Part V. Jail Operations
6VAC15-40-710. Admitting individuals into jail.
Written policy, procedure and practice for admitting individuals into the jail shall address the following:
1. Verification of commitment;
2. Complete search of the individual and his possessions;
3. Disposition of clothing and personal possessions;
4. Interview for obtaining identifying data;
5. Photograph; and
6. Telephone calls.
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 § 5.1, 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.
6VAC15-40-720. Inmates confined to jail.
Written policy, procedure, and practice for those inmates to be confined in the jail shall address the following:
1. Shower/search;
2. Issuance of clean clothing/hygiene items/linen;
3. Classification and housing assignment;
4. Orientation; and
5. Provision of mattresses.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.2, 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 29, Issue 4, eff. November 22, 2012.
6VAC15-40-730. Telephone calls during the booking process.
Written policy, procedure, and practice shall specify that newly admitted inmates who are physically capable are permitted to complete at least two local or long-distance telephone calls during the booking process. Reasonable accommodations shall be made for non-English speaking inmates, as well as hearing impaired and visually impaired inmates.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.3, 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.
6VAC15-40-740. Requirements for linens and towels.
Written policy, procedure, and practice shall provide that a record is kept to show that clean linens and towels are supplied once a week, a clean change of clothing is provided twice per week, and inmates shall be held accountable for their use.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.4, 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.
6VAC15-40-750. Issuance of special and protective clothing.
The facility shall provide for the issuance of special and protective clothing to inmates assigned to food services, farm, sanitation, mechanical services, and other special work functions.
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 § 5.5, 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.
6VAC15-40-760. Bathing.
There shall be sufficient hot and cold water for bathing. Each inmate shall be allowed to bathe twice a week.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.6, 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 29, Issue 4, eff. November 22, 2012.
6VAC15-40-770. Provision of hygiene items.
The facility shall provide soap, a toothbrush, and toothpaste or toothpowder to each inmate upon admission to the general population. Feminine hygiene items, including sanitary napkins and tampons, shall be provided upon request to each female inmate without charge. Notwithstanding security considerations, shaving equipment, including a mirror, and haircuts shall be made available, and the hygiene needs of all inmates shall be met.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.7, 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 29, Issue 4, eff. November 22, 2012; Volume 35, Issue 7, eff. January 10, 2019.
6VAC15-40-780. Items inmates may retain.
Written policy and procedures shall state what items the inmate may retain in his possession.
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 § 5.8, 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.
6VAC15-40-790. Inventory of cash and personal property.
A written itemized inventory of cash and personal property of each inmate shall be made at the time of initial booking. A copy signed by both staff and inmate shall be furnished to the inmate. Computerized officer identification shall not substitute for a signature.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.9, 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; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-800. Accounting of inmate expenditures and receipts of money.
Inmates' personal funds held by the facility are controlled by accepted accounting procedures. The facility shall provide the inmate with a copy of his itemized account upon reasonable request.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.10, 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 18, Issue 20, eff. July 17, 2002.
6VAC15-40-810. Return of inmate property and funds.
Inmate property and funds shall be returned upon release or transfer and receipted for by the inmate in writing.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.27, 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 29, Issue 4, eff. November 22, 2012.
6VAC15-40-820. Conduct.
Written policy, procedure, and practice shall govern inmate discipline and shall include:
1. Rules of conduct, including sanctions for rule violations;
2. Procedures and provisions for pre-hearing disciplinary detention; and
3. Procedures for processing violators that may include plea agreements that may waive the inmates' right to appeal.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.12, 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 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-830. Inmate handbook.
Upon initial housing assignment and following intake and reception processing, each inmate shall be informed of, receive, and sign for:
1. A copy of the inmate rules of conduct, including sanctions; and
2. The policy and procedures governing inmate discipline.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.13, 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; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-831. Fee for inmate keep.
If the facility has elected to establish a program to charge a fee for inmate keep, such fee shall be up to, but shall not exceed, the fee stated in the Board of Corrections Model Plan for Payment of Costs Associated with Inmate Keep per § 53.1-131.3 of the Code of Virginia. Written policy, procedure, and practice shall include, at a minimum, the following:
1. Provisions requiring the facility to notify the inmate of such fee in writing upon admission/orientation;
2. Payment and refund procedures;
3. Accounting procedures;
4. Provisions designating which, if any, inmates are exempt;
5. If the release date and the date of arrival are within 24 hours, provisions to charge the inmate only the equivalent of one day's fee; and
6. Whenever an inmate has been charged the fee, provisions specifying that the deduction shall be reflected on the inmate's account.
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.
6VAC15-40-833. Discipline.
Whenever an inmate may be deprived of good time or placed on disciplinary segregation the minimum procedural requirements shall include:
1. The accused inmate shall be given written notice of the charge and the factual basis for it at least 24 hours prior to hearing of the charge;
2. The charge shall be heard in the inmate's presence by an impartial officer or committee unless that right is waived in writing by the inmate or through the inmate's behavior. The accused inmate may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion shall be documented;
3. The accused inmate shall be given an opportunity to have the assistance of a staff member or fellow inmate in defending the charge;
4. The inmate shall be given a written statement by the fact finders as to the evidence relied upon and the reasons for the disciplinary action; and
5. The inmate shall be permitted to appeal any finding of guilt to the facility administrator or designee.
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.
6VAC15-40-835. Sanctions.
Whenever an inmate is punished, such as reprimands or loss of privileges, the minimum procedural requirements shall include:
1. The accused inmate shall have an opportunity to explain or deny the charge; and
2. The inmate shall have the opportunity to appeal any finding of guilt to the facility administrator or designee.
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.
6VAC15-40-840. Post to control security of jail.
The facility shall maintain a designated post, staffed 24 hours a day, that controls activities and flow of people in and out of the secure area of the jail. Main facility control posts may be staffed by civilian personnel who have been provided on-the-job training in facility security procedures, emergency plans, and communications. Such training shall be documented in writing with the same frequency as required by standards for all facility employees. Civilian personnel assigned to control posts shall not be assigned to other posts requiring direct inmate contact and supervision.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.14, 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.
6VAC15-40-850. Security of outside recreation.
The facility's outside recreation area shall be secure so that inmates shall not have physical access to the general public without authorization.
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 § 5.15, 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.
6VAC15-40-860. Security of entrances and doors.
Written policy, procedure and practice shall require that all security perimeter entrances, control center doors, cell block doors and all doors opening into a corridor are kept locked except when used for admission or exit of employees, inmates or visitors, or in emergencies.
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 § 5.16, 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.
6VAC15-40-870. Security and storage of security devices.
Written policy, procedure, and practice shall govern the security, storage, and use of firearms, ammunition, chemical agents, and related security devices that are stored in and assigned to the facility to ensure that:
1. The facility shall provide secure storage for firearms, ammunition, chemical agents, and related security devices accessible to authorized personnel only and located outside the security perimeter or the inmate housing and activity areas;
2. Personnel who carry firearms and ammunition are assigned positions that are inaccessible to inmates (with the exception of emergencies); and
3. Personnel who discharge firearms or use chemical agents other than for training purposes, submit written reports to the facility administrator or designee no later than the conclusion of the shift during which same are discharged or used.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.17, 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.
6VAC15-40-880. Officer entry.
Written policy and procedures shall specify the conditions under which an officer can enter a security cell or cell block during an emergency situation.
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 § 5.18, 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.
6VAC15-40-890. Mechanical audio communications system.
The facility shall provide a mechanical audio communications system allowing staff to communicate with each other to facilitate staff supervision.
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 § 5.19, 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.
6VAC15-40-900. Examination and maintenance of security devices.
Written policy, procedure and practice shall specify that, at least once daily, a careful examination is made of all security devices and that maintenance is routinely performed to ensure their proper operation.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.20, 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 18, Issue 20, eff. July 17, 2002.
6VAC15-40-910. Searches of facility and inmates.
Written policy, procedure, and practice provide for searches of facilities and inmates to control contraband and provide for the disposition of contraband. A schedule of searches shall be developed to ensure all housing areas of the facility have been searched on a random, but at least quarterly, basis. These procedures are not made available to inmates.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.21, 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; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-920. Contraband.
The facility shall have a policy regarding the control of contraband. The policy shall be available to inmates via the inmate handbook or orientation.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.22, 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 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-930. Key and door control.
Written policy, procedure, and practice shall govern key and door control. Perimeter security door keys shall not be issued to staff unless authorized as per the approved emergency plans.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.23, 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 29, Issue 4, eff. November 22, 2012.
6VAC15-40-940. Culinary items.
Written policy, procedure, and practice shall govern the control and use of culinary items.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.24, 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.
6VAC15-40-945. Tools.
Written policy, procedure, and practice shall govern the control and use of 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 29, Issue 4, eff. November 22, 2012.
6VAC15-40-950. Flammable, toxic and caustic materials.
Written policy, procedure, and practice shall specify the control and storage of cleaning equipment and use of all flammables, toxic, and caustic materials. Inmate access shall be limited and closely supervised.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.25, 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.
6VAC15-40-960. Functions of duty post.
Each duty post or position shall maintain a clear description of the functions of that duty post or position. A copy of the post orders shall be readily 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 § 5.26, 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; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-970. Restriction of physical force.
Written policy, procedure, and practice shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, orderly operation of the facility and prevention of escapes. In no event is physical force justifiable as punishment. A written report shall be prepared following all such incidents described above and shall be submitted to the facility administrator, or designee, for review and justification.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.27, 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; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-980. Restraint equipment.
Written policy, procedure and practice shall govern the use of restraint equipment. A written protocol pertaining to the monitoring of inmates in restraint equipment shall be established and approved by the medical authority.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.28, 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; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-985. Restraint of pregnant offenders.
A. This subsection is intended to apply to the transportation outside the secure perimeter such that inmates known to be pregnant shall be handcuffed only in front, unless an individualized determination is made that the inmate is a flight risk or danger to herself or others, or the totality of the circumstances creates a serious security risk.
1. If an individualized determination has been made, then such inmate will be restrained in the least restrictive method necessary for outside transport. Waist chains/belts shall not be used.
2. If it is deemed more restrictive restraints are needed during transport, security staff shall notify a supervisor as soon as reasonably possible and a use of force report indicating the reason for the use of restraints and type of restraints shall be submitted to a supervisor no later than the conclusion of the shift for review and justification.
B. No restraints will be used during labor and delivery unless an individualized determination has been made that the inmate is a flight risk or danger to herself or others, or the totality of the circumstances creates a serious security risk.
C. This subsection is intended to apply to labor and delivery such that if there is an individualized determination that restraints are needed, the least restrictive alternative will be used in consultation with the medical professional, but restraints shall be immediately removed upon the request of any doctor, nurse, or other health professional treating the inmate if the restraints present a threat to the health or life of the inmate or child. Waist chains/belts shall not be used.
D. If it is deemed more restrictive restraints are needed during labor and delivery, security staff shall notify a supervisor as soon as reasonably practical and a use of force report indicating the reason for the use of restraints and type of restraints shall be submitted to a supervisor no later than the conclusion of the shift for review and justification.
E. This subsection is intended to apply during postpartum recovery while the inmate is in the hospital such that after an individualized determination, an inmate shall be restrained in the least restrictive method (i.e., one ankle restraint or one arm restraint) that will allow for the mother's safe handling of her infant and mother-infant bonding, except where necessary when the inmate is a flight risk or danger to herself or others, or the totality of the circumstances creates a serious security risk. If it is deemed restraints more restrictive than one ankle restraint or one arm restraint are needed, security staff shall notify a supervisor as soon as reasonably practical and a use of force report indicating the reason for the use of restraints and type of restraints shall be submitted to a supervisor no later than the conclusion of the shift for review and justification.
F. All staff shall annually review policy related to restraining pregnant inmates.
G. This subsection is intended to apply to inmates known to be pregnant who are in a facility for medical treatment unrelated to labor and delivery. Such inmates will be restrained in the least restrictive method necessary in consultation with the medical professional. Waist chains/belts shall not be used.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 30, Issue 16, eff. May 8, 2014.
6VAC15-40-990. Administrative segregation.
Written policy, procedure and practice shall provide for administrative segregation of inmates who pose a security threat to the facility or other inmates and for inmates requiring protective custody.
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 § 5.29, 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.
6VAC15-40-1000. Physical living conditions for disciplinary detention and administrative segregation.
Written policy, procedure, and practice shall ensure that, inmate behavior permitting, the disciplinary detention and administrative segregation units provide physical living conditions that approximate those offered in the general population.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.30, 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.
6VAC15-40-1010. Mental health inmates.
Written policy, procedure, and practice shall specify the handling of mental health inmates, including a current agreement to utilize mental health services from either a private contractor or the community services board.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.31, 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 29, Issue 4, eff. November 22, 2012.
6VAC15-40-1020. Record of activities in disciplinary detention and administrative segregation.
Written policy, procedure, and practice shall ensure that a record is kept of scheduled activities in disciplinary detention and administrative segregation units. Documented activities shall include the following: admissions, visits, showers, exercise periods, meals, unusual behavior, mail, and release.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.32, 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.
6VAC15-40-1030. Assessment of inmates in disciplinary detention or administrative segregation.
Written policy, procedure, and practice shall require that a documented assessment by medical personnel that shall include a personal interview and medical evaluation of vital signs, is conducted when an inmate remains in disciplinary detention or administrative segregation for 15 days and every 15 days thereafter. If an inmate refuses to be evaluated, such refusal 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 § 5.33, 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.
6VAC15-40-1040. Staff training.
The facility shall provide for 24-hour supervision of all inmates by trained personnel.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.34, 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.
6VAC15-40-1045. Supervision of inmates.
All inmate housing areas shall be inspected a minimum of twice per hour at random intervals between inspections. All inspections and unusual incidents shall be documented. No obstructions shall be placed in the bars or windows that would prevent the ability of staff to view inmates or the entire housing area.
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.
6VAC15-40-1050. Supervisory inspection.
Supervisory staff shall conduct a general, daily inspection of the facility. Such inspections shall be documented. Unusual findings shall be documented and submitted to the senior supervisor or designee on duty for review.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.35, 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 29, Issue 4, eff. November 22, 2012.
6VAC15-40-1060. Movement of inmates.
Written policy, procedure and practice shall regulate the movement of inmates within the facility.
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 § 5.36, 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.
6VAC15-40-1070. Prohibition of inmate control over other inmates.
Written policy, procedure and practice shall prohibit inmates from supervising, controlling or exerting any authority over other inmates.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.37, 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; Volume 18, Issue 20, eff. July 17, 2002.
6VAC15-40-1080. Emergency plans and fire drills.
There shall be fire prevention practices and written emergency plans that outline duties of staff, procedures and evacuation routes. Emergency plans shall include responses in the event of fire, hazardous material release, loss of utilities, natural disaster, hostage situations, riots, disturbances, escapes, bomb threats, and mass arrest. Emergency plans shall be reviewed every 12 months by all staff. These reviews shall be documented. Each facility shall conduct and document quarterly fire drills.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.38, 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.
6VAC15-40-1090. Release of inmates.
Written policy, procedure, and practice shall require that, prior to the release of an inmate, positive identification is made of the releasee, authority for release is verified, and a check for holds in other jurisdictions is completed.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 5.39, 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; Volume 29, Issue 4, eff. November 22, 2012.