Minimum Standards For Local Detention Facilities In South ...

Minimum Standards For Local Detention

Facilities In South Carolina

TYPE II AND/OR IV FACILITY CITY, COUNTY, OR REGIONAL JAIL AND/OR COMBINED JAIL/PRISON CAMP

7/26/2013 VERSION

TABLE OF CONTENTS

Standard Number

Subject Title

1000 1001 1002 1003 1004 1005 1006

GENERAL INSTRUCTIONS Statutory Authority Introduction Integrity of Independent Sections Other Standards and Requirements Definitions Acronyms

(Revised 2013) (Revised 2013)

1010 1011 1012 1013 1014

APPLICATION OF STANDARDS Types of Facilities Variances and Waivers Emergency Suspension of Standards Inspections

(Revised 2013) (Revised 2013)

1020 1021 1022 1023 1030 1031 1032 1033 1034 1035 1036 1037 1038

ADMINISTRATION/MANAGEMENT Manual of Policies and Procedures Emergency Pre-Planning Inmate Population Report Personnel Number of Personnel Jail Management Training Jail Operations Training Jail Pre-service Training In-service Training Training Records Employee Regulations Organizational Chart

(Revised 2013)

(Revised 2013) (Revised 2013) (Revised 2013) (Revised 2013) (Revised 2013)

1040 J1041 J1041.1 1042 1043 1044 1045 1046 1047 1048 1049 1050

ADMISSION, RECORDS, AND RELEASE

Juveniles

Admission-Juveniles

(Revised 2013)

Admission - Type II Facilities

(Revised 2013)

Guidelines for Commitment Documents

(Revised 2013)

Booking and Record Information

(Revised 2013)

Retention of Inmate Property

(Revised 2013)

Admission of Injured, Ill, or Intoxicated Detainees (Revised 2013)

Death of an Inmate

Recording and Reporting of Attempted Suicides

Log Reports

(Revised 2013)

Orientation

(Revised 2013)

7/26/2013 VERSION

Page Number

1 1 4 4 4 5 10

11 11 11 12 12

13 13 14 14 14 14 15 15 16 17 17 18 18

18 18 18 19 19 20 21 22 22 22 22 23

1051

Discharge, Transfer, or Release of an Inmate

23

1060 1061 1062 1063 1064 1065 1066 1067 1068

SECURITY Weapons Control Less Lethal Devices Key Control Tool Control Facility Security Inmate Movement Use of Restraints Inmate Governance

24

(Revised 2013)

24

(Revised 2013)

24

(Revised 2013)

24

25

(Revised 2013)

25

26

26

26

1080 1081 1082 1083

CLASSIFICATION Classification Plan Classification Categories Classification Review

26

26

(Revised 2013)

27

27

1090 1091 1092 1093 1094 J1095 1096 1097

SEPARATION Communicable Diseases Mentally Disordered Persons Administrative Separation Females Juveniles Reserved for Future Use Safekeepers

28

28

28

(Revised 2013)

28

(Revised 2013)

28

29

29

29

2000 2001 2002 2003

DISCIPLINE Rules and Disciplinary Penalties Plan for Inmate Discipline Forms of and Limits on Disciplinary Action

29

29

(Revised 2013)

30

(Revised 2013)

31

2010

PHYSICAL PLANT - ALL FACILITIES

32

2011

Initial Planning

(Revised 2013)

32

2012

Rated Capacity

33

2013

Living Units - Existing Facilities Prior to July 1980 (Revised 2013)

33

2014

Physical Plant - All New Facilities Since July 1980

35

2014-1

Special Purpose Cells

(Revised 2013)

35

2014-2

Fire Codes

35

2014-3

Design for Separation

35

2014-4

Accessibility to the Handicapped

35

2014-5

Administrative Areas

35

2014-6

Staff Areas

(Revised 2013)

36

2014-7

Security

36

2014-8

Control Center

36

2014-9

Perimeter Security

36

2014-10

Entrances and Exits

37

2014-11

Emergency Power and Communications

37

7/26/2013 VERSION

2014-12

Intake Area

(Revised 2013)

37

2014-13

Housing for the Handicapped

38

2014-14

Equipment Space

38

2014-15

Janitorial Closets

38

2014-16

Toilets

38

2014-17

Wash Basins

38

2014-18

Showers

(Revised 2013)

38

2014-19

Furnishings

39

2014-20

Natural Light - Cells or Rooms

39

2014-21

Inmate Rooms/Cells Light Levels

39

2014-22

Facility Light Levels

39

2014-23

Indoor Air Quality

39

2014-24

Smoking

39

2014-25

Dayrooms

(Revised 2013)

39

2014-26

Common Area Furnishings

(Revised 2013)

40

2014-27

Multipurpose Room

40

2014-28

Exercise Areas

40

2014-29

Visiting Areas

41

2014-30

Security Equipment Storage

41

2014-31

Health Care Facilities and Equipment

41

2014-32

Clothing and Supplies

41

2014-33

Telephones

41

2014-34

Reserved For Future Use

(Revised 2013)

42

2014-35

Canteen/Commissary

42

2014-36

Food Preparation Area

42

2014-37

Dining

42

2014-38

Food Storage

42

2014-39

Sanitation and Hygiene - Food Service

42

2014-40

Maintenance

42

2015

Living Units - Non-Direct Supervision Facilities

Since July 1980

(Revised 2013)

43

2016

Reserved for Future Use

43

2017

Physical Plant - Direct Supervision

43

2017-1

Staff/Inmate Interaction

44

2017-2

Unit Size

44

2017-3

Inmate Housing - General Population

(Revised 2013)

44

2017-4

Inmate Housing - Maximum Security

(Revised 2013)

45

2017-5

Inmate Housing - Minimum and Medium Security (Revised 2013)

46

2018 - 2029 Reserved for Future Use

47

2030 2031 2032 2033 2034 2035 2036

INMATE PROGRAMS AND ACTIVITIES

47

Visiting

47

Correspondence

48

Telephone

48

Access to Legal Counsel, Courts, and Legal Materials

49

Exercise

49

Grievance Procedure

(Revised 2013)

50

7/26/2013 VERSION

2037

Inmate Canteen/Commissary

50

2050 2051 2052 2053 2054 2055 2056 2057

MEDICAL SERVICES Responsible Physician Medical Procedures Screening Emergencies Sick Call Health Appraisal Pharmacy Standards

51

(Revised 2013)

51

(Revised 2013)

51

(Revised 2013)

52

(Revised 2013)

52

(Revised 2013)

53

53

53

2070 2071 2072 2073 2074 2075 2076

INMATE CLOTHING AND PERSONAL HYGIENE

54

Clothing Issue

54

Laundry

54

Personal Clothing Storage

54

Personal Care Items

54

Showering

(Revised 2013)

54

Hair

(Revised 2013)

55

2080

BEDDING AND LINENS

55

2081

Bedding and Linen Issue

55

2082

Laundering of Bedding and Linens

55

2090

FOOD

55

2091

Frequency of Service

55

2092

Diet

55

2093

Special Diets

56

2094

Food Groups

56

2095

Menus and Food Preparation

56

2096

Sanitation and Food Storage

56

2097

Kitchen Staff

56

3000

SANITATION

56

3001

General Requirements

56

3002

Equipment

57

3003

Vermin, Insects, and Pests

57

3004

Drinking Fountains

57

4000

LOCAL INMATE WORK PROGRAMS

57

4001

Types of Local Programs

57

4002

Public Facilities

58

4003

Meals and Beverages

58

4004

Weather Conditions

58

4020

Work/Punishment (Work Release) Programs

58

4022

Screening and Selection of Inmate Participants

59

4023

Criteria for Placement

60

4024

Financial Accounting and Disbursement of Participant Earnings

61

7/26/2013 VERSION

4025

Rules/Regulations/Disciplinary Actions

61

4026

Transportation

61

4030

Local Public Work Programs

62

4031

Regulations for Mandatory Programs

62

4032

Clothing for Mandatory Programs

62

4033

Enforcement of Work Requirement

62

4034

Safety of Inmate Workers

62

4035

Excess Property

62

4036

Sentence Computation Guidelines

63

4037

Home Detention Standards

63

APPENDIX A (South Carolina Jail Administrators Association's Code of Ethics)

64

APPENDIX B (SC 2009 Fire Code Regulations Applicable to Detention Centers)

65

APPENDIX C (SC Statutes Applicable to Inmate Good Time Credits)

69

APPENDIX D (Miscellaneous SC Statutes Relating to Detention Centers)

73

APPENDIX E (Safekeeper Requirements)

87

APPENDIX F (DHEC Inspection Report Form)

89

APPENDIX G (Pharmacy Standards)

90

APPENDIX H (Home Detention Standards)

92

MINIMUM STANDARDS FOR LOCAL DETENTION FACILITIES IN SOUTH CAROLINA CHRONOLOGICAL DEVELOPMENT

July 1980 July 1981 August 1985 December 1987 February 1989 April 1991 December 1992 February 1994

August 1994

May 1997 June 1998 December 2004 August 2005 December 2006 August 2010

July 2013

Standards Initially Approved and Adopted Juvenile Standards Added Revisions to Standards 1033 and 1044 Local Inmate Work Programs and 4000 Series Added Revisions to Standards Allowing Pre-Trial Multiple Occupancy Revisions to Training Standards and Other Standards Revised Standards Added to Facilitate Direct Supervision Juvenile Secure Holdover Facility Standards Added and Other Standards Revised Juvenile Non-Secure Holdover Facility Standards, Juvenile Detention Center Standards, and Juvenile Community Residential Facility Standards Added Revisions and Additions to Standards After Comprehensive Review Revisions to Standard 1044 Based Upon Freedom of Information Act Home Detention Standards Added Revisions and Additions to Standards After Comprehensive Review Standards Revised to Facilitate Unit Management Home Detention Standards Expanded to Include Private Entity Contract Service Providers Revisions and Additions to Standards After Comprehensive Review

7/26/2013 VERSION

1000 GENERAL INSTRUCTIONS

1001

STATUTORY AUTHORITY

The authority to establish and enforce the standards and requirements herein, unless otherwise noted, is based upon the South Carolina Code of Laws, 1976, as amended, Sections 24-9-10 through 24-9-50, which read as follows:

SECTION 24-9-10. Jail and Prison Inspection Division established in Department of Corrections; personnel.

There is hereby established a Jail and Prison Inspection Division under the jurisdiction of the Department of Corrections. The inspectors and such other personnel as may be provided for the division shall be selected by the director of the department.

HISTORY: 1962 Code Section 55-315; 1967 (55) 587; 1993 Act No. 181, Section 433.

SECTION 24-9-20. Inspection of State and local facilities housing prisoners or pretrial detainees; reports.

The division shall be responsible for inspecting, in conjunction with a representative of the State Fire Marshal, at least annually every facility in this State housing prisoners or pretrial detainees operated by or for a state agency, county, municipality, or any other political subdivision, and such inspections shall include all phases of operation, fire safety, and health and sanitation conditions at the respective facilities. Food service operations of the facilities must be inspected at least annually by an employee of the Department of Health and Environmental Control. The inspections of local confinement facilities shall be based on standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and appropriate fire and health codes and regulations. The division, the inspecting fire marshal, and the food service inspector of the Department of Health and Environmental Control shall each prepare a written report on the conditions of the inspected facility. Copies of the reports shall be filed with the chairman of the governing body of the political subdivision having jurisdiction of the facility inspected, the chairman of the governing body of each political subdivision involved in a multi-jurisdictional facility, the administrator, manager, or supervisor for the political subdivision, the responsible sheriff or police chief if he has operational custody of the inspected facility, and the administrator or director of the inspected facility. All reports shall be filed through the Director of the Department of Corrections.

HISTORY: 1962 Code Section 55-316; 1967 (55) 587; 1980 Act No. 419, Section 1; 1981 Act No. 181 Section 2; 1993 Act No. 181, Section 434; 1995 Act No. 7, Part IV, Section 72; 2000 Act No. 308, Section 2.

7/26/2013 VERSION

Page 1

SECTION 24-9-30. Enforcement of minimum standards.

(A) If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, or the appropriate fire and health codes and regulations, or both, the Director of the South Carolina Department of Corrections shall notify the governing body of the political subdivision responsible for the local confinement facility. The governing body promptly shall meet to consider the inspection reports, and the inspection personnel shall appear, if requested, to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily close the local confinement facility or objectionable portion thereof.

(B) If the governing body fails to initiate corrective action within ninety days after receipt of the reports of the inspections, or fails to correct the disclosed conditions, the Director of the South Carolina Department of Corrections may order that the local confinement facility, or objectionable portion thereof, be closed at such time as the order may designate. However, if the director determines that the public interest is served by permitting the facility to remain open, he may stipulate actions to avoid or delay closing the facility. The governing body and the resident or presiding judge of the judicial circuit shall be notified by certified mail of the director's order closing a local confinement facility.

(C) The governing body has the right to appeal the director's order to the resident or presiding judge of the circuit in which the facility is located. Notice of the intention to appeal shall be given by certified mail to the Director of the South Carolina Department of Corrections and to the resident or presiding judge within fifteen days after receipt of the director's order. The right of appeal is waived if notice is not given as provided in this section.

(D) The appeal must be heard before the resident or presiding judge of the circuit who shall give reasonable notice of the date, time, and place of the hearing to the Director of the South Carolina Department of Corrections and the governing body concerned. The hearing must be conducted without a jury in accordance with the rules and procedures of the Circuit Court. The Department of Corrections, the governing body concerned, other responsible local officials, and fire and health inspection personnel have a right to be present at the hearing and present evidence which the court deems appropriate to determine whether the local confinement facility met the required minimum standards, or appropriate fire and health codes and regulations, or both, on the date of the last inspection. The court may affirm, reverse, or modify the director's order.

HISTORY: 1962 Code Section 55-317; 1970 (56) 2368; 1980 Act No. 419, Section 2; 1993 Act No. 181, Section 435; 1995 Act No. 7, Part IV, Section 73; 2010 Act No. 237, Section 61, eff June 11, 2010.

7/26/2013 VERSION

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