W. Va. Code R. § 95-2-28

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-2-28 - Glossary
28.1. Administrative Segregation. A form of separation from the general population administered by the Classification Committee or other authorized group, when the continued presence of the inmate in the general population would pose a serious threat to life, property, self, staff or other inmates, or the security or orderly running of the correctional facility. Inmates pending investigation for trial on a criminal act or pending transfer can also be included. (See Protective Custody and Segregation.)
28.2. Adult Correctional Facility. A confinement facility, usually under state auspices, which has custodial authority over adults sentenced to confinement for more than a year.
28.3. Classification. A process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.
28.4. Contraband. Any item possessed by inmates of the facility which are prohibited by program policies and regulations.
28.5. Counseling. Planned use of interpersonal relationships to promote social adjustment. Counseling programs provide opportunities to express feelings verbally with the goal of resolving problems of individual residents. There are at least three types of counseling that may be provided: individual in a one-to-one relationship; small group counseling; and large group counseling in a living unit (i.e., "therapeutic community").
28.6. Disciplinary Detention. A form of separation from the general population in which inmates committing serious violations of conduct regulations are confined by the disciplinary committee or other authorized group for short periods of time to individual cells separated from the general population. Placement in detention may only occur after a finding of rule violation at an impartial hearing and when there is no adequate alternative disposition to regulate the inmate's behavior. (See Protective Custody and Segregation.)
28.7. Educational Release. The designated time when inmates leave the program or correctional facility to attend school in the community, returning to custody after school hours.
28.8. Fiscal Position Control. Process by which control is maintained to ensure that persons on the payroll are legally employed, that positions are authorized in the budget and that funds are available.
28.9. Health Authority. The physician, health administrator or agency responsible for the provision of health care services at a correctional facility; the responsible physician may be the health authority.
28.10. Health Care. The sum of all action taken, preventive and therapeutic, to provide for the physical and mental well-being of a population. Health care includes medical and dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions.
28.11. Health Care Personnel. Individuals whose primary duties are to provide health services to inmates in keeping with their respective levels of health care training or experience. (See Qualified Health Personnel.)
28.12. Health-Trained Personnel (Medically Trained Personnel). Correctional officers or other correctional personnel such as social workers, who may be trained and appropriately supervised to carry out certain specific duties with regard to the administration of health care.
28.13. Hearing. A proceeding in which arguments, witnesses or evidence are heard by a judicial officer and administrative officer or body.
28.14. Holidays. All days legally designated as non-workdays by statute or by the chief governing authority of a jurisdiction.
28.15. Indigent. A person with limited funds and/or no source of income.
28.16. Informed Consent. The agreement by the patient to a treatment, examination or procedure after the patient receives the material facts regarding the nature, consequences, risks, and alternatives concerning the proposed treatment, examination and procedure.
28.17. Life Safety Code. A manual published by the National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest; two chapters are devoted to correction facilities.
28.18. Management Information System. The concepts, personnel and supporting technology for the collection, organization and delivery of information for administrative use. There are two such types of information:
28.18.1. Standards information, consisting of the data required for operational control, such as the daily count, positive and negative release rates, escape or runaway rates, referral sources, and payroll data in a personnel office; and,
28.18.2. Demand information, which can be generated when a report is required, such as a number of residents in educational and training programs, and duration of incarceration.
28.19. Medical Restraints. Either chemical restraints, such as sedatives, or physical restraints, such as straight jackets, applied only for medical or psychiatric purposes.
28.20. Mentally Retarded. The individual functions at a subaverage general intellectual level and is deficient in adaptive behavior or the degree to which the individual meets the standards of personal independence and social responsibility expected of individuals of this age and cultural group.
28.21. Parent Agency. The Administrative Department or division to whom the facility administrator reports; it is the policy-setting body. This can be a correctional agency, part of a cabinet agency, or the Governor's Office.
28.22. Permanent Status. A personnel status which provides due process protection prior to dismissal.
28.23. Policy. A course or line of action adopted and pursued by an agency which guides and determines present and future decisions and actions. Policies indicate the general course or direction of an organization, within which the activities of the personnel and units must operate. They are statements of guiding principles which should be followed in directing activities toward the attainment of objectives. Their attainment may lead to compliance with standards as well as compliance with the overall goals of the agency/system.
28.24. Population Center. A geographical area containing at least 10,000 people and public safety services, professional services, employment and educational opportunities, and cultural/re­creational opportunities.
28.25. Procedure. The detailed and sequential actions that must be executed to ensure that a policy is fully implemented. It is the method of performing an operation, or a manner of proceeding on a course of action. It differs from a policy in that it directs action in a particular situation to perform a specific task within the guidelines of policy.
28.26. Program. The plan or system through which a correctional agency works to meet its goals; often this program requires a distinct physical setting, such as a correctional facility.
28.27. Protective Custody. A form of separation from the general population for inmates requesting or requiring protection from other inmates for reasons of health or safety. The inmate's status is reviewed periodically by the classification committee or other designated groups. (See Administrative Segregation and Disciplinary Detention.)
28.28. Qualified Health Personnel. Physicians, dentists, and other professionals and technical workers who by state law engage in activities that support, complement or supplement the functions of physicians and/or dentists and who are licensed, registered, or certified, as appropriate to their qualifications, to practice.
28.29. Rated Bed Capacity. Rated bed capacity is the number of inmates who may be properly housed and cared for in the facility as determined by a survey which excludes areas not adapted to housing, such as basements, attics, corridors and day rooms; housing facilities which, because of obsolescence or other reason, constitute a major fire or health hazard; facilities not available for regular inmate occupancy, such as hospital, isolation, and reception units; and temporary housing, such as, a temporary dormitory. In determining correctional facility bed capacities, the adequacy of the total facilities of the correctional facility including the number of beds as well as the adequacy of the total facilities of the correctional facility or program activities, such as dining, toilet, recreation, education, and religion are to be taken into consideration.
28.30. Responsible Physician. The physician at a correctional facility with final responsibility for the medical judgments and other decisions related to medical judgments; this physician may also be the health authority for the correctional facility.
28.31. Safety Vestibule. A secure area located at the entry or exit that divides the inmate areas from the remainder of the correctional facility. A safety vestibule has two doors or gates, only one of which opens at a time, to permit entry to or exit from inmate areas in a safe and controlled manner.
28.32. Sally Port. An enclosure situated in the perimeter wall or fence of the correctional facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit ensures there will be no breach in the perimeter or interior of the correctional facility . The sally port may be small enough to accommodate only pedestrian traffic, or large enough to handle large delivery trucks.
28.33. Security. The degree of restriction of inmate movement within a correctional facility, usually divided into maximum, medium and minimum risk level.
28.34. Segregation. The confinement of an inmate to an individual cell that is separated form the general population. There are three forms of segregation: administrative segregation, disciplinary detention and protective custody.
28.35. Self-Insurer. Any parent agency or governmental jurisdiction which acts as the insurer. For public agencies, the self-insurance program is usually authorized by the Legislature. A "memorandum of insurance" or similar documents is required which acts as a policy, setting the limits of liability for various categories of risk, including deductible limits. Approval of the policy by a cabinet level official is also required.
28.36. Serious Incident. A situation in which injury serious enough to warrant medical attention occurs involving an inmate, employee, or visitor on the grounds of the correctional facility. Also a situation containing an imminent threat to the security of the correctional facility and/or to the safety of inmates, employees or visitors on the grounds of the correctional facility.
28.37. Severe Mental Disturbance. The individual is a danger to himself or herself, or others, or is incapable of attending to basic physiological needs.
28.38. Special Management Inmates. Inmates whose behavior presents a serious threat to the safety and security of the facility, the inmate, the staff or the general inmate population. Special handling and/or housing is required to regulate their behavior.
28.39. Special Needs Inmates. Inmates whose mental and/or physical condition require special handling and treatment by staff. Special needs inmates include, but are not limited to, the drug addict, drug abuser, alcoholic, alcohol abus­er, emotionally disturbed, mentally retarded, suspected mentally ill, physically handicapped, chronically ill, and those who are disabled or infirm.
28.40. Temporary Release. A period of time during which an inmate is allowed to leave the program or correctional facility and go into the community unsupervised for various purposes consistent with the public interest.
28.41. Training. An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy or training center, at a correctional facility of higher learning, through contract service, at professional meetings, or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements.
28.42. Treatment Plan. A series of written statements which specify the particular course of therapy and the roles of medical and non-medical personnel in carrying out the current course of therapy. It is individualized and based on assessment of the individual patient's needs and includes a statement of the short-term and long-term goals, and the methods by which the goals will be pursued. When clinically indicated, the treatment plan provides inmates with access to a range of supportive and rehabilitative services, e.g., individual or group counseling, and/or self-help groups that the physician considers appropriate.
28.43. Volunteers. Persons from the community who participate in the facility operations. They are selected on the basis of their skills or personal qualities to provide programs and services for the inmate population in recreation, counseling, education and religious activities. Their services are provided without cost to the facility.
28.44. Chief Executive Officer. The person in charge of the correctional facility; the top executive or administrative officer.
28.45. Work Release. A formal arrangement, sanctioned by law, whereby an inmate is permitted to leave confinement to maintain approved and regular employment in the community, returning to custody during non-working hours.

W. Va. Code R. § 95-2-28