Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-1-18 - Admission, Orientation, Property Control and Release18.1. New Inmates. Written policies and procedures shall govern the admission and orientation of new inmates. They shall be reviewed annually and updated as necessary. The jail facility shall not accept persons who are being committed solely because of the initiation of procedures for involuntary commitment pursuant to W. Va. Code '27-6A-1 et. seq.18.2. Mentally disabled inmates. Care shall be provided for inmates who are believed to be mentally ill, retarded, or addicted and in need of treatment, training or other services. The jail facility administrator shall be made aware of the illness and shall arrange for a mental health assessment. If the report of the examination confirms the condition and services cannot be provided at the jail facility, the administrator shall immediately take action to initiate the inmate's transfer to an appropriate facility pursuant to W. Va. Code '27-6A-1, et. seq.18.3. Minimum admission requirements. Written policies and procedures for admitting new inmates to a jail facility shall be provided and shall contain at least the following requirements:a. Verification of court commitment papers or other legal documentation of authority to detain the individual;b. A complete search of the individual and his or her clothing and personal possessions;c. Appropriate disposition of the individual's clothing and personal possessions;d. Medical screening including tests for infectious diseases;e. Provisions for telephone calls by inmates;f. Shower and hair care, if necessary;g. Issuance of clean clothing;h. Photographing and fingerprinting;i. An interview to obtain identifying data;j. A screening interview by a counselor or other trained interviewer;k. An orientation to the jail facility;l. Issuance of personal hygiene items;m. Classification of custody level for assignment to a housing area; and,n. Assignment to a housing unit.18.4. Housing of alcoholics. The jail facility administration shall refrain from housing or retaining in the jail facility any persons who are known to be or should be known to be chronic alcoholics when the person has been charged solely with the offense of public intoxication; the person shall be afforded all reasonable and necessary medical and health care services immediately; at all times the proper procedures for treatment of such persons shall be followed in the manner set forth by the West Virginia Supreme Court of Appeals in State ex rel. Harper v. Zeeger, No. 14950 (filed May 18, 1982) and in its Addendum (filed July 15, 1982).18.5. Intoxicated or drugged inmates. There shall be written policies and procedures for the safe handling of intoxicated or drugged inmates committed to the jail facility when such persons are charged with offenses other than or in addition to public intoxication, the policies shall include requirements that:a. All reasonable and necessary medical and health care services are provided immediately in the manner set forth by the Harper decision and its addendum;b. Such persons are segregated from the general inmate population until they can be safely integrated without danger to themselves or others; and,c. When such persons are housed in the jail facility, they shall have access to a bed, a toilet and a wash basin with hot and cold running water.18.6. Location of admission area. Inmates shall be separated from the general population during the admissions process.18.7. Orientation. All newly admitted inmates shall receive verbal and written orientation information in language they understand. Completion of orientation shall be documented by a dated statement signed by the inmate.18.8. Telephone. Newly admitted inmates shall be permitted to complete at least three (3) collect local or long distance telephone calls during the admissions process.18.9. Personal Property. The personal property which inmates may retain in their possession shall be specified. 18.10. Inventory and receipt. A written 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.18.11. Release. Written procedures for releasing inmates shall be developed to include the following: a. Verification of identity;b. Verification of release papers;c. Completion of release arrangements, including the person or agency to whom the inmate is to be released;d. Return of personal effects;e. Verification that no facility property leaves the facility with the inmate; and,f. Completion of any pending action such as a grievance or a claim for damages or lost possessions.