a judicial order asking correctional officers to produce
Substantial educational or rehabilitative programs can substitute for employment of the same duration. (c) A record should be kept of all facility searches, including documentation of any contraband that is found. (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. No prisoner should be shackled during a work assignment except after an individualized determination that security requires otherwise. (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. Provision should be made for prisoners who face literacy, language, or other communication barriers to be able to communicate their health needs. (f) Correctional officials should not use a lockdown to substitute for disciplinary sanctions or for reclassification of prisoners. (a) Correctional authorities should not place prisoners in segregated housing except for reasons relating to: discipline, security, ongoing investigation of misconduct or crime, protection from harm, medical care, or mental health care. (j) The term prison means a correctional facility holding primarily prisoners sentenced to a term of at least one year. (b) Governmental authorities in all branches in a jurisdiction should take necessary steps to avoid crowding that exceeds a correctional facilitys rated capacity or adversely affects the facilitys delivery of core services at an adequate level, maintenance of its physical plant, or protection of prisoners from harm, including the spread of disease. (g) If it is necessary for correctional authorities to apply four- or five-point restraints without participation of a qualified health care professional because the situation is an emergency and health care staff are not available, a qualified health care professional should review the situation a s soon as possible and assess whether such restraints are appropriate. (d) Correctional administrators and officials should provide training to volunteers about how to avoid and report inappropriate conduct. 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) Prisoners should not be charged fees for necessary health care. (d) The monitoring agency should continue to assess and report on previously identified problems and the progress made in resolving them until the problems are resolved. (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]. (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. (i) A lack of resources should not excuse treatment or conditions that violate prisoners constitutional or statutory rights. 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. Correctional authorities should safely accommodate prisoners who are particularly vulnerable to heat-related illness or infectious disease, or are otherwise medically vulnerable. A written translation in a language the prisoner understands should be provided within a reasonable period of time to each literate prisoner who does not understand English. Upon release, each prisoner who was confined for more than [3 months] should possess or be provided with: (i) photographic identification sufficient to obtain lawful employment; (ii) clothing appropriate for the season; (iii) sufficient money or its equivalent necessary for maintenance during a brief period immediately following release; and. (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. (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. Ordinarily, only health care staff should administer prescription drugs, except that health care staff should be permitted to authorize prisoners to hold and administer their own asthma inhalers, and to implement other reasonable keep on person drug policies. which of the following alternatives to litigation has NOT been incorporated into state correctional systems? A contracting agency should make provision for on-site monitoring of each location to which prisoners are sent. (d) Health care personnel or correctional authorities should provide information about a prisoners health condition to that prisoners family or other persons designated by the prisoner if the prisoner consents to such disclosure or, unless the prisoner has previously withheld consent, if the prisoners condition renders the prisoner unable to consent or if the prisoner has died. (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 agency should implement a system to monitor compliance with the contract, and to hold the contracted provider accountable for any deficiencies. 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. Copyright by the American Bar Association. (c) During any lockdown, correctional authorities should not suspend medical services, food service, and provision of necessities, although necessary restrictions in these services should be permitted. (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. (e) Correctional officials and administrators should annually review and update facility and agency rules and regulations to ensure that they comport with current legal standards. (b) Correctional authorities should not place a prisoner in long-term segregated housing based on the security risk the prisoner poses to others unless less restrictive alternatives are unsuitable in light of a continuing and serious threat to the security of the facility, staff, other prisoners, or the public as a result of the prisoners: (i) history of serious violent behavior in correctional facilities; (ii) acts such as escapes or attempted escapes from secure correctional settings; (iii) acts or threats of violence likely to destabilize the institutional environment to such a degree that the order and security of the facility is threatened; (iv) membership in a security threat group accompanied by a finding based on specific and reliable information that the prisoner either has engaged in dangerous or threatening behavior directed by the group or directs the dangerous or threatening behavior of others; or. (c) Correctional administrators and officials should provide specialized training to staff who work with specific types of prisoners to address the physical, social, and psychological needs of such prisoners, including female prisoners, prisoners who face language or communication barriers or have physical or mental disabilities, prisoners who are under the age of eighteen or geriatric, and prisoners who are serving long sentences or are assigned to segregated housing for extended periods of time. Correctional officials should establish criteria for forwarding such reports to a specialized unit trained in the appropriate investigation methods. (c) Correctional authorities should allow prisoners to purchase or, if they are indigent, to receive without charge materials to support their communications with courts, attorneys, and public officials. (v) At least every [90 days], a qualified mental health professional should perform a comprehensive mental health assessment of each prisoner in segregated housing unless a qualified mental health professional deems such assessment unnecessary in light of observations made pursuant to subdivisions (ii)-(iv). 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. (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. (x) perform the above functions in a way that promotes the health and safety of staff. (a) Correctional authorities should recognize and respect prisoners freedom of religion. (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. (c) At intervals not to exceed [30 days], correctional authorities should conduct and document an evaluation of each prisoners progress under the individualized plan required by subdivision (b) of this Standard. (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. (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. (f) Correctional officials should facilitate and promote visiting by providing visitors travel guidance, directions, and information about visiting hours, attire, and other rules. (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. (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. (iv) the prisoner is dead, and disclosure is authorized by the prisoners next of kin or by the administrator of the prisoners estate if one has been appointed. For a pdf version of the publication, Click Here. No health care provider should be permitted to practice in a correctional facility beyond the scope permissible for that individual provider outside of a correctional facility, given the providers particular qualifications and licensing. over the past several decades, inmates have pursued rights guaranteed in the US constitution by filing section _____ petitions in US federal courts. For a prisoner not serving a sentence for a crime, the purpose of imprisonment should be to assure appearance of the prisoner at trial and to safeguard the public, not to punish. 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. 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. (f) If long-term imprisonment is anticipated, a prisoner with an infant should be helped to develop necessary plans for alternative care for the infant following the period described in subdivision (e) of this Standard, in coordination with social service agencies. (b) A prisoner should not be administered sedating or otherwise psychoactive drugs for purposes of discipline or convenience, or because of any decision relating to programming or privileges; such drugs should be used only to treat health conditions. (f) Rules governing attorneys fees and their recovery should be the same for prisoners as for non-prisoners. Exceptions to confidentiality should be explained to a prisoner prior to any conversation or course of counseling in which confidentiality is promised, explicitly or implicitly. 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. (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. (a) In conducting a search of a prisoners body, correctional authorities should strive to preserve the privacy and dignity of the prisoner. (d) Correctional staff should be provided with safe and healthful working conditions. 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) 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. Suicide observation should be documented, and prisoners under suicide observation should be evaluated by a qualified mental health professional prior to being removed from observation. (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. Correctional authorities should be permitted to censor material if it could be censored in publications sent to prisoners through the mail. Prisoners who are unable to access library resources because of housing restrictions, language or reading skills, or for other reasons, should have access to an effective alternative to such access, including the provision of counsel, or of prisoners or non-prisoners trained in the law. (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. (d) Other than as allowed by subdivision (e) of this Standard, correctional authorities should not use restraints in a prisoners cell except immediately preceding an out-of-cell movement or for medical or mental health purposes as authorized by a qualified medical or mental health professional. (b) Governmental authorities should not enter into a contract with a private entity for the operation of any correctional facility, secure or not, unless it can be demonstrated that the contract will result either in improved performance or in substantial cost savings, considering both routine and emergency costs, with no diminution in performance. Subject to the remainder of this Standard, restraints should not be used except to control a prisoner who presents an immediate risk of self-injury or injury to others, to prevent serious property damage, for health care purposes, or when necessary as a security precaution during transfer or transport. Segregation for health care needs should be in a location separate from disciplinary and long-term segregated housing. 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) The term chief executive officer of the facility means the correctional official with command authority over a particular correctional facility. (v) be available to the prisoner who is the subject of the records, absent an individualized finding of good cause. (i) Governmental authorities should not exempt correctional agencies from their jurisdictions Administrative Procedure Act, Freedom of Information Act, or Public Records Act. (i) The term jail means a correctional facility holding primarily pretrial detainees and/or prisoners sentenced to a term of one year or less. (d) Correctional authorities should make individualized housing and custody decisions for prisoners who have undergone sex reassignment surgery or have had other surgical or hormonal treatment and present themselves and identify as having a gender different from their physical sex at birth. This requirement includes: (i) to the extent practicable, the translation of official documents typically provided to prisoners into a language understood by each prisoner who receives them; (ii) staff who can interpret at all times in any language understood by a significant number of non-English-speaking prisoners; and. Medical Terminology Quiz 9 (Chapter 14&16) Wo, Anderson's Business Law and the Legal Environment, Comprehensive Volume, David Twomey, Marianne Jennings, Stephanie Greene, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson, Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman, Arthur Getis, Daniel Montello, Mark Bjelland. (a) Involuntary mental health treatment of a prisoner should be permitted only if the prisoner is suffering from a serious mental illness, non-treatment poses a significant risk of serious harm to the prisoner or others, and no less intrusive alternative is reasonably available. (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. (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. A decision to retain a prisoner in segregated housing following consideration by the classification review committee should be reviewed by a correctional administrator, and approved, rejected, or modified as appropriate. (b) Correctional administrators should require staff to participate in a comprehensive pre-service training program, a regular program of in-service training, and specialized training when appropriate. (b) Information about a prisoners health condition should not be disclosed to other prisoners. Restrictions placed on prisoners should be necessary and proportionate to the legitimate objectives for which those restrictions are imposed. Prisoners should be allowed to receive any visitor not excluded by correctional officials for good cause. (ii) Several times each week , a qualified mental health professional should observe each segregated housing unit, speaking to unit staff, reviewing the prisoner log, and observing and talking with prisoners who are receiving mental health treatment. (a) Deadly force means force that creates or is intended to create a substantial risk of death or serious bodily harm. 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. (c) Correctional authorities should take appropriate responsive measures without delay when intake screening identifies a need for immediate comprehensive assessment or for new or continuing medication or other treatment, suicide prevention measures, or housing that takes account of a prisoners special needs. No prisoner should be subjected to cruel, inhuman, or degrading treatment or conditions. ], 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. 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