W. Va. Code R. § 95-1-15 - Inmate Rights

15.1. Access to courts. Inmates shall have unlimited access to courts and to address uncensored communication to governmental authorities. Inmates seeking judicial or administrative redress shall not be subjected to reprisals or penalties as a consequence.

15.2. Attorneys. Sentenced and unsentenced inmates shall have access to attorneys or their representatives, paralegal and experts. Private Attorney/Client interview rooms shall be provided. Provisions shall be made for contacts during normal jail facility hours, for uncensored correspondence and telephone communication.

15.3. Access to legal materials. Inmates shall have access to appropriate legal materials. Provisions shall be made for reasonable and meaningful access to a library. The library shall include the following documents or their equivalent:

a. Black's Law Dictionary;

b. Legal Research in a Nutshell (latest ed.);

c. Federal Habeas Corpus, Sokol, (Michie);

d. Criminal Procedures in a Nutshell, Israel, Jerold J. and Lafave, Wayne R., St.Paul: West or a comparable service;

e. Constitutional Rights of Prisoners, Palmer, John W.,(with current supplement) Cin­cinnati: Anderson or a comparable service;

f. Criminal Law Hornbook, Lafave & Scott (West);

g. Court Rules;

h. W. Va. Code, Vols. 1-20, including Court Rules, with current supplements;

i. Southeastern Reporter (2nd series, 1960 to date);

j. Criminal Law Reporter, BNA;

k. U. S. Code, Annotated, Titles 18, 29 and 42;

l. Supreme Court Reporter (1960 to date);

m. Federal Reporter (2nd series, 1960 to date);

n. Federal Supplement (1970 to date);

o. Corpus Juris Secundum (Criminal Law sections only);

p. Modern Federal Practice Digest Second (Vols. 16-19, 22-32, 53-54, Table of Cases and Indexes); and,

q. Michie's Jurisprudence.

15.4. Access to paper and supplies. Inmates shall have access to paper and other supplies related to legal matters. Inmates shall be provided reasonable access to the services of a notary public for legal documents and other general purposes. There shall be no restricting or interfering with jailhouse lawyers or with inmates attempting to assist other inmates in legal matters. Such interaction of inmates is subject only to legitimate safety and security concerns.

15.5. Voting. Jail facility officials shall inform inmates on pre-trial status and those convicted of misdemeanors of their right to vote and offer them the opportunity to exercise that right.

15.6. Religious observance. Inmates shall have reasonable opportunities to practice their religion, with visits permitted by spiritual advisers at reasonable times. Provisions shall be made for inmates to observe the requirements of their faith.

15.7. Checking and savings accounts. Inmates are entitled to maintain checking and savings accounts.

15.8. Discrimination. Each inmate shall be free from discrimination based upon race, religion, national origin, sex, handicap, or political beliefs. Inmates shall have equal access to various programs and work assignments, and involvement in decisions concerning classification status. There shall be no discrimination in regard to the rights and privileges, restrictive housing, or any other amenities afforded to inmates.

15.9. Protection. Inmates shall be protected from personal abuse, corporal punishment, personal injury, disease, property damage and harassment. In instances where physical force or disciplinary detention is required, only the least restrictive means necessary to secure order or control shall be used. Administrative segregation shall be used to protect inmates from themselves or other inmates.

15.10. Inmate appearance. Inmates' personal appearance shall not be limited unless it presents clear health, safety or security hazards.

15.11. Grievance procedure. The jail facility shall have a written grievance procedure which is explained and available to inmates and staff. It shall give inmates an opportunity to seek redress for violations of jail facility rules and regulations or interference with the inmate's rights or privileges. The procedure shall include a provision for an investigation of the grievance and for a written response within a reasonable time (seventy-two (72) hours) and proper action taken to ensure fair resolution of complaints. The response shall state reasons for the response to the grievance. Unless grievances are clearly found to be in bad faith, the grievant shall have a personal opportunity to be heard before a decision on the grievance is made. If the grievance is denied, an appeal shall be available.

15.12. Good Time. Inmates sentenced to jail for a term exceeding six (6) months are entitled to good time. Inmates shall be presumed to have conducted themselves well and shall be entitled to good time credit unless they have a recorded history of misconduct. Jail facility authorities shall notify inmates of good time.

15.13. Due Process. No inmate shall be deprived of any good time credit for alleged misconduct unless they have first been afforded the following due process protection:

a. Written notice of the claimed violation;

b. Disclosure of the evidence against them;

c. An opportunity to be heard and to present witnesses and documentary evidence;

d. The right to confront and cross-examine adverse witnesses, unless the hearing officer specifically finds good cause for prohibiting confrontation;

e. A neutral and detached hearing officer;

f. A written statement by the fact-finders of the evidence relied upon and the reasons for discipline; and,

g. The right to counsel, if the state is represented by an attorney, and otherwise the right to be assisted by another inmate, staff member, lay advocate or paralegal.

Notes

W. Va. Code R. § 95-1-15