Part III. General Administration and Management
6VAC15-40-70. Release of information.
Written policies and procedures covering the release of information shall be developed in accordance with the Regulations Relating to Criminal History Record Information Use and Security (6VAC20-120-10 et seq.), as promulgated by the Criminal Justice Services Board.
Statutory Authority
§§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 3.1, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.
6VAC15-40-80. Current and accurate inmate records.
Written policy, procedure and practice shall ensure that inmate records are current and accurate.
Statutory Authority
§§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 3.2, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.
6VAC15-40-90. Content of personal inmate records.
Personal records shall be maintained on all inmates committed or assigned to the facility. Inmate records shall be kept confidential, securely maintained, and in good order to facilitate timely access by staff. Inmate records shall contain, but not be limited to:
1. Inmate data form;
2. Commitment form or court order, or both;
3. Records developed as a result of classification;
4. All disciplinary actions, or unusual incidents;
5. Work record and program involvement;
6. Copies of inmates' property expenditure records and receipts; and
7. Victim notification, if applicable.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 3.3, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-100. Daily logs.
The facility shall maintain a daily log(s) that records the following information:
1. Inmate count and location, to be verified with a minimum of one formal count per shift, observing flesh and movement;
2. Intake and release of inmates;
3. Entries and exits of physicians, attorneys, ministers, and other nonfacility personnel; and
4. Any unusual incidents that result in physical harm to, or threaten the safety of, any person or the security of the facility.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 3.4, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-110. Serious incident reports.
A report setting forth in detail the pertinent facts of deaths, discharging of firearms, erroneous releases, escapes, fires requiring evacuation of inmates, hostage situations, and recapture of escapees shall be reported to the Local Facilities Supervisor of the Compliance and Accreditation Unit, Department of Corrections (DOC), or designee. The initial report shall be made within 24 hours and a full report submitted at the end of the investigation.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 3.5; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-120. Classification.
A. Written policy, procedure, and practice shall ensure the following:
1. Classification of inmates as to level of housing assignment and participation in correctional programs;
2. Separate living quarters for males, females, and juveniles;
3. Inmates are not segregated by race, color, creed or national origin;
4. Security permitting, equal access to all programs and activities, through separate scheduling, or other utilization of combined programs under supervision; and
5. Any exception to the above is documented.
B. If the facility is using objective classification, then the provisions of this subsection shall be followed:
1. Classification is conducted upon intake and prior to final housing assignment;
2. Classification determines the custody level and housing assignment;
3. Classification is conducted through inmate interviews and the use of data collection instruments or forms, which are maintained on file;
4. Classification instruments enable objective evaluation and/or scoring of:
a. Current offenses.
b. Prior convictions.
c. History of assaultive behavior.
d. Escape history.
e. Prior institutional adjustment.
f. Court status and pending charges.
g. Mental health or medical treatment history or needs.
h. Identified stability factors;
5. The classification system includes administrative review of decisions and periodic reclassification and override procedures that are documented and maintained on file;
6. The classification system addresses both the potential security risks posed and treatment needs of the inmate;
7. Separate living quarters for males, females, and juveniles; and
8. Inmates are not segregated by race, color, creed, or national origin.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 3.5, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-130. Written grievance procedure.
A written grievance procedure shall be developed and made available to all inmates with the following:
1. Inmates shall be given a grievance form after exhausting all prerequisites of the grievance procedure. Prerequisites shall be documented.
2. Grievances shall be responded to within nine work days of receipt.
3. Written responses, including the reason for the decision, shall be made to all grievances.
4. A review shall be made by a staff member not directly involved in the grievance.
5. All inmates shall have access to the grievance procedure with guaranty against reprisal.
6. All inmates shall be afforded the opportunity to appeal the decision.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 3.6, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.