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. (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. (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. (f) Except in an emergency, force should not be used unless authorized by a supervisory officer. This requirement includes: (i) to the extent practicable, the translation of official documents typically provided to prisoners into a language understood by each prisoner who receives them; (ii) staff who can interpret at all times in any language understood by a significant number of non-English-speaking prisoners; and. Correctional authorities should provide access to copying services, for which a reasonable fee should be permitted, and should provide prisoners with access to typewriters or word processing equipment. 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. Such prehearing confinement should not exceed [3 days] unless necessitated by the prisoners request for a continuance or by other demonstrated good cause. (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. (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. (c) As required by subdivision (b) of this Standard, correctional authorities should provide prisoners with diets of nutritious food consistent with their sincerely held religious beliefs. (i) Governmental authorities should not exempt correctional agencies from their jurisdictions Administrative Procedure Act, Freedom of Information Act, or Public Records Act. Placement and programming assignments for such a prisoner should be reassessed at least twice each year to review any threats to safety experienced by the prisoner. (e) If correctional officials conduct a disciplinary proceeding during the pendency of a criminal investigation or prosecution, correctional authorities should advise the prisoner of the right to remain silent during the proceeding, and should not use that silence against the prisoner. a. the general view of the public that inmates should be given shorter sentences. Any such search should be conducted by a trained health care professional who does not have a provider-patient relationship with the prisoner, and should be conducted in a private area devoted to the provision of medical care and out of the sight of others, except that a prisoner should be permitted to request that more than one staff member be present. (f) Correctional officials should not use a lockdown to substitute for disciplinary sanctions or for reclassification of prisoners. 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. (c) Prisoners should work under health and safety conditions substantially the same as those that prevail in similar types of employment in the free community, except to the extent that security requires otherwise. (iv) any other information reasonably believed to jeopardize institutional security if disclosed. (d) A correctional agency should implement reasonable policies and procedures governing staff use of force against prisoners; these policies should establish a range of force options and explicitly prohibit the use of premature, unnecessary, or excessive force. (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. 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. (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. 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. (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. Smaller facilities should be permitted to provide for prisoners health care needs by transferring them to other facilities or health care providers, but should have equipment that is reasonably necessary in light of its preexisting transfer arrangements. No health care provider should be permitted to practice in a correctional facility beyond the scope permissible for that individual provider outside of a correctional facility, given the providers particular qualifications and licensing. (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. All prisoner living quarters and personal hygiene areas should be designed to facilitate adequate and appropriate supervision of prisoners and to allow prisoners privacy consistent with their security classification. 2022 American Bar Association, all rights reserved. (iii) as a last alternative after other reasonable efforts to resolve the situation have failed. 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. The provisions of this Standard applicable to counsel apply equally to consular officials for prisoners who are not United States citizens. 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. (b) Correctional authorities should screen each prisoner as soon as possible upon the prisoners admission to a correctional facility to identify issues requiring immediate assessment or attention, such as illness, communicable diseases, mental health problems, drug or alcohol intoxication or withdrawal, ongoing medical treatment, risk of suicide, or special education eligibility. Correctional authorities should employ strategies and devices to allow correctional staff of the opposite gender to a prisoner to supervise the prisoner without observing the prisoners private bodily areas. Correctional officials and administrators should review and retain the file for purposes of management, staff discipline, training, and the identification of trends. (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]. Correctional authorities should actively encourage prisoner participation in appropriate educational programs. Medical Terminology Quiz 9 (Chapter 14&16) Wo, Anderson's Business Law and the Legal Environment, Comprehensive Volume, David Twomey, Marianne Jennings, Stephanie Greene, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson, Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman, Arthur Getis, Daniel Montello, Mark Bjelland. If contact visits are precluded because of such an individualized determination, non-contact, in-person visiting opportunities should be allowed, absent an individualized determination that a non-contact visit between the prisoner and a particular visitor poses like dangers. (a) Correctional officials should provide for the voluntary medically appropriate testing of all prisoners for widespread chronic and serious communicable diseases and for appropriate treatment, without restricting the availability of treatment based on criteria not directly related to the prisoners health. The prisoner should be given written documentation of this information. (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. 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. (b) Correctional authorities should implement policies and practices to prevent any such discrimination, harassment, or bullying of prisoners by other prisoners. (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. 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. (v) incitement or threats to incite group disturbances in a correctional facility. 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. 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. 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. If the assessment indicates the presence of a serious mental illness, or a history of serious mental illness and decompensation in segregated settings, the prisoner should be placed in an environment where appropriate treatment can occur. (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. (e) For a convicted prisoner, loss of liberty and separation from society should be the sole punishments imposed by imprisonment. (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. the carrying out of retributive punishments to deter future criminal acts. (a) Subject to the provisions of this Standard, prisoners should not be prohibited from participating in therapeutic behavioral or biomedical research if the potential benefits to prisoners outweigh the risks involved. (c) When federal or state law authorizes a governmental or non-governmental agency or organization to conduct an investigation relating to a correctional facility, correctional officials should allow that agency or organization convenient and complete access to the facility and should cooperate fully in the investigation. (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. Disabled prisoners access to facilities, programs, services, or activities should be provided in the most integrated setting appropriate. (v) be available to the prisoner who is the subject of the records, absent an individualized finding of good cause. (h) A correctional facility should be monitored and regularly inspected by independent government entities. (a) Correctional authorities should be permitted to impose a range of disciplinary sanctions to maintain order and ensure the safe custody of prisoners. 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. (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) The right of access to counsel described in subdivisions (a) and (c) of this Standard should apply in connection with all legal matters, regardless of the type or subject matter of the representation or whether litigation is pending or the representation has commenced. (v) to enforce an order after a prisoner has been immobilized or a threat has been neutralized. In no instance should a prisoner administer prescription drugs to another prisoner. (g) Government legal services should be available to prisoners to the same extent they are available to non-prisoners. (v) At least every [90 days], a qualified mental health professional should perform a comprehensive mental health assessment of each prisoner in segregated housing unless a qualified mental health professional deems such assessment unnecessary in light of observations made pursuant to subdivisions (ii)-(iv). (f) Any contract by which a private entity operates a correctional facility should include terms that comport with the following restrictions: A. 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. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints. 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