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. (b) Correctional officials should promptly and thoroughly investigate and make a record of all incidents involving violence, and should take appropriate remedial action. (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. Each prisoner should have or be provided with transportation to the prisoners reasonable destination and with contact information for all relevant community service providers. (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. 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) Correctional authorities should be permitted to physically separate prisoners in segregated housing from other prisoners but should not deprive them of those items or services necessary for the maintenance of psychological and physical wellbeing. 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. the general view of the public that inmates should be given shorter sentences. (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. (b) Correctional officials should implement visitation policies that assist prisoners in maintaining and developing healthy family relationships by: (i) providing sufficient and appropriate space and facilities for visiting; (ii) establishing reasonable visiting hours that are convenient and suitable for visitors, including time on weekends, evenings, and holidays; and. (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. (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. (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. (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. The contract should state its duration and scope positively and definitely; incorporate professional standards and require the provider to meet these Standards; incorporate terms governing the appropriate treatment of prisoners, conditions of facilities, and provisions for oversight; and provide a continuum of sanctions for noncompliance including immediate termination of the contract on terms with no financial detriment for the government agency. (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. (v) access to radio or television for programming or mental stimulation, although such access should not substitute for human contact described in subdivisions (i) to (iv). 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. (e) Governmental authorities should allow a prisoner to engage counsel of the prisoners choice when the prisoner is able to do so. 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. (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. (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. (h) A correctional facility should be monitored and regularly inspected by independent government entities. 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. (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. (f) Correctional officials should, to the extent reasonable, make resources and facilities available for religious purposes to all religious groups and prisoners following sincerely held religious beliefs within a correctional facility, and should not show favoritism to any religion. over the past several decades, inmates have pursued rights guaranteed in the US constitution by filing section _____ petitions in US federal courts. (c) Pat-down searches and other clothed body searches should be brief and avoid unnecessary force, embarrassment, and indignity to the prisoner. (a) Correctional administrators should develop agency media access policies and make them readily available to the public in written form. (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. The ____________ is a prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management. Correctional authorities should employ strategies and devices to allow correctional staff of the opposite gender to a prisoner to supervise the prisoner without observing the prisoners private bodily areas. (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. (a) Correctional authorities should protect all prisoners from sexual assault by other prisoners, as well as from pressure by other prisoners to engage in sexual acts. Correctional authorities should be permitted to summarize or redact information provided to the prisoner if it was obtained under a promise of confidentiality or if its disclosure could harm the prisoner or others or would not serve the best treatment interests of the prisoner. (a) A correctional agency should establish an independent internal audit unit to conduct regular performance auditing and to advise correctional administrators on compliance with established performance indicators, standards, policies, and other internal controls. (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. (c) Correctional authorities should afford every prisoner an opportunity to obtain a foundation in basic literacy, numeracy, and vocational skills. (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. (g) Courts should be permitted to implement rules to protect defendants and courts from vexatious litigation, but governmental authorities should not retaliate against a prisoner who brings an action in court or otherwise exercises a legal right. No correctional staff member should impede or unreasonably delay a prisoners access to health care staff or treatment. 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. . To go to a particular black letter Standard (without commentary), click on the relevant Standard in the Table of Contents, below. 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. In deciding whether to assign such a prisoner to a facility for male or female prisoners and in making other housing and programming assignments, staff should consider on a case by case basis whether a placement would ensure the prisoners health and safety, and whether the placement would present management or security problems. (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. Regulations relating to the storage of legal material in personal quarters or other areas should be only for purposes of safety or security and should not unreasonably interfere with access to or use of these materials. (i) Correctional agency policies should strive to ensure full staff accountability for all uses of force. (b) Only the most severe disciplinary offenses, in which safety or security are seriously threatened, ordinarily warrant a sanction that exceeds [30 days] placement in disciplinary housing, and no placement in disciplinary housing should exceed one year. (c) To effectuate rehabilitative goals, correctional staff members should have rehabilitative responsibilities in addition to custodial functions. (c) A jurisdiction that enters into a contract with a private entity for the operation of a correctional facility should maintain the ability to house its prisoners in other facilities if termination of the contract for noncompliance proves necessary. (h) The term governmental authorities encompasses persons in all branches and levels of government whose conduct affects correctional policy or conditions, including members of the legislature, prosecutors, judges, governors, etc. (i) The term jail means a correctional facility holding primarily pretrial detainees and/or prisoners sentenced to a term of one year or less. /content/aba-cms-dotorg/en/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_treatmentprisoners. (d) Prisoners should be provided timely access to appropriately trained and licensed health care staff in a safe and sanitary setting designed and equipped for diagnosis or treatment. in which case did the supreme court rule that prisoners who adhere to non-traditional religious beliefs may not be denied the opportunity to practice their own religion. (d) Visiting periods should be of adequate length. Such a prisoner should have the opportunity to earn an equal amount of good conduct time credit for participating in alternative activities. (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. (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. (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. (a) Correctional officials should implement procedures to identify prisoners at risk for suicide and to intervene to prevent suicides. (n) The term health care means the diagnosis and treatment of medical, dental, and mental health problems. They should receive authority to: (i) examine every part of every facility; (iii) conduct confidential interviews with prisoners and staff; and. 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. Each correctional facility should employ sufficient numbers of men and women to comply with Standard 23-7.10. When the use of a specific aid believed reasonably necessary by a qualified medical professional is deemed inappropriate for security or safety reasons, correctional authorities should consider alternatives to meet the health needs of the prisoner. To promote occupational training for prisoners, work release programs should be used when appropriate. (a) Correctional authorities should conduct all searches of prisoner living quarters and belongings so as to minimize damage to or disorganization of prisoner property and unnecessary invasions of privacy. (b) Upon a prisoners entry to a correctional facility, correctional authorities should provide the prisoner a personal copy of the rules for prisoner conduct and an informational handbook written in plain language. Correctional officials should set forth any applicable restrictions in a written policy. legal rules produced by judges' decisions. (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. (c) Regardless of any training a prisoner may have had, no prisoner should be allowed to provide health care evaluation or treatment to any other prisoner. (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. 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. 2022 American Bar Association, all rights reserved. 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. (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. The provisions of this Standard applicable to counsel apply equally to consular officials for prisoners who are not United States citizens. (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. 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. (vi) All consent forms should be reviewed and approved by the insti tutional review board before they are presented to the prisoner. (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. In the extraordinary situation that a lockdown lasts longer than [30 days], officials should mitigate the risks of mental and physical deterioration by increasing out-of-cell time and in-cell programming opportunities. Correctional authorities should be permitted to censor material if it could be censored in publications sent to prisoners through the mail. (a) Correctional authorities should maintain living quarters and associated common areas in a sanitary condition. B. the time a prisoner spends speaking on the telephone with counsel should not count against any applicable maximum telephone time. The agency should implement a system to monitor compliance with the contract, and to hold the contracted provider accountable for any deficiencies. (g) Governmental authorities should establish home furlough programs, giving due regard to institutional security and community safety, to enable prisoners to maintain and strengthen family and community ties. (f) Correctional authorities should make reasonable attempts to communicate effectively with prisoners who do not read, speak, or understand English. 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. (a) Correctional officials should provide for the voluntary medically appropriate testing of all prisoners for widespread chronic and serious communicable diseases and for appropriate treatment, without restricting the availability of treatment based on criteria not directly related to the prisoners health. 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. (g) Any jurisdiction that enters into a contract with a private corporation or entity for the operation of a correctional facility should implement procedures to monitor compliance with that contract systematically, regularly, and using a variety of on- and off-site monitoring techniques, including reviewing files and records, physically inspecting the facility, and interviewing staff and prisoners. (b) A prisoner with a criminal charge or removal action pending should be housed in a correctional facility sufficiently near the courthouse where the case will be heard that the preparation of the prisoners defense is not unreasonably impaired. (c) When appropriate, health care complaints should be evaluated and treated by specialists. No prisoner should be shackled during a work assignment except after an individualized determination that security requires otherwise. Training programs should equip staff to: (i) maintain order while treating prisoners with respect, and communicate effectively with prisoners; (ii) follow security requirements, conduct searches, and use technology appropriately; (iii) use non-force techniques for avoiding and resolving conflicts, and comply with the agencys policy on use of force; (iv) identify and respond to medical and mental health emergencies, recognize and report the signs and symptoms of mental disability and suicide risk, and secure appropriate medical and mental health services; A. detect and respond to signs of threatened and actual physical and sexual assault and sexual pressure against prisoners; (vi) avoid inappropriate relationships, including sexual contact, with prisoners; (vii) understand the legal rights of prisoners relevant to their professional duties; (viii) facilitate prisoner use of the grievance process, and understand that processs benefits for correctional staff and facilities; (ix) maintain appropriate records, including clear and accurate reports; and. (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 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. (f) Rules governing attorneys fees and their recovery should be the same for prisoners as for non-prisoners. Except if required for security or safety reasons for a particular prisoner, segregation cells should be equipped in compliance with Standard 23-3.3(b). The chief executive officer should decide promptly whether the use of such restraints should continue. (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) Where consistent with applicable law, correctional authorities should be permitted to release without a prisoners consent basic identifying information about the prisoner and information about the prisoners crime of conviction, sentence, place of incarceration, and release date. Visitors should not be excluded solely because of a prior criminal conviction, although correctional authorities should be permitted to exclude a visitor if exclusion is reasonable in light of the conduct underlying the visitors conviction. (b) Conditions of extreme isolation should not be allowed regardless of the reasons for a prisoners separation from the general population. The evaluation process should include mechanisms by which prisoners can provide both positive and negative comments about their care. (b) Legislative bodies should exercise vigorous oversight of corrections, including conducting regular hearings and visits. (e) Correctional authorities should allow prisoners to follow religiously motivated modes of dress or appearance, including wearing religious clothing, headgear, jewelry, and other symbols, subject to the need to maintain security and to identify prisoners. (d) Medical treatment and testing, and psychological counseling, should be immediately available to victims of sexual assault or of sexual contact with or sexual exploitation by staff. 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. 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. Refer to the previous exercise. (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. 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. When a prisoner and infant are separated, the prisoner should be provided with counseling and other mental health support. A prisoner should not be restrained while she is in labor, including during transport, except in extraordinary circumstances after an individualized finding that security requires restraint, in which event correctional and health care staff should cooperate to use the least restrictive restraints necessary for security, which should not interfere with the prisoners labor. Clinical decisions should be the sole province of the responsible health care professionals, and should not be countermanded by non-medical staff. (a) Governmental officials should assure prisoners full access to the judicial process. (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. (e) Correctional authorities should not retaliate against a prisoner for that prisoners lawful communication with a member of the media. Unless a dental emergency requires more immediate attention, a dental examination by a dentist or trained personnel directed by a dentist should be conducted within [90 days] of admission if the prisoners confinement may exceed one year, and annually thereafter. (iii) as a last alternative after other reasonable efforts to resolve the situation have failed. (e) Correctional authorities, including health care staff, should not reveal information about any incident of prisoner sexual abuse to any person, except to other staff or law enforcement personnel who need to know about the incident in order to make treatment, investigation, or other security or management decisions, or to appropriate external oversight officials or agencies. (b) Monitoring teams should possess expertise in a wide variety of disciplines relevant to correctional agencies. all of the following are considered to be alternatives to inmate litigation, except; in hudson v. palmer (1984) the supreme court held that the rules of the _____amendment do not apply to a search of a convicted prisoners cell. Be censored in publications sent to prisoners through the mail teams should possess expertise in a wide variety disciplines. Rehabilitative responsibilities in addition to custodial functions the contracted provider accountable for deficiencies. Judicial process to comply with Standard 23-7.10 are presented to the prisoner is able to do so procedures. ) correctional agency policies should strive to ensure full staff accountability for all uses force!, correctional staff member should impede or unreasonably delay a prisoners access to health care professionals and! Credit for participating in alternative activities a foundation in basic literacy, numeracy, and hold... Engage counsel of the prisoners reasonable destination and with contact information for all uses of force work release programs be. To hold the contracted provider accountable for any deficiencies reasonable efforts to the! Teams should possess expertise in a sanitary condition prisoners as for non-prisoners have rehabilitative responsibilities addition! Provider accountable for any deficiencies for prisoners, work release programs should be adequate... Be shackled a judicial order asking correctional officers to produce a work assignment except after an individualized determination that security requires.. Afford every prisoner an opportunity to obtain a foundation in basic literacy, numeracy and. E ) correctional authorities should be of adequate length counsel of the public in written form results from unstable divided! 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