W. Va. Code R. § 95-3-36

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 95-3-36 - Glossary
36.1. Audit. An examination of facility records or accounts to check their accuracy, which is conducted by a person(s) not directly involved in the creation and maintenance of the records of accounts. An independent audit results in an opinion which either affirms or disaffirms the accuracy of records or accounts. An operational or internal audit usually results in a report to management which is not shared with persons outside the agency.
36.2. Administrative Segregation. A form of separation from the general population administered by the classification committee or other authorized group, when the continued presence of the inmate in the general population would pose a serious threat to life, property, self, staff or other inmates, or the security or orderly running of the institution. Inmates pending investigation for trial on a criminal act or pending transfer can also be included. (See Protective Custody and Segregation.)
36.3. Booking. Both a law enforcement process and a detention facility procedure. As a police administrative action, it is an official recording of an arrest and the identification of the person, place, time, arresting authority, and reason for the arrest. In the detention facility, it is a procedure for the admission of a person charged with or convicted of an offense, which includes searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual's personal property.
36.4. Chemical Agent. An active substance, such as tear gas, used to deter activities which might cause personal injury or property damage.
36.5. Cell Block. A group or cluster of single and/or multiple occupancy cells or detention rooms immediately adjacent and directly accessible to a day or activity room. In some facilities the cell block consists of a row of cells fronted by a day room of corridor-like proportion.
36.6. Chief of Police. A local law enforcement official who is the appointed or elected chief executive of a police department and is responsible for the operation of the city jail or lockup.
36.7. Classification. A process for determining the needs and requirements of those for whom confinement has been ordered and for assigning them to housing units and programs according to their needs and existing resources.
36.8. Community Resources. Public and private organizations or agencies, or any individual from the community which offers services, facilities and other functions which can meet the needs of the facility.
36.9. Contact Visitation. Visitation between an inmate and a visitor in which limited physical contact is permissable and occurs in a setting without physical barriers between the inmate and the visitor.
36.10. Contraband. Any item possessed by inmates or found within the confinement facility which is declared illegal by law or not specifically approved for inmate possession by those legally charged with the responsibility for administration and operation of the facility.
36.11. Contractor. A person or organization which agrees to furnish materials or perform services for the facility/jurisdiction at a specified price. Contractors operating in detention facilities are subject to all applicable rules and regulations for the facility.
36.12. Correctional Officer. A trained employee of the authority having jurisdiction, usually uniformed, who is responsible for the custody, control, safety and well-begin of confined persons.
36.13. Detainee. Any person confined in a local detention facility not serving a sentence for a criminal offense.
36.14. Detention Facility. A confinement institution to which adults may be sentenced for up to one year or confined pending adjudication. (See Jail.)
36.15. Emergency. Any significant disruption of normal facility procedure, policy or activity caused by riot, strike, escape, fire, natural disaster or other serious incident.
36.16. Facility Administrator. Any official, regardless of local title (e.g., sheriff, chief of police, jail administrator, warden, superintendent) who has the ultimate responsibility for managing and operating the local detention facility.
36.17. Footcandle. A unit for measuring the intensity of illumination, the amount of light thrown on a surface one foot away from the light source.
36.18. Grievance. A written complaint filed by an inmate with the facility administrator concerning personal health and welfare or the operations and services of the facility.
36.19. Health Authority. A physician or qualified health administrator who is responsible for the provision of health care services at an institution or system of institutions.
36.20. Health Care. The sum of all action taken, preventive and therapeutic, to provide for the physical and mental well-being of a population. Health care includes medical and dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions.
36.21. Health Care Personnel. Individuals whose primary duties are to provide health services to inmates in keeping with their respective levels of health care training or experience.
36.22. Health-Trained Personnel (Medically Trained Personnel). Correctional officers or other correctional personnel such as social workers, who may be trained and appropriately supervised to carry out certain specific duties with regard to the administration of health care.
36.23. Holding Facility or Lockup. A temporary confinement facility, for which the custodial authority is less than 72 hours, where arrested persons are held pending release, adjudication, or transfer to another facility.
36.24. Holding Room. Distinct from a holding facility, this is a room(s), perhaps in the court house, used for attorney/client consultation, family visitation, or in conjunction with a court proceeding, it is secure, appropriately lighted and ventilated, usually contains a small table and seating for four.
36.25. Holidays. All days legally designated as non-workdays by statue or by the chief governing authority of a jurisdiction.
36.26. Information System. Includes the concepts, personnel and supporting technology for the collection, organization and delivery of information for administrative use. There are two types of information:
36.26.1. Standard information, consisting of the data required for operational control, such as daily count, positive and negative release rates, absconding or runaway rates, referral sources, and payroll data in a personnel office.
36.26.2. Demand information, which can be generated when a report is required, such as the number of inmates in educational and training programs, and duration of confinement.
36.27. Inmate. Any person, whether pretrial, unsentenced, or sentenced, who is confined in a detention or holding facility.
36.28. Inmate Records. Information concerning the individual's personal, criminal and medical history, behavior and activities while in custody, including but not limited to: commitment papers, court orders, detainers, personal property receipts, visitors list, photographs, fingerprints, type of custody, disciplinary infractions and actions taken, grievance reports, work assignments, program participation, miscellaneous correspondence, etc.
36.29. Jail. A confinement facility, usually operated by a local law enforcement agency, which holds persons detained pending adjudication and/or persons committed after adjudication for sentences of one year or less. Jails, while intended for the confinement of adults, sometimes holding juveniles as well. (See Detention Facility.)
36.30. Life Safety Code. A manual published by the National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest; two chapters are devoted to corrections facilities.
36.31. Medical Records. Separate records of medical examinations and diagnoses maintained by the responsible physician. The following information from these records should be transferred to the inmate records; date and time of all medical examinations and copies of standing or direct medical orders from the physician to facility staff.
36.32. Medical Restraints. Either chemical restraints, such as sedatives, or physical restraints, such as straight jackets, applied only for medical of psychiatric purposes.
36.33. Medical Screening. A system of structured observation/initial health assessment to identify newly arrived inmates who pose a health or safety threat to themselves or others.
36.34. Non-Contact Visitation. Visitation between an inmate and visitor which occurs in an area with physical barriers which preclude physical contact between the inmate and visitor.
36.35. Offender. A person confined in a local detention facility serving a sentence for a criminal offense.
36.36. Parent Agency. The administrative department of division to whom the facility administrator reports; it is the policy-setting body. For a county facility, this is the sheriff's department or the County Commission. For a city facility, it is usually the police department.
36.37. Policy. A definite, stated course or method of action which guides and determines present and future decision and actions.
36.38. Pretrial Release. A procedure whereby an accused person who has been taken into custody is allowed to be unconfined before and during his/her trial.
36.39. Program. The plan or system through which a detention/correctional agency works to meet its goals; often this program requires a distinct physical setting, such as a detention facility.
36.40. Protective Custody. A form of separation from the general population for inmates requesting or requiring protection from other inmates for reasons of health or safety. The inmate's status is reviewed periodically by the classification committee or other designated groups. (See Administrative Segregation and Disciplinary Detention.)
36.41. Qualified Health Personnel. Physicians, dentists, and other professional and technical workers who by state law engage in activities that support, complement or supplement the functions of physicians and/or dentists and who are licensed, registered, or certified, as appropriate to their qualifications, to practice.
36.42. Release on Bail. The release by a judicial officer of an accused person who has been taken into custody, upon the accused's promise to pay a certain amount of money or property if he/she fails to appear in court as required; the promise may or may not be secured by the deposit of an actual sum of money or property, and may involve a bonding agency.
36.43. Release on own Recognizance (ROR). The release by a judicial officer of an accused person who has been taken into custody, upon the accused's promise to appear in court as required for criminal proceedings.
36.44. Responsible Physician. A person licensed to practice medicine with whom the facility enters into a contractual agreement to plan for and provide health services to the inmate population of the facility.
36.45. Safety Equipment. This includes firefighting equipment, i.e., chemical extinguishers, hoses, nozzles, water supplies, alarm systems, sprinkler systems, portable breathing devices, gas masks, fans, fist aid kits, stretchers, and emergency alarms.
36.46. Sally Port. A square or rectangular enclosure situated either in the perimeter wall or fence of the facility or within the interior of the facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit ensures there will be no breach in the perimeter or interior of the facility.
36.47. Security or Custody. The degree of restriction of inmate movement within a detention/correctional facility, usually divided into maximum, medium and minimum risk levels.
36.48. Security Devices. Locks, gates, doors, bars, fences, screens, ceilings, floors, walls and barriers used to confine and control inmates. Also electronic monitoring equipment, security alarm systems, security light units, auxillary power supply, and other equipment used to maintain facility security.
36.49. Security Perimeter. The outer portion of a facility which actually provide for secure confinement of inmates. This perimeter may vary for individual inmates, depending upon their security classification.
36.50. Segregation. The confinement of an inmate to an individual cell that is separated from the general population. There are three forms of segregation: administrative segregation, disciplinary detention and protective custody.
36.51. Self-Insurer. Any parent agency or governmental jurisdiction which acts as the insurer. For public agencies, the self-insurance program is usually authorized by the legislature. A "memorandum of insurance" or similar document is required which acts as a policy, setting the limits of liability for various categories of risk, including deductible limits. Approval of the policy by a cabinet level official is also required.
36.52. Sheriff. The elected or appointed chief executive officer of a county law enforcement agency, who can serve several functions, including: responsibility for law enforcement in unincorporated areas, operation of the county jail and assignment as officers of the court.
36.53. Special Management Inmates. Persons whose behavior presents a serious threat to the safety and security of the facility, the inmate, the staff or the general inmate population. Special handling and/or housing is required to regulate their behavior.
36.54. Strip Search. An examination that can include body cavities of an inmate's naked body for weapons, contraband and physical abnormalities. This also includes a thorough search of all the inmate's clothing while not being worn by the inmate.
36.55. Temporary Release. A period of time during which an inmate is allowed to leave the program or institution and go into the community unsupervised for various purposes consistent with the public interest.
36.56. Training. An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy or training center, at an institution of higher learning, through contact service, at professional meetings, or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements.
36.57. Volunteers. Persons from the community who participate in the detention facility operations. They are selected on the basis of their skills or personal qualities to provide programs and services for the inmate population in recreation, counseling, education and religious activities. Their services are provided without cost to the facility.
36.58. Work Release. A formal arrangement, sanctioned by law, whereby an inmate is permitted to leave confinement to maintain approved and regular employment in the community, returning to custody during nonworking hours.

W. Va. Code R. § 95-3-36