Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice and Corrections
Agency 15. Department of Corrections
Chapter 40. Minimum Standards for Jails and Lockups
2/25/2020

6VAC15-40-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative segregation" means a form of separation from the general population 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 to the security or orderly running of the facility. Inmates pending investigation for trial on a criminal act or pending transfer can also be included.

"Annual" means an action performed each calendar year.

"Appeal" means the procedure for review of an action by a higher authority.

"Audit" means the determination of facility compliance with standards through an examination of records and operations by a team of qualified professionals.

"Automated External Defibrillator" or "AED" means a device that automatically analyzes the heart rhythm and permits a shock to be delivered to restore a normal heart rhythm if a problem is detected.

"Board" means the Board of Corrections.

"Certification" means an official approval by the Board of Corrections that allows a facility to operate.

"Chief executive officer" means the elected or appointed individual who by law or position, has the overall responsibility for the facility's administration and operation.

"Civilian personnel" means nonsworn facility employees who have been provided with on-the-job training in facility security procedures and emergency plans and communications, and are assigned to posts that do not require direct inmate contact and supervision.

"Classification" means the process for determining inmate housing, custody and program assignments.

"Communication system" means a mechanical audio transmission such as telephone, intercom, walkie talkie or T.V. monitor.

"Compliance and Accreditation Unit" means the unit within the Department of Corrections responsible for conducting triennial certification audits and yearly unannounced life, health, safety inspections of local and regional jails and lockups.

"Compliance documentation" means the required documentation in conjunction with the requirements of this chapter used to determine compliance during triennial certification audits and yearly unannounced life, health, safety inspections.

"Contraband" means any item found in the possession of an inmate or found within the jail or lockup that is illegal by law or not specifically approved for inmate possession by the facility administrator.

"Correctional status information" means records and data concerning a convicted person's custodial status, including probation, confinement, work release, study release, escape, or termination of custody through expiration of sentence, parole, pardon, or court decision.

"Criminal history record information" means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal charges and any disposition arising there from. The term shall not include juvenile record information, which is controlled by Chapter 11 (§ 16.1-226 et seq.) of Title 16.1 of the Code of Virginia, criminal justice investigative information or correctional status information.

"Culinary items" means utensils used in a kitchen to prepare and serve food, including knives.

"Current" means unexpired.

"Daily log" means a written or electronic record for the recording of daily activities or unusual incidents.

"Detainee" means any person confined but not serving a sentence.

"Director" means the Director of the Department of Corrections.

"Disciplinary detention" means the separation of an inmate from the general population for misconduct and/or violations of regulations.

"Disposition" as referenced in 6VAC15-40-410 and 6VAC15-40-420 means the removal of an inmate from a medical treatment facility or the physician's discharge plan.

"Disposition" as referenced in 6VAC15-40-710 means how an inmate's clothing and personal possessions are inventoried, and where an inmate's clothing and personal possessions are stored until the inmate is released or transferred.

"Disposition" as referenced in 6VAC15-40-910 means the end result of items found during searches of the facility (returned to property, disposed of, etc.).

"Duty post" means a fixed or mobile work location in which the safety and security of the facility and inmates is carried out.

"Educational release" means an approved absence from the facility for the purpose of participating in an educational program.

"Emergency plan" or "emergency plans" means the written procedures for staff responsibility in the event of fire, hazardous material release, loss of utilities, natural disaster, hostage situations, riots, disturbances, escapes, bomb threats, and mass arrest.

"Erroneous release" means the inadvertent release of an inmate or detainee from the physical plant of the facility.

"Facility" means the actual physical setting in which a program or agency functions.

"Fire prevention practices" means maintaining smoke detection equipment, servicing fire extinguishers, keeping living areas free of clutter, and storing combustible materials in the proper manner.

"Fire safety inspection" means an inspection conducted by the State Fire Marshal's Office or local approved fire marshal.

"Formal count" means a personal observation and counting of each inmate.

"Furlough" means an approved leave of absence from the facility granted to an inmate.

"Good time" means earned credits that will reduce an inmate's time served.

"Grievance procedure" means the method by which inmates may formally address complaints to the facility administration.

"Health care personnel" means individuals whose primary duties are to provide health services to inmates.

"Impartial officer or committee" means individual(s) who are not directly involved in the particular incident or situation being reviewed.

"Indigent inmate" means an inmate having less than the equivalent of the cost of five first class stamps in his account for 15 days.

"Inmate" means any person classified and confined inside the secure perimeter of the facility.

"Inmate handbook" means a manual, pamphlet or handout that contains information describing facility rules, inmate activities, and conduct.

"Inmate records" means written or electronic information concerning an inmate's personal, criminal and medical history, behavior, and activities while in custody.

"Inmate worker" means an inmate classified and assigned to perform various duties and tasks inside and outside the facility under supervision of staff.

"Juvenile" means a person less than 18 years of age who is not adjudicated as an adult.

"Legal mail" means mail addressed to or received from an attorney or court.

"Lockup" means a temporary detention facility where detainees are held for not more than 12 hours.

"Material Safety Data Sheet" or "MSDS" means a document containing information on potential health effects from exposure to chemicals or other potentially dangerous substances, and on safe procedures when handling chemical products.

"Medical authority" means physician or nurse.

"Medical co-payment" means the amount (dictated by facility policy; to be a portion of the costs) an inmate pays for medical services.

"Medical screening" means an observation and interview process within the booking procedure designed to obtain pertinent information regarding an individual's medical or mental health condition.

"Model Plan for Jail Prisoner Medical Treatment Programs" means the model plan for medical treatment fees developed by the Board of Corrections to serve as a guide for the establishment of a medical treatment program per § 53.1-133.01 of the Code of Virginia.

"Orientation" means information for newly admitted inmates pertaining to facility rules and regulations, access to medical services, medical services fees and payment procedures, and programs available.

"Pharmaceuticals" means prescription and nonprescription drugs.

"Policy" means a definitive statement of position on an issue concerning the organization's effective operation.

"Policy and procedures manual" means a written or electronic record containing all policies and procedures needed for the operation of the facility in accordance with the law and the minimum standards for local jails and lockups.

"Post order" means a list of specific job functions and responsibilities required of each duty post or position.

"Procedure" means a detailed, step-by-step description of the activities necessary to fulfill the policy. A procedure describes how, when, where, and by whom the organization will implement and fulfill the policy.

"Program" means the plan or system through which a correctional agency works to meet its goals; often the program requires a distinct physical setting.

"Protective custody" means a form of separation from the general population for inmates requesting or requiring protection from other inmates.

"Quarterly" means an action that occurs once every three months within a calendar year.

"Recognized certifying agency" means an agency, such as the American Red Cross, the American Heart Association, or a local hospital or fire department, that is approved and recognized as being qualified to instruct first aid and CPR courses.

"Recreational activities" means any out-of-cell activity ranging from scheduled outside or inside recreation to informal tabletop games.

"Regional jail" (as defined in § 53.1-82 of the Code of Virginia) means three or more counties or cities, or any combination thereof, that are authorized to contract for services for the detention and confinement of categories of offenders in single or regional jail facilities operated by the contracting jurisdictions. In addition (i) any three or more counties, cities, or towns, or any combination thereof, operating a jail facility pursuant to an agreement for cooperative jailing established on or before January 31, 1993; (ii) any existing regional jail facility established by only two cities, counties, or towns on or before June 30, 1982; and (iii) any regional jail facility established by only two contiguous counties whose boundaries are not contiguous by land with the boundaries of any other county in the Commonwealth, may participate under the provisions of this section. The board shall promulgate regulations specifying the categories of offenders that may be served pursuant to the contracts provided for herein.

"Rehabilitation release" means an approved absence from the facility for the purposes of participating in a rehabilitation program.

"Security staff" means those officers who have completed on-the-job training and whose primary responsibilities are the safety and security of the facility and inmates.

"Sharps" means any medical or dental instrument (lancet, needle, syringe, scalpel, etc.) stored and used within the facility.

"State offender" means an individual sentenced to a term of incarceration in accordance with § 53.1-20 of the Code of Virginia. For the purpose of 6VAC15-40-230 and 6VAC15-40-240 relative to work release, educational release or rehabilitation release, a state offender shall be defined in terms of the intake schedule pursuant to § 53.1-20 of the Code of Virginia.

"Trained" means completion of on-the-job training including, at a minimum, the following topics: key control, count procedures, emergency plans, first aid and CPR, universal precautions, suicide prevention, use of force, emergency communication, and security operations. A supervisor or field training officer current in Basic Jail Training shall verify in writing the individual has received on-the-job training and is competent in said training. The scope and breadth of the training shall be at the discretion of the sheriff or facility administrator.

"Twelve months" means no later then the last day of the same month each year.

"Universal precautions" means a set of procedural directives and guidelines detailing placing barriers between staff and all blood and bodily fluids. These directives include provisions for protective barrier devices, standardized labeling of biohazards, mandatory training of employees in universal precautions, management of exposure incidents, and the availability of immunization for employees against Hepatitis B.

"Virginia Department of Health inspection" or "VDH inspection" means the required 12-month inspection conducted by the VDH.

"Volunteer" means an individual who provides services to the facility without compensation.

"Work release" means full-time employment or participation in suitable vocational training programs.

Statutory Authority

§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.

Historical Notes

Derived from VR230-30-001 § 1.1, eff. April 1, 1987; amended, Volume 04, Issue 09, eff. April 1, 1988; Volume 07, Issue 12, eff. May 1, 1991; Volume 09, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 04, eff. November 22, 2012.

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