W. Va. Code R. § 95-2-11

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-2-11 - Special Management Inmates
11.1. Segregation Units. Procedures shall provide for the operation of segregation units for the supervision of inmates under administrative segregation, protective custody, and disciplinary segregation.
11.2. Immediate Detention. The Chief Executive Officer or shift supervisor shall have authority to order immediate detention only if a dangerous condition exists that seriously threatens either the safety of the inmate, the correctional facility or other persons. No inmate temporarily confined may continue in confinement longer than 72 hours without a disciplinary hearing.
11.3. Disciplinary Segregation. Inmates shall be placed in disciplinary segregation for a rule violation only after a hearing, a finding of guilty, and disposition by the designated disciplinary authority.
11.4. Administrative Segregation. Placement in administrative segregation shall be preceded by the inmate receiving notice of the intended placement, appearance at a hearing, and an opportunity to present his or her case to the hearing officer(s).
11.5. Review of Status. Procedures shall provide for a review of the status of inmates in administrative segregation and protective custody by the classification committee or other authorized staff group every 30 days.
11.6. Release from segregation. An inmate shall be released from administrative segregation by action of the appropriate authority with jurisdiction over the inmate's placement in this status.
11.7. Protective Custody. Inmate admission to the segregation unit for purpose of protective custody shall be made only when there is documentation that protective custody is warranted and no reasonable alternatives are available.
11.8. Environment. All inmates in segregation shall be provided prescribed medication, clothing that is not degrading, and access to basic personal items for use in their cells, unless there is imminent danger that an inmate or any other inmate(s) will destroy an item or induce self-injury.
11.9. Deprivation of Item of Activity. Whenever an inmate in segregation is deprived of any unusually authorized item or activity, a written report of the action shall be made for the master file and forwarded to the chief security officer.
11.10. Meals. Procedures shall require that inmates in segregation receive meals of equal quality and quantity as those served to the general population.
11.11. Personal Hygiene. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, including the opportunity to shave and shower daily, unless procedures present an undue security hazard. Inmates shall be provided a toothbrush, toothpaste, soap, towels, shaving materials, shampoo and a comb.
11.12. Clothing and Linen. Procedure shall provide for the issuance and exchange of clothing, bedding and linen and for laundry, barbering and hair care services for inmates in segregation on the same basis as inmates in the general population; exceptions shall be permitted only where found necessary by the senior officer on duty, and shall be recorded in the unit log and justified in writing.
11.13. Mail. Inmates in segregation shall be provided the same opportunities for the writing and receipt of letters as those available to the general inmate population. Letters shall be delivered promptly. If any item consistent with policies and procedures is rejected, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.
11.14. Visitation. Inmates in segregation shall be provided opportunities for visitation, consistent with classification and other correctional facility visitation policies. An adequate visitation area with tables and chairs shall be provided, where appropriate.
11.15. Telephone. Inmates in administrative segregation, disciplinary segregation and protective custody shall be allowed telephone privileges.
11.16. Legal Materials. Inmates in segregation shall have access to legal materials at least three times per week.
11.17. Reading Materials. Inmates in segregation shall have access to books, magazines and writing materials.
11.18. Exercise. Inmates in segregation shall receive a minimum of one hour per day, seven days per week, of outdoor exercise. A written record shall be kept of each inmate's participation in the exercise program.
11.19. Programs and Services. Inmates in administrative and protective custody shall have access to programs and services that include, but are not limited to the following: educational services, commissary services, library services, social services, counseling services, religious guidance, and recreational programs. Inmates in the administrative segregation unit shall be allowed to participate in facility programs to the same extent as the general inmate population. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.
11.20. Permanent Log. Admissions of all inmates to segregation units shall be recorded with information on the inmate's name, number, housing location, admission date, type of infraction or reason for admission, tentative release date, and special medical or psychiatric problems or needs. The log also shall be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.
11.21. Staff Visits. Inmates in segregation shall receive daily visits from the chief security officer or shift supervisor, members of the program staff upon request, or a qualified health care official, unless medical attention is needed more frequently.

W. Va. Code R. § 95-2-11