LIS

Administrative Code

Virginia Administrative Code
1/13/2025

Part IV. Programs and Services

6VAC15-40-140. Awareness of programs.

The facility administrator or designee shall make each inmate aware of available programs.

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 § 4.1, 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.

6VAC15-40-150. Inmate exercise.

Written policy, procedure, and practice shall provide that all inmates have access to physical exercise. Facilities with specified exercise areas shall provide inmate exercise a minimum of one hour per week. Facilities without specified exercise areas shall provide equipment or an area within the dayroom for inmates to exercise large muscle groups on a daily basis. Shortage of staff shall not hinder inmate access to physical exercise. Exceptions for inclement weather or risk to security shall be documented.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.2, 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; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-155. Access to recreational activities.

Written policy, procedure and practice shall provide inmates access to recreational activities.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-160. Written procedures for release program eligibility criteria.

Written procedures outlining the eligibility criteria for participation in a work release, educational release, electronic monitoring, or rehabilitation release program shall be developed by each facility with a work release, educational release, electronic monitoring, or rehabilitation release program. Inmates shall meet the established eligibility requirements prior to being released to participate in the program.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.3; 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.

6VAC15-40-170. Written procedures for accountability of inmate participants.

Written procedures shall ensure the accountability of inmate participants and provide for supervision in the community. Such procedures shall include, at a minimum:

1. Provisions for a daily inmate count;

2. Methods for determining and identifying inmates who are authorized to leave the facility;

3. Provisions for a controlled sign-out and sign-in process; and

4. Provisions that require that a minimum of one staff-initiated telephone contact per calendar week and a minimum of one random field visit per month or GPS monitoring shall be used to verify the inmate's location within the community.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.4; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-180. Conditions for inmate participation in a work release program.

Inmate participation in a work release program shall conform to the following specific conditions unless ordered otherwise by an appropriate court:

1. Participation by the inmate shall be on a voluntary basis.

2. The following conditions shall be met where the employer has a federal contract:

a. Representatives of local union central bodies or similar labor union organizations shall have been consulted;

b. Employment shall not result in the displacement of employed workers, or be applied in skills, crafts or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and

c. Rates of pay and other conditions of employment shall not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.5; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-190. Conditions for inmate participation in educational release or rehabilitation release programs.

Inmate participation in an educational release or rehabilitation release program shall conform to the following specific conditions unless ordered otherwise by an appropriate court:

1. Participation by the inmate may be voluntary or court ordered;

2. Meetings or classes shall be on a regularly scheduled basis; and

3. Other conditions shall not be more restrictive on the inmate than those required by other participants.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.6; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-200. Furlough.

Inmate participants in a work release, educational release, or rehabilitation release program may be considered for furlough, as prescribed by the facility policy, not to exceed three days in length at any one time. Written procedures shall govern the granting of furloughs in accordance with the provisions of § 53.1-132 of the Code of Virginia.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.7; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-210. Earnings.

Written procedures shall be developed to ensure the accountability of all earnings received, disbursed, to whom and reason on behalf of the inmate participant. Procedures shall be in accordance with § 53.1-131 of the Code of Virginia.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.7; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-220. Removing inmate participants from program.

Written procedures shall establish the criteria and process for removing inmate participants from the program.

1. Procedures shall include provisions for an impartial hearing for the inmate participants.

2. Procedures shall include provisions for appealing the removal.

3. Documentation shall reflect that this information was explained to all inmate participants upon assignment to the program.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.7; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-230. Written agreement with director.

Each facility having a work release, educational release, or rehabilitation release program that includes state offenders as defined in § 53.1-20 of the Code of Virginia shall have a written agreement with the director, or his designee.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.7; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-240. Offender participation in compliance with appropriate criteria and approval.

State offenders assigned to a work release, educational release, or rehabilitation release program shall meet the appropriate criteria set forth by the Department of Corrections (DOC), be approved by the DOC Central Classification Services and the management review process pursuant to a written agreement as provided for in accordance with § 53.1-131 of the Code of Virginia.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.7; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-250. Participation in religious services or counseling.

Written policy, procedure, and practice shall allow inmates to participate voluntarily in available religious services or counseling of their choice during scheduled hours within the facility. The constitutional right to pursue any lawful and legitimate religious practice shall be guaranteed to all inmates consistent with maintaining the order and 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 § 4.3, 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 29, Issue 4, eff. November 22, 2012.

6VAC15-40-260. Social services and volunteer programs.

Where volunteers provide direct services to inmates in the facility written policies and procedures shall describe each available service or program. The facility shall secure and support available social services and volunteer programs from the community.

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 § 4.4, 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.

6VAC15-40-270. Coordination of volunteer program.

The volunteer program shall be coordinated and administered in accordance with written policies and procedures. Each volunteer shall sign a statement agreeing to abide by facility rules and regulations.

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 § 4.5, 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.

6VAC15-40-280. Availability and administration of educational services.

Written policy, procedure, and practice shall govern the availability and administration of educational services for inmates, including a written agreement with the local school authority for the provision of special education. The facility administrator shall coordinate with local authorities for the provision of community services and resources utilized for this purpose, where available.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.6, 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.

6VAC15-40-290. Provisions of reading materials.

The facility shall provide reading materials that include current periodicals.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.7, 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.

6VAC15-40-300. Permission of reading materials.

Reading materials, including newspapers, magazines and books, shall be permitted in the facility unless the material poses a threat to security or is not in compliance with other facility restrictions or guidelines.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.8, 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 29, Issue 4, eff. November 22, 2012.

6VAC15-40-310. Commissary services.

The facility shall make available to inmates commissary services where they may purchase from an approved list of items at a minimum of one time per week. Written policy and procedure shall describe the circumstances and duration under which inmates may be restricted from this privilege.

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 § 4.9, 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.

6VAC15-40-320. Licensed physician.

A licensed physician shall supervise the facility's medical and health care services. Facilities that contract with private medical facilities or vendors shall maintain a current copy of the agreement, unless employed by 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 § 4.10, 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 29, Issue 4, eff. November 22, 2012.

6VAC15-40-330. Restrictions on physician.

No restrictions shall be imposed on the physician by the facility in the practice of medicine. However, administrative and security regulations applicable to facility personnel shall apply to medical personnel as well.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.11, 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 29, Issue 4, eff. November 22, 2012.

6VAC15-40-340. Health care provider and licensing, certification, and qualification of health care personnel..

Each facility shall have a minimum of one licensed or qualified health care provider who is accessible to inmates a minimum of one time per week. Health care personnel shall meet appropriate and current licensing, certification, or qualification requirements.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.12, 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 29, Issue 4, eff. November 22, 2012.

6VAC15-40-350. Private examination and treatment of inmates.

Where in-house medical and health care services are provided there shall be space for the private examination and treatment of inmates.

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 § 4.13, 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.

6VAC15-40-360. Twenty-four-hour emergency medical and mental health care.

Written policy, procedure, and practice shall provide 24-hour emergency medical and mental health care availability.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.14, 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.

6VAC15-40-370. Receiving and medical screening of inmates.

Written policy, procedure, and practice shall provide that receiving and medical screening be performed on all inmates upon admission to the facility. The medical screening shall:

1. Specify screening for current illnesses, health problems and conditions, and past history of communicable diseases;

2. Specify screening for current symptoms regarding the inmate's mental health, dental problems, allergies, present medications, special dietary requirements, and symptoms of venereal disease;

3. Include inquiry into past and present drug and alcohol abuse, mental health status, depression, suicidal tendencies, and skin condition;

4. For female inmates, include inquiry into possible pregnancy or gynecological problems; and

5. All inmates shall receive a tuberculosis (TB) skin test within seven days of admission to 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 § 4.15, 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.

6VAC15-40-380. Inmate access to medical services.

Written policy, procedure, and practice shall be developed whereby inmates shall be informed, at the time of admission to the facility, of the procedures for gaining access to medical services.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.16, 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.

6VAC15-40-390. Training and competency of staff.

All security staff shall be trained and competent in rendering basic first aid and CPR by a recognized certifying agency. All training shall be documented.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.17, 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.

6VAC15-40-393. Universal precautions.

All staff who have contact with inmates shall be trained, competent, and knowledgeable in the use of universal precautions. All training shall be documented and completed every 12 months.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-395. Management of sharps.

Written policy, procedure, and practice shall govern the control, storage, and use of sharps including at a minimum needles, scalpels, lancets, and dental tools.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-400. Management of pharmaceuticals.

Written procedures for the management of pharmaceuticals shall be established and approved by the medical authority or pharmacist, if applicable. Written policy, procedure, and practice shall provide for the proper management of pharmaceuticals, including receipt, storage, dispensing, and distribution of drugs. These procedures shall be reviewed every 12 months by the medical authority or pharmacist. Such reviews shall be documented.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.27; 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.

6VAC15-40-405. Automated External Defibrillator (AED).

There shall be a minimum of one AED unit available in the facility. All security staff shall receive training in the operation of the unit.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-410. Inmate medical records.

The medical record for each inmate shall be kept separate from other facility records and shall include the following:

1. The completed screening form; and

2. All findings, diagnoses, treatment, dispositions, prescriptions, and administration of medication.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.19, 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.

6VAC15-40-420. Transfer of summaries of medical record.

Medical record summaries shall be transferred to the same facility to which the inmate is being transferred. Required information shall include: vital signs, current medications, current medical/dental problems, mental health screening, mental health problems, TB skin test date and results, special inmate needs/accommodations, pending medical appointments, medical dispositions, overall comments, health care provider/personnel signature and date, and any additional pertinent medical information such as lab work, x-rays, etc.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.20, 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 29, Issue 4, eff. November 22, 2012.

6VAC15-40-430. Medical or pharmaceutical testing for experimental or research purposes.

Written policy and practice shall prohibit medical or pharmaceutical testing for experimental or research purposes.

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 § 4.21, 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.

6VAC15-40-440. Medical care provided by personnel other than physician.

Medical care provided by personnel other than a physician shall be pursuant to a written protocol or order. Protocols or orders shall be reviewed and signed by the supervising physician every 12 months.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.22, 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 29, Issue 4, eff. November 22, 2012.

6VAC15-40-450. Suicide prevention and intervention plan.

There shall be a written suicide prevention and intervention plan. These procedures shall be reviewed and documented by an appropriate medical or mental health authority prior to implementation and every three years thereafter. These procedures shall be reviewed every 12 months by staff having contact with inmates. Such reviews shall be documented.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.32; 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.

6VAC15-40-460. (Repealed.)

Historical Notes

Derived from VR230-30-001 § 4.33; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-470. Medical copayment.

Jail medical treatment programs wherein inmates pay a portion of the costs for medical services shall be governed by written policy and procedure.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.34; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-480. Set fees required.

Inmate payment for medical services shall be up to, but shall not exceed, those fees established by the Board of Corrections in the Model Plan for Jail Prisoner Medical Treatment Programs per § 53.1-133.01 of the Code of Virginia.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.35; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-490. Policy and procedure information.

Written policy and procedure shall specify, at a minimum, the following information:

1. Medical services that are subject to fees;

2. Fee amounts;

3. Payment procedures;

4. Medical services that are provided at no cost;

5. Fee application to medical emergencies, chronic care and pre-existing conditions; and

6. Written notification to inmates of proposed fee changes.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.36; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-500. Inmates advised of procedures.

Inmates shall be advised of medical service fees and payment procedures at the time of admission/orientation.

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 § 4.37; Virginia Register Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-510. Ability to pay.

Written policy, procedure, and practice shall ensure that no inmate will be denied access to medically necessary services based upon ability to pay.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.38; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-520. Acknowledgment in writing.

Medical services fee debits to inmate accounts shall be acknowledged by the inmate in writing. The acknowledgement shall be signed by a witness if the inmate refuses to sign.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.39; 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.

6VAC15-40-530. Accounting process.

A separate bank account, or accounting process, shall be established and used exclusively for the deposit and disbursal of medical service fees. Fee collections and disbursements shall be governed by generally accepted accounting principles.

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 § 4.40; Virginia Register Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-540. Standards for food service equipment and personnel.

Written policy, procedure and practice shall ensure that the facility's food service equipment and personnel meet the established safety and protection standards and requirements as set forth by the State Board of Health's Food Regulations (12VAC5-421). The facility shall have a Virginia Department of Health (VDH) inspection conducted every 12 months. Written reports of the VDH inspection shall be on file with the facility administrator.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.23, 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.

6VAC15-40-545. Standards for inmate food service workers.

Written policy, procedure, and practice shall ensure that a visual medical examination of each inmate assigned to food service occurs no more than 30 days prior to assignment and quarterly thereafter. Each inmate shall be given a TB skin test prior to food service assignment. Such tests shall be documented. If an inmate tests positive for TB, that inmate shall not be granted assignment to food service.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-550. Food service program.

Written policy, procedure, and practice shall ensure a food service program that meets the following:

1. The menu meets the dietary allowances as stated in the Recommended Dietary Allowances (RDA), National Academy of Sciences;

2. There is at least a one-week advance menu preparation;

3. Modifications in menus are based on inmates' medical or reasonable religious requirements. Medical or dental diets shall be prescribed by the facility's medical authority;

4. RDA evaluation of facility menus shall be completed by an independent registered dietitian or certified nutritionist every three years; and

5. Additional evaluations shall be completed when a substantive change in the menu or food service provider occurs.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.24, 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.

6VAC15-40-560. Meals prepared, delivered and served under direct supervision of staff.

Written policy, procedure, and practice shall ensure meals are prepared, delivered, and served under the direct supervision of staff.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.25, 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.

6VAC15-40-570. Records of meals served.

Written policy, procedure and practice shall ensure that records of meals served are kept for a minimum of three years.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.26, 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.

6VAC15-40-580. Food service program not a disciplinary measure.

Written policy, procedure and practice shall ensure food is not used as a disciplinary measure.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.27, 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.

6VAC15-40-590. Number and spacing of meals.

Written policy, procedure and practice shall provide for at least three meals daily with no more than 14 hours between evening meal and breakfast, and a minimum of two hot meals within every 24 hours.

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 § 4.28, 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.

6VAC15-40-600. Correspondence privileges.

Written policy, procedure, and practice shall ensure that all inmates, regardless of their jail status, shall be afforded the same correspondence privileges. Correspondence privileges shall not be withdrawn as punishment.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.29, 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 29, Issue 4, eff. November 22, 2012.

6VAC15-40-610. Volume and content of inmate mail.

Written policy, procedure, and practice shall ensure that there is no limit on the volume of mail an inmate may send or receive, or on the length, language, content, or source of such mail, except where there is clear and convincing evidence to justify such limitations.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.30, 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 29, Issue 4, eff. November 22, 2012.

6VAC15-40-620. Postage allowance.

Written policy, procedure, and practice shall make available a postage allowance of at least five first-class rate (one ounce) letters per week, including legal mail, to indigent inmates. An indigent inmate shall be defined as an inmate having less than the cost of five first class stamps in his account for 15 days.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.31, 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.

6VAC15-40-630. Outgoing and incoming mail.

Written policy, procedure, and practice shall ensure that outgoing mail is collected and sent during normal United States Postal Service (USPS) days of operation. Incoming mail to inmates shall be delivered no later than 24 hours after arrival at the facility (contingent upon normal USPS days of operation), or shall be forwarded or returned to sender.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.33, 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 29, Issue 4, eff. November 22, 2012.

6VAC15-40-640. General and legal correspondence.

All general correspondence may be opened, examined, and censored by authorized personnel as per the USPS Administrative Support Manual, Section 274.96. If searched, all legal correspondence shall be opened in the presence of the inmate.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.33, 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.

6VAC15-40-650. Notice of seizure of mail contraband.

Written policy, procedure, and practice shall ensure notice of the seizure of mail contraband is given to the inmate with the reason for the seizure in writing. The sender shall be allowed the opportunity to appeal the seizure to the facility administrator or a designee empowered to reverse seizure. Unless it is needed for a criminal investigation or prosecution, property that can legally be possessed outside the facility shall be stored, returned to sender, if known, or destroyed.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.34, 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.

6VAC15-40-660. Access to telephone facilities.

Written policy, procedure, and practice shall ensure inmates have reasonable access to telephone facilities, except where safety and security considerations are documented.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.35, 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.

6VAC15-40-670. Delivery of emergency messages to inmates.

Written policy, procedure, and practice shall ensure that emergency messages to inmates are delivered promptly and documented.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.36, 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.

6VAC15-40-680. Visiting opportunities.

Written policy, procedure and practice shall ensure maximum visiting opportunities limited only by facility schedules, space, personnel constraints and inmate disciplinary status. Attorneys shall be permitted to have confidential visits with their clients.

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 § 4.37, 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.

6VAC15-40-690. Approved items visitors may bring into facility.

The facility shall have a posted list of approved items that visitors may bring into the facility. Items brought into the facility by visitors for inmates shall be subject to inspections and approval.

Statutory Authority

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

Historical Notes

Derived from VR230-30-001 § 4.38, 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.

6VAC15-40-700. Requirements of visitor registration and visitor searches.

Written policy, procedure and practice shall specify requirements for visitor registration and the circumstances and methods under which visitors may be searched.

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 § 4.39, 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.

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