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
5/27/2020

6VAC15-40-120. Classification.

A. Written policy, procedure, and practice shall ensure the following:

1. Classification of inmates as to level of housing assignment and participation in correctional programs;

2. Separate living quarters for males, females, and juveniles;

3. Inmates are not segregated by race, color, creed or national origin;

4. Security permitting, equal access to all programs and activities, through separate scheduling, or other utilization of combined programs under supervision; and

5. Any exception to the above is documented.

B. If the facility is using objective classification, then the provisions of this subsection shall be followed:

1. Classification is conducted upon intake and prior to final housing assignment;

2. Classification determines the custody level and housing assignment;

3. Classification is conducted through inmate interviews and the use of data collection instruments or forms, which are maintained on file;

4. Classification instruments enable objective evaluation and/or scoring of:

a. Current offenses.

b. Prior convictions.

c. History of assaultive behavior.

d. Escape history.

e. Prior institutional adjustment.

f. Court status and pending charges.

g. Mental health or medical treatment history or needs.

h. Identified stability factors;

5. The classification system includes administrative review of decisions and periodic reclassification and override procedures that are documented and maintained on file;

6. The classification system addresses both the potential security risks posed and treatment needs of the inmate;

7. Separate living quarters for males, females, and juveniles; and

8. Inmates are not segregated by race, color, creed, or national origin.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 3.5, 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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