Administrative Code

Virginia Administrative Code
2/26/2024

Part III. Inspection Process

6VAC15-20-130. Inspection method.

A. Inspections shall be governed by § 53.1-68 of the Code of Virginia.

B. Inspections shall be conducted to inspect for compliance with all life, health and safety standards in the Board of Corrections' Minimum Standards for Local Jails and Lockups (6VAC15-40).

Statutory Authority

§ 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-140. Inspection schedule.

A. All local correctional facilities shall undergo life, health and safety inspections by the Compliance and Accreditation Unit.

B. The Compliance and Accreditation Unit local facilities supervisor shall prepare an annual inspection schedule.

1. The inspection schedule shall not be published outside the Board of Corrections, Department of Corrections and Virginia Department of Health.

2. The inspection schedule shall be prepared in conjunction with the compliance audit schedule.

3. Upon recommendation by the Compliance and Accreditation Unit local facilities supervisor, the board may waive the requirement for an inspection in the year in which a local correctional facility undergoes a compliance audit except in which the local correctional facility administrator changes.

C. New local correctional facilities shall be inspected only after the preparatory audit and first year compliance audit have been completed.

D. Local correctional facility inspections shall be postponed or rescheduled only upon approval of the Compliance and Accreditation Unit local facilities supervisor.

Statutory Authority

§ 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-150. Preparation for inspection.

Inspections shall be conducted by a local facilities manager on the basis of an annual schedule assignment.

1. Larger local correctional facilities may require more than one staff person to perform the inspection. In this event, the manager assigned to the inspection may request assistance of other Compliance and Accreditation Unit staff or regional office personnel.

2. The local facilities manager may coordinate the inspection with local health department officials.

Statutory Authority

§ 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-160. On-site inspection procedures.

A. The local facilities manager shall announce the intent of the visit and produce official identification if required upon arrival at the local correctional facility.

B. The local correctional facility shall grant access to all documents, staff and areas of the facility necessary to complete the inspection and assess standards compliance.

C. Denial of access to the facility for any reasons other than bonafide security or emergency situations shall result in findings of noncompliance on all standards. In the event of denial of access, the local facilities manager will notify the Compliance and Accreditation Unit manager immediately. The inspection may be rescheduled if it is determined that denial of access was warranted.

D. Compliance data shall be gathered through documentation, interview and observation.

E. The local facilities manager assigned to the inspection shall determine compliance in the event more than one staff conduct the inspection.

F. All life, health and safety standards shall be assessed for compliance at the time of the inspection using the inspection form to indicate a yes or no finding. Situations which prevent access to documentation, observation or interview to determine compliance shall result in a finding of noncompliance for the applicable standard.

G. A debriefing with the facility administrator or staff in charge shall be held upon inspection completion. If requested, the local facilities manager may debrief other jail personnel.

Statutory Authority

§ 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-170. Inspection findings.

The inspection report shall be provided to the facility upon completion of the inspection.

Statutory Authority

§ 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-180. Correction of deficiencies.

A. Facility administrators shall advise the Compliance and Accreditation Unit local facilities supervisor in writing of the correction of all cited deficiencies within seven days following the inspection. Adequate documentation to support deficiency corrections shall be provided.

B. The Compliance and Accreditation Unit local facilities manager shall assist facilities in correcting deficiencies where necessary and monitor the submission of written notification of deficiency corrections.

C. The Compliance and Accreditation Unit local facilities manager shall maintain copies of all inspection reports and provide a monthly report to the Compliance and Accreditation Unit local facilities supervisor on inspection results. Deficiencies not corrected within 30 days shall be reported as life, health and safety alerts.

Statutory Authority

§ 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-190. Board action on inspection results.

A. Inspection results shall be reported by the Compliance and Accreditation Unit local facilities supervisor to the board on a monthly basis and deficiencies not corrected will be reported as life, health and safety alerts.

B. The results of all inspections conducted shall be reported to the board.

C. The board shall be notified immediately of all life, health and safety alerts, including denial of access. Upon review of alert deficiencies, the Board of Corrections chairman, or in his absence the vice chairman, may change the certification status of the facility in question.

D. Board actions taken in response to inspection results shall be as described in 6VAC15-20-100.

Statutory Authority

§ 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007; Errata, 35:6 VA.R. 1008 November 12, 2018.

6VAC15-20-200. Health inspection schedule.

A. All local correctional facilities shall undergo inspections by the Virginia Department of Health in accordance with § 53.1-68 of the Code of Virginia.

B. Virginia Department of Health environmental staff, under the delegated power of the State Health Commissioner and the district health director, shall be responsible for scheduling and administrating local correctional facility inspections.

C. The Office of Environmental Health Services of the Virginia Department of Health shall provide the technical and administrative guidance to district and local health departments as necessary or requested. Local health departments may coordinate the inspections with the department's Compliance and Accreditation Unit.

Statutory Authority

§ 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-210. On-site health inspection procedures.

A. Virginia Department of Health staff shall announce the intent of the visit and produce official identification if required upon arrival at the facility.

B. The facility shall grant access to all documents, staff and areas of the local correctional facility necessary to complete the inspection.

C. Virginia Department of Health staff shall evaluate jail kitchen facilities in accordance with the Food Regulations, 12VAC5-421. A food establishment permit shall be issued to facilities that comply with the Food Regulations. No permit shall be issued to facilities that are not in substantial compliance with the regulations.

D. Virginia Department of Health staff shall also inspect all areas of the facility necessary to determine compliance with standards for facility cleanliness and housing areas of local correctional facilities designated in the interagency letter of agreement between the Board of Corrections and the Virginia Department of Health.

E. Compliance data shall be gathered through documentation, interview and observation. Situations that prevent access to documentation, observation or interview to determine compliance shall result in a finding of noncompliance for the applicable standard.

F. If possible, food service and standards compliance inspections should occur on the same visit to the facility. In those cases where follow-up visits are necessary, those visits may be coordinated with appropriate facility staff.

G. At the conclusion of the inspection, the facility administrator or designee or both shall be briefed on the inspection findings.

Statutory Authority

§ 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-220. Health inspection findings.

The inspection report shall be provided to the facility upon completion of the inspection and a copy shall be forwarded to the department's Compliance and Accreditation Unit within 30 days. In a situation where sanitation and environmental conditions could pose a health hazard, the department shall be notified immediately.

Statutory Authority

§ 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-230. Board action on health inspection results.

Inspection results which report sanitation and environmental hazards or evidence of noncompliance with standards shall be reported to the board by the Compliance and Accreditation Unit on a monthly basis. Board action taken in response to inspection results shall be as described in 6VAC15-20-100 relating to audits. Follow-up relative to standards shall be the responsibility of the board and the department.

Statutory Authority

§ 53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

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