(a) Correctional and governmental authorities should take all practicable actions to reduce violence and the potential for violence in correctional facilities and during transport, including: (i) using a validated objective classification system and instrument as provided in Standard 23-2.2; (ii) preventing crowding as provided in Standard 23-3.1(b); (iii) ensuring adequate and appropriate supervision of prisoners during transport and in all areas of the facility, preferably direct supervision in any congregate areas; (iv) training staff and volunteers appropriately as provided in Standard 23-10.3; (v) preventing introduction of drugs and other contraband, and providing substance abuse treatment as provided in Standard 23-8.2(b); (vi) preventing opportunities for prisoners to exercise coercive authority or control over other prisoners, including through access to another prisoners confidential information; (vii) preventing opportunities for gangs to gain any power; (viii) promptly separating prisoners when one may be in danger from another; (ix) preventing staff from tolerating, condoning, or implicitly or explicitly encouraging fighting, violence, bullying, or extortion; (x) regularly assessing prisoners level of fear of violence and responding accordingly to prisoners concerns; and. At a minimum, a prisoner who has begun or completed the medical process of gender reassignment prior to admission to a correctional facility should be offered treatment necessary to maintain the prisoner at the stage of transition reached at the time of admission, unless a qualified health care professional determines that such treatment is medically inadvisable for the prisoner. The evaluation should also consider the state of the prisoners mental health; address the extent to which the individuals behavior, measured against the plan, justifies the need to maintain, increase, or decrease the level of controls and restrictions in place at the time of the evaluation; and recommend a full classification review as described in subdivision (d) of this Standard when appropriate. A remedy should be reasonably available to prisoners if correctional authorities negligently or intentionally destroy or lose such property. (a) Correctional authorities should allow prisoners to communicate as frequently as practicable in writing with their families, friends, and representatives of outside organizations, including media organizations. Preparation for re-entry should include assistance in locating housing, identifying and finding job opportunities, developing a resume and learning interviewing skills, debt counseling, and developing or resuming healthy family relationships. (c) If a correctional agency contracts for provision of any services or programs, it should ensure that the contract requires the provider to comply with these Standards, including Standard 23-9.1 governing grievances. legal rules produced by judges' decisions. Medical Terminology Quiz 9 (Chapter 14&16) Wo, Anderson's Business Law and the Legal Environment, Comprehensive Volume, David Twomey, Marianne Jennings, Stephanie Greene, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson, Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman, Arthur Getis, Daniel Montello, Mark Bjelland. To the extent practicable, funding, space, and institutional support should be provided for such efforts, and prisoners should be allowed to establish and operate independently-funded publications. (b) Prisoners job assignments should not discriminate on the basis of race, national origin, ethnicity, religion, or disability. (iii) after the risk that justified the use of force has passed. (a) A correctional agency should establish an independent internal audit unit to conduct regular performance auditing and to advise correctional administrators on compliance with established performance indicators, standards, policies, and other internal controls. (vi) at least every four hours, a qualified medical professional should conduct a complete in-person evaluation to determine the prisoners need for either continued restraint or transfer to a medical or mental health facility. (e) Correctional officials should provide programming and activities appropriate for specific types of prisoners, including female prisoners, prisoners who face language or communication barriers or have physical or mental disabilities, prisoners who are under the age of eighteen or geriatric, and prisoners who are serving long sentences or are assigned to segregated housing for extended periods of time. (d) When a prisoner dies, correctional officials should promptly notify the jurisdictions medical examiner of the death and its circumstances; the medical examiner should decide whether an autopsy should be conducted. an officer conducts a hearing on the legality of the complaint after consulting state or federal legal counsel. (b) Correctional authorities should screen each prisoner as soon as possible upon the prisoners admission to a correctional facility to identify issues requiring immediate assessment or attention, such as illness, communicable diseases, mental health problems, drug or alcohol intoxication or withdrawal, ongoing medical treatment, risk of suicide, or special education eligibility. brutality and inhumane living conditions. (d) Correctional administrators and officials should seek accreditation of their facilities and certification of staff from national organizations whose standards reflect best practices in corrections or in correctional sub-specialties. Policies relating to segregation for whatever reason should take account of the special developmental needs of prisoners under the age of eighteen. (b) A prisoner with a criminal charge or removal action pending should be housed in a correctional facility sufficiently near the courthouse where the case will be heard that the preparation of the prisoners defense is not unreasonably impaired. If necessary, housing should be designed for use by prisoners with disabilities; such housing should be in the most integrated setting appropriate for such prisoners. Visitors should not be excluded solely because of a prior criminal conviction, although correctional authorities should be permitted to exclude a visitor if exclusion is reasonable in light of the conduct underlying the visitors conviction. (d) At intervals not to exceed [90 days], a full classification review involving a meeting of the prisoner and the specialized classification committee should occur to determine whether the prisoners progress toward compliance with the individual plan required by subdivision (b) of this Standard or other circumstances warrant a reduction of restrictions, increased programming, or a return to a lower level of custody. (b) When practicable, correctional authorities should prevent prisoners from observing searches and shakedowns of other prisoners cells and property. In developing the re-entry plan, correctional authorities should involve any agency with supervisory authority over the prisoner in the community and, with the prisoners permission, should invite involvement by the prisoners family. . (b) Correctional officials should be permitted to require that prior to publication of an internal newspaper all material be submitted for review by a designated official, and to prohibit the publication or dissemination of material that is obscene or that constitutes a substantial threat to institutional security or order or to the safety of any person. (c) A record should be kept of all facility searches, including documentation of any contraband that is found. (c) To effectuate rehabilitative goals, correctional staff members should have rehabilitative responsibilities in addition to custodial functions. (b) Correctional authorities should permit prisoners to pursue lawful religious practices consistent with their orderly confinement and the security of the facility. (b) When restraints are necessary, correctional authorities should use the least restrictive forms of restraints that are appropriate and should use them only as long as the need exists, not for a pre-determined period of time. Specialized equipment may be required in larger facilities and those serving prisoners with special medical needs. (b) A prisoner in labor should be taken to an appropriate medical facility without delay. Each prisoner, including those in segregated housing, should be offered the opportunity for at least one hour per day of exercise, in the open air if the weather permits. (a) For all staff, correctional administrators and officials should integrate training relating to the mission and core values of the correctional agency with technical training. (g) Correctional administrators and officials should evaluate short and long-term outcomes of programs provided to prisoners and, where permitted by applicable law, should make the evaluations and any underlying aggregated data available upon request to researchers, investigators, and media representatives. (b) Correctional authorities should provide each prisoner, at a minimum, with a bed and mattress off the floor, a writing area and seating, an individual secure storage compartment sufficient in size to hold personal belongings and legal papers, a source of natural light, and light sufficient to permit reading. (iii) include an initial assessment whether the prisoner has any condition that makes the use of chemical agents or electronic weaponry against that prisoner particularly risky, in order to facilitate compliance with Standard 23-5.8(d). (a) The physical plant of a correctional facility should: (i) be adequate to protect and promote the health and safety of prisoners and staff; (iii) include appropriate housing, laundry, health care, food service, visitation, recreation, education, and program space; (iv) have appropriate heating and ventilation systems; (v) not deprive prisoners or staff of natural light, of light sufficient to permit reading throughout prisoners housing areas, or of reasonable darkness during the sleeping hours; (vi) be free from tobacco smoke and excessive noise; (vii) allow unrestricted access for prisoners to potable drinking water and to adequate, clean, reasonably private, and functioning toilets and washbasins; and. (c) Correctional administrators and officials should provide specialized training to staff who work with specific types of prisoners to address the physical, social, and psychological needs of such prisoners, including female prisoners, prisoners who face language or communication barriers or have physical or mental disabilities, prisoners who are under the age of eighteen or geriatric, and prisoners who are serving long sentences or are assigned to segregated housing for extended periods of time. Correctional authorities should prepare a complete file for the chief executive officer of the facility, including a report, any recordings, and written statements and medical reports for both prisoners and staff. (g) Correctional officials should implement internal processes for continually assessing and improving each correctional facility. (e) If correctional officials conduct a disciplinary proceeding during the pendency of a criminal investigation or prosecution, correctional authorities should advise the prisoner of the right to remain silent during the proceeding, and should not use that silence against the prisoner. (a) Correctional authorities should be permitted to physically separate prisoners in segregated housing from other prisoners but should not deprive them of those items or services necessary for the maintenance of psychological and physical wellbeing. (e) If restraints are used for medical or mental health care purposes, the restrained prisoner should, if possible, be placed in a health care area of the correctional facility, and the decision to use, continue, and discontinue restraints should be made by a qualified health care professional, in accordance with applicable licensing regulations. Prisoners should not be required to work more than 40 hours each week, and should be afforded at least one rest day each week and sufficient time apart from work for education and other activities. (c) Subject to the restrictions in Standard 23-8.6, correctional authorities should allow prisoners to produce works of artistic expression and to submit for publication books, articles, creative writing, art, or other contributions to media outside the facility under their own names. Governmental authorities should provide appropriate health care to children in such facilities. B. (c) Instead of isolating prisoners at risk of suicide, correctional authorities should ordinarily place such prisoners in housing areas that are designed to be suicide resistant and that allow staff a full and unobstructed view of the prisoners inside. (d) At a minimum, prisoners presenting a serious risk of suicide should be housed within sight of staff and observed by staff, face-to-face, at irregular intervals of no more than 15 minutes. (a) The term protective custody means housing of a prisoner in segregated housing or under any other substantially greater restrictions than those applicable to the general population with which the prisoner would otherwise be housed, in order to protect the prisoner from harm. 2022 American Bar Association, all rights reserved. They should have opportunities to make suggestions and express concerns, develop innovative practices, and contribute to the agencys institutional planning process. Prisoners should receive credit against any disciplinary sentence for time served in prehearing confinement if prehearing conditions were substantially similar to conditions in disciplinary segregation. If the assessment indicates the presence of a serious mental illness, or a history of serious mental illness and decompensation in segregated settings, the prisoner should be placed in an environment where appropriate treatment can occur. Salaries and benefits should be sufficient to attract and retain qualified staff. (b) Adequate safeguards and oversight procedures should be established for behavioral or biomedical research involving prisoners, including: (i) Prior to implementation, all aspects of the research program, including design, planning, and implementation, should be reviewed and approved, disapproved, or modified as necessary by an established institutional review board that complies with applicable law and that includes a medical ethicist and a prisoners advocate. (e) Consistent with such confidentiality as is required to prevent a significant risk of harm to other persons, a prisoner being evaluated for placement in long-term segregated housing for any reason should be permitted reasonable access to materials considered at both the initial and the periodic reviews, and should be allowed to meet with and submit written statements to persons reviewing the prisoners classification. Except if required for security or safety reasons for a particular prisoner, segregation cells should be equipped in compliance with Standard 23-3.3(b). Ordinarily, only health care staff should administer prescription drugs, except that health care staff should be permitted to authorize prisoners to hold and administer their own asthma inhalers, and to implement other reasonable keep on person drug policies. Each prisoner should have or be provided with transportation to the prisoners reasonable destination and with contact information for all relevant community service providers. However, force does not include a firm hold, or use of hand or leg restraints, or fitting of a stun belt, on an unresisting prisoner. (iii) The institutional review board should ensure that mechanisms exist to closely monitor the progress of the study to detect and address adverse events or unanticipated problems. up until the 1960s the U.S. federal court system practiced a________ policy with respect to corrections; ultimately giving more power and discretion back to individual states correctional systems. A prisoners health care records and medication should travel with the prisoner in the event of a transfer between facilities, including facilities operated by different agencies. (d) In the event of a lockdown of longer than [7 days], a qualified mental health professional should visit the affected housing units at least weekly to observe and talk with prisoners in order to assess their mental health and provide necessary services. No correctional staff member should impede or unreasonably delay a prisoners access to health care staff or treatment. The chief executive of the facility or a higher-ranking correctional administrator should receive reports of all cases in which staff are found to have engaged in misconduct involving prisoners and should have final responsibility for determining the appropriate sanction. (d) Visual searches of a prisoners private bodily areas, whether or not inspection includes the prisoners body cavities, should: (i) be conducted only by trained personnel in a private place out of the sight of other prisoners and of staff not involved in the search, except that a prisoner should be permitted to request that more than one staff member be present; and. (b) A lockdown of more than one day should be imposed only to restore order; to address an imminent threat of violence, disorder, or serious contagion; or to conduct a comprehensive search of the facility. (a) To the extent practicable, a prisoner should be assigned to a facility located within a reasonable distance of the prisoners family or usual residence in order to promote regular visitation by family members and to enhance the likelihood of successful reintegration. (c) Correctional authorities should allow prisoners to purchase or, if they are indigent, to receive without charge materials to support their communications with courts, attorneys, and public officials. (a) Correctional authorities should treat prisoners in a manner that respects their human dignity, and should not subject them to harassment, bullying, or disparaging language or treatment, or to invidious discrimination based on race, gender, sexual orientation, gender identity, religion, language, national origin, citizenship, age, or physical or mental disability. A correctional agency should provide community-based transitional facilities to assist in this reintegration process. In an emergency, or when necessary in a facility in which health care staff are available only part-time, medically trained correctional staff should be permitted to administer prescription drugs at the direction of qualified health care professionals. (a) Governmental authorities should enact legislation to implement and fund compliance with these Standards. A prisoner should be informed of the consequences for the prisoners parental rights of any arrangements contemplated. Regulations relating to the storage of legal material in personal quarters or other areas should be only for purposes of safety or security and should not unreasonably interfere with access to or use of these materials. If convicted capital offenders are separately housed based solely on their sentence, conditions should be comparable to those provided to the general population. B. the time a prisoner spends speaking on the telephone with counsel should not count against any applicable maximum telephone time. (a) For the duration of each prisoners confinement, the prisoner including a prisoner in long-term segregated housing or incarcerated for a term of life imprisonment should be engaged in constructive activities that provide opportunities to develop social and technical skills, prevent idleness and mental deterioration, and prepare the prisoner for eventual release. (d) Health care personnel or correctional authorities should provide information about a prisoners health condition to that prisoners family or other persons designated by the prisoner if the prisoner consents to such disclosure or, unless the prisoner has previously withheld consent, if the prisoners condition renders the prisoner unable to consent or if the prisoner has died. A staff member should report any information relating to corrupt or criminal conduct by other staff directly to the chief executive officer of the facility or to an independent government official with responsibility to investigate correctional misconduct, and should provide any investigator with full and candid information about observed misconduct. Correctional officials should allow a prisoner not receiving home furloughs to have extended visits with the prisoners family in suitable settings, absent an individualized determination that such an extended visit would pose a threat to safety or security. Cut-down tools should be readily available to security personnel, who should be trained in first aid and cardiopulmonary resuscitation, cut-down techniques, and emergency notification procedures. (iii) as a last alternative after other reasonable efforts to resolve the situation have failed. (a) Correctional authorities should provide each prisoner an adequate amount of nutritious, healthful, and palatable food, including at least one hot meal daily. If correctional authorities have applied four- or five-point restraints without the participation of a qualified health care professional or if that professional disagrees with the application of the restraints, correctional authorities should notify the facilitys chief executive office immediately on gaining control of the prisoner. (a) Correctional authorities should ensure that: (i) a qualified health care professional is designated the responsible health authority for each facility, to oversee and direct the provision of health care in that facility; (ii) prisoners are provided necessary health care, including preventive, routine, urgent, and emergency care ; (iii) such care is consistent with community health care standards, including standards relating to privacy except as otherwise specified in these Standards; (iv) special health care protocols are used, when appropriate, for female prisoners, prisoners who have physical or mental disabilities, and prisoners who are under the age of eighteen or geriatric; and. (d) Correctional officials should minimize technical requirements for grievances and should allow prisoners to initiate the grievance process by describing briefly the nature of the complaint and the remedy sought. (c) A prisoner has the right to refuse proffered accommodations related to a disability or other special needs, provided that the refusal does not pose a security or safety risk. (d) The location and storage of firearms should be strictly regulated. (v) be available to the prisoner who is the subject of the records, absent an individualized finding of good cause. (vi) All consent forms should be reviewed and approved by the insti tutional review board before they are presented to the prisoner. (b) Correctional administrators should require staff to participate in a comprehensive pre-service training program, a regular program of in-service training, and specialized training when appropriate. (h) Except in an emergency, such as a natural disaster, no prisoner of a state or local correctional agency should be sent out of state to a private facility pursuant to a contract unless there has been an individualized determination that security of the system or the prisoner requires it, or that the prisoner and the prisoners individualized programming plan and individualized re-entry plan will not be significantly adversely affected by the move. Any claim that a prisoner is refusing treatment for a serious medical or mental health condition should be investigated by a qualified health care professional to ensure that the refusal is informed and voluntary, and not the result of miscommunication or misunderstanding. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints. (i) Correctional agency policies should strive to ensure full staff accountability for all uses of force. (b) Legislative bodies should exercise vigorous oversight of corrections, including conducting regular hearings and visits. (a) Correctional authorities should screen each prisoner as soon as possible upon the prisoners admission to a correctional facility to identify the prisoner's immediate potential security risks, including vulnerability to physical or sexual abuse, and should closely supervise prisoners until screening and follow-up measures are conducted. (d) A prisoner who files a lawsuit with respect to prison conditions but has not exhausted administrative remedies at the time the lawsuit is filed should be permitted to pursue the claim through the grievance process, with the lawsuit stayed for up to [90 days] pending the administrative processing of the claim, after which a prisoner who filed a grievance during the period of the stay should be allowed to proceed with the lawsuit without any procedural bar. Have or be provided with transportation to the prisoners parental rights of arrangements! Be available to prisoners if correctional authorities should provide appropriate health care staff or.. To ensure full staff accountability for all uses of force has passed documentation of any contraband that is.. Informed of the complaint after consulting state or federal legal counsel any arrangements contemplated be taken to an medical! And storage of firearms should be taken to an appropriate medical facility delay... 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