a judicial order asking correctional officers to producea judicial order asking correctional officers to produce

(e) Correctional authorities should not read, censor, alter, or destroy a prisoners legal materials. (b) In imposing and enforcing financial obligations on prisoners, governmental authorities, including courts, should consider both the interest served by the imposition of the obligation and the cumulative effect of financial obligations on a prisoners successful and law-abiding re-entry. (c) When federal or state law authorizes a governmental or non-governmental agency or organization to conduct an investigation relating to a correctional facility, correctional officials should allow that agency or organization convenient and complete access to the facility and should cooperate fully in the investigation. When medically necessary, correctional authorities should be permitted to place a prisoner with a readily transmissible contagious disease in appropriate medical isolation or to restrict such a prisoner in other ways to prevent contagion of others. 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. (a) Contracts with private corporations or other private entities for the operation of a secure correctional facility should be disfavored. Assume all accounts have normal balances. (c) At intervals not to exceed [30 days], correctional authorities should conduct and document an evaluation of each prisoners progress under the individualized plan required by subdivision (b) of this Standard. (k) The term prisoner means any person incarcerated in a correctional facility. b. administrative control theory. (b) Conditions of extreme isolation should not be allowed regardless of the reasons for a prisoners separation from the general population. Correctional officials and administrators should review and retain the file for purposes of management, staff discipline, training, and the identification of trends. (iii) implementing policies and programs that facilitate healthy interactions between prisoners and their families, including their minor children. (c) When appropriate, health care complaints should be evaluated and treated by specialists. Disabled prisoners access to facilities, programs, services, or activities should be provided in the most integrated setting appropriate. (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. If a publication or piece of correspondence contains material in violation of the facilitys written guidelines, correctional authorities should make reasonable efforts to deny only those segregable portions of the publication or correspondence that present concerns. 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 suicidal prisoners clothing should be removed only if an individualized assessment finds such removal necessary, and the affected prisoner should be provided with suicide resistant garments that are sanitary, adequately modest, and appropriate for the temperature. (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. Preparation for re-entry should include assistance in locating housing, identifying and finding job opportunities, developing a resume and learning interviewing skills, debt counseling, and developing or resuming healthy family relationships. (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. (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. 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) 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. (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. the prisoner has the right to a hearing before a felony trial judge. (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. (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. A staff member should report any information relating to corrupt or criminal conduct by other staff directly to the chief executive officer of the facility or to an independent government official with responsibility to investigate correctional misconduct, and should provide any investigator with full and candid information about observed misconduct. (a) Health care areas in a correctional facility should be safe and sanitary, should include appropriately private areas for examination and treatment, and should be designed so that prisoners can hold confidential discussions with health care personnel. (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. Physical restraints should be used only as a last resort and their use should comply with the limitations in Standard 23-5.9. Correctional authorities should be permitted to censor material if it could be censored in publications sent to prisoners through the mail. (e) If correctional officials conduct a disciplinary proceeding during the pendency of a criminal investigation or prosecution, correctional authorities should advise the prisoner of the right to remain silent during the proceeding, and should not use that silence against the prisoner. (b) Monitoring teams should possess expertise in a wide variety of disciplines relevant to correctional agencies. 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. (a) Correctional administrators should develop and implement policies governing use of chemical agents and electronic weaponry. 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. 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. Prisoners should receive opportunities to mend and machine launder their clothing if the facility does not provide these services. (d) The handbook should specify the authorized means by which prisoners should seek information, make requests, obtain medical or mental health care, seek an accommodation relating to disability or religion, report an assault or threat, and seek protection. Correctional authorities should provide the plan or a summary of it to the prisoner, and explain it, so that the prisoner can understand such expectations. (a) Each sentenced prisoner should be employed substantially full-time unless there has been an individualized determination that no work assignment for that prisoner is consistent with security and safety. All other information should be disclosed only upon the prisoners written consent unless: (i) a government official specifies in writing the particular information desired, the officials agency is authorized by law to request that information, and the disclosure of the information is appropriately limited to protect the prisoners privacy; (ii) the material is sought only for statistical, research, or reporting purposes and is not in a form containing the prisoners name, number, symbol, or other information that might identify the prisoner; (iii) the disclosure is made pursuant to a valid court order or subpoena, or is otherwise required by law; or. (b) Correctional administrators should require staff to participate in a comprehensive pre-service training program, a regular program of in-service training, and specialized training when appropriate. (b) 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. Correctional officials should be permitted to withhold: (i) information that constitutes diagnostic opinion that might disrupt the prisoners rehabilitation; (ii) sources of information obtained upon a promise of confidentiality, including as much of the information itself as risks disclosing the source; (iii) information that, if disclosed, might result in harm, physical or otherwise, to any person; and. 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. (d) The monitoring agency should continue to assess and report on previously identified problems and the progress made in resolving them until the problems are resolved. (c) The term correctional agency means an agency that operates correctional facilities for a jurisdiction or jurisdictions and sets system-wide policies or procedures, along with that agencys decision-makers. These Standards supplant the previous ABA Criminal Justice Standards on the Legal Status of Prisoners and, in addition, new Standard 23-6.15 supplants Standards 7-10.2 and 7-10.5 through 7-10.9 of the ABA Criminal Justice Mental Health Standards. (c) 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. (d) A correctional agency should implement reasonable policies and procedures governing staff use of force against prisoners; these policies should establish a range of force options and explicitly prohibit the use of premature, unnecessary, or excessive force. (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. Specialized equipment may be required in larger facilities and those serving prisoners with special medical needs. (b) Correctional administrators and officials should implement recruitment and selection processes that will ensure that staff are professionally qualified, psychologically fit to work with prisoners, and certified or licensed as appropriate. e) The term correctional facility means any place of adult criminal detention, including a prison, jail, or other facility operated by or on behalf of a correctional or law enforcement agency, without regard to whether such a facility is publicly or privately owned or operated. (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. brutality and inhumane living conditions. (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. (d) The location and storage of firearms should be strictly regulated. 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. (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) When practicable, correctional authorities should prevent prisoners from observing searches and shakedowns of other prisoners cells and property. These materials should include paper, writing implements, envelopes, and stamps. Physical features that facilitate suicide attempts should be eliminated in all segregation cells. Correctional authorities should promptly relay any such report, or any other information they obtain regarding such conduct, to the chief executive officer of the facility. (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. Correctional officials should allow a prisoner not receiving home furloughs to have extended visits with the prisoners family in suitable settings, absent an individualized determination that such an extended visit would pose a threat to safety or security. As the situation improves, privileges and activities for the affected area should be progressively increased. 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. an officer conducts a hearing on the legality of the complaint after consulting state or federal legal counsel. (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. (b) Correctional authorities should not place a prisoner in long-term segregated housing based on the security risk the prisoner poses to others unless less restrictive alternatives are unsuitable in light of a continuing and serious threat to the security of the facility, staff, other prisoners, or the public as a result of the prisoners: (i) history of serious violent behavior in correctional facilities; (ii) acts such as escapes or attempted escapes from secure correctional settings; (iii) acts or threats of violence likely to destabilize the institutional environment to such a degree that the order and security of the facility is threatened; (iv) membership in a security threat group accompanied by a finding based on specific and reliable information that the prisoner either has engaged in dangerous or threatening behavior directed by the group or directs the dangerous or threatening behavior of others; or. Governmental authorities should strive to locate correctional facilities near the population centers from which the bulk of their prisoners are drawn, and in communities where there are resources to supplement treatment programs for prisoners and to provide staff for security, programming, and treatment. When any property is confiscated, the prisoner should be given written documentation of this information. 2022 American Bar Association, all rights reserved. the same exercise price and expiration as the call option. Correctional authorities should not conduct searches in order to harass or retaliate against prisoners individually or as a group. (c) Subject to the restrictions in Standard 23-8.6, correctional authorities should allow prisoners to produce works of artistic expression and to submit for publication books, articles, creative writing, art, or other contributions to media outside the facility under their own names. Correctional authorities should not hog-tie prisoners or restrain them in a fetal or prone position. (v) to enforce an order after a prisoner has been immobilized or a threat has been neutralized. A prisoner who requires care not available in the correctional facility should be transferred to a hospital or other appropriate place for care. (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. (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. 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. (b) Governmental authorities should authorize and fund an official or officials independent of each correctional agency to investigate the acts of correctional authorities, allegations of mistreatment of prisoners, and complaints about conditions in correctional facilities, including complaints by prisoners, their families, and members of the community, and to refer appropriate cases for administrative disciplinary measures or criminal prosecutions. (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. (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. While on-site programs are preferred, correctional authorities without resources for on-site classes should offer access to correspondence courses, online educational opportunities, or programs conducted by outside agencies. (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. (g) If correctional authorities assign a prisoner to protective custody, such a prisoner should be: (i) housed in the least restrictive environment practicable, in segregated housing only if necessary, and in no case in a setting that is used for disciplinary housing; (ii) allowed all of the items usually authorized for general population prisoners; (iii) provided opportunities to participate in programming and work as described in Standards 23-8.2 and 8.4; and. (a) To the extent practicable and consistent with prisoner and staff safety, correctional authorities should minimize the periods during the day in which prisoners are required to remain in their cells. 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. A correctional agency should provide community-based transitional facilities to assist in this reintegration process. 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. The record should identify the circumstances of the search, the persons who conducted the search, any staff who are witnesses, and any confiscated materials. This Standards can also be purchased in a book format. (g) If practicable, staff should seek intervention and advice from a qualified mental health professional prior to a planned or predictable use of force against a prisoner who has a history of mental illness or who is exhibiting behaviors commonly associated with mental illness. (c) Dental care should be provided to treat prisoners dental pain, eliminate dental pathology, and preserve and restore prisoners ability to chew. (b) Health care providers in a non-federal correctional facility should be fully licensed in the state in which the facility is located; health care providers in a federal correctional facility should be fully licensed in the United States. Each respondent was also asked whether they are currently depressed (1 = Yes, 2 = No). They should have opportunities to make suggestions and express concerns, develop innovative practices, and contribute to the agencys institutional planning process. Segregated housing should be for the briefest term and under the least restrictive conditions practicable and consistent with the rationale for placement and with the progress achieved by the prisoner. (a) In no case should restrictions relating to a prisoners programming or other privileges, whether imposed as a disciplinary sanction or otherwise, detrimentally alter a prisoners: (i) exposure to sufficient light to permit reading in the prisoners housing area, and reasonable darkness during the sleeping hours; (iv) exposure to either unusual amounts of noise or to auditory isolation; (vi) access to medication or medical devices or other health care; (vii) nutrition, except as permitted by Standard 23-3.4(c); (ix) counsel or clergy visits, or written communication with family members, except as provided in subdivision (d) of this Standard. (f) Prisoners should be provided basic educational materials relating to disease prevention, good health, hygiene, and proper usage of medication. (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. In their interactions with prisoners, they should model fair, respectful, and constructive behavior; engage in preventive problem-solving; and rely upon effective communication. (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. Correctional authorities should take steps necessary to protect the prisoner from further sexual assaults, contacts, or exploitation. Correctional officials should strive to create an institutional culture in which sexual assault or sexual pressure is not tolerated, expected, or made the subject of humor by staff or prisoners. (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. (a) Governmental authorities should allow prisoners to produce newspapers and other communications media for the dissemination of information, opinions, and other material of interest, and to distribute such media to the prisoner population and to the general public. Price and expiration as the call option not read, censor, alter, or destroy prisoners. Written documentation of this information in larger facilities and those serving prisoners with special needs... Or exploitation prone position destroy a prisoners legal materials facilitate suicide attempts be... 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