Administrative Code

Virginia Administrative Code
5/28/2024

Part I. General Provisions

6VAC15-45-10. Definitions.

The following words and terms when used in this chapter shall have the following meaning unless the context clearly indicates otherwise:

"Appropriate heating" means temperatures appropriate to the summer and winter comfort zones.

"Appropriate lighting" means at least 20 foot-candles at desk level and in personal grooming area.

"Automatic smoke detection system" means a hard wired smoke alarm.

"Classification" means the process for determining inmate housing, custody, and program assignments.

"Communication system" means a mechanical audio transmission such as telephone, intercom, walkie talkie or TV monitor.

"Contraband" means any unauthorized item determined to be in the possession of an inmate or within a correctional facility and accessible to an inmate which is not acquired through approved channels or in prescribed amounts.

"Contractor" means any entity entering into or proposing to enter into a legal agreement to provide any correctional services to the Department of Corrections with respect to inmates under the custody of the Commonwealth.

"Control center" means a manned secure post which has responsibility for monitoring various security systems within the facility.

"Core programs" means services to fit the inmate's needs. Such services may include life skills, substance abuse programs, counseling services, sex offender counseling, and mental health programs.

"Daily log" means a written record for the recording of daily activities or unusual incidents.

"Deadly force" means the use of methods or means which are reasonably calculated to cause death or serious bodily injury.

"Department of Corrections" means the Virginia Department of Corrections.

"Facility" means any institution operated by or under the authority of the Department of Corrections.

"Facility perimeter" means the physical barrier separating the facility from the public and may include detection systems, guard towers, and lights.

"Foot-candle" means a unit for measuring the intensity of illumination defined as the amount of light thrown on a surface one foot away from the light source.

"Furnishings in inmate living areas" means items such as furniture, curtains, and trash receptacles.

"Grievance procedure" means the method by which inmates may formally address complaints to the facility administration.

"Hazardous material" means a chemical substance that will cause death, severe illness, or injury if used in an unsafe manner.

"Indigent inmate" means an inmate who has no financial means to purchase personal hygiene items or postage for mailing letters.

"Inmate living area" means cells, rooms, dormitories and day rooms.

"Inmate records" means written information concerning the individual's personal, criminal and medical history, behavior, and activities while in custody.

"Isolation" means a type of special housing assignment which, under the proper administrative process, is utilized for the disciplinary management of inmates.

"Medical screening" means an observation and interview process within the intake procedure designed to obtain pertinent information regarding an individual's health condition.

"Noncustodial staff" means individuals employed in non-security positions.

"Nondeadly force" means the use of methods or means which are reasonably calculated to cause neither death nor serious bodily injury.

"Organized system of information storage" means a method for the storage and retrieval of information.

"Permanent log" means a written record of a facility's activities which cannot be altered or destroyed subject to state law.

"Pharmaceuticals" means prescription and non-prescription drugs.

"Post order" means a list of specific job functions and responsibilities for security positions.

"Recreational activities" means any out-of-sleeping area activity ranging from scheduled outside or inside recreation to informal table top games.

"Qualified mental health professional" means a psychiatrist, psychologist, social worker, or nurse who is qualified, by virtue of appropriate training and experience, to render mental health services within their discipline.

"Serious incident" means a significant, unusual occurrence which demands the attention of facility staff. Such occurrence may be, but is not limited to, death/suicide, riot, escape, hostage taking, demonstration, discharge of firearm, sabotage, felonies committed by inmates, assault, sexual assault, self-mutilation, use of force, attempted suicide, and fires resulting in injury or property damage.

"Special housing" means bed assignments which are utilized for the purposes of disciplinary, protective or custodial management and secure confinement of inmates when a general population assignment is inappropriate or inadequate.

"Volunteer" means an individual who provides services to the facility without compensation.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 1.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-20. Applicability.

These standards shall apply to any entity entering into or proposing to enter into a contractual agreement to provide correctional services which consist in whole or in part of secure confinement of inmates under the custody of the Commonwealth.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 1.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-30. Legal standard.

Nothing contained in this chapter shall be construed as setting a legal standard for the management or operation of any facility for purposes of litigation by inmates.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 1.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-40. Responsibility.

The contractor shall be responsible for ensuring that the requirements described in these standards are implemented.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 1.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-50. Enforcement.

This chapter shall be enforced through the Board of Corrections regulation, 6VAC15-20-10 et seq., Rules and Regulations Governing the Certification Process.

Statutory Authority

§ 53.1-266 of the Code of Virginia.

Historical Notes

Derived from VR230-01-006 § 1.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

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