W. Va. Code R. § 95-1-11 - Security and Control
11.1. Manual.
Written policies and procedures for security and control, including procedures
for emergencies, shall be contained in a manual which is available to all staff
and is reviewed annually and updated as needed.
11.2. Control center. The jail facility shall
maintain a control center.
11.3.
Communication system. The jail facility shall have a communication system
between the control center and the inmate living areas.
11.4. Alarm system. The jail facility shall
have an emergency alarm system that is linked to the control center; signal
devices shall be located throughout the facility.
11.5. Secure perimeter. All security
perimeter entrances, control center doors and cell block doors which open into
a corridor shall be kept locked except when in use for admission or exit of
employees, inmates or visitors or during emergency conditions.
11.6. Electronic surveillance. When audio or
visual electronic surveillance is used, it shall be located primarily in
hallways, elevators, corridors or at points on the security perimeter, such as
entrances and exits.
11.7.
Immediate assistance. No staff member shall enter a high security cell block
without the availability of immediate assistance from another staff
member.
11.8. Inmate movement. Jail
facility staff shall regulate inmate movement.
11.9. Personal interaction. Written policies
and procedures shall facilitate personal contact and interaction between staff
and inmates. Supervision of inmates shall be conducted by staff of the same sex
whenever procedures require physical contact, examination or monitoring of
personal hygiene activities.
11.10. Staffing. The jail facility shall have
the staff needed to provide full coverage of designated security posts, full
surveillance of inmates, and to perform all ancillary functions.
11.11. Emergency response. Correctional
officers shall be located in or immediately adjacent to inmate living areas to
permit officers to hear and respond promptly to emergency situations.
11.12. Observation. Written policies and
procedures shall require that all high and medium security inmates shall be
personally observed by a correctional officer at least every thirty (30)
minutes, but on an irregular schedule. A schedule of observation at least every
fifteen (15) minutes shall be required for those inmates who are violent,
suicidal, mentally disordered or who demonstrate unusual or bizarre
behavior.
11.13. Daily record. The
jail facility administration shall maintain a written daily record of the
following:
a. Personnel on duty;
b. Inmate population count;
c. Admissions and release of
inmates;
d. Shift
activities;
e. Entry and exit of
physicians, attorneys and other visitors; and,
f. Unusual occurrences.
11.14. Daily inspections. Designated staff
shall visit and inspect every area of the facility daily, including holidays
and weekends, and report their findings in writing to designated officials with
recommendations for action or with notations of action taken.
11.15. Weekly inspections. The jail facility
administrator or his or her designee shall inspect all security facilities and
devices at least weekly and initiate corrective action if needed.
11.16. Searches. Written policies and
procedures shall provide for searches of facilities and inmates to control
contraband and provide for its disposition and to develop recommendations for
corrective action. Procedures shall provide that:
a. Manual or instrument inspection of inmate
body cavities is conducted only when there is reason to do so and when
authorized by the jail facility administrator or his or her designee;
b. Visual inspections are conducted only when
there is a reasonable belief that the inmate is carrying contraband or other
prohibited material;
c. Strip
searches are done without specific authorization only upon entry to the
facility and at all other times are based on articulated suspicion;
and,
d. All such inspections are
conducted in privacy and manual or instrumental inspection of body cavities is
done by medically trained personnel or correctional personnel trained by health
care personnel.
11.17.
Preservation of evidence. The procedures governing searches shall require the
preservation of evidence when a new crime is suspected. Searches shall be
authorized only by the administrator or his or her designee.
11.18. Search policy published. The jail
facility's policy regarding searches for the control of contraband shall be
published, made available to both staff and inmates, reviewed at least annually
and updated if necessary.
11.19.
Control of security equipment. Written policies and procedures shall govern the
availability, control and use of firearms, ammunition, chemical agents, "stun
guns", and related security devices, and require that sufficient security
equipment is available to meet the jail facility's needs.
11.20. Storage of security equipment. The
procedures shall provide that security equipment is stored in a secure but
readily accessible depository located outside inmate housing and activity
areas, and is inventoried at least monthly to determine condition and
expiration dates, if any there be.
11.21. Use of weapons. Written policies and
procedures shall be established regarding the use of weapons, and shall include
federal and state requirements, weapons security, weapons instructions and
inspections, use of deadly force, and other appropriate actions to be taken
regarding life threatening situations. The policies and procedures shall
include the following requirements:
a. Weapons
are subject to stringent safety regulations and inspections;
b. The secure weapons locker is located
outside the security perimeter of the facility;
c. Only during emergency situations are
firearms and weapons, such as nightsticks or gas guns, permitted in areas to
which inmates have access. At all other times, such weapons are maintained in
areas to which inmates do not have access;
d. Employees are instructed to use deadly
force only after other actions have been tried and found ineffective unless the
employee has reason to believe that a person's life is immediately threatened;
and,
e. Employees on duty only use
firearms or other security equipment which have been issued through the jail
facility and only when directed by or authorized by the jail facility
administrator or his or her designee.
11.22. Written record. Each jail facility
shall maintain a written record of both routine and emergency distribution of
security equipment.
11.23. Written
reports. Any employee who discharges a firearm, uses chemical agents or any
other weapons, or uses force to control any inmate shall submit a written
report to the jail facility administrator or his or her designee no later than
the conclusion of his or her tour of duty.
11.24. Injuries. All persons injured in an
incident shall receive an immediate medical examination and treatment, if
required.
11.25. Incident reports.
Written policies and procedures shall require prompt oral and written reporting
of all incidents that result in physical harm to, or which threaten the safety
of, any person in the facility, or which threaten the security of the
facility.
11.26. Keys. Written
policies and procedures shall govern the control and use of keys.
11.27. Tools. Written policies and procedures
shall govern the control and use of tools, culinary and medical
equipment.
11.28.
Correctional/Security posts. There shall be written orders for every
correctional/security post which are reviewed annually and updated if
necessary.
11.29. Post orders.
Procedures shall require that personnel read, sign and date the appropriate
post orders each time they assume a new post.
11.30. Escapes. Procedures regarding escapes
shall be available to all personnel, and shall be reviewed at least annually
and updated if necessary.
11.31.
Riots and other disturbances. There shall be plans that specify procedures to
be followed in situations including, but not limited to, riots, hunger strikes,
disturbances and the taking of a hostage. These plans shall be made available
to applicable personnel, and reviewed and updated at least annually.
11.32. Mass arrests. There shall be
procedures to be followed in the event of a mass arrest which results in the
admission of inmates in excess of the maximum capacity of the jail
facility.
11.33. Work stoppage.
There shall be a written plan that provides for continuing jail facility
operations in the event of a work stoppage or other job action. Copies of this
plan shall be available to all supervisory personnel, who are required to
familiarize themselves with it.
11.34. Physical force. Written policies and
procedures shall restrict the use of physical force to instances of justifiable
self-defense, protection of others, protection of property and prevention of
escapes, and only when it is necessary to control inmates and in accordance
with appropriate statutory authority. In no event is physical force justifiable
as punishment. Any employee who uses physical force shall prepare a written
report of the incident and submit it to the jail facility
administrator.
11.35. Mechanical
restraints. Instruments of restraint shall be used only as a precaution against
escape, during transfer or transport, for medical reasons by direction of the
medical officer, and as a preventive measure against inmate self-injury, injury
to others or property damage when there is approval from the facility
administrator or his or her designee. They shall be applied for only
the length of time necessary to regain control of the inmate.
11.36. Inmate authority. No inmate or group
of inmates shall be given control or authority over other inmates.
11.37. Shift reports. Correctional staff
members shall maintain a permanent log and prepare shift reports that record
routine and emergency situations, and unusual incidents.
11.38. Weekly inspection. The jail facility
administrator or his or her designee, the chief correctional officer, and other
department heads shall inspect the facility's living and activity areas at
least weekly.
11.39. Transportation
of inmates. When transportation is the responsibility of facility staff,
written policies and procedures shall govern the transportation of inmates
outside the facility.
11.40.
Facility vehicles. Written policies and procedures shall govern the use and
security of facility vehicles.
11.41. Personal vehicles. Written policies
and procedures shall govern the use of personal vehicles for official purposes,
including provision for insurance coverage.
Notes
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