Proposed Text
The following words and terms when used in this chapter shall have the following meaning unless the context clearly indicates otherwise:
"Appropriate heating" means temperatures appropriate to the summer and winter comfort zones.
"Appropriate lighting" means at least 20 foot-candles at desk level and in personal grooming area.
"Automatic smoke detection system" means a hard wired smoke alarm.
"Classification" means the process for determining inmate housing, custody, and program assignments.
"Communication system" means a mechanical audio transmission such as telephone, intercom, walkie talkie or TV monitor.
"Contraband" means any unauthorized item determined to be in the possession of an inmate or within a correctional facility and accessible to an inmate which is not acquired through approved channels or in prescribed amounts.
"Contractor" means any entity entering into or proposing to enter into a legal agreement to provide any correctional services to the Department of Corrections with respect to inmates under the custody of the Commonwealth.
"Control center" means a manned secure post which has responsibility for monitoring various security systems within the facility.
"Core programs" means services to fit the inmate's needs. Such services may include life skills, substance abuse programs, counseling services, sex offender counseling, and mental health programs.
"Daily log" means a written record for the recording of daily activities or unusual incidents.
"Deadly force" means the use of methods or means which are reasonably calculated to cause death or serious bodily injury.
"Department of Corrections" means the Virginia Department of Corrections.
"Facility" means any institution operated by or under the authority of the Department of Corrections.
"Facility perimeter" means the physical barrier separating the facility from the public and may include detection systems, guard towers, and lights.
"Foot-candle" means a unit for measuring the intensity of illumination defined as the amount of light thrown on a surface one foot away from the light source.
"Furnishings in inmate living areas" means items such as furniture, curtains, and trash receptacles.
"Grievance procedure" means the method by which inmates may formally address complaints to the facility administration.
"Hazardous material" means a chemical substance that will cause death, severe illness, or injury if used in an unsafe manner.
"Indigent inmate" means an inmate who has no financial means to purchase personal hygiene items or postage for mailing letters.
"Inmate living area" means cells, rooms, dormitories and day rooms.
"Inmate records" means written information concerning the individual's personal, criminal and medical history, behavior, and activities while in custody.
"Isolation" means a type of special housing assignment which, under the proper administrative process, is utilized for the disciplinary management of inmates.
"Medical screening" means an observation and interview process within the intake procedure designed to obtain pertinent information regarding an individual's health condition.
"Noncustodial staff" means individuals employed in non-security positions.
"Nondeadly force" means the use of methods or means which are reasonably calculated to cause neither death nor serious bodily injury.
"Organized system of information storage" means a method for the storage and retrieval of information.
"Permanent log" means a written record of a facility's activities which cannot be altered or destroyed subject to state law.
"Pharmaceuticals" means prescription and non-prescription drugs.
"Post order" means a list of specific job functions and responsibilities for security positions.
"Recreational activities" means any out-of-sleeping area activity ranging from scheduled outside or inside recreation to informal table top games.
"Qualified mental health professional" means a psychiatrist, psychologist, social worker, or nurse who is qualified, by virtue of appropriate training and experience, to render mental health services within their discipline.
"Serious incident" means a significant, unusual occurrence which demands the attention of facility staff. Such occurrence may be, but is not limited to, death/suicide, riot, escape, hostage taking, demonstration, discharge of firearm, sabotage, felonies committed by inmates, assault, sexual assault, self-mutilation, use of force, attempted suicide, and fires resulting in injury or property damage.
"Special housing" means bed assignments which are utilized for the purposes of disciplinary, protective or custodial management and secure confinement of inmates when a general population assignment is inappropriate or inadequate.
"Volunteer" means an individual who provides services to the facility without compensation.
These standards shall apply to any entity entering into or proposing to enter into a contractual agreement to provide correctional services which consist in whole or in part of secure confinement of inmates under the custody of the Commonwealth.
Nothing contained in this chapter shall be construed as setting a legal standard for the management or operation of any facility for purposes of litigation by inmates.
The contractor shall be responsible for ensuring that the requirements described in these standards are implemented.
This chapter shall be enforced through the Board of Corrections regulation, 6VAC15-20-10 et seq., Rules and Regulations Governing the Certification Process.
Contingency plans for state operation, or other continued operation, of a contractor-operated facility in the event of a termination of contract shall be outlined in the contract itself.
The Department of Corrections and the Board of Corrections shall have 24-hour access to the facility for the purposes of contract monitoring and standards monitoring.
The mission of the facility shall be established in writing. The facility administrator shall develop facility goals and long term objectives that are reviewed annually.
The facility shall be headed by a facility administrator who is responsible for and has the authority to manage and direct all activities of the facility. The facility administrator shall administer the facility in accordance with the law, the contract with the department, and with these regulations.
There shall be a written agreement which defines the roles and functions of other public and private agencies operating programs within the facility, including their relationship to the facility administrator and the rules and regulations of the facility.
The facility shall have an organizational chart showing the formal, as well as the functional, organizational structure of the facility.
Meetings shall be held at least monthly between the facility administrator and all department heads, and between department heads and their key staff members. There shall be a system of two-way communication between all levels of staff and inmates.
The policies and procedures for operating and maintaining the facility shall be maintained in a manual, shall be reviewed at least annually, and shall be available to all employees.
Written policy and procedure shall define the facility's relationship with the public, media, and other agencies.
Reports required by the Department of Corrections shall be submitted within time limits set by the contract or other Department of Corrections requirements.
Allegations of criminal activity by inmates or contract staff shall be reported to the Department of Corrections and subject to review and investigation by the Department of Corrections.
The contractor shall have a budget which links program functions and activities to the cost necessary for their support.
Written procedures shall provide for the accounting and reporting of all fiscal related functions/activities and shall be in accordance with generally accepted accounting principles and fiscal management standards. Such written procedures shall include, at a minimum:
1. Appropriate levels of internal control.
2. Bonding.
3. Budgeting.
4. General accounting functions.
5. Procurement of goods and services.
6. Payroll.
7. Grant accounting, if applicable.
8. Inmate funds.
Written procedure shall govern the handling and use of any inmate funds. Inmates may deposit personal funds in interest-bearing accounts, and that interest shall accrue to the inmates. Revenue-producing activities utilizing inmate labor or other inmate-generated revenue shall be reported to the Department of Corrections. Interest earned on funds held for inmates shall be used for the benefit of the inmates in accordance with Code of Virginia and Department of Corrections guidelines.
Compensation for inmate jobs/labor shall be in accordance with the Department of Corrections inmate pay schedule.
An annual independent financial audit shall be performed by a certified public accounting firm or a governmental agency. Such audit shall be at cost to the contractor.
The contractor shall prepare and distribute the following documents to the Department of Corrections upon request. (The level of detail shall be established by the Department of Corrections.)
1. Annual budget.
2. Income and expenditure statements.
3. Funding source financial reports.
4. Independent audit report.
5. Profit statements.
The contractor shall have insurance coverage of an amount and type as stipulated in the contract.
The contractor shall prohibit discrimination on the basis of race, sex, color, national origin, religion, age, or political affiliation, or against otherwise qualified persons with disabilities.
The contractor shall make available to all facility employees a copy of all personnel policies and procedures. The contractor shall make available a copy of all personnel policies and procedures to the Department of Corrections if requested.
The contractor shall maintain written job descriptions and job qualifications for all positions in the facility.
The contractor shall comply with all legal requirements related to employment and personnel practices.
Criminal records checks shall be performed on all facility employees prior to hiring, and shall be considered in employment decisions.
Written policy, procedure, and practice shall ensure that the facility's training programs are overseen by a qualified supervisory employee. All training programs shall meet standards set by the Department of Criminal Justice Services (DCJS), and the qualified supervisory employee shall be a certified DCJS instructor.
The employee who oversees the training programs shall have specialized training. If the facility has full-time training personnel, these personnel shall have completed at least a 40-hour train-the-trainer course approved by DCJS.
The facility shall provide for ongoing evaluation of all orientation, in-service, and specialized training programs and shall provide for documentation of such assessments.
Library and other reference services shall be available to complement the training program.
The training program shall utilize outside resources, such as public and private agencies, private industry, universities, and libraries to the extent that the contractor's own training resources are not self-sufficient.
There shall be space and equipment necessary for training and staff development.
Written policy, procedure and practice shall provide that all new full-time employees receive necessary orientation before assuming responsibility for their positions. Orientation shall include at a minimum:
1. An overview of the mission, objectives, policies and procedures of the facility.
2. Working conditions and regulations.
3. Employee rights and responsibilities.
4. An overview of the correctional field.
5. If necessary, preparatory instruction.
Written policy, procedure, and practice shall ensure that all administrative and managerial staff receive necessary training according to Department of Corrections procedures.
Written policy, procedure, and practice shall provide that all new corrections officers receive training in accordance with Department of Corrections procedures.
Written policy, procedure, and practice shall ensure that all personnel authorized to use firearms, chemical agents, and deadly force receive appropriate training before being assigned to a post involving the possible use of such weapons.
All employees designated by the director to carry a firearm in an emergency situation shall satisfactorily complete noncustodial firearm training before carrying the weapon.
Written policy, procedure, and practice shall ensure that all support employees who have regular or daily contact with inmates receive necessary training in accordance with Department of Corrections requirements.
Written policy, procedure, and practice shall ensure that correctional officers assigned to an emergency team have necessary training according to Department of Corrections requirements.
Records shall be maintained in accordance with Library of Virginia guidelines. Microfilm records shall be sent to the Department of Corrections.
The contractor shall collect and maintain correctional status information as required by the Department of Corrections. Any automated systems interface shall be in accordance with Department of Corrections procedures.
The facility shall utilize an organized system of information storage, retrieval, review, security and documentation which shall be in accordance with Department of Corrections procedures.
Staff having access to management information shall be trained in and responsive to the security and confidentiality requirements of this system.
No research shall be conducted at the facility unless the research is reviewed and approved by Department of Corrections.
Facility operating procedures governing the establishment, utilization, content, privacy, security, retention, and accuracy of the facility criminal record folders, facility health folders, and facility treatment folders shall be in conformance with Department of Corrections procedures.
When an inmate is permanently transferred from one facility to another, the facility criminal records folder and facility health folder shall be simultaneously transferred to the receiving facility.
There shall be at least one master index identifying the housing, bed, program, and work assignments of all inmates. The facility shall maintain a daily written report of inmate population movement as required by Department of Corrections procedures.
Inmates assigned to general inmate housing areas shall have access to the following (special housing requirements may be altered to ensure inmate staff safety and security):
1. A toilet above floor level which is available for use without staff assistance twenty-four hours a day.
2. A wash basin with potable, hot and cold water.
3. A bed above floor level.
4. Enclosable storage space or locker.
5. Natural lighting.
6. Special use housing requirements may be altered to ensure inmate staff safety and security.
Space outside the cell or room shall be provided for inmate exercises and leisure time activities.
Space shall be provided for a visiting room or area for contact visiting and, if required, non-contact visiting. There shall be a designated space to permit screening and searching of both inmates and visitors.
Disabled inmates shall be housed in a manner that provides for their safety and security. Rooms, cells, or housing units used by the disabled shall be designed for their use and provide for integration with the general population. Appropriate facility programs and activities shall be accessible to disabled inmates confined in the facility.
Space shall be provided at the facility to store and issue clothing, bedding, cleaning supplies, inmates' property, and other items required for daily operations.
Adequate space shall be provided for administrative, security, professional, and clerical staff; this space shall include conference rooms, storage room for records, public lobby, and toilet facilities. Adequate space shall be provided for janitorial closets accessible to the living and activity areas.
Separate and adequate space shall be provided for mechanical and electrical equipment.
Written policy, procedure, and practice shall specify a preventive maintenance program for the physical plant. The program shall include documentation of work performed, provisions for emergency repairs or replacement in life-threatening situations, and provisions for capital repairs.
Lighting in inmate room/cells shall be at least 20 foot-candles at desk level in living areas and in personal grooming areas, as documented by qualified personnel. Circulation shall be at least seven cubic feet per minute of outside air or recirculated air containing no less than 25% outside air per minute per occupant. Air circulation/recirculation equipment inspections by qualified personnel shall be documented.
There shall be written emergency plans which outline duties of staff, procedures, and evacuation routes. Emergency plans shall include responses in the event of fire, chemical release, power, water, heat loss, natural disaster, taking of hostages, riots and disturbances, escape, bomb threats, civil defense, and adverse job actions. There shall be a posted floor plan showing evacuation routes. The fire plan shall be reviewed annually by the State Fire Marshal.
Fire drills shall be performed in accordance with the emergency plan and include evacuation of inmates (except where security would be jeopardized). Fire drills shall be held, documented, and evaluated for effectiveness, at least quarterly.
There shall be documentation that, through annual site visits, the local fire department is familiar with the available equipment, physical layout, and emergency procedures of the facility. Additional site visits shall be required in case(s) of structural changes or additions to the facility.
The facility shall have the equipment necessary to maintain the necessary lights, power, and communications for essential security in an emergency. Testing shall be performed weekly.
The facility shall be inspected at least annually by the Office of the State Fire Marshal. Action plans shall be written and submitted to the Department of Corrections.
Written policy, procedure, and practice shall provide for a comprehensive and thorough monthly inspection of the facility by the individual responsible for facility safety for compliance with safety and fire prevention standards. There shall be a weekly fire and safety inspection of the facility. This policy and procedure shall be reviewed every 12 months and updated as needed. The contractor shall ensure that corrective actions shall be taken.
The facility shall have a manual fire alarm or an automatic smoke detection system or an automatic fire suppression system in all industrial, sleeping and living areas, and action plans shall be written and submitted for all areas of deficiencies. Other areas of the facility shall also have fire detection and suppression equipment as required by the State Fire Marshal.
Written policy, procedure, and practice shall specify the facility's fire protection equipment type, use and testing to include:
1. Availability of equipment at appropriate locations throughout the facility.
2. Training on the use of the equipment.
3. Inspection of extinguishers annually.
4. Inspection of range hoods semiannually and cleaned as necessary.
5. Inspection of detection and suppression systems quarterly.
6. Quarterly testing of fire alarms for function. Inspections shall be performed by trained and qualified personnel.
Furnishings in inmate living areas, including cleanable, nontoxic and flame-retardant mattresses and pillows, shall be selected based on known fire safety performance characteristics. Furnishings which no longer meet fire safety performance specifications shall be repaired or removed from service.
Written policy, procedure, and practice shall provide for a safety awareness program and self inspection which is to be coordinated, designed, implemented and documented by the individual responsible for facility safety.
There shall be a manual containing all procedures for facility security and control, with detailed instructions for implementing these procedures. The manual shall be available to all staff and procedures are reviewed at least annually and updated if necessary.
There shall be a written post order for each security post and a requirement for officers to read and be familiar with the order each time they assume a new post. The immediate supervisor shall document that the post order has been discussed with the officer. Post orders shall be reviewed annually.
Written policy, procedure, and practice require that correctional staff maintain a permanent log and supervisors prepare shift reports that record routine information, emergency situations, and unusual incidents. A post log is maintained at each permanent post and other areas deemed necessary by the contractor.
Written policy, procedure, and practice shall provide that the facility maintains a written record of all security equipment issued. The security equipment shall be approved by the Department of Corrections.
The facility's perimeter shall be controlled by appropriate means to ensure that inmates remain within the perimeter and to prevent unauthorized access by the general public.
Written policy, procedure, and practice shall ensure that the facility maintains a control center which is staffed 24 hours a day.
The facility shall have a communication system between the control center and inmate living areas.
The facility shall have a system for physically counting inmates. The system shall include strict accountability for inmates assigned to work and educational release, furloughs, and other approved temporary absences.
Written policy, procedure, and practice shall provide that staff regulate inmate movement.
Written policy, procedure, and practice shall provide for searches of facilities, staff, inmates and visitors to control contraband and provide for disposition of the contraband pursuant to applicable law.
Written policy, procedure, and practice shall govern the use of force, firearms, chemical agents, and security equipment. The contractor shall be authorized to use nondeadly force only where it is reasonable to do so. Physical force shall be limited to the amount of force that the officer reasonably believes is necessary in the given situation:
1. Reasonably required to prevent an escape, the commission of a felony, or a misdemeanor;
2. To defend himself or others against physical assault;
3. To prevent serious damage to property;
4. To enforce facility regulations and order;
5. To prevent or quell a riot; and
6. To prevent serious self-injury to the inmate.
Properly authorized employees may exercise their authority and use deadly force only as a last resort, and then only to prevent an act that could result in death or serious bodily injury to oneself or to another, or to prevent escape from confinement.
Written policy, procedure, and practice shall require that at least weekly inspections be conducted of all security systems. The results of inspections shall be reported in writing to the contractor, and documentation of corrective action shall be required.
Written policy, procedure, and practice shall require notification and reporting of serious incidents to the Department of Corrections in accordance with Department of Corrections procedures.
The distribution, use, and control of keys within the facility shall be in accordance with Department of Corrections procedures. Any departure from these procedures shall be subject to Department of Corrections review and approval.
The use and storage of all tools, culinary equipment and hazardous materials, including flammable, toxic, caustic materials, weapons, and security equipment shall be in accordance with Department of Corrections procedures. Any departure from these procedures shall be subject to Department of Corrections review and approval.
Written policy, procedure, and practice shall provide that Department of Corrections procedures be utilized for the disciplinary process and for assignments to special housing. The contractor shall facilitate the application of this process, but the Department of Corrections shall make all decisions in these areas.
Except in emergencies, the number of inmates confined to each cell or room shall not exceed the number for which it is designed. Should an emergency create an excess in occupancy, the contractor shall immediately proceed to alleviate the situation as promptly as possible by making other arrangements for the inmates so confined. The contractor shall provide written approval for emergency situations where the number of occupants exceeds design capacity.
Special housing cells or units shall be well ventilated, adequately lighted, and appropriately heated and maintained in sanitary conditions at all times. A general log shall be kept and the temperature shall be recorded at least once each shift. Inmates shall be housed in an environment in which the temperature does not fall below 65°F, and when the temperature exceeds 85°F, mechanical air circulation shall be provided.
Inmates in special housing shall dress in appropriate clothing, and shall be furnished underwear, shower shoes, one mattress, one pillow, one pillow case, two sheets, blankets as needed, one towel, and washcloth. For removing items from cells and for using stripped cells, Department of Corrections procedures shall be utilized.
Inmates assigned to special housing shall receive the same meals as those in the general population, except in those circumstances noted in Department of Corrections procedures.
Written policy, procedure, and practice shall provide that inmates in special housing assignments will be permitted to shower and shave not less than twice per week. Clothing and underwear shall be changed at shower time.
Written policy, procedure, and practice shall provide that inmates in special housing assignments can write and receive letters on the same basis as inmates in the general population, except inmates in isolation may not receive the contents of packages until approved by the contractor.
Written policy, procedure, and practice shall provide that inmates in special housing assignments have access to legal materials and the courts.
Inmates in isolation shall forfeit the privileges of receiving visits from family, relatives, or friends; however, under exceptional circumstances, permission may be obtained from the contractor for such visits. Attorney visits to an inmate in isolation may not be restricted by the contractor, and attorneys shall be allowed access to the inmate during normal work hours.
Written policy, procedure, and practice shall provide that inmates in isolation will be allowed to keep only the following:
1. Legal materials.
2. Religious materials.
3. Personal hygiene items, defined exactly as:
a. Toothbrush;
b. Toothpaste;
c. Soap; and
d. Plastic comb.
If the inmate does not have the items above, and is indigent, the facility shall furnish them. All other items of inmate personal property shall be stored upon assignment to isolation. Inmate personal property shall be inventoried by either an officer and the inmate, or by two correctional officers. The inmate shall be given a receipt for all personal property upon assignment to isolation. Inmates in isolation shall be limited to the purchase of postage stamps.
Inmates held in isolation for periods exceeding 30 days shall be provided the same privileges as inmates in special housing assignments.
Written policy, procedure, and practice shall provide that the visitation schedule for special housing inmates (other than isolation) shall be established by the contractor.
Written policy, procedure, and practice shall provide that inmates in special housing assignments (other than isolation) be allowed a minimum of one hour of exercise three separate days per week in an out-of-doors supervised area, weather permitting.
Written policy, procedure, and practice shall provide inmates (other than in isolation) access to the commissary. Commissary purchases may be restricted only for security reasons. No items of a hazardous nature shall be allowed.
A permanent individual log shall be maintained in the special housing unit for each inmate. This log shall contain:
1. Date of admission;
2. Weight of the inmate upon entering and leaving and the name, date and time of the correctional officer making the required hourly check;
3. Medical requests and visits;
4. Medications administered or refused;
5. Meals refused; and
6. Other pertinent information.
Written policy, procedure, and practice shall provide for reasonable access to medical, dental, and mental health services while in special housing status.
In addition to supervision provided by the unit officers, the special housing unit shall be visited daily by the shift supervisor or higher authority. Each inmate in special housing shall be checked no less than once per hour at staggered times by a correctional officer.
Food service operations shall be supervised by a full-time staff member who is experienced in food service management.
All meals shall meet or exceed the dietary allowances stated in the Recommended Dietary Allowances, National Academy of Sciences.
Written policy, procedure, and practice shall require that accurate records are maintained of all meals served and that meals are planned in advance to assure proper food flavor, temperature, and appearance.
Written policy, procedure, and practice shall provide for special diets as prescribed by appropriate medical or dental personnel.
Written policy, procedure, and practice shall provide for reasonable accommodation for inmates whose religious beliefs require adherence to religious dietary laws.
Written policy, procedure, and practice shall provide that meals are served under conditions that minimize regimentation, except when security or safety conditions dictate otherwise. All meals shall be served under direct supervision of staff members.
Written policy, procedure, and practice shall require that at least three meals (including two hot meals) are provided at regular meal times during each 24-hour period, with no more than 14 hours between the beginning of the evening meal and the beginning of breakfast. Variations may be allowed based on weekend and holiday food service demands and security needs, provided basic nutritional goals are met.
The contractor shall ensure that food service safety is in compliance with the Department of Corrections Food Service Manual. Any departure from this manual shall be subject to Department of Corrections review and approval.
The facility shall comply with the requirements of appropriate regulatory agencies with regard to the potable water supply, control of vermin and pests, emissions and waste disposal systems.
A written housekeeping plan for all areas of the facility's physical plant shall provide for daily housekeeping and regular maintenance by assigning specific duties and responsibilities to staff and inmates.
Written policy, procedure, and practice shall provide weekly internal fire, safety and sanitation inspections of the facility by designated administrative staff members. The contractor shall ensure that appropriate corrective actions are taken.
Toilet, shower, and bathing facilities shall be operational and sufficient to ensure health and hygiene. The opportunity for at least three showers per week shall be made available to general population inmates.
Written policy, procedure, and practice shall provide for the issue of clean clothing to inmates. Special clothing shall be provided to inmates assigned to food service, hospital, sanitation, and other special work details. Protective clothing and safety equipment shall be provided when appropriate.
Written policy, procedure, and practice shall provide clean bedding, towels, washcloths, and blankets to all inmates.
Written policy, procedure, and practice shall provide for the weekly laundering of all bedding and clothing.
Written policy, procedure, and practice shall provide that hair care services comply with applicable health laws and regulations and are available to all inmates.
Written policy, procedure, and practice shall require that articles necessary for maintaining proper personal hygiene are available to all inmates. Indigent inmates shall be issued necessary personal hygiene articles.
Written policy, procedure, and practice shall ensure inmates are provided with health care services and that the facility's medical unit is operated in accordance with applicable laws and the Department of Corrections Office of Health Services policies and procedures. Any departure from these policies and procedures shall be subject to Department of Corrections review and approval.
Written policy, procedure, and practice shall provide access to basic health care, and for a system for processing complaints about health care, and that these policies are communicated orally and in writing to inmates upon arrival at the facility in language which can be clearly understood by inmates.
Written policy, procedure, and practice shall provide for continuity of health care from admission to discharge or transfer.
Written policy, procedure, and practice shall require that, in order to ensure quality assurance, the facility shall have documentation that a health care evaluation by the Department of Corrections Office of Health Services has been performed at least once every other year, and that action plans are written and implemented for all areas of deficiency.
Written policy, procedure, and practice shall govern the use of restraints for medical and psychiatric purposes; identifying the authorization needed; and when, where and how restraints may be used and for how long.
Written policy, procedure, and practice shall require that a designated medical authority, who may be a physician or a health administrator, is responsible for the health care of the inmates pursuant to a written agreement or contract or job description.
Written policy, procedure, and practice shall require that all medical, psychiatric, dental, and nursing matters involving medical judgment are the sole province of the responsible physician, psychiatrist, dentist, and nurse, respectively.
Written policy, procedure, and practice shall provide that the medical authority submits monthly morbidity and mortality reports and annual summaries to the Department of Corrections.
Written policy, procedure, and practice shall provide that the medical authority reports immediately to the contractor conditions that pose a serious health threat to staff and inmate health and safety. The contractor shall immediately report such conditions to the Department of Corrections.
Written policy, procedure, and practice shall provide that the medical authority review each health care policy, procedure and program at least every 12 months, and revise them as needed. Each review and revision shall bear the date and signature of the reviewer.
Written policy, procedure, and practice shall ensure that the contractor provide adequate space, equipment, supplies, and materials for the delivery of health care as determined by the medical authority in accordance with the level of care provided by the facility.
Written policy, procedure, and practice shall provide that first aid kits and emergency medical supplies are available in areas determined by the medical authority in conjunction with the contractor.
Written policy, procedure, and practice shall require that medical staff are responsible for checking and testing all medical equipment according to manufacturer's recommendations and that the equipment is safeguarded from inmate access.
Written policy, procedure, and practice shall provide that ambulances utilized by the facility are certified by the Department of Emergency Medical Services, operated by certified drivers, and that a certified emergency medical technician accompanies an inmate being transported for medical reasons.
Written policy, procedure, and practice shall require that all medical personnel who provide health care services to inmates meet applicable licensure, certification, and registration requirements and that verification of current credentials are on file in the facility.
Written policy, procedure, and practice shall require that the duties and responsibilities of medical personnel are governed by written job descriptions approved by the medical authority, kept on file at the facility, and a copy be given to the employee.
Written policy, procedure, and practice shall provide that all health care shall be performed pursuant to written protocols by personnel authorized by law to give such orders.
Written policy, procedure, and practice shall provide that nurses, nurse practitioners, and physician's assistants practice within the limits of applicable laws and regulations.
Written policy, procedure, and practice shall provide that nonmedical personnel involved in the distribution, administration, or both, of non-over-the-counter medications or in providing other medical services are trained according to Department of Corrections, Office of Health Services' procedures.
Written policy, procedure, and practice shall provide for on-site emergency first aid, CPR and crisis intervention. In addition, direct care and custodial staff shall be trained to recognize signs and symptoms of mental disorder, suicidality, and chemical dependency.
Written policy, procedure, and practice shall provide that inmates are not used for the following duties:
1. Performing direct patient care services.
2. Scheduling health care appointments.
3. Determining access of other inmates to health care services.
4. Handling or having access to surgical instruments, needles, medications, and medical records.
5. Operating diagnostic and therapeutic instruments.
Written policy, procedure, and practice shall provide that health care personnel are provided opportunities for orientation and training.
Written policy, procedure, and practice shall provide that all inmates undergoing transfers undergo a health screening by qualified medical personnel upon arrival at the facility and no later than one working day thereafter if the facility does not have 24-hour medical coverage.
Written policy, procedure, and practice shall provide for the identification and management of tuberculosis and other communicable diseases and that these policies and procedures are updated as new information becomes available.
Written policy, procedure, and practice shall specify the provision of mental health services for inmates. These services include, but are not limited to, those provided by qualified mental health professionals who meet the educational and licensure/certification criteria specified by their respective professional discipline (i.e. psychiatry, psychology, psychiatric nursing, and social work).
Written policy, procedure, and practice shall provide that all inmates have access to mental health services. These services shall include a system for mental health screening and mental health evaluation of inmates, a system of referral to the services of qualified mental health professionals, a system for transfer or commitment of inmates in need of mental health services beyond the facility resources, and a system for continuity of care and follow-up procedures.
Written policy, procedure, and practice shall provide for the initial and ongoing assessment and determination of the mental health status and needs of inmates.
Written policy, procedure, and practice shall provide for identification of special needs inmates. Special needs inmates shall include, but are not limited to, inmates who are mentally ill, emotionally or behaviorally disturbed, or mentally retarded. Programs shall be instituted for these inmates' appropriate management and treatment.
Inmates who are acutely mentally ill, severely emotionally or behaviorally disturbed, or severely mentally retarded shall be referred for placement in units appropriate for their treatment and management needs.
There shall be a written suicide prevention and intervention plan that is reviewed and approved by a qualified mental health professional. Staff with responsibility for inmate supervision shall be familiar with the plan.
There shall be a written mental health training program which is provided to employees whose duties require direct contact with special needs inmates. This training program shall be developed and reviewed by qualified mental health professionals.
Written policy, procedure, and practice shall provide that treatment of an inmate's health problems are not limited by the resources available within the facility and that hospital care is available for acute illness or surgery at a facility outside the facility.
Written policy, procedure, and practice shall provide that the contractor, in conjunction with the medical authority, makes available all levels of health care to include self-care, first aid, 24-hour emergency care, 24-hour infirmary care, hospital care, and chronic and convalescent care, as required by the contract.
Written policy, procedure, and practice shall require that regularly scheduled sick call is conducted by qualified health care personnel and is available to all inmates.
Written policy, procedure, and practice shall provide for the contractor to contract the services of medical, dental, or mental health specialists.
Written policy, procedure, and practice shall require that inmates in categories of custody other than general population have access to regularly scheduled sick call and emergency medical care. The care shall be provided on-site or in the medical area depending on security and medical considerations.
Written policy, procedure, and practice shall prohibit inmates from choosing their own health care provider, and require procedures for documentation of refusal to accept treatment.
Written policy, procedure, and practice shall provide that written informed consent for inmate health care is obtained where required and documented. When health care is rendered against the patient's will, it shall be in accord with applicable laws and regulations.
Written policy, procedure, and practice shall prohibit the use of inmates for medical, pharmaceutical, or cosmetic experiments. This policy does not preclude individual treatment of an inmate based on his need for a specific medical procedure that is not generally available.
Written policy, procedure, and practice shall provide that a program of health education is available to all inmates of a facility.
Written policy, procedure, and practice shall provide for special treatment programs for inmates requiring close medical supervision as determined by the responsible physician, dentist or qualified mental health professional, and as required by the contract.
Written policy, procedure, and practice shall guide the management of chemically dependent inmates under the supervision of a qualified health care practitioner.
Written policy, procedure, and practice shall provide that medical and dental prostheses are provided when the health of the inmate would otherwise be affected, as determined by the responsible physician or dentist.
Written policy, procedure, and practice shall provide for a system whereby pregnant inmates may obtain obstetrical medical and social services, and as required by the contract.
Written policy, procedure, and practice shall provide that special diets are prescribed as needed and monitored by the responsible physician or dentist.
Written policy, procedure, and practice shall provide that copies of the medical records of all inmates transferred are transferred to the custody of medical personnel at the receiving facility and that the confidentiality of the records shall be preserved during the transfer.
Written policy, procedure, and practice shall govern the creation, organization, maintenance, and storage of a complete health record for each inmate, which documents all the health services rendered during the entire period of incarceration, as required by applicable Department of Corrections procedures.
Written policy, procedure, and practice shall uphold the principle of confidentiality of the health record and support the following requirements:
1. The health record shall be maintained separately from the facility record.
2. Access to the health record shall be controlled by the medical authority and is granted only to those who require it under departmental policy.
3. The medical authority shall share with the contractor information regarding security and the inmates' medical management, transfer, and ability to participate in programs.
Written policy, procedure, and practice shall provide that the health record accompanies the inmate to all Department of Corrections facilities whether for transfers or for medical consultations and that the confidentiality of the health record is strictly maintained during such transfer.
Written policy, procedure, and practice shall require that inactive health record files are sent to the Department of Corrections. Records shall be maintained in accordance with Library of Virginia guidelines. Microfilm records shall be sent to the Department of Corrections.
Written policy, procedure, and practice shall require that pharmaceutical services at the facility are in strict compliance with state and federal laws and applicable pharmaceutical regulations.
Written policy, procedure, and practice shall specify and govern the process by which those individuals designated by the inmate are notified in case of serious illness, injury, or death.
Written policy, procedure, and practice shall ensure inmates access to federal and state courts means meeting the current requirements of federal and state court decisions and any other federal or state law.
Written policy, procedure, and practice shall provide that program access, work assignments, and administrative decisions are made without regard to inmates' race, religion, national origin, sex, handicap, or political views. Written policy, procedure, and practice shall protect inmates from personal abuse, corporal punishment, personal injury, disease, property damage, and harassment. Written policy, procedure, and practice shall allow freedom in personal grooming except when a valid security interest justifies otherwise.
Written policy, procedure, and practice shall provide for reasonable access between inmates and the media, subject only to the limitations necessary to maintain order and security and protect inmates' privacy. Media requests for interviews and the inmate's consent shall be in writing. Prior to granting media interviews with inmates, the Department of Corrections shall be notified.
Written policy, procedure, and practice shall provide for an inmate grievance procedure that is available to all inmates and includes at least one level of appeal and specific time limits. This procedure shall be reviewed and approved by the Department of Corrections.
The contractor shall subscribe to and comply with Department of Corrections inmate disciplinary procedures and penalties and shall have them available to all inmates and employees. The Department of Corrections shall approve the administration of any disciplinary measure. Signed acknowledgment of receipt of the rulebook shall be maintained in the inmate's file.
Written policy and procedure shall govern inmate correspondence; the policies and procedures shall be reviewed annually and updated as necessary.
Written policy, procedure, and practice shall provide that indigent inmates receive a specified postage allowance of at least one first class letter per week.
Written policy and procedure shall govern inmate access to publications, in accordance with Department of Corrections procedures.
Procedures shall ensure that inmate mail shall not be read except where there is a reasonable belief that there is a threat to facility order and security, and then only in accordance with written policy and procedure.
Inmates shall be permitted to send sealed letters to persons and organizations specified in Department of Corrections procedures.
Written policy, procedure, and practice shall require that, excluding Saturdays, Sundays and holidays, incoming and outgoing letters are held for no more than 24 hours and packages are held for no more than 48 hours.
Written policy, procedure, and practice shall govern inspection for and disposition of contraband.
Written policy, procedure, and practice shall provide and govern access to telephone privileges for inmates.
The contractor shall comply with Department of Corrections procedures regarding visiting privileges for inmates concerning time, screening, frequency, and number of visitors, and making provisions for special visits.
Written policy, procedure, and practice shall govern access to inmate personal property.
If the facility is to house newly incarcerated inmates, written policies and procedures shall govern the admission of new inmates and parole violators to the system.
If the facility is to function as a reception center for inmates received directly from local jails, policy and procedure shall require the preparation of an admission report for all new inmates. The report shall include the following information:
1. Legal aspects of the case.
2. Summary of criminal history, if any.
3. Social history.
4. Medical, dental, and mental health history.
5. Occupational experience and interests.
6. Educational status and interests.
7. Vocational programming.
8. Recreational preference and needs assessment.
9. Psychological evaluation; staff recommendations.
10. Local jail assessment information.
Written policy, procedure, and practice shall provide that new inmates receive written orientation materials. When a literacy or language problem exists, a staff member shall assist the inmate in understanding the material. Completion of orientation shall be documented by a statement signed and dated by the inmate. Inmates transferred from other facilities shall receive an orientation to the new facility.
Written policy, procedure, and practice shall provide that all newly incarcerated inmates undergo medical, dental, and mental health screening by health-trained or qualified personnel, to include a complete medical history, physical examination, screening laboratory tests, and other tests as ordered by the responsible physician or dentist. All findings shall be recorded on forms approved by the medical authority and a medical classification code is assigned to each inmate.
Written policy, procedure, and practice shall provide that the Department of Corrections classification program be utilized. The contractor shall facilitate the application of the Department of Corrections classification process, but the Department of Corrections will make all classification decisions.
Written policy, procedure, and practice shall provide for screening of inmates double celled in a room or cell.
Written policy, procedure, and practice shall provide for full-time work or programmatic participation of general population inmates, as required by the contract, which take into account the inmate's level of risk to staff, the general public, and facility needs. Policy and procedure shall provide that work performance is evaluated, and that the results are considered in recommending appropriate sentence credits and other incentives to the Department of Corrections.
Employees shall be trained in inmate work supervision and other areas specifically related to that inmate work assignment prior to independent functioning as work supervisors.
The facility shall provide space, maintain facilities, and provide services for academic, vocational education, and library programs, as required by the contract.
Written policy, procedure, and practice shall provide for a recreational program that includes leisure time activities and outdoor exercise.
Every inmate (excluding isolation) who is not employed in outdoor work shall have the opportunity for at least one hour of exercise three separate days per week in an out-of-door area, weather permitting.
Adequate facilities and equipment for the planned recreation or exercise activities shall be available to the inmate population and shall be maintained in good condition.
All recreational activities shall be under staff supervision and approved by the contractor.
Written policy, procedure, and practice shall provide for access to religious programs for all inmates on a voluntary basis. No preference may be given to any activity of one religious denomination, faith, or sect over another.
Chaplains, clergy, or other religious leaders shall have access to the facility to attend to the religious needs of the inmates.
Counseling by chaplains and clergy shall be confidential.
Adequate and appropriate space for worship shall be made available by the facility.
Written policy, procedure, and practice shall provide for a system of core programs at each facility appropriate to the needs of inmates.
Core programs required by the contract shall meet program standards and guidelines established by the Department of Corrections.
Written policy, procedure, and practice shall provide that each inmate is assigned a counselor. Staff shall be available to counsel inmates and provisions shall be made for counseling and crisis intervention services as needed.
Counseling shall be provided by persons qualified by either formal education or training.
Written policy, procedure, and practice shall provide that persons providing clinical treatment and professional services are certified or licensed as required by law or regulations.
Written policy, procedure, and practice shall provide that facility staff conduct an evaluation of the needs of the inmate population at least every 12 months in order to identify necessary programs and services, or to identify changes needed to existing programs and services.
Written policy, procedure, and practice shall provide that all inmates have access to a program of release preparation prior to their release to the community.
Written policy and procedure shall specify the lines of authority, responsibility, and accountability for the facility's citizen involvement and volunteer services program.
Written policy, procedure, and practice shall provide that each volunteer completes an appropriate, documented orientation or training program prior to assignment.
Volunteers shall agree in writing to abide by all facility policies, particularly those relating to the security and confidentiality of information.
Volunteer services shall be provided by persons qualified by formal and applicable education, training, or experience.
