A competent prisoner who refuses food should not be force-fed except pursuant to a court order. G. the time a prisoner spends meeting with counsel should not count as personal visiting time. 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. (d) Correctional authorities should review the classification of a prisoner housed in a prison at least every [12 months], and the classification of a prisoner housed in a jail at least every [90 days]. (d) In the event of a lockdown of longer than [7 days], a qualified mental health professional should visit the affected housing units at least weekly to observe and talk with prisoners in order to assess their mental health and provide necessary services. (d) Correctional authorities should house and manage prisoners with physical disabilities, including temporary disabilities, in a manner that provides for their safety and security. 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. (f) When staff observe a prisoner who appears to have attempted or committed suicide, they should administer appropriate first-aid measures immediately until medical personnel arrive and assess the situation. (f) If long-term imprisonment is anticipated, a prisoner with an infant should be helped to develop necessary plans for alternative care for the infant following the period described in subdivision (e) of this Standard, in coordination with social service agencies. (c) Dental care should be provided to treat prisoners dental pain, eliminate dental pathology, and preserve and restore prisoners ability to chew. (b) Correctional authorities should permit prisoners to pursue lawful religious practices consistent with their orderly confinement and the security of the facility. A written translation in a language the prisoner understands should be provided within a reasonable period of time to each literate prisoner who does not understand English. (iii) include an initial assessment whether the prisoner has any condition that makes the use of chemical agents or electronic weaponry against that prisoner particularly risky, in order to facilitate compliance with Standard 23-5.8(d). Salaries and benefits should be sufficient to attract and retain qualified staff. No prisoner should be shackled during a work assignment except after an individualized determination that security requires otherwise. Where authorized by law, a correctional official should also be permitted to order an autopsy. The prisoners own views with respect to his or her own safety should be given serious consideration. Work assignments, housing placements, and diets for each prisoner should be consistent with any health care treatment plan developed for that prisoner. For purposes of this subdivision, a prisoner in custody for transit to or from a secure correctional facility is considered to be within the perimeter of such facility. (a) A correctional agency should establish an independent internal audit unit to conduct regular performance auditing and to advise correctional administrators on compliance with established performance indicators, standards, policies, and other internal controls. (e) Consistent with such confidentiality as is required to prevent a significant risk of harm to other persons, a prisoner being evaluated for placement in long-term segregated housing for any reason should be permitted reasonable access to materials considered at both the initial and the periodic reviews, and should be allowed to meet with and submit written statements to persons reviewing the prisoners classification. (vi) All consent forms should be reviewed and approved by the insti tutional review board before they are presented to the prisoner. (a) Deadly force means force that creates or is intended to create a substantial risk of death or serious bodily harm. (b) Prisoners should have the right to refuse requests for interviews and should be notified of that right and given an opportunity to consult with counsel, if they have counsel, prior to an interview. (iv) any other form of cruel, inhuman, or degrading treatment. (ii) be permitted only upon individualized reasonable suspicion that the prisoner is carrying contraband, unless the prisoner has recently had an opportunity to obtain contraband, as upon admission to the facility, upon return from outside the facility or a work assignment in which the prisoner has had access to materials that could present a security risk to the facility, after a contact visit, or when the prisoner has otherwise had contact with a member of the general public; provided that a strip search should not be permitted without individualized reasonable suspicion when the prisoner is an arrestee charged with a minor offense not involving drugs or violence and the proposed strip search is upon the prisoners admission to a correctional facility or before the prisoners placement in a housing unit. (a) Correctional authorities should protect prisoners from physical injury, corporal punishment, sexual assault, extortion, harassment, and personal abuse, among other harms. For biomedical research that poses more than a minimal risk to its participants, prisoner participation should be allowed only if the research offers potential benefits to its participants, and only if it has been determined to be safe for them. (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. (f) Except in an emergency, force should not be used unless authorized by a supervisory officer. Refer to the previous exercise. 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) Prisoners should be informed of the health care options available to them. (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. (a) Independent governmental bodies responsible for such matters as fire safety, sanitation, environmental quality, food safety, education, and health should regulate, inspect, and enforce regulations in a correctional facility. 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. Correctional policies regarding electronic communication by prisoners should consider public safety, institutional security, and prisoners interest in ready communication. Correctional officials should establish criteria for forwarding such reports to a specialized unit trained in the appropriate investigation methods. 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. In February 2010, the ABA House of Delegates approved a set of ABA Criminal Justice Standards on Treatment of Prisoners. (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. Prisoners should also have regular access to a variety of broadcast media to enable them to remain informed about public affairs. (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. Prisoners should be allowed to receive any visitor not excluded by correctional officials for good cause. If a prisoner refuses care in such a situation, health care staff should take steps to involve other trusted individuals, such as clergy or the prisoners family members, to communicate to the prisoner the importance of the decision. (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. (a) A correctional agency and facility should be appropriately staffed to promote safety for all staff and prisoners and allow the full operation of all programs and services and a reasonable work schedule for each staff member. (e) A correctional agencys grievance procedure should be designed to instill the confidence of prisoners and correctional authorities in the effectiveness of the process, and its success in this regard should be periodically evaluated. 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. The provisions of this Standard applicable to counsel apply equally to consular officials for prisoners who are not United States citizens. Is there sufficient evidence to infer that alcohol and current depression are related? (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. Physical restraints should be used only as a last resort and their use should comply with the limitations in Standard 23-5.9. This Standards can also be purchased in a book format. (e) Governmental authorities should allow a prisoner to engage counsel of the prisoners choice when the prisoner is able to do so. 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. Substantial educational or rehabilitative programs can substitute for employment of the same duration. (c) Correctional administrators and officials should adopt a formal procedure for resolving specific prisoner grievances, including any complaint relating to the agencys or facilitys policies, rules, practices, and procedures or the action of any correctional official or staff. (a) Correctional authorities should allow prisoners to communicate as frequently as practicable in writing with their families, friends, and representatives of outside organizations, including media organizations. (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. (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. (d) Correctional authorities should be permitted to reasonably restrict, but not eliminate, counsel visits, clergy visits, and written communication if a prisoner has engaged in misconduct directly related to such visits or communications. Prisoners currently threatening or attempting suicide should be under continuous staff observation. (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. (e) A lockdown should last no longer than necessary. (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. Correctional authorities should not presume that sexual activity among prisoners is consensual. (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. (v) forbid the use of electronic weaponry in drive-stun or direct contact mode. Consistent with Standard 23-2.5, routine preventive dental care and education about oral health care should be provided to those prisoners whose confinement may exceed one year. (a) No prisoner diagnosed with serious mental illness should be placed in long-term segregated housing. Governmental authorities should make every effort to house all prisoners in need of secure confinement in publicly operated correctional facilities. (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. Prisoners should not be required to work more than 40 hours each week, and should be afforded at least one rest day each week and sufficient time apart from work for education and other activities. Whenever practicable, a qualified health care professional should participate in efforts to avoid using four- or five-point restraints. A correctional agency should provide community-based transitional facilities to assist in this reintegration process. (a) Each correctional agency should employ or contract with a sufficient number of qualified medical, dental, and mental health professionals at each correctional facility to render preventive, routine, urgent, and emergency health care in a timely manner consistent with accepted health care practice and standards. (f) Correctional officials should implement a system to facilitate the return to lower levels of custody of prisoners housed in long-term segregated housing. Assume all accounts have normal balances. which of the following alternatives to litigation has NOT been incorporated into state correctional systems? (c) Correctional authorities should minimize the extent to which vulnerable prisoners needing protection are subjected to rules and conditions a reasonable person would experience as punitive. (b) If necessary for an investigation or the reasonable needs of law enforcement or prosecuting authorities, correctional authorities should be permitted to confine a prisoner under investigation for possible criminal violations in segregated housing for a period no more than [30 days]. (e) Correctional authorities should not retaliate against a prisoner for that prisoners lawful communication with a member of the media. The frequency of periodic medical assessments should accord with community health standards, taking account of the age and health status of each prisoner. (d) Correctional authorities should be permitted to open and inspect an envelope, package, or container sent to or by a prisoner to determine if it contains contraband or other prohibited material, subject to the restrictions set forth in these Standards on inspection of mail to or from counsel. Correctional authorities should take care to prevent injury to restrained prisoners, and should not restrain a prisoner in any manner that causes unnecessary physical pain or extreme discomfort, or that restricts the prisoners blood circulation or obstructs the prisoners breathing or airways. (c) All prisoners placed in segregated housing should be provided with meaningful forms of mental, physical, and social stimulation. The plan should include an assessment of the prisoners needs, a strategy for correctional authorities to assist the prisoner in meeting those needs, and a statement of the expectations for the prisoner to progress toward fewer restrictions and lower levels of custody based on the prisoners behavior. 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. A decision to retain a prisoner in segregated housing following consideration by the classification review committee should be reviewed by a correctional administrator, and approved, rejected, or modified as appropriate. Prisoners should continue to have unrestricted access to toilets, washbasins, and drinking water. (a) A correctional agency should ensure each prisoners continuity of care, including with respect to medication, upon entry into the correctional system, during confinement and transportation, during and after transfer between facilities, and upon release. (a) Correctional authorities should be permitted to impose a range of disciplinary sanctions to maintain order and ensure the safe custody of prisoners. ], Standard 23-1.1 General principles governing imprisonment, Standard 23-2.3 Classification procedures, Standard 23-2.4 Special classification issues, Standard 23-2.6 Rationales for segregated housing, Standard 23-2.7 Rationales for long-term segregated housing, Standard 23-2.8 Segregated housing and mental health, Standard 23-2.9 Procedures for placement and retention in long-term segregated housing, Standard 23-3.1 Physical plant and environmental conditions, Standard 23-3.2 Conditions for special types of prisoners, Standard 23-3.6 Recreation and out-of-cell time, Standard 23-3.7 Restrictions relating to programming and privileges, Standard 23-3.9 Conditions during lockdown, Standard 23-4.1 Rules of conduct and informational handbook, Standard 23-4.2 Disciplinary hearing procedures, Standard 23-5.1 Personal security and protection from harm, Standard 23-5.2 Prevention and investigation of violence, Standard 23-5.4 Self-harm and suicide prevention, Standard 23-5.5 Protection of vulnerable prisoners, Standard 23-5.8 Use of chemical agents, electronic weaponry, and canines, Standard 23-5.9 Use of restraint mechanisms and techniques, Standard 23-6.1 General principles governing health care, Standard 23-6.2 Response to prisoner health care needs, Standard 23-6.3 Control and distribution of prescription drugs, Standard 23-6.4 Qualified health care staff, Standard 23-6.6 Adequate facilities, equipment, and resources, Standard 23-6.8 Health care records and confidentiality, Standard 23-6.9 Pregnant prisoners and new mothers, Standard 23-6.11 Services for prisoners with mental disabilities, Standard 23-6.12 Prisoners with chronic or communicable diseases, Standard 23-6.13 Prisoners with gender identity disorder, Standard 23-6.14 Voluntary and informed consent to treatment, Standard 23-6.15 Involuntary mental health treatment and transfer, Standard 23-7.2 Prisoners with disabilities and other special needs, Standard 23-7.5 Communication and expression, Standard 23-7.7 Records and confidentiality, Standard 23-7.9 Searches of prisoners bodies, Standard 23-7.10 Cross-gender supervision, Standard 23-7.11 Prisoners as subjects of behavioral or biomedical research, Standard 23-8.8 Fees and financial obligations, Standard 23-8.9 Transition to the community, Standard 23-9.2 Access to the judicial process, Standard 23-9.3 Judicial review of prisoner complaints, Standard 23-9.4 Access to legal and consular services, Standard 23-9.5 Access to legal materials and information, Standard 23-10.2 Personnel policy and practice, Standard 23-10.5 Privately operated correctional facilities, Standard 23-11.2 External regulation and investigation, Standard 23-11.3 External monitoring and inspection, Standard 23-11.4 Legislative oversight and accountability, Standard 23-11.5 Media access to correctional facilities and prisoners, ABA Criminal Justice Standards on Treatment of Prisoners (Approved by ABA House of Delegates, Feb. 2010), Correctional agencies, facilities, staff, and prisoners. (a) Correctional authorities should afford prisoners a reasonable opportunity to maintain telephonic communication with people and organizations in the community, and a correctional facility should offer telephone services with an appropriate range of options at the lowest possible rate, taking into account security needs. 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. (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. (d) The term correctional authorities means all correctional staff, officials, and administrators. (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. C. If a contractor is delegated the authority to classify prisoners, the classification system and instrument should be approved and individual classification decisions reviewed by the contracting agency. (c) Pat-down searches and other clothed body searches should be brief and avoid unnecessary force, embarrassment, and indignity to the prisoner. (b) A prisoner with a criminal charge or removal action pending should be housed in a correctional facility sufficiently near the courthouse where the case will be heard that the preparation of the prisoners defense is not unreasonably impaired. (c) A correctional facility should maintain order and should protect prisoners from harm from other prisoners and staff. 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. (b) No prisoner under the age of eighteen should be housed in an adult correctional facility. The record should identify the circumstances of the search, the persons who conducted the search, any staff who are witnesses, and any confiscated materials. 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. 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.

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