(g) Correctional officials should implement internal processes for continually assessing and improving each correctional facility. 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. C. If a contractor is delegated the authority to classify prisoners, the classification system and instrument should be approved and individual classification decisions reviewed by the contracting agency. (c) Correctional authorities should be permitted to confine a prisoner in segregated housing pending the hearing required by subdivision (d) of this Standard, if necessary for individual safety or institutional security. Copies of the rules and handbook in the languages a facilitys prisoners understand should also be available in areas of the facility readily accessible to prisoners, including libraries. _______are laws that are created by local, state, and federal governments, the number of section 1983 lawsuits among both state and federal prisoners dropped dramatically following the passage of the _________________. (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 officials should implement procedures to identify prisoners at risk for suicide and to intervene to prevent suicides. (d) There should be no adverse consequences, such as loss of sentencing credit for good conduct, discipline, or denial of parole, for a prisoner who is unable to participate in employment, educational opportunities, or programming due to a disability or other special needs that cannot be accommodated. When practicable and consistent with security, a prisoner should be permitted to observe any search of personal property belonging to that prisoner. Correctional authorities should begin to plan for each prisoners eventual release and reintegration into the community from the time of that prisoners admission into the correctional system and facility. Such an officer should be called to the scene whenever force is used, to direct and observe but ordinarily not to participate in the physical application of force, and should not leave the scene until the incident has come to an end. (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. (a) Correctional administrators and officials should authorize and encourage resolution of prisoners complaints and requests on an informal basis whenever possible. According to experts cited in the text, which of the following distinguishes a well-run . It's time to renew your membership and keep access to free CLE, valuable publications and more. It includes the status of being actively suicidal; severe cognitive disorders that result in significant functional impairment; and severe personality disorders that result in significant functional impairment and are marked by frequent episodes of psychosis, depression, or self-injurious behavior. (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. Access to these legal resources should be provided either in a law library or in electronic form, and should be available even to those prisoners who have access to legal services. (iv) fire alarms and other forms of emergency notification that communicate effectively with prisoners with hearing or vision impairments. 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. (i) Governmental authorities should not exempt correctional agencies from their jurisdictions Administrative Procedure Act, Freedom of Information Act, or Public Records Act. (d) When appropriate for purposes of evaluation or treatment, correctional authorities should be permitted to separate from the general population prisoners diagnosed with mental illness, mental retardation, or other cognitive impairments who have difficulty conforming to the expectations of behavior for general population prisoners. For biomedical research that poses only a minimal risk to its participants or for behavioral research, prisoner participation should be allowed only if the research offers potential benefits to prisoners either individually or as a class. (d) Correctional administrators and officials should provide training to volunteers about how to avoid and report inappropriate conduct. Prisoners should also be permitted to purchase hygiene supplies in a commissary. Conditions of extreme isolation generally include a combination of sensory deprivation, lack of contact with other persons, enforced idleness, minimal out-of-cell time, and lack of outdoor recreation. (c) Correctional administrators and officials should strive to employ a work force at each correctional facility that reasonably reflects the racial and ethnic demographics of the prisoner population by engaging in outreach and recruiting efforts to increase the pool of qualified applicants from underrepresented groups and by implementing appropriate retention policies. (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 officials should not unreasonably delay the delivery of these legal documents. Correctional authorities should provide female prisoners job opportunities reasonably similar in nature and scope to those provided male prisoners. 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. (a) A correctional facility should be safe and orderly and should be run in a fair and lawful manner. (iii) Weekly, a qualified mental health professional should observe and seek to talk with each prisoner. (q) The term qualified mental health professional means psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who by virtue of their education, credentials, and experience are permitted by law to evaluate and provide mental health care to patients. (d) Correctional authorities should respect the human rights and dignity of prisoners. (b) When determining whether a pleading or other court filing has stated a legally cognizable claim or complied with other requirements, courts should take into account the challenges faced by pro se prisoners. Correctional authorities should actively encourage prisoner participation in appropriate educational programs. In a prison, the chief executive officer is the person usually termed the warden; in a jail, the chief executive officer might be a sheriff, or might have a title such as superintendent, jailer, or commander. (j) Governmental authorities should provide sufficient resources to implement these Standards. (b) Correctional authorities should make appropriate accommodations for prisoners with special dietary needs for reasons of health or age. (b) A prisoner suffering from a serious or potentially life-threatening illness or injury, or from significant pain, should be referred immediately to a qualified medical professional in accordance with written guidelines. Prescription drugs should be distributed in a timely and confidential manner. Prisoners should be entitled to present any judicially cognizable issue, including: (i) challenges to the legality of their conviction, confinement, extradition, deportation, or removal; (ii) assertions of any rights protected by state or federal constitution, statute, administrative provision, treaty, or common law; (iii) civil legal problems, including those related to family law; and. (a) Classification and housing assignments should not segregate or discriminate based on race unless the consideration of race is narrowly tailored to serve a compelling governmental interest. (a) Correctional authorities should use long-term segregated housing sparingly and should not place or retain prisoners in such housing except for reasons relating to: (i) discipline after a finding that the prisoner has committed a very severe disciplinary infraction, in which safety or security was seriously threatened; (ii) a credible continuing and serious threat to the security of others or to the prisoners own safety; or. 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. Prisoners should be allowed an adequate time to eat each meal. States and the federal government should prohibit by statute and correctional agencies by policy any form of sexual contact between staff and 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. Reasonable steps should be taken during movement to protect restrained prisoners from accidental injury. 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. Grievances should be rejected as procedurally improper only for a reason stated in the written grievance policy made available to prisoners. (h) When practicable, giving due regard to security, public safety, and budgetary constraints, correctional officials should authorize prisoners to leave a correctional facility for compelling humanitarian reasons such as a visit to a dying parent, spouse, or child, either under escort or alone. the prisoner has the right to a hearing before a felony trial judge. (c) Any accommodation made to address the special needs or risks of a prisoner with a communicable disease should not unnecessarily reveal that prisoners health condition. (iv) any other form of cruel, inhuman, or degrading treatment. (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. Correctional policies regarding electronic communication by prisoners should consider public safety, institutional security, and prisoners interest in ready communication. (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. Copyright by the American Bar Association. (c) To effectuate rehabilitative goals, correctional staff members should have rehabilitative responsibilities in addition to custodial functions. Correctional officials should annually review and update the handbooks provided to prisoners to ensure that they comport with current legal standards, facility and agency rules, and practice. (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. 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. more than half of the inmates on death row are _____________, in ______ the supreme court ruled that offenders cannot be sentenced to death for a crime they committed before they reached the age of 18, an ________________is a public official with full authority to investigate citizens complaints against government officials, with respect to inmate grievances, it is believed that the most difficult type of situation to resolve is _______. 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) The term chief executive officer of the facility means the correctional official with command authority over a particular correctional facility. (b) Correctional authorities should provide prisoners with clean, appropriately sized clothing suited to the season and facility temperature and to the prisoners work assignment and gender, in quantities sufficient to allow for a daily change of clothing. Searches of prisoners bodies should follow a written protocol that implements this Standard. (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. Single-occupancy cells should be the preferred form of prisoner housing. (d) Correctional authorities should be permitted to reasonably restrict, but not eliminate, counsel visits, clergy visits, and written communication if a prisoner has engaged in misconduct directly related to such visits or communications. 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. If convicted capital offenders are separately housed based solely on their sentence, conditions should be comparable to those provided to the general population. Except in unusual circumstances, such as a study of a condition that is solely or almost solely found among incarcerated populations, at least half the subjects involved in any behavioral or biomedical research in which prisoner participation is sought should be non-prisoners. Prisoners should receive opportunities to mend and machine launder their clothing if the facility does not provide these services. Correctional authorities should take steps necessary to protect the prisoner from further sexual assaults, contacts, or exploitation. Prisoners work assignments, including community service assignments, should teach vocational skills that will assist them in finding employment upon release, should instill a work ethic, and should respect prisoners human dignity. (c) Prisoners should not be required to demonstrate a physical injury in order to recover for mental or emotional injuries caused by cruel and unusual punishment or other illegal conduct. 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. For a pdf version of the publication, Click Here. 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. Correctional authorities should memorialize and facilitate review of uses of force. Governmental authorities should strive to locate correctional facilities near the population centers from which the bulk of their prisoners are drawn, and in communities where there are resources to supplement treatment programs for prisoners and to provide staff for security, programming, and treatment. 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. Governmental authorities should ordinarily allow a prisoner who gives birth while in a correctional facility or who already has an infant at the time she is admitted to a correctional facility to keep the infant with her for a reasonable time, preferably on extended furlough or in an appropriate community facility or, if that is not practicable or reasonable, in a nursery at a correctional facility that is staffed by qualified persons. (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. In no instance should a prisoner administer prescription drugs to another prisoner. (b) Correctional authorities should allow prisoners to receive or access magazines, soft- or hard-cover books, newspapers, and other written materials, including documents printed from the Internet, subject to the restrictions in subdivisions (c) and (d) of this Standard. (c) Correctional authorities should implement policies and practices to enable a prisoners confidential contact and communication with counsel that incorporate the following provisions: (i) For letters or other documents sent or passed between counsel and a prisoner: A. correctional authorities should not read the letter or document, and should search only for physical contraband; and. (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) Correctional authorities should treat all visitors respectfully and should accommodate their visits to the extent practicable, especially when they have traveled a significant distance. Correctional authorities should allow legislators who sit on correctional oversight committees to speak privately with staff and prisoners. (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. (c) Correctional authorities should allow professionally accredited journalists reasonable use of notebooks, writing implements, video and still cameras, and audio recorders. (a) Governmental authorities should enact legislation to implement and fund compliance with these Standards. Prisoners should also have regular access to a variety of broadcast media to enable them to remain informed about public affairs. (f) A prisoner should be permitted to waive the right to a hearing if the prisoner so chooses after being informed of the disciplinary offense of which he or she is accused and the potential penalties and other consequences; such a waiver should be made in person to a designated correctional official who should accept it only if the prisoner understands the consequences. (h) Following any incident in which a prisoner is subjected to use of either chemical agents or any kind of weapon or is injured during a use of force, the prisoner should receive an immediate health care examination and appropriate treatment, including decontamination. (iv) assertions of a defense to any action brought against them. 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. In addition, the handbook should set forth the facilitys policy forbidding staff sexual contact or exploitation of prisoners, and the procedures for making complaints, filing grievances, and appealing grievance denials, as well as describing any types of complaints deemed not properly the subject of the grievance procedures. A prisoner diagnosed with gender identity disorder should be offered appropriate treatment. Correctional authorities should make reasonable accommodations for religion and disability with respect to job requirements and sites. Absent an individualized finding that security would be compromised, such treatment should take place out of cell, in a setting in which security staff cannot overhear the conversation. Substantial educational or rehabilitative programs can substitute for employment of the same duration. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints. Physical restraints should be used only as a last resort and their use should comply with the limitations in Standard 23-5.9. (m) The term effective notice means notice in a language understood by the prisoner who receives the notice; if that prisoner is unable to read, effective notice requires correctional staff to read and explain the relevant information, using an interpreter if necessary. Any such search should be conducted by a trained health care professional who does not have a provider-patient relationship with the prisoner, and should be conducted in a private area devoted to the provision of medical care and out of the sight of others, except that a prisoner should be permitted to request that more than one staff member be present. (v) forbid the use of electronic weaponry in drive-stun or direct contact mode. (vi) All consent forms should be reviewed and approved by the insti tutional review board before they are presented to the prisoner. Correctional officials should set forth any applicable restrictions in a written policy. (a) In no case should restrictions relating to a prisoners programming or other privileges, whether imposed as a disciplinary sanction or otherwise, detrimentally alter a prisoners: (i) exposure to sufficient light to permit reading in the prisoners housing area, and reasonable darkness during the sleeping hours; (iv) exposure to either unusual amounts of noise or to auditory isolation; (vi) access to medication or medical devices or other health care; (vii) nutrition, except as permitted by Standard 23-3.4(c); (ix) counsel or clergy visits, or written communication with family members, except as provided in subdivision (d) of this Standard. (n) The term health care means the diagnosis and treatment of medical, dental, and mental health problems. (a) A correctional facility should provide prisoners reasonable access to updated legal research resources relevant to prisoners common legal needs, including an appropriate collection of primary legal materials, secondary resources such as treatises and self-help manuals, applicable court rules, and legal forms. Correctional authorities should safely accommodate prisoners who are particularly vulnerable to heat-related illness or infectious disease, or are otherwise medically vulnerable. Governmental authorities should make every effort to house all prisoners in need of secure confinement in publicly operated correctional facilities. Correctional authorities should use the least intrusive appropriate means to search a prisoner. Consistent with Standard 23-2.5, routine preventive dental care and education about oral health care should be provided to those prisoners whose confinement may exceed one year. (a) To the extent practicable and consistent with prisoner and staff safety, correctional authorities should minimize the periods during the day in which prisoners are required to remain in their cells. (c) If a classification decision has an impact on a prisoners release date or ability to participate in facility programs, correctional authorities should provide the prisoner an opportunity to request reconsideration and at least one level of appeal. In need of secure confinement in publicly operated correctional facilities safely accommodate prisoners who are particularly vulnerable heat-related. Enact legislation to implement and fund compliance with these Standards prisoner has the right to a hearing before a trial! A last resort and their use should comply with the limitations in Standard.. From further sexual assaults, contacts, or exploitation eat each meal CLE, valuable publications and more encourage participation. 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