Part VIII. Lockups
6VAC15-40-1210. Responsibility.
The chief of police or the sheriff shall be responsible for ensuring the lockup is operated in full conformity with this chapter.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 8.1, 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; Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-1220. Coverage.
When the lockup is occupied, at least one employee shall be present at all times.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 8.2, 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.
6VAC15-40-1230. Search requirements.
The facility shall comply with the search requirements included in § 19.2-59.1 of the Code of Virginia.
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 § 8.3, 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.
6VAC15-40-1240. Inspection requirements.
Weekly inspections shall be conducted and documented of bars, locks, and all security devices.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 8.4, 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 29, Issue 4, eff. November 22, 2012.
6VAC15-40-1250. Commitment and release.
A written record shall be maintained of all detainees confined in the lock-up. The written record shall include name, date, and times of commitment 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 § 8.5, 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 29, Issue 4, eff. November 22, 2012.
6VAC15-40-1260. Property and funds.
Written policy, procedure, and practice shall govern the inventory and control of detainee property and funds. The detainee shall sign for all property and funds taken upon admission and returned upon his release. If the detainee refuses to sign, this shall be witnessed 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 § 8.6, 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.
6VAC15-40-1270. Telephone calls during the admissions process.
Written policy, procedure, and practice shall specify that newly admitted detainees who are physically capable are permitted to complete at least two local or long distance telephone calls during the admissions process. Reasonable accommodations shall be made for non-English speaking detainees as well as hearing and visually impaired detainees.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 8.7, 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.
6VAC15-40-1280. Juvenile detention.
A lockup shall detain juveniles in strict compliance with § 16.1-249 of the Code of Virginia, and shall include continuous, direct 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 § 8.8, 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.
6VAC15-40-1290. Separate housing.
Males, females and juveniles shall be housed separately.
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 § 8.9, 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.
6VAC15-40-1300. Protection of detainees.
Written policy shall ensure the protection of detainees appearing to be vulnerable to physical or sexual attack.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 8.10, 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.
6VAC15-40-1310. Emergency medical and mental health care.
Written policy and procedures shall provide 24-hour emergency medical and mental health care availability.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 and 53.1-133.01 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 8.11, 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.
6VAC15-40-1315. Supervision of detainees.
All detainee 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 detainees 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.
6VAC15-40-1320. (Repealed.)
Historical Notes
Derived from VR230-30-001 § 8.12, 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; repealed, Volume 29, Issue 4, eff. November 22, 2012.
6VAC15-40-1330. Visiting.
Written policy and procedures shall ensure that attorneys are permitted to have confidential visits with detainees.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 8.13, 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.
6VAC15-40-1340. Detainee control.
Written policy and procedures shall ensure that punishment is not utilized as a means of control or discipline in lockups. Chemical agents shall not be used as punishment and may only be used to control detainees when there is an imminent threat of physical injury or property damage.
Statutory Authority
§§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
Historical Notes
Derived from VR230-30-001 § 8.14, 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 29, Issue 4, eff. November 22, 2012.
6VAC15-40-1350. Serious incident report.
A report setting forth in detail the pertinent facts of deaths, discharging of firearms, erroneous releases, escapes, fires requiring evacuation of detainees, hostage situations, and recapture of escapees shall be reported to the local facilities supervisor of the Compliance and Accreditation Unit, Department of Corrections, 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 § 8.15, 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.
6VAC15-40-1360. Detainee cleanliness.
A detainee shall have access to a wash basin and toilet 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 § 8.16, 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 29, Issue 4, eff. November 22, 2012.
6VAC15-40-1370. Facility cleanliness.
The detention area shall be maintained in a clean, dry, hazard-free manner.
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 § 8.17, 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.
6VAC15-40-1380. Fire safety inspection.
The facility shall have a state or local fire safety inspection conducted every 12 months. Localities that do not enforce the Virginia Statewide Fire Prevention Code shall have the inspection performed by the State Fire Marshal's Office. Written reports of the fire safety 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 Virginia Register Volume 29, Issue 4, eff. November 22, 2012.