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
Page 2
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