West Virginia Code of State Rules Agency 93 - Workers' Compensation Office Of Judges
Here’s a detailed overview of West Virginia Code of State Rules – Agency 95: Jails and Prisons Standards Commission (Title 95):
🗃️ Structure of Title 95
Title 95, also known as the Legislative Rule: Jail and Correctional Facility Standards Commission, is organized into three main series:
Series 95‑01 – Minimum Standards for Construction, Operation & Maintenance of Jails
Series 95‑02 – Minimum Standards for Construction, Operation & Maintenance of Correctional Facilities
Series 95‑03 – Minimum Standards for Construction, Operation & Management of Holding Facilities (law.cornell.edu)
Each series outlines standards across multiple domains—physical infrastructure, administration, inmate care, security, and operations.
✅ Series 95‑01 – Jails (Sections 95‑1‑1 to 95‑1‑24)
This series—effective June 3, 1996—addresses:
General operations (§95‑1‑1)
Administration & management (§95‑1‑2)
Fiscal oversight, personnel, and training (§95‑1‑3 to 95‑1‑5)
Facilities (physical plant, safety, sanitation) (§95‑1‑8 to §95‑1‑10)
Security, inmate classification, and special management (§95‑1‑11 to §95‑1‑12, §95‑1‑19)
Inmate services: food, medical care, rights, discipline, communication, programming, re-entry (§95‑1‑13 to §95‑1‑17, §95‑1‑20 to §95‑1‑22)
Volunteer and citizen involvement, plus a glossary (§95‑1‑23–24) (law.cornell.edu, regulations.justia.com)
⚙️ Series 95‑02 & 95‑03 – Correctional & Holding Facilities
Series 95‑02 applies these same minimum standards to state prisons and correctional facilities, covering construction, operations, and maintenance .
Series 95‑03 targets short-term holding facilities (e.g., booking centers, lockups) with parallel operational and safety guidelines (law.cornell.edu).
🧩 Key Focus Areas Across All Series
Physical standards: Minimum requirements for facility design, safety systems, hygiene, and environmental control.
Operational protocols: Standards for staffing, recordkeeping, financial management, classification, and inmate processing.
Inmate welfare: Mandated medical care, nutritional programs, hygiene, discipline, grievance mechanisms, and exercise/education.
Security: Policies for movement, emergency procedures, visiting, mail, communication.
Community involvement: Volunteer engagement, reporting, transparency, and a shared glossary ensures consistent terminology.
📌 Important Legal & Historical Notes
Series 95‑01 was officially effective June 3, 1996 (courtswv.gov, law.cornell.edu).
The Commission operates under statutory authority granted by W. Va. Code § 31‑20‑8 and § 31‑20‑9, enabling it to promulgate these rules.
Legal controversies have arisen—e.g., in 2002–05, the WV Supreme Court ruled that double‑bunking rules (95‑2‑8.7) for correctional facilities were superseded by 1998 legislation, and mandated enforceable standards for single‑cell assignments based on medical and other objective criteria (courtswv.gov).
🧭 Implications & Use
These rules serve as the minimum regulatory baseline for jails, prisons, and holding facilities in WV.
Agencies must comply across multiple domains—from facility structure to inmate rights and operations.
Legal enforcement has clarified that statutes may override specific regulatory requirements, but agencies still must provide objective, documented decision-making standards regarding safety, medical suitability, and housing.
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