W. Va. Code R. § 95-3-17

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-3-17 - Special Management Inmates
17.1. Operation of Segregation Units. Written policy and procedure shall provide for the operation of segregation units for the supervision of inmates under administrative segregation or protective custody.
17.2. Immediate Segregation. Only the facility administrator or designee can order immediate segregation and only when it is necessary to protect the inmate or others.
17.3. Release from Segregation. An inmate shall be released from segregation by action of the Administrator or appropriate supervisory authority.
17.4. Protective Custody. An inmate is admitted to the segregation unit for purposes of protective custody only when there is documentation that protective custody is warranted and no reasonable alternative are available. When an inmate consents to protective custody, it shall be fully documented with a consent form signed by the inmate.
17.5. Appeal of Protective Custody. When inmates are placed in protective custody an appeal process shall be provided to the administrator or appropriate supervisory authority.
17.6. Isolation. The physician shall approve a plan guiding the use of restraints or isolation. For an inmate to be kept in isolation for more than 24 hours, a physician or mental health professional shall determine upon evaluation that the inmate is a threat to self or other. Transfers to a hospital or state institution may be appropriate. isolation shall be reviewed as soon as possible by the facility supervisor but in no event later than six hours after its initiation. Inmates placed in isolation as a result of being out of control shall be released immediately upon gaining self-control. An appeal process to the administrator or appropriate supervisory authority shall be provided.
17.7. Isolation Observation. A monitoring procedure shall be used to observe inmates in isolation. Such procedures shall include regular observations and at least an hourly recording. Recording shall include information on name, date and hour admitted, type of infraction or reason for isolation, release time and any physical or mental problems or needs. All visits by health personnel shall also be recorded.
17.8. Permanent Log In Segregation Units. Staff members in the segregation units shall maintain a permanent log. Admissions of all inmates to these units shall be recorded with information on name, number, housing location, date admitted, reason for admission, tentative release date, and special medical or psychiatric problems or needs. The log should be used to record all visits by officials who inspect the units or counsel inmates, all unusual inmate behavior, and all releases.
17.9. Potential Suicide Watch. Inmates who are classified as potential suicide risks shall be continually monitored including verbal exchanges. Recording of this monitoring shall be made and placed in the inmate's health record. High risk persons shall be placed on continuous suicide watch.
17.10. Deprivation of Authorized Item or Activity. Whenever an inmate in segregation is deprived of any usually authorized item or activity, a written report of the action shall be made and forwarded to the facility administrator. The report shall identify the inmate, the item or activity he/she has been deprived of, the reasons for the action. The report shall be forwarded to the chief security officer as soon as possible. If circumstances warrant the removal of all inmate's personal items, approval for this section shall be obtained in advance from the facility administrator or designee. No item or activity shall be withheld longer than is necessary to ensure the inmate's safety and the well-being of the staff and other inmates. In no case, shall an inmate be deprived of an item or activity for the purpose of punishment.
17.11. Meals. Inmates in segregation shall receive the same meals as those served to the general population. Deprivation of food shall never be used as punishment.
17.12. Shower. Inmates in segregation shall have the opportunity to shave and shower daily. Inmates in segregation shall have the opportunity to maintain an acceptable level of personal hygiene, unless procedures present an undue security hazard.
17.13. Clothing, Bedding and Linen. The issue and exchange of clothing, bedding and linen shall be provided for inmates in segregation on the same basis as inmates in the general population; exceptions are permitted only where found necessary by the senior officer on duty, and recorded in the unit log and justified in writing. Inmates in segregation shall be afforded the same hygienic living conditions as the general inmate population.
17.14. 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 the policy and procedure is rejected, the inmate shall be advised of the reason for the rejection, and the item shall be returned to the sender.
17.15. Visitation. Inmates in segregation shall be provided opportunities for visitation, unless there are substantial reasons for withholding such privileges. Every effort shall be made to notify approved visitors of any restrictions on visiting. This procedure will avoid disappointment and unnecessary inconvenience for the visitors.
17.16. Telephone. Inmates in administrative segregation and protective custody shall be allowed telephone privileges.
17.17. Reading Materials. Inmates in segregation shall have access to reading materials.
17.18. Exercise. Inmates in segregation shall be allowed the same opportunity for recreation as those in general population absent specific temporary security restrictions designated in writing by the administrator in advance.
17.19. Programs and Services. Inmates in segregation shall be allowed to participate in facility programs to the same extent as the general inmate population, providing their participation is consistent with the safety and security of the facility and the community. They shall also have the same opportunity to receive treatment from professional persons, such as social workers, psychologists, counselors, and psychiatrists.
17.20. Visits from Staff. Inmates in segregation shall receive daily visits from the chief security officer or shift supervisor.

W. Va. Code R. § 95-3-17