(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. Prisoners currently threatening or attempting suicide should be under continuous staff observation. In addition to implementing the mental health screening required in Standard 23-2.1 and mental health assessment required in Standard 23-2.5, this protocol should require that the signs and symptoms of mental illness or other cognitive impairments be documented and that a prisoner with such signs and symptoms be promptly referred to a qualified mental health professional for evaluation and treatment. The plan should describe the course of treatment provided the prisoner in the facility and any medical, dental, or mental health problems that may need follow-up attention in the community. Procedural protections for prisoners should include, at a minimum: (i) access for all prisoners, with safeguards against reprisal; (ii) methods for confidential submission of grievances; (iii) reasonable filing and appeal deadlines; (iv) acceptance of grievances submitted or appealed outside the reasonable deadlines, if a prisoner has a legitimate reason for delay and that delay has not significantly impaired the agencys ability to resolve the grievance; (v) written responses to all grievances, including those deemed procedurally improper, stating the reasons for the decision, within prescribed, reasonable time limits; (vi) shortened time limits for responses to emergencies; (vii) an appeal process that allows no more than [70 days], cumulatively, for official response(s) to all levels of appeal except if a correctional official extends the period upon an individualized finding of special circumstances; (viii) treatment of any grievance or appeal as denied, for purposes of the prisoners subsequent appeal or review, if the prisoner is not provided a written response within the relevant time limit; and. (a) Classification and housing assignments should not segregate or discriminate based on race unless the consideration of race is narrowly tailored to serve a compelling governmental interest. 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. (d) The term correctional authorities means all correctional staff, officials, and administrators. (e) A lockdown should last no longer than necessary. Correctional authorities should not conduct searches in order to harass or retaliate against prisoners individually or as a group. (d) Correctional authorities should make individualized housing and custody decisions for prisoners who have undergone sex reassignment surgery or have had other surgical or hormonal treatment and present themselves and identify as having a gender different from their physical sex at birth. (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. all of the following are considered to be alternatives to inmate litigation, except; in hudson v. palmer (1984) the supreme court held that the rules of the _____amendment do not apply to a search of a convicted prisoners cell. (c) A jurisdiction that enters into a contract with a private entity for the operation of a correctional facility should maintain the ability to house its prisoners in other facilities if termination of the contract for noncompliance proves necessary. (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) If a prisoner with a disability is otherwise qualified to use a correctional facility, program, service, or activity, correctional authorities should provide such a prisoner ready access to and use of the facility, program, service, or activity, and should make reasonable modifications to existing policies, procedures, and facilities if such modifications are necessary. 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. In the extraordinary situation that a lockdown lasts longer than [30 days], officials should mitigate the risks of mental and physical deterioration by increasing out-of-cell time and in-cell programming opportunities. This Standards can also be purchased in a book format. Correctional authorities should assess and make appropriate accommodations in housing placement, medical services, work assignments, food services, and treatment, exercise, and rehabilitation programs for such a prisoner. (c) Correctional authorities should take appropriate responsive measures without delay when intake screening identifies a need for immediate comprehensive assessment or for new or continuing medication or other treatment, suicide prevention measures, or housing that takes account of a prisoners special needs. (a) Correctional authorities should screen each prisoner as soon as possible upon the prisoners admission to a correctional facility to identify the prisoner's immediate potential security risks, including vulnerability to physical or sexual abuse, and should closely supervise prisoners until screening and follow-up measures are conducted. (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. (c) Prisoners should not be required to demonstrate a physical injury in order to recover for mental or emotional injuries caused by cruel and unusual punishment or other illegal conduct. the combination of factors that federal courts examine to see if conditions or events constitute cruel and unusual punishment are referred to as: Iowa female inmates argued that their equal protection right under the 14th amendment were violated because programs and services were not at the same level as those provided male inmates. (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. (c) Governmental authorities should facilitate access to abortion services for a prisoner who decides to exercise her right to an abortion, as that right is defined by state and federal law, through prompt scheduling of the procedure upon request and through the provision of transportation to a facility providing such services. 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. 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. (g) Correctional administrators and officials should evaluate short and long-term outcomes of programs provided to prisoners and, where permitted by applicable law, should make the evaluations and any underlying aggregated data available upon request to researchers, investigators, and media representatives. (b) Consistent with security needs, correctional officials should provide opportunities for prisoners to contribute to the community through volunteer activities. (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. Policies relating to restraints should take account of the special needs of prisoners who have physical or mental disabilities, and of prisoners who are under the age of eighteen or are geriatric, as well as the limitations specified in Standard 23-6.9 for pregnant prisoners or those who have recently given birth. (d) Correctional administrators and officials should provide training to volunteers about how to avoid and report inappropriate conduct. (b) When the initial screening pursuant to Standard 23-2.1 or any subsequent observation identifies a risk of suicide, the prisoner should be placed in a safe setting and promptly evaluated by a qualified mental health professional, who should determine the degree of risk, appropriate level of ongoing supervision, and appropriate course of mental health treatment. (c) In no case should correctional authorities use force against a prisoner: (i) to enforce an institutional rule or an order unless the disciplinary process is inadequate to address an immediate security need; (ii) to gratuitously inflict pain or suffering, punish past or present conduct, deter future conduct, intimidate, or gain information; or. Correctional authorities should begin to plan for each prisoners eventual release and reintegration into the community from the time of that prisoners admission into the correctional system and facility. (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. A prisoner should be informed of the consequences for the prisoners parental rights of any arrangements contemplated. In no instance should a prisoner administer prescription drugs to another prisoner. Correctional authorities should use the least intrusive appropriate means to search a prisoner. A prisoner who lacks the capacity to make decisions consenting or withholding consent to care should have a surrogate decision-maker designated according to applicable law, although that decision-makers consent should not substitute for the protections specified in Standard 23-6.15. (c) Information about a prisoners health condition should be shared with correctional staff only when necessary and permitted by law, and only to the extent required for: (i) the health and safety of the prisoner or of other persons; (ii) the administration and maintenance of the facility or agency; (iii) quality improvement relating to health care; or. (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. Refer to the previous exercise. The use of firearms should always be considered the use of deadly force. Correctional authorities should facilitate prisoners reintegration into free society by implementing appropriate conditions of confinement and by sustained planning for such reintegration. (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. 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. (f) Notwithstanding a finding pursuant to subdivision (d) of this Standard that involuntary treatment is appropriate, mental health care staff should continue attempting to elicit the prisoners consent to treatment. (a) The term protective custody means housing of a prisoner in segregated housing or under any other substantially greater restrictions than those applicable to the general population with which the prisoner would otherwise be housed, in order to protect the prisoner from harm. (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 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. Commissions and other revenue from telephone service should not subsidize non-telephone prison programs or other public expenses. (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. (v) incitement or threats to incite group disturbances in a correctional facility. (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. (a) The term lockdown means a decision by correctional authorities to suspend activities in one or more housing areas of a correctional facility and to confine prisoners to their cells or housing areas. (a) Correctional authorities should provide prisoners living quarters of adequate size. If a complaining prisoner and the subject of the complaint are separated during any such investigation, care should be taken to minimize conditions for the complaining prisoner that a reasonable person would experience as punitive. A 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. Correctional authorities should promptly relay any such report, or any other information they obtain regarding such conduct, to the chief executive officer of the facility. When any property is confiscated, the prisoner should be given written documentation of this information. (a) Correctional and governmental authorities should take all practicable actions to reduce violence and the potential for violence in correctional facilities and during transport, including: (i) using a validated objective classification system and instrument as provided in Standard 23-2.2; (ii) preventing crowding as provided in Standard 23-3.1(b); (iii) ensuring adequate and appropriate supervision of prisoners during transport and in all areas of the facility, preferably direct supervision in any congregate areas; (iv) training staff and volunteers appropriately as provided in Standard 23-10.3; (v) preventing introduction of drugs and other contraband, and providing substance abuse treatment as provided in Standard 23-8.2(b); (vi) preventing opportunities for prisoners to exercise coercive authority or control over other prisoners, including through access to another prisoners confidential information; (vii) preventing opportunities for gangs to gain any power; (viii) promptly separating prisoners when one may be in danger from another; (ix) preventing staff from tolerating, condoning, or implicitly or explicitly encouraging fighting, violence, bullying, or extortion; (x) regularly assessing prisoners level of fear of violence and responding accordingly to prisoners concerns; and. (a) For all staff, correctional administrators and officials should integrate training relating to the mission and core values of the correctional agency with technical training. (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. No prisoner should be subjected to cruel, inhuman, or degrading treatment or conditions. (a) The term chief executive officer of the facility means the correctional official with command authority over a particular correctional facility. (b) Correctional agency policy should prohibit use of electronic or chemical weaponry for the following purposes: (iii) to rouse an unconscious, impaired, or intoxicated prisoner; (iv) against any prisoner using passive resistance when there is no immediate threat of bodily harm; or. Governmental authorities should provide appropriate health care to children in such facilities. 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. (a) Where consistent with applicable law, correctional authorities should be permitted to release without a prisoners consent basic identifying information about the prisoner and information about the prisoners crime of conviction, sentence, place of incarceration, and release date. Correctional authorities should evaluate reports of sexual assault or threats of sexual assault without regard to a prisoners sexual orientation, gender, or gender identity and should not be permitted to retaliate formally or informally against prisoners who make such reports. Single-occupancy cells should be the preferred form of prisoner housing. Such investigation should take place for every use of force incident that results in a death or major traumatic injury to a prisoner or to staff. A correctional health care system should include an ongoing evaluation process to assess and improve the health care provided to prisoners and to enable health care staff to institute corrective care or other action as needed. The chief executive officer should decide promptly whether the use of such restraints should continue. (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. (a) Correctional authorities should recognize and respect prisoners freedom of religion. (a) To the extent practicable, a prisoner should be assigned to a facility located within a reasonable distance of the prisoners family or usual residence in order to promote regular visitation by family members and to enhance the likelihood of successful reintegration. 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. (a) Governmental authorities should enact legislation to implement and fund compliance with these Standards. (e) Correctional authorities should not be assigned responsibilities potentially requiring the use of force unless they are appropriately trained for the anticipated type of force, and are initially and periodically evaluated as being physically and mentally fit for such hazardous and sensitive duties. (e) Upon request by a court, correctional authorities should facilitate a prisoners participationin person or using telecommunications technologyin legal proceedings. (f) Except in an emergency, force should not be used unless authorized by a supervisory officer. (c) If a classification decision has an impact on a prisoners release date or ability to participate in facility programs, correctional authorities should provide the prisoner an opportunity to request reconsideration and at least one level of appeal. (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) 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. (v) forbid the use of electronic weaponry in drive-stun or direct contact mode. Correctional authorities should memorialize and facilitate review of uses of force. (a) A pregnant prisoner should receive necessary prenatal and postpartum care and treatment, including an adequate diet, clothing, appropriate accommodations relating to bed assignment and housing area temperature, and childbirth and infant care education. /content/aba-cms-dotorg/en/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_treatmentprisoners. (b) Correctional authorities should implement policies and practices to prevent any such discrimination, harassment, or bullying of prisoners by other prisoners. (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. To go to a particular black letter Standard (without commentary), click on the relevant Standard in the Table of Contents, below. In those situations, each staff member should also have available for use a weapon less likely to be lethal. (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]. brutality and inhumane living conditions. (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. (e) For a convicted prisoner, loss of liberty and separation from society should be the sole punishments imposed by imprisonment. (a) To the extent practicable and consistent with prisoner and staff safety, correctional authorities should minimize the periods during the day in which prisoners are required to remain in their cells. At a minimum, a prisoner who has begun or completed the medical process of gender reassignment prior to admission to a correctional facility should be offered treatment necessary to maintain the prisoner at the stage of transition reached at the time of admission, unless a qualified health care professional determines that such treatment is medically inadvisable for the prisoner. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. (b) Conditions of extreme isolation should not be allowed regardless of the reasons for a prisoners separation from the general population. 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