Compliance Analysis Overview

Board of Local and Regional Jails (804) 887-7850

P.O. BOX 26963

RICHMOND, VIRGINIA 23261

Charles Jett, Chair Charles Carey Cleopatra Lightfoot-Booker, PsyD, Vice Chair Michael Carrera

David Hackworth

Tiffany D. Jenkins

Anita M. Maybach, M.D.

Roland Sherrod, Jr., CPA

Amanda K. Trent, PhD

Joseph Tucker Jessica Vermont August 20, 2024

MEMORANDUM

To:

Commonwealth of Virginia Local and Regional Jails

From: Charlie Jett

Chair of the Board of Local and Regional Jails

Cleopatra Lightfoot-Booker

Vice Chair of the Board of Local and Regional Jails

Subject: 6VAC15-40-1045 Supervision of Inmates

The purpose of this memorandum is to provide all facilities under the purview of the State Board of Local and Regional Jails (BLRJ) with guidance on 6VAC15-40-1045., Supervision of Inmates.

The intent of this guidance is to provide clear and concise operational expectations on security checks and rounds that when completed properly mitigate the risk of escapes, harm to people and property, and exposure to liability.

6VAC15-40-1045., Supervision of Inmates currently reads, “All inmate 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 inmates or the entire housing area.”.

The following interpretation and guidance have been approved by BLRJ at its March 13, 2024, meeting.

The BLRJ views 6VAC15-40-1045 as being based upon the underlying principle of ensuring the general welfare and safety of inmates. Inspections required by this regulation shall therefore at a minimum, at least twice per hour, directly observe and verify that there is no visual evidence of the inmate being in distress. A complete security check of all housing areas occupied by inmates includes observing inmate behavior, checking on inmate well-being, and identifying any reasonably detectible maintenance, safety, and security issues.

During inspection, staff shall not allow any obstructions which prevent the ability to view the inmates and entire housing area. Inspections shall be completed by staff having a direct line of sight of inmates. Inspections shall visually verify the presence, safety, and levels of distress of an inmate.

While video surveillance and other current and future technologies are valuable supplementations and augmentations of the minimum requirements, they do not satisfy the requirements of 6VAC15-40-1045. In-person observation of each inmate by jail staff is required.

All sheriffs and superintendents will please ensure that all jail personnel are aware of and understand the BLRJ’s interpretational guidance of 6VAC15-40-1045. Effective, August, 2024, the BLRJ will be utilizing this interpretational guidance. Please address any questions to Tawana Ferguson, Regulatory Compliance Supervisor, at tawana.ferguson@vadoc.virginia.gov.

cc: Board of Local and Regional Jails

John Jones, Executive Director of Virginia Sheriff’s Association

Derek Almarode, President of Virginia Association of Regional Jails Brian Flaherty, Executive Director of the Board of Local and Regional Jails

Board of Local and Regional Jails (804) 887-7850

P.O. BOX 26963

RICHMOND, VIRGINIA 23261

Charles Jett, Chair Charles Carey Cleopatra Lightfoot-Booker, PsyD, Vice Chair Michael Carrera

David Hackworth

Tiffany D. Jenkins

Anita M. Maybach, M.D.

Roland Sherrod, Jr., CPA

Amanda K. Trent, PhD

Joseph Tucker Jessica Vermont August 20, 2024

MEMORANDUM

To:

Commonwealth of Virginia Local and Regional Jails

From: Charlie Jett

Chair of the Board of Local and Regional Jails

Cleopatra Lightfoot-Booker

Vice Chair of the Board of Local and Regional Jails

Subject: 6VAC15-40-1045 Supervision of Inmates

This memorandum provides BLRJ facilities guidance on 6VAC15-40-1045, Supervision of Inmates.

This guidance clarifies operational expectations for security checks and rounds to mitigate escapes, harm, and liability.

6VAC15-40-1045 states: Inspect inmate housing at least twice per hour at random, document inspections and incidents, and keep windows unobstructed for visibility.

BLRJ approved this guidance at its March 13, 2024, meeting.

BLRJ states 6VAC15-40-1045 aims to ensure inmate welfare and safety. Inspections twice per hour must observe inmate distress, behavior, well-being, and safety issues.

Staff shall not obstruct views during inspections, which must be by direct line of sight to verify inmate presence, safety, and distress.

Video and tech are supplements but do not replace in-person staff observation as required by 6VAC15-40-1045.

Sheriffs and superintendents must ensure staff understand the guidance, effective August 2024. Questions: Tawana Ferguson, tawana.ferguson@vadoc.virginia.gov.

cc: Board of Local and Regional Jails

John Jones, Executive Director of Virginia Sheriff’s Association

Derek Almarode, Pres. of Virginia Assoc. of Regional Jails; Brian Flaherty, Exec. Dir. of BLRJ

Board of Corrections Compliance Documentation for 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.

Compliance Documentation:

• Interview staff

6VAC15-40-1220. Coverage – When the lockup is occupied, at least one employee shall be present at all times. LHS

Compliance Documentation:

• Interview staff

6VAC15-40-1230. Search Requirements – The facility shall comply with the search requirements included in §19.2-59.1 of the Code of Virginia.

Compliance Documentation:

• Interview staff

6VAC15-40-1240. Inspection Requirements – Weekly inspections shall be conducted and documented of bars, locks, and all security devices. LHS

Compliance Documentation:

• Review documentation of weekly inspections

6VAC15-40-1250. Commitment and Release – A written record shall be maintained of all detainees confined in the lockup. The written record shall include name, date, and times of commitment and release.

Compliance Documentation:

• Review written records

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. 1 Compliance Documentation:

• Review written records

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.

Compliance Documentation:

• Review written policy and procedures
• Review phone logs
• Observation
• Interview staff

6VAC15-40-1280. Juvenile Detention – A lockup shall detain juveniles in strict compliance with §16.1-249, Code of Virginia, and shall include continuous, direct supervision. LHS

Compliance Documentation (if applicable):

• Review Board of Corrections certificate

6VAC15-40-1290. Separate Housing – Males, females and juveniles shall be housed separately. LHS

Compliance Documentation:

• Observation
• Interview staff

6VAC15-40-1300. Protection of Detainees – Written policy shall ensure the protection of detainees appearing to be vulnerable to physical or sexual attack. LHS

Compliance Documentation:

• Review written policy

6VAC15-40-1310. Emergency Medical and Mental Health Care – Written policy and procedures shall provide 24-hour emergency medical and mental health care availability. LHS

Compliance Documentation:

• Review written policy and procedures 2
• Review incident reports (if applicable)
• Interview staff

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. LHS

Compliance Documentation:

• Review documentation of random checks
• Observation of housing areas
• Interview staff

6VAC15-40-1330. Attorney Visits – Written policy and procedures shall ensure that attorneys are permitted to have confidential visits with detainees.

Compliance Documentation:

• Review written policy and procedures

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. LHS

Compliance Documentation:

• Review written policy and procedures
• Interview staff

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.

Compliance Documentation:

• Review serious incident reports
• Review documentation verifying initial report made within 24 hours to the local facilities supervisor
• Interview staff or local facilities supervisor 3 6VAC15-40-1360. Detainee Cleanliness – A detainee shall have access to a washbasin and toilet facility. LHS

Compliance Documentation:

• Observation

6VAC15-40-1370. Facility Cleanliness – The detention area shall be maintained in a clean, dry, hazard free manner. LHS

Compliance Documentation:

• Observation

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. LHS

Compliance Documentation:

• Review fire safety inspection reports
• Review plan of action for all violations and documentation of approval by the State Fire Marshal’s Office or local approved fire marshal
• Interview staff 4

Board of Corrections Compliance Documentation for Lockups 6VAC15-40-1210. Responsibility – The chief of police or sheriff shall ensure the lockup fully complies with this chapter.

Compliance Documentation:

• Interview staff

6VAC15-40-1220. Coverage – When the lockup is occupied, at least one employee shall be present at all times. LHS

Compliance Documentation:

• Interview staff

6VAC15-40-1230. Search Requirements – The facility shall follow search requirements in §19.2-59.1 of Virginia Code.

Compliance Documentation:

• Interview staff

6VAC15-40-1240. Inspection Requirements – Weekly inspections shall be conducted and documented of bars, locks, and all security devices. LHS

Compliance Documentation:

• Review documentation of weekly inspections

6VAC15-40-1250. Commitment and Release – Maintain a written record of all detainees, including name, date, and times of commitment and release.

Compliance Documentation:

• Review written records

6VAC15-40-1260. Property and Funds – Policies shall govern detainee property and funds; detainees shall sign for property upon admission and release, with refusals witnessed and documented.

• Review written records

6VAC15-40-1270. Telephone Calls During Admissions – Policies shall allow capable detainees to make at least two calls during admission, with accommodations for non-English, hearing, or visually impaired detainees.

Compliance Documentation:

• Review written policy and procedures
• Review phone logs
• Observation
• Interview staff

6VAC15-40-1280. Juvenile Detention – A lockup shall detain juveniles in strict compliance with §16.1-249, Code of Virginia, and shall include continuous, direct supervision. LHS

Compliance Documentation (if applicable):

• Review Corrections certificate

6VAC15-40-1290. Separate Housing – Males, females and juveniles shall be housed separately. LHS

Compliance Documentation:

• Observation
• Interview staff

6VAC15-40-1300. Protection of Detainees – Written policy shall ensure the protection of detainees appearing to be vulnerable to physical or sexual attack. LHS

Compliance Documentation:

• Review written policy

6VAC15-40-1310. Emergency Medical and Mental Health Care – Written policy and procedures shall provide 24-hour emergency medical and mental health care availability. LHS

Compliance Documentation:

• Review policies and procedures
• Review incident reports (if applicable)
• Interview staff

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. LHS

Compliance Documentation:

• Review documentation of random checks
• Observation of housing areas
• Interview staff

6VAC15-40-1330. Attorney Visits – Policies shall ensure confidential attorney visits with detainees.

Compliance Documentation:

• Review written policy and procedures

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. LHS

Compliance Documentation:

• Review written policy and procedures
• Interview staff

6VAC15-40-1350. Serious Incident Report – Detailed reports of deaths, firearm discharges, releases, escapes, fires, hostage situations, and recaptures shall be submitted within 24 hours to the supervisor, with full reports afterward.

Compliance Documentation:

• Review serious incident reports
• Review documentation verifying initial report within 24 hours to local facilities supervisor
• Interview staff or local facilities supervisor 3 6VAC15-40-1360. Detainee Cleanliness – A detainee shall have access to a washbasin and toilet facility. LHS

Compliance Documentation:

• Observation

6VAC15-40-1370. Facility Cleanliness – The detention area shall be maintained in a clean, dry, hazard free manner. LHS

Compliance Documentation:

• Observation

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. LHS

Compliance Documentation:

• Review fire safety inspection reports
• Review plan of action for violations and approval documentation by the State Fire Marshal’s Office or local fire marshal
• Interview staff 4

STATE BOARDB OF COORRECTIONS BOARDD POLICY NUMMBER: 30-3 SUBJECCT: Review off Death of Inmmates in Locaal Correctionaal Facilities DATE: October 1, 20017

30-3.1 POLICY The Board of Corrections hash the respoonsibility to rreview the deeath of any innmate who was inccarcerated in a local correectional faciliity at the timme of death orr cause of de ath in order to deteermine the cirrcumstances surroundings tthe inmate's ddeath, includiing identifyinng any act or omisssion by the facilityf or anny employee or agent the reof that mayy have direcctly or indirectly coontributed too the inmate''s death, andd whether thhe facility annd employee((s) or agent(s) werre acting or opperating in coompliance witth the regulatiions promulggated by the BBoard.

30-3.2 AUTHORITTY Code of Virginia,V Sections

53.1-5, PowersP and DutiesD of Boarrd

53.1-6, BoardB may addminister oathhs, conduct h earings and isssue subpoennas

53.1-69,, Board may prohibitp confiinement and rrequire transffer of prisonerrs in substanddard facilities

53.1-69..1, Review off death of inmmates in local correctional ffacilities

53.1-70,, Jurisdiction of court to ennforce orders of Board; prooceedings

53.1-1255, Failure of sheriffss or jail superintenddents to complly with requirrements of booard; filing of coomplaint; withhholding salaary

30-3.3 REFERENCCES

6VAC155-40-110, Serrious Incidentt Reports

30-3.4 IMPLEMENNTING PROCCEDURES

A. Adminnistration

1. Thiis policy is developedd and implemented in accord ance with suubdivision 5 of §53.1-5 foor the revview of the deeath of any inmatei that thhe Board dettermines warrrants review that occurs iin any local, regional, oro communityy correctionall facility. Forr purposes of this policy, innmate is definned as anyy person undeer the custodyy and control of any local, regional, or community ccorrectional faacility or lockupl authorrized by the VirginiaV Boardd of Correctioons for the coonfinement off prisoners.
2. Thee Chairman ofo the Board ofo Correctionss shall designnate three Boaard members to serve on thhe Jail Revview Committtee.
3. Thee Departmentt of Corrections shall desiggnate staff to sserve as the JJail Review UUnit. a. Jail Review UnitU staff shaall conduct reeviews of jaill incidents unnder the authoority and gui dance of the Board of Correctionns and the Jail Review Commmittee. b. The Certificcation Supervvisor of the Compliancee and Accreeditation Uniit, Departmeent of Corrections (DOC)( shall providep adminnistrative suppervision as reequired. c. Jail Review Unit staff and any other DOCD staff coonducting revviews under t his policy shhall be considered aggents of the BoardB of Corrrections.
4. On motion and vote by the BoardB of Corrrections, the Jail Review Committee mmay be direc ted to revview and repoort to the Booard on otheer serious inccidents reporrtable under §6VAC15-400-110, Serrious Incident Reports, suuch as dischaarge of firearrms, erroneouus releases, eescapes, firess, and hosstage situationns. Board Policy Number: 30-3 Page 2 of 4

B. Notification and Initial Review of Inmate Deaths

1. In accordance with the Minimum Standards for Jails and Lockups, §6VAC15-40-110, Serious Incident Reports, the pertinent facts of deaths and other serious incidents are reported to the Certification Supervisor of the Compliance and Accreditation Unit, Department of Corrections (DOC). Inmate deaths should be reported using the Report of Inmate Death (see Attachment 1)
2. Upon receiving notification of an inmate death, the Certification Supervisor or designee shall forward the report to the Jail Review Unit.
3. The Jail Review Unit shall review the report and gather additional information from the facility and other sources, as needed, to determine the initial category of death.
4. Jail Review Unit staff shall communicate their initial findings to the Jail Review Committee of the Board of Corrections using the Initial Death Review Checklist (see Attachment 2).
5. The Jail Review Committee shall provide guidance to the Jail Review Unit staff whether to consider the review complete i.e., death due to normal progression of a chronic illness, or whether further review is needed.
6. If the review of an inmate death is closed after the Initial Review, it may be re-opened if additional information becomes available that indicates further review is warranted.

C. Death Review

1. If the Jail Review Committee determines that a full review is needed for a specific inmate death, Jail Review Unit staff shall conduct an administrative quality assurance review to determine the circumstances surrounding the inmate's death, including identifying any act or omission by the facility or any employee or agent thereof that may have directly or indirectly contributed to the inmate's death, and whether the facility and employee(s) or agent(s) were acting or operating in compliance with the regulations promulgated by the Board.
2. A review conducted by Jail Review Unit staff shall be separate and apart from any criminal investigation related to the incident.
3. If Jail Review Unit staff are unable to conduct a particular review because of another or other ongoing jail review(s) by the Jail Review Unit, the Board may request that the DOC assist in the conduct of such review.
4. Staff conducting death reviews in accordance with this policy shall be considered agents of the Board of Corrections operating under the authority of COV §53.1-6.
5. In conducting a death review, staff should collect all relevant information including but not limited to: a. Intake Records b. Medical/Mental Health Records c. Inmate Requests, Complaints, Grievances d. Visitor Logs e. Phone Calls and any other Electronic Communications f. Inspection Notes g. Jail Reports, Records, Logs h. Inmate Records i. Video Footage j. Medical Examiner Reports k. Staff Interviews l. Witness Interviews m. Court Records Board Policy Number: 30-3 Page 3 of 4

n. Any other relevant records, reports, or interviews

1. If Jail Review Unit staff determines during the conduct of a death review that it is necessary to review the operation of an entity other than the local correctional facility in order to complete the review, they shall communicate with the Jail Review Committee for the Board to request that the Office of the State Inspector General review the operation of such entity if such entity falls within the authority vested in the Office of the State Inspector General pursuant to Chapter 3.2 (§ 2.2-307 et seq.) of Title 2.2.
2. Staff shall maintain the confidentiality of any confidential records or information obtained from a facility during the course of a review in accordance with state and federal law.

D. Reporting

1. Upon completion of a death review, Jail Review Unit staff shall prepare a detailed report of the findings of the review for immediate submission to the Board of Corrections Chairman and the Jail Review Committee. The Chairman shall determine if Board action is needed prior to the next scheduled Board meeting and initiate proceedings as appropriate.
2. Other than reports presented in public meetings of the Board of Corrections, all reports of death reviews conducted under this policy are excluded from the mandatory disclosure provisions of the Virginia Freedom of Information Act (VFOIA).
3. Jail Review Unit staff shall make a summary report at each Board of Corrections meeting to include reported deaths since the last meeting, initial reviews that did not proceed to full reviews, reviews completed since the previous meeting, and reviews currently active.

E. Board Actions

1. The Board shall evaluate each death review report to determine its adequacy and appropriateness under Board policies and procedures and whether there is any need for changes to the minimum standards for the construction, equipment, administration, and operation of local correctional facilities in order to prevent problems, abuses, and deficiencies in and improve the effectiveness of such facilities in preventing such deaths.
2. The Board may issue any order authorized under §53.1-69 to correct any failure by employees, agents or the facility to comply with the Board's regulations.
3. Consistent with the requirements of the VFOIA, discussion of specific death review reports by the Board may be held in closed meetings conducted in accordance with §2.2-3711 to maintain the confidentiality of any confidential records or information obtained from a facility during the course of a review.
4. After evaluation by the Board, the Jail Review Unit staff shall prepare a detailed report of the findings of any review, which shall be approved by the Jail Review Committee and submitted to the Governor, the Speaker of the House of Delegates, and the President pro tempore of the Senate.

Such report may contain intended changes to the minimum standards for the construction, equipment, administration, and operation of local correctional facilities in order to prevent problems, abuses, and deficiencies in and improve the effectiveness of such facilities in preventing avoidable deaths in custody.

1. Any changes needed to the minimum standards for the construction, equipment, administration, and operation of local correctional facilities shall be communicated by the Board of Corrections to the DOC Agency Regulatory Coordinator to be initiated through the Administrative Process Act.

30-3.5 EFFECTIVE DATE

October 1, 2017 Board Policy Number: 30-3 Page 4 of 4

30-3.6 SUPERSESSION

First Issue

30-3.7 REVIEW DATE This policy must be reviewed and updated as necessary.

Adopted by the Board of Corrections on September 20, 2017.

A. Signature Copy on File Signature Copy on File Phyllis J. Randall, Chairman Board of Corrections VIRGINIAV STATE BOARD OF CORRRECTIONS Effectivee Date: October 11, 2017 ReportR of Inmaate Death Board PPolicy Numberr 30-3 Attachmment 1

Report ofo Inmate DDeath

Inmmate Name: DOC Nuumber: Faciility: Intak e Date: Datee of Birth: Date/Time of Death: Chaarge(s): Senttence: Houusing Status: Leg al Convicted/C not Jail State Otther Intaake Prre-trial Statuus: sentenceds Sentencce Senteence (Preliminaryy Typpe of Death assumption)): Suiciide Homicidee Accidental Natuural Loc ation of Death: Inmate Living Segregatioon Cell HHospital Work Arrea OOther Area Ageencies investigaating this inciddent: Synnopsis of Incident:

Perssons Involved: Namme: Sttatus: (Officer, Nurse,N Inmate, eetc.) Involvement: (Witness, Suspeect, etc.)

Repport Submittedd By:

NameN Printed Tiitle Daate Conntact for Additional Information:

Name PrintedP Title

TelephoneT Nummber/Extensionn Email Addrress

1 of 1 RRevision Date: 88/22/17 VIRGINIIA STATE BOARDD OF CORRECTIONNS EEffective Date: OOctober 1, 2017 Initial DeathD Review ChecklistC Board Policy NNumber 30-3 Attachment 2

Iniitial Deathh Review CChecklist

Inmmate Name: DOC Nuumber: Faciility: Intakee Date: Datee of Birth: Date/Time of Death: Chaarge(s): Senttence: Leg al Convicted/C not Jail Staate OOther Intaake Pree-trial Stattus: sentenced Sentencce Senntence (Preliminary Typpe of Death assumption): Suicide Homicide AAccidental Natuural Loc ation of Inmate Livingg Segreegation Other Hospital Work Areaa Deaath: Area Cell Oth er agencies invvestigating thiss incident: Synnopsis of Incident:

Per sons Involvedd: Namme: Sttatus: (Officer, Nurse,N Inmate, eetc.) Involvement: (Witness, Suspeect, etc.)

Infoormation Collected and Revviewed: IIncident Reporrt Medical/MHH Records Inmate Re quests, Grievaances IIntake Recordss Medical Exaaminer Reportss Visitor Lo gs JJail Reports, Records,R Logs Inmate Records Phone Cal ls IInspection Nottes Staff Intervieews Witness Innterviews VVideo Footagee Other:

1 of 2 Revisioon Date: 8/9/17 VIRGINIIA STATE BOARDD OF CORRECTIONNS EEffective Date: OOctober 1, 2017 Initial DeathD Review ChecklistC Board Policy NNumber 30-3 Attachment 2

Jaill Review Unit Observations:

Anyy Violations off Jail Standards Related Too This Incident:

TThe Jail Revieew Unit recommmends that thhis Review be closed at the Initial Revieww stage.

TThe Jail Revieew Unit recommmends that fuurther revieww of this incideent is needed.

Commments (Includee recommendations of other agencies to be incluuded in the revieew):

Cheecklist submittted to the Boaard of Correcttions Jail Reviiew Committeee:

By:

Namme Printed Signatuure Daate

Jaill Review Committee Actions: TThis Review iss closed at the InitialI Review stage.

FFurther revieww of this incidennt is needed.

Commments (Includee other agencies to be included ini the review):

Jail Review Commmittee memberss:

Naame Name Name Date

2 of 2 Revisioon Date: 8/9/17

STATE BOARDB OF COORRECTIONS BOARDD POLICY NUMMBER: 30-3 SUBJECCT: Review off Death of Inmmates in Locaal Correctionaal Facilities DATE: October 1, 20017

30-3.1 POLICY The Board of Corrections hash the respoonsibility to rreview the deeath of any innmate who was inccarcerated in a local correectional faciliity at the timme of death orr cause of de ath in order to deteermine the cirrcumstances surroundings tthe inmate's ddeath, includiing identifyinng any act or omisssion by the facilityf or anny employee or agent the reof that mayy have direcctly or indirectly coontributed too the inmate''s death, andd whether thhe facility annd employee((s) or agent(s) werre acting or opperating in coompliance witth the regulatiions promulggated by the BBoard.

30-3.2 AUTHORITTY Code of Virginia,V Sections

53.1-5, PowersP and DutiesD of Boarrd

53.1-6, BoardB may addminister oathhs, conduct h earings and isssue subpoennas

53.1-69,, Board may prohibitp confiinement and rrequire transffer of prisonerrs in substanddard facilities

53.1-69..1, Review off death of inmmates in local correctional ffacilities

53.1-70, Jurisdiction of court to enforce orders; proceedings

53.1-1255, Failure of sheriffss or jail superintenddents to complly with requirrements of booard; filing of coomplaint; withhholding salaary

30-3.3 REFERENCCES

6VAC155-40-110, Serrious Incidentt Reports

30-3.4 IMPLEMENNTING PROCCEDURES

A. Adminnistration

1. Thiis policy is developedd and implemented in accord ance with suubdivision 5 of §53.1-5 foor the revview of the deeath of any inmatei that thhe Board dettermines warrrants review that occurs iin any local, regional, oro communityy correctionall facility. Forr purposes of this policy, innmate is definned as anyy person undeer the custodyy and control of any local, regional, or community ccorrectional faacility or lockupl authorrized by the VirginiaV Boardd of Correctioons for the coonfinement off prisoners.
2. Thee Chairman ofo the Board ofo Correctionss shall designnate three Boaard members to serve on thhe Jail Revview Committtee.
3. Thee Departmentt of Corrections shall desiggnate staff to sserve as the JJail Review UUnit. a. Jail Review UnitU staff shaall conduct reeviews of jaill incidents unnder the authoority and gui dance of the Board of Correctionns and the Jail Review Commmittee. b. The Certificcation Supervvisor of the Compliancee and Accreeditation Uniit, Departmeent of Corrections (DOC)( shall providep adminnistrative suppervision as reequired. c. Jail Review Unit staff and any other DOCD staff coonducting revviews under t his policy shhall be considered aggents of the BoardB of Corrrections.
4. On motion and vote by the BoardB of Corrrections, the Jail Review Committee mmay be direc ted to revview and repoort to the Booard on otheer serious inccidents reporrtable under §6VAC15-400-110, Serrious Incident Reports, suuch as dischaarge of firearrms, erroneouus releases, eescapes, firess, and hosstage situationns. Board Policy Number: 30-3 Page 2 of 4

B. Notification and Initial Review of Inmate Deaths

1. Per §6VAC15-40-110, Serious Incident Reports, facts of deaths and incidents are reported to the Certification Supervisor of the DOC Compliance and Accreditation Unit. Inmate deaths are reported via the Report of Inmate Death (Attachment 1).
2. Upon inmate death notification, the Certification Supervisor or designee shall forward the report to the Jail Review Unit.
3. The Jail Review Unit shall review the report and gather additional information to determine the initial death category.
4. Jail Review Unit staff shall communicate initial findings to the Jail Review Committee using the Initial Death Review Checklist (see Attachment 2).
5. The Jail Review Committee shall guide Jail Review Unit staff on whether the review is complete (e.g., death due to chronic illness) or needs further review.
6. A closed inmate death review after Initial Review may be re-opened if new information warrants further review.

C. Death Review

1. If the Jail Review Committee determines that a full review is needed for a specific inmate death, Jail Review Unit staff shall conduct an administrative quality assurance review to determine the circumstances surrounding the inmate's death, including identifying any act or omission by the facility or any employee or agent thereof that may have directly or indirectly contributed to the inmate's death, and whether the facility and employee(s) or agent(s) were acting or operating in compliance with the regulations promulgated by the Board.
2. Jail Review Unit staff's review shall be separate from any criminal investigation.
3. If staff cannot conduct a review due to ongoing Jail Review Unit reviews, the Board may request DOC assistance.
4. Staff conducting death reviews are agents of the Board of Corrections under COV §53.1-6.
5. In conducting a death review, staff should collect all relevant information including but not limited to: a. Intake Records b. Medical/Mental Health Records c. Inmate Requests, Complaints, Grievances d. Visitor Logs e. Phone Calls and any other Electronic Communications f. Inspection Notes g. Jail Reports, Records, Logs h. Inmate Records i. Video Footage j. Medical Examiner Reports k. Staff Interviews l. Witness Interviews m. Court Records Board Policy Number: 30-3 Page 3 of 4

n. Any other relevant records, reports, or interviews

1. If staff need to review an entity outside the facility, they shall request the Jail Review Committee to ask the Office of the State Inspector General to review it under Chapter 3.2 (§ 2.2-307) of Title 2.2.
2. Staff shall keep confidential any records or info obtained during review per state and federal law.

D. Reporting

1. Upon completion of a death review, Jail Review Unit staff shall prepare a detailed report of the findings of the review for immediate submission to the Board of Corrections Chairman and the Jail Review Committee. The Chairman shall determine if Board action is needed prior to the next scheduled Board meeting and initiate proceedings as appropriate.
2. Except for public Board meetings, death review reports are exempt from VFOIA disclosure requirements.
3. At each Board meeting, staff shall report deaths since last meeting, initial reviews not proceeding, completed reviews, and active reviews.

E. Board Actions

1. The Board shall evaluate each report for adequacy and appropriateness, and consider changes to standards for facilities to prevent problems, abuses, deficiencies, and improve effectiveness.
2. The Board may issue any order authorized under §53.1-69 to correct any failure by employees, agents or the facility to comply with the Board's regulations.
3. Under VFOIA, Board discussions of death reviews may be in closed meetings per §2.2-3711 to protect confidential records or info.
4. Post-evaluation, staff shall prepare a detailed report, approved by the Committee, and submit to the Governor, House Speaker, and Senate President pro tempore.

Such report may contain intended changes to the minimum standards for the construction, equipment, administration, and operation of local correctional facilities in order to prevent problems, abuses, and deficiencies in and improve the effectiveness of such facilities in preventing avoidable deaths in custody.

1. The Board shall communicate needed changes to the DOC Regulatory Coordinator for initiation via the Administrative Process Act.

30-3.5 EFFECTIVE DATE

October 1, 2017 Board Policy Number: 30-3 Page 4 of 4

30-3.6 SUPERSESSION

First Issue

30-3.7 REVIEW DATE This policy must be reviewed and updated as necessary.

Adopted by the Board of Corrections on September 20, 2017.

A. Signature Copy on File Signature Copy on File Phyllis J. Randall, Chairman Board of Corrections VIRGINIAV STATE BOARD OF CORRRECTIONS Effectivee Date: October 11, 2017 ReportR of Inmaate Death Board PPolicy Numberr 30-3 Attachmment 1

Report ofo Inmate DDeath

Inmmate Name: DOC Nuumber: Faciility: Intak e Date: Datee of Birth: Date/Time of Death: Chaarge(s): Senttence: Houusing Status: Leg al Convicted/C not Jail State Otther Intaake Prre-trial Statuus: sentenceds Sentencce Senteence (Preliminaryy Typpe of Death assumption)): Suiciide Homicidee Accidental Natuural Loc ation of Death: Inmate Living Segregatioon Cell HHospital Work Arrea OOther Area Ageencies investigaating this inciddent: Synnopsis of Incident:

Perssons Involved: Namme: Sttatus: (Officer, Nurse,N Inmate, eetc.) Involvement: (Witness, Suspeect, etc.)

Repport Submittedd By:

NameN Printed Tiitle Daate Conntact for Additional Information:

Name PrintedP Title

TelephoneT Nummber/Extensionn Email Addrress

1 of 1 RRevision Date: 88/22/17 VIRGINIIA STATE BOARDD OF CORRECTIONNS EEffective Date: OOctober 1, 2017 Initial DeathD Review ChecklistC Board Policy NNumber 30-3 Attachment 2

Iniitial Deathh Review CChecklist

Inmmate Name: DOC Nuumber: Faciility: Intakee Date: Datee of Birth: Date/Time of Death: Chaarge(s): Senttence: Leg al Convicted/C not Jail Staate OOther Intaake Pree-trial Stattus: sentenced Sentencce Senntence (Preliminary Typpe of Death assumption): Suicide Homicide AAccidental Natuural Loc ation of Inmate Livingg Segreegation Other Hospital Work Areaa Deaath: Area Cell Oth er agencies invvestigating thiss incident: Synnopsis of Incident:

Per sons Involvedd: Namme: Sttatus: (Officer, Nurse,N Inmate, eetc.) Involvement: (Witness, Suspeect, etc.)

Infoormation Collected and Revviewed: IIncident Reporrt Medical/MHH Records Inmate Re quests, Grievaances IIntake Recordss Medical Exaaminer Reportss Visitor Lo gs JJail Reports, Records,R Logs Inmate Records Phone Cal ls IInspection Nottes Staff Intervieews Witness Innterviews VVideo Footagee Other:

1 of 2 Revisioon Date: 8/9/17 VIRGINIIA STATE BOARDD OF CORRECTIONNS EEffective Date: OOctober 1, 2017 Initial DeathD Review ChecklistC Board Policy NNumber 30-3 Attachment 2

Jaill Review Unit Observations:

Anyy Violations off Jail Standards Related Too This Incident:

The Jail Review Unit recommends closing this review at the Initial Review stage.

The Jail Review Unit recommends further review of this incident.

Comments (Include recommendations of other agencies in review):

Cheecklist submittted to the Boaard of Correcttions Jail Reviiew Committeee:

By:

Namme Printed Signatuure Daate

Jaill Review Committee Actions: TThis Review iss closed at the InitialI Review stage.

FFurther revieww of this incidennt is needed.

Commments (Includee other agencies to be included ini the review):

Jail Review Commmittee memberss:

Naame Name Name Date

2 of 2 Revisioon Date: 8/9/17

Board of Corrections Compliance Documentation for Jails

6VAC15-40-5. Compliance Documentation – The elements listed in the compliance documentation shall be interpreted as part of the standard. If facility policy exceeds the requirement of the standard, the facility will be held to the content of such policy. 6VAC15-40-10. Definitions – See Definitions document. 6VAC15-40-20. Responsibility – The primary responsibility for application of these standards shall be with the sheriff or chief executive officer of the jail or lockup. 6VAC15-40-30. Requirement for Written Statement – The facility shall have a written statement and policy discussing its philosophy, goals and objectives. The written statement shall be reviewed every 12 months by administrative staff.

Compliance Documentation:

• Review written statement and policy
• Review documentation of 12 month administrative staff review
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-40. Policy and Procedures Manual – Written policy and procedures shall be maintained and available 24 hours a day to all staff. The facility’s policies and procedures shall be reviewed every 12 months by administrative staff and updated to keep current with changes.

Compliance Documentation:

• Review policy and procedures manual
• Review documentation of availability to staff
• Review documentation of 12 month administrative staff review
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-50. Chief Executive Officer – Written policy shall provide that each facility shall be headed by a single chief executive officer to whom all employees and functional units are responsible. 1 Compliance Documentation:

• Review written policy
• Review organizational chart
• Interview staff

6VAC15-40-60. Annual Report – A written annual report of the availability of services and programs to inmates shall be reviewed by the facility administrator and provided to the sentencing courts and may be provided to relevant community agencies.

Compliance Documentation:

• Review annual report
• Review documentation of facility administrator’s review
• Review documentation of distribution to courts and community agencies
• Interview staff

Further Information: Refer to definition of annual.

6VAC15-40-70. Release of Information – Written policies and procedures covering the release of information shall be developed in accordance with the Regulations Relating to Criminal History Record Information Use and Security (6VAC20-120-10 et seq.) as promulgated by the Criminal Justice Services Board.

Compliance Documentation:

• Review written policy and procedure
• Review dissemination log; Regulations require the following fields: a) Date of inquiry; (b) Requesting agency name and address; (c) Identifying name and number (either FBI or state identification number of record subject, or notification of “no record found”); (d) Name of requester within the agency requesting criminal history record information; and (e) Name of disseminator (officer or civilian who provides the criminal history record information to the requester)
• Interview staff

Further Information: Refer to definition of correctional status information. This information is not considered criminal record information and does not need to be recorded in a log. Refer to definition of criminal history record information.

6VAC15-40-80. Current and Accurate Inmate Records – Written policy, procedure, and practice shall ensure that inmate records are current and accurate.

Compliance Documentation:

• Review written policy and procedures 2
• Review inmate records (see 6VAC15-40-90 for number of records to be reviewed)

6VAC15-40-90. Content of Personal Inmate Records – Personal records shall be maintained on all inmates committed or assigned to the facility. Inmate records shall be kept confidential, securely maintained, and in good order to facilitate timely access by staff. Inmate records shall contain, but not be limited to:

1. Inmate data form;
2. Commitment form or court order, or both;
3. Records developed as a result of classification;
4. All disciplinary actions, or unusual incidents;
5. Work record and program involvement;
6. Copies of inmates’ property expenditure records and receipts; and
7. Victim notification, if applicable.

Compliance Documentation:

• Review inmate records (can be paper files or automated records) – Population

Records Reviewed 1-35 5 minimum 36-99 10 minimum 100-299 15 minimum 300-499

20 minimum 500 +

25 minimum

• Observe records storage
• Interview staff

6VAC15-40-100. Daily Logs – The facility shall maintain a daily log(s) that records the following information:

1. Inmate count and location, to be verified with a minimum of one formal count per shift, observing flesh and movement;
2. Intake and release of inmates;
3. Entries and exits of physicians, attorneys, ministers, and other nonfacility personnel; and
4. Any unusual incidents that result in physical harm to, or threaten the safety of, any person or the security of the facility.

Compliance Documentation:

• Review daily count sheets
• Review intake and release records
• Review professional log
• Review incident reports/logs
• Interview staff

Further Information: The definition of shift will be at the discretion of each facility, e.g. 8, 10, 12 hours. 3 6VAC15-40-110. Serious Incident Reports – A report setting forth in detail the pertinent facts of deaths, discharging of firearms, erroneous releases, escapes, fires requiring evacuation of inmates, hostage situations, and recapture of escapees shall be reported to the Local Facilities Supervisor of the Compliance and Accreditation Unit, Department of Corrections (DOC), or designee. The initial report shall be made within 24 hours and a full report submitted at the end of the investigation.

Compliance Documentation:

• Review serious incident reports
• Review documentation verifying initial report made within 24 hours to the Local Facilities Supervisor
• Interview staff or Local Facilities Supervisor

6VAC15-40-120. Classification – A. Written policy, procedure, and practice shall ensure the following:

1. Classification of inmates as to level of housing assignment and participation in correctional programs;
2. Separate living quarters for males, females and juveniles;
3. Inmates are not segregated by race, color, creed or national origin;
4. Security permitting, equal access to all programs and activities, through separate scheduling, or other utilization of combined programs under supervision; and
5. Any exception to the above is documented.

B. If the facility is using objective classification, then the provisions of this subsection shall be followed:

1. Classification is conducted upon intake and prior to final housing assignment;
2. Classification determines the custody level and housing assignment;
3. Classification is conducted through inmate interviews and the use of data collection instruments or forms, which are maintained on file;
4. Classification instruments enable objective evaluation and/or scoring of: a. Current offenses. b. Prior convictions. c. History of assaultive behavior. d. Escape history. e. Prior institutional adjustment. f. Court status and pending charges. g. Mental health or medical treatment history or needs. h. Identified stability factors.
5. The classification system includes administrative review of decisions and periodic reclassification and override procedures that are documented and maintained on file.
6. The classification system addresses both the potential security risks posed and treatment needs of the inmate.
7. Separate living quarters for males, females, and juveniles. 4
8. Inmates are not segregated by race, color, creed, or national origin.

Compliance Documentation:

• Review written policy and procedures
• Review classification documents
• Review eligibility requirements for Work Force (see §53.1- 128 - §53.1-131 of the Code of Virginia) and inmate worker program participants
• Review any exceptions to the above
• Observation of housing units
• Interview staff/inmates

6VAC15-40-130. Written Grievance Procedure – A written grievance procedure shall be developed and made available to all inmates with the following:

1. Inmates shall be given a grievance form after exhausting all prerequisites

of the grievance procedure. Prerequisites shall be documented.

1. Grievances shall be responded to within nine work days of receipt.
2. Written responses, including the reason for the decision, shall be made to

all grievances.

1. A review shall be made by a staff member not directly involved in the

grievance.

1. All inmates shall have access to the grievance procedure with

guaranty against reprisal.

1. All inmates shall be afforded the opportunity to appeal the decision.

Compliance Documentation:

• Review written procedure (all 6 elements must be included in the procedure)
• Review documentation of prerequisites
• Review grievances
• Review appeals
• Review inmate handbook
• Interview staff/inmates

6VAC15-40-140. Awareness of Programs – The facility administrator or designee shall make each inmate aware of available programs.

Compliance Documentation:

• Review inmate handbook/orientation/program schedule
• Interview staff/inmates

6VAC15-40-150. Inmate Exercise – Written policy, procedure, and practice shall provide that all inmates have access to physical exercise. Facilities with specified exercise areas shall provide inmate exercise a minimum of one hour per week. Facilities without specified exercise areas shall provide equipment or an area within the dayroom for inmates to exercise large muscle groups on a 5 daily basis. Shortage of staff shall not hinder inmate access to physical exercise.

Exceptions for inclement weather or risk to security shall be documented. LHS

Compliance Documentation:

• Review written policy and procedures
• Review exercise documentation
• Review documentation of exceptions (disciplinary segregation inmates are exempt)
• Observation
• Interview staff/inmates

6VAC15-40-155. Access to Recreational Activities – Written policy, procedure, and practice shall provide inmates access to recreational activities.

Compliance Documentation:

• Review written policy and procedures
• Observation
• Interview staff/inmates

6VAC15-40-160. Written Procedures for Release Program Eligibility Criteria – Written procedures outlining the eligibility criteria for participation in a work release, educational release, electronic monitoring, or rehabilitation release program shall be developed by each facility with a work release, educational release, electronic monitoring, or rehabilitation release program. Inmates shall meet the established eligibility requirements prior to being released to participate in the program.

Compliance Documentation (if applicable):

• Review written eligibility criteria/court order
• Review court notification documentation
• Review non-court ordered placement documentation (the court or commonwealth’s attorney shall be notified in writing in accordance with §53.1-131 of the Code of Virginia)
• Review work release, educational release, rehabilitation release (Code of Virginia §53.1-131) and electronic monitoring (Code of Virginia §53.1-131.2) case files
• Regional jails must provide documentation of sheriff’s delegation of authority for work release assignment or sheriff’s approval
• Interview staff

6VAC15-40-170. Written Procedures for Accountability of Inmate Participants – Written procedures shall ensure the accountability of inmate participants and provide for supervision in the community. Such procedures shall include, at a minimum:

1. Provisions for a daily inmate count; 6
2. Methods for determining and identifying inmates who are authorized to leave the facility;
3. Provisions for a controlled sign-out and sign-in process; and
4. Provisions that require a minimum of one staff-initiated telephone contact per calendar week and a minimum of one random field visit per month or GPS monitoring shall be used to verify the inmate’s location within the community.

Compliance Documentation (if applicable):

• Review written accountability/supervision procedures
• Review sign-out/in logs
• Review documentation of telephone contacts and random field visits/GPS monitoring
• Interview staff

6VAC15-40-180. Conditions for Inmate Participation in a Work Release Program-Inmate participation in a work release program shall conform to the following specific conditions unless ordered otherwise by an appropriate court:

1. Participation by the inmate shall be on a voluntary basis.
2. The following conditions shall be met where the employer has a federal contract. a. Representatives of local union central bodies or similar labor union organizations shall have been consulted; b. Employment shall not result in the displacement of employed workers, or be applied in skills, crafts or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and c. Rates of pay and other conditions of employment shall not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed.

Compliance Documentation (if applicable):

• Review documentation to determine whether an employer has a federal contract
• Review court order (if applicable)
• Interview staff/inmates

Further Information: Many facilities include the provisions in #2 within the employer agreement to ensure compliance with this standard.

6VAC15-40-190. Conditions for Inmate Participation in Educational Release or Rehabilitation Release Programs – Inmate participation in an educational release or rehabilitation release program shall conform to the following specific conditions unless ordered otherwise by an appropriate court:

1. Participation by the inmate may be voluntary or court ordered;
2. Meetings or classes shall be on a regularly scheduled basis; and 7
3. Other conditions shall not be more restrictive on the inmate than those required by other participants.

Compliance Documentation (if applicable):

• Review court order, records and/or correspondence
• Review inmate records
• Interview staff

6VAC15-40-200. Furlough – Inmate participants in a work release, educational release, or rehabilitation release program may be considered for furlough, as prescribed by the facility policy, not to exceed three days in length at any one time. Written procedures shall govern the granting of furloughs in accordance with the provisions of §53.1-132 of the Code of Virginia.

Compliance Documentation (if applicable):

• Review written policy and procedures
• Review facility records/logs
• Interview staff/inmates

Further Information: This standard does not apply to furloughs granted by the sentencing court for other reasons such as medical or funeral.

6VAC15-40-210. Earnings – Written procedures shall be developed to ensure the accountability of all earnings received, disbursed, to whom and reason on behalf of the inmate participant. Procedures shall be in accordance with §53.1-131 of the Code of Virginia.

Compliance Documentation (if applicable):

• Review written accountability procedures
• Interview staff/inmates

6VAC15-40-220. Removing Inmate Participants from Program – Written procedures shall establish the criteria and process for removing inmate participants from the program.

1. Procedures shall include provisions for an impartial hearing for the inmate participants.
2. Procedures shall include provisions for appealing the removal.
3. Documentation shall reflect that this information was explained to all inmate participants upon assignment to the program.

Compliance Documentation (if applicable):

• Review written procedures (all 3 elements must be included in the procedure)
• Review documentation of removal/court order
• Interview staff/inmates 8 6VAC15-40-230. Written Agreement with Director – Each facility having a work release, educational release, or rehabilitation release program that includes state offenders as defined in §53.1-20 of the Code of Virginia shall have a written agreement with the director, or his designee.

Compliance Documentation (if applicable):

• Review written agreement
• Interview staff

6VAC15-40-240. Offender Participation in Compliance with Appropriate Criteria and Approval – State offenders assigned to a work release, educational release, or rehabilitation release program shall meet the appropriate criteria set forth by the Department of Corrections (DOC), be approved by the DOC Central Classification Services and the management review process pursuant to a written agreement as provided in accordance with §53.1-131 of the Code of Virginia.

Compliance Documentation (if applicable):

• Review letter of approval from Central Classification Services and/or facility’s letter requesting inmate assignment to work release
• Review court order (if applicable)

6VAC15-40-250. Participation in Religious Services or Counseling – Written policy, procedure, and practice shall allow inmates to participate voluntarily in available religious services or counseling of their choice during scheduled hours within the facility. The constitutional right to pursue any lawful and legitimate religious practice shall be guaranteed to all inmates consistent with maintaining the order and security of the facility.

Compliance Documentation:

• Review written policy and procedures
• Review schedule/logs
• Observation
• Interview staff/inmates

6VAC15-40-260. Social Services and Volunteer Programs – Where volunteers provide direct services to inmates in the facility, written policies and procedure shall describe each available service or program. The facility shall secure and support available social services and volunteer programs from the community.

Compliance Documentation:

• Review written policy and procedures
• Review schedule/logs 9
• Interview staff/inmates

6VAC15-40-270. Coordination of Volunteer Program – The volunteer program shall be coordinated and administered in accordance with written policies and procedures. Each volunteer shall sign a statement agreeing to abide by facility rules and regulations.

Compliance Documentation:

• Review written policy and procedures
• Review signed volunteer statements

6VAC15-40-280. Availability and Administration of Educational Services – Written policy, procedure, and practice shall govern the availability and administration of educational services for inmates, including a written agreement with the local school authority for the provision of special education. The facility administrator shall coordinate with local authorities for the provision of community services and resources utilized for this purpose, where available.

Compliance Documentation:

• Review written policy and procedures
• Review written agreement for special educational services
• Review written agreement with local authorities (if available)
• Review educational program schedule
• Interview staff/inmates

6VAC15-40-290. Provisions of Reading Materials – The facility shall provide reading materials that include current periodicals.

Compliance Documentation:

• Review list of available periodicals (2 minimum: This can be newspapers, magazines or a combination of both)
• Review inmate handbook/schedule
• Observation
• Interview staff/inmates

6VAC15-40-300. Permission of Reading Materials – Reading materials, including newspapers, magazines and books, shall be permitted in the facility unless the material poses a threat to security or is not in compliance with other facility restrictions or guidelines.

Compliance Documentation:

• Review reading material
• Review documentation of denials (if applicable)
• Interview staff/inmates 10 Further Information: Facilities may impose restrictions as to obtaining material through such sources as publishers, book clubs or bookstores.

6VAC15-40-310. Commissary Services – The facility shall make available to inmates commissary services where they may purchase from an approved list of items at a minimum of one time per week. Written policy and procedure shall describe the circumstances and duration under which inmates may be restricted from this privilege.

Compliance Documentation:

• Review written policy and procedures
• Review commissary list
• Review weekly commissary receipts
• Interview staff/inmates

Further Information: The commissary list should include, at a minimum, hygiene and food items. The authority for establishing stores in local correctional facilities operated by a sheriff is in §53.1-127.1 of the Code of Virginia, and the authority for regional jail administrators is in §53.1-115.2 of the Code of Virginia.

6VAC15-40-320. Licensed Physician – A licensed physician shall supervise the facility’s medical and health care services. Facilities that contract with private medical facilities or vendors shall maintain a current copy of the agreement, unless employed by the facility. LHS

Compliance Documentation:

• Review current license
• Review current copy of agreement (if applicable)
• Interview staff

Further Information: Refer to definition of current.

6VAC15-40-330. Restrictions on Physician – No restrictions shall be imposed by the facility in the practice of medicine. However, administrative and security regulations applicable to facility personnel shall apply to medical personnel as well.

Compliance Documentation:

• Interview staff

6VAC15-40-340. Health Care Provider and Licensing, Certification and Qualification of Health Care Personnel – Each facility shall have a minimum of one licensed or qualified health care provider who is accessible to inmates a 11 minimum of one time per week. Health care personnel shall meet appropriate and current licensing, certification, or qualification requirements. LHS

Compliance Documentation:

• Review current licensing/qualifications for health care provider
• Review schedule/documentation of accessibility to inmates
• Review current licensing/certification/qualification for in-house health care personnel
• Interview staff/inmates

Further Information: Refer to definition of current.

6VAC15-40-350. Private Examination and Treatment of Inmates – Where in-house medical and health care services are provided, there shall be space for the private examination and treatment of inmates.

Compliance Documentation (if applicable):

• Observe medical examination and treatment area
• Interview staff

6VAC15-40-360. Twenty-Four Hour Emergency Medical and Mental Health Care – Written policy, procedure, and practice shall provide 24-hour emergency medical and mental health care availability. LHS

Compliance Documentation:

• Review written policy and procedure
• Review incident reports (if applicable)
• Interview staff

6VAC15-40-370. Receiving and Medical Screening of Inmates – Written policy, procedure, and practice shall provide that receiving and medical screening be performed on all inmates upon admission to the facility. The medical screening shall:

1. Specify screening for current illnesses, health problems and conditions, and past history of communicable diseases;
2. Specify screening for current symptoms regarding the inmate’s mental health, dental problems, allergies, present medications, special dietary requirements, and symptoms of venereal disease;
3. Include inquiry into past and present drug and alcohol abuse, mental health status, depression, suicidal tendencies, and skin condition;
4. For female inmates, include inquiry into possible pregnancy or gynecological problems; and
5. All inmates shall receive a tuberculosis (TB) skin test within seven days of admission to the facility. LHS 12 Compliance Documentation:

• Review written policy and procedures
• Review medical screening form (all 5 elements must be included on the form)
• Interview staff

Further Information: Refer to definition of medical screening. The screening may be conducted by the booking officer or health care personnel.

6VAC15-40-380. Inmate Access to Medical Services – Written policy, procedure, and practice shall be developed whereby inmates shall be informed, at the time of admission to the facility, of the procedures for gaining access to medical services. LHS

Compliance Documentation:

• Review written policy and procedures
• Review inmate handbook/orientation
• Interview staff/inmates

6VAC15-40-390. Training and Competency of Staff – All security staff shall be trained and competent in rendering basic first aid and CPR by a recognized certifying agency. All training shall be documented. LHS

Compliance Documentation:

• Review current official training records (can be first aid/CPR cards, class roster or basic/in-service training curriculum)
• Interview staff

Further Information: Refer to definition of current.

6VAC15-40-393. Universal Precautions – All staff who have contact with inmates shall be trained, competent, and knowledgeable in the use of universal precautions. All training shall be documented and completed every 12 months.

LHS Compliance Documentation:

• Review training records
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-395. Management of Sharps – Written policy, procedure, and practice shall govern the control, storage, and use of sharps including, at a minimum, needles, scalpels, lancets, and dental tools. LHS 13 Compliance Documentation:

• Review written policy and procedures
• Review inventory sheets
• Observe storage area
• Interview staff

6VAC15-40-400. Management of Pharmaceuticals – Written procedures for the management of pharmaceuticals shall be established and approved by the medical authority or pharmacist, if applicable. Written policy, procedure, and practice shall provide for the proper management of pharmaceuticals, including receipt, storage, dispensing and distribution of drugs. These procedures shall be reviewed every 12 months by the medical authority or pharmacist. Such reviews shall be documented. LHS

Compliance Documentation:

• Review written policy and procedures
• Review medication administration records
• Review records for disposal of unused or expired medications
• Review medical authority 12 month review
• Observe storage area
• Interview staff

Further Information: Refer to definition of medical authority. Refer to definition of twelve months. The Virginia Board of Pharmacy Regulations address the requirements for handling of prescription drugs (18VAC110-20-590, Drugs in Correctional Institutions), and the return or exchange of prescription drugs (18VAC110-20-400, Returning of Drugs and Devices).

6VAC15-40-405. Automated External Defibrillator (AED) – There shall be a minimum of one AED unit available in the facility. All security staff shall receive training in the operation of the unit. LHS

Compliance Documentation:

• Review current official training records
• Observation

Further Information: Refer to definition of current.

6VAC15-40-410. Inmate Medical Records – The medical record for each inmate shall be kept separate from other facility records and shall include the following:

1. The completed screening form; and
2. All findings, diagnoses, treatments, dispositions, prescriptions, and administration of medication. 14 Compliance Documentation:

• Review inmate medical records (see 6VAC15-40-90 for number of records to be reviewed)
• Observe inmate medical records storage

6VAC15-40-420. Transfer of Summaries of Medical Record – Medical record summaries shall be transferred to the same facility to which the inmate is being transferred. Required information shall include: vital signs, current medications, current medical/dental problems, mental health screening, mental health problems, TB skin test date and results, special inmate needs/accommodations, pending medical appointments, medical dispositions, overall comments, health care provider/personnel signature and date, and any additional pertinent medical information such as lab work, x-rays, etc. LHS

Compliance Documentation:

• Review medical record summary sheets

6VAC15-40-430. Medical or Pharmaceutical Testing for Experimental or Research Purposes – Written policy and practice shall prohibit medical or pharmaceutical testing for experimental or research purposes. LHS

Compliance Documentation:

• Review written policy
• Interview staff/inmates

6VAC15-40-440. Medical Care Provided by Personnel Other than Physician – Medical care provided by personnel other than a physician shall be pursuant to a written protocol or order. Protocols or orders shall be reviewed and signed by the supervising physician every 12 months. LHS

Compliance Documentation:

• Review written protocol or order
• Review documentation of 12 month review and approval by physician
• Interview staff

Further Information: Refer to definition of twelve months. The protocol or order may be for an individual inmate.

6VAC15-40-450. Suicide Prevention and Intervention Plan – There shall be a written suicide prevention and intervention plan. These procedures shall be reviewed and documented by an appropriate medical or mental health authority prior to implementation and every three years thereafter. These procedures shall be reviewed every 12 months by staff having contact with inmates. Such reviews shall be documented. LHS 15 Compliance Documentation:

• Review written suicide prevention and intervention plan
• Review approval by medical or mental health authority
• Review documentation of 12 month staff review
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-470. Medical Co-Payment – Jail medical treatment programs, wherein inmates pay a portion of the costs for medical services, shall be governed by written policy and procedure.

Compliance Documentation:

• Review written policy and procedures

Further Information: The Board of Corrections developed a model plan to serve as a guide for establishment of a medical treatment program per §53.1-133.01 of the Code of Virginia. This plan is available through the DOC Local Facilities Supervisor.

6VAC15-40-480. Set Fees Required – Inmate payment for medical services shall be up to, but shall not exceed, those fees established by the Board of Corrections in the Model Plan for Jail Prisoner Medical Treatment Programs per §53.1-133.1 of the Code of Virginia.

Compliance Documentation:

• Review fee schedule
• Interview staff/inmates

6VAC15-40-490. Policy and Procedure Information – Written policy and procedure shall specify, at a minimum, the following information:

1. Medical services that are subject to fees;
2. Fee amounts;
3. Payment procedures;
4. Medical services that are provided at no cost;
5. Fee application to medical emergencies, chronic care and pre-existing conditions; and
6. Written notification to inmates of proposed fee changes.

Compliance Documentation:

• Review written policy and procedures
• Interview staff 16 6VAC15-40-500. Inmates Advised of Procedures – Inmates shall be advised of medical services fees and payment procedures at the time of admission/orientation.

Compliance Documentation:

• Review inmate handbook/orientation
• Interview staff/inmates

6VAC15-40-510. Ability to Pay – Written policy, procedure, and practice shall ensure that no inmate will be denied access to medically necessary services based upon ability to pay.

Compliance Documentation:

• Review written policy and procedures
• Review inmate records
• Interview staff/inmates

6VAC-40-520. Acknowledgement in Writing – Medical services fee debits to inmate accounts shall be acknowledged by the inmate in writing. The acknowledgement shall be signed by a witness if the inmate refuses to sign.

Compliance Documentation:

• Review inmate records
• Interview staff/inmates

6VAC15-40-530. Accounting Procedures – A separate bank account or accounting process shall be established and used exclusively for the deposit and disbursal of medical services fees. Fee collection and disbursement shall be governed by generally accepted accounting principles.

Compliance Documentation:

• Review accounting process
• Review inmate records
• Review audit report (if available)
• Interview staff

6VAC15-40-540. Standards for Food Service Equipment and Personnel – Written policy, procedure, and practice shall ensure that the facility’s food service equipment and personnel meet the established safety and protection standards and requirements as set forth by the State Board of Health’s Food Regulations.

The facility shall have a Virginia Department of Health (VDH) inspection conducted every 12 months. Written reports of the VDH inspections shall be on file with the facility administrator. LHS 17 Compliance Documentation:

• Review written policy and procedures
• Review VDH inspection reports
• Review license/permit

Further Information: Refer to definition of twelve months.

6VAC15-40-545. Standards for Inmate Food Service Workers – Written policy, procedure, and practice shall ensure that a visual medical examination of each inmate assigned to food service occurs no more than 30 days prior to assignment and quarterly thereafter. Each inmate shall be given a TB skin test prior to food service assignment. Such tests shall be documented. If an inmate tests positive for TB, that inmate shall not be granted assignment to food service.

LHS

Compliance Documentation:

• Review written policy and procedures
• Review documentation of visual medical examination and TB skin test of inmates assigned to food service

6VAC15-40-550. Food Service Program – Written policy, procedure, and practice shall ensure a food service program that meets the following:

1. The menu meets the dietary allowances as stated in the Recommended Dietary Allowances (RDA), National Academy of Sciences;
2. There is at least a one-week advance menu preparation;
3. Modifications in menus are based on inmates’ medical or reasonable religious requirements. Medical or dental diets shall be prescribed by the facility’s medical authority;
4. RDA evaluation of facility menus shall be completed by an independent registered dietitian or certified nutritionist every three years; and
5. Additional evaluations shall be completed when a substantive change in the menu or food service provider occurs. LHS

Compliance Documentation:

• Review written policy and procedures
• Review all menus
• Review menu modifications for medical and religious diets (if applicable)
• Review RDA evaluation of facility menus
• Review license/certification of dietician or nutritionist
• Review additional menu evaluations (if applicable)
• Interview staff

Further Information: DOC institutional menus may be used by the facility in lieu of RDA evaluations. 18 6VAC15-40-560. Meals Prepared, Delivered, and Served Under Direct Supervision of Staff – Written policy, procedure, and practice shall ensure meals are prepared, delivered, and served under the direct supervision of staff. LHS

Compliance Documentation:

• Review written policy and procedures
• Observation
• Interview staff

6VAC15-40-570. Records of Meals Served – Written policy, procedure, and practice shall ensure the records of meals served are kept a minimum of three years.

Compliance Documentation:

• Review written policy and procedures
• Review menus

6VAC15-40-580. Food Services Program Not a Disciplinary Measure – Written policy, procedure, and practice shall ensure food is not used as disciplinary measure. LHS

Compliance Documentation:

• Review written policy and procedures
• Review documentation of alternate meal usage (if applicable)
• Interview staff/inmates

6VAC15-40-590. Number and Spacing of Meals – Written policy, procedure, and practice shall provide for at least three meals daily with no more than 14 hours between evening meal and breakfast, and a minimum of two hot meals within every 24 hours.

Compliance Documentation:

• Review written policy and procedures
• Review documentation of times meals are served
• Interview staff/inmates

6VAC15-40-600. Correspondence Privileges – Written policy, procedure, and practice shall ensure that all inmates, regardless of their jail status, shall be afforded the same correspondence privileges. Correspondence privileges shall not be withdrawn as punishment.

Compliance Documentation:

• Review written policy and procedures
• Interview staff/inmates 19 6VAC15-40-610. Volume and Content of Inmate Mail – Written policy, procedure, and practice shall ensure that there is no limit on the volume of mail an inmate may send or receive, or on the length, language, content, or source of such mail, except where there is clear and convincing evidence to justify such limitations.

Compliance Documentation:

• Review written policy and procedures
• Review documentation of exceptions (if applicable)
• Interview staff/inmates

6VAC15-40-620. Postage Allowance – Written policy, procedure, and practice shall make available a postage allowance of at least five first class rate (one ounce) letters per week, including legal mail, to indigent inmates. An indigent inmate shall be defined as an inmate having less than the cost of five first class stamps in his account for 15 days.

Compliance Documentation:

• Review written policy and procedures
• Review definition of indigent inmate
• Review documentation verifying indigent inmates receive weekly postage allowance
• Interview staff/inmates

Further Information: Provisions can be made for reimbursement by the inmate upon accumulation of sufficient funds.

6VAC15-40-630. Outgoing and Incoming Mail – Written policy, procedure, and practice shall ensure that outgoing mail is collected and sent during normal United States Postal Service (USPS) days of operation. Incoming mail to inmates shall be delivered no later than 24 hours after arrival at the facility (contingent upon normal USPS days of operation), or shall be forwarded or returned to sender.

Compliance Documentation:

• Review written policy and procedures
• Review documentation (if applicable)
• Interview staff/inmates

6VAC15-40-640. General and Legal Correspondence – All general correspondence may be opened, examined, and censored by authorized personnel, as per the USPS Administrative Support Manual, Section 274.96.

If searched, all legal correspondence shall be opened in the presence of the inmate. 20 Compliance Documentation:

• Review written policy and procedures
• Review documentation (if applicable)
• Interview staff/inmates

Further Information: The USPS Administrative Support Manual, Section 274.96, Mail Addressed to Prisoners, states: “Authorized personnel of prisons, jails, or other correctional institutions, under rules and regulations promulgated by the institution, may open, examine, and censor mail sent from, or addressed to, an inmate of the institution. An inmate may designate in writing an agent outside the institution to receive his or her mail, either through an authorized address of the agent, if the mail is so addressed, or at the delivery post office serving the institution, if the mail is addressed to the inmate at the institution.”

6VAC15-40-650. Notice of Seizure of Mail Contraband – Written policy, procedure, and practice shall ensure notice of the seizure of mail contraband is given to the inmate with the reason for the seizure in writing. The sender shall be allowed the opportunity to appeal the seizure to the facility administrator or a designee empowered to reverse seizure. Unless it is needed for criminal investigation or prosecution, property that can legally be possessed outside the facility shall be stored, returned to sender, if known, or destroyed.

Compliance Documentation:

• Review written policy and procedures
• Review written notification to inmate and sender
• Review seizure records and appeals (if applicable)
• Interview staff/inmates

Further Information: Seizure includes any item which the inmate cannot keep in his possession, including items placed in the inmate’s property to be returned upon his release.

6VAC15-40-660. Access to Telephone Facilities – Written policy, procedure, and practice shall ensure inmates have reasonable access to telephone facilities, except where safety and security considerations are documented.

Compliance Documentation:

• Review written policy and procedures
• Review inmate handbook
• Review schedule (if applicable)
• Observation
• Interview staff/inmates

Further Information: In the event of inmate abuse, telephone privileges may be restricted, suspended or revoked with appropriate documentation. 21 6VAC15-40-670. Delivery of Emergency Messages to Inmates – Written policy, procedure, and practice shall ensure that emergency messages to inmates are delivered promptly and documented.

Compliance Documentation:

• Review written policy and procedures
• Review documentation of calls received and delivered
• Interview staff/inmates

6VAC15-40-680. Visiting Opportunities – Written policy, procedure, and practice shall ensure maximum visiting opportunities limited only by facility schedules, space, personnel constraints and inmate disciplinary status. Attorneys shall be permitted to have confidential visits with their clients.

Compliance Documentation:

• Review written policy and procedures
• Review visitor logs/records
• Observe visitation area
• Interview staff/inmates

6VAC15-40-690. Approved Items Visitors May Bring into Facility – The facility shall have a posted list of approved items that visitors may bring into the facility.

Items brought into the facility by visitors for inmates shall be subject to inspections and approval.

Compliance Documentation:

• Review list of approved items
• Review inmate handbook
• Observation

6VAC15-40-700. Requirements of Visitor Registration and Visitor Searches – Written policy, procedure, and practice shall specify requirements for visitor registration and the circumstances and methods under which visitors may be searched.

Compliance Documentation:

• Review written policy and procedures
• Review visitor registration records
• Review visitor search records (if applicable)

6VAC15-40-710. Admitting Individuals into Jail – Written policy, procedure, and practice for admitting individuals into the jail shall address the following:

1. Verification of commitment; 22
2. Complete search of the individual and his possessions;
3. Dispositions of clothing and personal possessions;
4. Interview for obtaining identifying data;
5. Photograph; and
6. Telephone calls.

Compliance Documentation:

• Review written policy and procedures
• Review commitment records
• Review property records
• Review inmate records
• Interview staff/inmates

6VAC15-40-720. Inmates Confined to Jail – Written policy, procedure, and practice for those inmates to be confined in the jail shall address the following:

1. Shower/search;
2. Issuance of clean clothing/hygiene items/linen;
3. Classification and housing assignment;
4. Orientation; and
5. Provision of mattresses.

Compliance Documentation:

• Review written policy and procedures
• Review property issue records
• Review classification documents
• Review orientation process
• Observation
• Interview staff/inmates

6VAC15-40-730. Telephone Calls During the Booking Process – Written policy, procedure, and practice shall specify that newly admitted inmates who are physically capable are permitted to complete at least two local or long distance telephone calls during the booking process. Reasonable accommodations shall be made for non-English speaking inmates, as well as hearing impaired and visually impaired inmates.

Compliance Documentation:

• Review written policy and procedures
• Review phone logs
• Observation
• Interview staff/inmates

6VAC15-40-740. Requirements for Clothing, Linen and Towels – Written policy, procedure, and practice shall provide that a record is kept to show that clean linens and towels are supplied once a week, a clean change of clothing is 23 provided twice per week, and inmates shall be held accountable for their use.

LHS

Compliance Documentation:

• Review written policy and procedures
• Review laundry records
• Interview staff/inmates (Clothing must be offered on two separate days)

6VAC15-40-750. Issuance of Special and Protective Clothing – The facility shall provide for the issuance of special and protective clothing to inmates assigned to food service, farm, sanitation, mechanical services, and other special work functions.

Compliance Documentation:

• Observation
• Interview staff/inmates

Further Information: Special and protective clothing may include gloves, safety glasses, steel-toed boots, etc.

6VAC15-40-760. Bathing – There shall be sufficient hot and cold water for bathing. Each inmate shall be allowed to bathe twice a week.

Compliance Documentation:

• Observation
• Interview staff/inmates

6VAC15-40-770. Provisions of Hygiene Items – The facility shall provide soap, a toothbrush and toothpaste or tooth powder to each inmate upon admission to the general population. Feminine hygiene items (as defined by facility policy) shall be provided upon reasonable request to each female inmate assigned to the general population. Notwithstanding security considerations, shaving equipment, including a mirror, and haircuts shall be made available and the hygiene needs of all inmates shall be met.

Compliance Documentation:

• Review property issue records
• Review definition of feminine hygiene items
• Interview staff/inmates

6VAC15-40-780. Items Inmates May Retain – Written policy and procedure shall state what items the inmate may retain in his possession. 24 Compliance Documentation:

• Review written policy and procedures
• Review inmate handbook/orientation
• Observation
• Interview staff/inmates

6VAC15-40-790. Inventory of Cash and Personal Property – A written itemized inventory of cash and personal property of each inmate shall be made at the time of initial booking. A copy signed by both staff and inmate shall be furnished to the inmate. Computerized officer identification shall not substitute for a signature.

Compliance Documentation:

• Review inventory sheets for both inmate and staff signature
• Review documentation for property released by inmate
• Interview staff/inmates

Further Information: Inmates refusing to sign should be documented.

6VAC15-40-800. Accounting of Inmate Expenditures and Receipts of Money – Inmates personal funds held by the facility are controlled by accepted accounting procedures. The facility shall provide the inmate with a copy of his itemized account upon reasonable request.

Compliance Documentation:

• Review inmate requests
• Review documentation of facility response to requests
• Review audit reports (if available)
• Interview staff/inmates

6VAC15-40-810. Return of Inmate Property and Funds – Inmate property and funds shall be returned upon release or transfer and receipted for by the inmate in writing.

Compliance Documentation:

• Review property and account records acknowledged by the inmate in writing
• Interview staff

Further Information: It is expected that inmates will generally receive their funds at the time of transfer or discharge. However, circumstances may arise when this is not possible, such as bonding out at night, emergency transfers, etc.

6VAC15-40-820. Conduct – Written policy, procedure, and practice shall govern inmate discipline and shall include: 25

1. Rules of conduct, including sanctions for rule violations;
2. Procedures and provisions for pre-hearing disciplinary detention; and
3. Procedures for processing violators that may include plea agreements that may waive the inmates’ right to appeal.

Compliance Documentation:

• Review written policy and procedures
• Review misconduct reports/plea agreements

6VAC15-40-830. Inmate Handbook – Upon initial housing assignment and following intake and reception processing, each inmate shall be informed of, receive, and sign for:

1. A copy of the inmate rules of conduct, including sanctions; and
2. The policy and procedures governing inmate discipline.

Compliance Documentation:

• Review inmate handbook
• Review documentation of inmate acknowledgement
• Interview staff/inmates

Further Information: Reasonable accommodations should be made for inmates with language or comprehension problems.

6VAC15-40-831. Fee for Inmate Keep – If the facility has elected to establish a program to charge a fee for inmate keep, such fee shall be up to, but shall not exceed, the fee stated in the Board of Corrections Model Plan for Payment of Costs Associated With Inmate Keep per §53.1-131.3 of the Code of Virginia.

Written policy, procedure and practice shall include, at a minimum, the following:

1. Provisions requiring the facility to notify the inmate of such fee in writing upon admission/orientation;
2. Payment and refund procedures;
3. Accounting procedures;
4. Provisions designating which, if any, inmates are exempt;
5. If the release date and the date of arrival are within 24 hours, provisions to charge the inmate only the equivalent of one day’s fee; and
6. Whenever an inmate has been charged the fee, provisions specifying that the deduction shall be reflected on the inmate’s account.

Compliance Documentation (if applicable):

• Review written policy and procedures
• Review inmate handbook/orientation
• Review inmate account records
• Interview staff/inmates 26 6VAC15-40-833. Discipline – Whenever an inmate may be deprived of good time or placed on disciplinary segregation the minimum procedural requirements shall include:

1. The accused inmate shall be given written notice of the charge and the factual basis for it at least 24 hours prior to hearing of the charge;
2. The charge shall be heard in the inmate’s presence by an impartial officer or committee unless that right is waived in writing by the inmate or through the inmate’s behavior. The accused inmate may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion shall be documented;
3. The accused inmate shall be given an opportunity to have the assistance of a staff member or fellow inmate in defending the charge;
4. The inmate shall be given a written statement by the fact finders as to the evidence relied upon and the reasons for the disciplinary action; and
5. The inmate shall be permitted to appeal any finding of guilt to the facility administrator or designee.

Compliance Documentation:

• Review written policy and procedures
• Review disciplinary actions
• Review status of inmates placed on disciplinary segregation
• Interview staff/inmates

6VAC15-40-835. Sanctions – Whenever an inmate is punished, such as reprimands or loss of privileges, the minimum procedural requirements shall include:

1. The accused inmate shall have an opportunity to explain or deny the charge; and
2. The inmate shall have the opportunity to appeal any finding of guilt to the facility administrator or designee.

Compliance Documentation:

• Review written policy and procedures
• Review disciplinary reports
• Review signed inmate waivers (if applicable)
• Interview staff/inmates

6VAC15-40-840. Post to Control Security of Jail – The facility shall maintain a designated post, staffed 24 hours a day, that controls activities and flow of people in and out of the secure area of the jail. Main facility control posts may be staffed by civilian personnel who have been provided on-the-job training in facility security procedures, emergency plans, and communications. Such training shall be documented in writing with the same frequency as required by standards for all facility employees. Civilian personnel assigned to the control 27 posts shall not be assigned to other posts requiring direct inmate contact and supervision. LHS

Compliance Documentation:

• Review training records for civilian personnel
• Review post orders or job descriptions (refer to 6VAC15-40-960)
• Review restrictions on inmate access to control centers
• Observation
• Interview staff

6VAC15-40-850. Security of Outside Recreation – The facility’s outside recreation area shall be secure so that inmates shall not have physical access to the general public without authorization.

Compliance Documentation (if applicable):

• Observation

6VAC15-40-860. Security of Entrances and Doors – Written policy, procedure, and practice shall require that all security perimeter entrances, control center doors, cell block doors and all doors opening into a corridor are kept locked except when used for admission or exit of employees, inmates or visitors, or in emergencies.

Compliance Documentation:

• Review written policy and procedures
• Observation
• Interview staff

6VAC15-40-870. Security and Storage of Security Devices – Written policy, procedure, and practice shall govern the security, storage, and use of firearms, ammunition, chemical agents, and related security devices that are stored in and assigned to the facility to ensure that: LHS

1. The facility shall provide secure storage for firearms, ammunition, chemical agents and related security devices accessible to authorized personnel only and located outside the security perimeter or the inmate housing and activity areas;
2. Personnel who carry firearms and ammunition are assigned positions that are inaccessible to inmates (with the exception of emergencies); and
3. Personnel who discharge firearms or use chemical agents other than for training purposes, submit written reports to the facility administrator or designee no later than the conclusion of the shift during which same are discharged or used.

Compliance Documentation:

• Review written policy and procedures 28
• Review training records pertaining to firearms and use of chemical agents
• Review master inventory sheets
• Review written reports (if applicable)
• Observe storage areas (gun boxes, armory, etc.)
• Interview staff

6VAC15-40-880. Officer Entry – Written policy and procedure shall specify the conditions under which an officer can enter a security cell or cellblock during an emergency situation.

Compliance Documentation:

• Review written policy and procedures
• Interview staff

Further Information: The policies and procedures of this standard are determined by the facility’s design and philosophy of the facility administrator. The practice may vary depending on whether the facility is linear, direct, indirect or other style and should be determined with consideration given to ensuring security of both the staff and inmates. Appropriate practices can be identified in consultation with the Compliance and Accreditation Unit staff or your Local Facility Manager.

6VAC15-40-890. Mechanical Audio Communications Systems – The facility shall provide a mechanical audio communications system allowing staff to communicate with each other to facilitate staff supervision.

Compliance Documentation:

• Observation

6VAC15-40-900. Examination and Maintenance of Security Devices – Written policy, procedure, and practice shall specify that, at least once daily, a careful examination is made of security devices and that maintenance is routinely performed to ensure their proper operation. LHS

Compliance Documentation:

• Review written policy and procedures
• Review daily security device checks
• Review maintenance logs
• Interview staff (Minimum requirements for security devices: locks, bars/doors, and windows)

6VAC15-40-910. Searches of Facility and Inmates – Written policy, procedure, and practice provide for searches of facilities and inmates to control contraband and provide for the disposition of contraband. A schedule of searches shall be developed to ensure all housing areas of the facility have been searched on a 29 random, but at least quarterly, basis. These procedures are not made available to inmates. LHS

Compliance Documentation:

• Review written policy and procedures
• Review documentation of quarterly facility and inmate searches
• Review disposition records
• Interview staff

6VAC15-40-920. Contraband – The facility shall have a policy regarding the control of contraband. The policy shall be available to inmates via the inmate handbook or orientation.

Compliance Documentation:

• Review written policy
• Review posting or method of availability (inmate handbook, orientation, etc.)
• Interview staff/inmates 6VAC15-40-930. Key and Door Control – Written policy, procedure, and practice shall govern key and door control. Perimeter security door keys shall not be issued to staff unless authorized as per the approved emergency plans. LHS

Compliance Documentation:

• Review written policy and procedures
• Review master key inventory
• Review issuance log
• Observe set of emergency keys
• Observe storage area and use
• Interview staff

6VAC15-40-940. Culinary Items – Written policy, procedure, and practice shall govern the control and use of culinary items. LHS

Compliance Documentation:

• Review written policy and procedures
• Review master inventory sheet or shadow board
• Review issuance log/accountability procedures
• Observation
• Interview staff

6VAC15-40-945. Tools – Written policy, procedure, and practice shall govern the control and use of tools. LHS 30 Compliance Documentation:

• Review written policy and procedures
• Review master inventory sheet or shadow board
• Review issuance log/accountability procedures
• Observation
• Interview staff

6VAC15-40-950. Flammable, Toxic and Caustic Materials – Written policy, procedure, and practice shall specify the control and storage of cleaning equipment and use of all flammable, toxic, and caustic materials. Inmate access shall be limited and closely supervised. LHS

Compliance Documentation:

• Review written policy and procedures
• Review master inventory of all chemicals stored within the facility
• Review Material Safety Data Sheets (MSDS) for all chemicals stored within the facility
• Observe secure storage area
• Observe flammable materials stored in an approved fire proof storage cabinet or outside the facility
• Interview staff

6VAC15-40-960. Functions of Duty Post – Each duty post or position shall maintain a clear description of the functions of that duty post or position. A copy of the post orders shall be readily available.

Compliance Documentation:

• Review post orders/job descriptions
• Interview staff

Further Information: Refer to definition of post order. Emergency procedures should be included in post orders.

6VAC15-40-970. Restrictions of Physical Force – Written policy, procedure, and practice shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, orderly operation of the facility and prevention of escapes. In no event is physical force justifiable as punishment. A written report shall be prepared following all such incidents described above and shall be submitted to the facility administrator, or designee, for review and justification. LHS

Compliance Documentation:

• Review written policy and procedures
• Review use of force reports
• Interview staff 31 Further Information: The least amount of force necessary to control the inmate shall be used.

6VAC15-40-980. Restraint Equipment – Written policy, procedure and practice shall govern the use of restraint equipment. A written protocol pertaining to the monitoring of inmates in restraint equipment shall be established and approved by the medical authority.

Compliance Documentation:

• Review written policy and procedures
• Review approval and monitoring by medical personnel when restraint chair or 4 point restraints are used
• Review approval from facility administrator, senior supervisor or designee
• Review incident reports (if applicable)

6VAC15-40-985. Restraint of pregnant offenders – A. This subsection is intended to apply to the transportation outside the secure perimeter such that inmates known to be pregnant shall be handcuffed only in front, unless an individualized determination is made that the inmate is a flight risk or danger to herself or others, or the totality of the circumstances creates a serious security risk.

1. If an individualized determination has been made, then such inmate will be restrained in the least restrictive method necessary for outside transport. Waist chains/belts shall not be used.
2. If it is deemed more restrictive restraints are needed during transport, security staff shall notify a supervisor as soon as reasonably possible and a use of force report indicating the reason for the use of restraints and type of restraints shall be submitted to a supervisor no later than the conclusion of the shift for review and justification.

B. No restraints will be used during labor and delivery unless an individualized determination has been made that the inmate is a flight risk or danger to herself or others, or the totality of the circumstances creates a serious security risk.

C. This subsection is intended to apply to labor and delivery such that if there is an individualized determination that restraints are needed, the least restrictive alternative will be used in consultation with the medical professional, but restraints shall be immediately removed upon the request of any doctor, nurse, or other health professional treating the inmate if the restraints present a threat to the health or life of the inmate or child. Waist chains/belts shall not be used.

D. If it is deemed more restrictive restraints are needed during labor and delivery, security staff shall notify a supervisor as soon as reasonably practical and a use of force report indicating the reason for the use of restraints and type of restraints shall be submitted to a supervisor no later than the conclusion of the shift for review and justification.

E. This subsection is intended to apply during postpartum recovery while the inmate is in the hospital such that after an individualized determination, an inmate shall be restrained in the least restrictive method (i.e., one ankle restraint 32 or one arm restraint) that will allow for the mother's safe handling of her infant and mother-infant bonding, except where necessary when the inmate is a flight risk or danger to herself or others, or the totality of the circumstances creates a serious security risk. If it is deemed restraints more restrictive than one ankle restraint or one arm restraint are needed, security staff shall notify a supervisor as soon as reasonably practical and a use of force report indicating the reason for the use of restraints and type of restraints shall be submitted to a supervisor no later than the conclusion of the shift for review and justification.

F. All staff shall annually review policy related to restraining pregnant inmates.

G. This subsection is intended to apply to inmates known to be pregnant who are in a facility for medical treatment unrelated to labor and delivery. Such inmates will be restrained in the least restrictive method necessary in consultation with the medical professional. Waist chains/belts shall not be used.

Compliance Documentation:

• Review written policy and procedures
• Review incident reports (if applicable)
• Review documentation of annual staff reviews

6VAC15-40-990. Administrative Segregation – Written policy, procedure, and practice shall provide for administrative segregation of inmates who pose a security threat to the facility or other inmates, and for inmates requiring protective custody.

Compliance Documentation:

• Review written policy and procedures
• Review inmate records
• Observation
• Interview staff/inmates

6VAC15-40-1000. Physical Living Conditions for Disciplinary Detention and Administrative Segregation – Written policy, procedure, and practice shall ensure that, inmate behavior permitting, the disciplinary detention and administrative segregation units provide physical living conditions that approximate those offered in the general population.

Compliance Documentation:

• Review written policy and procedure
• Observation
• Interview staff

6VAC15-40-1010. Mental Health Inmates – Written policy, procedure, and practice shall specify the handling of mental health inmates, including a current agreement to utilize mental health services from either a private contractor or the community services board. LHS 33 Compliance Documentation:

• Review written policy and procedures
• Review current written agreement/contract
• Review inmate records (if applicable)
• Interview staff

Further Information: Refer to definition of current.

6VAC15-40-1020. Record of Activities in Disciplinary Detention and Administrative Segregation – Written policy, procedure, and practice shall ensure that a record is kept of scheduled activities in disciplinary detention and administrative segregation units. Documented activities shall include the following: admissions, visits, showers, exercise periods, meals, unusual behavior, mail, and release.

Compliance Documentation:

• Review written policy and procedures
• Review record of activities 6VAC15-40-1030. Assessment of Inmates in Disciplinary Detention or Administrative Segregation – Written policy, procedure, and practice shall require that a documented assessment by medical personnel that shall include a personal interview and medical evaluation of vital signs, is conducted when an inmate remains in disciplinary detention or administrative segregation for 15 days and every 15 days thereafter. If an inmate refuses to be evaluated, such refusal shall be documented. LHS

Compliance Documentation:

• Review written policy and procedures
• Review documented evaluation (not to exceed 15 days)
• Review documented refusals (if applicable)
• Interview staff

6VAC15-40-1040. Staff Training – The facility shall provide for 24-hour supervision of all inmates by trained personnel. LHS

Compliance Documentation:

• Review training records

Further Information: Refer to definition of trained. 34 6VAC15-40-1045. Supervision of Inmates – All inmate 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 inmates or the entire housing area. LHS

Compliance Documentation:

• Review documentation of random checks ● Observation of housing areas (inspection means visual observance of all inmates in the housing area including linear, indirect and direct supervision facilities)
• Interview staff/inmates

6VAC15-40-1050. Supervisory Inspection – Supervisory staff shall conduct a general, daily inspection of the facility. Such inspections shall be documented.

Unusual findings shall be documented and submitted to the senior supervisor or designee on duty for review.

Compliance Documentation:

• Review documentation of daily inspections
• Review incident reports/logs
• Interview staff

6VAC15-40-1060. Movement of Inmates – Written policy, procedure, and practice shall regulate the movement of inmates within the facility.

Compliance Documentation:

• Review written policy and procedures
• Review system utilized to track inmate movement
• Observation
• Interview staff

6VAC15-40-1070. Prohibition of Inmate Control Over Other Inmates – Written policy, procedure, and practice shall prohibit inmates from supervising, controlling, or exerting any authority over other inmates.

Compliance Documentation:

• Review written policy and procedure
• Interview staff/inmates

6VAC15-40-1080. Emergency Plans and Fire Drills – There shall be fire prevention practices and written emergency plans that outline duties of staff, procedures and evacuation routes. Emergency plans shall include responses in the event of fire, hazardous material release, loss of utilities, natural disaster, 35 hostage situations, riots, disturbances, escapes, bomb threats and mass arrest.

Emergency plans shall be reviewed every 12 months by all staff. These reviews shall be documented. Each facility shall conduct and document quarterly fire drills. LHS

Compliance Documentation:

• Review fire prevention practices (maintenance of smoke detection equipment, fire extinguishers serviced, ensuring living areas are kept free of clutter, and proper storage of combustible materials)
• Review staff duties
• Review evacuation routes
• Review emergency plans
• Review documentation of 12 month staff review
• Review documentation of quarterly fire drills
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-1090. Release of Inmates – Written policy, procedure, and practice shall require that, prior to the release of an inmate, positive identification is made of the releasee, authority for release is verified, and a check for holds in other jurisdictions is completed.

Compliance Documentation:

• Review written policy and procedures
• Review documentation of NCIC/CCRE checks
• Interview staff

6VAC15-40-1100. Fire Safety Inspection – The facility shall have a state or local fire safety inspections 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. LHS Compliance Documentation:

• Review fire safety inspection reports
• Review plan of action for all violations and documentation of approval by the State Fire Marshal’s Office or local approved fire marshal
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-1111. Self-Contained Breathing Apparatus – If the facility is equipped with one or more self-contained breathing apparatus, security staff shall be trained and quarterly drills shall be conducted and documented in the use of this equipment. 36 Compliance Documentation (if applicable):

• Review training records
• Review documentation of quarterly drills
• Observation

6VAC15-40-1120. Mattresses, Pillows and Trash Receptacles – Mattresses, pillows and trash receptacles present in the secured housing shall be of fire retardant materials. LHS

Compliance Documentation:

• Review documentation of mattresses, pillows, and trash receptacles for fire retardant material
• Observation

6VAC15-40-1140. Cleanliness – The facility floors, halls, corridors and other walkway areas shall be maintained in a clean, dry, hazard-free manner. LHS

Compliance Documentation:

• Observation (includes cracks/rust in shower stalls and cracks in floors which can result in the build-up of water/dirt that is inaccessible for cleaning, therefore, resulting in unsanitary conditions) (Floor areas include dayroom areas and individual cells)

6VAC15-40-1150. Vermin and Pest Control – The facility shall control vermin and pests and shall be serviced at least quarterly by a licensed pest control business or personnel certified by the Virginia Department of Agriculture and Consumer Services. LHS

Compliance Documentation:

• Review contract or license for pest control business/personnel
• Review quarterly service records
• Observation
• Interview staff/inmates

6VAC15-40-1160. Appropriate Lighting and Heating – A. All housing and activity areas shall provide for appropriate lighting and heating.

B. Appropriate lighting shall be at least 20 footcandles at desk level and in personal grooming areas.

C. Heat shall be evenly distributed in all rooms so that a temperature no less than 65° F is maintained. Air conditioning or mechanical ventilation 37 systems, such as electric fans, shall be provided when the temperature exceeds 85° F. LHS

Compliance Documentation:

• Light meter readings
• Observation
• Interview staff/inmates

6VAC15-40-1170. Water Utilities – All housing areas shall have toilets, showers, drinking water and washbasins with hot and cold running water accessible to inmates. LHS

Compliance Documentation:

• Observation
• Interview staff/inmates

6VAC-15-40-1180. Special Purpose Area – The facility shall have a special purpose area to provide for the temporary detention and care of persons under the influence of alcohol or narcotics, who are uncontrollably violent or self-destructive, or those requiring medical supervision.

Compliance Documentation:

• Observation
• Interview staff

6VAC15-40-1190. Housing of Juveniles – Those facilities which, on occasion, house juveniles, shall be certified by the Board of Corrections for the express purpose of holding juveniles.

Compliance Documentation (if applicable):

• Review Board of Corrections certificate

6VAC15-40-1193. Separation of Juveniles – Juveniles shall be so housed as to be separated by a wall or other barrier that would result in preventing visual contact and normal verbal communication with adult inmates.

Compliance Documentation (if applicable):

• Observation of housing and juvenile movement patterns
• Interview staff

Further Information: Separation of juveniles from adult inmates can be accomplished architecturally or procedurally in all secure areas of the facility.

Brief, accidental or inadvertent contact of juveniles with adult inmates will not be construed as a basis for a finding of non-compliance. 38 6VAC15-40-1195. Contact with Juveniles – The facility shall have one or more employees on duty at all times responsible for auditory and visual contact with each juvenile at least every 30 minutes. Contact shall be at least every 15 minutes when juveniles exhibit self-destructive or violent behavior. LHS

Compliance Documentation (if applicable):

• Review supervision logs
• Observation
• Interview staff

6VAC15-40-1200. Isolation and Segregation of Juveniles – Isolation cells or segregation within a cellblock shall be utilized only as a protective or disciplinary measure. LHS

Compliance Documentation (if applicable):

• Review isolation/segregation logs
• Observation 39

Board of Corrections Compliance Documentation for Jails

6VAC15-40-5. Compliance elements are part of the standard; policies exceeding standards apply. 6VAC15-40-10. Definitions – See Definitions. 6VAC15-40-20. Responsibility – Sheriff or chief executive is primarily responsible. 6VAC15-40-30. Written statement and policy on philosophy, goals, and objectives must be reviewed annually.

Compliance Documentation:

• Review written statement and policy
• Review documentation of 12-month staff review
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-40. Policy and Procedures Manual – Policies and procedures shall be available 24/7, reviewed annually, and updated as needed.

Compliance Documentation:

• Review policy and procedures manual
• Review documentation of availability to staff
• Review documentation of 12 month administrative staff review
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-50. Policy shall specify each facility is led by a single chief executive responsible for all employees and units.

• Review written policy
• Review organizational chart
• Interview staff

6VAC15-40-60. Annual report on inmate services and programs shall be reviewed by the administrator and provided to sentencing courts and relevant agencies.

Compliance Documentation:

• Review annual report
• Review documentation of facility administrator’s review
• Review documentation of distribution to courts and community agencies
• Interview staff

Further Information: Refer to definition of annual.

6VAC15-40-70. Policies for releasing information shall follow Regulations on Criminal History Record Information Use and Security (6VAC20-120-10).

Compliance Documentation:

• Review written policy and procedure
• Review dissemination log; must include: a) Date of inquiry; b) Requesting agency name and address; c) Record subject’s name and number or “no record found”; d) Requester’s name; e) Disseminator’s name
• Interview staff

Further Information: Correctional status info is not criminal record info and need not be logged. See definitions.

6VAC15-40-80. Policies and practices shall ensure inmate records are current and accurate.

Compliance Documentation:

• Review written policy and procedures 2
• Review inmate records (see 6VAC15-40-90 for review count)

6VAC15-40-90. Personal inmate records shall be maintained confidentially, securely, and in good order, containing required information for all committed or assigned inmates.

1. Inmate data form;
2. Commitment form or court order
3. Records from classification
4. All disciplinary actions, or unusual incidents;
5. Work record and program involvement;
6. Copies of inmates’ property expenditure records and receipts; and
7. Victim notification, if applicable.

Compliance Documentation:

• Review inmate records (paper or automated) – Population

Records Reviewed 1-35 5 minimum 36-99 10 minimum 100-299 15 minimum 300-499

20 minimum 500 +

25 minimum

• Observe records storage
• Interview staff

6VAC15-40-100. Daily logs shall record specified information.

1. Inmate count and location, verified at least once per shift, observing flesh and movement
2. Intake and release of inmates;
3. Entries and exits of physicians, attorneys, ministers, and other nonfacility personnel; and
4. Any unusual incidents causing harm or threatening safety or security

Compliance Documentation:

• Review daily count sheets
• Review intake and release records
• Review professional log
• Review incident reports/logs
• Interview staff

Further Information: Shift definitions are facility-specific. Serious Incident Reports on deaths, firearms, releases, escapes, fires, hostages, or recaptures must be reported within 24 hours, with full reports afterward.

Compliance Documentation:

• Review serious incident reports
• Review documentation of initial report within 24 hours to Local Facilities Supervisor
• Interview staff or Local Facilities Supervisor

6VAC15-40-120. Classification policies and procedures shall ensure specified standards.

1. Classify inmates by housing level and program participation
2. Separate living quarters for males, females and juveniles;
3. Inmates are not segregated by race, color, creed or national origin;
4. Security permitting, ensure equal access to all programs and activities via separate scheduling or supervised combined programs; and
5. Any exception to the above is documented.

B. Objective classification procedures shall be followed if used.

1. Classification occurs upon intake and before final housing assignment;
2. Classification determines the custody level and housing assignment;
3. Classification uses inmate interviews and data collection instruments/forms maintained on file;
4. Classification instruments enable objective scoring of: a. Current offenses. b. Prior convictions. c. Assault history. d. Escape history. e. Institutional adjustment. f. Court status/pending charges. g. Mental health/medical history/needs. h. Stability factors.
5. The classification system includes administrative review, periodic reclassification, and override procedures documented and maintained on file.
6. The classification system addresses security risks and inmate treatment needs.
7. Separate quarters for males, females, and juveniles.
8. Inmates are not segregated by race, color, creed, or national origin.

Compliance Documentation:

• Review written policy and procedures
• Review classification documents
• Review eligibility for Work Force (see §53.1-128 to 131) and inmate worker programs
• Review any exceptions to the above
• Observation of housing units
• Interview staff/inmates

6VAC15-40-130. Grievance procedures shall be written, available to inmates, and include the following:

1. Inmates receive grievance form after exhausting prerequisites

Prerequisites shall be documented.

1. Grievances responded to within nine work days of receipt.
2. Written responses, including reasons, shall be provided to

all grievances.

1. A review shall be made by a staff member not directly involved in the

grievance.

1. All inmates shall have access to the grievance procedure with

guaranty against reprisal.

1. All inmates shall have opportunity to appeal decisions.

Compliance Documentation:

• Review written procedure (all 6 elements required)
• Review documentation of prerequisites
• Review grievances
• Review appeals
• Review inmate handbook
• Interview staff/inmates

6VAC15-40-140. Administrator or designee shall inform inmates of available programs.

Compliance Documentation:

• Review inmate handbook/orientation/program schedule
• Interview staff/inmates

6VAC15-40-150. Policies shall ensure all inmates have access to exercise: at least 1 hour/week in designated areas or daily in common areas, unaffected by staffing shortages.

Exceptions for inclement weather or risk to security shall be documented. LHS

Compliance Documentation:

• Review written policy and procedures
• Review exercise documentation
• Review exception documentation (disciplinary segregation inmates exempt)
• Observation
• Interview staff/inmates

6VAC15-40-155. Policies shall ensure inmate access to recreational activities.

Compliance Documentation:

• Review written policy and procedures
• Observation
• Interview staff/inmates

6VAC15-40-160. Facilities shall develop written eligibility criteria for work, educational, electronic monitoring, or rehab releases, and inmates must meet these before participation.

Compliance Documentation (if applicable):

• Review written eligibility criteria/court order
• Review court notification documentation
• Review non-court ordered placement documentation (court or commonwealth’s attorney shall be notified in writing per §53.1-131 of Virginia Code)
• Review work, educational, rehabilitation releases (Virginia Code §53.1-131) and electronic monitoring (Virginia Code §53.1-131.2) case files
• Regional jails must provide sheriff’s delegation of authority or approval documentation for work release
• Interview staff

6VAC15-40-170. Procedures shall ensure inmate accountability and community supervision, including minimum requirements.

1. Provisions for a daily inmate count; 6
2. Methods for identifying inmates authorized to leave the facility;
3. Provisions for controlled sign-out/sign-in process;
4. Provisions require at least one staff-initiated call weekly, one random field visit per month, or GPS monitoring to verify inmate location.

Compliance Documentation (if applicable):

• Review written accountability/supervision procedures
• Review sign-out/in logs
• Review documentation of telephone contacts and random field visits/GPS monitoring
• Interview staff

6VAC15-40-180. Inmate participation in work release shall meet specified conditions unless court orders otherwise.

1. Inmate participation shall be voluntary.
2. For federal contracts, conditions include: a. consultation with union representatives; b. employment must not displace workers or affect surplus trades; c. pay and conditions must match local standards.

Compliance Documentation (if applicable):

• Review documentation to verify employer’s federal contract status
• Review court order (if applicable)
• Interview staff/inmates

Many facilities include provisions in #2 within employer agreements to ensure compliance.

6VAC15-40-190. Conditions for inmate participation in educational or rehabilitation release programs shall conform to specified conditions unless ordered otherwise by a court.

1. Inmate participation may be voluntary or court-ordered;
2. Meetings or classes shall be regularly scheduled; and 7
3. Other conditions shall not be more restrictive than those for other participants.

Compliance Documentation (if applicable):

• Review court order, records and/or correspondence
• Review inmate records
• Interview staff

6VAC15-40-200. Furlough – Inmates in work, educational, or rehabilitation release programs may be considered for furloughs up to three days, governed by facility policy and §53.1-132.

Compliance Documentation (if applicable):

• Review written policy and procedures
• Review facility records/logs
• Interview staff/inmates

This standard does not apply to furloughs granted by sentencing court for medical or funeral reasons.

6VAC15-40-210. Earnings – Written procedures shall ensure accountability of all earnings received, disbursed, and reasons, per §53.1-131.

Compliance Documentation (if applicable):

• Review written accountability procedures
• Interview staff/inmates

6VAC15-40-220. Removing inmates from the program shall follow written criteria and procedures.

1. Procedures shall include provisions for impartial inmate hearings.
2. Procedures shall include provisions for appealing the removal.
3. Documentation shall show this information was explained to all inmate participants upon assignment.

Compliance Documentation (if applicable):

• Review written procedures including all 3 required elements
• Review documentation of removal/court order
• Interview staff/inmates; facilities with work, educational, or rehabilitation releases involving state offenders must have a written agreement with the director or designee.

Compliance Documentation (if applicable):

• Review written agreement
• Interview staff

6VAC15-40-240. State offenders in work, educational, or rehabilitation programs must meet DOC criteria, be approved by DOC Central Classification, and follow a written agreement per §53.1-131.

Compliance Documentation (if applicable):

• Review approval letter from Central Classification Services or facility’s request for inmate work release
• Review court order (if applicable)

6VAC15-40-250. Inmates shall be allowed voluntary participation in religious services or counseling during scheduled hours, guaranteeing lawful religious practices while maintaining order and security.

Compliance Documentation:

• Review written policy and procedures
• Review schedule/logs
• Observation
• Interview staff/inmates

6VAC15-40-260. Written policies shall describe volunteer services; facilities shall support community social services and volunteer programs.

Compliance Documentation:

• Review written policy and procedures
• Review schedule/logs 9
• Interview staff/inmates

6VAC15-40-270. Volunteer programs shall be coordinated per written policies; volunteers shall sign agreements to follow rules.

Compliance Documentation:

• Review written policy and procedures
• Review signed volunteer statements

6VAC15-40-280. Educational services shall be governed by written policies, including agreements with local schools for special education, and coordination with local authorities for community resources.

Compliance Documentation:

• Review written policy and procedures
• Review written agreement for special educational services
• Review written agreement with local authorities (if available)
• Review educational program schedule
• Interview staff/inmates

6VAC15-40-290. Facilities shall provide reading materials, including current periodicals.

Compliance Documentation:

• Review list of at least two periodicals (newspapers, magazines, or both)
• Review inmate handbook/schedule
• Observation
• Interview staff/inmates

6VAC15-40-300. Reading materials shall be permitted unless they threaten security or violate facility restrictions.

Compliance Documentation:

• Review reading material
• Review documentation of denials (if applicable)
• Interview staff/inmates. Facilities may restrict material access from publishers, book clubs, or bookstores.

6VAC15-40-310. Commissary services shall be available weekly; policies shall specify restrictions and durations.

Compliance Documentation:

• Review written policy and procedures
• Review commissary list
• Review weekly commissary receipts
• Interview staff/inmates

The commissary list should include hygiene and food items; authority for sheriff-operated stores is in §53.1-127.1, and for regional jails in §53.1-115.2.

6VAC15-40-320. Licensed Physician – A licensed physician shall supervise the facility’s medical and health care services. Facilities that contract with private medical facilities or vendors shall maintain a current copy of the agreement, unless employed by the facility. LHS

Compliance Documentation:

• Review current license
• Review current copy of agreement (if applicable)
• Interview staff

Refer to definition of current.

6VAC15-40-330. No restrictions shall be imposed on medical practice; applicable administrative and security regulations shall apply.

Compliance Documentation:

• Interview staff

6VAC15-40-340. Health Care Provider and Licensing, Certification and Qualification of Health Care Personnel – Each facility shall have a minimum of one licensed or qualified health care provider who is accessible to inmates a 11 minimum of one time per week. Health care personnel shall meet appropriate and current licensing, certification, or qualification requirements. LHS

Compliance Documentation:

• Review current licensing/qualifications for health care provider
• Review schedule/documentation of accessibility to inmates
• Review current licensing/certification/qualification for in-house health care personnel
• Interview staff/inmates

Further Information: Refer to definition of current.

6VAC15-40-350. In-house medical services shall include space for private examinations and treatment.

Compliance Documentation (if applicable):

• Observe medical examination and treatment area
• Interview staff

6VAC15-40-360. Twenty-Four Hour Emergency Medical and Mental Health Care – Written policy, procedure, and practice shall provide 24-hour emergency medical and mental health care availability. LHS

Compliance Documentation:

• Review written policy and procedure
• Review incident reports (if applicable)
• Interview staff

6VAC15-40-370. All inmates shall undergo receiving and medical screening upon admission, per written policies.

1. Specify screening for current illnesses, health issues, conditions, and past communicable diseases;
2. Specify screening for current mental health symptoms, dental issues, allergies, medications, dietary needs, and venereal disease symptoms;
3. Include inquiry into past/present drug/alcohol abuse, mental health, depression, suicidal tendencies, and skin conditions;
4. For female inmates, include inquiry into pregnancy or gynecological issues;
5. All inmates shall receive a tuberculosis (TB) skin test within seven days of admission to the facility. LHS 12 Compliance Documentation:

• Review written policy and procedures
• Review medical screening form (all 5 elements required)
• Interview staff

Refer to definition of medical screening; it may be conducted by booking officer or health care personnel.

6VAC15-40-380. Inmate Access to Medical Services – Written policy, procedure, and practice shall be developed whereby inmates shall be informed, at the time of admission to the facility, of the procedures for gaining access to medical services. LHS

Compliance Documentation:

• Review written policy and procedures
• Review inmate handbook/orientation
• Interview staff/inmates

6VAC15-40-390. Training and Competency of Staff – All security staff shall be trained and competent in rendering basic first aid and CPR by a recognized certifying agency. All training shall be documented. LHS

Compliance Documentation:

• Review current training records (first aid/CPR cards, roster, or curriculum)
• Interview staff

Further Information: Refer to definition of current.

6VAC15-40-393. Staff in contact with inmates shall be trained in universal precautions annually; training shall be documented.

LHS Compliance Documentation:

• Review training records
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-395. Management of Sharps – Written policy, procedure, and practice shall govern the control, storage, and use of sharps including, at a minimum, needles, scalpels, lancets, and dental tools. LHS 13 Compliance Documentation:

• Review written policy and procedures
• Review inventory sheets
• Observe storage area
• Interview staff

6VAC15-40-400. Management of Pharmaceuticals – Written procedures for the management of pharmaceuticals shall be established and approved by the medical authority or pharmacist, if applicable. Written policy, procedure, and practice shall provide for the proper management of pharmaceuticals, including receipt, storage, dispensing and distribution of drugs. These procedures shall be reviewed every 12 months by the medical authority or pharmacist. Such reviews shall be documented. LHS

Compliance Documentation:

• Review written policy and procedures
• Review medication administration records
• Review records for disposal of unused or expired medications
• Review medical authority 12 month review
• Observe storage area
• Interview staff

Refer to definitions of medical authority and twelve months; Virginia Board regulations address prescription drug handling (18VAC110-20-590) and return (18VAC110-20-400).

6VAC15-40-405. Automated External Defibrillator (AED) – There shall be a minimum of one AED unit available in the facility. All security staff shall receive training in the operation of the unit. LHS

Compliance Documentation:

• Review current official training records
• Observation

Further Information: Refer to definition of current.

6VAC15-40-410. Inmate Medical Records – The medical record for each inmate shall be kept separate from other facility records and shall include the following:

1. The completed screening form; and
2. All findings, diagnoses, treatments, dispositions, prescriptions, and administration of medication. 14 Compliance Documentation:

• Review inmate medical records (see 6VAC15-40-90 for review number)
• Observe inmate medical records storage

6VAC15-40-420. Transfer of Summaries of Medical Record – Medical record summaries shall be transferred to the same facility to which the inmate is being transferred. Required information shall include: vital signs, current medications, current medical/dental problems, mental health screening, mental health problems, TB skin test date and results, special inmate needs/accommodations, pending medical appointments, medical dispositions, overall comments, health care provider/personnel signature and date, and any additional pertinent medical information such as lab work, x-rays, etc. LHS

Compliance Documentation:

• Review medical record summary sheets

6VAC15-40-430. Medical or Pharmaceutical Testing for Experimental or Research Purposes – Written policy and practice shall prohibit medical or pharmaceutical testing for experimental or research purposes. LHS

Compliance Documentation:

• Review written policy
• Interview staff/inmates

6VAC15-40-440. Medical Care Provided by Personnel Other than Physician – Medical care provided by personnel other than a physician shall be pursuant to a written protocol or order. Protocols or orders shall be reviewed and signed by the supervising physician every 12 months. LHS

Compliance Documentation:

• Review written protocol or order
• Review documentation of 12-month review and physician approval
• Interview staff

Further Information: Refer to the definition of twelve months. Protocols or orders may be inmate-specific.

6VAC15-40-450. Suicide Prevention and Intervention Plan – There shall be a written suicide prevention and intervention plan. These procedures shall be reviewed and documented by an appropriate medical or mental health authority prior to implementation and every three years thereafter. These procedures shall be reviewed every 12 months by staff having contact with inmates. Such reviews shall be documented. LHS 15 Compliance Documentation:

• Review written suicide prevention and intervention plan
• Review approval by medical or mental health authority
• Review documentation of 12 month staff review
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-470. Medical Co-Payment – Jail treatment programs with inmate cost-sharing shall be governed by written policy and procedure.

Compliance Documentation:

• Review written policy and procedures

Further Information: The Board of Corrections' model plan guides establishing a medical treatment program per §53.1-133.01; available through the DOC Local Facilities Supervisor.

6VAC15-40-480. Set Fees Required – Inmate payments for medical services shall not exceed fees set by the Board of Corrections in the Model Plan per §53.1-133.1.

Compliance Documentation:

• Review fee schedule
• Interview staff/inmates

6VAC15-40-490. Policy and Procedure Information – Written policy shall specify at minimum:

1. Medical services subject to fees;
2. Fee amounts;
3. Payment procedures;
4. Medical services provided at no cost;
5. Fee application to emergencies, chronic care, and pre-existing conditions;
6. Written notification to inmates of proposed fee changes.

Compliance Documentation:

• Review written policy and procedures
• Interview staff 16 6VAC15-40-500; inmates advised of fees and procedures at admission/orientation.

Compliance Documentation:

• Review inmate handbook/orientation
• Interview staff/inmates

6VAC15-40-510. Ability to Pay – Policies shall ensure no inmate is denied medically necessary services based on ability to pay.

Compliance Documentation:

• Review written policy and procedures
• Review inmate records
• Interview staff/inmates

6VAC-40-520. Acknowledgement in Writing – Inmate acknowledgment of medical fee debits shall be in writing; if refused, signed by a witness.

Compliance Documentation:

• Review inmate records
• Interview staff/inmates

6VAC15-40-530. Accounting Procedures – A dedicated account shall handle medical fee deposits and disbursal, governed by accepted accounting principles.

Compliance Documentation:

• Review accounting process
• Review inmate records
• Review audit report (if available)
• Interview staff

6VAC15-40-540. Standards for Food Service Equipment and Personnel – Policies shall ensure equipment and personnel meet safety standards per State Board of Health Food Regulations.

The facility shall have a Virginia Department of Health (VDH) inspection conducted every 12 months. Written reports of the VDH inspections shall be on file with the facility administrator. LHS 17 Compliance Documentation:

• Review written policy and procedures
• Review VDH inspection reports
• Review license/permit

Further Information: Refer to definition of twelve months.

6VAC15-40-545. Standards for Inmate Food Service Workers – Visual medical exams within 30 days prior and quarterly, TB tests before assignment, documented; TB-positive inmates shall not work in food service.

LHS

Compliance Documentation:

• Review written policy and procedures
• Review documentation of visual medical examination and TB skin test of inmates assigned to food service

6VAC15-40-550. Food Service Program – Policies shall ensure a compliant food service program.

1. The menu meets dietary allowances in the RDA, National Academy of Sciences;
2. There is at least a one-week advance menu preparation;
3. Menu modifications are based on inmates’ medical or religious needs; medical or dental diets must be prescribed by medical authority;
4. RDA evaluation of menus must be completed by an independent dietitian or nutritionist every three years;
5. Additional evaluations shall be completed when a substantive change in the menu or food service provider occurs. LHS

Compliance Documentation:

• Review written policy and procedures
• Review all menus
• Review menu modifications for medical and religious diets (if applicable)
• Review RDA evaluation of facility menus
• Review license/certification of dietician or nutritionist
• Review additional menu evaluations (if applicable)
• Interview staff

Further Information: DOC institutional menus may be used by the facility in lieu of RDA evaluations. 18 6VAC15-40-560. Meals Prepared, Delivered, and Served Under Direct Supervision of Staff – Written policy, procedure, and practice shall ensure meals are prepared, delivered, and served under the direct supervision of staff. LHS

Compliance Documentation:

• Review written policy and procedures
• Observation
• Interview staff

6VAC15-40-570. Records of Meals Served – Records shall be kept for at least three years.

Compliance Documentation:

• Review written policy and procedures
• Review menus

6VAC15-40-580. Food Services Program Not a Disciplinary Measure – Written policy, procedure, and practice shall ensure food is not used as disciplinary measure. LHS

Compliance Documentation:

• Review written policy and procedures
• Review documentation of alternate meal usage (if applicable)
• Interview staff/inmates

6VAC15-40-590. Number and Spacing of Meals – At least three daily meals, no more than 14 hours between evening and breakfast, with two hot meals every 24 hours.

Compliance Documentation:

• Review written policy and procedures
• Review documentation of meal times
• Interview staff/inmates

6VAC15-40-600. Correspondence Privileges – All inmates shall have equal privileges; privileges shall not be revoked as punishment.

Compliance Documentation:

• Review written policy and procedures
• Interview staff/inmates 19 6VAC15-40-610. Policy ensures no limit on inmate mail volume, length, language, content, or source unless justified by clear evidence.

Compliance Documentation:

• Review written policy and procedures
• Review documentation of exceptions (if applicable)
• Interview staff/inmates

6VAC15-40-620. Postage Allowance – Indigent inmates shall receive at least five first-class (1 oz) letters weekly, including legal mail; indigent defined as less than five stamps' worth for 15 days.

Compliance Documentation:

• Review written policy and procedures
• Review definition of indigent inmate
• Review documentation verifying indigent inmates receive weekly postage allowance
• Interview staff/inmates

Further Information: Reimbursement provisions may be made when funds are sufficient.

6VAC15-40-630. Outgoing mail shall be sent during USPS days; incoming mail shall be delivered within 24 hours or forwarded/returned. Contingent on USPS schedule.

Compliance Documentation:

• Review written policy and procedures
• Review documentation (if applicable)
• Interview staff/inmates

6VAC15-40-640. General and Legal Correspondence – Authorized personnel may open, examine, and censor mail per USPS Manual, Section 274.96.

Legal correspondence shall be opened in the inmate's presence during searches. 20 Compliance Documentation:

• Review written policy and procedures
• Review documentation (if applicable)
• Interview staff/inmates

Further Information: USPS Manual, Section 274.96, states authorized personnel may open, examine, and censor inmate mail; inmates may designate outside agents in writing.

6VAC15-40-650. Notice of Mail Contraband Seizure – Inmates shall be notified in writing of seizure reasons; senders may appeal to the facility administrator. Property not needed for investigation shall be stored, returned, or destroyed.

Compliance Documentation:

• Review written policy and procedures
• Review written notification to inmate and sender
• Review seizure records and appeals (if applicable)
• Interview staff/inmates

Further Information: Seizure includes items inmates cannot keep, including items in property for return upon release.

6VAC15-40-660. Access to Telephone Facilities – Written policy, procedure, and practice shall ensure inmates have reasonable access to telephone facilities, except where safety and security considerations are documented.

Compliance Documentation:

• Review written policy and procedures
• Review inmate handbook
• Review schedule (if applicable)
• Observation
• Interview staff/inmates

Further Information: In the event of inmate abuse, telephone privileges may be restricted, suspended or revoked with appropriate documentation. 21 6VAC15-40-670. Delivery of Emergency Messages to Inmates – Written policy, procedure, and practice shall ensure that emergency messages to inmates are delivered promptly and documented.

Compliance Documentation:

• Review written policy and procedures
• Review documentation of calls received and delivered
• Interview staff/inmates

Visiting Opportunities – Written policy shall ensure maximum visits limited by schedules, space, personnel, and inmate discipline. Attorneys shall have confidential visits.

Compliance Documentation:

• Review written policy and procedures
• Review visitor logs/records
• Observe visitation area
• Interview staff/inmates

Approved Items Visitors May Bring – Facility shall post a list of approved items visitors may bring.

Items brought by visitors for inmates shall be inspected and approved.

Compliance Documentation:

• Review list of approved items
• Review inmate handbook
• Observation

Visitor Registration and Searches – Written policy shall specify registration requirements and circumstances/methods for searching visitors.

Compliance Documentation:

• Review written policy and procedures
• Review visitor registration records
• Review visitor search records (if applicable)

Admitting Individuals – Written policy shall address procedures for admitting individuals into the jail.

1. Verification of commitment; 22
2. Search individual and possessions;
3. Dispositions of clothing and personal possessions;
4. Interview for obtaining identifying data;
5. Photograph; and
6. Telephone calls.

Compliance Documentation:

• Review written policy and procedures
• Review commitment records
• Review property records
• Review inmate records
• Interview staff/inmates

Inmates Confined – Written policy shall address procedures for inmate confinement.

1. Shower/search;
2. Issuance of clean clothing/hygiene items/linen;
3. Classification and housing assignment;
4. Orientation; and
5. Provision of mattresses.

Compliance Documentation:

• Review written policy and procedures
• Review property issue records
• Review classification documents
• Review orientation process
• Observation
• Interview staff/inmates

Booking Calls – Newly admitted capable inmates shall complete at least two local or long-distance calls. Accommodations shall be made for non-English, hearing, and visually impaired inmates.

Compliance Documentation:

• Review written policy and procedures
• Review phone logs
• Observation
• Interview staff/inmates

Clothing, Linen, Towels – Record shall show weekly supply of linens and towels, twice-weekly clothing, and inmate accountability.

LHS

Compliance Documentation:

• Review written policy and procedures
• Review laundry records
• Interview staff/inmates (Clothing offered on two days)

Special/Protective Clothing – Facility shall issue to inmates in food service, farm, sanitation, mechanical, and other work functions.

Compliance Documentation:

• Observation
• Interview staff/inmates

Special/protective clothing may include gloves, glasses, steel-toed boots, etc.

Bathing – Sufficient hot and cold water shall be available; inmates shall bathe twice weekly.

Compliance Documentation:

• Observation
• Interview staff/inmates

Hygiene Items – Provide soap, toothbrush, toothpaste upon admission; feminine hygiene on request; shaving equipment and haircuts available; hygiene needs met.

Compliance Documentation:

• Review property issue records
• Review definition of feminine hygiene items
• Interview staff/inmates

Items Inmate May Retain – Policy shall specify items inmates may keep.

• Review written policy and procedures
• Review inmate handbook/orientation
• Observation
• Interview staff/inmates

Cash/Property Inventory – Itemized inventory at booking; signed copies provided; signatures required, not just computerized ID.

Compliance Documentation:

• Review inventory sheets for both inmate and staff signature
• Review documentation for property released by inmate
• Interview staff/inmates

Refusals to sign shall be documented.

Inmate Funds – Controlled by accepted procedures; copies of accounts provided upon request.

Compliance Documentation:

• Review inmate requests
• Review documentation of facility response to requests
• Review audit reports (if available)
• Interview staff/inmates

Property/Funds Return – Returned upon release/transfer; receipt required.

Compliance Documentation:

• Review property and account records acknowledged by the inmate in writing
• Interview staff

Funds generally returned at transfer/discharge; exceptions include bonding, emergencies.

Conduct – Policy shall govern inmate discipline.

1. Rules of conduct, including sanctions for rule violations;
2. Procedures for pre-hearing disciplinary detention; and
3. Procedures for processing violators, including plea agreements that may waive inmates’ right to appeal.

Compliance Documentation:

• Review written policy and procedures
• Review misconduct reports/plea agreements

Inmate Handbook – Inmates shall be informed, receive, and sign upon housing assignment and intake.

1. Copy of inmate rules of conduct, including sanctions;
2. The policy and procedures governing inmate discipline.

Compliance Documentation:

• Review inmate handbook
• Review documentation of inmate acknowledgement
• Interview staff/inmates

Accommodations shall be made for language or comprehension issues.

Inmate Keep Fee – If charged, fee shall not exceed the Board of Corrections Model Plan per §53.1-131.3.

Written policy, procedure, and practice shall include at minimum:

1. Provisions requiring facility to notify inmate of fee in writing upon admission/orientation;
2. Payment and refund procedures;
3. Accounting procedures;
4. Provisions designating exempt inmates, if any;
5. If release and arrival are within 24 hours, charge only one day’s fee;
6. When charged, deductions shall be reflected in the inmate’s account.

Compliance Documentation (if applicable):

• Review written policy and procedures
• Review inmate handbook/orientation
• Review inmate account records
• Interview staff/inmates 6VAC15-40-833. Discipline – When an inmate may lose good time or be placed on disciplinary segregation, minimum procedures include:

1. Inmate shall receive written notice of charge and basis at least 24 hours before hearing;
2. Charge shall be heard in inmate’s presence by impartial officer/committee unless waived or behavior excludes. Reasons for absence/exclusion must be documented;
3. Inmate shall have opportunity to be assisted by staff or fellow inmate in defense;
4. Fact finders shall provide written statement of evidence and reasons for disciplinary action; and
5. Inmate may appeal guilt findings to facility administrator or designee.

Compliance Documentation:

• Review written policy and procedures
• Review disciplinary actions
• Review status of inmates placed on disciplinary segregation
• Interview staff/inmates

Sanctions – Punishments shall follow minimum procedural requirements.

1. Inmate shall have opportunity to explain or deny the charge;
2. Inmate may appeal guilt findings to facility administrator or designee.

Compliance Documentation:

• Review written policy and procedures
• Review disciplinary reports
• Review signed inmate waivers (if applicable)
• Interview staff/inmates

6VAC15-40-840. Post to Control Security of Jail – The facility shall maintain a designated post, staffed 24 hours a day, that controls activities and flow of people in and out of the secure area of the jail. Main facility control posts may be staffed by civilian personnel who have been provided on-the-job training in facility security procedures, emergency plans, and communications. Such training shall be documented in writing with the same frequency as required by standards for all facility employees. Civilian personnel assigned to the control 27 posts shall not be assigned to other posts requiring direct inmate contact and supervision. LHS

Compliance Documentation:

• Review training records for civilian personnel
• Review post orders or job descriptions 6VAC15-40-960
• Review restrictions on inmate access to control centers
• Observation
• Interview staff

Outside Recreation – Area shall be secure to prevent unauthorized public access.

Compliance Documentation (if applicable):

• Observation

Entrances and Doors – All perimeter, control, and cell doors shall remain locked except for authorized access or emergencies.

Compliance Documentation:

• Review written policy and procedures
• Observation
• Interview staff

6VAC15-40-870. Security and Storage of Security Devices – Written policy, procedure, and practice shall govern the security, storage, and use of firearms, ammunition, chemical agents, and related security devices that are stored in and assigned to the facility to ensure that: LHS

1. Facility shall provide secure storage for firearms, ammunition, chemical agents, and security devices accessible only to authorized personnel outside security perimeter or inmate areas;
2. Personnel carrying firearms/ammunition are assigned positions inaccessible to inmates, except emergencies;
3. Personnel discharging firearms or chemical agents (non-training) must submit written reports to the administrator by shift end;

Compliance Documentation:

• Review written policy and procedures 28
• Review training records on firearms and chemical agents
• Review master inventory sheets
• Review written reports (if applicable)
• Observe storage areas (gun boxes, armory, etc.)
• Interview staff

Officer Entry – Policy shall specify conditions for entering cells during emergencies.

Compliance Documentation:

• Review written policy and procedures
• Interview staff

Further Information: Policies and procedures are determined by the facility’s design and philosophy, varying by style, and should consider staff and inmate security. Consult Compliance and Accreditation or your Local Facility Manager.

6VAC15-40-890. Mechanical Audio Communications – The facility shall provide a system enabling staff to communicate for supervision.

Compliance Documentation:

• Observation

6VAC15-40-900. Examination and Maintenance of Security Devices – Written policy, procedure, and practice shall specify that, at least once daily, a careful examination is made of security devices and that maintenance is routinely performed to ensure their proper operation. LHS

Compliance Documentation:

• Review written policy and procedures
• Review daily security device checks
• Review maintenance logs
• Interview staff on security devices: locks, bars/doors, windows

6VAC15-40-910. Searches of Facility and Inmates – Written policy, procedure, and practice provide for searches of facilities and inmates to control contraband and provide for the disposition of contraband. A schedule of searches shall be developed to ensure all housing areas of the facility have been searched on a 29 random, but at least quarterly, basis. These procedures are not made available to inmates. LHS

Compliance Documentation:

• Review written policy and procedures
• Review documentation of quarterly facility and inmate searches
• Review disposition records
• Interview staff

6VAC15-40-920. Contraband – Facility shall have a policy on contraband control available to inmates via handbook or orientation.

Compliance Documentation:

• Review written policy
• Review posting or method of availability (inmate handbook, orientation, etc.)
• Interview staff/inmates 6VAC15-40-930. Key and Door Control – Written policy, procedure, and practice shall govern key and door control. Perimeter security door keys shall not be issued to staff unless authorized as per the approved emergency plans. LHS

Compliance Documentation:

• Review written policy and procedures
• Review master key inventory
• Review issuance log
• Observe set of emergency keys
• Observe storage area and use
• Interview staff

6VAC15-40-940. Culinary Items – Written policy, procedure, and practice shall govern the control and use of culinary items. LHS

Compliance Documentation:

• Review written policy and procedures
• Review master inventory sheet or shadow board
• Review issuance log/accountability procedures
• Observation
• Interview staff

6VAC15-40-945. Tools – Written policy, procedure, and practice shall govern the control and use of tools. LHS 30 Compliance Documentation:

• Review written policy and procedures
• Review master inventory sheet or shadow board
• Review issuance log/accountability procedures
• Observation
• Interview staff

6VAC15-40-950. Flammable, Toxic and Caustic Materials – Written policy, procedure, and practice shall specify the control and storage of cleaning equipment and use of all flammable, toxic, and caustic materials. Inmate access shall be limited and closely supervised. LHS

Compliance Documentation:

• Review written policy and procedures
• Review master inventory of all chemicals stored within the facility
• Review MSDS for all chemicals stored in the facility
• Observe secure storage area
• Observe flammable materials stored in approved fireproof cabinet or outside
• Interview staff

6VAC15-40-960. Duty Post Functions – Each post shall have a clear description, and post orders shall be readily available.

Compliance Documentation:

• Review post orders/job descriptions
• Interview staff

Further Information: Refer to post order definition; include emergency procedures.

6VAC15-40-970. Restrictions of Physical Force – Written policy, procedure, and practice shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, orderly operation of the facility and prevention of escapes. In no event is physical force justifiable as punishment. A written report shall be prepared following all such incidents described above and shall be submitted to the facility administrator, or designee, for review and justification. LHS

Compliance Documentation:

• Review written policy and procedures
• Review use of force reports
• Interview staff; use the least force necessary to control inmates.

6VAC15-40-980. Restraint Equipment – Policies shall govern restraint use, with a monitoring protocol approved by medical authority.

Compliance Documentation:

• Review written policy and procedures
• Review medical approval and monitoring for restraint chair or 4-point restraints
• Review approval from facility administrator, senior supervisor or designee
• Review incident reports (if applicable)

6VAC15-40-985. Pregnant Offenders – During transport outside secure perimeter, pregnant inmates shall be handcuffed in front unless a security risk is determined individually.

1. If an individualized determination exists, inmate shall be restrained in least restrictive method for transport; waist chains/belts shall not be used.
2. If more restrictive restraints are needed during transport, staff shall notify a supervisor ASAP and submit a use of force report with reasons and restraint type by shift end for review.

B. Restraints during labor/delivery are prohibited unless a security risk is individually determined.

C. If restraints are needed during labor/delivery, the least restrictive method shall be used, and restraints shall be removed if they threaten health or life. Waist chains/belts are prohibited.

D. More restrictive restraints during labor/delivery require supervisor notification and a use of force report submitted by shift end.

E. This subsection is intended to apply during postpartum recovery while the inmate is in the hospital such that after an individualized determination, an inmate shall be restrained in the least restrictive method (i.e., one ankle restraint 32 or one arm restraint) that will allow for the mother's safe handling of her infant and mother-infant bonding, except where necessary when the inmate is a flight risk or danger to herself or others, or the totality of the circumstances creates a serious security risk. If it is deemed restraints more restrictive than one ankle restraint or one arm restraint are needed, security staff shall notify a supervisor as soon as reasonably practical and a use of force report indicating the reason for the use of restraints and type of restraints shall be submitted to a supervisor no later than the conclusion of the shift for review and justification.

F. Staff shall annually review policies on restraining pregnant inmates.

G. Pregnant inmates in non-labor medical treatment shall be restrained minimally, without waist chains/belts, in consultation with medical staff.

Compliance Documentation:

• Review written policy and procedures
• Review incident reports (if applicable)
• Review documentation of annual staff reviews

6VAC15-40-990. Administrative Segregation – Policies shall cover segregation for security threats and protective custody.

Compliance Documentation:

• Review written policy and procedures
• Review inmate records
• Observation
• Interview staff/inmates

6VAC15-40-1000. Physical Living Conditions for Disciplinary Detention and Administrative Segregation – Written policy, procedure, and practice shall ensure that, inmate behavior permitting, the disciplinary detention and administrative segregation units provide physical living conditions that approximate those offered in the general population.

Compliance Documentation:

• Review written policy and procedure
• Observation
• Interview staff

6VAC15-40-1010. Mental Health Inmates – Written policy, procedure, and practice shall specify the handling of mental health inmates, including a current agreement to utilize mental health services from either a private contractor or the community services board. LHS 33 Compliance Documentation:

• Review written policy and procedures
• Review current written agreement/contract
• Review inmate records (if applicable)
• Interview staff

Further Information: Refer to definition of current.

6VAC15-40-1020. Activity Records – Policies shall require records of activities (admissions, visits, showers, exercise, meals, behavior, mail, release) in segregation units.

Compliance Documentation:

• Review written policy and procedures
• Review record of activities 6VAC15-40-1030. Assessment of Inmates in Disciplinary Detention or Administrative Segregation – Written policy, procedure, and practice shall require that a documented assessment by medical personnel that shall include a personal interview and medical evaluation of vital signs, is conducted when an inmate remains in disciplinary detention or administrative segregation for 15 days and every 15 days thereafter. If an inmate refuses to be evaluated, such refusal shall be documented. LHS

Compliance Documentation:

• Review written policy and procedures
• Review documented evaluation (within 15 days)
• Review documented refusals (if applicable)
• Interview staff

6VAC15-40-1040. Staff Training – The facility shall provide for 24-hour supervision of all inmates by trained personnel. LHS

Compliance Documentation:

• Review training records

Further Information: Refer to trained definition. 6VAC15-40-1045. Inmate housing shall be inspected at least twice hourly at random intervals.

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 inmates or the entire housing area. LHS

Compliance Documentation:

• Review documentation of random checks ● Observation of housing areas (inspection means visual observance of all inmates in the housing area including linear, indirect and direct supervision facilities)
• Interview staff/inmates

6VAC15-40-1050. Supervisory Inspection – Daily general inspections shall be conducted and documented.

Unusual findings shall be documented and reviewed by senior supervisor or designee.

Compliance Documentation:

• Review documentation of daily inspections
• Review incident reports/logs
• Interview staff

6VAC15-40-1060. Inmate Movement – Policies shall regulate inmate movement within the facility.

Compliance Documentation:

• Review written policy and procedures
• Review system utilized to track inmate movement
• Observation
• Interview staff

6VAC15-40-1070. Inmate Control – Policies shall prohibit inmates supervising or controlling others.

Compliance Documentation:

• Review written policy and procedure
• Interview staff/inmates

6VAC15-40-1080. There shall be fire prevention practices and written emergency plans outlining staff duties, procedures, evacuation routes, and responses to fire, hazardous material release, utility loss, natural disaster, hostage situations, riots, disturbances, escapes, bomb threats, and mass arrest.

Emergency plans shall be reviewed every 12 months by all staff. These reviews shall be documented. Each facility shall conduct and document quarterly fire drills. LHS

Compliance Documentation:

• Review fire prevention practices (smoke detection, serviced fire extinguishers, clutter-free living areas, proper storage of combustibles)
• Review staff duties
• Review evacuation routes
• Review emergency plans
• Review documentation of 12 month staff review
• Review documentation of quarterly fire drills
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-1090. Written policy, procedure, and practice shall require positive identification of the releasee, verification of release authority, and a check for holds in other jurisdictions before inmate release.

Compliance Documentation:

• Review written policy and procedures
• Review documentation of NCIC/CCRE checks
• Interview staff

6VAC15-40-1100. Fire Safety Inspection – The facility shall have a state or local fire safety inspections 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. LHS Compliance Documentation:

• Review fire safety inspection reports
• Review violation action plans and approval documentation by Fire Marshal’s Office or local fire marshal
• Interview staff

Further Information: Refer to definition of twelve months.

6VAC15-40-1111. If equipped with self-contained breathing apparatus, security staff shall be trained, and quarterly drills conducted and documented. 36 Compliance Documentation (if applicable):

• Review training records
• Review documentation of quarterly drills
• Observation

6VAC15-40-1120. Mattresses, Pillows and Trash Receptacles – Mattresses, pillows and trash receptacles present in the secured housing shall be of fire retardant materials. LHS

Compliance Documentation:

• Review mattresses, pillows, trash receptacles for fire retardants
• Observation

6VAC15-40-1140. Cleanliness – The facility floors, halls, corridors and other walkway areas shall be maintained in a clean, dry, hazard-free manner. LHS

Compliance Documentation:

• Observation of cracks/rust in showers and floors (dayroom and cell areas) that may cause water/dirt buildup and unsanitary conditions

6VAC15-40-1150. Vermin and Pest Control – The facility shall control vermin and pests and shall be serviced at least quarterly by a licensed pest control business or personnel certified by the Virginia Department of Agriculture and Consumer Services. LHS

Compliance Documentation:

• Review pest control contract or license
• Review quarterly service records
• Observation
• Interview staff/inmates

6VAC15-40-1160. Appropriate Lighting and Heating – A. All housing and activity areas shall provide for appropriate lighting and heating.

B. Appropriate lighting shall be at least 20 footcandles at desk level and in personal grooming areas.

C. Heat shall be evenly distributed in all rooms so that a temperature no less than 65° F is maintained. Air conditioning or mechanical ventilation 37 systems, such as electric fans, shall be provided when the temperature exceeds 85° F. LHS

Compliance Documentation:

• Light meter readings
• Observation
• Interview staff/inmates

6VAC15-40-1170. Water Utilities – All housing areas shall have toilets, showers, drinking water and washbasins with hot and cold running water accessible to inmates. LHS

Compliance Documentation:

• Observation
• Interview staff/inmates

6VAC-15-40-1180. The facility shall have a special purpose area for temporary detention and care of persons under influence of alcohol or narcotics, violent or self-destructive, or needing medical supervision.

Compliance Documentation:

• Observation
• Interview staff

6VAC15-40-1190. Facilities housing juveniles occasionally shall be certified by the Board of Corrections for holding juveniles.

Compliance Documentation (if applicable):

• Review Board of Corrections certificate

6VAC15-40-1193. Juveniles shall be housed separated by a barrier preventing visual contact and normal verbal communication with adults.

Compliance Documentation (if applicable):

• Observation of housing and juvenile movement patterns
• Interview staff

Separation of juveniles from adults can be achieved architecturally or procedurally in all secure areas.

Brief, accidental or inadvertent contact of juveniles with adult inmates will not be construed as a basis for a finding of non-compliance. 38 6VAC15-40-1195. Contact with Juveniles – The facility shall have one or more employees on duty at all times responsible for auditory and visual contact with each juvenile at least every 30 minutes. Contact shall be at least every 15 minutes when juveniles exhibit self-destructive or violent behavior. LHS

Compliance Documentation (if applicable):

• Review supervision logs
• Observation
• Interview staff

6VAC15-40-1200. Isolation and Segregation of Juveniles – Isolation cells or segregation within a cellblock shall be utilized only as a protective or disciplinary measure. LHS

Compliance Documentation (if applicable):

• Review isolation/segregation logs
• Observation 39