W. Va. Code R. § 95-33-27

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 95-33-27 - Security and Control

27.1. Manual. Written policy and procedure for security and control, including procedures for emergencies, shall be contained in a manual which is available to all staff and is reviewed annually and updated as needed.

27.2. Control Center. The facility shall maintain a control center.

27.3. Communication System. The facility shall have a communication system between the control center and the inmate holding areas.

27.4. Alarm System. The facility shall have an emergency alarm system that is linked to the control center; signal devices shall be located throughout the facility.

27.5. Secure Perimeter. All security perimeter entrances, control center doors and cell blocks doors opening into a corridor shall be kept locked, except when used for admission or exit for employees, inmates or visitors, and in emergencies.

27.6. Electronic Surveillance. When audio or visual electronic surveillance is used, it shall be located primarily in hallways, elevators, corridors or at point on the security perimeter, such as entrances and exits.

27.7. Inmate Movement. Staff shall regulate inmate movement.

27.8. Staffing. The facility shall have the staff needed to provide full coverage of designated security posts, full surveillance of inmates, and to perform all ancillary functions.

27.9. Emergency Response. Staff shall be located in or immediately adjacent to inmate living areas to permit staff to hear and respond promptly to emergency situations.

27.10. Observation. There shall be written policy and procedures that require that all high and medium security inmates be personally observed by correctional staff at least every 30 minutes, but on an irregular schedule. A schedule of at least 15 minute observation shall be required for those inmates who are violent, suicidal, mentally disordered or who demonstrate unusual or bizarre behavior.

27.11. Daily Record. The facility administration shall maintain a written daily record of the following;

27.11.a. Personnel on duty;

27.11.b. Inmate population count;

27.11.c. Admissions and release of inmates;

27.11.d. Shift activities;

27.11.e. Entry and exit of physicians, attorneys and other visitors; and

27.11.f. Unusual occurrences.

27.12. Daily Inspection. Designated staff shall visit and inspect every area of the facility daily, including holidays and weekends and report their findings in writing to designated officials with recommendations for action or notations of action taken.

27.13. Searches. Written policy and procedure shall provide for searches of facilities and inmates to control contraband and provide for its disposition and recommendations for corrective action. The procedure shall provide for the following:

27.13.a. Manual or instrument inspection of inmate body cavities may be conducted only when there is reason to do so and when authorized by the facility administrator or his/her designee;

27.13.b. Visual inspections may be conducted only when there is a reasonable belief that the inmate is carrying contraband or other prohibited material;

27.13.c. Strip searches may be done without specific authorization only upon entry to the facility and at all other times are based on articulable suspicion; and

27.13.d. All such inspections are conducted in privacy and manual or instrumental inspection of body cavities is done by medically trained personnel or correctional personnel trained by health care personnel.

27.14. Preservation of Evidence. Written procedure shall govern searches and the preservation of evidence when a new crime is suspected. Searches may be authorized by the administrator or designee.

27.15. Search Policy Published. The policy regarding searches for the control of contraband shall be published, made available to the staff and inmates, reviewed at least annually and updated if necessary.

27.16. Control of Security Equipment. There shall be written policy and procedure that governs the availability, control and use of firearms, ammunition, chemical agents "stun guns", and related security devices, and that require that sufficient security equipment is available to meet facility needs.

27.17. Storage of Security Equipment. Written procedures shall provide that ammunition, chemical agents and related security equipment are stored in a secure but readily accessible depository located outside inmate housing and activity areas, and are inventoried at least monthly to determine their condition and expiration dates.

27.18. Use of Firearms. Written policy and procedure shall govern the use of firearms and include the following requirements:

27.18.a. Weapons are subjected to stringent safety regulations and inspections.

27.18.b. Secure weapons locker is located outside the security perimeter of the facility;

27.18.c. Except in emergency situations, firearms and weapons, such as nightsticks are permitted only in designated areas to which inmates have no access;

27.18.d. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee believes that a person's life is immediately threatened; and

27.18.e. Employees on duty only use firearms or other security equipment which have been issued through the facility and only when directed by or authorized by the facility administrator.

27.19. Written Record. Personnel shall maintain a written record of routine and emergency distribution of security equipment.

27.20. Written Reports. Personnel discharging firearms, using chemical agents or any other weapons, or using force to control inmates shall submit written reports to the facility administrator or designee no later than the conclusion of that person's tour of duty.

27.21. Injuries. All persons injured in an incident shall promptly receive a medical examination and necessary treatment.

27.22. Incident Reports. Written policy and procedure shall require prompt oral and written reporting of all incidents that result in physical harm to, or threaten the security of the facility.

27.23. Keys. Written policy and procedure shall govern the control and use of keys.

27.24. Tools and Medical Equipment. Written policy and procedure shall govern the control and use of tools and culinary and medical equipment.

27.25. Custodial Posts. There shall be written orders for every custodial post which are reviewed annually and updated if necessary.

27.26. Escapes. Written procedures regarding escapes shall be available to all personnel, and shall be reviewed at least annually and updated if necessary.

27.27. Riots and Other Disturbances. There shall be written plans that specify procedures to be followed in situations including, but not limited to disturbances and taking of a hostage. These plans shall be made available to applicable personnel, and reviewed and updated at least annually.

27.28. Mass Arrests. There shall be written procedures to be followed in the event of a mass arrest that exceeds the maximum capacity of the holding facility.

27.29. Work Stoppage. There shall be a written plan that provides for continuing operations in the event of a work stoppage or other job action. Copies of this plan shall be available to all supervisory personnel, who are required to familiarize themselves with it.

27.30. Physical Force. Written policy and procedure shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, prevention of escapes, and when necessary to control inmates, in accordance with appropriate statutory authority. In no event shall physical force be justifiable or used as punishment. A written report shall be prepared following all use of force and submitted to the facility administrator.

27.31. Mechanical Restraints. Instruments of restraint shall be used only as a precaution against escape, during transfer, for medical reasons by direction of the medical officer, and as a prevention against inmate self-injury, injury to others or property damage when there is approval from the facility administrator or designee. They are applied for only the amount of time necessary.

27.32. Inmate Authority. No inmate or group of inmates shall be given control or authority over other inmates.

27.33. Shift Reports. Custodial staff members shall maintain a permanent log and prepare shift reports that record routine and emergency situations, and unusual incidents.

27.34. Transportation of Inmates. When transportation is the responsibility of facility staff, written policy and procedure shall govern the transportation of inmates outside the facility.

27.35. Facility Vehicles. Written policy and procedure shall govern the use and security of facility vehicles.

27.36. Personal Vehicles. Written policy and procedure shall govern the use of personal vehicles for official purposes, including provision for insurance coverage.

W. Va. Code R. § 95-33-27