If a prisoner has met the terms of the individual plan, there should be a presumption in favor of releasing the prisoner from segregated housing. (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. (b) Correctional authorities should provide prisoners with clean, appropriately sized clothing suited to the season and facility temperature and to the prisoners work assignment and gender, in quantities sufficient to allow for a daily change of clothing. 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. Provision should be made for prisoners who face literacy, language, or other communication barriers to be able to communicate their health needs. 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. Correctional authorities should allow legislators who sit on correctional oversight committees to speak privately with staff and prisoners. (h) Except in an emergency, such as a natural disaster, no prisoner of a state or local correctional agency should be sent out of state to a private facility pursuant to a contract unless there has been an individualized determination that security of the system or the prisoner requires it, or that the prisoner and the prisoners individualized programming plan and individualized re-entry plan will not be significantly adversely affected by the move. Prisoners should also be permitted to purchase hygiene supplies in a commissary. 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. the prisoner has the right to a hearing before a felony trial judge. The evaluation process should include mechanisms by which prisoners can provide both positive and negative comments about their care. 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. more than half of the inmates on death row are _____________, in ______ the supreme court ruled that offenders cannot be sentenced to death for a crime they committed before they reached the age of 18, an ________________is a public official with full authority to investigate citizens complaints against government officials, with respect to inmate grievances, it is believed that the most difficult type of situation to resolve is _______. (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. Return to the home page of the Criminal Justice Standards, American Bar Association Correctional policies regarding electronic communication by prisoners should consider public safety, institutional security, and prisoners interest in ready communication. 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. (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. (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. If correctional authorities have a reasonable suspicion that a prisoners legal materials contain non-legal material that violates written policy, they should be permitted to read the materials only to the extent necessary to determine whether they are legal in nature. 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. Prisoners should receive credit against any disciplinary sentence for time served in prehearing confinement if prehearing conditions were substantially similar to conditions in disciplinary segregation. (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. Procedures should exist for identifying individual prisoners who did not participate in incidents that led to the lockdown and whose access to programs and movement within the facility may be safely restored prior to the termination of lockdown status. (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. (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. When any property is confiscated, the prisoner should be given written documentation of this information. (ix) prompt review of the classification committees decision by correctional administrators. When practicable and consistent with security, a prisoner should be permitted to observe any search of personal property belonging to that prisoner. A correctional agency should provide community-based transitional facilities to assist in this reintegration process. (d) Correctional authorities should house and manage prisoners with physical disabilities, including temporary disabilities, in a manner that provides for their safety and security. Health care personnel should document any injuries sustained. A contracting agency should make provision for on-site monitoring of each location to which prisoners are sent. (c) Deadly force to prevent an escape should be permitted only when the prisoner is about to leave the secure perimeter of a correctional facility without authorization or, if the prisoner is permitted to be on the grounds outside the secure perimeter, the prisoner is about to leave the facility grounds without authorization. (a) Governmental authorities should enact legislation to implement and fund compliance with these Standards. the courts have recognized all of the following specific interests as justifying some restrictions on the constitutional rights of prisoners, except: in _______ the supreme court ruled juries, not judges, must make the crucial factual decisions on whether a convicted murderer should receive the death penalty. (p) The term qualified health care professional means physicians, physician assistants, nurses, nurse practitioners, dentists, qualified mental health professionals, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and provide health care to patients. (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. (iii) implementing policies and programs that facilitate healthy interactions between prisoners and their families, including their minor children. 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. (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. (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. (d) Governmental authorities should prepare a financial and correctional impact statement to accompany any proposed criminal justice legislation that would affect the size, demographics, or requirements of the jurisdictions prison and jail populations, and should periodically assess the extent to which criminal justice legislation is achieving positive results. (c) Prisoners should work under health and safety conditions substantially the same as those that prevail in similar types of employment in the free community, except to the extent that security requires otherwise. To go to a particular black letter Standard (without commentary), click on the relevant Standard in the Table of Contents, below. (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. (xi) preventing idleness by providing constructive activities for all prisoners as provided in Standards 23-8.2 and 23-8.4. (l) The term counsel means retained or prospectively retained attorneys, or others sponsored by an attorney such as paralegals, investigators, and law students. (a) Correctional officials should implement procedures to identify prisoners at risk for suicide and to intervene to prevent suicides. (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. (iii) after the risk that justified the use of force has passed. (a) Governmental officials should assure prisoners full access to the judicial process. (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. A correctional facility should be subject to the same enforcement penalties and procedures, including abatement procedures for noncompliance, as are applicable to other institutions. 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. 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. (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. In those situations, each staff member should also have available for use a weapon less likely to be lethal. Any visual surveillance and supervision of a prisoner who is undergoing an intimate medical procedure should be conducted by correctional officers of the same gender as the prisoner. (b) Correctional authorities should screen each prisoner as soon as possible upon the prisoners admission to a correctional facility to identify issues requiring immediate assessment or attention, such as illness, communicable diseases, mental health problems, drug or alcohol intoxication or withdrawal, ongoing medical treatment, risk of suicide, or special education eligibility. For a pdf version of the publication, Click Here. F. the contact information for a person to whom questions about the study can be posed and problems reported. (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. The standard menu should not be varied for any prisoner without the prisoners consent, except that alternative food should be permitted for a limited period for a prisoner in segregated housing who has used food or food service equipment in a manner that is hazardous to the prisoner or others, provided that the food supplied is healthful, palatable, and meets basic nutritional requirements. 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. (a) A prisoner should be placed or retained in long-term segregated housing only after an individualized determination, by a preponderance of the evidence, that the substantive prerequisites set out in Standards 23-2.7 and 23-5.5 for such placement are met. No prisoner should be shackled during a work assignment except after an individualized determination that security requires otherwise. (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. Modifications are not required if they would pose an undue burden to the facility, cause a fundamental alteration to a program, or pose a direct threat of substantial harm to the health and safety of the prisoner or others. Such a prisoner should have the opportunity to earn an equal amount of good conduct time credit for participating in alternative activities. (d) A prisoner who files a lawsuit with respect to prison conditions but has not exhausted administrative remedies at the time the lawsuit is filed should be permitted to pursue the claim through the grievance process, with the lawsuit stayed for up to [90 days] pending the administrative processing of the claim, after which a prisoner who filed a grievance during the period of the stay should be allowed to proceed with the lawsuit without any procedural bar. (h) Correctional agencies should work together to develop uniform national definitions and methods of defining, collecting, and reporting accurate and complete data. (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. 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. (iii) Weekly, a qualified mental health professional should observe and seek to talk with each prisoner. (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. 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. (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. 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. (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. (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) Correctional authorities should recognize and respect prisoners freedom of religion. 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