(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. (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. If public transportation to a correctional facility is not available, correctional officials should work with transportation authorities to facilitate the provision of such transportation. (b) Prisoners should be informed of the health care options available to them. (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. (f) Four- or five-point restraints should be used only if a prisoner presents an immediate and extreme risk of serious self-injury or injury to others and only after less restrictive forms of restraint have been determined likely to be ineffective to control the prisoners risky behavior. (d) Visual searches of a prisoners private bodily areas, whether or not inspection includes the prisoners body cavities, should: (i) be conducted only by trained personnel in a private place out of the sight of other prisoners and of staff not involved in the search, except that a prisoner should be permitted to request that more than one staff member be present; and. (e) Health care should be based on the clinical judgments of qualified health care professionals, not on non-medical considerations such as cost and convenience. A correctional agency should provide community-based transitional facilities to assist in this reintegration process. (iv) assertions of a defense to any action brought against them. (iii) the de novo hearing held every [6 months] should decide whether to continue or modify any involuntary treatment, and in reaching that decision should consider, in addition to other relevant evidence, evidence of side effects. Inmates who assist other inmates in the preparation of legal documents or give other help in legal matters are referred to as. The ____________ is a prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management. 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. (c) Correctional authorities should prevent co-mingling of restrained and unrestrained prisoners either in a correctional facility or during transport. 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. (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. (c) A correctional facility should maintain order and should protect prisoners from harm from other prisoners and staff. in regard to an inmates 1st amendment, _____________ requires that a regulation provide a reasonable method of advancing a legitimate institutional goal. (b) Prior to long-term involuntary transfer of a prisoner with a serious mental illness to a dedicated mental health facility, the prisoner should be afforded, at a minimum, the following procedural protections: (i) at least [3 days] in advance of the hearing, written, and effective notice of the fact that involuntary transfer is being proposed, the basis for the transfer, and the prisoners rights under this Standard; (ii) decision-making by a judicial or administrative hearing officer independent of the correctional agency, or by an independent committee that does not include any health care professional responsible for treating or referring the prisoner for transfer or any other correctional staff but does include at least one qualified mental health professional; (iii) a hearing at which the prisoner may be heard in person and, absent an individualized determination of good cause, present testimony of available witnesses, including the prisoners treating mental health professional, and documentary and physical evidence; (iv) absent an individualized determination of good cause, opportunity for the prisoner to confront and cross-examine witnesses or, if good cause to limit such confrontation is found, to propound questions to be relayed to the witnesses; (vi) counsel, or some other advocate with appropriate mental health care training; (vii) a written statement setting forth in detail the evidence relied on and the reasons for a decision to transfer; (viii) an opportunity for the prisoner to appeal to a mental health care review panel or to a judicial officer; and. 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. (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. (b) Correctional agency policy should prohibit use of electronic or chemical weaponry for the following purposes: (iii) to rouse an unconscious, impaired, or intoxicated prisoner; (iv) against any prisoner using passive resistance when there is no immediate threat of bodily harm; or. (a) Correctional authorities should screen each prisoner as soon as possible upon the prisoners admission to a correctional facility to identify the prisoner's immediate potential security risks, including vulnerability to physical or sexual abuse, and should closely supervise prisoners until screening and follow-up measures are conducted. (a) Correctional authorities should be permitted to impose a range of disciplinary sanctions to maintain order and ensure the safe custody of prisoners. up until the 1960s the U.S. federal court system practiced a________ policy with respect to corrections; ultimately giving more power and discretion back to individual states correctional systems. Correctional authorities should provide female prisoners job opportunities reasonably similar in nature and scope to those provided male prisoners. (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. (e) At intervals not to exceed three months, correctional authorities should afford a p risoner placed in protective custody a review to determine whether there is a continuing need for separation from the general population. Whenever practicable, a qualified health care professional should participate in efforts to avoid using four- or five-point restraints. Prisoners should also be permitted to purchase hygiene supplies in a commissary. Physical restraints should be used only as a last resort and their use should comply with the limitations in Standard 23-5.9. (a) Correctional officials should implement a policy to require voluntary and informed consent prior to a prisoners health care examination, testing, or treatment, except as provided in this Standard. Correctional authorities should assess and make appropriate accommodations in housing placement, medical services, work assignments, food services, and treatment, exercise, and rehabilitation programs for such a prisoner. (a) Correctional authorities should use long-term segregated housing sparingly and should not place or retain prisoners in such housing except for reasons relating to: (i) discipline after a finding that the prisoner has committed a very severe disciplinary infraction, in which safety or security was seriously threatened; (ii) a credible continuing and serious threat to the security of others or to the prisoners own safety; or. (iii) internal and external oversight of correctional operations. which of the following alternatives to litigation has NOT been incorporated into state correctional systems? (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) Correctional authorities should provide each prisoner released to the community with a written health care discharge plan that identifies medical and mental health services available to the prisoner in the community. (h) When practicable, giving due regard to security, public safety, and budgetary constraints, correctional officials should authorize prisoners to leave a correctional facility for compelling humanitarian reasons such as a visit to a dying parent, spouse, or child, either under escort or alone. (iii) involuntary testing or treatment would accord with applicable law for a non-prisoner. G. the time a prisoner spends meeting with counsel should not count as personal visiting time. (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. (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. (c) Correctional authorities should be permitted to monitor and restrict both outgoing and incoming written communications and materials to the extent necessary for maintenance of institutional order, safety, and security; prevention of criminal offenses; continuing criminal investigations; and protection of victims of crime. F. the contact information for a person to whom questions about the study can be posed and problems reported. Any claim that a prisoner is refusing treatment for a serious medical or mental health condition should be investigated by a qualified health care professional to ensure that the refusal is informed and voluntary, and not the result of miscommunication or misunderstanding. (c) ensure that classification and housing decisions, including assignment to particular cells and cellmates, take account of a prisoners gender, age, offense, criminal history, institutional behavior, escape history, vulnerability, mental health, and special needs, and whether the prisoner is a pretrial detainee. (c) Correctional authorities should afford every prisoner an opportunity to obtain a foundation in basic literacy, numeracy, and vocational skills. (a) Correctional authorities should not use restraint mechanisms such as handcuffs, leg irons, straitjackets, restraint chairs, and spit-masks as a form of punishment or retaliation. (a) Contracts with private corporations or other private entities for the operation of a secure correctional facility should be disfavored. Refer to the previous exercise. (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. (c) Prisoners should not be required to demonstrate a physical injury in order to recover for mental or emotional injuries caused by cruel and unusual punishment or other illegal conduct. (a) Correctional authorities should protect prisoners from physical injury, corporal punishment, sexual assault, extortion, harassment, and personal abuse, among other harms. (c) A prisoner has the right to refuse proffered accommodations related to a disability or other special needs, provided that the refusal does not pose a security or safety risk. 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. (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. 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. Food should be prepared, maintained, and served at the appropriate temperatures and under sanitary conditions. A prisoner who requires care not available in the correctional facility should be transferred to a hospital or other appropriate place for care. In developing the re-entry plan, correctional authorities should involve any agency with supervisory authority over the prisoner in the community and, with the prisoners permission, should invite involvement by the prisoners family. (c) Correctional administrators and officials should strive to employ a work force at each correctional facility that reasonably reflects the racial and ethnic demographics of the prisoner population by engaging in outreach and recruiting efforts to increase the pool of qualified applicants from underrepresented groups and by implementing appropriate retention policies. A competent prisoner who refuses food should not be force-fed except pursuant to a court order. Such a prisoner should have the opportunity to earn an equal amount of good conduct time credit for participating in alternative activities. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Canines should never be used for purposes of intimidation or control of a prisoner or prisoners. The record should identify the circumstances of the search, the persons conducting the search, any staff who are witnesses, and any confiscated materials. (c) As required by subdivision (b) of this Standard, correctional authorities should provide prisoners with diets of nutritious food consistent with their sincerely held religious beliefs. Prisoners currently threatening or attempting suicide should be under continuous staff observation. (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. (f) A prisoner should be allowed to prepare, receive, and send legal documents to courts, counsel, and public officials. Visits with counsel and clergy should not be counted as visiting time, and ordinarily should be unlimited in frequency. (c) Each state legislature should establish an authority to promulgate and enforce standards applicable to jails and local detention facilities in the state. (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. Officials should provide a clear rationale in writing for any censorship decision, and should afford prisoners a timely opportunity to appeal the decision to a correctional administrator. No prisoner should have access to any other prisoners health care records. Prisoners should be allowed to receive any visitor not excluded by correctional officials for good cause. (iv) any other information reasonably believed to jeopardize institutional security if disclosed. 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. (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. (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. Health care personnel should document any injuries sustained. (e) Correctional authorities should provide each convicted prisoner being released to the community with: (i) specific information about when and how to contact any agency having supervisory responsibility for the prisoner in the community; (ii) general information about the collateral sanctions and disqualifications that may apply because of the prisoners conviction, and where to get more details; and. (a) Correctional administrators should develop and implement policies governing use of chemical agents and electronic weaponry. When a prisoner and infant are separated, the prisoner should be provided with counseling and other mental health support. (c) Dental care should be provided to treat prisoners dental pain, eliminate dental pathology, and preserve and restore prisoners ability to chew. (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. (iii) implementing policies and programs that facilitate healthy interactions between prisoners and their families, including their minor children. 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. (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) To effectuate rehabilitative goals, correctional staff members should have rehabilitative responsibilities in addition to custodial functions. Searches of prisoners bodies should follow a written protocol that implements this Standard. (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. (c) If a correctional agency contracts for provision of any services or programs, it should ensure that the contract requires the provider to comply with these Standards, including Standard 23-9.1 governing grievances. (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. E. The private provider should assume all liability for the operation of the facility, should be prohibited from asserting immunity defenses, and should provide adequate insurance coverage, including insurance for civil rights claims. In addition, if long-term segregation is being considered either because the prisoner poses a credible continuing and serious threat to the security of others or to the prisoners own safety, the prisoner should be afforded, at a minimum, the following procedural protections: (i) timely, written, and effective notice that such a placement is being considered, the facts upon which consideration is based, and the prisoners rights under this Standard; (ii) decision-making by a specialized classification committee that includes a qualified mental health care professional; (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 information; (iv) absent an individualized determination of good cause, opportunity for the prisoner to confront and cross-examine any witnesses or, if good cause to limit such confrontation is found, to propound questions to be relayed to the witnesses; (v) an interpreter, if necessary for the prisoner to understand or participate in the proceedings; (vi) if the classification committee determines that a prisoner is unable to prepare and present evidence and arguments effectively on his or her own behalf, counsel or some other appropriate advocate for the prisoner; (vii) an independent determination by the classification committee of the reliability and credibility of confidential informants if material allowing such determination is available to the correctional agency; (viii) a written statement setting forth the evidence relied on and the reasons for placement; and. (f) Any contract by which a private entity operates a correctional facility should include terms that comport with the following restrictions: A. (a) Correctional authorities should facilitate prisoners access to counsel. A prisoner should be informed of the consequences for the prisoners parental rights of any arrangements contemplated. (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. Restrictions placed on prisoners should be necessary and proportionate to the legitimate objectives for which those restrictions are imposed. (b) Prisoners who are determined to be lawfully taking prescription drugs or receiving health care treatment when they enter a correctional facility directly from the community, or when they are transferred between correctional facilitiesincluding facilities operated by different agenciesshould be maintained on that course of medication or treatment or its equivalent until a qualified health care professional directs otherwise upon individualized consideration. (a) The term protective custody means housing of a prisoner in segregated housing or under any other substantially greater restrictions than those applicable to the general population with which the prisoner would otherwise be housed, in order to protect the prisoner from harm. (d) Governmental authorities should ensure that no birth certificate states that a child was born in a correctional facility. Specialized equipment may be required in larger facilities and those serving prisoners with special medical needs. (i) Governmental authorities should not exempt correctional agencies from their jurisdictions Administrative Procedure Act, Freedom of Information Act, or Public Records Act. 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 receive opportunities to mend and machine launder their clothing if the facility does not provide these services. 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