(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. Staff should explain and read the rules and the handbook to any prisoner unable to read them by reason of illiteracy or disability. (c) Each state legislature should establish an authority to promulgate and enforce standards applicable to jails and local detention facilities in the state. (i) A lack of resources should not excuse treatment or conditions that violate prisoners constitutional or statutory rights. e) The term correctional facility means any place of adult criminal detention, including a prison, jail, or other facility operated by or on behalf of a correctional or law enforcement agency, without regard to whether such a facility is publicly or privately owned or operated. Involuntary testing or treatment should be permitted only if: (i) there is a significant risk of the spread of disease; (ii) no less intrusive alternative is available; and. The contract should state its duration and scope positively and definitely; incorporate professional standards and require the provider to meet these Standards; incorporate terms governing the appropriate treatment of prisoners, conditions of facilities, and provisions for oversight; and provide a continuum of sanctions for noncompliance including immediate termination of the contract on terms with no financial detriment for the government agency. (e) Correctional authorities should not be assigned responsibilities potentially requiring the use of force unless they are appropriately trained for the anticipated type of force, and are initially and periodically evaluated as being physically and mentally fit for such hazardous and sensitive duties. (d) When practicable, before using either chemical agents or electronic weaponry against a prisoner, staff should determine whether the prisoner has any contraindicating medical conditions, including mental illness and intoxication, and make a contemporaneous record of this determination. (e) Governmental and correctional authorities should strive to meet the legitimate needs of prisoner mothers and their infants, including a prisoners desire to breastfeed her child. an officer conducts a hearing on the legality of the complaint after consulting state or federal legal counsel. A prisoner should not be restrained while she is in labor, including during transport, except in extraordinary circumstances after an individualized finding that security requires restraint, in which event correctional and health care staff should cooperate to use the least restrictive restraints necessary for security, which should not interfere with the prisoners labor. (c) Deadly force to prevent an escape should be permitted only when the prisoner is about to leave the secure perimeter of a correctional facility without authorization or, if the prisoner is permitted to be on the grounds outside the secure perimeter, the prisoner is about to leave the facility grounds without authorization. Correctional authorities carrying firearms should not be assigned to positions that are accessible to prisoners or in which they come into direct contact with prisoners, except during transport or supervision of prisoners outside the secure perimeter, or in emergency situations. Except in the event of an emergency lockdown of less than [72 hours] in which security necessitates denial of such access, prisoners should be afforded access to showers, correspondence, delivery of legal materials, and grievance procedures. A correctional facility should store all prescription drugs safely and under the control and supervision of the physician in charge of the facilitys health care program. (c) Correctional authorities should provide sufficient access to showers at an appropriate temperature to enable each prisoner to shower as frequently as necessary to maintain general hygiene. (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) Correctional administrators and officials should authorize and encourage resolution of prisoners complaints and requests on an informal basis whenever possible. (vi) All consent forms should be reviewed and approved by the insti tutional review board before they are presented to the prisoner. 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. (f) When staff observe a prisoner who appears to have attempted or committed suicide, they should administer appropriate first-aid measures immediately until medical personnel arrive and assess the situation. (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. (b) When practicable, correctional authorities should prevent prisoners from observing searches and shakedowns of other prisoners cells and property. (c) The mental health of prisoners in long-term segregated housing should be monitored as follows: (i) Daily, correctional staff should maintain a log documenting prisoners behavior. B. correctional authorities should conduct such a search only in the presence of the prisoner to or from whom the letter or document is addressed. Training programs should equip staff to: (i) maintain order while treating prisoners with respect, and communicate effectively with prisoners; (ii) follow security requirements, conduct searches, and use technology appropriately; (iii) use non-force techniques for avoiding and resolving conflicts, and comply with the agencys policy on use of force; (iv) identify and respond to medical and mental health emergencies, recognize and report the signs and symptoms of mental disability and suicide risk, and secure appropriate medical and mental health services; A. detect and respond to signs of threatened and actual physical and sexual assault and sexual pressure against prisoners; (vi) avoid inappropriate relationships, including sexual contact, with prisoners; (vii) understand the legal rights of prisoners relevant to their professional duties; (viii) facilitate prisoner use of the grievance process, and understand that processs benefits for correctional staff and facilities; (ix) maintain appropriate records, including clear and accurate reports; and. (g) Governmental authorities should establish home furlough programs, giving due regard to institutional security and community safety, to enable prisoners to maintain and strengthen family and community ties. (a) Subject to the provisions of this Standard, prisoners should not be prohibited from participating in therapeutic behavioral or biomedical research if the potential benefits to prisoners outweigh the risks involved. Grievances should be rejected as procedurally improper only for a reason stated in the written grievance policy made available to prisoners. Placement and programming assignments for such a prisoner should be reassessed at least twice each year to review any threats to safety experienced by the prisoner. When medically necessary, correctional authorities should be permitted to place a prisoner with a readily transmissible contagious disease in appropriate medical isolation or to restrict such a prisoner in other ways to prevent contagion of others. (b) A correctional agency should designate an internal unit, answerable to the head of the agency, to be responsible for investigating allegations of serious staff misconduct, including misconduct against prisoners, and for referring appropriate cases for administrative disciplinary measures or criminal prosecution. (b) Correctional authorities should implement policies and practices to prevent any such discrimination, harassment, or bullying of prisoners by other prisoners. (h) Correctional agencies should work together to develop uniform national definitions and methods of defining, collecting, and reporting accurate and complete data. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints. Correctional authorities should be permitted to censor material if it could be censored in publications sent to prisoners through the mail. In those situations, each staff member should also have available for use a weapon less likely to be lethal. (g) A record should be kept documenting any digital or instrumental anal or vaginal cavity search and any other body search in which property is confiscated. (c) A record should be kept of all facility searches, including documentation of any contraband that is found. 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. The term correctional facility does not include a facility that serves solely as an immigration detention facility, a juvenile detention facility, or a juvenile correctional facility. the courts have recognized all of the following specific interests as justifying some restrictions on the constitutional rights of prisoners, except: in _______ the supreme court ruled juries, not judges, must make the crucial factual decisions on whether a convicted murderer should receive the death penalty. (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. (b) Prisoners should have the right to refuse requests for interviews and should be notified of that right and given an opportunity to consult with counsel, if they have counsel, prior to an interview. (a) The term chief executive officer of the facility means the correctional official with command authority over a particular correctional facility. all of the following are considered to be alternatives to inmate litigation, except; in hudson v. palmer (1984) the supreme court held that the rules of the _____amendment do not apply to a search of a convicted prisoners cell. (a) Correctional authorities should be permitted to impose a range of disciplinary sanctions to maintain order and ensure the safe custody of prisoners. (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. (b) Prisoners should not be charged fees for necessary health care. Correctional officials should implement a policy of prompt and thorough investigation of any credible allegation of the threat or commission of prisoner sexual assault or sexual contact with or sexual exploitation by staff. (b) Correctional authorities should provide prisoners with hearing or speech impairments ready access to telecommunications devices for the deaf or comparable equipment and to telephones with volume control, and should facilitate prisoners telephonic communication with persons in the community who have such disabilities. (c) A jurisdiction that enters into a contract with a private entity for the operation of a correctional facility should maintain the ability to house its prisoners in other facilities if termination of the contract for noncompliance proves necessary. In addition, the prisoner should be afforded, at a minimum, the following procedural protections: (i) at least 24 hours in advance of any hearing, written and effective notice of the actions alleged to have been committed, the rule alleged to have been violated by those actions, and the prisoners rights under this Standard; (iii) a hearing at which the prisoner may be heard in person and, absent an individualized determination of good cause, has a reasonable opportunity to present available witnesses and documentary and physical evidence; (vi) if the decision-maker determines that a prisoner is unable to prepare and present evidence and arguments effectively on his or her own behalf, counsel or some other advocate for the prisoner, including a member of the correctional staff or another prisoner with suitable capabilities; (vii) an independent determination by the decision-maker of the reliability and credibility of any confidential informants; (viii) a written statement setting forth the evidence relied on and the reasons for the decision and the sanction imposed, rendered promptly but no later than [5 days] after conclusion of the hearing except in exceptional circumstances where good cause for the delay exists; and. In Wolff vs. McDonnell (1974) the court created four legal procedures to enhance the protection of an inmate who has been accused of a serious prison violation. D. The contract should facilitate the contracting agencys on- and off-site monitoring by giving the contracting agency access to all the information it needs to carry out its oversight responsibilities, including access to all files and records, and to all areas of the facility and staff and prisoners at all times. (a) A correctional facility should provide appropriate and individualized mental health care treatment and habilitation services to prisoners with mental illness, mental retardation, or other cognitive impairments. (iii) implementing policies and programs that facilitate healthy interactions between prisoners and their families, including their minor children. (f) Whenever possible, p risoners should be released from a correctional facility at a reasonable time of day. (f) Consistent with such confidentiality as is required to prevent a significant risk of harm to other persons, a prisoner being evaluated for involuntary placement in protective custody 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. Prisoners should be permitted to form or join organizations whose purposes are lawful and consistent with legitimate penological objectives. (b) Imprisonment should prepare prisoners to live law-abiding lives upon release. (a) Correctional authorities should provide prisoners living quarters of adequate size. (e) In an emergency situation requiring the immediate involuntary medication of a prisoner with serious mental illness, an exception to the procedural requirements described in subdivision (d) of this Standard should be permitted, provided that the medication is administered by a qualified health care professional and that it is discontinued within 72 hours unless the requirements in subdivision (d) of this Standard are met. (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. Where applicable law does not provide for all such prisoners to be transferred to the care and control of a juvenile justice agency, a correctional agency should provide specialized facilities and programs to meet the education, special education, and other needs of this population. Correctional authorities should not presume that sexual activity among prisoners is consensual. A correctional agency should provide community-based transitional facilities to assist in this reintegration process. Correctional authorities should use the least intrusive appropriate means to search a prisoner. a judicial order asking correctional officials to produce the prisoner and to give reasons to justify continued confinement is called a writ of _______________, Inmates who assist other inmates in the preparation of legal documents or give other help in legal matters are referred to as. (c) Correctional officials should implement any appropriate facility-specific restrictions on use of chemical agents and electronic weaponry that are appropriate for the particular facility and its prisoner population, and should promulgate policy that sets forth in detail the circumstances in which such weapons may be used. (h) Governmental authorities should implement policies that allow government benefits, including health benefits, to be restored to prisoners immediately upon release, and correctional officials should ensure that correctional authorities or community service providers assist prisonersespecially prisoners with mental disabilities or significant health care needsin preparing and submitting appropriate benefits applications sufficiently in advance of their anticipated release date to meet this objective and facilitate continuity of care. Work assignments, housing placements, and diets for each prisoner should be consistent with any health care treatment plan developed for that prisoner. All other information should be disclosed only upon the prisoners written consent unless: (i) a government official specifies in writing the particular information desired, the officials agency is authorized by law to request that information, and the disclosure of the information is appropriately limited to protect the prisoners privacy; (ii) the material is sought only for statistical, research, or reporting purposes and is not in a form containing the prisoners name, number, symbol, or other information that might identify the prisoner; (iii) the disclosure is made pursuant to a valid court order or subpoena, or is otherwise required by law; or. ], Standard 23-1.1 General principles governing imprisonment, Standard 23-2.3 Classification procedures, Standard 23-2.4 Special classification issues, Standard 23-2.6 Rationales for segregated housing, Standard 23-2.7 Rationales for long-term segregated housing, Standard 23-2.8 Segregated housing and mental health, Standard 23-2.9 Procedures for placement and retention in long-term segregated housing, Standard 23-3.1 Physical plant and environmental conditions, Standard 23-3.2 Conditions for special types of prisoners, Standard 23-3.6 Recreation and out-of-cell time, Standard 23-3.7 Restrictions relating to programming and privileges, Standard 23-3.9 Conditions during lockdown, Standard 23-4.1 Rules of conduct and informational handbook, Standard 23-4.2 Disciplinary hearing procedures, Standard 23-5.1 Personal security and protection from harm, Standard 23-5.2 Prevention and investigation of violence, Standard 23-5.4 Self-harm and suicide prevention, Standard 23-5.5 Protection of vulnerable prisoners, Standard 23-5.8 Use of chemical agents, electronic weaponry, and canines, Standard 23-5.9 Use of restraint mechanisms and techniques, Standard 23-6.1 General principles governing health care, Standard 23-6.2 Response to prisoner health care needs, Standard 23-6.3 Control and distribution of prescription drugs, Standard 23-6.4 Qualified health care staff, Standard 23-6.6 Adequate facilities, equipment, and resources, Standard 23-6.8 Health care records and confidentiality, Standard 23-6.9 Pregnant prisoners and new mothers, Standard 23-6.11 Services for prisoners with mental disabilities, Standard 23-6.12 Prisoners with chronic or communicable diseases, Standard 23-6.13 Prisoners with gender identity disorder, Standard 23-6.14 Voluntary and informed consent to treatment, Standard 23-6.15 Involuntary mental health treatment and transfer, Standard 23-7.2 Prisoners with disabilities and other special needs, Standard 23-7.5 Communication and expression, Standard 23-7.7 Records and confidentiality, Standard 23-7.9 Searches of prisoners bodies, Standard 23-7.10 Cross-gender supervision, Standard 23-7.11 Prisoners as subjects of behavioral or biomedical research, Standard 23-8.8 Fees and financial obligations, Standard 23-8.9 Transition to the community, Standard 23-9.2 Access to the judicial process, Standard 23-9.3 Judicial review of prisoner complaints, Standard 23-9.4 Access to legal and consular services, Standard 23-9.5 Access to legal materials and information, Standard 23-10.2 Personnel policy and practice, Standard 23-10.5 Privately operated correctional facilities, Standard 23-11.2 External regulation and investigation, Standard 23-11.3 External monitoring and inspection, Standard 23-11.4 Legislative oversight and accountability, Standard 23-11.5 Media access to correctional facilities and prisoners, ABA Criminal Justice Standards on Treatment of Prisoners (Approved by ABA House of Delegates, Feb. 2010), Correctional agencies, facilities, staff, and prisoners. (c) Regardless of any training a prisoner may have had, no prisoner should be allowed to provide health care evaluation or treatment to any other prisoner. The ____________ is a prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management. In February 2010, the ABA House of Delegates approved a set of ABA Criminal Justice Standards on Treatment of Prisoners.These Standards supplant the previous ABA Criminal Justice Standards on the Legal Status of Prisoners and, in addition, new Standard 23-6.15 supplants Standards 7-10.2 and 7-10.5 through 7-10.9 of the ABA Criminal Justice Mental Health Standards. (c) Correctional authorities should prevent co-mingling of restrained and unrestrained prisoners either in a correctional facility or during transport. To the extent practicable, continually operating stationary video cameras should be used in areas in which uses of force are particularly likely, such as intake areas, segregation, and mental health units. (b) A correctional agency should allow a prisoner to examine and copy information in the prisoners file, challenge its accuracy, and request its amendment. (f) Correctional staff should monitor and assess any health or safety concerns related to the refusal of a prisoner in segregated housing to eat or drink, or to participate in programming, recreation, or out-of-cell activity. If a complaining prisoner and the subject of the complaint are separated during any such investigation, care should be taken to minimize conditions for the complaining prisoner that a reasonable person would experience as punitive. Modifications are not required if they would pose an undue burden to the facility, cause a fundamental alteration to a program, or pose a direct threat of substantial harm to the health and safety of the prisoner or others. Prisoners should also be permitted to purchase hygiene supplies in a commissary. This Standards can also be purchased in a book format. Each prisoner should have or be provided with transportation to the prisoners reasonable destination and with contact information for all relevant community service providers. (a) Governmental authorities should allow prisoners to produce newspapers and other communications media for the dissemination of information, opinions, and other material of interest, and to distribute such media to the prisoner population and to the general public. The standard menu should not be varied for any prisoner without the prisoners consent, except that alternative food should be permitted for a limited period for a prisoner in segregated housing who has used food or food service equipment in a manner that is hazardous to the prisoner or others, provided that the food supplied is healthful, palatable, and meets basic nutritional requirements. [Use the navigation bar on the left side to go to a specific Part of Standard. (a) If a prisoner with a disability is otherwise qualified to use a correctional facility, program, service, or activity, correctional authorities should provide such a prisoner ready access to and use of the facility, program, service, or activity, and should make reasonable modifications to existing policies, procedures, and facilities if such modifications are necessary. (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. (iii) necessary interpretive services during disciplinary proceedings or other hearings, for processes by which a prisoner may lodge a complaint about staff misconduct or concerns about safety, and during provision of health care. Habeas Corpus. (k) The term prisoner means any person incarcerated in a correctional facility. Correctional officials should be permitted to impose reasonable page limits and limitations on receipt of bound materials from sources other than their publisher, but should not require that items be mailed using particular rates or particular means of payment. (ix) an appropriate individual and, when appropriate, systemic remedy if the grievance is determined to be well-founded. (c) A prisoner who refuses testing or treatment for a serious communicable disease should be housed in a medically appropriate setting until a qualified health care professional can ascertain whether the prisoner is contagious. (c) The handbook required by Standard 23-4.1 should advise prisoners about the potential legal consequences of a failure to use the institutional grievance procedures. A facility that confines female prisoners should have on duty at all times adequate numbers of female staff to comply with Standard 23-7.10. If such enterprises are for-profit firms, prisoners should be paid at least minimum wage for their work. (a) Where consistent with applicable law, correctional authorities should be permitted to release without a prisoners consent basic identifying information about the prisoner and information about the prisoners crime of conviction, sentence, place of incarceration, and release date. Prisoners whose health or institutional adjustment would otherwise be adversely affected should be provided with medical prosthetic devices or other impairment-related aids, such as eyeglasses, hearing aids, or wheelchairs, except when there has been an individualized finding that such an aid would be inconsistent with security or safety. This work (Criminal Justice Standards) may be used for non-profit educational and training purposes and legal reform (legislative, judicial, and executive) without written permission but with a citation to this source. On duty at all times adequate numbers of female staff to comply with 23-7.10... With contact information for all relevant community service providers governance theory which states that prison disorder results from,! Should be permitted to purchase hygiene supplies a judicial order asking correctional officers to produce a correctional facility at a reasonable time of day, each member... 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