(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. (d) Medical treatment and testing, and psychological counseling, should be immediately available to victims of sexual assault or of sexual contact with or sexual exploitation by staff. A prisoner should not be restrained while she is in labor, including during transport, except in extraordinary circumstances after an individualized finding that security requires restraint, in which event correctional and health care staff should cooperate to use the least restrictive restraints necessary for security, which should not interfere with the prisoners labor. 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. (a) Correctional administrators and officials should promulgate clear written rules for prisoner conduct, including specific definitions of disciplinary offenses, examples of conduct that constitute each type of offense, and a schedule indicating the minimum and maximum possible punishment for each offense. (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. (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. (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. To promote occupational training for prisoners, work release programs should be used when appropriate. (iv) Provision should be made for appropriate health care for adverse medical or mental health conditions or reactions resulting from participation. (d) When practicable, before using either chemical agents or electronic weaponry against a prisoner, staff should determine whether the prisoner has any contraindicating medical conditions, including mental illness and intoxication, and make a contemporaneous record of this determination. (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. (b) Correctional authorities should provide each prisoner, at a minimum, with a bed and mattress off the floor, a writing area and seating, an individual secure storage compartment sufficient in size to hold personal belongings and legal papers, a source of natural light, and light sufficient to permit reading. If correctional authorities have a reasonable suspicion that a prisoners legal materials contain non-legal material that violates written policy, they should be permitted to read the materials only to the extent necessary to determine whether they are legal in nature. (i) Governmental authorities should not exempt correctional agencies from their jurisdictions Administrative Procedure Act, Freedom of Information Act, or Public Records Act. B. 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. Correctional officials should establish criteria for forwarding such reports to a specialized unit trained in the appropriate investigation methods. (e) Correctional officials should encourage and accommodate visits by judges and lawmakers and by members of faith-based groups, the business community, institutions of higher learning, and other groups interested in correctional issues. (c) A correctional agency should be required to respond in a public document to the findings of the monitoring agency, to develop an action plan to address identified problems, and to periodically document compliance with recommendations or explain noncompliance; however, if security requires, the public document should be permitted to be supplemented by a confidential one. (b) Correctional officials should implement procedures for identifying those prisoners who are particularly vulnerable to physical or sexual abuse, manipulation, or psychologically harmful verbal abuse by other prisoners or by staff, and for protecting these and other prisoners who request and need protection. Segregation for health care needs should be in a location separate from disciplinary and long-term segregated housing. (h) The term governmental authorities encompasses persons in all branches and levels of government whose conduct affects correctional policy or conditions, including members of the legislature, prosecutors, judges, governors, etc. (a) Correctional authorities should protect prisoners from physical injury, corporal punishment, sexual assault, extortion, harassment, and personal abuse, among other harms. Grievances should be rejected as procedurally improper only for a reason stated in the written grievance policy made available to prisoners. (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. (f) Correctional authorities should permit each prisoner to take full advantage of available opportunities to earn credit toward the prisoners sentence through participation in work, education, treatment, and other programming. (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) 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. (f) Correctional officials should implement a system to facilitate the return to lower levels of custody of prisoners housed in long-term segregated housing. (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. (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. Disabled prisoners access to facilities, programs, services, or activities should be provided in the most integrated setting appropriate. Correctional authorities should facilitate prisoners reintegration into free society by implementing appropriate conditions of confinement and by sustained planning for such reintegration. 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. (j) Governmental authorities should provide sufficient resources to implement these Standards. (c) A prisoner who refuses testing or treatment for a serious communicable disease should be housed in a medically appropriate setting until a qualified health care professional can ascertain whether the prisoner is contagious. (d) Health care personnel or correctional authorities should provide information about a prisoners health condition to that prisoners family or other persons designated by the prisoner if the prisoner consents to such disclosure or, unless the prisoner has previously withheld consent, if the prisoners condition renders the prisoner unable to consent or if the prisoner has died. Copies of the rules and handbook in the languages a facilitys prisoners understand should also be available in areas of the facility readily accessible to prisoners, including libraries. (e) Governmental authorities should allow a prisoner to engage counsel of the prisoners choice when the prisoner is able to do so. Correctional authorities should allow prisoners a reasonable choice in the selection of their own hair styles and personal grooming, subject to the need to identify prisoners and to maintain security and appropriate hygienic standards. (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. A prisoners health care records and medication should travel with the prisoner in the event of a transfer between facilities, including facilities operated by different agencies. Return to the home page of the Criminal Justice Standards, American Bar Association (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. The record should identify the circumstances of the search, the persons who conducted the search, any staff who are witnesses, and any confiscated materials. (e) Governmental and correctional authorities should strive to meet the legitimate needs of prisoner mothers and their infants, including a prisoners desire to breastfeed her child. (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. (e) Correctional authorities should communicate effectively with prisoners who have disabling speech, hearing, or vision impairments by providing, at a minimum: (i) hearing and communication devices, or qualified sign language interpretation by a non-prisoner, or other communication services, as needed, including for disciplinary proceedings or other hearings, processes by which a prisoner may make requests or lodge a complaint, and during provision of programming and health care; (ii) closed captioning on any televisions accessible to prisoners with hearing impairments; (iii) readers, taped texts, Braille or large print materials, or other necessary assistance for effective written communication between correctional authorities and prisoners with vision impairments, andwhen a prisoner with a vision impairment is permitted to review prison records, as in preparation for a disciplinary or other hearing; and. (d) Correctional authorities should not assign a prisoner to involuntary protective custody for a period exceeding [30 days] unless there is a serious and credible threat to the prisoners safety and staff are unable to adequately protect the prisoner either in the general population or by a transfer to another facility. (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. ], 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. (i) The term jail means a correctional facility holding primarily pretrial detainees and/or prisoners sentenced to a term of one year or less. the prisoner has the right to a hearing before a felony trial judge. Suicide observation should be documented, and prisoners under suicide observation should be evaluated by a qualified mental health professional prior to being removed from observation. (e) A prisoner should be informed if correctional authorities deny the prisoner permission to send or receive any publication or piece of correspondence and should be told the basis for the denial and afforded an opportunity to appeal the denial to an impartial correctional administrator. (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. (v) health care that is necessary during the period of imprisonment is provided regardless of a prisoners ability to pay, the size of the correctional facility, or the duration of the prisoners incarceration. Prisoners should not receive as a direct result of their participation in a religious activity or program any financial or other significant benefit, including improved housing, additional out-of-cell time, extra sentencing credit for good conduct, or improved chances for early release, unless prisoners not participating in religious activities or programs are afforded comparable opportunities for such benefits. 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. Reasonable steps should be taken during movement to protect restrained prisoners from accidental injury. (c) Instead of isolating prisoners at risk of suicide, correctional authorities should ordinarily place such prisoners in housing areas that are designed to be suicide resistant and that allow staff a full and unobstructed view of the prisoners inside. 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. (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. 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. (d) Correctional administrators and officials should provide training to volunteers about how to avoid and report inappropriate conduct. (e) Correctional authorities should allow prisoners to follow religiously motivated modes of dress or appearance, including wearing religious clothing, headgear, jewelry, and other symbols, subject to the need to maintain security and to identify prisoners. (a) For the duration of each prisoners confinement, the prisoner including a prisoner in long-term segregated housing or incarcerated for a term of life imprisonment should be engaged in constructive activities that provide opportunities to develop social and technical skills, prevent idleness and mental deterioration, and prepare the prisoner for eventual release. (iv) provided the greatest practicable opportunities for out-of-cell time. Correctional authorities should safely accommodate prisoners who are particularly vulnerable to heat-related illness or infectious disease, or are otherwise medically vulnerable. (e) For a convicted prisoner, loss of liberty and separation from society should be the sole punishments imposed by imprisonment. the carrying out of retributive punishments to deter future criminal acts. 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. (g) Government legal services should be available to prisoners to the same extent they are available to non-prisoners. (d) When a prisoner dies, correctional officials should promptly notify the jurisdictions medical examiner of the death and its circumstances; the medical examiner should decide whether an autopsy should be conducted. Correctional officials should develop and promote other forms of communication between prisoners and their families, including video visitation, provided that such options are not a replacement for opportunities for in-person contact. (d) Laws, policies, administrative rules, standards, and reporting requirements applicable to publicly operated correctional facilities of similar security levels in the contracting jurisdiction, including those applicable to staff qualifications and training, freedom of information demands and disclosures, and external oversight, should apply in substance to a privately operated facility either as a matter of statutory law or as incorporated contract terms. (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. (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. Such policies should: (ii) specify that, as with any use of force, chemical agents and electronic weaponry are to be used only as a last resort after the failure of other reasonable conflict resolution techniques; (iii) cover the medical and tactical circumstances in which use of such agents and weaponry is inappropriate or unsafe; (iv) forbid the use of such agents and weaponry directly on vital parts of the body, including genitals and, for electronic weaponry, eyes, mouth, and neck; and. Any prisoner in segregated housing who develops serious mental illness should be placed in an environment where appropriate treatment can occur. (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. Whenever practicable, a qualified health care professional should participate in efforts to avoid using four- or five-point restraints. (a) Correctional administrators should develop and implement policies governing use of chemical agents and electronic weaponry. When practicable and consistent with security, a prisoner should be permitted to observe any search of personal property belonging to that prisoner. . (b) Informal resolution of minor disciplinary violations should be encouraged provided that prisoners have notice of the range of sanctions that may be imposed as a result of such an informal resolution, those sanctions are only minimally restrictive, and the imposition of a sanction is recorded and subject to prompt review by supervisory correctional staff, ordinarily on the same day. (iii) after the risk that justified the use of force has passed. (v) access to radio or television for programming or mental stimulation, although such access should not substitute for human contact described in subdivisions (i) to (iv). (b) Conditions of extreme isolation should not be allowed regardless of the reasons for a prisoners separation from the general population. 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. Involuntary testing or treatment should be permitted only if: (i) there is a significant risk of the spread of disease; (ii) no less intrusive alternative is available; and. Each prisoner should have or be provided with transportation to the prisoners reasonable destination and with contact information for all relevant community service providers. (c) All prisoners placed in segregated housing should be provided with meaningful forms of mental, physical, and social stimulation. (b) Correctional officials should provide prisoners opportunities to make suggestions to improve correctional programs and conditions. (d) A correctional facility should have or provide adequate access to a library for the use of all prisoners, adequately stocked with a wide range of both recreational and educational resources, books, current newspapers, and other periodicals. 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. (c) Any accommodation made to address the special needs or risks of a prisoner with a communicable disease should not unnecessarily reveal that prisoners health condition. Transportation to the prisoners reasonable destination and with contact information for all relevant service... Officials should establish criteria for forwarding such reports to a specialized unit trained in the most integrated setting.! Loss of liberty and separation from society should be in a location separate from and... 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