W. Va. Code R. § 95-3-34 - Admission, Orientation, Property Control and Release

34.1. New Inmates. Written policy and procedures shall govern the admission and orientation of new inmates. They shall be reviewed annually and updated if necessary. The holding facility shall not accept persons who are being committed solely because of the initiation of procedures for involuntary commitment pursuant to West Virginia Code, 27-5-1 et seq.

34.2. Mentally Disabled Inmates. Care shall be provided for inmates who are believed to be mentally ill, retarded or addicted and in need of treatment or other services. The administrator shall be made aware of the illness and shall arrange for a mental health referral.

34.3. Minimum Requirements. Written policy for admitting new inmates to a holding facility shall address at a minimum the following subjects:

34.3.a. Verification of court commitment papers or other legal documentation of detention:

34.3.b. Complete search of the individual and their possessions;

34.3.c. Disposition of clothing and personal possessions;

34.3.d. Preliminary medical screening;

34.3.e. Telephone calls by inmates;

34.3.f. Shower and hair care, if necessary;

34.3.g. Issue of clean clothing, if necessary;

34.3.h. Photographing and/or fingerprinting;

34.3.i. Interview for obtaining identifying data;

34.3.j. Screening interview;

34.3.k. Orientation;

34.3.l. Issue of personal hygiene items, if necessary;

34.3.m. Classification for assignment of a housing unit; and

34.3.n. Assignment to a holding cell.

34.4. Alcoholics. No persons charged solely with the offense of public intoxication shall be housed in a holding facility. Such persons shall be treated in accordance with the procedures outlined in State ex rel. Harper v. Zeeger, No. 14950 (filed May 18, 1982) and in its addendum (filed July 15, 1982).

34.5. Intoxicated or Drugged Inmates. There shall be written policy and procedure for the safe handling of intoxicated or drugged inmates committed to the holding facility, when such persons are charged with offenses other than or in addition to public intoxication, including:

34.5.a. All reasonable and necessary medical and health care services shall be provided forthwith in the manner set forth by the Harper, supra, decision and in its addendum;

34.5.b. Such persons shall be segregated from the general inmate population until such time as they can be safely returned without endangering themselves or others;

34.5.c. Whenever one or more such persons are temporarily segregated from the general population, the facility shall provide continuous supervision by posting an officer or other properly trained person to remain in close proximity to the area wherein such inmates are housed.

34.6. Orientation. All newly admitted inmates shall receive orientation information. Reasonable attempts shall be made to see that such orientation is in the language the inmate understands or comprehends. Completion of orientation shall be documented by a statement that is signed and dated by the inmate.

34.7. Telephone. All inmates newly admitted into custody shall be permitted to complete at least three local or collect long distance telephone calls during the admission process.

34.8. Personal Property. The personal property inmates can retain in their possession shall be specified.

34.9. Inventory and Receipt. A written, itemized inventory of all personal property of newly admitted inmates and secure storage of inmate property, including money and other valuables shall be provided. The inmate shall be given a receipt for all property held until release.

34.10. Release. Written procedures for releasing inmates include, but are not limited to the following:

34.10.a. Verification of identity;

34.10.b. Verification of release papers;

34.10.c. Completion of release arrangements, including the person or agency to whom the inmate is to be released;

34.10.d. Return of personal effects;

34.10.e. Verification that no facility property leaves the facility with the inmate; and

34.10.f. Completion of any pending action, such as grievances or claims for damaged or lost possessions.

Notes

W. Va. Code R. § 95-3-34