W. Va. Code R. § 95-3-7

Current through Register Vol. XLI, No. 49, December 6, 2024
Section 95-3-7 - Inmate Records
7.1. Booking. Inmate booking information shall be recorded for every person admitted to the facility and includes at least the following data, unless prohibited by law:
7.1.a. Fingerprints;
7.1.b. Booking number;
7.1.c. Name and aliases of person;
7.1.d. Current address (or last known address);
7.1.e. Date, duration of confinement, and copy of court order or other legal basis for commitment;
7.1.f. Name, title and signature of delivering officer and arresting officer, if possible;
7.1.g. Specific charge(s);
7.1.h. Sex;
7.1.i. Age;
7.1.j. Date of Birth;
7.1.k. Place of Birth;
7.1.l. Race;
7.1.m. Present or last place of employment;
7.1.n. Health status, including any current medical or mental health needs;
7.1.o. Emergency contact (name, relationship, address and phone number);
7.1.p. Telephone calls made by the inmate at time of admission;
7.1.q. Driver's license and social security numbers;
7.1.r. Notation of case and all property; and
7.1.s. Additional information concerning special custody requirements, service needs, or other identifying information such as birthmarks or tattoos.
7.2. Custody Records. The facility shall maintain custody records on all inmates committed or assigned to the facility, that contain but are not limited to the following:
7.1.a. Intake/booking information;
7.1.b. Court generated background information;
7.1.c. Cash and property receipts;
7.1.d. Reports of incidents or crime(s) committed while in custody.
7.3. Case Records. A current and accurate classification or case record shall be maintained for each inmate committed to or housed in the facility. Procedures shall be established to safeguard legally privileged or confidential information. The records shall contain, at a minimum the following:
7.3.a. Classification and reclassification decisions;
7.3.b. Report of grievances, incidents, and crimes while in custody; and
7.3.c. Medical and Mental Health information relevant to the classification.
7.4. Identification System. The facility shall maintain a system which identifies all inmates in custody and their actual physical location.
7.5. Access to Records. Those persons within the facility and other authorized persons who have direct access to inmate classification or case records shall be defined.
7.6. Release of Information. The administration shall use a consent form which complies with applicable federal and state regulations. The inmate shall sign a "Release of Information Consent Form" prior to the release of information, as required by statute or regulation, and a copy of the form shall be maintained in the inmate's case record.

W. Va. Code R. § 95-3-7