6VAC15-31-340. Classification. (Repealed.)
Written procedure and practice shall require an
institutional classification program which provides the following:
1. Consistency with division directives or procedures and
provisions for staff and inmate participation in classification reviews;
2. The review, evaluation, and approval of specific inmate
program objectives, assignments to special housing, and assurance that inmates
are afforded due process in classification reviews as necessary;
3. Objectives and methods for achieving those objectives;
4. Uniform procedures to determine inmate program needs;
5. A monitoring and evaluation mechanism to determine whether
the objectives are being met;
6. Determination of appropriate security status; and
7. The review of each inmate's individual treatment plan at
least every 12 months, and updates made as needed.
Part XIII
Other Programs
6VAC15-31-350. Work programs. (Repealed.)
A. Written procedure and practice shall provide for a work program
for the general population inmates which takes into account the inmate's level
of risk to staff and the general public, as well as the institution's needs.
Procedures shall provide that work performance is evaluated and the results
considered in awarding incentives.
B. Employees shall be trained in inmate work supervision
and other areas related to that work assignment prior to independent
functioning as a work supervisor.
6VAC15-31-360. Educational services. (Repealed.)
A. The institution shall provide space and maintain
facilities for academic, vocational, and library programs offered by the Department
of Correctional Education.
B. The warden/superintendent shall coordinate the
scheduling of activities with the principal or supervisor of the educational
program.
6VAC15-31-370. Inmate recreation and activities. (Repealed.)
A. Written procedure and practice shall provide for a recreational
program that includes leisure time activities and outdoor exercise.
B. Every inmate (excluding isolation and prehearing
detention) who is not employed in outdoor work should have the opportunity for
at least one hour of exercise three separate days per week. This exercise shall
be outdoors unless weather does not permit.
C. At institutions with more than 400 inmates, the
recreational program shall be supervised by a full-time, qualified person, and
at institutions with less than 400 inmates, a member shall be designated on a
part-time basis as a recreation officer.
D. Adequate facilities and equipment for the planned
recreation or exercise activities shall be available to the inmate population
and shall be maintained in good condition.
6VAC15-31-380. Religious programs. (Repealed.)
A. Written procedure and practice shall provide for access to
religious programs for all inmates on a voluntary basis. No preference shall be
given to one religious denomination, faith, or sect over another.
B. Institutional chaplains shall have access to all areas
of the institution to attend to the religious needs of the inmates.
C. The facility shall ensure that counseling by spiritual
leaders is confidential and in accordance with departmental procedures.
D. Adequate and appropriate space for worship shall be made
available by the institution.
6VAC15-31-390. Institutional counseling and program services.
(Repealed.)
A. Written procedure and practice shall provide for a system
of core programs at each facility appropriate to the needs of inmates which
shall include, at a minimum, life skills, substance abuse, and other counseling
services as appropriate.
B. Core programs shall meet program standards and
guidelines established by the department.
C. Written procedure and practice shall provide that each
inmate is assigned a counselor. Staff shall be available to counsel inmates
upon request, and provision shall be made for counseling and crisis
intervention services.
D. Treatment and professional services shall be provided by
persons qualified by either formal education or training required by the
department, and written procedure and practice shall provide that persons
providing treatment and professional services are certified or licensed as
required by law or regulations.
E. Written procedure and practice shall provide that
institutional staff identify at least every 12 months the needs of the inmate
population to ensure that the necessary programs and services are available,
including programs and services to meet the needs of inmates with specific
types of problems.
6VAC15-31-400. Release preparation and work release. (Repealed.)
A. Institutions shall provide that all inmates have access to
a program of release preparation prior to their release to the community.
B. Work release programs shall include written operational
procedures. Written procedure and practice shall provide for rules of conduct
and sanctions, a system of supervision to minimize inmate abuse of program
activities, a complete recordkeeping system, and efforts to obtain community
cooperation and support.
6VAC15-31-410. Citizen involvement and volunteers. (Repealed.)
A. Written procedure and practice shall specify the lines of
authority, responsibility, and accountability for the institution's citizen
involvement and volunteer services program.
B. Written procedure and practice shall provide that each
volunteer completes an appropriate, documented orientation or training program
prior to assignment.
C. Volunteers shall agree in writing to abide by all
facility procedures, particularly those relating to the security and
confidentiality of information.
D. Volunteer services shall be provided by volunteers
qualified by formal education, training, or experience to perform the services
which they provide.
E. Each institution shall be permitted to establish a
community advisory board, which serves as a link between the institution and
the community.
DOCUMENTS INCORPORATED BY REFERENCE (6VAC15-31) (Repealed.)
Recommended Dietary Allowance, National Academy of
Sciences, 1989.
United States Postal Service Administrative Support Manual
(ASM-13), § 274.96, July 1999.