Current through Register Vol. XLI, No. 25, June 21, 2024
Section 90-5-3 - Procedure3.1 Notification. 3.1.1. Division of Corrections will notify all inmates in writing that their telephone conversations may be recorded and disclosed in accordance with this rule;3.1.2. Each correctional center shall prominently place a notice on, or immediately near, any telephone on which recording may take place;3.1.3. All recordings shall be retained for at least three (3) years and disposed of in accordance with Corrections Records Retention Schedule set forth pursuant to a records retention schedule tendered in accordance with W.Va. Code § 5A-8-9.3.2 Recording Method.3.2.1. An automated digital recording device, similar in concept and design to those used on"911 emergency systems", shall be installed in a secure, limited access location, and connected to the inmate telephone lines.3.2.2. All inmate telephone calls, except those made to the inmate's attorney, shall be automatically recorded.3.2.3. The warden of each correctional center shall designate an individual or individuals to monitor the telephone system and reviewing recorded calls.3.2.4. The contents of inmates' telephone calls may be disclosed to an appropriate law-enforcement agency pursuant to an order of a court or administrative tribunal when disclosure is necessary for the investigation, prevention or prosecution of a crime or to safeguard the orderly operation of the correctional institution.3.2.5. Disclosure may be made in civil or administrative proceedings pursuant to an order of a court or an administrative tribunal when the disclosure is: (A) Necessary to safeguard and protect the orderly operation of the correctional institution; or (B) Necessary to protect persons from physical harm or the threat of physical harm;3.3. Security. 3.3.1. The general public shall, to the extent possible, be protected from unwanted inmate calls.