W. Va. Code R. § 95-2-10

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-2-10 - Security and Control
10.1. Policies and Procedures Manual. There shall be a manual containing all of the procedures for correctional facility security and control, and detailed instructions for implementing these procedures. This manual shall be available to all staff and is to be reviewed at least annually and updated if necessary. The manual shall contain information on inmate classification, physical plant inspection, inmate counts, weapons and chemical agent control, contraband, key control, tool and equipment control, cell equipment, emergency procedure, and inmate programs and activities.
10.2. Perimeter Security. The correctional facility's perimeter shall be controlled by an appropriate means to provide that inmates remain within the perimeter and to prevent access by the general public without the appropriate authorization.
10.3. Surveillance. There shall be surveillance of all areas adjacent to the perimeter of the correctional facility.
10.4. Entrance Security. Safety vestibules and sally ports shall constitute the only breaches in the correctional facility's perimeter security.
10.5. Traffic Entry. Pedestrian and vehicular traffic shall enter and leave at designated points in the perimeter.
10.6. Control Center. The correctional facility shall maintain a control center to provide order and security. A central control is essential for integrating various security and communications functions. The control center shall be staffed around the clock, and access to it should be limited. The control center staff shall monitor and take responsibility for inmate counts, key control and the coordination of the correctional facility's internal and perimeter security network. The control center shall serve also as the communications center for the correctional facility. The control center shall monitor the operation of various systems: fire alarm, public address, smoke and thermal detection, radio, teletype, computer terminal, surveillance alarms, walk and perimeter lighting, and other mechanical and electrical systems.
10.7. Inmate Movement. All inmate movement from one location to another shall be controlled and supervised by staff in the interest of order, control, and expedience. Individual and group inmate movement to and from work and program assignments shall require staff control and supervision.
10.8. Inmate Counts. There shall be at least one inmate count per shift. The officer responsible for maintaining the master count record shall be provided up-to-the-minute information regarding all inmate housing moves and work assignment changes, admissions to the hospital, etc. Adequate checks shall be instituted to allow for human error. All inmates in legal custody shall be accounted for in the master count. All temporary absences from the correctional facility shall be explained in writing.
10.9. Inmate Transportation. Inmate transportation procedures shall be designed to guard against escape and to ensure the well-being of inmates, staff, and the public. Guidelines for transporting inmates shall emphasize safety and shall be made available to all personnel involved in transporting inmates. The correctional facility shall have policies governing the use of restraints.
10.10. Use of Restraints. Instruments of restraint, such as handcuffs, irons, straight jackets, and the like, shall never be applied as punishment, and are to be applied only with the approval of the Chief Executive Officer or his or her designee.
10.11. Use of Firearms. Procedures governing the use of firearms, shall include the following:
10.11.1. Weapons shall be subjected to stringent safety regulations and inspections;
10.11.2. Except in emergency situations, employees carrying firearms shall be assigned only to watchtowers, gun walks, mobile patrols, or other positions that are inaccessible to inmates;
10.11.3. Employees supervising inmates outside the correctional facility perimeter shall follow procedures which specify methods for ensuring the security of weapons;
10.11.4. Employees shall be instructed to use deadly force only after other actions have been tried and found ineffective, unless the employee believes that a person's life is immediately threatened; and,
10.11.5. Employees on duty shall only use firearms issued by the correctional facility and only when directed by or authorized by the Chief Executive Officer or officer in charge.
10.12. Firearms Loading Area. An area shall be designated for the unloading and reloading of firearms for both correctional facility personnel and visiting law enforcement officers to ensure that this process presents the least possible danger.
10.13. Control of Firearms and Security Devices. Designated staff shall determine, based on an analysis of the physical plant, and number and profile of the inmate population, what firearms, chemical agents, and other security devices (such as shields, batons, helmets, gloves, body protectors, etc.) the correctional facility needs. Written policies and procedures shall specify the level of authority required for access to and use of security devices. Chemical agents shall be used only at the direction of the Chief Executive Officer or his or her designee.
10.14. Storage of Firearms and Security Devices. Firearms, chemical agents and related security equipment shall be stored in a secure but readily accessible depository outside inmate housing and activity areas, and shall be inventoried at least monthly to determine their condition and expiration dates.
10.15. Distribution of Firearms and Security Devices. The correctional facility shall maintain a written record of routine and emergency distributions of security equipment.
10.16. Reporting Use of Weapons. Personnel discharging firearms, using chemical agents or any other weapon, or using force to control inmates shall submit written reports to the Chief Executive Officer or his or her designee no later than the conclusion of the tour of duty.
10.17. Search Plans.
10.17.1. Correctional facility search plans and procedures shall include the following:
10.17.1.a. Unannounced and irregularly timed searches of cells, inmates, and inmate work areas;
10.17.1.b. Frequent search and careful supervision of inmate trustees;
10.17.1.c. Inspection of all vehicular traffic and supplies coming into the correctional facility;
10.17.1.d. Use of metal detectors at compound gates and entrances into cell blocks; and,
10.17.1.e. Complete search and inspection of each cell prior to occupancy by a new inmate.
10.17.2. The search plan shall provide for the following:
10.17.2.a. Avoidance of unnecessary force, embarrassment or indignity to the inmate;
10.17.2.b. Use of noninvasive sensors and other techniques instead of body searches whenever feasible;
10.17.2.c. Conduct of searches no more frequently than necessary to control contraband or to recover missing or stolen property;
10.17.2.d. Respect of an inmate's right to any property authorized by correctional facility regulations; and,
10.17.2.e. Use of only those mechanical devices absolutely necessary for security purposes.
10.18. Intrusive Body Cavity Inspections. Manual or instrument inspection of body cavities shall be conducted only when there is reason to do so and when authorized by the Chief Executive Officer or his or her designee. This inspection shall be conducted in private by health care personnel.
10.19. Visual Body Cavity Inspections. Visual inspection of inmate body cavities shall be conducted based on a reasonable belief that the inmate is carrying contraband or other prohibited material. The inspection shall be conducted by trained staff in private.
10.20. Contraband Searches. The policy regarding searches for the control of contraband shall be published, made available to staff and inmates, reviewed at least annually, and updated if necessary.
10.21. Key Control. The key control system shall provide a current accounting of the location and possessor of each key. All keys shall be issued from a central control area, and a log shall be used to record the number of each key given out, the location of the lock, the number of keys to that lock, and the names of all employees possessing the key. Keys shall be stored in a manner that permits easy determination of either the presence or absence of keys. Keys shall be returned to the control center daily. All keys shall be numbered, and the correctional facility shall maintain at least one duplicate key for each lock. Fire and emergency keys shall be color-coded and marked for identification by touch. Inmates shall not possess keys other than those to living quarters or work assignments, when appropriate, and to personal lockers.
10.22. Tool Control. Tools and utensils such as hacksaws, welding equipment, butcher knives and barber shears shall be locked in control panels and issued in accordance with a prescribed system. Provision shall be made for checking tools and utensils in and out, and for the control of their use at all times.
10.23. Security of Vehicles. Responsibility and keys for certain vehicles shall be assigned to specific staff, but the pool of vehicles shall be controlled by one person. Written policies and procedure shall state the conditions under which inmates may drive vehicles.
10.24. Personal Vehicles. The use of personal vehicles for official purposes shall be governed by written policy that specifies the conditions for their use and the limits of the correctional facility's liability.
10.25. Post Orders. Written orders shall specify the duties of each post and the procedures to be followed to carry out the assignment. Copies of the post orders shall be available for all employees.
10.26. Use of Post Orders. Procedures shall provide for personnel to read the appropriate post order each time they assume a new post and to sign and date the post order.
10.27. Supervisory Staff Inspection. Line supervisory staff shall visit and inspect every area of the correctional facility daily, including weekends and holidays. Matters requiring further attention, such as staff and inmate concerns, faulty, unsafe or dirty conditions, etc., shall be reported in writing to the appropriate official for review and further action.
10.28. Maintenance Procedure. There shall be a scheduled maintenance procedure to ensure that all bars, locks, windows, doors, and other security devices are fully operational. Emergency keys shall be checked at least quarterly to make sure that they are in working order. Results of all inspections shall be submitted in writing to the chief executive officer and/or the officer in charge of security.
10.29. Staff Inspections. Procedures shall require that the Chief Executive Officer or his or her designee, the chief custodial officer, the chief medical officer or health staff designee, and/or other department heads inspect the correctional facility's living and activity areas at least weekly.
10.30. Inmate Control. Procedures shall provide that no inmate or group of inmates is given control or authority over other inmates.
10.31. Use of Physical Force. Procedures shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, and prevention of escapes, as a last resort and in accordance with appropriate statutory authority. In no event is physical force justifiable as punishment. A written report shall be prepared following all uses of force and submitted to the administrative staff for review.
10.32. Shift Logs. Correctional Officers shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.
10.33. Medical Treatment. All persons injured in an incident shall receive an immediate medical examination and treatment.
10.34. Escape Procedure. Procedures regarding escapes shall be reviewed at least annually and updated if necessary by the Chief Executive Officer. These procedures shall include the following:
10.34.a. Prompt reporting of the escape to the Chief Executive Officer;
10.34.b. Mobilization of employees;
10.34.c. Implementation of a predetermined search plan;
10.34.d. Notification of law enforcement agencies, community groups, and interested media;
10.34.e. Preparation of escape circulars for distribution and mailing; and,
10.34.f. After capture of the escapee, prompt notification of all who were previously alerted to the escape.
10.35. Emergency Plans. Written plans shall specify procedures to be followed in situations which threaten correctional facility security, including, but not limited to, riots, hunger strikes, disturbances, and taking of hostages. These plans shall be made available to all applicable personnel, and reviewed and updated at least annually.
10.36. Emergency Units. Where there is a special unit of employees to assist in the event of disturbances, those employees shall be selected and evaluated according to written criteria and shall receive special training in methods of negotiation and confrontation. The unit shall be activated only by the Chief Executive Officer or his or her designee.
10.37. Contingency Plans. A written plan shall provide for continuing operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, and they shall be required to familiarize themselves with it.
10.38. Emergency Communications. In emergency situations, when conventional means of communication, such as telephones, are disrupted, the facility shall have available walkie-talkies, and/or a radio base station, receivers, and transmitters, or other independent mechanical means of communication, in order to maintain constant contact with the outside community.

W. Va. Code R. § 95-2-10