W. Va. Code R. § 95-2-19

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-2-19 - Classification
19.1. Written Plan. There shall be a written plan for inmate classification which specifies the objectives of the classification system, details the methods for achieving the objectives, and provides a monitoring and evaluation mechanism to determine whether the objectives are being met. Classification policies shall include, at a minimum:
19.1.1. Detailed procedures for initial inmate classification and reclassification;
19.1.2. Instructions regarding the makeup of the unit, team or full classification committees; as well as the duties and responsibilities of each;
19.1.3. Definition of the various committees; responsibilities for custody, employment and vocational/program assignments;
19.1.4. Instructions as to what phases of an inmate program may be changed by the various committee levels;
19.1.5. Specific procedures relating to inmate transfer from one program to another and from one correctional facility to another; and,
19.1.6. Content of the classification interview.
19.2. Degree of Custody. The system for classifying inmates shall specify the level of custodial control required. All inmates shall be assigned the least restrictive custodial level necessary.
19.3. Program Status Review. The written plan for inmate classification shall specify that the program status review of each inmate shall occur at least twice every twelve months.
19.4. Program Changes. The written plan for inmate classification shall specify criteria and procedures for determining and changing the program status of an inmate. Because program status reviews can involve an increase in the level of custody, transfer to another correctional facility, or other program changes thataeffect inmates adversely, the review process shall include an appeal process which may be invoked and must be responded to prior to carrying out the program change.
19.5. Classification Hearings. Procedures shall require that unless precluded for security or other substantial reasons, all inmates shall appear at their classification hearing and be given notice twenty-four hours prior to their hearings; the notice may be waived by the inmate, in writing.
19.6. Individual Rehabilitation Plan. Each inmate shall have developed, with his or her consultation, an individual rehabilitation plan within sixty days of initial custody. The plan shall include an assessment of the needs and long-term goals of the inmate, and a means for providing educational and/or vocational programming, apprenticeship programs, work release programs, and other rehabilitative programs as are appropriate for the individual.
19.7. Special Needs Inmates. Procedures shall provide for identification of special needs inmates which include, but are not limited to, drug addicts, drug abusers, alcoholics, alcohol abusers, or inmates who are emotionally disturbed, mentally retarded, suspected mentally ill, or who pose high risk or require protective custody. Procedures shall exist to identify the number, type and frequency of commitment of these groups of inmates. When numbers or frequency of commitment warrant, special programs shall be instituted for the appropriate management and effective handling of these inmates.
19.8. Parole Hearing. The written plan for inmate classification shall specify that, prior to a parole hearing, pre-parole material shall be made available to the paroling authority including a current and complete history of the inmate's activities in the correctional facility and a proposed parole plan.

W. Va. Code R. § 95-2-19