W. Va. Code R. § 95-1-12 - Special Management Inmates

12.1. Operation of segregation units. Written policies and procedures shall provide for the operation of segregation units for the supervision of inmates under administrative segregation, protective custody or disciplinary detention.

12.2. Immediate segregation. Only the facility administrator or his or her designee can order immediate segregation of an inmate and then only when it is necessary to protect the inmate or others.

12.3. Disciplinary detention. Inmates shall be placed in disciplinary detention for a rule violation only after a hearing by the appropriate committee, or hearing officer, and when no other available alternative dispositions are adequate to regulate the inmate's behavior within acceptable limits and the inmate's presence in the general population poses a serious threat to the orderly operation or security of the jail facility.

12.4. Administrative segregation. Inmates shall be placed in administrative segregation only after a hearing before the jail facility administrator or shift supervisor, classification committee, or other standing committee specifically designated for this purpose.

12.5. Administrative segregation hearing. Placement in administrative segregation should be preceded by the inmate receiving notice of intended placement, appearance at the hearing and an opportunity to present his or her case to the hearing officer(s).

12.6. Review of administrative segregation. The status of the inmate shall be reviewed at least every fifteen (15) days to determine whether the reasons for initial placement in segregation continue to exist. If the reasons do not, the inmate shall be released from segregation.

12.7. Release and appeal from administrative segregation. An inmate shall be released from administrative segregation by action of the appropriate committee with jurisdiction over the inmate's placement in this status, or an appeal to the jail facility administrator or appropriate supervisory authority.

12.8. Protective custody. An inmate shall be admitted to the segregation unit for purposes of protective custody only when there is documentation that protective custody is warranted and no reasonable alternatives are available. Protective custody shall be used only for short periods of time, except when an inmate needs long-term protection, and the facts are well documented. When an inmate consents to protective custody, his or her consent shall be fully documented with a consent form signed by the inmate. The inmate may at any time request reassignment to the general inmate population.

12.9. Review of protective custody. Inmates in protective custody shall have their status reviewed by the appropriate personnel at least every fifteen (15) days.

12.10. Appeal of protective custody. When inmates are placed in protective custody an appeal process shall be provided to the jail facility administrator or an appropriate supervisory authority.

12.11. Isolation. The responsible physician shall approve a plan guiding the use of restraints in isolation. For an inmate to be kept in isolation for more than twenty-four (24) hours, a physician or mental health professional shall determine upon evaluation that the inmate is a threat to himself or herself or others. Transfer of the inmate to a hospital or state institution may be appropriate. Isolation shall be reviewed as soon as possible by the jail facility supervisor but in no event later than six (6) hours after the initial placement in isolation. Inmates placed in isolation as a result of being out of control shall be released immediately upon their regaining self-control. An appeal process to the jail facility administrator or the appropriate supervisory authority shall be provided.

12.12. Isolation observation. A monitoring procedure shall be developed to require observation of inmates in isolation. The procedures shall include regular observations and at least an hourly recording of the behavior observed. The individual recording shall include the following information: the inmate's name; the date and hour of placement in isolation; the reason or basis for placement in isolation; the behavior exhibited while in isolation; the release time; any physical or mental problems or needs; and, any visits by health personnel.

12.13. Permanent log in segregation units. Staff members in any segregation unit shall maintain a permanent log. Admissions of all inmates to these units shall be recorded with the following information included for each inmate: the inmate's name; the inmate's number; the inmate's previous housing location; the date admitted; the type of infraction or reason for admission; the tentative release date; and, any special medical or psychiatric problems or needs. The log should be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.

12.14. Observation of potentially suicidal inmates. Inmates who are classified as potentially suicidal shall be continuously monitored which shall include a verbal exchange between the inmate and the monitoring staff. A recording of this monitoring shall be made and placed in the inmate's health record. High risk persons shall be placed on continuous observation.

12.15. Deprivation of authorized item or activity. Whenever an inmate in segregation is deprived of any usually authorized item or activity, a written report of the action shall be made and forwarded to the jail facility administrator. The report shall identify the inmate, the item or activity he or she was deprived of, and the reasons for the action. The report shall be forwarded to the chief security officer as soon as possible. If circumstances warrant the removal of all of an inmate's personal items, approval for this action shall be obtained in advance from the jail facility administrator or his or her designee. No item or activity shall be withheld longer than is necessary to ensure the inmate's safety and the well-being of the staff and other inmates. In no case shall an inmate be deprived of an item or activity for the purpose of punishment unless proper disciplinary process has been utilized.

12.16. Meals. Inmates in segregation shall receive the same meals as those served to the general population. Deprivation of food shall never be used as punishment.

12.17. Shower. Inmates in segregation shall have the opportunity to shave and shower daily. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, unless the activities present an undue security hazard.

12.18. Clothing, bedding, hair care service. The issuance and exchange of clothing, bedding and linen and laundry of those articles, barbering and hair care services shall be provided for inmates in segregation on the same basis as for inmates in the general population; exceptions to this rule are permitted only where found necessary by the senior officer on duty, and are recorded in the log required by section 12.13 of this rule and justified in writing. Inmates in segregation shall be afforded the same hygienic living conditions as the general inmate population.

12.19. Mail. Inmates in segregation shall be provided the same opportunities for the sending and receiving of letters as are available to the general inmate population. Letters shall be delivered prompt­ly. If any item is rejected consistent with the policies and procedures for sending and receiving letters, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.

12.20. Visitation. Inmates in segregation shall be provided opportunities for visitation, unless there are substantial reasons for withholding such privileges. Every effort shall be made to notify the inmate and any approved visitors of any restrictions on visiting. This practice will avoid disappointment and unnecessary inconvenience for the visitors.

12.21. Telephone. Inmates in disciplinary detention shall be allowed limited telephone privileges, which consist of telephone calls related specifically to access to the judicial process and family emergencies as approved by the jail facility administrator or his or her designee. Inmates in administrative segregation and protective custody shall be allowed telephone privileges.

12.22. Legal materials. Inmates in segregation shall have access to both personal legal materials and to available legal reference materials. Reasonable arrangements shall be made to assist these inmates in meeting court deadlines.

12.23. Reading materials. Inmates in segregation shall have access to reading materials.

12.24. Exercise. Inmates in segregation shall be allowed the same opportunity for recreation as those in the general population unless specific temporary security restrictions are designated in writing by the jail facility administrator in advance.

12.25. Programs and services. Inmates in segregation shall be allowed to participate in facility programs to the same extent as the general inmate population, providing their participation is consistent with the safety and security of the facility and the community. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.

12.26. Visits from staff. Inmates in segregation shall receive daily visits from the chief security officer or the shift supervisor, members of the program staff upon request, or a qualified health care official three (3) times per week unless medical attention is needed more frequently.

12.27. Staffing of segregation units. Written policies and procedures shall govern selection criteria, supervision and assignment of staff who work with inmates on a regular and daily contact basis in segregation units. Procedures shall be established to supervise and evaluate the on-the-job performance of all staff members who work with inmates in segregation. Administrative procedures shall exist for promptly removing ineffective staff members from these positions. The need for reassignment shall be based on the intensity of the assignment.

Notes

W. Va. Code R. § 95-1-12