W. Va. Code R. § 95-1-19 - Classification

19.1. General. Written policies and procedures shall provide for inmate classification in terms of the level of custody required, housing assignments and participation in correctional programs. They shall be reviewed at least annually and updated as necessary.

19.2. Criteria and appeal. The inmate classification plan shall specify criteria and procedures for determining and changing the status of an inmate, including custody, transfers and major changes in programs. The plan shall include an appeals process for a classification decision.

19.3. Classification categories. The jail facility shall provide for the separate management of the following categories of inmates:

a. Male and female inmates;

b. Pre-trial and convicted inmates;

c. Felon and misdemeanant;

d. Other classes of detainees (witnesses, civil inmates);

e. Community custody inmates (work release, weekender, trustees);

f. Inmates with special problems (alcoholics, narcotic addicts, mentally ill persons, physically disabled persons, or persons with communicable diseases);

g. Inmates who require disciplinary detention;

h. Inmates who require administrative segregation;

i. Violent and non-violent inmates; and,

j. Juveniles.

19.4. Juveniles. Juveniles, who are subjected to trial as adults, if held in the jail facility, shall be separated by sight and sound from adult inmates, although they may be housed in the facility's structure. Juveniles who are not subject to trial as adults are not to be housed in the jail facility in accordance with W. Va. Code ''49-5-16 and 49-5-16a.

19.5. Discrimination. Segregation of inmates by race, color, creed, or national origin is prohibited.

Notes

W. Va. Code R. § 95-1-19