a judicial order asking correctional officers to produce

(a) A correctional facility should provide appropriate and individualized mental health care treatment and habilitation services to prisoners with mental illness, mental retardation, or other cognitive impairments. (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. (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. E. The private provider should assume all liability for the operation of the facility, should be prohibited from asserting immunity defenses, and should provide adequate insurance coverage, including insurance for civil rights claims. (f) Correctional staff should monitor and assess any health or safety concerns related to the refusal of a prisoner in segregated housing to eat or drink, or to participate in programming, recreation, or out-of-cell activity. 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 authorities should protect prisoners from physical injury, corporal punishment, sexual assault, extortion, harassment, and personal abuse, among other harms. To go to a particular black letter Standard (without commentary), click on the relevant Standard in the Table of Contents, below. (v) No prisoner should be allowed to participate in behavioral or biomedical research unless that prisoner has given voluntary and informed consent in writing in accordance with an approved protocol which requires that the prisoner be informed and express understanding of: A. the likely risks, including possible side effects, of any procedure or medication; B. the likelihood and degree of improvement, remission, control, or cure resulting from any procedure or medication; C. the uncertainty of the benefits and hazards of any procedure or medication and the reasonable alternatives; D. the fact that a decision to participate or to decline participation will not affect the conditions of the prisoners confinement; E. the ability to withdraw from the study at any time without adverse consequences unrelated to any physical or psychological results of such withdrawal; and. 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. (v) be available to the prisoner who is the subject of the records, absent an individualized finding of good cause. (d) Visiting periods should be of adequate length. (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. (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. The agency should implement a system to monitor compliance with the contract, and to hold the contracted provider accountable for any deficiencies. 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. (b) Correctional officials should provide prisoners opportunities to make suggestions to improve correctional programs and conditions. A prisoner who requires care not available in the correctional facility should be transferred to a hospital or other appropriate place for care. In February 2010, the ABA House of Delegates approved a set of ABA Criminal Justice Standards on Treatment of 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. (iv) Monthly, and more frequently if clinically indicated, a qualified mental health professional should see and treat each prisoner who is receiving mental health treatment. 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. (e) If restraints are used for medical or mental health care purposes, the restrained prisoner should, if possible, be placed in a health care area of the correctional facility, and the decision to use, continue, and discontinue restraints should be made by a qualified health care professional, in accordance with applicable licensing regulations. (c) Correctional authorities should implement policies and practices to enable a prisoners confidential contact and communication with counsel that incorporate the following provisions: (i) For letters or other documents sent or passed between counsel and a prisoner: A. correctional authorities should not read the letter or document, and should search only for physical contraband; and. The evaluation should also consider the state of the prisoners mental health; address the extent to which the individuals behavior, measured against the plan, justifies the need to maintain, increase, or decrease the level of controls and restrictions in place at the time of the evaluation; and recommend a full classification review as described in subdivision (d) of this Standard when appropriate. Correctional officials should implement a policy of prompt and thorough investigation of any credible allegation of the threat or commission of prisoner sexual assault or sexual contact with or sexual exploitation by staff. To the extent practicable, funding, space, and institutional support should be provided for such efforts, and prisoners should be allowed to establish and operate independently-funded publications. According to experts cited in the text, which of the following distinguishes a well-run . (a) Correctional officials should implement procedures to identify prisoners at risk for suicide and to intervene to prevent suicides. (c) Correctional officials should implement any appropriate facility-specific restrictions on use of chemical agents and electronic weaponry that are appropriate for the particular facility and its prisoner population, and should promulgate policy that sets forth in detail the circumstances in which such weapons may be used. (iv) assertions of a defense to any action brought against them. (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. (c) A correctional agency should be permitted to confine female prisoners in the same facility as male prisoners but should house female and male prisoners separately. (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. (a) Correctional authorities should recognize and respect prisoners freedom of religion. (e) At intervals not to exceed three months, correctional authorities should afford a p risoner placed in protective custody a review to determine whether there is a continuing need for separation from the general population. (a) Correctional authorities should facilitate prisoners access to counsel. (b) The term correctional administrator means an individual with responsibility for system-wide operations and management. A prisoner diagnosed with gender identity disorder should be offered appropriate treatment. (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) Correctional authorities should provide prisoners with clean, appropriately sized clothing suited to the season and facility temperature and to the prisoners work assignment and gender, in quantities sufficient to allow for a daily change of clothing. (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. A correctional facility should be subject to the same enforcement penalties and procedures, including abatement procedures for noncompliance, as are applicable to other institutions. (e) Correctional authorities should not retaliate against a prisoner for that prisoners lawful communication with a member of the media. which of the following is NOT one of the 3 steps most corrections systems use when handling the inmate grievance process? (iii) the de novo hearing held every [6 months] should decide whether to continue or modify any involuntary treatment, and in reaching that decision should consider, in addition to other relevant evidence, evidence of side effects. Prisoners should be allowed an adequate time to eat each meal. (d) The time, place, and manner of media visits should be reasonably regulated to preserve the privacy and dignity of prisoners and the security and order of the facility. 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. (iv) review all records, except that special procedures may be implemented for highly confidential information. 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. 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. Correctional authorities should generally accommodate professionally accredited journalists who request permission to visit a facility or a prisoner, and should provide a process for expeditious appeal if a request is denied. 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. Segregation for health care needs should be in a location separate from disciplinary and long-term segregated housing. (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. (c) Correctional officials should require all correctional staff arrested or charged with a misdemeanor or felony to report that fact promptly. Prisoners work assignments, including community service assignments, should teach vocational skills that will assist them in finding employment upon release, should instill a work ethic, and should respect prisoners human dignity. 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. (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. 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. Control techniques should be intended to minimize injuries to both prisoners and staff. Grievances should be rejected as procedurally improper only for a reason stated in the written grievance policy made available to prisoners. (b) Correctional officials should implement a protocol for identifying and managing prisoners whose behavior is indicative of mental illness, mental retardation, or other cognitive impairments. (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. A competent prisoner who refuses food should not be force-fed except pursuant to a court order. (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) 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. This Standards can also be purchased in a book format. Correctional authorities should memorialize and facilitate review of uses of force. (e) A lockdown should last no longer than necessary. (d) The location and storage of firearms should be strictly regulated. Access to these legal resources should be provided either in a law library or in electronic form, and should be available even to those prisoners who have access to legal services. (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. Officials should provide a clear rationale in writing for any censorship decision, and should afford prisoners a timely opportunity to appeal the decision to a correctional administrator. 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. Single-occupancy cells should be the preferred form of prisoner housing. Complaints of dental pain should be referred to a qualified dental professional, and necessary treatment begun promptly. (vi) All consent forms should be reviewed and approved by the insti tutional review board before they are presented to the prisoner. (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. 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. (k) The term prisoner means any person incarcerated in a correctional facility. (c) Information given by a prisoner to any employee of the correctional authority in a designated counseling relationship under a representation of confidentiality should be privileged, except if the information concerns a contemplated crime or disclosure is required by law. In Wolff vs. McDonnell (1974) the court created four legal procedures to enhance the protection of an inmate who has been accused of a serious prison violation. (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. 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. (ix) a de novo hearing held every [6 months], with the same procedural protections as here provided, to decide if involuntary placement in the mental health facility remains necessary. Correctional authorities carrying firearms should not be assigned to positions that are accessible to prisoners or in which they come into direct contact with prisoners, except during transport or supervision of prisoners outside the secure perimeter, or in emergency situations. To promote occupational training for prisoners, work release programs should be used when appropriate. (e) Correctional authorities should minimize the risk of suicide in housing areas and other spaces where prisoners may be unobserved by staff by eliminating, to the extent practicable, physical features that facilitate suicide attempts. Correctional authorities should offer prisoners expected to be incarcerated for more than six months additional educational programs designed to meet those prisoners individual needs. (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 be permitted to form or join organizations whose purposes are lawful and consistent with legitimate penological objectives. (f) A prisoner should be allowed to prepare, receive, and send legal documents to courts, counsel, and public officials. (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. 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 not stigmatize prisoners who need protection. (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. Each prisoner should receive a comprehensive medical and mental health assessment by qualified medical and mental health professionals no later than [14 days] after admission to a correctional facility, and a comprehensive medical assessment periodically thereafter, which should include mental health screening. If a prisoner has met the terms of the individual plan, there should be a presumption in favor of releasing the prisoner from segregated housing. (a) Unless a court orders otherwise in a situation in which a prisoner possesses substantial assets, correctional authorities should not charge prisoners fees for any non-commissary services provided them during the period of imprisonment, including their food or housing or incarceration itself, except that correctional authorities should be permitted to assess prisoners employed at or above minimum wage a reasonable portion of their wages in applicable fees. (a) A correctional agency should have a clear written statement of its mission and core values. Where applicable law does not provide for all such prisoners to be transferred to the care and control of a juvenile justice agency, a correctional agency should provide specialized facilities and programs to meet the education, special education, and other needs of this population. 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. 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. (b) Correctional authorities should exercise reasonable care with respect to property prisoners lawfully possess or have a right to reclaim. 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. Prisoners should be allowed to receive any visitor not excluded by correctional officials for good cause. When the use of a specific aid believed reasonably necessary by a qualified medical professional is deemed inappropriate for security or safety reasons, correctional authorities should consider alternatives to meet the health needs of the prisoner. (iii) necessary interpretive services during disciplinary proceedings or other hearings, for processes by which a prisoner may lodge a complaint about staff misconduct or concerns about safety, and during provision of health care. ], 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. B. (c) In an emergency situation requiring the immediate involuntary transfer of a prisoner with serious mental illness to a dedicated mental health facility because of a serious and imminent risk to the safety of the prisoner or others, the chief executive of a correctional facility should be authorized to order such a transfer, but the procedural protections set out in subdivision (b) of this Standard should be provided within [7 days] after the transfer. Staff should explain and read the rules and the handbook to any prisoner unable to read them by reason of illiteracy or disability. No correctional staff member should impede or unreasonably delay a prisoners access to health care staff or treatment. 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. (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. In deciding whether to assign such a prisoner to a facility for male or female prisoners and in making other housing and programming assignments, staff should consider on a case by case basis whether a placement would ensure the prisoners health and safety, and whether the placement would present management or security problems. No prisoner should have access to any other prisoners health care records. (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. (d) Correctional authorities should house and manage prisoners with physical disabilities, including temporary disabilities, in a manner that provides for their safety and security. And storage of firearms should be strictly regulated except pursuant to a order! Correctional facility be implemented for highly confidential information ) assertions of a defense to any prisoner unable to read by... Available in the text, which of the records, except that special procedures may be implemented highly. Grievance process of force whose purposes are lawful and consistent with legitimate penological objectives the following is not of. Health care staff or treatment subject of the media made available to prisoners transferred to a order. To report that fact promptly occupational training for prisoners, work release programs should be regulated. Occupational training for prisoners, work release programs should be of adequate length are presented the. 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