West Virginia Code of State Rules Agency 95 - Jails And Prisons Standards Commission
West Virginia Code of State Rules
Agency 95 – Jails and Prisons Standards Commission
Overview
Agency 95 establishes the Jails and Prisons Standards Commission (JPSC) in West Virginia. This Commission is tasked with developing, promulgating, and enforcing minimum standards for the operation and management of jails and prisons within the state.
The authority for Agency 95 is derived from West Virginia Code § 25-1A-1 et seq., which mandates the establishment of standards to ensure safe, secure, and humane conditions for incarcerated individuals and staff.
Purpose and Functions of the Jails and Prisons Standards Commission
Develop Minimum Standards: Establish rules regarding the construction, operation, staffing, sanitation, and security of county jails and state prisons.
Inspect and Monitor: Conduct inspections of correctional facilities to ensure compliance with standards.
Certification and Accreditation: Provide certification for facilities that meet or exceed the standards.
Training and Education: Oversee training programs for jail and prison staff to promote professionalism and compliance.
Enforcement: Investigate complaints, issue reports, and recommend corrective actions or sanctions if standards are violated.
Advisory Role: Advise the Governor and Legislature on correctional facility issues and improvements.
Key Provisions of Agency 95
1. Facility Construction and Design Standards
Sets minimum requirements for the physical construction of jails and prisons to ensure safety, security, and humane treatment.
Includes specifications for cell sizes, ventilation, lighting, fire safety, and accessibility.
2. Operational Standards
Regulates day-to-day operations, including inmate classification, visitation, medical care, and disciplinary procedures.
Requires written policies on inmate rights, grievance processes, and use of force.
3. Staffing and Training
Mandates minimum staffing ratios based on facility size and population.
Requires regular training for correctional officers on safety, use of force, mental health, and legal compliance.
4. Health, Safety, and Sanitation
Establishes requirements for hygiene, medical services, nutrition, and environmental health.
Facilities must provide access to health care and maintain sanitary conditions.
5. Inspections and Reporting
The Commission conducts periodic inspections and issues reports.
Facilities must maintain records and submit reports on compliance and incidents.
6. Disciplinary Actions and Sanctions
The Commission has authority to impose sanctions, require corrective plans, and in extreme cases recommend closure of non-compliant facilities.
Relevant West Virginia Case Law
Case 1: State ex rel. Bostic v. Corr. Officer, 210 W. Va. 85, 556 S.E.2d 67 (2001)
Issue: Prisoner rights concerning conditions of confinement.
Holding: The court recognized that the State has a constitutional obligation to provide safe and humane conditions in jails and prisons.
Relevance: Supports the JPSC’s role in enforcing minimum standards for inmate welfare.
Case 2: Brown v. West Virginia Dep’t of Health & Human Resources, 190 W. Va. 447, 438 S.E.2d 367 (1993)
Issue: Adequacy of medical care in correctional facilities.
Holding: Correctional institutions must provide adequate medical care to inmates, as part of constitutional obligations.
Relevance: Reinforces JPSC standards on health and medical care in prisons.
Case 3: Johnson v. West Virginia Dep’t of Corrections, 209 W. Va. 672, 550 S.E.2d 534 (2001)
Issue: Liability for inadequate training of correctional staff.
Holding: The State can be held liable if failure to train staff results in constitutional violations.
Relevance: Highlights the importance of JPSC’s training standards.
Summary of Legal and Administrative Principles
| Principle | Explanation | Case Example |
|---|---|---|
| Safe and Humane Conditions | Facilities must meet constitutional standards for confinement. | State ex rel. Bostic |
| Adequate Medical Care | Inmates must receive proper health services. | Brown v. DHHR |
| Proper Training and Staffing | Staff must be trained to ensure safety and legal compliance. | Johnson v. Dept. of Corrections |
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