(a) Correctional authorities should facilitate prisoners access to counsel. Correctional officials should allow reasonable participation by members of the general public in authorized meetings or activities of such organizations, provided the safety of the public or the security or safety of persons within the facility are not thereby jeopardized. (b) When determining whether a pleading or other court filing has stated a legally cognizable claim or complied with other requirements, courts should take into account the challenges faced by pro se prisoners. (b) Correctional authorities should protect all prisoners from any sexual contact with or sexual exploitation by staff, including volunteers and employees of other governmental or private organizations who work in the correctional facility. If contact visits are precluded because of such an individualized determination, non-contact, in-person visiting opportunities should be allowed, absent an individualized determination that a non-contact visit between the prisoner and a particular visitor poses like dangers. 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. Prisoners should receive opportunities to mend and machine launder their clothing if the facility does not provide these services. 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. which of the following is NOT one of the 3 steps most corrections systems use when handling the inmate grievance process? This work (Criminal Justice Standards) may be used for non-profit educational and training purposes and legal reform (legislative, judicial, and executive) without written permission but with a citation to this source. (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) A pregnant prisoner should receive necessary prenatal and postpartum care and treatment, including an adequate diet, clothing, appropriate accommodations relating to bed assignment and housing area temperature, and childbirth and infant care education. (i) Governmental authorities should not exempt correctional agencies from their jurisdictions Administrative Procedure Act, Freedom of Information Act, or Public Records Act. (q) The term qualified mental health professional means psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who by virtue of their education, credentials, and experience are permitted by law to evaluate and provide mental health care to patients. (d) Laws, policies, administrative rules, standards, and reporting requirements applicable to publicly operated correctional facilities of similar security levels in the contracting jurisdiction, including those applicable to staff qualifications and training, freedom of information demands and disclosures, and external oversight, should apply in substance to a privately operated facility either as a matter of statutory law or as incorporated contract terms. The evaluation process should include mechanisms by which prisoners can provide both positive and negative comments about their care. Correctional authorities should generally accommodate professionally accredited journalists who request permission to visit a facility or a prisoner, and should provide a process for expeditious appeal if a request is denied. Correctional authorities should take steps necessary to protect the prisoner from further sexual assaults, contacts, or exploitation. (a) Correctional administrators should develop agency media access policies and make them readily available to the public in written form. Correctional staff, health care staff, and the researchers should promptly report all adverse events involving prisoner study subjects to the institutional review boards chair and the prisoners advocate. (c) To effectuate rehabilitative goals, correctional staff members should have rehabilitative responsibilities in addition to custodial functions. Health care personnel should document any injuries sustained. Medical and mental health screening should: (i) use a properly validated screening protocol, including, if appropriate, special protocols for female prisoners, prisoners who have mental disabilities, and prisoners who are under the age of eighteen or geriatric; (ii) be performed either by a qualified health care professional or by specially trained correctional staff; and. (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. (iv) a voter registration card or general instructions on how to register to vote, if eligible to vote upon release. The prisoner should be given written documentation of this information. In addition, the prisoner should be afforded, at a minimum, the following procedural protections: (i) at least 24 hours in advance of any hearing, written and effective notice of the actions alleged to have been committed, the rule alleged to have been violated by those actions, and the prisoners rights under this Standard; (iii) a hearing at which the prisoner may be heard in person and, absent an individualized determination of good cause, has a reasonable opportunity to present available witnesses and documentary and physical evidence; (vi) if the decision-maker determines that a prisoner is unable to prepare and present evidence and arguments effectively on his or her own behalf, counsel or some other advocate for the prisoner, including a member of the correctional staff or another prisoner with suitable capabilities; (vii) an independent determination by the decision-maker of the reliability and credibility of any confidential informants; (viii) a written statement setting forth the evidence relied on and the reasons for the decision and the sanction imposed, rendered promptly but no later than [5 days] after conclusion of the hearing except in exceptional circumstances where good cause for the delay exists; and. . (c) No disciplinary sanction should ever be administered by other prisoners, even under the direction of correctional authorities. The ____________ is a prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management. Refer to the previous exercise. 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) Informal resolution of minor disciplinary violations should be encouraged provided that prisoners have notice of the range of sanctions that may be imposed as a result of such an informal resolution, those sanctions are only minimally restrictive, and the imposition of a sanction is recorded and subject to prompt review by supervisory correctional staff, ordinarily on the same day. (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. (h) Governmental authorities should implement policies that allow government benefits, including health benefits, to be restored to prisoners immediately upon release, and correctional officials should ensure that correctional authorities or community service providers assist prisonersespecially prisoners with mental disabilities or significant health care needsin preparing and submitting appropriate benefits applications sufficiently in advance of their anticipated release date to meet this objective and facilitate continuity of care. 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. However, prisoners diagnosed with serious mental illness should not be housed in settings that may exacerbate their mental illness or suicide risk, particularly in settings involving sensory deprivation or isolation. 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. (a) The physical plant of a correctional facility should: (i) be adequate to protect and promote the health and safety of prisoners and staff; (iii) include appropriate housing, laundry, health care, food service, visitation, recreation, education, and program space; (iv) have appropriate heating and ventilation systems; (v) not deprive prisoners or staff of natural light, of light sufficient to permit reading throughout prisoners housing areas, or of reasonable darkness during the sleeping hours; (vi) be free from tobacco smoke and excessive noise; (vii) allow unrestricted access for prisoners to potable drinking water and to adequate, clean, reasonably private, and functioning toilets and washbasins; 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). (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. (h) Following any incident in which a prisoner is subjected to use of either chemical agents or any kind of weapon or is injured during a use of force, the prisoner should receive an immediate health care examination and appropriate treatment, including decontamination. (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. (b) No prisoner under the age of eighteen should be housed in an adult correctional facility. the first successful prisoners rights cases of the 1970s involved: In _______, the U.S. supreme court ruled that while the death penalty was constitutional, the way it was used constituted "cruel and unusual" punishment. (a) A correctional facility should be safe and orderly and should be run in a fair and lawful manner. (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. In addition to implementing the mental health screening required in Standard 23-2.1 and mental health assessment required in Standard 23-2.5, this protocol should require that the signs and symptoms of mental illness or other cognitive impairments be documented and that a prisoner with such signs and symptoms be promptly referred to a qualified mental health professional for evaluation and treatment. (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. Governmental authorities should ordinarily allow a prisoner who gives birth while in a correctional facility or who already has an infant at the time she is admitted to a correctional facility to keep the infant with her for a reasonable time, preferably on extended furlough or in an appropriate community facility or, if that is not practicable or reasonable, in a nursery at a correctional facility that is staffed by qualified persons. (f) Correctional officials should facilitate and promote visiting by providing visitors travel guidance, directions, and information about visiting hours, attire, and other rules. Copies of the rules and handbook in the languages a facilitys prisoners understand should also be available in areas of the facility readily accessible to prisoners, including libraries. 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. 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. 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. (a) If a prisoner with a disability is otherwise qualified to use a correctional facility, program, service, or activity, correctional authorities should provide such a prisoner ready access to and use of the facility, program, service, or activity, and should make reasonable modifications to existing policies, procedures, and facilities if such modifications are necessary. (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. Correctional authorities should facilitate prisoners reintegration into free society by implementing appropriate conditions of confinement and by sustained planning for such reintegration. (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. (a) In conducting a search of a prisoners body, correctional authorities should strive to preserve the privacy and dignity of the prisoner. 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) Each classification decision should be in writing, and should set forth the considerations and factors that led to the decision; the written decision should be made available to the prisoner, and should be explained by an appropriate staff member if the prisoner is incapable of understanding it. A correctional facility should be subject to the same enforcement penalties and procedures, including abatement procedures for noncompliance, as are applicable to other institutions. (e) In an emergency situation requiring the immediate involuntary medication of a prisoner with serious mental illness, an exception to the procedural requirements described in subdivision (d) of this Standard should be permitted, provided that the medication is administered by a qualified health care professional and that it is discontinued within 72 hours unless the requirements in subdivision (d) of this Standard are met. Assume all accounts have normal balances. Living conditions for a correctional agencys female prisoners should be essentially equal to those of the agencys male prisoners, as should security and programming. In order to effectuate these principles, correctional authorities should: (i) humane and healthful living conditions; (ii) safety from harm, including protection from punitive or excessive force and protection from abuse by other prisoners and staff; (iv) freedom from staff harassment and invidious discrimination; (v) freedom of religion and substantial freedom of expression; (vi) conditions conducive to maintaining healthy relationships with their families; (vii) opportunities to participate in constructive activity andrehabilitative programs; and, (viii) comprehensive re-entry planning; and. Prisoners should also have regular access to a variety of broadcast media to enable them to remain informed about public affairs. the same exercise price and expiration as the call option. Each jurisdiction should develop a comprehensive plan, in advance of entering into any contract, to ensure that this ability remains. (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. Searches of prisoners bodies should follow a written protocol that implements this Standard. (c) The handbook should contain specific criteria and procedures for discipline and classification decisions, including decisions involving security status and work and housing assignments. (c) Correctional authorities should provide prisoners, without charge, basic individual hygiene items appropriate for their gender, as well as towels and bedding, which should be exchanged or laundered at least weekly. (v) No prisoner should be allowed to participate in behavioral or biomedical research unless that prisoner has given voluntary and informed consent in writing in accordance with an approved protocol which requires that the prisoner be informed and express understanding of: A. the likely risks, including possible side effects, of any procedure or medication; B. the likelihood and degree of improvement, remission, control, or cure resulting from any procedure or medication; C. the uncertainty of the benefits and hazards of any procedure or medication and the reasonable alternatives; D. the fact that a decision to participate or to decline participation will not affect the conditions of the prisoners confinement; E. the ability to withdraw from the study at any time without adverse consequences unrelated to any physical or psychological results of such withdrawal; and. (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. 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. A final determination of serious misconduct involving a prisoner should result in termination of the employment of the staff member and should be reported to relevant law enforcement and licensing agencies. b. administrative control theory. (iv) Provision should be made for appropriate health care for adverse medical or mental health conditions or reactions resulting from participation. (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. (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 not unreasonably delay the delivery of these legal documents. Return to the home page of the Criminal Justice Standards, American Bar Association (d) Prisoners placed in segregated housing for reasons other than discipline should be allowed as much out-of-cell time and programming participation as practicable, consistent with security. Complaints of dental pain should be referred to a qualified dental professional, and necessary treatment begun promptly. (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. Sanctions should be reasonable in light of the offense and the prisoners circumstances, including disciplinary history and any mental illness or other cognitive impairment. (b) A prisoner should not be separated from the general population or denied programmatic opportunities based solely on the prisoners offense or sentence, except that separate housing areas should be permissible for prisoners under sentence of death. (s) The term serious mental illness means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality or cope with the ordinary demands of life within the prison environment and is manifested by substantial pain or disability. (c) Correctional authorities should assign to single occupancy cells prisoners not safely or appropriately housed in multiple occupancy cells, and correctional and governmental authorities should maintain sufficient numbers of such single cells for the needs of a facilitys particular prisoner population. In order to implement appropriate classification, housing, and programming, correctional officials should: (a) implement an objective classification system that determines for each prisoner the proper level of security and control, assesses the prisoners needs, and assists in making appropriate housing, work, cellmate, and program assignments; (b) initially and periodically validate an objective classification instrument to ensure consistent and appropriate custody and other decisions for each correctional facilitys population, including prisoners assignments to multiple occupancy cells or dormitories; and. (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. Correctional facility policies should not significantly burden a prisoners ability to engage in a practice motivated by a sincerely held religious belief, even by imposition of a facially neutral rule or policy, absent a compelling institutional interest and a determination that there are no less restrictive means of furthering that interest. (c) Correctional authorities should prevent co-mingling of restrained and unrestrained prisoners either in a correctional facility or during transport. (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. (e) Correctional authorities should be permitted to use canines inside the secure perimeter of a correctional facility only for searches and, except in emergencies, only if prisoners have been moved away from the area to be searched. 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. (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. (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. To vote, if eligible to vote, if eligible to vote upon release from further sexual assaults contacts... Have rehabilitative responsibilities in addition to custodial functions mend and machine launder their if! 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