They should have opportunities to make suggestions and express concerns, develop innovative practices, and contribute to the agencys institutional planning process. Prisoners should be allowed an adequate time to eat each meal. (a) Correctional agencies and facilities should provide housing options with conditions of confinement appropriate to meet the protection, programming, and treatment needs of special types of prisoners, including female prisoners, prisoners who have physical or mental disabilities or communicable diseases, and prisoners who are under the age of eighteen or geriatric. (ii) For meetings between counsel and a prisoner: A. absent an individualized finding that security requires otherwise, counsel should be allowed to have direct contact with a prisoner who is a client, prospective client, or witness, and should not be required to communicate with such a prisoner through a glass or other barrier; B. counsel should be allowed to meet with a prisoner in a setting where their conversation cannot be overheard by staff or other prisoners; C. meetings or conversations between counsel and a prisoner should not be audio recorded by correctional authorities; D. during a meeting with a prisoner, counsel should be allowed to pass previously searched papers to and from the prisoner without intermediate handling of those papers by correctional authorities; E. correctional authorities should be allowed to search a prisoner before and after such a meeting for physical contraband, including by performing a visual search of a prisoners private bodily areas that complies with Standard 23-7.9; F. rules governing counsel visits should be as flexible as practicable in allowing counsel adequate time to meet with a prisoner who is a client, prospective client, or witness, including such a prisoner who is for any reason in a segregated housing area, and should allow meetings to occur at any reasonable time of day or day of the week; and. Conditions of extreme isolation generally include a combination of sensory deprivation, lack of contact with other persons, enforced idleness, minimal out-of-cell time, and lack of outdoor recreation. (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. (e) Any examination of a transgender prisoner to determine that prisoners genital status should be performed in private by a qualified medical professional, and only if the prisoners genital status is unknown to the correctional agency. (c) Hospitals and infirmaries operated by or within correctional facilities should meet the licensing standards applicable to similar, non-prison hospitals or infirmaries. (c) Restrictions relating to a prisoners programming or other privileges, whether as a disciplinary sanction or otherwise, should be permitted to reduce, but not to eliminate, a prisoners: (i) access to items of personal care and hygiene; (ii) opportunities to take regular showers; (iii) personal visitation privileges, but suspension of such visits should be for no more than [30 days]; (iv) opportunities for physical exercise; (v) opportunities to speak with other persons; (vi) religious observance in accordance with Standard 23-7.3; and. (d) Correctional administrators and officials should provide training to volunteers about how to avoid and report inappropriate conduct. (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. To the extent practicable, continually operating stationary video cameras should be used in areas in which uses of force are particularly likely, such as intake areas, segregation, and mental health units. (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. (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. (d) Correctional staff should be provided with safe and healthful working conditions. (a) A correctional facility should be safe and orderly and should be run in a fair and lawful manner. Correctional authorities should be permitted to require prisoners able to perform cleaning tasks to do so, with necessary materials and equipment provided to them regularly and without charge. (iii) Weekly, a qualified mental health professional should observe and seek to talk with each prisoner. The ____________ is a prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management. (b) Each classification decision should be in writing, and should set forth the considerations and factors that led to the decision; the written decision should be made available to the prisoner, and should be explained by an appropriate staff member if the prisoner is incapable of understanding it. (f) Correctional authorities should make reasonable attempts to communicate effectively with prisoners who do not read, speak, or understand English. Each correctional facility should employ sufficient numbers of men and women to comply with Standard 23-7.10. (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. Correctional authorities should be permitted to subject all visitors to nonintrusive types of body searches such as pat-down and metal-detector-aided searches, and to search property visitors bring inside a correctional facility. 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. (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. (a) Correctional authorities should ensure that: (i) a qualified health care professional is designated the responsible health authority for each facility, to oversee and direct the provision of health care in that facility; (ii) prisoners are provided necessary health care, including preventive, routine, urgent, and emergency care ; (iii) such care is consistent with community health care standards, including standards relating to privacy except as otherwise specified in these Standards; (iv) special health care protocols are used, when appropriate, for female prisoners, prisoners who have physical or mental disabilities, and prisoners who are under the age of eighteen or geriatric; and. These materials should include paper, writing implements, envelopes, and stamps. (b) In the months prior to anticipated release of a sentenced prisoner confined for more than [6 months], correctional authorities should develop an individualized re-entry plan for the prisoner, which should take into account the individualized programming plan developed pursuant to Standard 23-8.2(b). 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. (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. (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. (a) A correctional facility should provide prisoners reasonable access to updated legal research resources relevant to prisoners common legal needs, including an appropriate collection of primary legal materials, secondary resources such as treatises and self-help manuals, applicable court rules, and legal forms. (x) perform the above functions in a way that promotes the health and safety of staff. Correctional authorities should not presume that sexual activity among prisoners is consensual. No prisoner should be subjected to cruel, inhuman, or degrading treatment or conditions. 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. Ordinarily, only health care staff should administer prescription drugs, except that health care staff should be permitted to authorize prisoners to hold and administer their own asthma inhalers, and to implement other reasonable keep on person drug policies. (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. (k) The term prisoner means any person incarcerated in a correctional facility. (i) A lack of resources should not excuse treatment or conditions that violate prisoners constitutional or statutory rights. (a) Deadly force means force that creates or is intended to create a substantial risk of death or serious bodily harm. (o) The term long-term segregated housing means segregated housing that is expected to extend or does extend for a period of time exceeding 30 days. Prisoners should also have regular access to a variety of broadcast media to enable them to remain informed about public affairs. 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. No prisoner should receive preferential treatment, including improved living or work conditions or an improved likelihood of early release, in exchange for participation in behavioral or biomedical research, unless the purpose of the research is to evaluate the outcomes associated with such preferential treatment. (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. (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. (iii) The institutional review board should ensure that mechanisms exist to closely monitor the progress of the study to detect and address adverse events or unanticipated problems. (iv) a voter registration card or general instructions on how to register to vote, if eligible to vote upon release. If correctional officials elect to require use of a particular grievance form, correctional authorities should make forms and writing implements readily available and should allow a grievant to proceed without using the designated form if it was not readily available to that prisoner. (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. (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. (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. F. the contact information for a person to whom questions about the study can be posed and problems reported. 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. (c) Correctional authorities should be permitted to confine a prisoner in segregated housing pending the hearing required by subdivision (d) of this Standard, if necessary for individual safety or institutional security. The prisoner should be given written documentation of this information. (a) Correctional authorities should provide prisoners living quarters of adequate size. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints. Correctional authorities should prepare a complete file for the chief executive officer of the facility, including a report, any recordings, and written statements and medical reports for both prisoners and staff. 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. Single-occupancy cells should be the preferred form of prisoner housing. /content/aba-cms-dotorg/en/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_treatmentprisoners. 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 implement visitation policies that assist prisoners in maintaining and developing healthy family relationships by: (i) providing sufficient and appropriate space and facilities for visiting; (ii) establishing reasonable visiting hours that are convenient and suitable for visitors, including time on weekends, evenings, and holidays; and. jailhouse lawyers. (g) A record should be kept documenting any digital or instrumental anal or vaginal cavity search and any other body search in which property is confiscated. the first successful prisoners rights cases of the 1970s involved: In _______, the U.S. supreme court ruled that while the death penalty was constitutional, the way it was used constituted "cruel and unusual" punishment. Correctional authorities, including health care staff, should be alert to identify and document signs of sexual assault and should implement a protocol for providing victims with a thorough forensic medical examination performed by an appropriately trained qualified medical professional. (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) In conducting a search of a prisoners body, correctional authorities should strive to preserve the privacy and dignity of the prisoner. (b) Prisoners should not be charged fees for necessary health care. 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. Disabled prisoners access to facilities, programs, services, or activities should be provided in the most integrated setting appropriate. (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) 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. which of the following alternatives to litigation has NOT been incorporated into state correctional systems? (g) Courts should be permitted to implement rules to protect defendants and courts from vexatious litigation, but governmental authorities should not retaliate against a prisoner who brings an action in court or otherwise exercises a legal right. Correctional authorities should be permitted to regulate the time, place, and manner of prisoners access to these resources for purposes of facility security and scheduling, but prisoners should have regular and sufficient access, without interference with the prisoners ability to eat meals, work, receive health care, receive visits, or attend required treatment or educational programming. (h) Following any incident in which a prisoner is subjected to use of either chemical agents or any kind of weapon or is injured during a use of force, the prisoner should receive an immediate health care examination and appropriate treatment, including decontamination. In February 2010, the ABA House of Delegates approved a set of ABA Criminal Justice Standards on Treatment of Prisoners. (v) be available to the prisoner who is the subject of the records, absent an individualized finding of good cause. b. administrative control theory. (c) Correctional authorities should afford every prisoner an opportunity to obtain a foundation in basic literacy, numeracy, and vocational skills. 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. It includes the status of being actively suicidal; severe cognitive disorders that result in significant functional impairment; and severe personality disorders that result in significant functional impairment and are marked by frequent episodes of psychosis, depression, or self-injurious behavior. Except in unusual circumstances, such as a study of a condition that is solely or almost solely found among incarcerated populations, at least half the subjects involved in any behavioral or biomedical research in which prisoner participation is sought should be non-prisoners. (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. (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. (b) Legislative bodies should exercise vigorous oversight of corrections, including conducting regular hearings and visits. (c) Correctional authorities should be permitted to monitor or record telephonic communications subject to the restrictions set forth in these Standards relating to communications with counsel and confidential communications with external monitoring agencies. (a) Correctional authorities should implement a system that allows each prisoner, regardless of security classification, to communicate health care needs in a timely and confidential manner to qualified health care professionals, who should evaluate the situation and assess its urgency. (i) Governmental authorities should not exempt correctional agencies from their jurisdictions Administrative Procedure Act, Freedom of Information Act, or Public Records Act. an officer conducts a hearing on the legality of the complaint after consulting state or federal legal counsel. Indigent prisoners should be provided a reasonable amount of stationery and free postage or some reasonable alternative that permits them to maintain contact with people and organizations in the community. (iii) as a last alternative after other reasonable efforts to resolve the situation have failed. 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. (b) Correctional authorities should permit prisoners to pursue lawful religious practices consistent with their orderly confinement and the security of the facility. Correctional officials should allow reasonable participation by members of the general public in authorized meetings or activities of such organizations, provided the safety of the public or the security or safety of persons within the facility are not thereby jeopardized. (d) Vehicles used to transport prisoners to and from medical facilities should be adequately equipped with emergency medical equipment and provisions for prisoners with special needs. (r) The term segregated housing means housing of a prisoner in conditions characterized by substantial isolation from other prisoners, whether pursuant to disciplinary, administrative, or classification action. (c) Correctional authorities should assign to single occupancy cells prisoners not safely or appropriately housed in multiple occupancy cells, and correctional and governmental authorities should maintain sufficient numbers of such single cells for the needs of a facilitys particular prisoner population. Prisoners should be entitled to observe special religious practices, including fasting and special dining hours. (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. 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. Correctional authorities should be permitted to examine legal materials received or retained by a prisoner for physical contraband. (b) Correctional authorities should provide all prisoners daily opportunities for significant out-of-cell time and for recreation at appropriate hours that allows them to maintain physical health and, for prisoners not in segregated housing, to socialize with other prisoners. Except in the event of an emergency lockdown of less than [72 hours] in which security necessitates denial of such access, prisoners should be afforded access to showers, correspondence, delivery of legal materials, and grievance procedures. The agency should implement a system to monitor compliance with the contract, and to hold the contracted provider accountable for any deficiencies. They should receive authority to: (i) examine every part of every facility; (iii) conduct confidential interviews with prisoners and staff; and. (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. 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) Correctional authorities should whenever practicable allow each prisoner not in segregated housing to eat in a congregate setting, whether that is a specialized room or a housing area dayroom, absent an individualized decision that a congregate setting is inappropriate for a particular prisoner. Find the Black-Scholes value of a put option on the stock in the previous problem with Physical features that facilitate suicide attempts should be eliminated in all segregation cells. (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. (iii) involuntary testing or treatment would accord with applicable law for a non-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. (h) Correctional agencies should work together to develop uniform national definitions and methods of defining, collecting, and reporting accurate and complete data. (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. (ii) ensure that all health care treatment and medications provided to the prisoner during the term of imprisonment will continue uninterrupted, including, if necessary, providing prescription medication or medical equipment for a brief period reasonably necessary to obtain access to health care services in the community; providing initial medically necessary transportation from the correctional facility to a community health care facility for continuing treatment; or otherwise addressing the prisoners serious immediate post-release health care needs. (e) No cell used to house prisoners in segregated housing should be smaller than 80 square feet, and cells should be designed to permit prisoners assigned to them to converse with and be observed by staff. (e) Correctional authorities should not retaliate against a prisoner for that prisoners lawful communication with a member of the media. 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. Facilities that must use dormitories or other multiple-prisoner living quarters should provide sufficient staffing, supervision, and personal space to ensure safety for prisoners and security for their belongings. In addition, the prisoner should be afforded, at a minimum, the following procedural protections: (i) at least 24 hours in advance of any hearing, written and effective notice of the actions alleged to have been committed, the rule alleged to have been violated by those actions, and the prisoners rights under this Standard; (iii) a hearing at which the prisoner may be heard in person and, absent an individualized determination of good cause, has a reasonable opportunity to present available witnesses and documentary and physical evidence; (vi) if the decision-maker determines that a prisoner is unable to prepare and present evidence and arguments effectively on his or her own behalf, counsel or some other advocate for the prisoner, including a member of the correctional staff or another prisoner with suitable capabilities; (vii) an independent determination by the decision-maker of the reliability and credibility of any confidential informants; (viii) a written statement setting forth the evidence relied on and the reasons for the decision and the sanction imposed, rendered promptly but no later than [5 days] after conclusion of the hearing except in exceptional circumstances where good cause for the delay exists; and. 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