W. Va. Code R. § 95-2-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-2-7 - Records
7.1. Record Management. The Division of Corrections shall develop procedures governing case record management which shall include, but not be limited to these areas: establishment; utilization; content; privacy; security; preservation; and, a schedule for retiring or destroying inactive case records. These policies and procedures shall be reviewed annually by the Division of Corrections.
7.2. Inmate Case History. The correctional facility shall maintain a cumulative case history on each inmate. All data in the file shall be verified and maintained in accordance with applicable state and federal rules and regulations regarding security and confidentiality.
7.3. Case Record Content. The contents of case records shall be identified and separated according to an established format.
7.4. Master Index. Staff shall maintain an up-to-date master index identifying all inmates who are on the grounds, temporarily off the grounds, in a satellite unit, or who have escaped. Information on the status and whereabouts of each inmate shall be readily available to administrative and supervisory personnel so that security and control can be maintained, and when appropriate, accurate information provided outside agencies.
7.5. Case Record Access. The correctional facility shall establish procedures to limit access to case records to persons and public agencies that have both a "need to know" and a "right to know" and that can demonstrate that access to the information will serve a criminal justice purpose. Written guidelines shall regulate inmate access to records.
7.6. Consent Form. The administration shall use a consent form which complies with applicable federal or state rules and regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information as required by statute or rule or regulation and a copy of the form shall be maintained in the inmate's case record.
7.7. Transfer of Records. Procedures shall provide that when an inmate is transferred from one correctional facility to another, the inmate's updated case file is simultaneously transferred, or transferred within 72 hours. This procedure shall also include the transfer of medical files.
7.8. Population Movement Sheet. Official daily movement sheets shall detail the number and types of admissions and releases each day and the count at the close of the day.
7.9. Inmate Time. Case files shall provide a continual and accurate record of the inmate's time. Proper notification to all appropriate parties shall accompany any change reflected in the record.

W. Va. Code R. § 95-2-7