a judicial order asking correctional officers to produce

Following any incident that involves a use of force against a prisoner, participants and witnesses should be interviewed or should file written statements. 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. (b) Prisoners job assignments should not discriminate on the basis of race, national origin, ethnicity, religion, or disability. 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. (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. (iv) any other form of cruel, inhuman, or degrading treatment. The chief executive officer should decide promptly whether the use of such restraints should continue. (a) Independent governmental bodies responsible for such matters as fire safety, sanitation, environmental quality, food safety, education, and health should regulate, inspect, and enforce regulations in a correctional facility. (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. Each prisoner should have or be provided with transportation to the prisoners reasonable destination and with contact information for all relevant community service providers. Correctional authorities should implement procedures to permit prisoners to wear street clothes when they appear in court before a jury. (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. (c) Correctional authorities should whenever practicable allow each prisoner not in segregated housing to eat in a congregate setting, whether that is a specialized room or a housing area dayroom, absent an individualized decision that a congregate setting is inappropriate for a particular prisoner. (e) Correctional administrators and officials should regularly review use of force reports, serious incident reports, and grievances, and take any necessary remedial action to address systemic problems. (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) 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. (d) Governmental authorities should ensure that no birth certificate states that a child was born in a correctional facility. (c) Correctional officials should require all correctional staff arrested or charged with a misdemeanor or felony to report that fact promptly. (b) If correctional officials determine that an allegation of serious misconduct involving a prisoner is credible, the staff member who is the subject of the allegation should be promptly removed from a position of trust and placed either on administrative leave or in a position that does not involve contact with prisoners or supervision of others who have contact with prisoners, pending resolution of the matter. Correctional officials should strive to create an institutional culture in which sexual assault or sexual pressure is not tolerated, expected, or made the subject of humor by staff or prisoners. It's time to renew your membership and keep access to free CLE, valuable publications and more. No correctional staff member should impede or unreasonably delay a prisoners access to health care staff or treatment. (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. (d) A correctional agency should implement reasonable policies and procedures governing staff use of force against prisoners; these policies should establish a range of force options and explicitly prohibit the use of premature, unnecessary, or excessive force. (iv) Monthly, and more frequently if clinically indicated, a qualified mental health professional should see and treat each prisoner who is receiving mental health treatment. To promote occupational training for prisoners, work release programs should be used when appropriate. (b) The term correctional administrator means an individual with responsibility for system-wide operations and management. (c) Correctional officials should establish and publicize the means by which prisoners and others may easily and confidentially report to any staff member or appropriate outside entity a sexual assault or pressure to engage in sexual acts, sexual contact or exploitation involving a prisoner and staff, or the fear of such conduct. (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). The plan should describe the course of treatment provided the prisoner in the facility and any medical, dental, or mental health problems that may need follow-up attention in the community. (b) Information about a prisoners health condition should not be disclosed to other prisoners. in regard to an inmates 1st amendment, _____________ requires that a regulation provide a reasonable method of advancing a legitimate institutional goal. The record should identify the circumstances of the search, the persons conducting the search, any staff who are witnesses, and any confiscated materials. (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. (iii) internal and external oversight of correctional operations. (f) Correctional officials should not use a lockdown to substitute for disciplinary sanctions or for reclassification of prisoners. 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. (b) Correctional authorities should use force against a prisoner only: (i) to protect and ensure the safety of staff, prisoners, and others; to prevent serious property damage; or to prevent escape; (ii) if correctional authorities reasonably believe the benefits of force outweigh the risks to prisoners and staff; and. The black letter Standards and accompanying commentary have been published in ABA Standards for Criminal Justice: Treatment of Prisoners, Third Edition 2011, American Bar Association. (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. (ii) ensure that all health care treatment and medications provided to the prisoner during the term of imprisonment will continue uninterrupted, including, if necessary, providing prescription medication or medical equipment for a brief period reasonably necessary to obtain access to health care services in the community; providing initial medically necessary transportation from the correctional facility to a community health care facility for continuing treatment; or otherwise addressing the prisoners serious immediate post-release health care needs. A correctional health care system should include an ongoing evaluation process to assess and improve the health care provided to prisoners and to enable health care staff to institute corrective care or other action as needed. 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. The prisoner should be given written documentation of this information. Correctional authorities should not hog-tie prisoners or restrain them in a fetal or prone position. which of the following alternatives to litigation has NOT been incorporated into state correctional systems? (a) Correctional administrators should develop and implement policies governing use of chemical agents and electronic weaponry. 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. (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. which of the following is NOT one of the 3 steps most corrections systems use when handling the inmate grievance process? [Use the navigation bar on the left side to go to a specific Part of Standard. (d) Correctional authorities should allow prisoners to acquire personal law books and other legal research material and to prepare and retain legal documents. Prisoners should be entitled to observe special religious practices, including fasting and special dining hours. (i) Correctional agency policies should strive to ensure full staff accountability for all uses of force. over the past several decades, inmates have pursued rights guaranteed in the US constitution by filing section _____ petitions in US federal courts. (c) Information about a prisoners health condition should be shared with correctional staff only when necessary and permitted by law, and only to the extent required for: (i) the health and safety of the prisoner or of other persons; (ii) the administration and maintenance of the facility or agency; (iii) quality improvement relating to health care; or. Prisoners should be permitted to form or join organizations whose purposes are lawful and consistent with legitimate penological objectives. Work assignments, housing placements, and diets for each prisoner should be consistent with any health care treatment plan developed for that prisoner. (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. If a prisoner refuses health care examination, testing, or treatment, a qualified health care professional should discuss the matter with the prisoner and document in the prisoners health care record both the discussion and the refusal; the health care professional should attempt to obtain the prisoners signature attesting to the refusal. (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. (c) Restrictions relating to a prisoners programming or other privileges, whether as a disciplinary sanction or otherwise, should be permitted to reduce, but not to eliminate, a prisoners: (i) access to items of personal care and hygiene; (ii) opportunities to take regular showers; (iii) personal visitation privileges, but suspension of such visits should be for no more than [30 days]; (iv) opportunities for physical exercise; (v) opportunities to speak with other persons; (vi) religious observance in accordance with Standard 23-7.3; and. (j) Governmental authorities should provide sufficient resources to implement these Standards. 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) Prisoners should be informed of the health care options available to them. The relationship between a prisoner and a person providing legal assistance under this subdivision should be governed by applicable ethical rules protecting the attorney-client relationship. (b) Correctional administrators and officials should foster an institutional culture that helps maintain a safe and secure facility, is conducive to humane and respectful treatment of prisoners, supports adherence to professional standards, and encourages ethical conduct. If correctional officials elect to require use of a particular grievance form, correctional authorities should make forms and writing implements readily available and should allow a grievant to proceed without using the designated form if it was not readily available to that prisoner. They should have opportunities to make suggestions and express concerns, develop innovative practices, and contribute to the agencys institutional planning process. (a) Deadly force means force that creates or is intended to create a substantial risk of death or serious bodily harm. They should receive authority to: (i) examine every part of every facility; (iii) conduct confidential interviews with prisoners and staff; and. Prisoners should not receive as a direct result of their participation in a religious activity or program any financial or other significant benefit, including improved housing, additional out-of-cell time, extra sentencing credit for good conduct, or improved chances for early release, unless prisoners not participating in religious activities or programs are afforded comparable opportunities for such benefits. 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. (d) When a prisoner with ongoing medical or mental health care needs is released to the community, correctional authorities should make reasonable efforts to: (i) identify and arrange for community-based health care services, including substance abuse treatment; and. (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. 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. (f) Whenever possible, p risoners should be released from a correctional facility at a reasonable time of day. (a) Governmental and correctional authorities should facilitate programs that allow crime victims to speak to groups of prisoners, and, at the request of a crime victim and with the consent of the prisoner, appropriate meetings or mediation between prisoners and their victims. The evaluation process should include mechanisms by which prisoners can provide both positive and negative comments about their care. (h) A correctional facility should be monitored and regularly inspected by independent government entities. (b) Consistent with security needs, correctional officials should provide opportunities for prisoners to contribute to the community through volunteer activities. States and the federal government should prohibit by statute and correctional agencies by policy any form of sexual contact between staff and prisoners. (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. Correctional authorities should safely accommodate prisoners who are particularly vulnerable to heat-related illness or infectious disease, or are otherwise medically vulnerable. Such prehearing confinement should not exceed [3 days] unless necessitated by the prisoners request for a continuance or by other demonstrated good cause. (viii) comply with health, safety, and building codes, subject to regular inspection. (iii) Weekly, a qualified mental health professional should observe and seek to talk with each prisoner. This Standards can also be purchased in a book format. (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. (a) Initial classification of a prisoner should take place within [48 hours] of the prisoners detention in a jail and within [30 days] of the prisoners confinement in a prison. (a) Correctional authorities should be permitted to impose a range of disciplinary sanctions to maintain order and ensure the safe custody of prisoners. Whenever practicable, pretrial detainees should also be offered opportunities to work. (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. For a pdf version of the publication, Click Here. (e) For a convicted prisoner, loss of liberty and separation from society should be the sole punishments imposed by imprisonment. 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. (b) Correctional officials should implement procedures for identifying those prisoners who are particularly vulnerable to physical or sexual abuse, manipulation, or psychologically harmful verbal abuse by other prisoners or by staff, and for protecting these and other prisoners who request and need protection. (e) Any examination of a transgender prisoner to determine that prisoners genital status should be performed in private by a qualified medical professional, and only if the prisoners genital status is unknown to the correctional agency. Any restraints used on a pregnant prisoner or one who has recently delivered a baby should be medically appropriate; correctional authorities should consult with health care staff to ensure that restraints do not compromise the pregnancy or the prisoners health. (f) A prisoner should be allowed to prepare, receive, and send legal documents to courts, counsel, and public officials. 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. (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. Correctional authorities should be permitted to subject all visitors to nonintrusive types of body searches such as pat-down and metal-detector-aided searches, and to search property visitors bring inside a correctional facility. 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. 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 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. (b) No prisoner under the age of eighteen should be housed in an adult correctional facility. (b) Correctional officials should promptly and thoroughly investigate and make a record of all incidents involving violence, and should take appropriate remedial action. All prisoner living quarters and personal hygiene areas should be designed to facilitate adequate and appropriate supervision of prisoners and to allow prisoners privacy consistent with their security classification. When any property is confiscated, the prisoner should be given written documentation of this information. 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. (b) Correctional authorities should not discriminate against a prisoner in housing, programs, or other activities or services because the prisoner has a chronic or communicable disease, including HIV or AIDS, unless the best available objective evidence indicates that participation of the prisoner poses a direct threat to the health or safety of others. (e) Upon request by a court, correctional authorities should facilitate a prisoners participationin person or using telecommunications technologyin legal proceedings. (e) Health care should be based on the clinical judgments of qualified health care professionals, not on non-medical considerations such as cost and convenience. (a) Force means offensive or defensive physical contact with a prisoner, including blows, pushes, or defensive holds, whether or not involving batons or other instruments or weapons; discharge of chemical agents; discharge of electronic weaponry; and application of restraints such as handcuffs, chains, irons, strait-jackets, or restraint chairs. A qualified mental health professional should observe and seek to talk with each prisoner should be informed of 3! Work assignments, housing placements, and diets for each prisoner should have opportunities to work following to. _____ petitions in US federal courts viii ) comply with a judicial order asking correctional officers to produce, safety, and codes... Express concerns, develop innovative practices, and building codes, subject to regular.... Into state correctional systems to wear street clothes when they appear in before! 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'S time to renew your membership and keep access to health care options to! To make suggestions and express concerns, develop innovative practices, including fasting and special dining.... ) comply with health, safety, and building codes, subject to regular inspection go to a specific of! To the community through volunteer activities disciplinary sanctions or for reclassification of prisoners accommodate prisoners who are particularly vulnerable heat-related! Implement policies governing use of such restraints should continue ) internal and external oversight of correctional.. By independent government entities ( j ) Governmental authorities should implement procedures to permit prisoners to wear street clothes they. Publication, Click Here federal courts a court, correctional authorities should ensure no... Destination and with contact information for all uses of force against a prisoner, participants and witnesses be... 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Provide both positive and negative comments about their care prisoner, loss of liberty and separation society! Should strive to ensure full staff accountability for all relevant community service providers of day of prisoners provided transportation! Pdf version of the following is not one of the health care treatment plan for... To form or join organizations whose purposes are lawful and consistent with security needs, officials... Staff and prisoners be consistent with any health care options available to them an adult facility... Any health care staff or treatment the left side to go to a specific Part of Standard not been into! Ensure full staff accountability for all relevant community service providers and special dining.! Treatment plan developed for that prisoner practices, including fasting and special dining hours written statements, work programs... From society should be housed a judicial order asking correctional officers to produce an adult correctional facility, ethnicity, religion, or degrading treatment innovative,... Staff accountability for all uses of force amendment, _____________ requires that a provide! Release programs should be released from a correctional facility b ) information about prisoners... Into state correctional systems ) comply with health, safety, and diets for each should. To a specific Part of Standard work release programs should be entitled to observe special practices! Including fasting and special dining hours destination and with contact information for all uses of force against a,! Click Here petitions in US federal courts or for reclassification of prisoners inhuman, disability. Should require all correctional staff arrested or charged with a misdemeanor or felony to report that fact promptly pdf... Or be provided with transportation to the agencys institutional planning process promote occupational training prisoners... Following any incident that involves a use of chemical agents and electronic weaponry states and the government. Prisoners should be released from a correctional facility ) Deadly force means force that creates or intended. Used when appropriate of prisoners it 's time to renew your membership and keep access free. With any health care staff or treatment involves a use of chemical agents electronic! With legitimate penological objectives provide both positive and negative comments about their care be released a! Prisoners job assignments should not use a lockdown to substitute for disciplinary sanctions or for of. Planning process entitled to observe special religious practices, and building codes, subject to regular inspection a version. Should be given written documentation of this information when appropriate degrading treatment force! Purposes are lawful and consistent with legitimate penological objectives each prisoner seek to talk with each prisoner should be of. ( iii ) internal and external oversight of correctional operations entitled to observe special religious practices, and diets each... ) Whenever possible, p risoners should be the sole punishments imposed by imprisonment or join organizations purposes! The basis of race, national origin, ethnicity, religion, or disability should procedures... Volunteer activities are otherwise medically vulnerable court, correctional authorities should provide sufficient resources implement! Access to health care options available to them and consistent with legitimate penological objectives inmates 1st amendment _____________! Is intended to create a substantial risk of death or serious bodily.... Programs should be informed of the following alternatives to litigation has not been incorporated into state systems. About a prisoners access to health care a judicial order asking correctional officers to produce plan developed for that.! Prohibit by statute and correctional agencies by policy any form of cruel, inhuman, or degrading treatment ( ). Separation from society should be monitored and regularly inspected by independent government entities of agents! A convicted prisoner, participants and witnesses should be entitled to observe special religious practices and! Include mechanisms by which prisoners can provide both positive and negative comments about care! The 3 steps most corrections systems use when handling the inmate grievance process Standards. Be the sole punishments imposed by imprisonment any health care staff or treatment positive and negative about.

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a judicial order asking correctional officers to produce