Administrative Code

Virginia Administrative Code
Title 6. Criminal Justice and Corrections
Agency 15. Department of Corrections
4/8/2020

Chapter 45. Regulations for Private Management and Operation of Prison Facilities

Part I
General Provisions

6VAC15-45-10. Definitions.

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

"Appropriate heating" means temperatures appropriate to the summer and winter comfort zones.

"Appropriate lighting" means at least 20 foot-candles at desk level and in personal grooming area.

"Automatic smoke detection system" means a hard wired smoke alarm.

"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 TV monitor.

"Contraband" means any unauthorized item determined to be in the possession of an inmate or within a correctional facility and accessible to an inmate which is not acquired through approved channels or in prescribed amounts.

"Contractor" means any entity entering into or proposing to enter into a legal agreement to provide any correctional services to the Department of Corrections with respect to inmates under the custody of the Commonwealth.

"Control center" means a manned secure post which has responsibility for monitoring various security systems within the facility.

"Core programs" means services to fit the inmate's needs. Such services may include life skills, substance abuse programs, counseling services, sex offender counseling, and mental health programs.

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

"Deadly force" means the use of methods or means which are reasonably calculated to cause death or serious bodily injury.

"Department of Corrections" means the Virginia Department of Corrections.

"Facility" means any institution operated by or under the authority of the Department of Corrections.

"Facility perimeter" means the physical barrier separating the facility from the public and may include detection systems, guard towers, and lights.

"Foot-candle" means a unit for measuring the intensity of illumination defined as the amount of light thrown on a surface one foot away from the light source.

"Furnishings in inmate living areas" means items such as furniture, curtains, and trash receptacles.

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

"Hazardous material" means a chemical substance that will cause death, severe illness, or injury if used in an unsafe manner.

"Indigent inmate" means an inmate who has no financial means to purchase personal hygiene items or postage for mailing letters.

"Inmate living area" means cells, rooms, dormitories and day rooms.

"Inmate records" means written information concerning the individual's personal, criminal and medical history, behavior, and activities while in custody.

"Isolation" means a type of special housing assignment which, under the proper administrative process, is utilized for the disciplinary management of inmates.

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

"Noncustodial staff" means individuals employed in non-security positions.

"Nondeadly force" means the use of methods or means which are reasonably calculated to cause neither death nor serious bodily injury.

"Organized system of information storage" means a method for the storage and retrieval of information.

"Permanent log" means a written record of a facility's activities which cannot be altered or destroyed subject to state law.

"Pharmaceuticals" means prescription and non-prescription drugs.

"Post order" means a list of specific job functions and responsibilities for security positions.

"Recreational activities" means any out-of-sleeping area activity ranging from scheduled outside or inside recreation to informal table top games.

"Qualified mental health professional" means a psychiatrist, psychologist, social worker, or nurse who is qualified, by virtue of appropriate training and experience, to render mental health services within their discipline.

"Serious incident" means a significant, unusual occurrence which demands the attention of facility staff. Such occurrence may be, but is not limited to, death/suicide, riot, escape, hostage taking, demonstration, discharge of firearm, sabotage, felonies committed by inmates, assault, sexual assault, self-mutilation, use of force, attempted suicide, and fires resulting in injury or property damage.

"Special housing" means bed assignments which are utilized for the purposes of disciplinary, protective or custodial management and secure confinement of inmates when a general population assignment is inappropriate or inadequate.

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

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 1.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-20. Applicability.

These standards shall apply to any entity entering into or proposing to enter into a contractual agreement to provide correctional services which consist in whole or in part of secure confinement of inmates under the custody of the Commonwealth.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 1.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-30. Legal standard.

Nothing contained in this chapter shall be construed as setting a legal standard for the management or operation of any facility for purposes of litigation by inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 1.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-40. Responsibility.

The contractor shall be responsible for ensuring that the requirements described in these standards are implemented.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 1.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-50. Enforcement.

This chapter shall be enforced through the Board of Corrections regulation, 6VAC15-20-10 et seq., Rules and Regulations Governing the Certification Process.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 1.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part II
Administration

6VAC15-45-60. Contingency plans for termination of contract.

Contingency plans for state operation, or other continued operation, of a contractor-operated facility in the event of a termination of contract shall be outlined in the contract itself.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 2.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-70. Access to facility.

The Department of Corrections and the Board of Corrections shall have 24-hour access to the facility for the purposes of contract monitoring and standards monitoring.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 2.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-80. Mission of facility.

The mission of the facility shall be established in writing. The facility administrator shall develop facility goals and long term objectives that are reviewed annually.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 2.3, Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-90. Facility administrator.

The facility shall be headed by a facility administrator who is responsible for and has the authority to manage and direct all activities of the facility. The facility administrator shall administer the facility in accordance with the law, the contract with the department, and with these regulations.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 2.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-100. Written agreement with other entities.

There shall be a written agreement which defines the roles and functions of other public and private agencies operating programs within the facility, including their relationship to the facility administrator and the rules and regulations of the facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 2.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-110. Organizational chart.

The facility shall have an organizational chart showing the formal, as well as the functional, organizational structure of the facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 2.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-120. Meetings and communication.

Meetings shall be held at least monthly between the facility administrator and all department heads, and between department heads and their key staff members. There shall be a system of two-way communication between all levels of staff and inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 2.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-130. Policies and procedures manual.

The policies and procedures for operating and maintaining the facility shall be maintained in a manual, shall be reviewed at least annually, and shall be available to all employees.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 2.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-140. Relationship with public, media, and other agencies.

Written policy and procedure shall define the facility's relationship with the public, media, and other agencies.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 2.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-150. Submission of reports.

Reports required by the Department of Corrections shall be submitted within time limits set by the contract or other Department of Corrections requirements.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 2.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-160. Reporting criminal activity.

Allegations of criminal activity by inmates or contract staff shall be reported to the Department of Corrections and subject to review and investigation by the Department of Corrections.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 2.11; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part III
Financial Management

6VAC15-45-170. Program functions and costs.

The contractor shall have a budget which links program functions and activities to the cost necessary for their support.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 3.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-180. Fiscal procedures.

Written procedures shall provide for the accounting and reporting of all fiscal related functions/activities and shall be in accordance with generally accepted accounting principles and fiscal management standards. Such written procedures shall include, at a minimum:

1. Appropriate levels of internal control.

2. Bonding.

3. Budgeting.

4. General accounting functions.

5. Procurement of goods and services.

6. Payroll.

7. Grant accounting, if applicable.

8. Inmate funds.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 3.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-190. Inmate funds.

Written procedure shall govern the handling and use of any inmate funds. Inmates may deposit personal funds in interest-bearing accounts, and that interest shall accrue to the inmates. Revenue-producing activities utilizing inmate labor or other inmate-generated revenue shall be reported to the Department of Corrections. Interest earned on funds held for inmates shall be used for the benefit of the inmates in accordance with Code of Virginia and Department of Corrections guidelines.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 3.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-200. Inmate compensation.

Compensation for inmate jobs/labor shall be in accordance with the Department of Corrections inmate pay schedule.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 3.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-210. Financial audit.

An annual independent financial audit shall be performed by a certified public accounting firm or a governmental agency. Such audit shall be at cost to the contractor.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 3.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-220. Financial documents.

The contractor shall prepare and distribute the following documents to the Department of Corrections upon request. (The level of detail shall be established by the Department of Corrections.)

1. Annual budget.

2. Income and expenditure statements.

3. Funding source financial reports.

4. Independent audit report.

5. Profit statements.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 3.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-230. Insurance coverage.

The contractor shall have insurance coverage of an amount and type as stipulated in the contract.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 3.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part IV
Personnel

6VAC15-45-240. Equal opportunity.

The contractor shall prohibit discrimination on the basis of race, sex, color, national origin, religion, age, or political affiliation, or against otherwise qualified persons with disabilities.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 4.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-250. Availability of personnel policies and procedures.

The contractor shall make available to all facility employees a copy of all personnel policies and procedures. The contractor shall make available a copy of all personnel policies and procedures to the Department of Corrections if requested.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 4.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-260. Job descriptions.

The contractor shall maintain written job descriptions and job qualifications for all positions in the facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 4.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-270. Employment and personnel practices.

The contractor shall comply with all legal requirements related to employment and personnel practices.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 4.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-280. Criminal records checks.

Criminal records checks shall be performed on all facility employees prior to hiring, and shall be considered in employment decisions.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 4.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part V
Training

6VAC15-45-290. Training program.

Written policy, procedure, and practice shall ensure that the facility's training programs are overseen by a qualified supervisory employee. All training programs shall meet standards set by the Department of Criminal Justice Services (DCJS), and the qualified supervisory employee shall be a certified DCJS instructor.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-300. Trainer.

The employee who oversees the training programs shall have specialized training. If the facility has full-time training personnel, these personnel shall have completed at least a 40-hour train-the-trainer course approved by DCJS.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-310. Evaluation of training programs.

The facility shall provide for ongoing evaluation of all orientation, in-service, and specialized training programs and shall provide for documentation of such assessments.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-320. Reference services.

Library and other reference services shall be available to complement the training program.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-330. Outside resources.

The training program shall utilize outside resources, such as public and private agencies, private industry, universities, and libraries to the extent that the contractor's own training resources are not self-sufficient.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-340. Space and equipment.

There shall be space and equipment necessary for training and staff development.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-350. Orientation requirements.

Written policy, procedure and practice shall provide that all new full-time employees receive necessary orientation before assuming responsibility for their positions. Orientation shall include at a minimum:

1. An overview of the mission, objectives, policies and procedures of the facility.

2. Working conditions and regulations.

3. Employee rights and responsibilities.

4. An overview of the correctional field.

5. If necessary, preparatory instruction.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-360. Administrative staff.

Written policy, procedure, and practice shall ensure that all administrative and managerial staff receive necessary training according to Department of Corrections procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-370. Correctional officer training.

Written policy, procedure, and practice shall provide that all new corrections officers receive training in accordance with Department of Corrections procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-380. Training for firearms, chemical agents, and deadly force.

Written policy, procedure, and practice shall ensure that all personnel authorized to use firearms, chemical agents, and deadly force receive appropriate training before being assigned to a post involving the possible use of such weapons.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-390. Noncustodial firearm training.

All employees designated by the director to carry a firearm in an emergency situation shall satisfactorily complete noncustodial firearm training before carrying the weapon.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.11; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-400. Training for employees who have regular contact with inmates.

Written policy, procedure, and practice shall ensure that all support employees who have regular or daily contact with inmates receive necessary training in accordance with Department of Corrections requirements.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.12; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-410. Training for correctional officers assigned to an emergency team.

Written policy, procedure, and practice shall ensure that correctional officers assigned to an emergency team have necessary training according to Department of Corrections requirements.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 5.13; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part VI
Records Management

6VAC15-45-420. Records maintenance.

Records shall be maintained in accordance with Library of Virginia guidelines. Microfilm records shall be sent to the Department of Corrections.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 6.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-430. Correctional status information.

The contractor shall collect and maintain correctional status information as required by the Department of Corrections. Any automated systems interface shall be in accordance with Department of Corrections procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 6.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-440. Information storage, retrieval, review, security, and documentation.

The facility shall utilize an organized system of information storage, retrieval, review, security and documentation which shall be in accordance with Department of Corrections procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 6.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-450. Training for information management staff.

Staff having access to management information shall be trained in and responsive to the security and confidentiality requirements of this system.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 6.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-460. Research.

No research shall be conducted at the facility unless the research is reviewed and approved by Department of Corrections.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 6.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-470. Facility records.

Facility operating procedures governing the establishment, utilization, content, privacy, security, retention, and accuracy of the facility criminal record folders, facility health folders, and facility treatment folders shall be in conformance with Department of Corrections procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 6.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-480. Transfer of records.

When an inmate is permanently transferred from one facility to another, the facility criminal records folder and facility health folder shall be simultaneously transferred to the receiving facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 6.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-490. Master index; daily written report.

There shall be at least one master index identifying the housing, bed, program, and work assignments of all inmates. The facility shall maintain a daily written report of inmate population movement as required by Department of Corrections procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 6.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part VII
Physical Plant

Article 1
Program and Service Areas

6VAC15-45-500. General inmate housing areas.

Inmates assigned to general inmate housing areas shall have access to the following (special housing requirements may be altered to ensure inmate staff safety and security):

1. A toilet above floor level which is available for use without staff assistance twenty-four hours a day.

2. A wash basin with potable, hot and cold water.

3. A bed above floor level.

4. Enclosable storage space or locker.

5. Natural lighting.

6. Special use housing requirements may be altered to ensure inmate staff safety and security.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 7.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-510. Exercise and recreation space.

Space outside the cell or room shall be provided for inmate exercises and leisure time activities.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 7.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-520. Visiting space.

Space shall be provided for a visiting room or area for contact visiting and, if required, non-contact visiting. There shall be a designated space to permit screening and searching of both inmates and visitors.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 7.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-530. Accommodations for the disabled.

Disabled inmates shall be housed in a manner that provides for their safety and security. Rooms, cells, or housing units used by the disabled shall be designed for their use and provide for integration with the general population. Appropriate facility programs and activities shall be accessible to disabled inmates confined in the facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 7.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-540. Storage space for bedding, clothing, supplies.

Space shall be provided at the facility to store and issue clothing, bedding, cleaning supplies, inmates' property, and other items required for daily operations.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 7.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-550. Space for administrative use.

Adequate space shall be provided for administrative, security, professional, and clerical staff; this space shall include conference rooms, storage room for records, public lobby, and toilet facilities. Adequate space shall be provided for janitorial closets accessible to the living and activity areas.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 7.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-560. Space for mechanical and electrical equipment.

Separate and adequate space shall be provided for mechanical and electrical equipment.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 7.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 2
Maintenance

6VAC15-45-570. Preventive maintenance program.

Written policy, procedure, and practice shall specify a preventive maintenance program for the physical plant. The program shall include documentation of work performed, provisions for emergency repairs or replacement in life-threatening situations, and provisions for capital repairs.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 7.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-580. Lighting and circulation.

Lighting in inmate room/cells shall be at least 20 foot-candles at desk level in living areas and in personal grooming areas, as documented by qualified personnel. Circulation shall be at least seven cubic feet per minute of outside air or recirculated air containing no less than 25% outside air per minute per occupant. Air circulation/recirculation equipment inspections by qualified personnel shall be documented.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 7.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part VIII
Safety and Emergency Procedures

Article 1
Emergency Plans

6VAC15-45-590. Emergency plans.

There shall be written emergency plans which outline duties of staff, procedures, and evacuation routes. Emergency plans shall include responses in the event of fire, chemical release, power, water, heat loss, natural disaster, taking of hostages, riots and disturbances, escape, bomb threats, civil defense, and adverse job actions. There shall be a posted floor plan showing evacuation routes. The fire plan shall be reviewed annually by the State Fire Marshal.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 8.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-600. Fire drills.

Fire drills shall be performed in accordance with the emergency plan and include evacuation of inmates (except where security would be jeopardized). Fire drills shall be held, documented, and evaluated for effectiveness, at least quarterly.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 8.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-610. Fire department site visits.

There shall be documentation that, through annual site visits, the local fire department is familiar with the available equipment, physical layout, and emergency procedures of the facility. Additional site visits shall be required in case(s) of structural changes or additions to the facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 8.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-620. Emergency equipment.

The facility shall have the equipment necessary to maintain the necessary lights, power, and communications for essential security in an emergency. Testing shall be performed weekly.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 8.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 2
Safety

6VAC15-45-630. State inspections.

The facility shall be inspected at least annually by the Office of the State Fire Marshal. Action plans shall be written and submitted to the Department of Corrections.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 8.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-640. Monthly and weekly inspections.

Written policy, procedure, and practice shall provide for a comprehensive and thorough monthly inspection of the facility by the individual responsible for facility safety for compliance with safety and fire prevention standards. There shall be a weekly fire and safety inspection of the facility. This policy and procedure shall be reviewed every 12 months and updated as needed. The contractor shall ensure that corrective actions shall be taken.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 8.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-650. Fire alarm.

The facility shall have a manual fire alarm or an automatic smoke detection system or an automatic fire suppression system in all industrial, sleeping and living areas, and action plans shall be written and submitted for all areas of deficiencies. Other areas of the facility shall also have fire detection and suppression equipment as required by the State Fire Marshal.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 8.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-660. Fire protection equipment type and testing.

Written policy, procedure, and practice shall specify the facility's fire protection equipment type, use and testing to include:

1. Availability of equipment at appropriate locations throughout the facility.

2. Training on the use of the equipment.

3. Inspection of extinguishers annually.

4. Inspection of range hoods semiannually and cleaned as necessary.

5. Inspection of detection and suppression systems quarterly.

6. Quarterly testing of fire alarms for function. Inspections shall be performed by trained and qualified personnel.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 8.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-670. Safe furnishings.

Furnishings in inmate living areas, including cleanable, nontoxic and flame-retardant mattresses and pillows, shall be selected based on known fire safety performance characteristics. Furnishings which no longer meet fire safety performance specifications shall be repaired or removed from service.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 8.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-680. Risk management.

Written policy, procedure, and practice shall provide for a safety awareness program and self inspection which is to be coordinated, designed, implemented and documented by the individual responsible for facility safety.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 8.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part IX
Security Management

Article 1
Manuals and Procedures

6VAC15-45-690. Security manual.

There shall be a manual containing all procedures for facility security and control, with detailed instructions for implementing these procedures. The manual shall be available to all staff and procedures are reviewed at least annually and updated if necessary.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-700. Written post orders.

There shall be a written post order for each security post and a requirement for officers to read and be familiar with the order each time they assume a new post. The immediate supervisor shall document that the post order has been discussed with the officer. Post orders shall be reviewed annually.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-710. Permanent log and shift reports.

Written policy, procedure, and practice require that correctional staff maintain a permanent log and supervisors prepare shift reports that record routine information, emergency situations, and unusual incidents. A post log is maintained at each permanent post and other areas deemed necessary by the contractor.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-720. Written record of security equipment.

Written policy, procedure, and practice shall provide that the facility maintains a written record of all security equipment issued. The security equipment shall be approved by the Department of Corrections.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 2
Security and Control

6VAC15-45-730. Controlled perimeter.

The facility's perimeter shall be controlled by appropriate means to ensure that inmates remain within the perimeter and to prevent unauthorized access by the general public.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-740. Control center.

Written policy, procedure, and practice shall ensure that the facility maintains a control center which is staffed 24 hours a day.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-750. Communication system.

The facility shall have a communication system between the control center and inmate living areas.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-760. Inmate count.

The facility shall have a system for physically counting inmates. The system shall include strict accountability for inmates assigned to work and educational release, furloughs, and other approved temporary absences.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-770. Inmate movement.

Written policy, procedure, and practice shall provide that staff regulate inmate movement.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-780. Searches.

Written policy, procedure, and practice shall provide for searches of facilities, staff, inmates and visitors to control contraband and provide for disposition of the contraband pursuant to applicable law.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-790. Use of nondeadly force.

Written policy, procedure, and practice shall govern the use of force, firearms, chemical agents, and security equipment. The contractor shall be authorized to use nondeadly force only where it is reasonable to do so. Physical force shall be limited to the amount of force that the officer reasonably believes is necessary in the given situation:

1. Reasonably required to prevent an escape, the commission of a felony, or a misdemeanor;

2. To defend himself or others against physical assault;

3. To prevent serious damage to property;

4. To enforce facility regulations and order;

5. To prevent or quell a riot; and

6. To prevent serious self-injury to the inmate.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.11; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-800. Use of deadly force.

Properly authorized employees may exercise their authority and use deadly force only as a last resort, and then only to prevent an act that could result in death or serious bodily injury to oneself or to another, or to prevent escape from confinement.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.12; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-810. Inspections of security systems.

Written policy, procedure, and practice shall require that at least weekly inspections be conducted of all security systems. The results of inspections shall be reported in writing to the contractor, and documentation of corrective action shall be required.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.13; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-820. Serious incident report.

Written policy, procedure, and practice shall require notification and reporting of serious incidents to the Department of Corrections in accordance with Department of Corrections procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.14; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 3
Keys and Equipment

6VAC15-45-830. Key control.

The distribution, use, and control of keys within the facility shall be in accordance with Department of Corrections procedures. Any departure from these procedures shall be subject to Department of Corrections review and approval.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.15; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-840. Security and equipment control.

The use and storage of all tools, culinary equipment and hazardous materials, including flammable, toxic, caustic materials, weapons, and security equipment shall be in accordance with Department of Corrections procedures. Any departure from these procedures shall be subject to Department of Corrections review and approval.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 9.16; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part X
Special Housing Assignments and the Disciplinary Process

6VAC15-45-850. Placement in special housing assignments.

Written policy, procedure, and practice shall provide that Department of Corrections procedures be utilized for the disciplinary process and for assignments to special housing. The contractor shall facilitate the application of this process, but the Department of Corrections shall make all decisions in these areas.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-860. Number of inmates per cell.

Except in emergencies, the number of inmates confined to each cell or room shall not exceed the number for which it is designed. Should an emergency create an excess in occupancy, the contractor shall immediately proceed to alleviate the situation as promptly as possible by making other arrangements for the inmates so confined. The contractor shall provide written approval for emergency situations where the number of occupants exceeds design capacity.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-870. Cell conditions.

Special housing cells or units shall be well ventilated, adequately lighted, and appropriately heated and maintained in sanitary conditions at all times. A general log shall be kept and the temperature shall be recorded at least once each shift. Inmates shall be housed in an environment in which the temperature does not fall below 65°F, and when the temperature exceeds 85°F, mechanical air circulation shall be provided.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-880. Clothing and bedding.

Inmates in special housing shall dress in appropriate clothing, and shall be furnished underwear, shower shoes, one mattress, one pillow, one pillow case, two sheets, blankets as needed, one towel, and washcloth. For removing items from cells and for using stripped cells, Department of Corrections procedures shall be utilized.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-890. Meals.

Inmates assigned to special housing shall receive the same meals as those in the general population, except in those circumstances noted in Department of Corrections procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-900. Shower and shaving privileges.

Written policy, procedure, and practice shall provide that inmates in special housing assignments will be permitted to shower and shave not less than twice per week. Clothing and underwear shall be changed at shower time.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-910. Mail.

Written policy, procedure, and practice shall provide that inmates in special housing assignments can write and receive letters on the same basis as inmates in the general population, except inmates in isolation may not receive the contents of packages until approved by the contractor.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-920. Legal access.

Written policy, procedure, and practice shall provide that inmates in special housing assignments have access to legal materials and the courts.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-930. Visitation.

Inmates in isolation shall forfeit the privileges of receiving visits from family, relatives, or friends; however, under exceptional circumstances, permission may be obtained from the contractor for such visits. Attorney visits to an inmate in isolation may not be restricted by the contractor, and attorneys shall be allowed access to the inmate during normal work hours.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-940. Personal property.

Written policy, procedure, and practice shall provide that inmates in isolation will be allowed to keep only the following:

1. Legal materials.

2. Religious materials.

3. Personal hygiene items, defined exactly as:

a. Toothbrush;

b. Toothpaste;

c. Soap; and

d. Plastic comb.

If the inmate does not have the items above, and is indigent, the facility shall furnish them. All other items of inmate personal property shall be stored upon assignment to isolation. Inmate personal property shall be inventoried by either an officer and the inmate, or by two correctional officers. The inmate shall be given a receipt for all personal property upon assignment to isolation. Inmates in isolation shall be limited to the purchase of postage stamps.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-950. Inmates in isolation.

Inmates held in isolation for periods exceeding 30 days shall be provided the same privileges as inmates in special housing assignments.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.11; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-960. Visitation for inmates in special housing assignments.

Written policy, procedure, and practice shall provide that the visitation schedule for special housing inmates (other than isolation) shall be established by the contractor.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.12; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-970. Exercise for inmates in special housing assignments.

Written policy, procedure, and practice shall provide that inmates in special housing assignments (other than isolation) be allowed a minimum of one hour of exercise three separate days per week in an out-of-doors supervised area, weather permitting.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.13; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-980. Access to commissary.

Written policy, procedure, and practice shall provide inmates (other than in isolation) access to the commissary. Commissary purchases may be restricted only for security reasons. No items of a hazardous nature shall be allowed.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.14; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-990. Permanent log on each inmate.

A permanent individual log shall be maintained in the special housing unit for each inmate. This log shall contain:

1. Date of admission;

2. Weight of the inmate upon entering and leaving and the name, date and time of the correctional officer making the required hourly check;

3. Medical requests and visits;

4. Medications administered or refused;

5. Meals refused; and

6. Other pertinent information.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.15; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1000. Access to medical, dental, and mental health care.

Written policy, procedure, and practice shall provide for reasonable access to medical, dental, and mental health services while in special housing status.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.16; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1010. Supervision.

In addition to supervision provided by the unit officers, the special housing unit shall be visited daily by the shift supervisor or higher authority. Each inmate in special housing shall be checked no less than once per hour at staggered times by a correctional officer.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 10.17; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XI
Food Service

Article 1
Food Service Management

6VAC15-45-1020. Food service program supervision.

Food service operations shall be supervised by a full-time staff member who is experienced in food service management.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 11.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1030. Dietary allowances.

All meals shall meet or exceed the dietary allowances stated in the Recommended Dietary Allowances, National Academy of Sciences.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 11.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1040. Records.

Written policy, procedure, and practice shall require that accurate records are maintained of all meals served and that meals are planned in advance to assure proper food flavor, temperature, and appearance.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 11.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1050. Special diets.

Written policy, procedure, and practice shall provide for special diets as prescribed by appropriate medical or dental personnel.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 11.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1060. Religious diets.

Written policy, procedure, and practice shall provide for reasonable accommodation for inmates whose religious beliefs require adherence to religious dietary laws.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 11.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1070. Meal supervision.

Written policy, procedure, and practice shall provide that meals are served under conditions that minimize regimentation, except when security or safety conditions dictate otherwise. All meals shall be served under direct supervision of staff members.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 11.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1080. Meal times.

Written policy, procedure, and practice shall require that at least three meals (including two hot meals) are provided at regular meal times during each 24-hour period, with no more than 14 hours between the beginning of the evening meal and the beginning of breakfast. Variations may be allowed based on weekend and holiday food service demands and security needs, provided basic nutritional goals are met.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 11.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 2
Health and Safety

6VAC15-45-1090. Food service safety.

The contractor shall ensure that food service safety is in compliance with the Department of Corrections Food Service Manual. Any departure from this manual shall be subject to Department of Corrections review and approval.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 11.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XII
Sanitation and Hygiene

Article 1
Sanitation

6VAC15-45-1100. Sanitation.

The facility shall comply with the requirements of appropriate regulatory agencies with regard to the potable water supply, control of vermin and pests, emissions and waste disposal systems.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 12.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 2
Housekeeping

6VAC15-45-1110. Housekeeping plan.

A written housekeeping plan for all areas of the facility's physical plant shall provide for daily housekeeping and regular maintenance by assigning specific duties and responsibilities to staff and inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 12.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1120. Inspections.

Written policy, procedure, and practice shall provide weekly internal fire, safety and sanitation inspections of the facility by designated administrative staff members. The contractor shall ensure that appropriate corrective actions are taken.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 12.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1130. Toilet, shower, and bathing facilities.

Toilet, shower, and bathing facilities shall be operational and sufficient to ensure health and hygiene. The opportunity for at least three showers per week shall be made available to general population inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 12.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 3
Clothing and Bedding Supplies

6VAC15-45-1140. Clothing.

Written policy, procedure, and practice shall provide for the issue of clean clothing to inmates. Special clothing shall be provided to inmates assigned to food service, hospital, sanitation, and other special work details. Protective clothing and safety equipment shall be provided when appropriate.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 12.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1150. Bedding and blankets.

Written policy, procedure, and practice shall provide clean bedding, towels, washcloths, and blankets to all inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 12.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1160. Laundering.

Written policy, procedure, and practice shall provide for the weekly laundering of all bedding and clothing.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 12.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 4
Personal Hygiene

6VAC15-45-1170. Hair care.

Written policy, procedure, and practice shall provide that hair care services comply with applicable health laws and regulations and are available to all inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 12.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1180. Personal hygiene items.

Written policy, procedure, and practice shall require that articles necessary for maintaining proper personal hygiene are available to all inmates. Indigent inmates shall be issued necessary personal hygiene articles.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 12.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XIII
Health Care Services

Article 1
General Policies

6VAC15-45-1190. Medical unit operated in accordance with applicable laws.

Written policy, procedure, and practice shall ensure inmates are provided with health care services and that the facility's medical unit is operated in accordance with applicable laws and the Department of Corrections Office of Health Services policies and procedures. Any departure from these policies and procedures shall be subject to Department of Corrections review and approval.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1200. Access to health care.

Written policy, procedure, and practice shall provide access to basic health care, and for a system for processing complaints about health care, and that these policies are communicated orally and in writing to inmates upon arrival at the facility in language which can be clearly understood by inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1210. Continuity of health care.

Written policy, procedure, and practice shall provide for continuity of health care from admission to discharge or transfer.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1220. Health care evaluation.

Written policy, procedure, and practice shall require that, in order to ensure quality assurance, the facility shall have documentation that a health care evaluation by the Department of Corrections Office of Health Services has been performed at least once every other year, and that action plans are written and implemented for all areas of deficiency.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1230. Use of restraints.

Written policy, procedure, and practice shall govern the use of restraints for medical and psychiatric purposes; identifying the authorization needed; and when, where and how restraints may be used and for how long.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 2
Responsible Health Authority

6VAC15-45-1240. Responsibility of medical authority.

Written policy, procedure, and practice shall require that a designated medical authority, who may be a physician or a health administrator, is responsible for the health care of the inmates pursuant to a written agreement or contract or job description.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1250. Physician, dentist, and nurse responsibilities.

Written policy, procedure, and practice shall require that all medical, psychiatric, dental, and nursing matters involving medical judgment are the sole province of the responsible physician, psychiatrist, dentist, and nurse, respectively.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1260. Morbidity and mortality reports.

Written policy, procedure, and practice shall provide that the medical authority submits monthly morbidity and mortality reports and annual summaries to the Department of Corrections.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1270. Reporting of threatening conditions.

Written policy, procedure, and practice shall provide that the medical authority reports immediately to the contractor conditions that pose a serious health threat to staff and inmate health and safety. The contractor shall immediately report such conditions to the Department of Corrections.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1280. Review of health care program.

Written policy, procedure, and practice shall provide that the medical authority review each health care policy, procedure and program at least every 12 months, and revise them as needed. Each review and revision shall bear the date and signature of the reviewer.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 3
Facilities and Equipment

6VAC15-45-1290. Space for health care delivery.

Written policy, procedure, and practice shall ensure that the contractor provide adequate space, equipment, supplies, and materials for the delivery of health care as determined by the medical authority in accordance with the level of care provided by the facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.11; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1300. First aid kits and emergency medical supplies.

Written policy, procedure, and practice shall provide that first aid kits and emergency medical supplies are available in areas determined by the medical authority in conjunction with the contractor.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.12; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1310. Checking and testing of medical equipment.

Written policy, procedure, and practice shall require that medical staff are responsible for checking and testing all medical equipment according to manufacturer's recommendations and that the equipment is safeguarded from inmate access.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.13; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1320. Ambulances.

Written policy, procedure, and practice shall provide that ambulances utilized by the facility are certified by the Department of Emergency Medical Services, operated by certified drivers, and that a certified emergency medical technician accompanies an inmate being transported for medical reasons.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.14; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 4
Personnel

6VAC15-45-1330. Licensure, certification, and registration requirements.

Written policy, procedure, and practice shall require that all medical personnel who provide health care services to inmates meet applicable licensure, certification, and registration requirements and that verification of current credentials are on file in the facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.15; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1340. Job descriptions.

Written policy, procedure, and practice shall require that the duties and responsibilities of medical personnel are governed by written job descriptions approved by the medical authority, kept on file at the facility, and a copy be given to the employee.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.16; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1350. Written protocols.

Written policy, procedure, and practice shall provide that all health care shall be performed pursuant to written protocols by personnel authorized by law to give such orders.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.17; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1360. Nursing practices.

Written policy, procedure, and practice shall provide that nurses, nurse practitioners, and physician's assistants practice within the limits of applicable laws and regulations.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.18; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1370. Distribution of medications.

Written policy, procedure, and practice shall provide that nonmedical personnel involved in the distribution, administration, or both, of non-over-the-counter medications or in providing other medical services are trained according to Department of Corrections, Office of Health Services' procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.19; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1380. First aid and crisis intervention.

Written policy, procedure, and practice shall provide for on-site emergency first aid, CPR and crisis intervention. In addition, direct care and custodial staff shall be trained to recognize signs and symptoms of mental disorder, suicidality, and chemical dependency.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.20; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1390. Inmate jobs.

Written policy, procedure, and practice shall provide that inmates are not used for the following duties:

1. Performing direct patient care services.

2. Scheduling health care appointments.

3. Determining access of other inmates to health care services.

4. Handling or having access to surgical instruments, needles, medications, and medical records.

5. Operating diagnostic and therapeutic instruments.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.21; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1400. Training of health care personnel.

Written policy, procedure, and practice shall provide that health care personnel are provided opportunities for orientation and training.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.22; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 5
Health Screenings and Examinations

6VAC15-45-1410. Transfers.

Written policy, procedure, and practice shall provide that all inmates undergoing transfers undergo a health screening by qualified medical personnel upon arrival at the facility and no later than one working day thereafter if the facility does not have 24-hour medical coverage.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.23; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1420. Communicable diseases.

Written policy, procedure, and practice shall provide for the identification and management of tuberculosis and other communicable diseases and that these policies and procedures are updated as new information becomes available.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.24; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 6
Mental Health Services

6VAC15-45-1430. Provision of mental health services.

Written policy, procedure, and practice shall specify the provision of mental health services for inmates. These services include, but are not limited to, those provided by qualified mental health professionals who meet the educational and licensure/certification criteria specified by their respective professional discipline (i.e. psychiatry, psychology, psychiatric nursing, and social work).

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.25; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1440. Access to mental health services.

Written policy, procedure, and practice shall provide that all inmates have access to mental health services. These services shall include a system for mental health screening and mental health evaluation of inmates, a system of referral to the services of qualified mental health professionals, a system for transfer or commitment of inmates in need of mental health services beyond the facility resources, and a system for continuity of care and follow-up procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.26; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1450. Mental health status information.

Written policy, procedure, and practice shall provide for the initial and ongoing assessment and determination of the mental health status and needs of inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.27; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1460. Special needs inmates.

Written policy, procedure, and practice shall provide for identification of special needs inmates. Special needs inmates shall include, but are not limited to, inmates who are mentally ill, emotionally or behaviorally disturbed, or mentally retarded. Programs shall be instituted for these inmates' appropriate management and treatment.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.28; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1470. Inmates with acute mental health needs.

Inmates who are acutely mentally ill, severely emotionally or behaviorally disturbed, or severely mentally retarded shall be referred for placement in units appropriate for their treatment and management needs.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.29; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1480. Suicide and intervention plan.

There shall be a written suicide prevention and intervention plan that is reviewed and approved by a qualified mental health professional. Staff with responsibility for inmate supervision shall be familiar with the plan.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.30; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1490. Mental health training program.

There shall be a written mental health training program which is provided to employees whose duties require direct contact with special needs inmates. This training program shall be developed and reviewed by qualified mental health professionals.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.31; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 7
Levels of Care

6VAC15-45-1500. Treatment of health problems.

Written policy, procedure, and practice shall provide that treatment of an inmate's health problems are not limited by the resources available within the facility and that hospital care is available for acute illness or surgery at a facility outside the facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.32; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1510. Provision of all levels of health care.

Written policy, procedure, and practice shall provide that the contractor, in conjunction with the medical authority, makes available all levels of health care to include self-care, first aid, 24-hour emergency care, 24-hour infirmary care, hospital care, and chronic and convalescent care, as required by the contract.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.33; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1520. Sick call.

Written policy, procedure, and practice shall require that regularly scheduled sick call is conducted by qualified health care personnel and is available to all inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.34; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1530. Contracted health services.

Written policy, procedure, and practice shall provide for the contractor to contract the services of medical, dental, or mental health specialists.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.35; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1540. Access to health care by nongeneral population inmates.

Written policy, procedure, and practice shall require that inmates in categories of custody other than general population have access to regularly scheduled sick call and emergency medical care. The care shall be provided on-site or in the medical area depending on security and medical considerations.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.36; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1550. Refusal to accept treatment.

Written policy, procedure, and practice shall prohibit inmates from choosing their own health care provider, and require procedures for documentation of refusal to accept treatment.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.37; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 8
Informed Consent and Medical Research

6VAC15-45-1560. Informed consent.

Written policy, procedure, and practice shall provide that written informed consent for inmate health care is obtained where required and documented. When health care is rendered against the patient's will, it shall be in accord with applicable laws and regulations.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.38; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1570. Medical research.

Written policy, procedure, and practice shall prohibit the use of inmates for medical, pharmaceutical, or cosmetic experiments. This policy does not preclude individual treatment of an inmate based on his need for a specific medical procedure that is not generally available.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.39; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 9
Specialized Programs

6VAC15-45-1580. Health education program.

Written policy, procedure, and practice shall provide that a program of health education is available to all inmates of a facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.40; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1590. Special treatment programs.

Written policy, procedure, and practice shall provide for special treatment programs for inmates requiring close medical supervision as determined by the responsible physician, dentist or qualified mental health professional, and as required by the contract.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.41; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1600. Chemically dependent inmates.

Written policy, procedure, and practice shall guide the management of chemically dependent inmates under the supervision of a qualified health care practitioner.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.42; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1610. Medical and dental prostheses.

Written policy, procedure, and practice shall provide that medical and dental prostheses are provided when the health of the inmate would otherwise be affected, as determined by the responsible physician or dentist.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.43; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1620. Pregnant inmates.

Written policy, procedure, and practice shall provide for a system whereby pregnant inmates may obtain obstetrical medical and social services, and as required by the contract.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.44; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1630. Special diets.

Written policy, procedure, and practice shall provide that special diets are prescribed as needed and monitored by the responsible physician or dentist.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.45; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 10
Health Records

6VAC15-45-1640. Transfer of health records.

Written policy, procedure, and practice shall provide that copies of the medical records of all inmates transferred are transferred to the custody of medical personnel at the receiving facility and that the confidentiality of the records shall be preserved during the transfer.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.46; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1650. Complete health record.

Written policy, procedure, and practice shall govern the creation, organization, maintenance, and storage of a complete health record for each inmate, which documents all the health services rendered during the entire period of incarceration, as required by applicable Department of Corrections procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.47; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1660. Confidentiality.

Written policy, procedure, and practice shall uphold the principle of confidentiality of the health record and support the following requirements:

1. The health record shall be maintained separately from the facility record.

2. Access to the health record shall be controlled by the medical authority and is granted only to those who require it under departmental policy.

3. The medical authority shall share with the contractor information regarding security and the inmates' medical management, transfer, and ability to participate in programs.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.48; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1670. Health record for transfers and consultations.

Written policy, procedure, and practice shall provide that the health record accompanies the inmate to all Department of Corrections facilities whether for transfers or for medical consultations and that the confidentiality of the health record is strictly maintained during such transfer.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.49; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1680. Inactive health record files.

Written policy, procedure, and practice shall require that inactive health record files are sent to the Department of Corrections. Records shall be maintained in accordance with Library of Virginia guidelines. Microfilm records shall be sent to the Department of Corrections.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.50; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 11
Pharmacy Services

6VAC15-45-1690. Pharmaceutical services.

Written policy, procedure, and practice shall require that pharmaceutical services at the facility are in strict compliance with state and federal laws and applicable pharmaceutical regulations.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.51; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 12
Serious Illness and Death

6VAC15-45-1700. Notification of inmate death, injury, or illness.

Written policy, procedure, and practice shall specify and govern the process by which those individuals designated by the inmate are notified in case of serious illness, injury, or death.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 13.52; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XIV
Legal and Programmatic Rights of Inmates

Article 1
Access to Courts

6VAC15-45-1710. Access to courts.

Written policy, procedure, and practice shall ensure inmates access to federal and state courts means meeting the current requirements of federal and state court decisions and any other federal or state law.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 14.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 2
Programs and Services

6VAC15-45-1720. Access to programs and services.

Written policy, procedure, and practice shall provide that program access, work assignments, and administrative decisions are made without regard to inmates' race, religion, national origin, sex, handicap, or political views. Written policy, procedure, and practice shall protect inmates from personal abuse, corporal punishment, personal injury, disease, property damage, and harassment. Written policy, procedure, and practice shall allow freedom in personal grooming except when a valid security interest justifies otherwise.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 14.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1730. Access to media.

Written policy, procedure, and practice shall provide for reasonable access between inmates and the media, subject only to the limitations necessary to maintain order and security and protect inmates' privacy. Media requests for interviews and the inmate's consent shall be in writing. Prior to granting media interviews with inmates, the Department of Corrections shall be notified.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 14.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1740. Inmate grievance procedure.

Written policy, procedure, and practice shall provide for an inmate grievance procedure that is available to all inmates and includes at least one level of appeal and specific time limits. This procedure shall be reviewed and approved by the Department of Corrections.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 14.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XV
Inmate Rules and Discipline

6VAC15-45-1750. Inmate disciplinary procedures and penalties.

The contractor shall subscribe to and comply with Department of Corrections inmate disciplinary procedures and penalties and shall have them available to all inmates and employees. The Department of Corrections shall approve the administration of any disciplinary measure. Signed acknowledgment of receipt of the rulebook shall be maintained in the inmate's file.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 15.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XVI
Mail, Telephone, Visiting, and Personal Property

Article 1
Inmate Mail

6VAC15-45-1760. Inmate correspondence.

Written policy and procedure shall govern inmate correspondence; the policies and procedures shall be reviewed annually and updated as necessary.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 16.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1770. Indigent inmates.

Written policy, procedure, and practice shall provide that indigent inmates receive a specified postage allowance of at least one first class letter per week.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 16.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1780. Publications.

Written policy and procedure shall govern inmate access to publications, in accordance with Department of Corrections procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 16.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1790. Reading of inmate mail.

Procedures shall ensure that inmate mail shall not be read except where there is a reasonable belief that there is a threat to facility order and security, and then only in accordance with written policy and procedure.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 16.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1800. Sealed letters.

Inmates shall be permitted to send sealed letters to persons and organizations specified in Department of Corrections procedures.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 16.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1810. Holding of letters and packages.

Written policy, procedure, and practice shall require that, excluding Saturdays, Sundays and holidays, incoming and outgoing letters are held for no more than 24 hours and packages are held for no more than 48 hours.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 16.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1820. Contraband.

Written policy, procedure, and practice shall govern inspection for and disposition of contraband.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 16.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Article 2
Telephone, Visiting, and Personal Property

6VAC15-45-1830. Telephone privileges.

Written policy, procedure, and practice shall provide and govern access to telephone privileges for inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 16.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1840. Visiting privileges.

The contractor shall comply with Department of Corrections procedures regarding visiting privileges for inmates concerning time, screening, frequency, and number of visitors, and making provisions for special visits.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 16.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1850. Personal property.

Written policy, procedure, and practice shall govern access to inmate personal property.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 16.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XVII
Reception and Orientation

Article 1
Admission and Orientation

6VAC15-45-1860. Admission of new inmates and parole violators.

If the facility is to house newly incarcerated inmates, written policies and procedures shall govern the admission of new inmates and parole violators to the system.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 17.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1870. Summary admission report.

If the facility is to function as a reception center for inmates received directly from local jails, policy and procedure shall require the preparation of an admission report for all new inmates. The report shall include the following information:

1. Legal aspects of the case.

2. Summary of criminal history, if any.

3. Social history.

4. Medical, dental, and mental health history.

5. Occupational experience and interests.

6. Educational status and interests.

7. Vocational programming.

8. Recreational preference and needs assessment.

9. Psychological evaluation; staff recommendations.

10. Local jail assessment information.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 17.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1880. Inmate orientation.

Written policy, procedure, and practice shall provide that new inmates receive written orientation materials. When a literacy or language problem exists, a staff member shall assist the inmate in understanding the material. Completion of orientation shall be documented by a statement signed and dated by the inmate. Inmates transferred from other facilities shall receive an orientation to the new facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 17.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1890. Medical and mental health screening.

Written policy, procedure, and practice shall provide that all newly incarcerated inmates undergo medical, dental, and mental health screening by health-trained or qualified personnel, to include a complete medical history, physical examination, screening laboratory tests, and other tests as ordered by the responsible physician or dentist. All findings shall be recorded on forms approved by the medical authority and a medical classification code is assigned to each inmate.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 17.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XVIII
Classification

6VAC15-45-1900. Classification program.

Written policy, procedure, and practice shall provide that the Department of Corrections classification program be utilized. The contractor shall facilitate the application of the Department of Corrections classification process, but the Department of Corrections will make all classification decisions.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 18.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1910. Housing assignments.

Written policy, procedure, and practice shall provide for screening of inmates double celled in a room or cell.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 18.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XIX
Work Programs

6VAC15-45-1920. Inmate participation in work programs.

Written policy, procedure, and practice shall provide for full-time work or programmatic participation of general population inmates, as required by the contract, which take into account the inmate's level of risk to staff, the general public, and facility needs. Policy and procedure shall provide that work performance is evaluated, and that the results are considered in recommending appropriate sentence credits and other incentives to the Department of Corrections.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 19.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1930. Training of employees.

Employees shall be trained in inmate work supervision and other areas specifically related to that inmate work assignment prior to independent functioning as work supervisors.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 19.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XX
Educational Services

6VAC15-45-1940. Educational services.

The facility shall provide space, maintain facilities, and provide services for academic, vocational education, and library programs, as required by the contract.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 20.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XXI
Inmate Recreation and Activities

6VAC15-45-1950. Recreational program.

Written policy, procedure, and practice shall provide for a recreational program that includes leisure time activities and outdoor exercise.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 21.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1960. Opportunity for exercise.

Every inmate (excluding isolation) who is not employed in outdoor work shall have the opportunity for at least one hour of exercise three separate days per week in an out-of-door area, weather permitting.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 21.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1970. Adequate facilities and equipment.

Adequate facilities and equipment for the planned recreation or exercise activities shall be available to the inmate population and shall be maintained in good condition.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 21.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1980. Staff supervision.

All recreational activities shall be under staff supervision and approved by the contractor.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 21.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XXII
Religious Programs and Services

6VAC15-45-1990. Access to religious programs.

Written policy, procedure, and practice shall provide for access to religious programs for all inmates on a voluntary basis. No preference may be given to any activity of one religious denomination, faith, or sect over another.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 22.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-2000. Chaplains.

Chaplains, clergy, or other religious leaders shall have access to the facility to attend to the religious needs of the inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 22.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-2010. Confidential counseling.

Counseling by chaplains and clergy shall be confidential.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 22.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-2020. Space for worship.

Adequate and appropriate space for worship shall be made available by the facility.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 22.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XXIII
Counseling and Program Services

6VAC15-45-2030. Core programs.

Written policy, procedure, and practice shall provide for a system of core programs at each facility appropriate to the needs of inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 23.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-2040. Program standards and guidelines.

Core programs required by the contract shall meet program standards and guidelines established by the Department of Corrections.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 23.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-2050. Assignment of counselor.

Written policy, procedure, and practice shall provide that each inmate is assigned a counselor. Staff shall be available to counsel inmates and provisions shall be made for counseling and crisis intervention services as needed.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 23.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-2060. Counseling services.

Counseling shall be provided by persons qualified by either formal education or training.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 23.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-2070. Licensure and certification of clinical treatment providers.

Written policy, procedure, and practice shall provide that persons providing clinical treatment and professional services are certified or licensed as required by law or regulations.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 23.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-2080. Identifying needs of population.

Written policy, procedure, and practice shall provide that facility staff conduct an evaluation of the needs of the inmate population at least every 12 months in order to identify necessary programs and services, or to identify changes needed to existing programs and services.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 23.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XXIV
Release Preparation

6VAC15-45-2090. Release preparation.

Written policy, procedure, and practice shall provide that all inmates have access to a program of release preparation prior to their release to the community.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 24.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

Part XXV
Citizen Involvement and Volunteers

6VAC15-45-2100. Policies and procedures for citizen and volunteer programs.

Written policy and procedure shall specify the lines of authority, responsibility, and accountability for the facility's citizen involvement and volunteer services program.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 25.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-2110. Volunteer orientation.

Written policy, procedure, and practice shall provide that each volunteer completes an appropriate, documented orientation or training program prior to assignment.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 25.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-2120. Volunteers to abide by rules.

Volunteers shall agree in writing to abide by all facility policies, particularly those relating to the security and confidentiality of information.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 25.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-2130. Qualified volunteers.

Volunteer services shall be provided by persons qualified by formal and applicable education, training, or experience.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 25.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.



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