W. Va. Code R. § 95-1-11

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-1-11 - Security and Control
11.1. Manual. Written policies and procedures for security and control, including procedures for emergencies, shall be contained in a manual which is available to all staff and is reviewed annually and updated as needed.
11.2. Control center. The jail facility shall maintain a control center.
11.3. Communication system. The jail facility shall have a communication system between the control center and the inmate living areas.
11.4. Alarm system. The jail facility shall have an emergency alarm system that is linked to the control center; signal devices shall be located through­out the facility.
11.5. Secure perimeter. All security perimeter entrances, control center doors and cell block doors which open into a corridor shall be kept locked except when in use for admission or exit of employees, inmates or visitors or during emergency conditions.
11.6. Electronic surveillance. When audio or visual electronic surveillance is used, it shall be located primarily in hallways, elevators, corridors or at points on the security perimeter, such as entrances and exits.
11.7. Immediate assistance. No staff member shall enter a high security cell block without the availability of immediate assistance from another staff member.
11.8. Inmate movement. Jail facility staff shall regulate inmate movement.
11.9. Personal interaction. Written policies and procedures shall facilitate personal contact and interaction between staff and inmates. Supervision of inmates shall be conducted by staff of the same sex whenever procedures require physical contact, examination or monitoring of personal hygiene activities.
11.10. Staffing. The jail facility shall have the staff needed to provide full coverage of designated security posts, full surveillance of inmates, and to perform all ancillary functions.
11.11. Emergency response. Correctional officers shall be located in or immediately adjacent to inmate living areas to permit officers to hear and respond promptly to emergency situations.
11.12. Observation. Written policies and procedures shall require that all high and medium security inmates shall be personally observed by a correctional officer at least every thirty (30) minutes, but on an irregular schedule. A schedule of observation at least every fifteen (15) minutes shall be required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior.
11.13. Daily record. The jail facility administration shall maintain a written daily record of the following:
a. Personnel on duty;
b. Inmate population count;
c. Admissions and release of inmates;
d. Shift activities;
e. Entry and exit of physicians, attorneys and other visitors; and,
f. Unusual occurrences.
11.14. Daily inspections. Designated staff shall visit and inspect every area of the facility daily, including holidays and weekends, and report their findings in writing to designated officials with recommendations for action or with notations of action taken.
11.15. Weekly inspections. The jail facility administrator or his or her designee shall inspect all security facilities and devices at least weekly and initiate corrective action if needed.
11.16. Searches. Written policies and procedures shall provide for searches of facilities and inmates to control contraband and provide for its disposition and to develop recommendations for corrective action. Procedures shall provide that:
a. Manual or instrument inspection of inmate body cavities is conducted only when there is reason to do so and when authorized by the jail facility administrator or his or her designee;
b. Visual inspections are conducted only when there is a reasonable belief that the inmate is carrying contraband or other prohibited material;
c. Strip searches are done without specific authorization only upon entry to the facility and at all other times are based on articulated suspicion; and,
d. All such inspections are conducted in privacy and manual or instrumental inspection of body cavities is done by medically trained personnel or correctional personnel trained by health care personnel.
11.17. Preservation of evidence. The procedures governing searches shall require the preservation of evidence when a new crime is suspected. Searches shall be authorized only by the administrator or his or her designee.
11.18. Search policy published. The jail facility's policy regarding searches for the control of contraband shall be published, made available to both staff and inmates, reviewed at least annually and updated if necessary.
11.19. Control of security equipment. Written policies and procedures shall govern the availability, control and use of firearms, ammunition, chemical agents, "stun guns", and related security devices, and require that sufficient security equipment is available to meet the jail facility's needs.
11.20. Storage of security equipment. The procedures shall provide that security equipment is stored in a secure but readily accessible depository located outside inmate housing and activity areas, and is inventoried at least monthly to determine condition and expiration dates, if any there be.
11.21. Use of weapons. Written policies and procedures shall be established regarding the use of weapons, and shall include federal and state requirements, weapons security, weapons instructions and inspections, use of deadly force, and other appropriate actions to be taken regarding life threatening situations. The policies and procedures shall include the following requirements:
a. Weapons are subject to stringent safety regulations and inspections;
b. The secure weapons locker is located outside the security perimeter of the facility;
c. Only during emergency situations are firearms and weapons, such as nightsticks or gas guns, permitted in areas to which inmates have access. At all other times, such weapons are maintained in areas to which inmates do not have access;
d. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee has reason to believe that a person's life is immediately threatened; and,
e. Employees on duty only use firearms or other security equipment which have been issued through the jail facility and only when directed by or authorized by the jail facility administrator or his or her designee.
11.22. Written record. Each jail facility shall maintain a written record of both routine and emergency distribution of security equipment.
11.23. Written reports. Any employee who discharges a firearm, uses chemical agents or any other weapons, or uses force to control any inmate shall submit a written report to the jail facility administrator or his or her designee no later than the conclusion of his or her tour of duty.
11.24. Injuries. All persons injured in an incident shall receive an immediate medical examination and treatment, if required.
11.25. Incident reports. Written policies and procedures shall require prompt oral and written reporting of all incidents that result in physical harm to, or which threaten the safety of, any person in the facility, or which threaten the security of the facility.
11.26. Keys. Written policies and procedures shall govern the control and use of keys.
11.27. Tools. Written policies and procedures shall govern the control and use of tools, culinary and medical equipment.
11.28. Correctional/Security posts. There shall be written orders for every correc­tional/security post which are reviewed annually and updated if necessary.
11.29. Post orders. Procedures shall require that personnel read, sign and date the appropriate post orders each time they assume a new post.
11.30. Escapes. Procedures regarding escapes shall be available to all personnel, and shall be reviewed at least annually and updated if necessary.
11.31. Riots and other disturbances. There shall be plans that specify procedures to be followed in situations including, but not limited to, riots, hunger strikes, disturbances and the taking of a hostage. These plans shall be made available to applicable personnel, and reviewed and updated at least annually.
11.32. Mass arrests. There shall be procedures to be followed in the event of a mass arrest which results in the admission of inmates in excess of the maximum capacity of the jail facility.
11.33. Work stoppage. There shall be a written plan that provides for continuing jail facility operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, who are required to familiarize themselves with it.
11.34. Physical force. Written policies and procedures shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property and prevention of escapes, and only when it is necessary to control inmates and in accordance with appropriate statutory authority. In no event is physical force justifiable as punishment. Any employee who uses physical force shall prepare a written report of the incident and submit it to the jail facility administrator.
11.35. Mechanical restraints. Instruments of restraint shall be used only as a precaution against escape, during transfer or transport, for medical reasons by direction of the medical officer, and as a preventive measure against inmate self-injury, injury to others or property damage when there is approval from the facility administrator or his or her de­signee. They shall be applied for only the length of time necessary to regain control of the inmate.
11.36. Inmate authority. No inmate or group of inmates shall be given control or authority over other inmates.
11.37. Shift reports. Correctional staff members shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
11.38. Weekly inspection. The jail facility administrator or his or her designee, the chief correctional officer, and other department heads shall inspect the facility's living and activity areas at least weekly.
11.39. Transportation of inmates. When transportation is the responsibility of facility staff, written policies and procedures shall govern the transportation of inmates outside the facility.
11.40. Facility vehicles. Written policies and procedures shall govern the use and security of facility vehicles.
11.41. Personal vehicles. Written policies and procedures shall govern the use of personal vehicles for official purposes, including provision for insurance coverage.

W. Va. Code R. § 95-1-11