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Washington, D.C.

MEMORANDUM

May 19, 2009

To:
From:
Copies to:
Subject:

James T. Hayes, Jr., Director, Office of Detention and Removal, Immigration and Customs
Enforcement
American Bar Association Delegation to Pamunkey Regional Jail 1
b6
ABA Commission on Immigration
Report on August 1, 2007 Observational Tour of Pamunkey Regional Jail, Ashland,
Virginia

This memorandum summarizes and evaluates information gathered at Pamunkey Regional Jail (“PRJ”
or “the facility”) in Ashland, Virginia, during the delegation’s August 1, 2007 visit to the facility. The
information was gathered via observation of the facility by the delegation, interviews with seven
detainees, and discussions with PRJ personnel.
I.

ICE DETENTION STANDARDS

In November 2000, the Immigration and Naturalization Service (INS), 2 promulgated the “INS
Detention Standards” to ensure the “safe, secure and humane treatment” of immigration detainees. The
thirty-nine standards contained in the Detention Operations Manual cover a broad spectrum of issues
ranging from visitation policies to grievance procedures. These standards apply to ICE-operated
detention centers and other facilities that house immigration detainees pursuant to a contract or
intergovernmental service agreement (“IGSA”).
The Detention Standards (the “Standards”) went into effect at ICE-operated detention facilities on
January 1, 2001. ICE intended to phase in the Standards at all of its contract and IGSA facilities by
December 31, 2002. The Standards constitute a floor rather than a ceiling for the treatment of
immigration detainees. In other words, they are designed to establish the minimum requirements to
which ICE must adhere in its facilities. Each Field Office or Officer-in-Charge has discretion to
1

The delegation was comprised of attorneys and summer associates from the Washington, DC office of Latham &
b6
b6
b6
b6
b6
b6
Watkins:
,
,
,
, and
2
Effective March 1, 2003, the INS ceased to exist as an agency of the Department of Justice. The INS’ immigration
enforcement functions were transferred to Immigration and Customs Enforcement (“ICE”), a division of the newlycreated Department of Homeland Security (“DHS”).

October 5, 2007
Page 2

promulgate polices and practices affording ICE detainees more enhanced rights and protections, beyond
those provided for by the Standards.
II. INTRODUCTION
A.

The Delegation’s Visit, August 1, 2007

On Wednesday, August 1, 2007, the members of our delegation met with several members of PRJ’s
b6, b7C
staff in Ashland, Virginia. Captain
led our delegation on a tour of the facilities and
participated in post-tour follow-up discussions. The delegation also met with the following PRJ
personnel along the tour: Officer b6, b7C , Officer b6, b7C , Lieutenant b6, b7C , Officer b6, b7C and b6
b6
(Director of Nursing). The delegation appreciates the cooperation of these individuals; they were
direct and accommodating during our tour of the facility.
Our report is based on the discussions we had with these PRJ employees, as well as observations of the
facility and interviews with seven immigration detainees. 3 In some instances, the detainees’ reports were
compatible with statements made by facility personnel and our observations. In such cases, the
delegation was able to more accurately determine whether PRJ policy and procedures successfully meet
the Standards. In many instances, however, the detainees’ reports conflicted with statements made by
facility personnel. Where we were unable to reconcile the conflicting reports, the delegation was unable
to determine conclusively whether the Standards are being met.
B.

General Information About the PRJ Detention Facility

The PRJ Detention Facility houses federal immigration detainees according to an intergovernmental
service agreement (“IGSA”) with ICE. 4 According to the PRJ personnel, the Facility generally houses
seventy to eighty immigration detainees who remain at the facility anywhere from overnight to eight to
ten months. 5 Most inmates and detainees at PRJ are male, and the facility occasionally houses women. 6
Currently, women are housed at the facility, although we did not ascertain the exact number. 7 Based on
the nationality of the detainees whom we interviewed, it appears that the facility houses immigration
detainees from many different countries, including Iraq, Tanzania, Ethiopia, Haiti, Peru, the Dominican
Republic, and El Salvador.
III. PREVIOUS ABA REPORT AND SUMMARY OF ISSUES THAT PERSIST
The ABA visited PRJ on July 18, 2005. Several issues of concern during that visit persisted
when the ABA visited again in August 2007. The ABA is particularly concerned because in June
2006 ICE reported to the ABA that the facility indicated that most of these issues had been
corrected. 8 In 2005, the ABA learned that general visitation was not permitted on weekends, and ICE
agreed to look into this issue. In 2005 the ABA reported that consulate lists were not posted by
telephones and that calls were limited to fifteen minutes. Although ICE responded that the lists had been
posted and call limits increased to twenty minutes, neither correction appears to be in place. In 2005 and
3

Several of the detainees asked to remain anonymous for this report, so the delegation has withheld identifying
information for all of the detainees in order to protect the anonymity of those who requested it.
4
b6
Notes of delegation member
5
Notes of delegation member
.
6
b6
Notes of delegation member
, on conversation with Captain b6, b7C
7
Notes of delegation member
.
8
The ABA met with ICE on June 27, 2006 to discuss the 2005 PRJ report.

October 5, 2007
Page 3

in 2007, the delegations reported that incoming messages from attorneys were not being taken. In
response to the 2005 report, ICE stated that messages from attorneys were being taken, and that ICE
would reiterate the policy regarding messages to the facility. In 2005 and in 2007, the delegation reported
that detainees were unable to make private telephone calls, because there were no privacy safeguards on
the telephones they use, and that telephone calls are monitored. ICE reported that it would look into
whether detainees were aware of the facility’s policy to permit them to make legal calls in the intake area.
In 2005 and 2007, the ABA delegations reported that law library access was limited to one hour per week.
ICE reported that detainees received five hours per week in the library.
IV. LEGAL ACCESS STANDARDS
A.

Visitation
1.

Visitation by Attorneys

The Standards require that facilities permit legal visitation seven days per week. 9 Legal visits must be
permitted for a minimum of eight hours per day during the week and four hours per day on weekends and
holidays. 10 The visits must be private, and should not be interrupted for head counts. 11 Facilities should
establish a procedure by which attorneys may call to determine whether a detainee is housed in a
particular facility. 12 Detention centers should permit visits from attorneys, other legal representatives,
legal assistants, and interpreters. 13 The handbook must provide visitation rules and hours. 14
Pamunkey Regional Jail substantially meets this section of the Standards; however, the Inmate
Handbook should state that attorney visits may be scheduled upon request on weekends and
holidays. Attorneys may visit the detainees in private rooms seven days per week. 15 On weekdays,
attorney visits generally last one hour, 16 though one detainee indicated that he had a visit lasting up to
four hours. Attorneys may visit on weekends and holidays as long as they call prior to arrival to set up an
appointment. 17 The visitation hours are posted in the lobby and explained in the Inmate Handbook;
however, the Handbook does not explain that attorney visits may be scheduled by request on weekends
and holidays, and there is some discrepancy between the Handbook and the lobby posting (explained
below). 18
Visitation is not interrupted for head counts or meals, and in the event a detainee misses a meal due to
an attorney visit, he or she will be provided a bag lunch at a later time. 19 Attorneys wishing to locate a
particular detainee are directed to the Intake office for assistance. 20

9

Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.2.
11
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.9.
12
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.6.
13
Detention Operations Manual, Detainee Services, Standard 17, Section III.I.3.
14
Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
15
Notes of delegation member
, on conversation with Officer
; Inmate Handbook, p. 16.
16
b6
Notes of delegation member
, on conversation with Officer b6, b7C .
17
Notes of delegation member
, on conversation with Officer
.
18
b6
Observations of delegation member
; Pamunkey Regional Jail (“PRJ”) Inmate Handbook, p. 16.
19
Notes of delegation member
, on conversation with Officer b6, b7C
b6
20
Notes of delegation member
, on conversation with Officer
10

October 5, 2007
Page 4

The visiting hours information is posted in the lobby, provided in the “Pamunkey Regional Jail Inmate
Handbook” (“Inmate Handbook” or the “Handbook”), and was provided by the facility staff provided
during the tour, but all three sources differ in the information they provide. 21 The staff stated that
attorney visiting hours on weekdays are 8:00-11:00 a.m., 12:00-2:00 p.m., 2:30-3:30 p.m., and 7:30-9:30
p.m.; and on weekends, attorneys must call ahead for an appointment. 22 However, the Handbook states
“No visits are scheduled on Saturdays, Sundays or legal holidays”; no exception is specified for attorney
visits. 23 According to the visitation hours posted in the lobby, attorney visits are not permitted during
mealtime and lockdown. 24 However, the facility staff explained, and the Handbook confirms, that the Jail
allows attorney-client visits during mealtime, and that the kitchen will provide a regular meal to the
detainee should the meeting continue through a meal. 25 According to staff, attorney visitation is also
permitted during lockdown periods. 26 Most of the interviewed detainees indicated that they knew the
visitation schedule and procedures for signing up, although it was noted that the schedule and procedures
are not posted in Spanish. 27
The facility has three private visitation rooms that are typically used for attorney visitation. 28 Attorney
visits are generally private, contact visits. 29 Attorneys are searched with a metal detector before entry,
and detainees are subject to strip searches after contact visits. 30 If an attorney requests a non-contact visit,
where the attorney and detainee are separated by Plexiglass, the detainee will still be subject to a patdown search upon leaving the visitation room. 31 Captain b6, b7C explained that this was necessary to avoid
contraband from being slipped into the detainee room through a door that connects to the public
hallway. 32
2.

Visitation by Family and Friends

To maintain detainee morale and family relationships, the Standards encourage visits from family and
friends. 33 The Standards require that facilities establish written visitation hours and procedures, post them
where detainees can see them, and make them available to the public. 34 This includes procedures for
handling incoming money for detainees. 35 The visiting area is to be “appropriately furnished and
arranged, and as comfortable and pleasant as practicable.” 36 Visiting hours shall be set on Saturdays,
21

The Handbook is not specific to immigration detainees and therefore does not reflect any policies or procedures
that the facility may have implemented which are specific to detainees and different from those for the general
inmate population. Based on all interviews with Jail staff, however, the Jail does not appear to treat immigration
detainees any differently than criminal inmates with regard to visitation rules.
22
Notes of delegation.
23
Inmate Handbook, pp. 15-16.
24
b6
Observations of delegation member
.
25
Notes of delegation member
, on conversation with Officer b6, b7C Inmate Handbook, p. 16.
26
b6
Notes of delegation member
, on conversation with Officer
Inmate Handbook, p. 16.
27
b6
b6
Notes of delegation member
,
, and
, on conversations with anonymous
detainees.
28
b6
b6
Observations of delegation member
notes of delegation member
on conversation
with Captain b6, b7C
29
Notes of delegation member
, on conversation with Captain b6, b7C .
30
Notes of delegation member
, on conversation with Officer b6, b7C .
b6
31
Notes of delegation member
, on conversation with Captain b6, b7C
32
Notes of delegation member
, on conversation with Captain
33
Detention Operations Manual, Detainee Services, Standard 17, Section I.
34
Detention Operations Manual, Detainee Services, Standard 17, Section III.A & B.
35
Detention Operations Manual, Detainee Services, Standard 17, Section III.D.
36
Detention Operations Manual, Detainee Services, Standard 17, Section III.G.

October 5, 2007
Page 5

Sundays, and holidays, and the Standards encourage facilities to accommodate visitors at other times
when they are facing a particular hardship. 37 Visits should be at least 30 minutes long, and longer when
possible. 38 If a facility does not provide for visits from minors, ICE should arrange for visits with
children or stepchildren within the detainee’s first 30 days at the facility, with continuing monthly visits. 39
Visits should be granted to detainees in both disciplinary and administrative segregation unless a detainee
violates the visitation rules or threatens the security of the visitation room. 40
Pamunkey Regional Jail does not meet these Standards; visitation from family and friends is not
allowed on weekends and holidays; and detainees in disciplinary custody are not allowed visitation
from family and friends. The visitation schedule is clearly posted at the entrance to the facility and on
PRJ’s website. 41 Visiting hours are five days per week, from 9:00 a.m. until 11:00 a.m., from 2:00 p.m.
until 3:30 p.m., and again from 7:30 p.m. until 9:30 p.m. 42 Visitation is self-scheduled by inmates and
immigration detainees on a first-come, first-served basis using a sign-up sheet. 43 Though the Standards
require that visitation should be allowed on weekends and holidays “to maintain detainee morale,” the
facility’s schedule does not allow for visitation by family and friends on weekends and holidays. 44 The
Standards suggest the visits be allowed for “at least 30 minutes;” visitation at PRJ is limited to 30 minutes
unless the visitor has been pre-approved for an “extended visit” by virtue of traveling greater than 75
miles to reach the facility. 45 All visits are non-contact. 46 Up to two minors (eighteen years old or
younger) may visit a detainee at one time if accompanied by an adult. 47
Although the Standards do not cap the number of visits, PRJ provides for two visits each week, and
only one on any given day. 48 Detainees in maximum security custody are allowed one visit each week. 49
Detainees in disciplinary custody do not have visitation privileges from family and friends, even though
the Standards state that visitation should generally be allowed for detainees in disciplinary segregation,
depending upon why the detainee is being disciplined. 50

37

Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.1.
39
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.2.
40
Detention Operations Manual, Detainee Services, Standard 17, Section III.H.5; Security and Control, Standard 14,
Section III.D.17.
41
b6
Observations of delegation member
.
42
b6
Notes of delegation member
on conversation with Officer b6, b7C The Handbook lists visitation
hours as substantially similar, however the Handbook indicates that visitation would be permitted between 3:30 p.m.
and 4:00 p.m. also. Inmate Handbook, p. 15.
43
b6
Notes of delegation member
, on conversation with Officer b6, b7C Inmate Handbook, p. 15.
44
Detention Operations Manual, Detainee Services, Standard 17, Section I; notes of delegation member b6
b6
, on conversation with Officer b6, b7C ; Inmate Handbook, p. 16.
45
Notes of delegation member
, on conversation with Officer
Inmate Handbook, p. 16.
46
Notes of delegation member
, on conversation with Officer b6, b7C Inmate Handbook, p. 16.
b6
47
Notes of delegation member
, on conversation with Officer
Inmate Handbook, p. 15.
48
Inmate Handbook, p. 15.
49
Inmate Handbook, p. 15.
50
b6
Notes of delegation member
, on conversation with Officer b6, b7C and Captain b6, b7C Detention
Operations Manual, Security and Control, Section III.D.17.
38

October 5, 2007
Page 6

B.

Telephone Access
1.

General Requirements

The Standards require that facilities provide detainees with reasonable and equitable access to
telephones during established facility waking hours. 51 In order to meet this requirement, facilities must
provide at least one telephone for every 25 detainees. 52 The Standards also require that telephone access
rules be provided in writing to each detainee upon admittance, and that the rules be posted where
detainees may easily see them. 53
PRJ meets this section of the Standard. Each housing unit has its own set of phones, with the
number of telephones varying based on the size of the unit. 54 In Housing Unit G, six telephones were
available for a total of 96 inmates. 55 Detainees at PRJ are allowed access to telephones during the
established facility waking hours, with the exception of lock down periods. 56 Telephone usage rules are
not posted around the telephones, but they are posted near them. 57 The rules are posted in English, but
the telephones themselves have an option to have instructions for use conveyed in Spanish. 58
2.

Direct Calls and Free Calls

The Standards allow facilities to generally restrict calls to collect calls; 59 however, the facility
must permit detainees to make direct calls to the local immigration court and the Board of Immigration
Appeals, federal and local courts, consular officials, legal service providers, government offices, and to
family members in case of emergency. 60 The facility shall not require indigent detainees to pay for these
types of calls if local, nor for non-local calls if there is a compelling need. 61 In addition, the facility “shall
enable all detainees to make calls to the [ICE]-provided list of free legal service providers and consulates
at no charge to the detainee or the receiving party.” 62
PRJ does not meet this section of the Standard: detainees are unable to make free calls to
consulates, and telephone numbers for consulates are apparently unavailable. The delegation
observed that names and telephone numbers of free legal service providers were posted near the bank of
telephones in Housing Unit G. 63 However, a detailed list of consulate numbers was not posted; one
detainee noted that the only reason he was able to reach his embassy was because he had memorized the
number that was posted at another facility where he was previously held. 64 PRJ staff explained that a
telephone calling card had been provided by ICE specifically for calls to consular and court offices, but
51

Detention Operations Manual, Detainee Services, Standard 16, Sections I & III.A.
Detention Operations Manual, Detainee Services, Standard 16, Section III.C.
53
Detention Operations Manual, Detainee Services, Standard 16, Section III.B.
54
Notes of delegation member
on conversation with Officers
and
55
b6
Notes of delegation member
on conversation with Officers b6, b7C and b6, b7C
56
Notes of delegation member
on conversation with Officers
and
57
Observations of delegation member
.
b6
58
Observations of delegation member
.
59
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
60
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
61
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
62
Detention Operations Manual, Detainee Services, Standard 16, Section III.E.
63
Observations of delegation member
.
b6
64
b6
Observations of delegation team; notes of delegation member
, on conversation with anonymous
detainee.
52

October 5, 2007
Page 7

that the card had never worked properly and had been returned to ICE. 65 According to the staff, no
replacement calling card has been provided. 66 Detainees may place calls to the free legal service
providers without cost from within the housing units. 67
3.

Telephone Access to Legal Representatives

The Standards provide that the facility shall not restrict the number of calls a detainee places to
his/her legal representatives, nor limit the duration of such calls by automatic cutoff, unless necessary for
security purposes or to maintain orderly and fair access to telephones. 68 If time limits are necessary, they
shall be no shorter than twenty minutes. 69 The Standards require that the facility ensure privacy for
detainees’ telephone calls regarding legal matters, and that calls shall not be electronically monitored
absent a court order. 70
PRJ does not meet this section of the Standards; calls are disconnected after fifteen minutes,
private calls may only be made at the request of an outside party, all calls are monitored, and one
detainee reported being disciplined when he requested to return a call to his attorney. All telephone
calls are automatically disconnected after fifteen minutes. 71 According to PRJ staff, the detainee is free to
immediately re-dial the telephone call immediately after the disconnection, 72 but at least one detainee said
that this was not always possible, because there is often a line of inmates waiting to use the telephones. 73
Detainees are unable to make private telephone calls, because the phones where detainees make outgoing
calls are all located in the public areas of the housing units with no privacy safeguards. 74 The telephones
are out in the open, and there are no partitions. 75 The Inmate Handbook states that “[a]ll attorneys, parole
officer or other legal calls will be made from the housing unit inmate phones.” 76 PRJ staff stated that all
telephone calls are monitored, and that a confidential call may be arranged, but only at the request of an
attorney or other outside party. 77 Finally, one detainee reported that he was prevented from returning a
call from his attorney by the guard assigned to his housing unit. 78 The detainee also reported that when
he asked to be allowed to return the call a second time, he was placed in disciplinary segregation. 79
4.

Incoming Calls and Messages

The Standards require that facilities take and deliver messages from attorneys and emergency
incoming telephone calls to detainees as promptly as possible. 80 If the facility receives an emergency

65

Notes of delegation member
, on conversation with Officers b6, b7C and b6, b7C
b6
Notes of delegation member
, on conversation with Officers
and
67
b6
Notes of delegation member
, on conversation with Officers b6, b7C and b6, b7C .
68
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
69
Detention Operations Manual, Detainee Services, Standard 16, Section III.F.
70
Detention Operations Manual, Detainee Services, Standard 16, Section III.J.
71
Notes of delegation member
, on conversation with Officers b6, b7C and
b6
b6, b7C
72
Notes of delegation member
, on conversation with Officers
and
73
b6
Notes of delegation member
, on conversation with anonymous detainee.
74
Observations of delegation member
.
b6
75
Observations of delegation member
.
76
PRJ Inmate Handbook, p. 14.
77
b6
Notes of delegation member
, on conversation with Officers b6, b7C and b6, b7C .
78
Notes of delegation member
, on conversation with anonymous detainee.
b6
79
Notes of delegation member
, on conversation with anonymous detainee.
80
Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
66

October 5, 2007
Page 8

telephone call for a detainee, the Standards suggest that the facility obtain the caller’s name and number
and permit the detainee to return the emergency call as soon as possible. 81
PRJ apparently does not meet this Standard; a detainee and an attorney indicated that
messages do not always reach detainees. Although no formal message delivery system exists at PRJ,
the staff indicated that messages regarding emergencies or from attorneys are delivered to detainees as
soon as practicable. 82 When a message indicates an emergency, detainees are permitted to return the
telephone call immediately, even during lockdown periods, at the officer’s discretion. 83 Messages from
attorneys typically provide the detainee with the telephone number and appropriate time to return the
attorney’s call. 84 Detainees in disciplinary segregation are also given messages relating to family
emergencies. 85 However, one detainee indicated that he has never received messages left for him by his
attorney. 86 Another detainee’s attorney noted that she was not able to reach her client by phone, and her
ability to communicate with her client led the detainee to miss court dates. 87
5.

Telephone Privileges in Special Management Unit

The Standards provide that detainees in the Special Management Unit (“SMU”) for disciplinary
reasons shall be permitted to make direct and/or free calls, except under compelling security conditions. 88
Detainees in the SMU for other than disciplinary reasons must have telephone access similar to detainees
in the general population. 89 The Standards limit telephone calls for detainees in disciplinary segregation
to calls for legal matters, calls to consular and embassy officials, and calls for family emergencies. 90
PRJ substantially meets this Standard. However, detainees in administrative segregations
are not afforded the same opportunities for making calls as detainees in the general population:
they may only call their attorney during their one hour of free time per day. Detainees in
disciplinary segregation are allowed to return telephone calls from their attorney and family emergency
telephone calls. 91 Detainees in disciplinary segregation are also permitted to place calls to
consular/embassy officials, and PRJ has a list of such telephone numbers. 92 However, detainees in
administrative segregation or protective custody are not afforded the same opportunities to place
telephone calls as detainees/inmates in the general population. 93 Instead, such detainees are permitted one
hour of free time per day, during which they may access the telephones to contact their attorney only. 94

81

Detention Operations Manual, Detainee Services, Standard 16, Section III.I.
Notes of delegation member
on conversation with Officers
and b6, b7C
b6
b6, b7C
83
Notes of delegation member
on conversation with Officers
and
84
b6
Notes of delegation member
, on conversation with Officers b6, b7C and b6, b7C
85
b6
Notes of delegation member
, on conversation with Officers b6, b7C and b6, b7C
86
b6
Notes of delegation member
, on conversation with anonymous detainee.
87
b6
Notes of delegation member
, on phone conversation with anonymous detainee’s attorney.
88
Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
89
Detention Operations Manual, Detainee Services, Standard 16, Section III.G.
90
Detention Operations Manual, Security and Control, Standard 14, Section III.D.19.
91
Notes of delegation member
on conversation with Officers
and
92
Notes of delegation member
on conversation with Officers
and
b6, b7C
b6, b7C
b6
93
Notes of delegation member
on conversation with Officers
and
94
Notes of delegation member
on conversation with Officers
and
82

October 5, 2007
Page 9

C.

Access to Library and Legal Materials

All facilities with detainees “shall permit detainees access to a law library, and provide legal
materials, facilities, equipment and document copying privileges, and the opportunity to prepare legal
documents.” 95
1.

Library Access

The Standards suggest that each facility shall have a flexible schedule for law library use that
permits all detainees, regardless of housing or classification, to use the law library on a regular basis. 96
Each detainee shall be permitted to use the law library for a minimum of five hours per week. 97
Detainees in segregation shall have the same library access as the general population, absent compelling
security concerns. 98
PRJ does not fully meet this standard: detainees reported that they only have access to the
library one hour per week, and detainees in disciplinary segregation do not have access to the
library. PRJ staff indicated that access to the law library rotates between the various housing units,
allowing detainees to use the library on the days his/her housing unit is scheduled to do so. 99 The law
library is open from approximately 7 a.m. throughout the day, including hours on weekends, and
detainees need only request additional time with the programs staff if they would like to schedule time for
additional law library research. 100 PRJ personnel stated that library time does not conflict with recreation
time. 101 However, one detainee stated that detainees are only allowed to access the law library for one
hour per week, and that access is on a first-come, first-served basis. 102 Another detainee noted that it is
usually hard to get permission to go to the library, and once there it is difficult to get enough work done in
the one-hour time limit. 103 Detainees in protective custody may request and have access to the law
library, but detainees placed in disciplinary segregation may not do so. 104
Detainees are allowed to retain legal materials and documents with them, so long as the
materials/documents fit within the three totes of personal belongings that inmates keep in their cells. 105
Detainees may keep personal property in their cells only up to the amount that fits in the three totes, and it
is a detainee’s decision to make regarding what personal property – whether it be legal documents or
other personal items – s/he will keep in the totes. 106 Items, including legal documents, which exceed the
space of the three totes will be stored by the facility. 107 Detainees may gain access to these materials by
filling out a request form, and jail staff will bring materials to detainees’ cells. 108

95

Detention Operations Manual, Detainee Services, Standard 1, Section I.
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
97
Detention Operations Manual, Detainee Services, Standard 1, Section III.G.
98
Detention Operations Manual, Detainee Services, Standard 1, Section III.
99
b6
Notes of delegation member
, on conversation with Officers b6, b7C and b6, b7C
100
Notes of delegation member
on conversation with Officers
and
.
b6, b7C
b6, b7C
101
b6
Notes of delegation member
on conversation with Officers
and
.
102
Notes of delegation member
on conversation with anonymous detainee.
103
b6
Notes of delegation member
on conversation with anonymous detainee.
104
Notes of delegation member
, on conversation with Officers
and
105
Notes of delegation member
, on conversation with Officers
and
106
b6
Notes of delegation member
, on conversation with Officers b6, b7C and b6, b7C
107
Notes of delegation member
, on conversation with Officers
and
108
Notes of delegation member
, on conversation with Officers
and
96

October 5, 2007
Page 10

2.

Library Conditions

The Standards require that a facility provide a law library with sufficient space to facilitate
detainees’ legal research and writing. 109 Furthermore, it must be large enough “to provide reasonable
access to all detainees who request its use. It shall contain a sufficient number of tables and chairs in a
well-lit room, reasonably isolated from noisy areas.” 110
PRJ meets this Standard. The facility provides a small, well-lit room for the law library. 111
The space has three bookshelves of legal materials, two computers, and one medium-sized table for
research. 112 One of the computers is marked for ICE detainee use only; neither computer has an attached
printer. 113 The library is located adjacent to a main corridor, but was very quiet during our visit. 114 The
room contained four to five chairs and appeared sufficiently large to accommodate that number of
inmates at a given time. 115 According to staff, all detainees are issued writing instruments and paper. 116
3.

Materials Identified in the Detention Standards

The Standards require that all facility law libraries contain the materials listed in Attachment A to
the chapter on Access to Legal Materials. 117 These materials must be updated regularly, and information
must be added on significant regulatory and statutory changes regarding detention and deportation of
aliens in a timely manner. 118 Damaged or stolen materials must be promptly replaced. 119
PRJ substantially meets this section of the Standards; however, the library does not contain
certain materials. Most of the secondary resources listed as required by Attachment A to the chapter on
Access to Legal Materials are available at the PRJ law library. 120 However, the law library does not
contain Human Rights Watch – World Report, Considerations for Asylum Officers Adjudicating Asylum
Claims from Women, Lawyer’s Committee Handbook on Representing Asylum Applicants, or Legal
Research & Writing: Some Starting Points. 121 The law library does contain Amnesty International
Refugee Program Binder, a complete set of American Jurisprudence volumes and the Virginia Code. 122
Finally, detainees have access to a version of LexisNexis which specifically contains immigration
materials. 123 According to PRJ staff, the materials are updated by ICE personnel, who routinely sends
CD-ROMs and other items to update the holdings. 124 Detainees may request materials not available in the

109

Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
Detention Operations Manual, Detainee Services, Standard 1, Section III.A.
111
Observations of delegation member
.
b6
112
Observations of delegation member
.
113
b6
b6
Observations of delegation members
and
114
Observations of delegation member
.
b6
115
Observations of delegation member
.
116
b6
Notes of delegation member
on conversation with Officers b6, b7C and b6, b7C .
117
Detention Operations Manual, Detainee Services, Standard 1, Section III.C.
118
Detention Operations Manual, Detainee Services, Standard 1, Section III.E.
119
Detention Operations Manual, Detainee Services, Standard 1, Section III.F.
120
Observations of delegation members
, and
.
121
b6
b6
b6
Observations of delegation members
, and
.
122
Observations of delegation members
, and
.
123
b6
Observations of delegation member
.
124
b6
Notes of delegation member
, on conversation with Officers b6, b7C and b6, b7C .
110

October 5, 2007
Page 11

library by submitting a request to the programs staff. 125 The programs staff will then contact ICE to have
the materials sent to the facility. 126 All library materials were in English. 127
4.

Library Equipment and Supplies

The Standards require that facility law libraries provide an adequate number of typewriters and/or
computers, writing implements, paper, and office supplies to enable detainees to prepare documents for
legal proceedings. 128 Staff must inspect at least weekly to ensure equipment is in working order and to
stock sufficient supplies. 129 In addition, indigent detainees must be provided free envelopes and stamps
for legal mail. 130
PRJ does not fully meet this section of the Standards; sometimes detainees with no money
are not classified as indigent, and therefore are ineligible for free envelopes and stamps. PRJ has
two computers available in its law library, one of which is solely for use by immigration detainees. 131
Officer b6, b7C stated that detainees may not save information on diskettes. 132 The programs staff is in
charge of checking/updating the materials in the law library, and Officer b6, b7C estimated that this review
is conducted once each quarter to once every six months. 133
Writing instruments and paper are supplied by the facility to detainees, 134 but were not present in
the library at the time of the delegation visit. 135 Detainees who are identified as indigent are provided
with ten free envelopes with stamps every two weeks. 136 To be designated as indigent, a detainee must
sign up every two weeks on the indigent list. 137 PRJ staff will then review a detainee’s commissary
account to determine whether s/he is, in fact, indigent. 138 Apparently detainees may have to wait before
being declared indigent, and may not be declared indigent even if they have no money. A detainee must
carry a zero balance on his/her commissary account for a certain period of time before s/he will be
classified as indigent. 139 However, PRJ staff indicated that a detainee or inmate is not automatically
classified as indigent when s/he has a zero balance, because detainees would then have the incentive to
deplete their commissary accounts and rely on the facility for free stamped envelopes and other
materials. 140
5.

125

Photocopies

Notes of delegation member
on conversation with Officers b6, b7C
b6
Notes of delegation member
on conversation with Officers
127
b6
Observations of delegation member
128
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
129
Detention Operations Manual, Detainee Services, Standard 1, Section III.B.
130
Detention Operations Manual, Detainee Services, Standard 1, Section III.N.
131
b6
Observations of delegation member
.
132
Notes of delegation member
on conversation with Officer b6, b7C .
133
b6
Notes of delegation member
on conversation with Officers
b6, b7C
134
Notes of delegation member
on conversation with Officers
135
b6
Observations of delegation member
.
136
Notes of delegation member
, on conversation with Officers
137
Notes of delegation member
, on conversation with Officers
138
b6
Notes of delegation member
, on conversation with Officers b6, b7C
139
Notes of delegation member
, on conversation with Officers
140
Notes of delegation member
, on conversation with Officers
126

and
and

b6, b7C

and
and

b6, b7C

.
.

b6, b7C

.
.
.
.
.

and
and
and
and
and

October 5, 2007
Page 12

The Standards provide that each facility shall ensure that detainees can obtain photocopies of
legal materials, when such copies are reasonable and necessary for legal proceedings involving the
detainee. 141 Enough copies must be provided so that a detainee can fulfill court procedural rules and
retain a copy for his records. 142 Facility personnel may not read a document that on its face is clearly
related to a legal proceeding involving the detainee. 143
PRJ meets this section of the Standards. Detainees at PRJ may make copies, for twenty-five
cents per copy, of any legal materials, provided that the request is “reasonable.” 144 Indigent detainees
may, upon request, have copies made of documents at no charge. 145 As with other detainees, copy
requests by indigent detainees are granted on a case-by-case basis, provided that the request is
reasonable. 146
6.

Notice to Detainees

The Standards require that the detainee handbook provide detainees with the rules and procedures
governing access to legal materials. 147
PRJ meets this Standard. The PRJ Inmate Handbook provides detainees with the procedure for
gaining access to the law library, as well as rules/restrictions governing law library usage. 148
D.

Group Rights Presentations

The Standards provide that facilities holding ICE detainees “shall permit authorized persons to make
presentations to groups of detainees for the purpose of informing them of U.S. immigration law and
procedures, consistent with the security and orderly operation of each facility.” 149 Informational posters
are to be prominently displayed in the housing units at least forty-eight hours in advance of a scheduled
presentation. 150 While the presentations are open to all detainees, the facility “may limit the number of
detainees at a single session.” 151 “The facility shall select and provide an environment conducive to the
presentation, consistent with security.” 152 In addition, detainees shall have regular opportunities to view
an “INS-approved videotaped presentation on legal rights.” 153
The PRJ substantially meets this section of the Standards; however, posters are not posted in
advance of presentations. According to PRJ personnel, there are no restrictions on group rights
presentations. 154 PRJ officials informed us that the Capital Area Immigrant Rights (“CAIR”) Coalition

141

Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
143
Detention Operations Manual, Detainee Services, Standard 1, Section III.J.
144
Notes of delegation member
, on conversation with Officers
and
145
b6
Notes of delegation member
, on conversation with Officers b6, b7C and
146
Notes of delegation member
, on conversation with Officers
and
147
Detention Operations Manual, Detainee Services, Standard 1, Section III.K.
148
PRJ Inmate Handbook, p. 19.
149
Detention Operations Manual, Detainee Services, Standard 9, Section I.
150
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
151
Detention Operations Manual, Detainee Services, Standard 9, Section III.C.
152
Detention Operations Manual, Detainee Services, Standard 9, Section III.E.
153
Detention Operations Manual, Detainee Services, Standard 9, Section III.I.
154
b6
Notes of delegation member
, on conversation with Officer b6, b7C
142

b6, b7C

.
.
.

October 5, 2007
Page 13

makes monthly presentations. 155 Prior to these presentation, representatives from the CAIR Coalition
visit the individual housing units to explain their mission and what detainees can hope to learn at the
presentations. 156 No informational posters are displayed in the housing units. 157 The presentations take
place in a central room for the men and in a housing unit classroom for the women. 158 The presentations
generally are open to all detainees except those in segregation, although PRJ personnel noted that in
actuality no one is ever excluded. 159 While the number of detainees at a single session may be limited,
enough sessions are held such that all detainees interested in attending the presentation are able to
attend. 160 According to PRJ personnel, the CAIR Coalition frequently meets with small groups and
individuals after the presentations. 161 There is no official policy on group legal rights presentations;
groups can simply contact the Facility for permission to give presentations. 162 Finally, the “Know Your
Rights” video is aired at the Facility daily at 11 a.m. and several detainees reported having seen the
video. 163
V. OTHER PROVISIONS OF THE ICE DETENTION STANDARDS
A.

Correspondence and Other Mail

The Standards require that detainees be allowed to send and receive correspondence in a timely
manner, subject to limitations required for safety, security, and orderly operation of the facility. 164
General correspondence shall normally be opened and inspected for contraband in the presence of the
detainee, but may be opened and even read outside the presence of the detainee if security reasons exist
for doing so. 165 Special correspondence—which includes all written communication to or from attorneys,
legal representatives, judges, courts, government officials, and the news media—is treated differently. 166
Incoming special correspondence can be inspected for contraband only in the presence of the detainee, but
it can never be read or copied. 167 Outgoing special correspondence may not be opened, inspected, or
read. 168
The detainee handbook must specify how to address correspondence, the definition of special
correspondence and how it should be labeled, and the procedure for purchasing postage and rules for
providing indigent detainees free postage. 169 The Standards also require that facilities provide indigent
detainees with free envelopes and stamps for mail related to a legal matter, including correspondence to a

155

Notes of delegation member
, on conversation with Officer
.
Notes of delegation member
, on conversation with Officer
.
157
Notes of delegation member
, on conversation with Officer b6, b7C.
b6
158
Notes of delegation member
, on conversation with Officer
.
159
Notes of delegation member
, on conversation with Officer
.
160
Notes of delegation member
and Scott Binnings, on conversations with Officer Tyler and
anonymous detainee.
161
Notes of delegation member
, on conversation with Officer
b6, b7C
162
b6
Notes of delegation member
, on conversation with Officer
163
b6
Notes of delegation member
and
, on conversations with Officer b6, b7C and
anonymous detainees.
164
Detention Operations Manual, Detainee Services, Standard 3, Section I.
165
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
166
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B, E, & F.
167
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & E.
168
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B & F.
169
Detention Operations Manual, Detainee Services, Standard 3, Sections III.B.
156

October 5, 2007
Page 14

legal representative, potential representative, or any court. 170 Finally, the Standards require that facilities
notify detainees of specific information regarding correspondence policies. 171
PRJ does not fully meet this section of the Standards: the Handbook lacks information, indigent
detainees may not always receive free envelopes and stamps, and one detainee said legal mail was
opened outside his presence. PRJ personnel stated that all incoming mail is opened in the presence of
the detainee, and that no outgoing mail is opened or read. 172 However, one detainee stated that he has
received mail from his attorney that was opened outside his presence before it was delivered to him. 173 In
addition, he noted that he has had trouble sending outgoing mail to his attorney: a package he sent to his
attorney was never received. 174 The Handbook includes detailed information about sending and receiving
mail, when and how mail is processed, and the amount of postage allotted to indigent detainees. 175
However, the Handbook does not include a definition of special correspondence, nor information about
how to label outgoing legal mail. 176 As indicated in Section II.C.4 above, detainees with no money are
not always classified as indigent and therefore do not always have access to free envelopes and stamps.
B.

Detainee Handbook

The Standards require that every Officer in Charge develop a site-specific detainee handbook to serve
as an overview of detention policies, rules, and procedures. 177 Every detainee should receive a copy of the
handbook upon admission to the facility. 178 The handbook will be written in English and translated into
Spanish and other prevalent languages as appropriate. 179 The handbook must include visitation hours and
rules. 180 The handbook must notify detainees of the facility correspondence policy. 181 The grievance
section of the handbook must provide notice of the opportunity to file both formal and informal
grievances and the procedures for filing grievances and appeals. 182 The handbook must provide notice of
the facility’s rules of conduct and the sanctions imposed. 183 It must advise detainees of rights including
the right to protection from abuse, right to freedom from discrimination, and right to pursue a
grievance. 184 The handbook must also state that detainees have the opportunity to submit written
questions, requests, or concerns to ICE staff and the procedures for doing so. 185 The Officer in Charge
will provide a copy of the handbook to every staff member who has contact with detainees. 186
PRJ substantially meets this section of the Standards, although a few important sections are
missing from the Handbook, and the Handbook is currently unavailable in Spanish. The Handbook
170

Detention Operations Manual, Detainee Services, Standard 3, Section III.I, and Standard 1, Section III.N.
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
172
b6
Notes of delegation member
, on conversation with Captain b6, b7C
173
Notes of delegation member
on conversation with anonymous detainee.
b6
174
Notes of delegation member
on conversation with anonymous detainee.
175
PRJ Inmate Handbook, pp. 14-15.
176
PRJ Inmate Handbook, pp. 14-15.
177
Detention Operations Manual, Detainee Services, Standard 6, Section I.
178
Detention Operations Manual, Detainee Services, Standard 6, Section I.
179
Detention Operations Manual, Detainee Services, Standard 6, Section III.E.
180
Detention Operations Manual, Detainee Services, Standard 17, Section III.B.
181
Detention Operations Manual, Detainee Services, Standard 3, Section III.B.
182
Detention Operations Manual, Detainee Services, Standard 5, Section III.G.
183
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
184
Detention Operations Manual, Security and Control, Standard 5, Section III.A.5.
185
Detention Operations Manual, Detainee Services, Standard 15, Section III.B.3.
186
Detention Operations Manual, Detainee Services, Standard 6, Section III.H.
171

October 5, 2007
Page 15

does not include sections on detainees’ rights, such as the rights to protection from abuse and freedom
from discrimination, nor does it include information on a detainee’s right to submit written questions or
concerns to ICE staff. 187 While the Handbook is currently only available in English, PRJ staff indicated
that a Spanish-language version has been drafted and should be available to detainees within a few
months. 188 Additional areas where the Handbook does not meet the Standards are addressed in the
following sections of this report: Section III.A.1, Visitation by Attorneys; Section IV.A, Correspondence
and Other Mail; and Section IV.F, Detainee Classification System.
C.

Recreation

The Standards require that all detainees have access to recreational programs and activities, under
conditions of security and safety. 189 Detainees should be housed in facilities with outdoor recreation. 190
If a facility only provides indoor recreation, detainees must have access for at least one hour per day,
including exposure to natural light. 191 Detainees should have access to “fixed and movable equipment,”
including opportunities for cardiovascular exercise, and games and television in dayrooms. 192 Under no
circumstances will a facility require detainees to forego law library privileges for recreation privileges. 193
PRJ meets this Standard. PRJ has an open-air courtyard that is enclosed but exposed to natural light
above. 194 Detainees are provided access to the outdoor courtyard everyday for approximately one hour,
unless the weather does not permit access, such as in extreme heat. 195 There is a basketball court
available to detainees in the courtyard as well as soccer balls. 196 According to staff, there is no conflict
between outdoor recreation access and library access. 197
D.

Access to Medical Care

The Standards require that all detainees have access to medical services that promote detainee health
and general well-being. 198 Each facility is required to have regularly scheduled times, known as sick call,
when medical personnel are available to see detainees who have requested medical services. 199 For a
facility of over 200 detainees, there must be sick call five days per week. 200 Facilities must also have
procedures in place to provide emergency medical care for detainees who require it. 201 With respect to
emergency care, the Standards state that in a situation in which a detention officer is uncertain whether a
detainee requires emergency medical care, the officer should immediately contact a health care provider

187

PRJ Inmate Handbook.
b6
Notes of delegation member
on conversation with Captain b6, b7C
189
Detention Operations Manual, Detainee Services, Standard 13, Section I.
190
Detention Operations Manual, Detainee Services, Standard 13, Section III.A, which also provides that “all new or
renegotiated contracts and IGSAs will stipulate that INS detainees have access to an outdoor recreation area.”
191
Detention Operations Manual, Detainee Services, Standard 13, Section III.B.
192
Detention Operations Manual, Detainee Services, Standard 13, Section III.G.
193
Detention Operations Manual, Detainee Services, Standard 13, Section III.B.
194
Observations of delegation members.
195
b6
Notes of delegation member
, on conversation with Captain b6, b7C
196
Observations of delegation members.
197
b6
Notes of delegation member
, on conversation with Captain b6, b7C
198
Detention Operations Manual, Health Services, Standard 2, Section I.
199
Detention Operations Manual, Health Services, Standard 2, Section III.F.
200
Detention Operations Manual, Health Services, Standard 2, Section I.
201
Detention Operations Manual, Health Services, Standard 2, Section III.A, D, and G.
188

October 5, 2007
Page 16

or an on-duty supervisor. 202 If a detainee is diagnosed as having a medical or psychiatric condition
requiring special attention (e.g., special diet), the medical care provider is required to notify the Officer in
Charge in writing. 203
PRJ appears substantially to meet this section of the Standards, although several detainees
indicated that they did not receive access to medical care upon request, and in some cases, received
the incorrect medication. PRJ employs a Director of Nursing with a staff that includes a licensed nurse
practitioner. 204 In addition, an outside agency provides on-site medical care, which consists of one
medical doctor and two physician assistants. 205 This medical staff is on site twice per week, and is
accessible by pager. 206 A psychiatrist provides services every other Friday, and a counselor is available
twice per week. 207 All detainees at PRJ are screened for medical issues upon their initial processing,
which takes place on the day they arrive at the facility. 208 Each detainee is questioned regarding prior
health history, current health, medical history, suicide risk, mental health, drug and/or alcohol
dependence, TB, dental health, and STD/communicable diseases. 209 If flags are raised the individual is
referred to medical for attention. 210
Every unit at the facility contains a box and request forms for medical services. 211 The Director of
Nursing indicated that a detainee may request medical services by completing the form, and the medical
staff aims to meet those requests within twenty-four to forty-eight hours (and seventy-two hours at the
latest). 212 However, two detainees indicated that they had requested to see a doctor, and their requests
were denied without justification or further inquiry. 213 In addition, two other detainees indicated that they
received incorrect medications, or were denied medication. 214
E.

Access to Dental Care

The Standards require that detainees have an initial dental screening exam within fourteen days of the
detainee’s arrival, and require the facility to provide emergency dental treatment and repair of prosthetic
appliances. 215 For detainees who are held in detention for over six months, routine dental treatment may
be provided, including amalgam and composite restorations, prophylaxis, root canals, extractions, x-rays,
the repair and adjustment of prosthetic appliances and other procedures required to maintain the
detainee’s health. 216

202

Detention Operations Manual, Health Services, Standard 2, Section III.H.
Detention Operations Manual, Health Services, Standard 2, Section III.J.
204
b6
Notes of delegation member
on conversation with Director of Nursing
205
Notes of delegation member
on conversation with Director of Nursing
206
Notes of delegation member
on conversation with Director of Nursing
207
Notes of delegation member
on conversation with Director of Nursing
208
b6
Notes of delegation member
on conversation with Director of Nursing b6
209
Notes of delegation member
on conversation with Director of Nursing
210
Notes of delegation member
on conversation with Director of Nursing
211
Notes of delegation member
on conversation with Director of Nursing
212
Notes of delegation member
on conversation with Director of Nursing
213
b6
b6
Notes of delegation members
and
, on conversations with anonymous detainees.
214
b6
Notes of delegation member
, on conversation with anonymous detainees.
215
Detention Operations Manual, Health Services, Standard 2, Section III.E.
216
Detention Operations Manual, Health Services, Standard 2, Section III.E.
203

October 5, 2007
Page 17

PRJ meets this section of the Standards. The detainees receive the initial dental screening by PRJ
staff as suggested under the Standards. 217 In addition, a dentist is on site once per week to provide dental
care. 218
F.

Detainee Classification System

The Standards require that detention facilities use a classification system and physically separate
detainees into different categories. 219 Detainees must be assigned to the least restrictive housing unit
consistent with facility safety and security. 220 A detainee’s classification is to be determined on
“objective” criteria, including criminal offenses, escape attempts, institutional disciplinary history, violent
incidents, etc. 221 Opinions, unconfirmed and unverified information, and physical characteristics and
appearance are not to be taken into account. 222 Classification is required in order to separate detainees
with no or minimal criminal records from inmates with serious criminal records. 223 Detainees with a
history of assaultive or combative behavior are not to be housed with non-assaultive detainees. 224
All facility classification systems shall allow classification levels to be re-determined and include
procedures by which new arrivals can appeal their classification levels. 225 Finally, the detainee
handbook’s section on classification must include (1) an explanation of the classification levels, with the
conditions and restrictions applicable to each, and (2) the procedures by which a detainee may appeal his
classification. 226
PRJ does not fully meet this section of the Standards; the Handbook does not explain the
classification levels or the procedure for appealing a classification. In addition, some detainees
stated that nonviolent detainees are housed with violent criminals. All detainees and inmates are
classified when they first arrive at the facility. 227 The Handbook notes that the Classification Officer will
go over with a new detainee the classification levels and the “policies, procedures, programs, services and
custody status” associated with each, but there is no explanation in the Handbook itself of what each
classification level means. 228 Further, the Handbook does not explain the procedure for appealing a
classification, although it notes that detainees can submit a request for information to the Classification
Section for answers to questions about classification. 229
PRJ classifies all inmates as minimum, medium, or maximum security. 230 Immigration detainees are
classified based on security risk; most detainees are minimum security. 231 According to PRJ personnel,

217

Notes of delegation member
on conversation with Director of Nursing b6 .
b6
Notes of delegation member
on conversation with Director of Nursing
.
219
Detention Operations Manual, Detainee Services, Standard 4, Section I.
220
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
221
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
222
Detention Operations Manual, Detainee Services, Standard 4, Section III.D.
223
Detention Operations Manual, Detainee Services, Standard 4, Sections III.A & III.E.
224
Detention Operations Manual, Detainee Services, Standard 4, Section III.F.
225
Detention Operations Manual, Detainee Services, Standard 4, Sections III.G & H.
226
Detention Operations Manual, Detainee Services, Standard 4, Section III.I.
227
b6
PRJ Inmate Handbook, p. 10; notes of delegation member
on conversation with Captain
228
PRJ Inmate Handbook, p. 10
229
PRJ Inmate Handbook, p. 10.
230
Notes of delegation member
, on conversation with Captain b6, b7C .
b6
231
Notes of delegation member
, on conversation with Captain
.
218

b6, b7C

October 5, 2007
Page 18

PRJ does not house immigration detainees with U.S. citizen criminal inmates when possible. 232
Maximum security inmates are never mixed with minimum or medium security inmates. 233 While this
was confirmed by some detainees, others stated that inmates are not segregated by level of offense and
nonviolent detainees are forced to live with “convicted, violent offenders.” 234
G.

Detainee Grievance Procedures

The Standards require that every facility develop and implement standard procedures for handling
detainee grievances and encourage that the facility initially seek to resolve grievances informally before
having to engage in a more formalized procedure. 235 Translating assistance for both formal and informal
grievances must be provided upon request. 236 The Standards also require that each facility establish a
reasonable time limit for: (1) “processing, investigating, and responding to grievances;” (2) “convening a
grievance committee to review formal complaints;” and (3) “providing written responses to detainees who
filed formal grievances, including the basis for the decision.” 237 All grievances must receive supervisory
review, include guarantees against reprisal, and allow for appeals. 238
PRJ does not appear to meet this Standard in practice, even though the formal procedures for
processing grievances conform with this Standard. According to staff and detainees, detainees do
not always receive a grievance form upon request, which means it is impossible for ICE or PRJ to
track grievances accurately. The Handbook spells out the grievance process and indicates that even
informal grievances are written: inmates first must “attempt to solve the problem informally, by
submitting a written Inmate Request Form to the Housing Officer.” 239 The Housing Officer must then
either address the problem or forward it to a supervisor. 240 The Handbook provides that the form should
be returned within “a reasonable amount of time” with a written response, which the detainee should keep
to prove that s/he attempted to solve the problem informally. 241 If a detainee still wishes to pursue the
grievance, s/he then must request a grievance form from the Housing Officer. 242 The Handbook does not
provide notice of the availability of assistance in preparing a grievance. 243 The Handbook explains the
procedures for resolving a grievance and the levels of appeal. 244
According to PRJ personnel, if a detainee has a grievance, s/he must fill out a “grievance request
form,” explaining how s/he tried to work out the problem informally. 245 According to PRJ personnel,
detainees who request grievance forms almost always receive them. 246 If the request for a form is
granted, the detainee will receive a grievance form which s/he must fill out in three days. 247 Detainees
232

b6
Notes of delegation member
, on conversation with Captain b6, b7C .
b6
Notes of delegation member
on conversation with Captain b6, b7C
234
b6
b6
Notes of delegation members
and
, on conversations with anonymous detainees.
235
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.A.
236
Detention Operations Manual, Detainee Services, Standard 5, Sections III.A.1 & 2.
237
Detention Operations Manual, Detainee Services, Standard 5, Section I.
238
Detention Operations Manual, Detainee Services, Standard 5, Sections I & III.C & D.
239
PRJ Inmate Handbook, p. 46.
240
PRJ Inmate Handbook, p. 46.
241
PRJ Inmate Handbook, p. 46.
242
PRJ Inmate Handbook, p. 46.
243
PRJ Inmate Handbook, pp. 45-46.
244
PRJ Inmate Handbook, p. 46.
245
Notes of delegation member
on conversation with Captain
246
b6
Notes of delegation member
on conversation with Captain b6, b7C
247
Notes of delegation member
on conversation with Captain

233

October 5, 2007
Page 19

may appeal unfavorable outcomes to the deputy superintendent. 248 However, several detainees
complained about the grievance procedure, noting that requests for grievance forms are not always
granted. 249 One detainee had documentation that indicated that his requests had been forwarded to “S/C,”
but he said that he has never actually received a grievance form and has not been given a formal
opportunity to complain. 250
VI. CONCLUSION
Pamunkey Regional Jail fails to meet a number of Standards related to legal access and other
issues. Three reports are of particular concern: that a detainee was disciplined for requesting to return a
call to his attorney; that detainees do not always receive permission to file a grievance (confirmed by both
detainees and staff; and that detainees may not be declared indigent, even when they do not have any
money, because staff wants to discourage them from getting free mailing supplies. The additional
concerns that require attention are as follows.
To facilitate legal visitation, PRJ should clarify in the Handbook that attorneys may schedule visits on
weekends and holidays. PRJ should also adopt better procedures to ensure that phone messages from
attorneys reach detainees in a timely manner.
To facility visitation from family and friends, PRJ should allow friends and family to visit on weekends
and holidays. Visits longer than thirty minutes should be allowed, and the number of visits per week
should not be capped. Finally, detainees in disciplinary custody should be allowed visitors unless they
violate the visitation rules or threaten the security of the visitation room.
To provide adequate telephone access to detainees, PRJ should ensure that telephone rules and
operating instructions are clearly posted at all telephones in multiple languages, including English and
Spanish. PRJ should not cut off phone calls before twenty minutes have expired. PRJ should take steps
to ensure that there is a way for detainees to make private calls for legal matters, and these calls should
not be recorded or monitored by the facility in any matter whatsoever absent a court order. PRJ should
permit free calls to consulates. Finally, a posting near detainee telephones should provide a list of all
consulates, as well as relevant courts, immigration offices, and all free legal service provides.
To facilitate detainee correspondence, PRJ should ensure that legal mail is not opened outside the
presence of the detainee. PRJ should also facilitate the sending of legal correspondence by detainees.
To allow detainees to be fully informed of all procedures, the Handbook should include information on
detainees’ rights and the procedures for submitting questions and concerns to ICE. The Handbook should
also include explanation of the classification process and the meaning of each level of classification. An
explanation of how to label out-going legal correspondence should be added to the Handbook. The
Spanish version of the Handbook should be made available as soon as possible.
To facilitate adequate medical care for detainees, PRJ should ensure that detainees are able to see a
medical provider upon request, and that all denials are fully explained to the detainee. Further, PRJ
should take steps to prevent giving the incorrect medication to detainees.

248

Notes of delegation member
Notes of delegation member
250
Notes of delegation member
249

b6
b6

, on conversation with Captain b6, b7C
, on conversation with anonymous detainees.
on conversation with anonymous detainee.

October 5, 2007
Page 20

LATHAM &WATK I N SlLP
To support detainees’ ability to file grievances, PRJ should take steps to ensure that the actual
procedures follow the procedures outlined in the Handbook. While informal resolution of problems can
be encouraged, all detainees who request a formal grievance form should receive one.

DC\1020234.4

b6

b6

b6

b6

b6

b6

Facility Name: PAMUNKEY REGIONAL JAIL, Ashland, VA
Date of Tour: August 1, 2007
Tour Participants: Latham & Watkins attorneys and summer associates
,
,
,
, and
*Standards are Detainee Services Standards unless otherwise indicated. Standards excerpts are typed verbatim. Issues are generally listed in their order from the Report.
Report comments in bold are priority issues for ICE-ABA discussion.
Pamunkey Regional Jail has a number of problems with Standards related to legal access and other issues.
Delegation Report

Source

Standard 17, Visitation
 I. To maintain detainee morale and family
relationships, [ICE] encourages visits from family and
friends.
 III.H.1. Visits shall be permitted during set hours on
Saturdays, Sundays, and holidays…. The facility’s
written rules shall specify time limits for visits: 30
minutes minimum, under normal conditions.
 III.H.5. A detainee shall ordinarily retain visiting
privileges while in administrative or disciplinary
segregation status.… The facility may restrict or
disallow general visits for a detainee in segregation
status who violates the visiting guidelines or whose
behavior indicates that he/she threatens the order or
security of the visiting room.



Officer
and Captain

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C



The facility’s schedule does not allow for
visitation by family and friends on weekends and
holidays. (p.5 ¶1)
Detainees in disciplinary custody do not have
visitation privileges from family and friends. (p.5
¶2)

ICE Response
b6, b7C

1.

ICE Standard*

5/29/08

1

2.

The Handbook states “No visits are scheduled on
Saturdays, Sundays or legal holidays”; no
exception is specified for attorney visits. (p.3 ¶5)

Inmate
Handbook.



All telephone calls are automatically
disconnected after fifteen minutes. (p.7 ¶1)
One detainee reported that he was prevented
from returning a call from his attorney by the
guard assigned to his housing unit. The detainee
also reported that when he asked to be allowed to
return the call a second time, he was placed in
disciplinary segregation. (p.7 ¶1)

Officers
and



b6, b7C

1



b6, b7C

3.

Standard 17, Visitation
 III.B. Notification. The facility shall provide written
notification of visitation rules and hours in the
detainee handbook …. The facility shall also post these
rules and hours where detainees can easily see them.
 III.I.2. Hours. The facility shall permit legal visitation
seven days a week, including holidays.
Standard 16, Telephone Access
 I. Facilities holding [ICE] detainees shall permit them
to have reasonable and equitable access to telephones.
 III.A. The facility shall provide detainees with
reasonable access to telephones during established
facility waking hours ….
 III.B. [T]he facility shall provide telephone access rules
in writing to each detainee upon admittance, and also
shall post these rules where detainees may easily see
them.
 III.F. The facility shall not restrict the number of calls
a detainee places to his/her legal representative, nor
limit the duration of such calls by rule or automatic
cut-off, unless necessary for security purposes or to
maintain orderly and fair access to telephones. If time
limits are necessary for such calls, they shall be no
shorter than 20 minutes, and the detainee shall be
allowed to continue the call if desired, at the first
available opportunity. The facility may place
reasonable restrictions on the hours, frequency and
duration of the other direct and/or free calls listed
above [i.e., “other” than calls to detainee’s legal
representatives].

Anonymous
detainee. 1

Several of the detainees asked to remain anonymous for this report, so the delegation has withheld identifying information for all of the detainees in order to protect the
anonymity of those who requested it.

ABA Commission on Immigration - Detention Standards Implementation Initiative

5/29/08

2

4.



ABA Commission on Immigration - Detention Standards Implementation Initiative

Officers
and

Officers
and

.

b6, b7C



Delegation
observations.

Anonymous
detainee; attorney
of another
anonymous
detainee.

b6, b7C



Detainees are unable to make private telephone
calls, because the phones where detainees make
outgoing calls are all located in the public areas
of the housing units with no privacy safeguards.
(p.7 ¶1)
PRJ staff stated that all telephone calls are
monitored, and that a confidential call may be
arranged, but only at the request of an attorney
or other outside party. (p.7 ¶1)
Detainees in administrative segregation or
protective custody are not afforded the same
opportunities to place telephone calls as
detainees/inmates in the general population.
Instead, they are permitted one hour of free time
per day, during which they may access the
telephones to contact their attorney only. (p.8 ¶3)

Officers
and

b6, b7C



Delegation
observations;
anonymous
detainee.

b6, b7C

7.

Standard 16, Telephone Access
 III.I. The facility shall take and deliver telephone
messages to detainees as promptly as possible. When
facility staff receives an emergency telephone call for a
detainee, the caller’s name and telephone number will
be obtained and given to the detainee as soon as
possible.
Standard 16, Telephone Access
 III.J. The facility shall ensure privacy for detainees’
telephone calls regarding legal matters. For this
purpose, the facility shall provide a reasonable number
of telephones on which detainees can make such calls
without being overheard by officers, other staff or
other detainees. Facility staff shall not electronically
monitor detainee telephone calls on their legal matters,
absent a court order.
Standard 16, Telephone Access
 III.G. Staff shall permit detainees in Special
Management Unit for other than disciplinary
reasons…to have telephone access similar to detainees
in the general population ….



A detailed list of consulate numbers was not
posted; and one detainee noted that the only
reason he was able to reach his embassy was
because he had memorized the number that was
posted at another facility where he was
previously held. (p.6 ¶3)
Detainees are unable to call their consulates or
courts free of charge. PRJ staff explained that a
telephone calling card had been provided by ICE
specifically for calls to consular and court offices,
but that the card had never worked properly and
had been returned to ICE. (p.6 ¶3)
One detainee indicated that he has never
received messages left for him by his attorney.
Another detainee’s attorney noted that she was
not able to reach her client by phone, and her
ability to communicate with her client led the
detainee to miss court dates. (p.8 ¶1)

b6, b7C

6.



b6, b7C

5.

Standard 16, Telephone Access
 III.E. [T]he facility shall permit the detainee to make
direct calls: … 3. to consular officials …. The facility
shall not require indigent detainees to pay for [legal,
court-related, consular, emergency calls] if they are
local calls, nor for non-local calls if there is a
compelling need. The facility shall enable all detainees
to make calls to the [ICE]-provided list of free legal
service providers and consulates at no charge to the
detainee or the receiving party.

.

5/29/08

3





Apparently detainees may have to wait before
being declared indigent, and may not be declared
indigent even if they have no money. A detainee
must carry a zero balance on his/her commissary
account for a certain period of time before being
classified as indigent. However, PRJ staff
indicated that a detainee or inmate is not
automatically classified as indigent when s/he has
a zero balance, because detainees would then
have the incentive to deplete their commissary
accounts and rely on the facility for free stamped
envelopes and other materials. (p.11 ¶2)

Officers
and

ABA Commission on Immigration - Detention Standards Implementation Initiative

Anonymous
detainee;
anonymous
detainee.

Officers
and

b6, b7C



Delegation
observations.

b6, b7C

Standard 1, Access to Legal Material
 III.G. The facility shall…permit all detainees,
regardless of housing or classification, to use the law
library on a regular basis. Each detainee shall be
permitted to use the law library for a minimum of five
(5) hours per week. Detainees may not be forced to
forgo their minimal recreation time, as provided in
“Detainee Recreation,” standard to use the law
library.
 III.M. Detainees housed in … Segregation units shall
have the same law library access as the general
population, unless compelling security concerns
require limitations.
10. Standard 1, Access to Legal Material
 III.J. The facility shall ensure that detainees can
obtain copies of legal material ….
 III.N. The facility will provide indigent detainees with
free envelopes and stamps for mail related to a legal
matter ….

9.

The law library does not contain several
materials from Attachment A: Human Rights
Watch – World Report, Considerations for
Asylum Officers Adjudicating Asylum Claims
from Women, Lawyer’s Committee Handbook
on Representing Asylum Applicants, or Legal
Research & Writing: Some Starting Points. (p.10
¶3)
One detainee stated that detainees are only
allowed to access the law library for one hour
per week, and that access is on a first-come, firstserved basis. Another detainee noted that it is
usually hard to get permission to go to the
library, and once there it is difficult to get
enough work done in the one-hour time limit.
(p.9 ¶1)
Detainees in protective custody may request and
have access to the law library, but detainees
placed in disciplinary segregation may not do so.
(p.9 ¶1)

b6, b7C



b6, b7C

Standard 1, Access to Legal Material
 III.C. The law library shall contain the materials listed
in Attachment A. … The facility shall post a list of its
holdings in the law library.

8.

5/29/08

4

b6, b7C



No informational posters are displayed in the
housing units in advance of legal rights
presentations. (p.12 ¶5)

Officer



The Handbook does not include a definition of
special correspondence, nor information about how
to label outgoing legal mail. (p.14 ¶1)

Inmate Handbook.



Anonymous
detainee; Captain

14. Standard 6, Detainee Handbook
 I. Every OIC will develop a site-specific detainee
handbook to serve as an overview of … the detention
policies, rules, and procedures in effect at the facility.
 III.E. The handbook will be written in English and
translated into Spanish and, if appropriate, into the next
most-prevalent language(s) among the facility’s detainees.



One detainee stated that he has received mail from
his attorney that was opened outside his presence
before it was delivered to him. However, PRJ
personnel stated that all incoming mail is opened in
the presence of the detainee, and that no outgoing
mail is opened or read. (p.13 ¶4)
The Handbook is currently only available in
English, although PRJ staff indicated that a Spanishlanguage version has been drafted and should be
available to detainees within a few months. (p.14
¶3)

Inmate Handbook;
Captain
.
b6, b7C

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

11. Standard 9, Group Presentations on Legal Rights
 III.C. At least 48 hours before a scheduled presentation,
informational posters … shall be prominently displayed in
housing units, and each housing unit control officer will
hold a sign-up sheet. … Presentations are open to all
detainees … except when a particular detainee’s
attendance would pose a security risk. … The OIC may
limit the number of detainees at a single session.
 III.I. Videotaped presentations. The facility shall play
[ICE]-approved videotaped presentations on legal rights,
at the request of outside organizations. … The facility
shall provide regular opportunities for detainees in the
general population to view the videotape.
12. Standard 3, Correspondence and Other Mail
 III.B. The facility shall notify detainees of its policy in
correspondence and other mail through the detainee
handbook or equivalent … [and] shall specify: 1. That a
detainee may receive mail, … and instructions on how
envelopes should be addressed; … 5. The definition of
special correspondence, including instructions on the
proper labeling for special correspondence, without which
it will not be treated as special mail.…
13. Standard 3, Correspondence and Other Mail
 III.E. Inspection of Incoming Correspondence and Other
Mail. Any such inspection [of incoming special mail]
shall be in the presence of the detainee. Staff shall neither
read nor copy special correspondence.

5/29/08

5

15. [Detainee Handbook, continued]
Standard 6, Detainee Handbook
 III.D. The handbook will list detainee rights and
responsibilities.
Security and Control Standard 5, Disciplinary Policy
 III.A.5. Among other things, the handbook shall advise
detainees of the following: a. the right to protection from
personal abuse, corporal punishment, unnecessary or
excessive use of force, personal injury, disease, property
damage, and harassment; b. the right of freedom from
discrimination based on race, religion, national origin,
sex, handicap, or political beliefs; c. the right to pursue a
grievance in accordance with written procedures; … e.
The right to due process ….
16. Health Services Standard 2, Medical Care
 I. All detainees shall have access to medical services that
promote detainee health and general well-being.
 III.A. Every facility will provide its detainee population
with initial medical screening, cost-effective primary
medical care, and emergency care.
 III.F. Each facility will have a mechanism that allows
detainees the opportunity to request health care services
provided by a physician or other qualified medical
officers in a clinical setting. All facilities must have a
procedure in place to ensure that all request slips are
received by the medical facility in a timely manner….
17. Standard 4, Detainee Classification System
 III.E.1. Level 1 Classification. May not be housed with
Level 3 Detainees.
 III.E.2. Level 2 Classification. May not include any
detainee with a pattern or history of violent assaults,
whether convicted or not.
 III.F. The classification system shall assign detainees to
the least restrictive housing unit consistent with facility
safety and security. … 2. Levels one and two may be
mixed, and high level twos and level threes may be
mixed, when a facility is at or above full capacity. 3.
Under no circumstances will a level two detainee with a
history of assaultive or combative behavior be placed in a
level one housing unit.



The Handbook does not include sections on
detainees’ rights, such as the rights to protection
from abuse and freedom from discrimination, nor
does it include information on a detainee’s right to
submit written questions or concerns to ICE staff.
(p.14 ¶3) Additional areas where the Handbook
does not meet the Standards are addressed
elsewhere in this chart.

Inmate Handbook.



Two detainees indicated that they had requested to
see a doctor, and their requests were denied without
justification or further inquiry. In addition, two
other detainees indicated that they received
incorrect medications, or were denied medication.
(p.16 ¶2)

Anonymous
detainees.



Some detainees stated that inmates are not
segregated by level of offense and nonviolent
detainees are forced to live with “convicted, violent
offenders.” However, other detainees said
maximum security inmates are not mixed with
lower classifications. (p.17 ¶4)

Anonymous
detainees.

ABA Commission on Immigration - Detention Standards Implementation Initiative

5/29/08

6



There is no explanation in the Handbook of what
each classification level means. Further, the
Handbook does not explain the procedure for
appealing a classification. (p.17 ¶3)

Inmate Handbook.



Captain
anonymous
detainees.

20. Security and Control Standard 5, Disciplinary Policy
 III.A.2. Disciplinary action may not be capricious or
retaliatory.
 III.A.3. Staff may not impose or allow imposition of the
following sanctions: corporal punishment; deviations from
normal food services; deprivation of clothing, bedding, or
items of personal hygiene; deprivation of correspondence
privileges; or deprivation of physical exercise unless such
activity creates an unsafe condition.



According to PRJ personnel, detainees who
request grievance forms almost always receive
them. Several detainees stated that requests for
grievance forms are not always granted. One
detainee had documentation that indicated that
his requests has been forwarded to “S/C,” but he
said that he has never actually received a
grievance form and has not been given a formal
opportunity to complain. (p.18 ¶3)
One detainee reported that he was prevented from
returning a call from his attorney by the guard
assigned to his housing unit. The detainee also
reported that when he asked to be allowed to return
the call a second time, he was placed in disciplinary
segregation. (p.7 ¶1)

ABA Commission on Immigration - Detention Standards Implementation Initiative

b6, b7C

18. Standard 4, Detainee Classification System
 III.I. The detainee handbook’s section on classification
will include the following: 1. An explanation of the
classification levels with the conditions and restrictions
applicable to each. 2. The procedures by which a detainee
may appeal his/her classification.
19. Standard 5, Detainee Grievance Procedures
 III.A.2. Formal/Written Grievance. The OIC must
allow the detainee to submit a formal, written
grievance to the facility’s grievance committee.

Anonymous
detainee.

5/29/08

7

b6, b7C

I
March 1, 2007

PAMUNKEY REGIONAL JAIL
INMATE HANDBOOK
TABLE OF CONTENTS
4
5
6

INTRODUCTION STATEMENT
DIRECTORY
MISCELLANEOUS
SECTION - 01 PROPERTY & FUNDS
Inmate property
Inmate funds
Jail issue

7-8
8
9

SECTION - 02 CLASSIFICATION
Classification/orientation
Sentence computation

10
10

SECTION - 03 MEDICAL
Sick call
Pill call
Health examinations
Self Medication Program

10-11
12
12
12-13

SECTION - 04 COMMUNICATIONS
Telephones
Mail
Visitation
Staff/inmate communications (inmate requests)

13-14
14-15
15-16
16

SECTION - 05 PROGRAMS & SERVICES
Food services
Laundry service
Hair Care services
Library
Religious services
Commissary
Recreation
Programs
Taxi Service
Work ReleaselWork Force

17-18
18
18
18-19
19
19-20
20-21
21
21
21

2

SECTION - 06 SECURITY/SAFETY
Lockdown/lockbacklheadcount
Searches
Inmate movements
Emergency procedures

22
22
23
23-24

SECTION - 07 SANITATION
Personal hygiene
Razor Exchange
Cells & living areas

24
24
25

SECTION - 08 INMATE RULES & CONDUCT
Introduction
Definitions
Rule violations and sanctions

26
26-27
27-35

SECTION - 09 DISCIPLINARY PROCEDURES
General Procedures
Rule Violation Reporting Procedures
Division Commanders Responsibilities
Inmate Handbook
Resolution of Rule Infractions
Criminal Violations
Pre-hearing Action/Investigations
Pre-hearing Detention and Due Process Requirements
Pre-hearing Action
Right to be Present at Hearing
Disciplinary Hearing Procedures
Appeals Procedure

35-36
36
36-37
37
37-38
38
38
38-39
39
39
39-43
43-45

SECTION -10 INMATE GRIEVANCE PROCEDURE
Purpose
Procedure
Appeals Process

45-46
46
46

3

E

TO: I

JAIL
eglJlaltionls that guide your behavior
"~iinn incarcerated can
a

unnerving situation.
facility with information that will as,;ist
and
facility

followed to ensure
the staff that supervise
It is important

the materianl'riOn,cel:iuhreaI5n,dbook, as x;,~~~~~~3;;~~~'
conducting yourself within the policies, 1-"
n

with

in
established nrrlnr.<'Im,<:; and complies
handbook,
who
eQIJlaltlonlS will assure their release in the "h,nrt,,,,,t time possible.
in this handbook is by no means all
a
or
not
publication within the
mean it
material in this handbook, feel
to ask the
questions in
clarification and/or counsel.

Sincerely,

b6, b7C

b6, b7C

4

DIRECTORY
CAROLINE:
Clerk of Court
15th Judicial District
Caroline Juvenile & Domestic Relations Court
P.O. Box 462, Bowling Green, VA 22427
Clerk of Court
15th Judicial District
Caroline General District Court
P.O. Box 511, Bowling Green, VA 22427
Clerk of Court
15th Judicial District
Caroline Circuit Court
P.O. Box 309, Bowling Green, VA 22427
Caroline Commonwealth's Attorney
P.O. Box 432, Bowling Green, VA 22427
HANOVER:
Clerk of Court
15th Judicial District
Hanover Juvenile & Domestic Relations Court
P.O. Box 86, Hanover, VA 23069
Clerk of Court
15th Judicial District
Hanover General District Court
P.O. Box 176, Hanover, VA 23069
Clerk of Court
15th Judicial District
Hanover Circuit Court
P.O. Box 39, Hanover, VA 23069
Hanover Commonwealth's Attorney
P.O. Box 470, Hanover, VA 23069
5

MISCELLANEOUS

Commonwealth of Virginia
Board of Corrections
P.O. Box 26963
Richmond, VA 23261
Commonwealth of Virginia
Department of Corrections
Parole Release Unit
P.O. Box 26963
Richmond, VA 23261
Commonwealth of Virginia
Board of Corrections
Court & Legal Unit
P.O. Box 26963
Richmond, VA 23261
Bureau of Immigration and Customs Enforcement
4420 N. Fairfax Drive
Arlington, Virginia 22203
United States Marshal's Office
1000 E. Main Street
Richmond, Virginia 23219

6

SECTION - 01 PROPERTY & FUNDS
1. INMATE PROPERTY

A. Within the first twenty-four (24) hours, all property will be taken and stored under the
inmate's name and booking number. Inmates will only be allowed to retain the following
items in their possession:
1)
2)
3)
4)

Legal papers/phone numbers
Soft cover religious books
Acceptable footwear
Underwear, white socks, bras without wires and plain white tee shirts.

B. Acceptance of inmate property will be limited to: One set of clothing for inmates scheduled
for circuit court, if the court requests it. This clothing will be accepted 24 hours prior to the
scheduled court date. Items will only be accepted on a one for one exchange (one new pair
of pants in, existing pair out, etc.) Monday - Friday, 8:00 a.m. - 4:00 p.m. No other items
will be accepted into the PRJ facility. Inmates may purchase necessary items on the PRJ
commissary.
1.

During the intake process, the Booking Officer will have all newly committed
inmates read, sign and date a "Notification of Disposal of Property/Commissary
Form".

2.

The Booking Officer will provide a copy of this notification to the inmate, the
commissary officer and a copy will be filed in the inmates' classification file.

3.

U.S. Marshal and BICE inmates will follow the same procedure. No bulk property
will be accepted at the time of arrival. Any property accumulated, other than legal
material, while at the facility, will be destroyed upon his/her release.

Procedure
A.

Bulk Property
• Inmates will be notified, at the time of intake, if they are in possession of bulk
property
• Any inmate received at the Pamunkey Regional Jail, who has an excessive
amount of property will be given 20 days from the date of his/her initial
classification to have all excessive property returned to an outside individual.
• Upon expiration of the twenty (20) day period, all bulk property will be destroyed.
• The inmate will be provided the opportunity to send his property/commissary to an
outside party at the inmate's expense. It will be the responsibility of the inmate to
provide the Booking Officer with the name and address of the individual that is to
receive his/her property. The Booking Officer will forward this information to the

7

appropriate personnel. (Le. Commissary, Property etc.) Pamunkey Regional Jail
will not be held responsible for any property lost or damaged in the mail.
Pamunkey Regional Jail will not be responsible for bulk property held after
the twenty (20) day time period.
B. Any inmate wishing to release their personal property to someone outside the jail
must complete and sign a Property Release Form (this includes court clothing
exchanges). These forms are available from your Housing Unit Officer and must be
tumed in at least twenty-four (24) hours in advance. Under no circumstances will
property be released or transferred to another inmate within the facility. Items will
only be released Monday - Friday, 8:00 a.m. - 4:00 p.m. Property will only be
released upon presentation of a photo identification by the person accepting
the property.
C. Inmate property in the cell or dorm is limited to that which will fit in the issued
storage boxes. If an inmate has too much property to fit in the storage box, it is the
inmate's responsibility to have it destroyed or mailed out at the inmate's expense.
Excess property found during a search will be confiscated and destroyed. (Footwear
can be stored in the cell under the writing station when not being worn). Absolutely
no property can be transferred between inmates, including commissary items, and to
do so may result in disciplinary action.

2. INMATE FUNDS

A. At the time of dress in, all cash, coins, money orders and institutional checks will be placed
into an account under the inmate's name for purchase of commissary items or paying debts.
Personal checks and paychecks will be placed in the inmate's property. Inmates will be
given a receipt for all money that is placed into their account.
B. Inmates may receive money orders (no cash or checks) through the mail. PRJ will not be
held responsible for cash sent through the mail. Money orders may also be placed in a drop
box located in the lobby prior to a visit. The money order must have the inmate's name, date
of birth and social security number on it. A receipt will be issued once it is processed.
C. Inmates wanting to release funds to an outside source must complete a Release of Funds
Form, indicating the amount and to whom the check is payable. The request, along with a
stamped, addressed envelope must be forwarded through your Housing Officer. The
Commissary Officer will forward the inmate a copy of the transaction once it is completed.
Inmates cannot transfer or release funds to other inmates.
D. Upon an inmate's release, their account will be reviewed. Any debts owed to PRJ will be
subtracted and an institutional check will be made for the balance.
E. If any inmate has an issue with account balances conceming commissary or medical, a
request for an account balance must be submitted to commissary. A fee of $3.00 will be
deducted from the requestors account.

8

3. JAIL ISSUE
A. All intakes that have not been released within twenty-four (24) hours will be showered and
given a jail issued clothing and linen set prior to moving to a housing unit for classification.
Jail issue consists of 2 shirts, 2 pants, 1 pair sandals, 2 sheets, 1 blanket, 1 towel, 1
washcloth, 1 laundry bag, 3 storage boxes and 1 hygiene pack. Note: Inmate workers will
receive additional uniform items specific to their job function. An 10 wristband will be
issued during classification orientation, which is to be worn at all times.
B. Inmates will sign for and be held accountable for all jail issue items. The cost of any
missing or damaged items will be deducted from the inmate's account. Inmates who are
released with a negative balance may be subject to a collection agency, or if incarcerated
again, the Pamunkey Regional Jail will deduct the money then. The following is a list of
prices for PRJ issued items. These prices are not absolute and are subject to change:
Shirt

$5.20-$15.44'

Sheets

$4.30 ea.

Pants

$7.44-$17.42

Blanket

$11.75

Jumpsuit-Solid

$14.46-$25.53'

Jumpsuit-Striped

$16.38-$19.50'

Sandals

$ 2.85

Towel

$1.60

Laundry bag

$ 3.20

Washcloth

$ 0.35

Tote Box

$19.12

Mesh Storage Bag $13.10

Tote Lid

$ 8.05

Work Jacket

$24.75

Mattress

$75.00

Work Boots

$19.95

Medical Mattress

$215.50

'All clothing items are priced according to size.

c.

Inmate 10 wristband if destroyed will cost $10.00 to replace, and all privileges will be
suspended until replaced.

O. Inmate Handbooks will be issued to each individual at the time of classification. Handbooks
are to be returned upon release from the facility. If a handbook is lost, destroyed, altered or
otherwise vandalized, a fee of $8.00 will be charged prior to your release.
E. Inmates are responsible for their personal and jail issued property.

9

SECTION - 02 CLASSIFICATION
1. CLASSIFICATION
A. All inmates who will be housed in the jail will be interviewed and classified to determine the
type of management and housing that will best protect the individual and preserve the
security of the facility. An inmate may be reclassified at any time during their incarceration.

B. During the interview process, the Classification Officer will go over the Inmate Handbook and
inform inmates of policies, procedures, programs, services and custody status (Minimum,
Medium, Maximum, Inmate Worker, Work-release, etc.). If, while incarcerated, you have
questions about altemative programs or your custody status, submit a request for
information to the Classification Section.
C. Classification and Records will compile and maintain all records conceming your sentencing
status and institutional adjustment (behavior while incarcerated). These records are
available to the courts, parole boards, Department of Corrections, INS and U.S. Marshals.
The information from these records may have bearing on the length of sentence imposed
by the court, the DOC custody level assigned or future parole board decisions.
2. SENTENCE COMPUTATION
A. The Records Section is responsible for determining the release dates for inmates serving
twelve (12) months or less. Your time computation may be influenced by inmate worker
status, disciplinary actions and other reports.
B. The Department of Corrections is responsible for calculating release dates and/or parole
eligibility dates for inmates serving sentences greater than twelve (12) months. If you
require information on your status under this sentencing, you must contact the
Department of Corrections (see directory for address). Classification and Records in the
jail does not provide this information.

C. Classification and Records is responsible for sending any jail time credit, along with other
court papers to the Department of Corrections when an inmate is considered to be state
eligible or when the inmate is transferred to a state institution.

SECTION - 03 MEDICAL
The Pamunkey Regional Jail shall provide all of its inmates with equal access to health care
services. Health care services will be provided by qualified health care professionals and
directed by the facility health authority, in compliance with informed consent standards. If you
are injured or become ill, notify a staff member immediately.
1. SICK CALL
A. Sick call slips (Medical Appointment Forms) are located in front of the medical sick call box
in each housing unit. It is important that you take the pink copy before placing the form in
the box. This is your receipt of your request. If you don't take the pink copy, there will be no

10

proof that you filled one out. A medical department staff member will pick up the slips once a
day. It may take up to 72 hours for you to receive a response if your request is not sick call
related.
B. The Housing Officer will notify inmates when they are authorized to leave the unit and report
for sick call. All disciplinary custody inmates and female inmates require a staff escort upon
leaving the unit. Inmates must report immediately to medical or face disciplinary action.
Upon entering the Medical Department have a seat in the waiting room. All
conversations must be kept quiet or you may be asked to leave the medical
department.
C. Inmates are required to make a co-payment for some medical services. Other services are
provided free of charge. The cost of medical services will be deducted from your account.
D. Medical services that require a co-payment and the amount of the payments are as follows:
Sick Call- $10.00, Doctor's Visit - $10.00, Dentist's Visit - $10.00, Prescription Handling Fee
- $5.00 and Hospital Visit - $13.50. The nurse conducting sick call can only refer an inmate
to a doctor or dentist. Prices are subject to change. Notification of any price changes will be
provided to you.
E. In the event the Dentist cannot provide a service, he may recommend treatment from an
outside source. There is a $40.00 co-pay before the appointment can be made.
F. If eye glasses are needed, there is a charge of $150.00 before your appointment can be
made.
G. The medical staff determines non-emergency treatment. The cost of the services and
medications will be deducted from your account. Pre-Existing conditions are not covered by
the jail. Inmates are required to pay for all services concerning pre-existing conditions.
H. Medical services that are provided free include: admitting physical screening, admitting
dental screening, mental health screening and medical emergencies as determined by the
medical staff.

I. The medical staff determines non-emergency treatment. Over the counter medications are
priced at the commissary price. The cost of the services and medications will be deducted
from your account.
J. Medical care will not be withheld from inmates who do not have enough money in
their account. However, their account will go to a negative balance, and if money is later
received in to the account, the payments owed will be deducted automatically.

K. Any inmate found responsible for injury to himself or herself or another inmate will be held
responsible for the cost of the medical care involved in accordance with Code of Virginia
53.1-133.01 :1.
L. Sleeping difficulty is common in the jail. It is rarely caused by medical, dental, or mental
health problems. It is usually resolved by moderate exercise and not sleeping during the
day. If you have a more serious problem, we will address it.

11

2. PILL CALL
Pill call will be conducted by medical staff or a trained staff member as necessary. Inmates
scheduled to receive medications must be wearing their assigned wristband for identification
purposes to receive medications.
3. HEALTH EXAMINATION
A. Within fourteen (14) days of incarceration, each inmate will be given a complete health
examination including but not limited to: a medical history, substance abuse history, dental
exam, mental health exam, T.B. test and other lab work. This is performed free of charge to
the inmate and is for the benefit of the inmate and jail population. Inmates should inform
medical of any past or present medical/mental health problems or concerns at this
time.
B. Any inmate placed in disciplinary custody will be examined by a medical professional every
fifteen (15) days.
C. In accordance with section 19.2 - 270.5 and 19.2 - 310.2 of the Code of Virginia, inmates
convicted of a felony, and misdemeanors (if ordered by the court), must submit to DNA
analysis prior to their release. Anyone violating this law or court order by refusing to give a
blood sample can be criminally charged. Refusing to submit to DNA analysis can also
result in loss of any accumulated good time. If you have any questions regarding the legality
of the procedures, it is your responsibility to contact your attorney prior to the blood test.
4. SELF ·ADMINISTERED MEDICATION PROGRAM (KOP)
1.

The Medical staff will supply inmates with self-administered medications
after being seen by the facility Physician.

2.

Approved inmates will be given medication with a permission slip indicating
the inmate's name, prescribed medication, start date and end date for the
medication and the time medication should be taken. When the medication
has expired or the end date on the permission slip has expired, it is the
inmate's responsibility to return any unused portion of medication to
medical for disposal. Failure to do so could result in disciplinary
action under 1·10 of the Disciplinary System.

3.

Indigent inmates will be given a supply of medications by medical staff
according to protocol. Indigent inmates will only be given enough medicine
for the course of the illness (ex. 3-5 days).

4.

After seeing the physician or medical staff, non-indigent inmates will be
given permission to purchase medicines from commissary, at their own
expense

5.

Medical personnel will authorize permission to carry/possess medicines
only.

12

6.

Narcotics, psychotropic and/or mind altering medication will not be
included in the Self-Administered Medication Program. Prescriptions
for psychotropic medications shall be coordinated between the
physician and the appropriate mental health personnel.

7.

Medical Personnel shall maintain a listing of all inmates in possession of
medications. The list shall include the inmate's name, prescription, start and
end date and dosage amount and time.

8.

A.

Medicines along with permission slips will be confiscated if it is
determined the inmate is not following the directions for
administering the medication as prescribed by the physician or
medical staff.

B.

Officers shall conduct searches when an inmate is believed to be in
violation of this program, or when these items are reported lost or
stolen. Inmates may be charged with a disciplinary rule violation for
misuse of medication (disobeying a direct order).

C.

Inmates found to be in possession of another inmate's medicines will
also be charged with the appropriate rule infraction.

D.

The inmate is responsible for requesting renewal of medication. The
existing pill card needs to be brought to the sick call for review and
possible re-order by the medical staff.

Inmates in disciplinary status who abuse self-medication guidelines
shall be restricted from future participation in the Self-Administered
Medication Program.

SECTION - 04 COMMUNICATIONS
1. TELEPHONES
A. There are telephones located in all housing areas for inmate use. All calls are collect and
subject to being monitored and/or recorded. Calls are limited to fifteen (15) minutes in
order to allow all inmates the opportunity to use the phone. Respect those inmates using the
phone and stay at least one (1) arm length away. Any abuse or misuse of the phone
system may result in disciplinary action and restriction of use.
B. Inmates will not receive calls, incoming messages, or transfers on this system. Only those
messages verified as an emergency will be delivered to inmates. If an inmate determines
they need to make an emergency phone call, they will verbally inform the Housing Officer.
The Shift Supervisor will have the information verified and a Supervisor will approve or
disapprove the request for an emergency call.

13

C. All attorneys, parole officer or other legal calls will be made frorn the housing unit inmate
phones. If someone you wish to call does not accept collect calls or has a block on
the line, then you will have to correspond through the mail.
D. Inmate phones will generally be on from 9:00 a.m. until 30 minutes before evening lockdown.
The inmate phones will be off during meal times, headcounts, lockdowns, lockbacks,
emergencies and any time deemed necessary by the Superintendent or designee.
E. Inmates who are admitted to the hospital will not be permitted to receive phone calls unless
permission to do so has been granted by the Captain of Security.

2. MAIL

A. Inmates are encouraged to maintain contact with their friends and family, which will aid in
their reintegration into society. There is no limit on outgoing mail; however, outgoing mail will
be marked with "Pamunkey Regional Jail Inmate". Mail will be gathered by the Housing
Officer who will forward it to the shift briefing room where it will be picked up by the mail
officer to be processed and mailed at the post office. Inmates who are indigent (do not have
money) will receive postage and stationary sufficient to send five (5) letters per week if
approved to receive an indigent pack. When sending a letter, ensure you include the
following return information: Inmate's name, Pamunkey Regional Jail, P.O. Box 485,
Hanover, VA 23069. The inmate housing assignment should be included, if known.
B. Mail is processed into and out of the jail Monday - Friday, provided that the U.S. Mail is
operating, excluding Holidays. The mail officer will open and search incoming inmate mail
for contraband and all outgoing mail will be screened for contraband. All outgoing mail must
include the inmate's name and return address. Failure to provide this information may result
in the outgoing mail not being processed. Legal mail will be logged in and delivered by the
mail officer. The mail officer will open and search legal mail in the inmate's presence. The
inmate will then sign the legal mail logbook. Inmates will be notified when unauthorized
items are seized from their mail. Inmates will be responsible for notifying the mail officer
within 48 hours of receipt of the confiscation notification what he/she intends to do with the
confiscated material. Failure to notify the mail officer will result in destruction of the item( s)
confiscated.
C. Inmates are authorized to receive letters, money orders, cards or pictures not to exceed
5x7 inches (no polaroid's). Outside subscriptions to newspapers, magazines or soft back
books that come directly from a publisher are allowed; but must be pre-approved by the mail
officer prior to ordering. Only one (1) magazine or newspaper subscription is allowed at a
time. Inmates are allowed to possess three (3) personal pictures, one (1) magazine and one
(1) book from the publisher or the library. Items found during a search that exceed the
above limit will be confiscated and destroyed.
D. Inmates are not authorized to receive cash or personal checks, packages, magazines or
publications that contain nude or partially nude photos, publications that are considered a
breach/threat to the safety or security of the jail (books which advocate violence, rebellion or
the overthrow of the government or authority, how tolinstructional books on fighting,
weapons, vengeance, lock picking, etc.), letters from inmates within this or another institution
(unless specifically approved), postage, stamps, stationary, compact discs or computer
media, pages downloaded or printed from the internet, laminated pictures or cards, hardback

14

books and any other items not specifically authorized by the Pamunkey Regional Jail. All
outside subscriptions must be pre-approved prior to ordering by the mail officer.
E. Inmates will be given receipts for money orders sent to them. Cash and personal checks will
be returned to sender at the inmate's expense. Items seized that can be legally possessed
on the outside will be returned at the inmate's expense or destroyed, according to the
inmate's choice. Items, which are illegal, will be handed over to the proper authority for
investigation and both the sender and receiver will be notified.
F. Mail addressed to inmates that have been released or discharged will be returned to the
sender, and if there is no retum address it will be marked "unable to deliver" and returned to
the post office. There is no limit on the amount of mail an inmate can receive or send,
however, inmates are limited to an accumulation of no more than twenty (20) cards or
letters in their possession. It is the inmate's responsibility to destroy excess mail or
have it returned at their expense. Excess items found during a search will be confiscated
and destroyed.
G. Inmates wishing to correspond with immediate family members incarcerated in other facilities
MUST obtain written permission from the Captain of Support Services. Inmates are not
allowed to correspond with previous inmates of the Pamunkey Regional Jail for a period of
90 days. Jail inmates are not allowed to correspond with other inmates in the facility.
Inmates violating this will be subject to a disciplinary charge.
3. VISITATION

A. The Pamunkey Regional Jail encourages inmates to maintain contact with their friends and
family through regular visits. Visitation hours are from 9:00 a.m. until 9:30 p.m. Monday
through Friday, by appointment only except legal holidays observed by the jail. No
visits are scheduled between the hours of 11 :00 a.m.-2:00 p.m. and 4:00 p.m.-7:30 p.m.
The following persons will not be authorized to visit inmates: persons who are
improperly dressed, under the influence of drugs or alcohol, awaiting trial, on furlough, on
probation/parole, inmates released from PRJ within the past ninety (90) days, minors (under
eighteen (18) years of age) that are not accompanied by an adult (twenty-one (21) years of
age). Only 2 adults or 1 adult and 2 children will be allowed to visit at one time. No child can
be left unattended in the lobby while the adult goes to the unit for a visit. Current or former
employees of the Pamunkey Regional Jail are not allowed to visit an inmate. Visitors
attempting to smuggle contraband will be criminally prosecuted and visitation
privileges will be terminated indefinitely.
B. Inmates are responsible for scheduling their own visits one week in advance. The inmate
must list the complete first and last name of their visitor( s). A visitation-scheduling book is
made available in the housing units for inmates to schedule their visits. The visitationscheduling forms are collected from the housing units every Friday morning and replaced
with new forms for the next week. Minors (persons under the age of 18 years old) are not
to be listed on the visitation roster. No visits are scheduled on Saturdays, Sundays or legal
holidays observed by the Pamunkey Regional Jail.
C. Inmates are allowed two (2) visits per week but only one (1) per day. Each visit will be for
thirty (30) minutes. Inmates in maximum custody are allowed one visit per week.

15

D. Visits are a privilege, not a right and can be suspended for disciplinary reasons.
Anytime an inmate or visitor does not conduct himself or herself in a respectful manner, the
visit can be terminated. Visits will be monitored by the Visitation Officer and/or close circuit
television.
E. All visitors and inmates are responsible for keeping track of their visit time. If a visitor uses
more than his/her allotted time, the first occurrence will be documented and the visitor will
receive a verbal waming. If the visitor uses more than their allotted time on any visit
following a verbal waming, the visitor's privileges will be suspended. Visitors who arrive late
will not be allowed to visit and must reschedule the visit.
F. Professional visits from any attomey of record or members of the clergy shall be authorized
Monday - Friday from 8:00 a.m. until 9:30 p.m. by appointment only and are subject to the
same restrictions as regular visitation. Clergy visits must be pre-approved by the facility
chaplain and are non-contact visits.
G. Special/extended visits must be pre-approved by the Visitation Officer. The visitor must live
a minimum of 75 miles away from the Pamunkey Regional Jail. The inmate must sign up
his/her visitor in the visitation book placed in the unit during the hours of 2:30 p.m. to 3:30
p.m., or 7:30 p.m. to 8:30 p.m. The inmate must submit a request form with the first and last
name of the visitor, and a complete address with zip code. Visitors must bring in
identification with the address given on the inmate request.
H. No show visits will count toward the inmate's weekly visitation limit.
I.

Inmates in Disciplinary Detention will not receive visits.

J. If facility visitation is cancelled due to inclement weather, the scheduled visit is not counted
toward the weekly visitation limit. If the visitor does not show due to inclement weather and
facility visitation is not cancelled, the no-show will count toward the limit.
4. STAFF/INMATE COMMUNICATIONS

A. Inmates and line staff must maintain communications with each other for everyone's benefit.
If you have a problem, ask your Housing Officer to assist you. Always remember to treat
others as you would like to be treated.
B. Inmates desiring information from different sections of the jail must submit a written inmate
request form with their legal name. These Request Forms are available in each housing
unit. Ensure requests are filled out correctly and completely or they may not be processed.
If you cannot read or write, your Housing Officer may assist you or assign another inmate to
assist you with your request. Request slips will only be accepted from 8:00 p.m. to 10:00
p.m. Inmates submitting requests should ensure the housing unit officer signs and dates the
request form and retums the pink copy back to the inmate. If a response is not received
within five (5) days of the initial request, the inmate should notify the Shift
Supervisor/Lieutenant for follow-up action.

16

SECTION - 05 PROGRAMS & SERVICES
1. FOOD SERVICE

A. All meals served by PRJ will meet or exceed DOC and nutritional standards. They are
prepared and served under sanitary conditions. Inmates must eat all meals at the tables
provided in their housing units; No trays, food, or condiments/utensils will be allowed
into the cells (with the exception of inmates on lockdown status who must eat in their cell).
Pamunkey Regional Jail does not serve pork or pork bi-products as part of any meal.
When the meal cart arrives at the housing unit, all inmates who desire a meal tray are
required to be seated at a table. Cell doors will be closed. The Housing Officer will then call
special diet inmates from their table to receive their meals first. The Officer will then call the
remaining inmates one table at a time to receive their meals. Inmates who choose not to eat
a meal must notify the Housing Unit Officer.
All inmates must remain seated during the meal. This is not a social event or
recreation period. You will have approximately twenty (20) minutes to finish your
meal.
B. At the conclusion of mealtime, the Housing Officer will call one table at a time to return their
tray and cup to the cart. Each inmate is individually responsible for returning his or her own
tray and cup to the serving cart. No food, drink or condiments/utensils may be kept after the
conclusion of the meal.
C. Inmates housed in the jail will receive three (3) meals per day, two (2) of which will be hot.
There will be no more than fourteen (14) hours between any meals. Inmates will receive
one meal at serving time. Inmates are not allowed to swap or give away food. Any inmate
attempting to take extra trays, swap food or take food off another tray will be disciplined in
accordance with PRJ policy.
D. Special diet meals will conform to DOC and nutritional standards and should be comparable
to the regular meals. The Medical Unit will complete the necessary documentation to ensure
inmates with certain medical conditions receive the proper special diet. Inmates who need a
special diet for other purposes must submit a Request Form to the Captain of Support
Services. All requests for special diets will be reviewed, verified, approved or disapproved
on a case-by-case basis. Once approved for a special diet, you must remain on it until you
leave the jail (with the exception of medical diets).
E. Housing Units that are equipped with microwave ovens will adhere to the following
guidelines:
•
•
•
•
•
•

The microwave operates on a "first come, first serve" basis.
No loitering around the microwave.
No single inmate may monopolize microwave usage.
During period of lockdown/lockbacklfeeding meals, microwave usage is not
permitted.
No unapproved containers or utensils are allowed in the microwave.
Abuse of the microwave, to include slamming the door, will not be tolerated.

17

Non-compliance with any of the above guidelines may cause the Unit's microwave
privileges to be revoked.
2. LAUNDRY SERVICE
A. A laundry schedule will be posted in all housing areas that will inform inmates of the days
their housing unit will turn in specified laundry to be cleaned. Do not put items in the
laundry cart that are not scheduled to be cleaned that day; those items will not be
cleaned, and you may face disciplinary action.

B. Clothing will be washed twice per week, linens and bedding once per week, and blankets will
be washed once per month. A schedule is located in each housing unit. (Inmates must
always maintain one uniform in their possession while the others are in the laundry.)
Inmates housed in units F & G will be responsible for washing their own laundry with the
exception of blankets. Blankets will be main laundry for cleaning.

C. Inmates are not permitted to have personal clothing items with color or designs in
them (socks, t-shirts). Items found in the laundry that are not permitted will be
confiscated and destroyed. This includes items that have been drawn on with pens or
markers. These items are not permitted because they have a tendency to discolor other
inmates' clothing.
3. HAIR CARE SERVICES
A. Hair cut services will only be performed by a licensed barber/beautician approved by PRJ.
All inmates will have access to hair cutting services unless they pose a security or safety
risk. A sign-up log will be posted in the housing units and collected on scheduled days.
B. Inmates that sign up for hair cuts or beard trims will have a fee deducted from their
account. If an inmate signs up for hair care services and fails to show up at the scheduled
time, the cost of the service will be deducted from his/her account. The fees for each service
will be posted on the sign up log. Inmates with insufficient funds will not receive this
service. Indigent inmates (inmates who have not had money on their account for thirty (30)
days or more) will be authorized to receive one hair cut every thirty (30) days. A negative
deduction will be posted to their account for the price of the service. When the inmate
receives money, all debts will be paid first.
C. Hair clippers are available to certain units by request. All haircuts performed on the unit are
at the inmates' own risk. Pamunkey Regional Jail is not responsible for any unsatisfactory
haircut performed by another inmate. All clippers will be cleaned daily or as necessary.
4. LIBRARY
A. A general library will be maintained in the facility, and will be available to all inmates on a
scheduled basis. Library services will be made available once a week in all-housing units.
Inmates are allowed to receive two (2) library books at that time. Inmates must return old
library books before receiving new ones. Any inmate in possession of more than two (2)
PRJ library book in their cell will be subject to disciplinary action. The responsible inmate will
pay for any books that are damaged or destroyed.

18

B. The Pamunkey Regional Jail will maintain a law library that will contain legal books. All
inmates will have access to the law library by signing the sign up sheet distributed on
Wednesday. The Programs Officer will provide a schedule of dates and times of Law Library
use. Inmates attending will only be allowed to bring legal documents, paper and a pen
with them. No foods, candy, note passing or talking will be permitted in the library. Any
inmate removed from the law library for rule violations will be disciplined in accordance with
PRJ policy.
C. Notary and clerical services are available for a fee. Notary services will be a charge of $2.00
per document and copy services are available for $.25 per copy. These services will be
provided by submitting a request form to the Programs Officer.
5. RELIGIOUS SERVICES

A. PRJ allows all inmates the opportunity to practice their religious beliefs limited only by
legitimate security and operational considerations. The jail Chaplain will assist all inmates
with problems or matters of a religious nature. The jail Chaplain will be available to see
inmates for one on one counseling by written request. Religious services will be conducted
for housing units on a scheduled basis. Inmates wishing to attend must place their name on
the sign-up roster the day their housing unit is scheduled. All religious materials
(hymnbooks, study guides, etc.) must be approved by the Chaplain pending review of the
Division Commander or designee.
B. All religious services are strictly voluntary. Inmates who present a security risk or danger to
others may not participate in-group activities, but are free to exercise their religious beliefs in
their cells (limited by security and operational considerations), and can request individual
sessions with the Chaplain. All inmate services and activities are subject to being
canceled due to security or operational needs.
C. All religious services are conducted by volunteers. Pamunkey Regional Jail does not control
the days or times of these services unless there are security concems/needs.
6. COMMISSARY
A. The commissary is operated for the benefit of the inmate population. It offers inmates a
variety of food, medication, hygiene, writing and clothing products. Commissary is a
privilege, not a right, and can be restricted for disciplinary reasons.
B. Commissary services will be offered to all housing units once a week. Items available on
commissary and instructions for ordering commissary are posted in each housing unit.
Commissary orders are delivered one time per week.
C. There is a $65.00 order limit for each inmate's order in general population and a $40.00 limit
for inmates in maximum custody. There are stated limits on over the counter medications
and certain other products. Inmates are reminded that all personal clothing, commissary,
etc. must fit into the storage boxes issued upon arrival into the jail with the lids shut.

19

D. Inmates under disciplinary restrictions will not be allowed to order commissary items but will
be issued a disciplinary unit pack. The disciplinary unit pack will contain hygiene and writing
materials comparable to the indigent pack. Inmates under disciplinary restrictions will be
issued a pack every fifteen (15) days upon written request by the inmate. A charge of $8.30
will be deducted from the inmate's account for each pack received.
E. Inmates who are indigent (had no money transactions for at least 15 days will only receive
hygiene and writing materials. These inmates can request the following items at the end of
15 days, provided no funds have been deposited:
1
1
1
10
1
1
1
1

Shampoo
Toothbrush
Roll-on Deodorant
Stamped Envelopes
Toothpaste
5x8 Writing Pad
Blue Ink Pen
Bar Soap

A negative charge of $8.30 will be posted to the inmate's account. Should the inmate
receive money, all debts will be deducted first. Inmates will not be allowed to receive
more than the above listed items once every 15 days.
F. All containers received from commissary orders are to be disposed of after use. Any
container used for any other purpose than its original use will be considered contraband.
Any inmate in possession of contraband is subject to disciplinary charges.
G. Sanitary Pads are the responsibility of the individual female. They may be ordered through
regular commissary or as part of the indigent pack. Inmates requiring these items should
plan in advance and order accordingly.
7. RECREATION
A. All inmate-housing units have assigned indoor or outdoor recreation areas. Recreational
activities are a good way to manage stress and relieve tension. Housing units will have
opportunities, within limits, to utilize the outdoor (weather permitting) or indoor recreation
yard. Housing units that do not meet the standards for the inspections will not be
afforded the opportunity to participate in recreation activities for that day.
Commissary items are not permitted in the indoor/outdoor recreation yards; these items will
be confiscated and destroyed. Inmates may remove their jail issued shirts while participating
in outdoor activities, provided they are wearing a t-shirt. Females must wear a t-shirt and bra
if they remove their jail issued shirt during outdoor activities. Recreation is a privilege
and not a right, these activities may be restricted or denied due to medical, disciplinary,
security or operational needs. All outdoor recreational activities take place during daylight
hours only.

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B. Recreational activities include but are not limited to: basketball, table games and televisions.
Inmates will be held responsible for the condition of the jail's recreation equipment. If
it is abused or destroyed, the individual responsible will pay for replacement. If the
responsible person is unknown, the housing unit may be without that activity for an
unspecified period of time. This equipment is for your benefit, so take care of it.
8. PROGRAMS
PRJ offers various programs to inmates on an equal basis. Inmate participation in the programs
is voluntary. These services are provided through contracted professionals, community-based
volunteers and interested individuals. A complete list of scheduled programs available will be
posted in each housing unit. Inmates may access programs by filling out a written request form
to the Programs Officer and turning it in to the Housing Officer. Program activities may be
restricted or denied due to medical, disciplinary, security or operational reasons.
9. TAXI SERVICE
The Pamunkey Regional Jail will provide taxi service to a pre-determined destination to those
inmates who are released and need transportation. This service will include the local bus or
train station but will not exceed a 25 mile radius.
Any inmate who is in need of this service at the time of his/her release will inform the booking
officer to contact the taxi service. Any inmate utilizing this service will not be released until the
taxi arrives on the premises.
All inmates released from the Pamunkey Regional Jail must have family or friends pick them up
or utilize the taxi service. No inmate will be released unless they have transportation away from
the facility.
10.WORK FORCE/WORK RELEASE PROGRAM
The Pamunkey Regional Jail offers an opportunity for inmates to become productive in the
community through the work release/work force program. These programs are designed to
allow inmates who meet certain criteria to either maintain their current employment or work
outside the facility performing various tasks for the facility or an outside agency.
Inmates desiring to participate in the work force program should submit an inmate request form
to the Work ReleaselWork Force coordinator for processing.
Work Release is mandated through the court system. Any inmate who has been recommended
for work release by the courts will be screened to determine if he/she meets the criteria.
Inmates participating in either program must meet the criteria, follow the rules and regulations of
the facility and the program and pass random drug screenings to maintain their eligibility.
Inmates who violate the rules and regulations or fail to participate/pass the drug screening will
be removed from the program pending the outcome of a disciplinary hearing.

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SECTION - 06 SECURITY & SAFETY
1. LOCKDOWN/LOCKBACKlHEADCOUNTS

A. Lockdown will be conducted according to a posted schedule or whenever deemed
necessary. When lockdown is called, all inmates will immediately report to their
assigned cell or bunk (if in a dorm). During times of lockdown, inmates will enter their
cells, and shut and lock their doors. Inmates in dormitories will sit/lay on their bunks
during lockdown.
B. Lock back will be announced during various activities. When inmates are instructed to
lock back, they will immediately stand by their cell door or dorm bunk and remain
silent. Any inmate failing to comply will face disciplinary action.
C. Headcounts will be conducted at various times throughout the day; inmates who
attempt to hide from, talk to, distract or otherwise disrupt the Officers during the
head count will face immediate disciplinary action.
2. SEARCHES

A. Frequent, unannounced searches of inmates, housing units, cells and other areas within the
facility are conducted as often as necessary to ensure the safety and security of the facility.
Searches shall be conducted in a manner, which will avoid unnecessary force,
embarrassment or indignity to the inmate. Inmates are responsible for keeping their cells
neat and clean, even after searches. Inmates do not have a right to be present when
their cells are searched. During searches, all contraband found will be removed, and if
applicable, charges will be filed. Contraband is considered to be any item or material
that is prohibited by law or institutional regulations. This includes items that are
authorized but have been altered, exceed the limit, or are not permitted in certain areas
(items hung on walls, commissary items in a program or recreation area, etc.). All
contraband confiscated during a search will be destroyed or held for evidence.
B. All inmates entering or leaving their housing unit will be subject to a pat down search. Any
inmate in the facility or while on transport is subject to being searched by any staff member.
Resistance or failure to submit to a personal search will cause you to be placed in restraints
for the search and institutionally charged.

c.

Inmates who leave the confines of the facility (work-release, road crew, outside workers,
transports, etc.) or who have a contact visit with their attorney will submit to an observational
search before they will be allowed to return to their housing unit. This search will be
conducted by an Officer of the same sex and requires an inmate to remove all clothing items
to visually inspect every area of the body. Inmates must cooperate with the Officer's verbal
instructions during the search; this search does not require the Officer to be in physical
contact with the inmate at any time during the search. These searches are necessary to
prevent the introduction of contraband into the facility. Observational searches may be
performed on inmates at any time.

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3. INMATE MOVEMENTS
A. Inmate movement throughout the facility will be controlled and supervised by staff and
closed circuit television. Inmates authorized for unescorted movement will be notified by the
Housing Officer and logged out. While moving through the halls, inmates will walk to the
right of the corridor. Inmates are not permitted to loiter or talk with other inmates during
movements. Inmates will be logged in when they arrive at their destination. Any inmate
failing to comply with procedures will face disciplinary action in accordance with PRJ policy.

B. Inmates requiring an escort during movements will be notified of the movement by the
Housing Officer and logged out of the housing unit. The Escort Officer will search the
inmates and escort them to their destination. While escorting an inmate in restraints, the
Officer will passively hold the inmate's elbow to prevent injury to the inmate (falling, slipping,
etc.). Any inmate failing to follow instructions will face disciplinary action.

c.

Maximum Custody inmates will be escorted for all movements whenever moving outside
the segregated area. Disciplinary inmates will be placed in handcuffs and leg restraints,
and escorted anytime moving outside of the unit. Administrative Segregation and
Protective Custody inmates will be escorted whenever moving outside of the unit.

D. Transports- Inmates who are transported outside of the facility are not allowed to bfiAg
possess food items or reading materials. Inmates are not allowed to return to the facility with
any items other than legal materials.

E. Restricted Areas: Inmates can meet and commune in common areas when instructed by
the Housing Unit Officer. Inmates are not allowed in other inmates' cells or bunk areas.
Inmates found in restricted areas will be subject to disciplinary charges.
4. EMERGENCY PROCEDURES
A. If an emergency situation should occur (fire, riot, disturbance or injury), remain as calm as
possible, notify a staff member, listen for a staff member's instructions and follow them
exactly.

B. Fire evacuation plans are posted in each housing unit, it would be in your best interest to
familiarize yourself with them. In the event of limited evacuation, inmates will be instructed
to grab their blankets, close their cell door and line up at their housing unit exit door or
outside recreation door. Inmates will then be escorted in an orderly manner into their
respective outdoor recreation yard. In the event a complete evacuation is necessary,
inmates will follow the above procedure and be escorted in an orderly manner to the
designated fire evacuation doors for their block. Headcounts will be taken at all evacuation
areas. If you are in a smoke-filled area, the best breathing space is located close to the
floor. If you are near flames, wet your blanket and cover yourself. All Officers are trained in
the use of, and have access to, emergency equipment. listen for a staff member'S
instruction and follow them exactly.

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C. In the event of a riot or disturbance, return to your cell or bunk and remain there. If you
cannot return to your cell or bunk, sit or lay down with your hands on your head. Follow
the instructions of the Officer or any staff member present. Failure to comply with the above
may be interpreted as your involvement in the riot/disturbance and you may face criminal
and/or institutional charges as a result.

SECTION - 07 SANITATION
1. PERSONAL HYGIENE

A. Inmates are required to keep themselves neat and clean at all times. Showers are provided
in all housing units and inmates are encouraged to shower daily. Inmates must shower at
least twice a week and anytime when instructed to do so by an Officer. Fingernails may not
extend more than % inch beyond the end of the finger. Failure to maintain personal
hygiene may result in reclassification or institutional charges. Hair cutting service,
laundry service and hygiene products will be available to all inmates. Each housing unit will
have a supply of toilet paper within limits.
B. Inmates must be fully dressed in PRJ issued uniforms anytime they are outside of their
cells. The only exception is during recreation; inmates may remove their jail shirts while
participating in either indoor or outdoor recreation, provided they have a t-shirt on (and a bra
for females). Inmates in dormitories will be fully dressed unless they are in their bunks or the
bathroom area. Uniforms will be kept neat, clean and worn properly. Inmates are not
permitted to roll up pant legs or shirt sleeves. wear pants below the waist line. have
hands held in the pants or wear altered items. Any uniforms that are damaged will be
charged to the inmate's account. Altered or ripped personal clothing items (underwear,
socks, t-shirts, etc.) will be confiscated and destroyed. Any inmate who is not in compliance
with the uniform policy will be subject to disciplinary action.
2. RAZOR EXCHANGE

A. Razors will be issued on a scheduled basis for each housing unit.
B. Inmates wishing to receive a razor must physically sign the razor exchange sheet that will
be provided by the housing unit officer.
C. If an inmate turns in an altered razor or is found to be in possession of more than one
razor, the incident will be fully investigated and the inmate will be charged with an
institutional violation. Inmates who are assigned a razor must personally return the razor
or may be subject to disciplinary charges.
D. After collecting and inspecting the razors, the Officer will dispose of the razors.

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3. CELLS & LIVING AREAS

A. The jail is a living and working environment for a large group of people. It is important that
the jail remains clean and sanitary at all times to protect the health of both inmates and staff.
All inmates must be considerate and clean up after themselves when in common areas such
as the day room, recreation yard, etc. Housing unit workers will be assigned on a rotating
basis to clean empty cells, showers and common areas. There will be a formal inspection of
the housing area no later than 8:00 a.m. every moming and an informal inspection at every
shift change. All inmates must lockback during formal inspection. Any housing unit failing
an inspection will not participate in recreational or non-essential activities until the
housing unit meets the standards. Cleaning materials are provided for each housing unit.
B. Each inmate will be held responsible for the condition of his or her individual cell. Cell walls,
floors, windows, toilets, sinks, bunks and doors will be inspected for cleanliness. All inmate
beds are to be neatly made, and all property is to be stored in the provided totes and/or in
the storage area under the beds whenever you leave your bunk or cell. Shoes will be kept
under the writing station in the cell when not being worn. Sheets will not be tied in knots
and nothing is to be placed under the mattress. Nothing can be hung. drawn or
pasted anywhere in the cell (clothing, pictures, calendars, etc.). Inmates that fail cell
inspection will not be allowed to leave their cell until it meets the standards. Any
inmate refusing to clean their cell or aid in cleaning the housing unit will face disciplinary
action. All property must be stored in the bins provided. If the property will not fit in the
storage box, it will be confiscated as contraband and destroyed. It is the inmate's
responsibility to have excessive items released before they are confiscated.
C. Regulations for Inmate Bunks: Effective January 8, 2007 all inmates will adhere to the
following procedures for inmate bunks

Sheet

Second Sheet

Blanket

Regulations:
2. Bottom sheet will be tightly tucked under mattress.
3. Top sheet will be tightly tucked under mattress. At the head, the top sheet will be folded
back with the blanket to the width of the pillow. The fold is to be the width of four fingers
or about four inches.
4. The blanket will be tightly tucked under the mattress.
5. The head of the bunk is determined in the following manner:
• In units with cells, the head is located closest to the back wall of the cell.
• In dormitory units, the head is located closest to the wall.
6. Whenever an inmate leaves his/her cell, their bunk will be made to the above
specifications. In dormitory units, whenever an inmate leaves the general area of his
bunk, it must be made to the above specifications.
D. All bunks will be made between the hours of 0800 - 1700 hours.

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SECTION - 08 INMATE RULES & CONDUCT
1. INTRODUCTION
Policy
In order to regulate behavior and provide adequate protection to staff, public and inmate
population, formal disciplinary procedures will be implemented in a manner consistent with
applicable legal requirements and facility rules and regulations. All rules and regulations will
be reviewed annually and updated as needed. Staff members will report all violations of
facility rules by completing a Rule Violation Report before the end of their shift. These rules
and regulations apply to all inmates regardless of his/her classification.
Disciplinary actions will be taken at such times and in such a degree as necessary to
regulate an inmate's behavior to acceptable limits. The purpose of disciplinary action is to
achieve one or more of the following goals:

A. Make certain all facility rules and regulations are followed.
B. Maintain order in the facility.
C. Make inmates accountable for their behavior.
2. DEFINITIONS

A. Minor Violations a violation that interferes with the operation, cleanliness, and duties of jail
staff or the facility.
B. Major Violations are those violations that the safety and security of an inmate, staff or the
facility or that hinders or interferes with the operation of the facility and its' staff.
C. Administrative Segregation - special purpose bed assignment separating the inmate from
the general population when the continued presence of the inmate in the general population
would pose a serious threat to life, staff, property, self, other inmates, or the security of the
facility. Inmates assigned to this status will be locked down and allowed out-of-cell
recreation for one hour, five (5) times a week.
D. Protective Custody - special purpose bed assignments separating the inmate from the
general population for his/her own protection. Inmates assigned to this area will be afforded
the same privileges as inmates housed in general population. Inmates assigned to this area
will be locked down for twenty- three (23) hours a day.
E. Disciplinary Segregation- special purpose bed assignment separating the inmate from the
general population when the inmate is a threat to the safety and security of the facility, staff
or other inmates or has been found guilty of a rule violation. Inmates assigned to this
housing unit will be locked down twenty-three (23) hours a day and all out-of-cell recreational
activities will take place on the unit.

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F. High Risk Status- special purpose bed assignment for inmates who pose an extreme or
high level threat to the safety or security of the staff or facility. Inmates assigned to this
status will be locked down twenty-three (23) hours a day and all out-of-cell recreational
activities will take place on the unit.
G. Pre-hearing Detention - special purpose bed assignment used for the immediate
confinement of inmates who are 1) charged with a violation of inmate rules and regulations,
2) awaiting a Disciplinary Hearing, and 3) considered to be a threat to staff, inmates, or
property.
H. Disciplinary Hearing - a non-judicial administrative procedure to determine if substantial
evidence exists to find an inmate guilty of an institutional rule violation.

I.

Reporting Officer - any staff member or contractual employee who observes, or who
receives, reliable information indicating a violation of inmate rules and regulations,
subsequently files a written report, and testifies at a Disciplinary Hearing.

J. Hearing Officer - the staff member who is granted the authority, by the Superintendent, to
conduct hearings for violations of inmate rules and regulations. The Hearing Officer is the
sole fact finder in the hearing and decides the guilt or innocence of the accused inmate.
K. Fundamental Rights - rights that may not be suspended for disciplinary or classification
reasons and which are to be guaranteed to all inmates except in times of emergencies such
as riot, fire, severe weather or other such conditions beyond the control of the
Superintendent.
L

Qualified Rights - rights, which are enjoyed by inmates in the general population, but may
be suspended for disciplinary or classification reasons as well as in times of emergencies.

M. Privilege - a conditional benefit given to inmates, which may be suspended or eliminated at
the discretion of the facility administration.
N. Institutional Classification Committee (ICC) - committee of at least two members who
hears and reviews the reclassification of inmates to administrative segregation status.

3. RULE VIOLATIONS AND SANCTIONS

A. MAJOR VIOLATIONS (Category 1)
(1-1) Assault on Any Person - physical attacks, unwanted touching, or putting an object or
substance in motion toward any person (to include spitting, urinating, or otherwise
projecting bodily fluids or substances toward any person). In Accordance with Virginia
Code Section 53.1-133.01-1, after due process has been afforded, inmates charged may
be liable to pay for medical bills incurred by the assault. Inmate accounts will be placed
on hold until the disciplinary hearing is complete, including appeals.

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(1-2) Sexual Assault - forcing or coercing any person to perform sexual acts by threats or
violence. Assaults of a sexual nature with sexual implications. Making forcible sexual
advances toward another person. In Accordance with Virginia Code Section
53.1-133.01-1, after due process has been afforded, inmates charged may be liable to
pay for medical bills incurred by the assault. Inmate accounts will be placed on hold until
the disciplinary hearing is complete, including appeals.
(1-3) Rioting - inciting to riot, rioting, or otherwise participating in a mutinous disturbance.
Willful defiance of lawful orders by two or more inmates (e.g. refusing to lockdown by two
or more inmates). Conveying any inflammatory or mutinous communication by voice,
writing, sign, symbol, or gesture. Participation in a work stoppage. Inmates charged with
any PRJ offense code that relates to damaging or vandalizing jail property or issued
property, will be held accountable under Virginia Code Section 53.1-228.1, for all bills
incurred for the replacement or repair of facility owned property. Inmate accounts will be
placed on hold until the disciplinary hearing is complete, including appeals.
(1-4) Abduction - seizing or holding hostages or in any manner unlawfully detaining any
person against their will.
(1-5) Escape - the unauthorized departure of an inmate from custody. Any act or plan that
might allow an escape or the opportunity to escape. Escape also includes absconding
from Work Release, an outside work program, or the Home Incarceration Program.
(1-6) Possession of Escape Tools - possession of any tool or instrument, which could be
used to facilitate an escape.
(1-7) Arson - setting a fire whether intentional or accidental.
(1-8) Possession of a Weapon - Possession or control of any article that could be considered
a weapon or perceived as a weapon. Possession of a sharpened instrument, explosive,
or a facsimile of a weapon.
(1-9) Possession of Staff Uniform or Equipment - possessing or reproducing a staff or
other official uniform or any part thereof. Possessing or reproducing articles of staff
identification or other official documents.
(1-10) Manufacture/Possession of Intoxicants/Medications/KOP Medications - drug
trafficking; manufacture, possession, or being under the influence of drugs/other
intoxicants. Includes unauthorized prescription drugs, excess amounts of authorized
prescription drugs, illegal substances, and alcohol. Any inmates who test positive for
drugs or alcohol will be charged under this provision.
(1-11) Fighting - engaging in a physical altercation with another inmate beyond what is
reasonable for self-defense. In Accordance with Virginia Code Section 53.1-133.01-1,
after due process has been afforded, inmates charged may be liable to pay for medical
bills incurred by the assault. Inmate accounts will be placed on hold until the disciplinary
hearing is complete, including appeals. Inmates charged with any PRJ offense code that
relates to damaging or vandalizing jail property or issued property, will be held
accountable under Virginia Code Section 53.1-228.1, for all bills incurred for the

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replacement or repair of facility owned property. Inmate accounts will be placed on hold
until the disciplinary hearing is complete, including appeals.
(1-12) Threatening Bodily Harm to Any Person - threats conveyed by voice, writing, sign,
symbol, or gesture which would lead a person to reasonably believe he/she was in
danger of bodily harm.
(1-13) Curse and Abuse - insolence, vulgarity, insults, or other abusive comments/behavior
directed toward any staff member. Willful disrespect toward any staff member.
(1-14) Sexual Misconduct - consensual sexual relations with another, making sexual offers,
soliciting sexual favors, or sexual advances toward another person not involving force.
(1-15) Disobeying a Direct Order- willfully and knowingly refusing to follow the orders,
instructions, or directives of staff members to include posted orders and written rules and
regulations. Challenging a lawful order given by a staff member or failing to carry out an
order when issued.
(1-16) Interfering with Security Operations - delaying, hindering or interfering with a staff
member in the performance of his/her duties. Interfering with security procedures (e.g.
security checks, headcounts, searches, emergency procedures, emergency drills).
(1-17) Hiding - eluding detection, being concealed in an area, or deceiving as to actual
presence.
(1-18) Extortion - demanding or receiving anything of value through coercion or threats (direct
or implied).
(1-19) Bribery of a Staff Member - offering or giving a gratuity to a staff member in exchange
for material gain, privileges, or favors.
(1-20) Violation of Telephone Regulations - prank or harassing phone calls. Using the phone
to commit fraudulent and/or criminal acts. Otherwise tampering with or misusing
telephones. Use of another inmate's personal code to place telephone calls. Use of the
telephone in an unauthorized manner.
(1-21) Vandalism - the destruction, damaging, alteration, or defacement of County property or
the property of others. Inmates charged with any PRJ offense code that relates to
damaging or vandalizing jail property or issued property, will be held accountable under
Virginia Code Section 53.1-228.1, for all bills incurred for the replacement or repair of
facility owned property. Inmate accounts will be placed on hold until the disciplinary
hearing is complete, including appeals.
(1-22) Tampering with Security or Safety Equipment - destroying, disabling, tampering, or
blocking locking devices, cameras, control panels, intercoms, Self-Contained Breathing
Apparatuses (SCBA's), fire extinguishers, sprinklers, and other security/safety
equipment. Inmates charged with any PRJ offense code that relates to damaging or
vandalizing jail property or issued property, will be held accountable under Virginia Code
Section 53.1-228.1, for all bills incurred for the replacement or repair of facility owned

29

property. Inmate accounts will be placed on hold until the disciplinary hearing is
complete, including appeals.
(1-23) Possession of Contraband - any item that is not approved by the jail administration,
approved items in quantities in excess of what is approved, or any approved item that
has been altered, defaced, or is being used for anything other than its intended purpose.
(1-24) Smoking or Possession of Smoking Materials - smoking or possession of a cigarette,
. cigar, pipe, tobacco products, rolling papers, incense, or other smoking materials.
(1-25) Possession of an Incendiary Item or Device - possession of a lighting device (e.g.
cigarette lighter, match), or other implement used to start a fire.
(1-26) Smuggling Contraband - giving or receiving any unauthorized item to another.
(1-27) Violation of Mail Regulations - opening, claiming, or possession of another person's
mail. Sending or ordering contraband through the mail.
(1-28) Theft - stealing or obtaining anything of value through false pretense. Possession of
stolen property.
(1-29) Tattooing - applying or receiving tattoos, brands, or other permanent markings on one's
body. Possession of tattooing instruments.
(1-30) Violation of Alternate Sentencing Program - violation of the conditions of the Work
Release Program, the Home Incarceration Program, Work Force agreement or other
alternative sentencing program. This charge will be used in conjunction with the actual
charged violation.
(1-31) Refusal- refusal to provide blood, DNA, urine, or breath samples. Inmates must provide
these samples upon lawful order as prescribed by Pamunkey Regional Jail policy and
procedures.
(1-32) Resisting Restraint - any form of resisting a staff member who is attempting to restrain
or apply restraint devices to an inmate.
(1-33) Destruction of Inmate ID Wristband - any form of tampering or destroying the 10
wristband (does not include normal wear and tear). Inmates charged with any PRJ
offense code that relates to damaging or vandalizing jail property or issued property, will
be held accountable under Virginia Code Section 53.1-228.1, for all bills incurred for the
replacement or repair of facility owned property. Inmate accounts will be placed on hold
until the disciplinary hearing is complete, including appeals.
(1-34) Intentional Clogging of Toilets/Drains - clogging toilets or drains with any item(s}; this
includes: trash, clothing, linens, food, excess paper, etc. A maintenance fee of $18.00
will be assessed to any inmate found guilty of this violation.

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(1-35) False Accusation - falsely accusing any staff member of conduct, which is in violation of
PRJ policies.
(1-36) Fraud - Circumventing rules and regulations and/or procedures for personal gain,
including but not limited to: indigent inmates who place money on another inmates'
account and draw from that account for commissary or other reasons.
(1-97) Habitual Violation of Major Rules - inmates who have been found guilty of three or
more Class 2 (Major) rule infractions either separately or in a single incident, or who
commit the same major violation within 90 days.
(1-98) Attempting to commit. aiding and/or abetting; encouraging another. conspiring
with another to commit a severe violation. The Reporting Officer will specify the
nature of the severe violation when writing the charge.
(1-99) Violation of conditional suspension of a Disciplinary Hearing penalty as suspended
for any severe violation.

B. MINOR VIOLATIONS (Category 2)
(2-1) Disruptive Behavior - an act that interferes with routine facility operation, or causes
excessive distraction or noise.
(2-2} Indecent Exposure - exposure of sexual organs to another person in a location or
manner where such exposure serves no legitimate purpose.
(2-3) Use of Obscene Language - offensive or vulgar communication (sign, symbol, gesture,
or language) by an inmate.
(2-4) Misuse of Jail Property/Razor Alteration - use of jail property for any purpose other
than that for which it was intended.
(2-5) Being in an Unauthorized Area - being in an unauthorized or restricted area,
unauthorized absence from place of assignment (e.g. work area, school, program),
lingering, or failing to move when ordered. Entering another inmate's cell or occupying
another inmate's bed without permission of the Housing Officer.
(2-6) Unauthorized Communication - passing of a note or contact with another person
without authorization. Inmates are not permitted to communicate with other inmates
either verbally or in writing without staff permission.
(2-7) Blocking View - blocking or obstructing the view through any window or area otherwise
open to view. Using one's body with the effect or intent to disguise or conceal an activity
from a staff member.
(2-8) Malingering - feigning illness or injury.

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(2-9) Refusal to Work - refusing to work, or failing to perform assigned work as instructed.
(2-10) Lying - deceiving, lying or giving false statements to any staff member (e.g. inmates who
falsely identify themselves, purposely hiding facts, providing false testimony or
accusations).
(2-11) Unsanitary Conditions - failure to maintain personal hygiene or sanitary housing
conditions including failure to making the bunk.
(2-12) Violation of Dress Code - failure to comply with posted rules regarding the wear of jail
issued clothing and head coverings. Alteration of jail issued clothing.
(2-13) Possession of Money - possession of currency or negotiables such as credit cards or
checks.
(2-14) Hoarding - possession of excess property (either jail issue, canteen purchase, or
personal). Also, any food items kept from meals and stored anywhere in cell or bunk
areas.
(2-15) Gambling - possession of gambling equipment or paraphemalia, or operating a
gambling pool. Gambling equipment includes any item altered for use as "Poker Chips"
(such as playing cards cut in half).
(2-16) Usury - charging or accepting any compensation for loans or legal assistance (to include
"finder's fees").
(2-17) Violation of Visiting Regulations - failing to adhere to any visiting regulations.
(2-18) Manufacture or Use of Clothes Lines or Other Hanging Structures
(2-19) Monopolizing General Use and Recreation Equipment - placing any fumiture or
equipment intended for the use of the housing unit population in an individual cell. Using
intimidation or other tactics to keep other inmates from using authorized equipment (i.e.
telephone, television, recreation equipment, etc.).
(2-20) Improper Use of Intercoms, Call Boxes, Emergency Buttons or Request Forms use of these items without a legitimate need or using them in an excessive or abusive
manner.
(2-21) Clogging Vents-intentional blocking of any vent in a cell or dayroom as to prevent the
natural flow of air.
(2-98) Attempting to commit, aiding and/or abetting, encouraging another, or conspiring
with another to commit any of the above acts. The Reporting Officer will specify the
nature of the minor violation when writing this charge.
(2-99) Violation of conditional suspension of a Disciplinary Hearing penalty as suspended
for any minor violation.

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C. SANCTIONS FOR MAJOR VIOLATIONS
1) A major violation may carry no more than the following sanctions arising out of one
incident if found guilty:
a) Up to 60 days cell restriction or disciplinary segregation. Any sanction in excess of 30
days must be reviewed and approved by the Superintendent.
b) Loss of good time
c) Any combination of the two up to their maximum
2) The following are disciplinary actions which may be imposed for major violations:
a) Loss of any or all of the following privileges for a maximum of 60 days per offense:
1) Commissary
(a) Inmates will only be allowed to purchase hygiene items and writing materials.
(b) Commissary restriction will be automatic upon any active punitive isolation
sentence.
2) Telephone
3) Recreation and/or extracurricular activities
4) Television
5) Regular Visitation
(a) The regular visitation privilege will be automatically revoked upon any active
isolation sentence.
(b) Visiting privileges will resume upon the inmate's release from punitive isolation
unless an additional suspension of visiting privileges was imposed as a
penalty.
(c) Any Visiting days lost during service of an isolation sentence will be applied to
any ordered suspension of visitation.
b) Restitution ordered
c) Removal from Inmate Worker status
d) Program suspension for a maximum of 30 days or removal from a program:
1) Program participation will be suspended on all inmates serving disciplinary
segregation sentences.

33

2) Programming will resume upon the inmate's release from disciplinary segregation
unless an additional suspension of programming was imposed as a penalty or the
ICC determines the inmate is ineligible for program participation.
3) Any program days lost during service of a disciplinary sentence will be applied to
any ordered suspension of programming.
e) Loss of Good Time - any amount up to all accumulated good conduct days earned at
the time of the hearing.
f)

Removal from the Work Release Program orthe Home Incarceration Program.

g) Any combination of the above sanctions

D. SANCTIONS FOR MINOR VIOLATIONS
1. A minor violation may carry no more than the following sanctions arising out of one
incident, if found guilty:
a) Up to 30 days cell restriction or disciplinary segregation. Not to exceed 60 days
arising out of one incident. Any sanction in excess of 30 days requires the review
and approval of the Superintendent.
b) Written reprimand, entered in the inmate's permanent institutional record.
c) Loss of any or all of the following privileges for a maximum of 30 days per offense:
d) Commissary
1) Inmates will only be allowed to purchase hygiene items and writing materials.
2) Commissary restriction will be automatic upon any active disciplinary
segregation sentence.
e ) Telephone
f) Recreation and/or extracurricular activities
g) Television
h) Regular Visitation
i) Restitution ordered
j) Removal from Inmate Worker status
k) Program suspension for a maximum of 30 days or removal from a program.
I) Removal from the Work Release Program or the Home Incarceration Program.

34

m) Placement on razor restriction
2) Any combination of the above sanctions
The charging Officer may recommend sanctions before the hearing is conducted. The
inmate may accept the sanctions and waive their right to a hearing, or may refuse the
sanctions and request a hearing.

SECTION - 09 DISCIPLINARY PROCEDURES
1. GENERAL PROCEDURES

A. Jail rules will be issued to all inmates.
B. The rules and inmate disciplinary procedures will be explained to all inmates during
orientation.
C. Inmate rules and regulations and the disciplinary procedures will be reviewed annually by the
Superintendent or designee and updated if necessary.
D. Inmates charged with Assault on staff, Assault on any person, fighting, or any other PRJ
charge that relates to causing bodily harm, will be held accountable under Virginia Code
section 53.1-133.01:1, for all medical bills incurred as a result of his/her actions. The
charged inmates account will be placed on a HOLD status until the outcome of the
disciplinary hearing and appeal process. Inmates will be given written notification that their
account will be on a hold status until the conclusion of the disciplinary hearing and the
appeal process.
E. Inmates charged with any PRJ offense code relating to damaging or vandalizing jail owned
or issued property, will be held accountable under Virginia Code section 53.1-228.1, for all
bills incurred as a result of his/her actions. The charged inmates account will be placed on a
HOLD status until the outcome of the disciplinary hearing and appeal process. Inmates will
be given written notification that their account will be on a hold status until the conclusion of
the disciplinary hearing and the appeal process.
F. Inmates found guilty of a rule violation and who are given a period of confinement in
disciplinary detention will submit to an unclothed search. All property will be searched and
inventoried. A copy of the inventory sheet will remain with the property and a copy will be
given to the inmate. The original inventory sheet will be forwarded to the Captain of
Security. The property will be sealed and stored in the intake property room until the inmate
has satisfied his or her sanctions. Perishable items (food, commissary) will be mailed out of
the facility at the inmate's expense within twenty-four (24) hours. If the inmate does not want
the items mailed out, they will be destroyed. Inmates will sign a document agreeing to mail
out all perishable items or have them destroyed.
G. Inmates on disciplinary custody status will be afforded a disciplinary pack, which contains the
necessary hygiene and correspondence material. Inmates will be responsible for requesting
another disciplinary pack at the end of each 15 day period. This request will be handled
through the inmate request process. Inmates requesting a disciplinary pack will have a total
35

of $8.30 deducted from their commissary account. If the inmate is indigent, the cost of the
disciplinary pack will be shown as a negative balance.
H. Inmates on disciplinary custody will be locked down twenty-three (23) hours and will be
afforded one (1) hour of recreation a day five (5) times a week, provided the inmates cell
passes inspection. If the inmate refuses recreation, meals, medication, phone calls, etc., this
will be annotated on the check sheet.
I.

Inmates will not be allowed to have tennis shoes, commissary items/perishable items,
excessive magazines/excessive mail, pictures or excessive hygiene items while in
disciplinary custody.

2. RULE VIOLATION REPORTING PROCEDURES
A. Whenever a staff member observes an inmate who is committing, or has committed an
offense specified in the inmate rules and regulations or there is reasonable belief that an
inmate has committed an offense, the staff member will initiate procedures to charge the
inmate with that offense.
B. Violations will be reported by completing an Offence Incident Report and turned in to the
Division Commander. The Offence Incident Report will include at a minimum:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)

Inmate involved
Date and time of report
Degree of violation
Rule violations
Witnesses (staff or inmates)
Date and time of violation
Where violation occurred
Statement of charges
Any unusual inmate behavior
Degree of personal injury, if applicable
Degree of property damage, if applicable
Immediate action taken
Disposition of any physical evidence
Charging staff member's signature
Specific rule{s) violated (to include time, date, place, the facts on which the charge is
based and the accuser).

C. The staff member filing the report will submit the report to the immediate supervisor and will
have no further involvement/discussion concerning the charge with the accused inmate or
witnesses.
D. DIVISION COMMANDER'S RESPONSIBILITIES

1) The Division Commander will review the written report to ensure its completeness.
2) If necessary, the Division Commander will conduct a brief investigation of the matter to
gain additional information prior to signing the report.

36

3) A copy of the report and the charge will be given to the Division Commander. The
Division Commander will investigate the charges and determine if there is sufficient
evidence to proceed, the Division Commander will have the charge(s) served on the
inmate by an Officer other than the Reporting Officer. The date, time, and by whom the
report was served will be noted on the report and the inmate will receive a copy of the
charge sheet.
4) The served report will be forwarded to the Hearings Officer.
E. All inmates charged with a rule violation will automatically be given a due process hearing
unless it is waived in writing on the waiver form. A waiver is a guilty plea to the violation(s)
charged.

3. INMATE HANDBOOK
During the Classification process, each inmate will receive a copy of this Inmate Handbook
stating the rules and regulations of this facility. During the classification interview, the
Classification Officer will discuss the Inmate Handbook with each inmate, go over the rules and
regulations and have the inmate sign a statement that he/she understands the rules and
regulations and has received a copy of the handbook. When a literacy or language problem
prevents an inmate from understanding the handbook, a staff member or translator will assist
the inmate in understanding the rules. In addition, a copy of the rules will be available in each
housing unit for inmate and Officer use. The Inmate Handbook is reviewed annually and
revised when necessary.

4. RESOLUTION OF RULE INFRACTIONS
1.

Reporting Violations
a.

The officer discovering the alleged offense will investigate violations. The
investigation information will be documented on an Incident Report.

b.

The Shift Supervisor will review the Incident Report and make the final decision if
charges are warranted.

c.

If charges are written an impartial officer will serve them as promptly as possible.
The supervisor conducting the hearing will, as part of the hearing, ensure the
inmate understands his or her rights by reading their rights outlined on the Inmate
Notification of Disciplinary Charges Form.

d.

The inmate may admit to committing the minor violation, waive the right to a
hearing and appeal, and accept the sanctions recommended by the charging
officer by signing in the designated space on the Inmate Notification of Disciplinary
Charges Form. The following will then take place:
1) The recommended sanction(s) will be immediately imposed.

37

2) The inmate will be given a copy of the completed charge sheet after he/she
signs it.

3) The completed original copy will be forwarded to the Division Commander then
to the Hearing Officer for review and then to Classification for filing in the
inmate's file.

4) The inmate may request a hearing by signing in the appropriate spaces on the
Inmate Notification of Disciplinary Charges Form. At the request of the inmate,
staff assistance will be made available when completing this form and assist
with the hearing.

5. CRIMINAL VIOLATIONS
A. An inmate charged with an institutional offense may also be subject to criminal prosecution.

B. When an inmate is alleged to have committed a criminal offense, the Hearing Officer will
inform the inmate that anything they say in a Disciplinary Hearing may be used against them
in a court of law. The case will be referred to the appropriate law enforcement officials for
further investigation and possible prosecution.
6. PRE-HEARING ACTION/INVESTIGATIONS
The Shift Supervisor, unless he/she is the Charging Officer, will make a complete investigation
of an accusation against an inmate to determine if sufficient evidence exists to support the
charge.

7. PRE-HEARING DETENTION AND DUE PROCESS REQUIREMENTS
Pre-hearing Detention
Until the hearing, inmates charged with a rule violation are entitled to remain in their existing
status unless there is a threat to other inmates, staff members, him/herself or the security of the
facility. Pre-hearing Detention may be ordered only by a Shift Supervisor and must be
documented in writing. The Superintendent or his designee must review the Detention Order by
the next business day. Any time spent in Pre-hearing Detention will be credited against any
subsequent penalty imposed.
Due Process Requirements
Prior to the Disciplinary Hearing, the inmate will be advised of the following rights by the Officer
serving the inmate offense report.

A. The right to have the services of an inmate or staff advisor to assist in the preparation and
presentation of the defense. The institution appoints inmate advisors while staff advisors are
voluntary.

38

B. The right to call witnesses and present documentary evidence except when doing so would
be unduly hazardous to institutional safety. Witnesses for the inmate will be present
voluntarily and will not be forced to testify. The Hearing Officer may limit witnesses.
C. Inmates will have the opportunity to waive, in writing on the due process form, their right to a
Disciplinary Hearing. A written waiver is considered a guilty plea.
D. The Hearings Officer will appoint advisors only when the inmate is unable to provide an
adequate defense.
8. PRE-HEARING ACTION
A charged inmate will be informed in writing of the following:

A. The specific rule( s) broken.
B. The accuser, unless deemed inadvisable by the investigation.
C. The time the violation occurred.
D. The date and place of the violation and the facts on which the charge is based.
The inmate will have a minimum period of 24 hours between the time he/she receives the
written information to be provided him/her under this rule and the time he/she must appear
before the Hearing Officer.
The inmate may waive the 24 hour period, but such waiver will be in writing and signed by the
inmate.
A written summary of the rights of inmates at the Disciplinary Hearing will be provided to the
inmate.
9. PRE-HEARING ACTION/RIGHT TO BE PRESENT AT THE HEARING
An inmate charged with a rule violation has the right to be present at the Disciplinary Hearing
unless that right is waived in writing or the inmate's behavior is deemed to be a risk to the safety
of the staff and/or other inmates, or is considered a risk to the security of the facility. A charged
inmate may be excluded from testimony being given by an inmate who is giving testimony in
confidence.
Justification for the hearing being conducted without the inmate being present will be thoroughly
documented by the Hearing Officer.
10. DISCIPLINARY HEARING PROCEDURES
The inmate is notified of the hearing at least 24 hours in advance of the hearing. The inmate
must be given a hearing within seven working days from the date the violation occurred.

39

The Hearing Officer can order a continuation of a hearing. All continuations will be justified for
good reason. In every case in which a hearing is continued, the reason must be reduced to
writing and served on the accused inmate with a copy attached to the original inmate
disciplinary report.
A. Hearings may be postponed under the following circumstances. This list is not all inclusive
and other continuations may be justified, in writing, for good reason.
1) Due to the hospitalization of the accused inmate.
2) Pending completion of an investigation, related reports, and relevant laboratory tests.
3) Unavailability of staff due to escape, disturbance, or acts of nature.
4) In the case of the inmate's escape.
5) Due to temporary transfer of the accused inmate for a court hearing.
6) In the case where the Reporting Officer is ill or on temporary leave of absence.
B. The hearing will be held within a reasonable amount of time following the date of termination
of the above circumstances.
Disciplinary Hearings will be conducted with consideration for the inmate's rights. The Hearings
Officer may consider information from a source whose identity is not disclosed to the inmate.
This will occur when disclosure of the informant's identity would create a risk to the safety of the
informant. When the Hearings Officer considers information from an informant the name of the
source of such information will not be given to the accused inmate.
The substance of the information may be shared with the accused as long as it may be done
without creating a risk to the safety of the informant. The Hearings Officer will, when deemed
necessary, question witnesses out of the presence of the inmate charged with the alleged
violation. The information will be summarized on the Disciplinary Findings Sheet and presented
to the inmate, unless the Hearing Officer Supervisor deems otherwise. The Hearings Officer
may classify the testimony as "Confidential" in which case it will be treated as such as stated in
section b above.
The Hearings Officer may seek additional information from inmates and lor staff to verify
information received from witnesses or the charged inmate during the hearing. Such questioning
may take place out of the presence of the charged inmate.
The Hearings Officer will consider all testimony presented at the hearing and will reach a
decision and sanctions, if applicable, for each charge. All sanctions must fall within the
guidelines as set forth under Policy and Procedure Section 3c. A written account of the
disciplinary findings will be documented on the Disciplinary Findings sheet. Disciplinary
Hearings will be conducted by an impartial Hearing Officer and are subject to be recorded.

40

The inmate has the right to be heard and present evidence subject to limitations imposed by the
Hearing Officer. If an inmate requests witnesses be present at his/her hearing, the inmate will
list the witnesses on the inmate offense report which will be forwarded to the Hearing Officer.
The inmate may ask witnesses questions. However, such examination is subject to limitations
imposed by the Hearing Officer.
The Reporting Officer may be present during the Disciplinary Hearing. However, the Hearing
Officer, due to justifiable circumstances, may exclude the Reporting Officer from the Disciplinary
Hearing. The accused inmate does not have a fundamental right to cross-examine the
Reporting Officer.
A Disciplinary Hearing may be held without the accused being present if the inmate is a threat to
the safety and security of the staff or facility or if the inmate refuses to appear before the
hearings officer.
The inmate may receive assistance in preparing and presenting a case from a staff or inmate
advisor as determined by the Hearing Officer. An advisor may be appointed by the Hearing
Officer to assist an inmate, if it is apparent the inmate is not capable of preparing the case.
The Hearing Officer will make two decisions:
a) Whether the accused inmate is guilty.
b) If the inmate is found guilty, what penalty will be imposed.
In addition to these two decisions, the Hearing Officer may:
a) Refer a particular inmate to an ICC for review to decide whether the inmate merits
closer or higher security or other appropriate classification action.
b) Reduce the original charge to a lesser charge if the evidence does not support the
more serious charge, but does support a lesser charge. At no time may the Hearing
Officer increase the original charge.
The Hearing Officer may only use the evidence and testimony presented in the Disciplinary
Hearing in determining guilt or innocence. The accused inmate's institutional record may only
be taken into consideration during the sanctioning phase of the hearing.
The Hearing Officer will document in writing the facts relied upon and reasons for the disposition
with a copy provided to the inmate.

A. Conditions and limits of punishment:
1)

The Hearing Officer has the discretion to cause punishments for separate violations to
be served concurrently or consecutively. This discretion does not apply in cases
where punitive isolation sentences are mandatory.

41

2)

The Hearing Officer may, after deciding guilt, consider the inmate's institutional record
in fixing punishment. An inmate's record will not be considered in deciding guilt.

3)

Denial of correspondence privileges may never be used as punishment.

4)

Dietary restrictions (such as bread and water) may not be imposed as punishment.

5)

Physical restraints (chains, tape, handcuffs, etc,) may not be used as punishment.

6)

Corporal punishment is forbidden,

7)

Inmates may not be denied bedding, clothing or toilet articles as punishment.

8)

Cutting of hair, beard or mustache may not be used or ordered as punishment.

9)

Each punishment must have a definite limit (Le, no indefinite sentences),

10)

Inmates will not be punished for their religious and political beliefs, the books they
read or organizations to which they belong.

11)

An inmate may not be held in Disciplinary Segregation for more than 60 days for
violations arising from one incident. An inmate serving consecutive sentences for
multiple violations which total more than 60 days will be examined by the medical
department, after serving 15 days and each 15 day period thereafter until the inmate
is released from Disciplinary Segregation. The medical assessment will include a
personal interview and a medical evaluation by a medical staff member.

11 a) In additional to all other rules and regulations published in this handbook, inmates
serving sanctions in the disciplinary unit are required to follow the unit rules listed
below. Any violation of these rules or regulations will result in disciplinary action.
Inmates will receive one-hour out-of-cell recreation five (5) times per week. The time
is at the Housing Officer's discretion. Prior to receiving his/her recreation, the
inmates' cell must pass an inspection by the Housing Officer. It is the responsibility of
the inmate to ensure that his/her living area is maintained in a neat and orderly
manner according to the rules and regulations. In order to pass an inspection, the
inmate must clean their assigned cell by mopping the floor, cleaning and shining the
stainless steel, wiping the walls and windowsill and making their bed according to the
standards. Any property must be neatly stored under the bed. If an inmate fails to
comply with these orders, the inmate will not receive recreation until the cell passes
inspection and will face disciplinary action. Talking from cell to cell will not be
permitted. Any violation of these rules and regulations will result in disciplinary action.
12)

An inmate who is being held in Disciplinary Detention will receive no good time for the
period spent in Disciplinary Detention

42

13)

Fundamental Rights which cannot be suspended:
a)
b)
c)
d)
e)

14)

Qualified rights which may be suspended:
a)
b)
c)
d)

15)

Visits by attomeys
Access to attorney
Adequate food (nutritional diet)
Adequate light, ventilation, temperature control and sanitation
Medical care

Minimum of one visit per week by family
Two hours of exercise per week
Clothing, bedding, unlimited access to lavatory and shower
Access to personal property

Qualified rights above may only be suspended:
a) When the practice in a particular case poses a serious thre<lt to security.
b) When the jail property issued is seriously abused.
c) Suspension of these rights will be reviewed daily for reinstatement and will be
documented in writing as to the decision and justification for the decision.
d) Failure to comply with the facilities health and safety regulations.

At the conclusion of the hearing, the Hearing Officer will document the following:
1)
2)
3)
4)

Inmate name and hearing date
Charges, plea and findings
Statement of evidence relied upon
Sanctions imposed

A copy of this decision will be given to the inmate following the hearing. The hearing record and
supporting documents will be maintained in the inmate's classification file.
If the Hearing Officer finds the accused inmate did not commit the violation, the facility will
maintain a record of the incident, however, it will not be used against the inmate in any further
Disciplinary Hearings and it will not be maintained in the inmate file.
The original decision together with the original rule violation form will be forwarded to the
Classification Officer for review to assure conformity with policy and regulations. After review,
the rule violation and decision will be placed in the inmate's classification file.
The facility will keep a record of misconduct of the inmates while incarcerated and report the
same to any requesting judge.

11.

APPEALS PROCEDURE
Appeals for Minor Hearings

a.

Minor violation appeals must be made to the Division Commander. The
decision of the Division Commander is the final appeal for minor violations.
43

In the Absence of the Division Commander the Captain of Security or
Administration and Support will hear the appeal.
1.

The appeal must be made within 24 hours of the inmate's receipt of
the disposition.

2.

The specific reason for appeal must be written on an Inmate Request
Form.

3.

At the request of an inmate, staff assistance will be made available
when completing this request form.

b.

If an appeal is received, it will be attached to the original Disciplinary
Findings sheet and Incident Reports/Supplements. The packet will be
forwarded to the Security Division Commander for review.

c.

The Division Commander will review the appeal based on the inmate's
reason as stated on the request form. The Division Commander has 24
hours to answer the appeal, unless an investigation must be conducted. If
so, the inmate will receive in writing notification that they will not receive an
answer to their appeal within the time allotted due to an investigation

d.

The Division Commander will write his/her decision on the request form. A
copy of the request form will be delivered to the inmate for receipt. The
original will be attached to the Disciplinary Findings Sheet and then
forwarded to Internal Affairs for review.
1.

If the decision is overturned during the appeal process the
Disciplinary Findings Sheet will be modified as noted for not guilty
findings.

2.

If the sanctions are modified the Division Commander will note the
modifications on the Disciplinary Findings Sheet and forward a copy
of the changes to the inmate.

3.

Imposition of sanctions will begin if the inmate does not appeal,
refuses to appeal by the deadline or the appeal is denied to the
extent that sanctions are to be served. No sanctions will be imposed
until after the appeal process is completed.

Appeal of Major Findings
a.

Inmates have the right to appeal the findings of the Hearings Officer to the Captain
of Security or designee.
1.

The appeal must be made within 24 hours of the inmate's receipt of
the disposition.

44

2.

The specific reason for appeal must be written on an Inmate Request
Form.

3.

At the request of the inmate an officer will be made available to help
with completing this form.

b.

The Hearings Officer will maintain the file until an appeal is received from the
inmate or the appeal deadline has expired.

c.

Major Violations Appeals have two levels:
1.

2.

The first level of Appeal is to the Captain of Security or Designee.

a.

In the event the Captain of Security or designee receives an appeal,
he/she will review the contents of the file and make a decision on the
appeal. The Captain of Security or designee will review the appeal
based on the inmate's reason as stated on the request form. The
Captain of Security or designee has 2 business days to answer the
appeal, unless an investigation must be conducted. If so, the inmate
will receive in writing notification that they will not receive an answer
to their appeal within the time allotted due to an investigation.

b.

A copy of the Appeal answer will be forwarded to the inmate and the
original attached to the file.
The second level of appeal is to the Deputy Superintendent. The
decision of the Deputy Superintendent is the final appeal process for
Major rule violations and the Deputy Superintendents decision is
Final.

A copy of this final appeal will be sent to the inmate and the original will be
attached and filed in the inmate's Classification folder.

SECTION -10 INMATE GRIEVANCE PROCEDURE
1. PURPOSE

A. A grievance is a formal complaint concerning an incident, policy or conditions within the jail.
The grievance procedure has two main objectives:
1)

To give inmates a regularly available channel for the expression of their grievances.

2)

To foster prompt solutions to institutional problems in a regulated and orderly fashion.

B. An impartial Officer will handle grievances and under no circumstances will any reprisals,
corrective actions or sanctions be brought against an inmate who has followed the proper

45

procedures, and filed a grievance. However, the following abuses of the grievance
procedure will be cause for disciplinary actions:
1)

Failure to use informal channels before filing a grievance.

2)

Deliberately lying or giving false information.

3)

Using the grievance process to harass jail staff or other inmates.

4)

Filing frivolous complaints.

5)

Filing multiple grievances for the same complaint while an investigation is ongoing.

6)

The Superintendent or designee has answered continual submission of the same
complaint after an appeal.

2. PROCEDURE
A. The first step in the grievance procedure is to attempt to solve the problem informally, by
submitting a written Inmate Request Form to the Housing Officer. The Housing Officer will
either address the problem or forward it to his/her supervisor to address. The form will be
returned in a reasonable amount of time with a response. This response should be kept by
the inmate to show that he/she tried to solve the problem informally. If the inmate feels that
the problem has not been resolved through the informal process, he/she may request a
grievance form from the Grievance Officer. A grievance form will be issued only after
attempts have been made to resolve the complaint informally. The grievance form must be
returned to the Grievance Officer within 5 days of receipt, or the issue will be moot.
B. The inmate shall fill out the grievance report and submit it to the Housing Officer, who will
forward it to the Grievance Officer. The Grievance Officer will investigate the grievance and
return a copy of it to the inmate, with a response, within five working days. The original form
will be placed in the grievance file. If the grievance officer cannot answer the grievance, it
will be forwarded to the appropriate personnel to address the grievance.
3. APPEALS PROCESS

A. If an inmate is not satisfied with the response to his/her grievance they may file an appeal.
The inmate will fill out the appeal section on the back of the grievance form and return it to
the grievance officer within 3 working days. The grievance will be forwarded through the
chain of command and the original will be attached to it. The Deputy Superintendent will
review and respond to the grievance. The decision of the Deputy Superintendent is final.

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