Correctional officials should establish criteria for forwarding such reports to a specialized unit trained in the appropriate investigation methods. (b) Correctional officials should provide prisoners opportunities to make suggestions to improve correctional programs and conditions. No prisoner should have access to any other prisoners health care records. If public transportation to a correctional facility is not available, correctional officials should work with transportation authorities to facilitate the provision of such transportation. Prisoners should be permitted to form or join organizations whose purposes are lawful and consistent with legitimate penological objectives. 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. (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. (b) Except in exigent situations, a search of a prisoners body, including a pat-down search or a visual search of the prisoners private bodily areas, should be conducted by correctional staff of the same gender as the prisoner. (e) A prisoner should be informed if correctional authorities deny the prisoner permission to send or receive any publication or piece of correspondence and should be told the basis for the denial and afforded an opportunity to appeal the denial to an impartial correctional administrator. (f) Correctional officials should facilitate and promote visiting by providing visitors travel guidance, directions, and information about visiting hours, attire, and other rules. (e) Core correctional functions of determining the length and location of a prisoners confinement, including decisions relating to prisoner discipline, transfer, length of imprisonment, and temporary or permanent release, should never be delegated to a private entity. (a) Correctional agencies and facilities should provide housing options with conditions of confinement appropriate to meet the protection, programming, and treatment needs of special types of prisoners, including female prisoners, prisoners who have physical or mental disabilities or communicable diseases, and prisoners who are under the age of eighteen or geriatric. (d) A correctional facility should have or provide adequate access to a library for the use of all prisoners, adequately stocked with a wide range of both recreational and educational resources, books, current newspapers, and other periodicals. Prisoners currently threatening or attempting suicide should be under continuous staff observation. Each correctional facility should employ sufficient numbers of men and women to comply with Standard 23-7.10. (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). (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. a. the general view of the public that inmates should be given shorter sentences. (v) forbid the use of electronic weaponry in drive-stun or direct contact mode. (e) Correctional authorities should minimize the risk of suicide in housing areas and other spaces where prisoners may be unobserved by staff by eliminating, to the extent practicable, physical features that facilitate suicide attempts. (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. (b) If necessary for an investigation or the reasonable needs of law enforcement or prosecuting authorities, correctional authorities should be permitted to confine a prisoner under investigation for possible criminal violations in segregated housing for a period no more than [30 days]. Segregated housing should be for the briefest term and under the least restrictive conditions practicable and consistent with the rationale for placement and with the progress achieved by the prisoner. 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. (d) Correctional authorities should allow prisoners to acquire personal law books and other legal research material and to prepare and retain legal documents. (ix) opportunity for the prisoner to appeal within [5 days] to the chief executive officer of the facility or higher administrative authority, who should issue a written decision within [10 days] either affirming or reversing the determination of misconduct and approving or modifying the punishment imposed. As the situation improves, privileges and activities for the affected area should be progressively increased. (c) In an emergency situation requiring the immediate involuntary transfer of a prisoner with serious mental illness to a dedicated mental health facility because of a serious and imminent risk to the safety of the prisoner or others, the chief executive of a correctional facility should be authorized to order such a transfer, but the procedural protections set out in subdivision (b) of this Standard should be provided within [7 days] after the transfer. 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. (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. (d) The handbook should specify the authorized means by which prisoners should seek information, make requests, obtain medical or mental health care, seek an accommodation relating to disability or religion, report an assault or threat, and seek protection. (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. Correctional authorities should be permitted to examine legal materials received or retained by a prisoner for physical contraband. 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. (g) If correctional authorities assign a prisoner to protective custody, such a prisoner should be: (i) housed in the least restrictive environment practicable, in segregated housing only if necessary, and in no case in a setting that is used for disciplinary housing; (ii) allowed all of the items usually authorized for general population prisoners; (iii) provided opportunities to participate in programming and work as described in Standards 23-8.2 and 8.4; and. (iii) internal and external oversight of correctional operations. (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. Prisoners should be allowed to receive any visitor not excluded by correctional officials for good cause. 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. (f) A correctional facility should be appropriately staffed. The agency should implement a system to monitor compliance with the contract, and to hold the contracted provider accountable for any deficiencies. Searches of prisoners bodies should follow a written protocol that implements this Standard. (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. (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. (e) For prisoners whose confinement extends more than [30 days], correctional authorities should allow contact visits between prisoners and their visitors, especially minor children, absent an individualized determination that a contact visit between a particular prisoner and a particular visitor poses a danger to a criminal investigation or trial, institutional security, or the safety of any person. (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. (c) As required by subdivision (b) of this Standard, correctional authorities should provide prisoners with diets of nutritious food consistent with their sincerely held religious beliefs. 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. (c) Governmental authorities should facilitate access to abortion services for a prisoner who decides to exercise her right to an abortion, as that right is defined by state and federal law, through prompt scheduling of the procedure upon request and through the provision of transportation to a facility providing such services. 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. (d) Prisoners employed by a correctional facility should be compensated in order to create incentives that encourage work habits and attitudes suitable for post-release employment. 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. (ii) For meetings between counsel and a prisoner: A. absent an individualized finding that security requires otherwise, counsel should be allowed to have direct contact with a prisoner who is a client, prospective client, or witness, and should not be required to communicate with such a prisoner through a glass or other barrier; B. counsel should be allowed to meet with a prisoner in a setting where their conversation cannot be overheard by staff or other prisoners; C. meetings or conversations between counsel and a prisoner should not be audio recorded by correctional authorities; D. during a meeting with a prisoner, counsel should be allowed to pass previously searched papers to and from the prisoner without intermediate handling of those papers by correctional authorities; E. correctional authorities should be allowed to search a prisoner before and after such a meeting for physical contraband, including by performing a visual search of a prisoners private bodily areas that complies with Standard 23-7.9; F. rules governing counsel visits should be as flexible as practicable in allowing counsel adequate time to meet with a prisoner who is a client, prospective client, or witness, including such a prisoner who is for any reason in a segregated housing area, and should allow meetings to occur at any reasonable time of day or day of the week; and. (f) Correctional authorities should permit each prisoner to take full advantage of available opportunities to earn credit toward the prisoners sentence through participation in work, education, treatment, and other programming. 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. 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. (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. Government-funded legal services organizations should be permitted to provide legal services to prisoners without limitation as to the subject matter or the nature of the relief sought. (b) Legislative bodies should exercise vigorous oversight of corrections, including conducting regular hearings and visits. Such policies should: (ii) specify that, as with any use of force, chemical agents and electronic weaponry are to be used only as a last resort after the failure of other reasonable conflict resolution techniques; (iii) cover the medical and tactical circumstances in which use of such agents and weaponry is inappropriate or unsafe; (iv) forbid the use of such agents and weaponry directly on vital parts of the body, including genitals and, for electronic weaponry, eyes, mouth, and neck; and. (d) If a correctional staff member discovers a breach of security; a threat to prisoner, staff, or public safety; or some other actual or threatened harm to a prisoner, staff, or the public, the correctional staff member should report that discovery promptly to a supervisor. (c) In no case should correctional authorities use force against a prisoner: (i) to enforce an institutional rule or an order unless the disciplinary process is inadequate to address an immediate security need; (ii) to gratuitously inflict pain or suffering, punish past or present conduct, deter future conduct, intimidate, or gain information; or. (h) A correctional facility should be monitored and regularly inspected by independent government entities. (e) Correctional authorities should provide each convicted prisoner being released to the community with: (i) specific information about when and how to contact any agency having supervisory responsibility for the prisoner in the community; (ii) general information about the collateral sanctions and disqualifications that may apply because of the prisoners conviction, and where to get more details; and. The provisions of this Standard applicable to counsel apply equally to consular officials for prisoners who are not United States citizens. (a) A correctional agency should have clear rules of conduct for staff and guidelines for disciplinary sanctions, including progressive sanctions for repeated misconduct involving prisoners. Work assignments, housing placements, and diets for each prisoner should be consistent with any health care treatment plan developed for that prisoner. (d) Correctional authorities should review the classification of a prisoner housed in a prison at least every [12 months], and the classification of a prisoner housed in a jail at least every [90 days]. (e) A correctional agencys grievance procedure should be designed to instill the confidence of prisoners and correctional authorities in the effectiveness of the process, and its success in this regard should be periodically evaluated. (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 competent prisoner who refuses food should not be force-fed except pursuant to a court order. (b) Within [30 days] of a prisoners placement in long-term segregated housing based on a finding that the prisoner presents a continuing and serious threat to the security of others, correctional authorities should develop an individualized plan for the prisoner. (c) Correctional authorities should provide each prisoner released to the community with a written health care discharge plan that identifies medical and mental health services available to the prisoner in the community. (c) Information given by a prisoner to any employee of the correctional authority in a designated counseling relationship under a representation of confidentiality should be privileged, except if the information concerns a contemplated crime or disclosure is required by law. (x) perform the above functions in a way that promotes the health and safety of staff. Correctional authorities, including health care staff, should be alert to identify and document signs of sexual assault and should implement a protocol for providing victims with a thorough forensic medical examination performed by an appropriately trained qualified medical professional. (iv) review all records, except that special procedures may be implemented for highly confidential information. which of the following is NOT one of the 3 steps most corrections systems use when handling the inmate grievance process? (e) Upon request by a court, correctional authorities should facilitate a prisoners participationin person or using telecommunications technologyin legal proceedings. (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) 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. This agency, which should be permitted to be the same entity responsible for investigations conducted pursuant to Standard 23-11.2(b), should anticipate and detect systemic problems affecting prisoners, monitor issues of continuing concern, identify best practices within facilities, and make recommendations for improvement. (c) Each state legislature should establish an authority to promulgate and enforce standards applicable to jails and local detention facilities in the state. Prisoners should receive opportunities to mend and machine launder their clothing if the facility does not provide these services. (e) Correctional officials should be permitted to contract with private enterprises to establish industrial and service programs to employ prisoners within a correctional facility, and goods and services produced should be permitted to freely enter interstate commerce. Following any incident that involves a use of force against a prisoner, participants and witnesses should be interviewed or should file written statements. 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. (c) Pat-down searches and other clothed body searches should be brief and avoid unnecessary force, embarrassment, and indignity to the prisoner. (a) Correctional officials should implement a policy to require voluntary and informed consent prior to a prisoners health care examination, testing, or treatment, except as provided in this Standard. A suicidal prisoners clothing should be removed only if an individualized assessment finds such removal necessary, and the affected prisoner should be provided with suicide resistant garments that are sanitary, adequately modest, and appropriate for the temperature. case law decisions create______ that are legal rules that can be used to make future judgments on cases that involve similar circumstances, direct conversation with the assistant/deputy warden. (b) Health care providers in a non-federal correctional facility should be fully licensed in the state in which the facility is located; health care providers in a federal correctional facility should be fully licensed in the United States. Correctional authorities should implement procedures to permit prisoners to wear street clothes when they appear in court before a jury. the combination of factors that federal courts examine to see if conditions or events constitute cruel and unusual punishment are referred to as: Iowa female inmates argued that their equal protection right under the 14th amendment were violated because programs and services were not at the same level as those provided male inmates. If a publication or piece of correspondence contains material in violation of the facilitys written guidelines, correctional authorities should make reasonable efforts to deny only those segregable portions of the publication or correspondence that present concerns. (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. Disabled prisoners access to facilities, programs, services, or activities should be provided in the most integrated setting appropriate. Living conditions for a correctional agencys female prisoners should be essentially equal to those of the agencys male prisoners, as should security and programming. (c) A correctional facility should provide prisoners diagnosed with mental illness, mental retardation, or other cognitive impairments appropriate housing assignments and programming opportunities in accordance with their diagnoses, vulnerabilities, functional impairments, and treatment or habilitation plans. Correctional authorities should make reasonable accommodations for religion and disability with respect to job requirements and sites. (e) Correctional officials should encourage and accommodate visits by judges and lawmakers and by members of faith-based groups, the business community, institutions of higher learning, and other groups interested in correctional issues. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints. Governmental authorities should provide appropriate health care to children in such facilities. Correctional authorities should use the least intrusive appropriate means to search a prisoner. (iv) provided the greatest practicable opportunities for out-of-cell time. 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. [Use the navigation bar on the left side to go to a specific Part of Standard. (a) Correctional administrators and officials should promulgate clear written rules for prisoner conduct, including specific definitions of disciplinary offenses, examples of conduct that constitute each type of offense, and a schedule indicating the minimum and maximum possible punishment for each offense. 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. States and the federal government should prohibit by statute and correctional agencies by policy any form of sexual contact between staff and prisoners. (g) Correctional officials should implement internal processes for continually assessing and improving each correctional facility. (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. (a) Correctional authorities should not use restraint mechanisms such as handcuffs, leg irons, straitjackets, restraint chairs, and spit-masks as a form of punishment or retaliation. Policies relating to restraints should take account of the special needs of prisoners who have physical or mental disabilities, and of prisoners who are under the age of eighteen or are geriatric, as well as the limitations specified in Standard 23-6.9 for pregnant prisoners or those who have recently given birth. Whenever practicable, pretrial detainees should also be offered opportunities to work. (d) Correctional authorities should not assign a prisoner to involuntary protective custody for a period exceeding [30 days] unless there is a serious and credible threat to the prisoners safety and staff are unable to adequately protect the prisoner either in the general population or by a transfer to another facility. Such investigation should take place for every use of force incident that results in a death or major traumatic injury to a prisoner or to staff. 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. (b) Governmental authorities should authorize and fund an official or officials independent of each correctional agency to investigate the acts of correctional authorities, allegations of mistreatment of prisoners, and complaints about conditions in correctional facilities, including complaints by prisoners, their families, and members of the community, and to refer appropriate cases for administrative disciplinary measures or criminal prosecutions. (h) Whether restraints are used for health care or for custodial purposes, during the period that a prisoner is restrained in a four- or five-point position, staff should follow established guidelines for use of the restraint mechanism that take into account the prisoners physical condition, including health problems and body weight, should provide adequate nutrition, hydration, and toileting, and should take the following precautions to ensure the prisoners safety: (i) for the entire period of restraint, the prisoner should be video- and audio-recorded; (ii) immediately, a qualified health care professional should conduct an in-person assessment of the prisoners medical and mental health condition, and should advise whether the prisoner should be transferred to a medical or mental health unit or facility for emergency treatment; (iii) until the initial assessment by a qualified health care professional required by subdivision (ii), staff should continuously observe the prisoner, in person; (iv) after the initial medical assessment, at least every fifteen minutes medically trained staff should conduct visual observations and medical checks of the prisoner, log all checks, and evaluate the continued need for restraint; (v) at least every two hours, qualified health care staff should check the prisoners range of motion and review the medical checks performed under subdivision (iv); and. (b) In the months prior to anticipated release of a sentenced prisoner confined for more than [6 months], correctional authorities should develop an individualized re-entry plan for the prisoner, which should take into account the individualized programming plan developed pursuant to Standard 23-8.2(b). 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. (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. (d) Correctional authorities should be permitted to open and inspect an envelope, package, or container sent to or by a prisoner to determine if it contains contraband or other prohibited material, subject to the restrictions set forth in these Standards on inspection of mail to or from counsel. (iii) as a last alternative after other reasonable efforts to resolve the situation have failed. (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. A use of electronic weaponry in drive-stun or direct contact mode, except special... ) provided the greatest practicable opportunities for out-of-cell time convicted prisoners, subject only to reasonable institutional restrictions and plant... 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