6VAC15-40 Minimum Standards for Jails and Lockups

REGULATIONS

Vol. 29 Iss. 4 - October 22, 2012

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

DEPARTMENT OF CORRECTIONS

Chapter 40

Final Regulation

Title of Regulation: 6VAC15-40. Minimum Standards for Jails and Lockups (amending 6VAC15-40-10, 6VAC15-40-30, 6VAC15-40-40, 6VAC15-40-60, 6VAC15-40-90 through 6VAC15-40-130, 6VAC15-40-150 through 6VAC15-40-250, 6VAC15-40-280, 6VAC15-40-290, 6VAC15-40-300, 6VAC15-40-320, 6VAC15-40-330, 6VAC15-40-340, 6VAC15-40-360 through 6VAC15-40-420, 6VAC15-40-440, 6VAC15-40-450, 6VAC15-40-480, 6VAC15-40-510, 6VAC15-40-520, 6VAC15-40-550, 6VAC15-40-560, 6VAC15-40-600 through 6VAC15-40-670, 6VAC15-40-690, 6VAC15-40-720, 6VAC15-40-730, 6VAC15-40-740, 6VAC15-40-760, 6VAC15-40-770, 6VAC15-40-790, 6VAC15-40-810 through 6VAC15-40-840, 6VAC15-40-870, 6VAC15-40-880, 6VAC15-40-910 through 6VAC15-40-980, 6VAC15-40-1000 through 6VAC15-40-1050, 6VAC15-40-1080, 6VAC15-40-1090, 6VAC15-40-1100, 6VAC15-40-1150, 6VAC15-40-1180, 6VAC15-40-1193, 6VAC15-40-1195, 6VAC15-40-1210, 6VAC15-40-1220, 6VAC15-40-1240 through 6VAC15-40-1280, 6VAC15-40-1300, 6VAC15-40-1310, 6VAC15-40-1330 through 6VAC15-40-1360; adding 6VAC15-40-5, 6VAC15-40-405, 6VAC15-40-545, 6VAC15-40-831, 6VAC15-40-945, 6VAC15-40-1045, 6VAC15-40-1111, 6VAC15-40-1315, 6VAC15-40-1380; repealing 6VAC15-40-460, 6VAC15-40-1320).

Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.

Effective Date: November 22, 2012.

Agency Contact: William Wilson, Compliance and Accreditation Unit, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23225, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The amendments (i) clarify current standards to include terminology and procedures, extensive modification of chapter definitions, and incorporation by reference of two model plans (payment of costs associated with prisoner keep and jail prisoner medical treatment programs); and (ii) add sections to address compliance documentation, Automated External Defibrillator devices, standards for inmate food service workers, fees for inmate keep, tools, supervisions of inmates, and self-contained breathing apparatus.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

Part I
General Provisions

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 institution facility. Inmates pending investigation for trial on a criminal act or pending transfer can also be included.

"Annually" "Annual" 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" or "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.

"Board" means the Board of Corrections.

"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" means [ non-sworn nonsworn ] facility employees who have been provided with on-the-job training in facility security procedures and 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 this chapter 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" means records 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 unexpired.

"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 6VAC15-40-410 and 6VAC15-40-420 means the removal of an inmate from a medical treatment facility or the physician's discharge plan.

"Disposition" as referenced in 6VAC15-40-710 means how an inmate's clothing and personal possessions are inventoried, and where an inmate's clothing and personal possessions are stored until the inmate is released or transferred.

"Disposition" as referenced in 6VAC15-40-910 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 release" means an approved absence from the facility for the purpose of participating in an educational program.

"Emergency plan" [ or "emergency plans" ] means the written procedures for staff responsibility in 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 maintaining smoke detection equipment, servicing fire extinguishers, keeping living areas free of clutter, and storing combustible materials in the proper manner.

"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 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" or "MSDS" means a document containing information on potential health effects [ of from ] 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 of the 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 [definitive statement of position on an issue concerning the organization's effective operation.

"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 detailed, step-by-step description of the activities necessary to fulfill the policy. A procedure describes how, when, where, and by whom the organization will implement and fulfill the policy.

"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" 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 of the 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 facility established by only two cities, counties, or towns on or before June 30, 1982; and (iii) any regional jail facility 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 that 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.

"Security staff" means those officers who have completed on-the-job training and whose primary responsibilities are the safety and security of the facility and inmates.

"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.

"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 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 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 inspection" or "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, securely maintained, 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 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, fires requiring evacuation of inmates, 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 prisoner inmate 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 reclassifications reclassification 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. Prerequisites shall be documented.

2. Written responses, including the reason for the decision, shall be made to all grievances; Grievances 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; and A review shall be made by a staff member not directly involved in the grievance.

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.

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 one 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 Exceptions for inclement weather or risk to security ] 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. Offenders Inmates 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 Provisions that require that a minimum of one staff-initiated telephone contact per calendar week and a minimum of one random field visit per month [ or GPS monitoring ] shall be [ conducted and documented used ] to verify the inmate's location within the community.

6VAC15-40-180. Conditions for offender inmate participation in a work release program.

Offender Inmate 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 offender inmate participation in educational release or rehabilitative rehabilitation release program programs.

Offender Inmate participation in an educational release or rehabilitative rehabilitation release program 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 offender inmate than those required by other participants.

6VAC15-40-200. Furlough.

Participants Inmate 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 participant inmate participants from the program.

1. Procedures shall include provisions for an impartial hearing for the participant inmate participants.

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 his 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 and set forth by the Department of Corrections (DOC), 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 Health care provider and licensing, 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 seven 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 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 pharmacist medical authority or pharmacist, if applicable. 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 or pharmacist. Such reviews shall be documented.

6VAC15-40-405. Automated External Defibrillator (AED).

There shall be a minimum of one AED unit available in the facility. All security staff shall receive training in the operation of the unit.

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 to which the inmate is being transferred. Required information shall include: vital signs, current medications, current medical/dental problems, mental health screening, mental health problems, TB skin test date and results, special inmate needs/accommodations, pending medical appointments, medical dispositions, overall comments, health care provider/personnel signature and date, and any additional pertinent medical information such as lab work, x-rays, etc.

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 three 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 shall not exceed, those fees established by the Board of Corrections in the Model Plan for Jail Prisoner Medical Treatment Programs per § 53.1-133.01 of the 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 service services 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 that 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 dietitian or certified nutritionist every three years; and

5. Additional evaluations shall be completed when a substantive change in the menu 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 an inmate having less than the cost of five first class stamps in his account for 15 days.

6VAC15-40-630. Outgoing and incoming letters mail.

Written policy, procedure, and practice shall ensure that outgoing letters shall be mail is collected and sent daily except Saturdays, Sundays, and holidays during normal United States Postal Service (USPS) days of operation. Incoming letters mail 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 general General 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. If searched, all legal correspondence shall be opened in the presence of the inmate.

6VAC15-40-650. Notice of seizures seizure of mail contraband.

Written policy, procedure, and practice shall assure that ensure notice of the seizures seizure of mailed mail contraband be is 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 recorded documented.

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.

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. Provision of mattresses.

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 impaired and visually impaired inmates.

6VAC15-40-740. Requirements for clothing, 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 be is provided twice a per 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 required allowed to bathe twice a week.

6VAC15-40-770. Provision of hygiene articles items.

The facility shall provide soap, a toothbrush, and toothpaste or toothpowder to each inmate upon admission to the general population. Feminine hygiene items (as defined by facility policy) 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.

6VAC15-40-790. 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.

6VAC15-40-810. 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 to a housing status and 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 shall not exceed, the fee stated in the Board of Corrections Model Plan for Payment of Costs Associated with Inmate Keep per § 53.1-131.3 of the Code of Virginia. Written policy, procedure, and practice shall include, at a minimum, the following:

1. Provisions requiring the facility to notify the inmate of such fee in writing upon admission/orientation;

2. Payment and refund procedures;

3. Accounting procedures;

4. Provisions designating which, if any, inmates are exempt;

5. If the release date and the date of arrival are within 24 hours, provisions to charge the inmate only the equivalent of one day’s fee; and

6. Whenever an inmate has been charged the fee, provisions specifying that the deduction shall be reflected on the inmate's account.

6VAC15-40-833. Discipline.

The minimum procedural requirements whenever Whenever an inmate may be deprived of good time, or placed on 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 Whenever an inmate is punished, such as reprimand reprimands or loss of privileges, 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, which and communications. 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 make it. The policy shall be 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.

6VAC15-40-980. Restraint equipment.

Written policy, procedure and practice shall govern the use of restraint equipment. A written protocol pertaining to the monitoring of inmates in restraint equipment shall be established and approved by the medical authority.

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 disciplinary detention or 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 beyond or administrative segregation for 15 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 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 staff to view inmates or the entire housing area.

6VAC15-40-1050. Institution Supervisory inspection.

Supervisory staff shall inspect conduct a general, daily inspection of the institution daily facility. Such inspections shall be documented. Unusual findings shall be indicated in writing documented and submitted to the senior supervisor or designee on duty for review.

6VAC15-40-1080. Emergency situations plans 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 inmate inmates.

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 inspections 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.

6VAC15-40-1180. 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 at the lockup present 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 and funds taken upon admission and returned to him upon his 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 for shall ensure 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.

6VAC15-40-1315. Supervision of detainees.

All detainee 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 staff to view detainees or the entire housing area.

6VAC15-40-1320. Log of medical activities. (Repealed.)

A permanent log shall be maintained on all medical findings, diagnoses, treatment, dispositions, prescriptions and administration of medications, as disclosable by the Code of Virginia.

6VAC15-40-1330. Visiting Attorney visits.

Written policy and procedures shall ensure that: attorneys are permitted to have confidential visits with detainees.

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;

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 Serious incident report.

A report setting forth in detail the pertinent facts of deaths, discharging of firearms, erroneous releases, escapes, fires requiring evacuation of detainees, hostage situations, and discharging firearms recapture of escapees shall be reported to the local facilities unit supervisor of the Compliance and Accreditation Unit, Department of Corrections, or designee. The initial report should shall be made by the end of the next work day with within 24 hours and 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.

6VAC15-40-1380. Fire safety inspection.

The facility shall have a state or local fire safety inspection conducted every 12 months. Localities that do not enforce the Virginia Statewide Fire Prevention Code shall have the inspection performed by the State Fire Marshal's Office. Written reports of the fire safety inspection shall be on file with the facility administrator.

DOCUMENTS INCORPORATED BY REFERENCE (6VAC15-40)

[ USPS Administrative Support Manual, Section 274.96 - Mail Addressed to Prisoners, ASM 13, July 1999 (Updated with Postal Bulletins through November 2009), United States Postal Service.

[ Model Plan for Jail Prisoner Medical Treatment Programs, Virginia Department of Corrections.

Model Plan for Payment of Costs Associated with Prisoner Keep, Virginia Department of Corrections.

USPS Administrative Support Manual, Section 274.96 - Mail Addressed to Prisoners, ASM 13, July 1999 (Updated with Postal Bulletins through December 1, 2011), United States Postal Service.

Model Plan for Jail Prisoner Medical Treatment Programs, revised May 2009, Virginia Department of Corrections.

Model Plan for Payment of Costs Associated with Prisoner Keep, revised May 2010, Virginia Department of Corrections. ]

VA.R. Doc. No. R09-1738; Filed September 19, 2012, 3:51 p.m.