The plan should include an assessment of the prisoners needs, a strategy for correctional authorities to assist the prisoner in meeting those needs, and a statement of the expectations for the prisoner to progress toward fewer restrictions and lower levels of custody based on the prisoners behavior. (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. Correctional officials should be permitted to impose reasonable page limits and limitations on receipt of bound materials from sources other than their publisher, but should not require that items be mailed using particular rates or particular means of payment. (a) Correctional administrators and officials should authorize and encourage resolution of prisoners complaints and requests on an informal basis whenever possible. (o) The term long-term segregated housing means segregated housing that is expected to extend or does extend for a period of time exceeding 30 days. (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. 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. (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. (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. Governmental authorities should strive to locate correctional facilities near the population centers from which the bulk of their prisoners are drawn, and in communities where there are resources to supplement treatment programs for prisoners and to provide staff for security, programming, and treatment. Segregation for health care needs should be in a location separate from disciplinary and long-term segregated housing. (c) Regardless of any training a prisoner may have had, no prisoner should be allowed to provide health care evaluation or treatment to any other prisoner. (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. (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. (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. (c) Correctional authorities should whenever practicable allow each prisoner not in segregated housing to eat in a congregate setting, whether that is a specialized room or a housing area dayroom, absent an individualized decision that a congregate setting is inappropriate for a particular prisoner. Correctional facility policies should not significantly burden a prisoners ability to engage in a practice motivated by a sincerely held religious belief, even by imposition of a facially neutral rule or policy, absent a compelling institutional interest and a determination that there are no less restrictive means of furthering that interest. When practicable and consistent with security, a prisoner should be permitted to observe any search of personal property belonging to that prisoner. (c) A correctional facility should maintain order and should protect prisoners from harm from other prisoners and staff. Single-occupancy cells should be the preferred form of prisoner housing. (b) implement effective policies and procedures for: (i) investigation and resolution of complaints and problems; (ii) fair and rational decision-making; and. (d) Correctional officials should minimize technical requirements for grievances and should allow prisoners to initiate the grievance process by describing briefly the nature of the complaint and the remedy sought. (b) Correctional administrators and officials should foster an institutional culture that helps maintain a safe and secure facility, is conducive to humane and respectful treatment of prisoners, supports adherence to professional standards, and encourages ethical conduct. Prisoners should not be required to work more than 40 hours each week, and should be afforded at least one rest day each week and sufficient time apart from work for education and other activities. (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. (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. Control techniques should be intended to minimize injuries to both prisoners and staff. (b) Correctional authorities should make appropriate accommodations for prisoners with special dietary needs for reasons of health or age. (b) Correctional officials should implement visitation policies that assist prisoners in maintaining and developing healthy family relationships by: (i) providing sufficient and appropriate space and facilities for visiting; (ii) establishing reasonable visiting hours that are convenient and suitable for visitors, including time on weekends, evenings, and holidays; and. If such enterprises are for-profit firms, prisoners should be paid at least minimum wage for their work. (c) Correctional authorities should prevent co-mingling of restrained and unrestrained prisoners either in a correctional facility or during transport. 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. Prisoners whose health or institutional adjustment would otherwise be adversely affected should be provided with medical prosthetic devices or other impairment-related aids, such as eyeglasses, hearing aids, or wheelchairs, except when there has been an individualized finding that such an aid would be inconsistent with security or safety. (b) Prisoners job assignments should not discriminate on the basis of race, national origin, ethnicity, religion, or disability. (f) Consistent with such confidentiality as is required to prevent a significant risk of harm to other persons, a prisoner being evaluated for involuntary placement in protective custody 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. (d) If a correctional staff member discovers a breach of security; a threat to prisoner, staff, or public safety; or some other actual or threatened harm to a prisoner, staff, or the public, the correctional staff member should report that discovery promptly to a supervisor. (b) A correctional facility should have equipment necessary for routine health care and emergencies, and an adequately supplied pharmacy. (g) Government legal services should be available to prisoners to the same extent they are available to non-prisoners. 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. (d) There should be no adverse consequences, such as loss of sentencing credit for good conduct, discipline, or denial of parole, for a prisoner who is unable to participate in employment, educational opportunities, or programming due to a disability or other special needs that cannot be accommodated. In addition, if long-term segregation is being considered either because the prisoner poses a credible continuing and serious threat to the security of others or to the prisoners own safety, the prisoner should be afforded, at a minimum, the following procedural protections: (i) timely, written, and effective notice that such a placement is being considered, the facts upon which consideration is based, and the prisoners rights under this Standard; (ii) decision-making by a specialized classification committee that includes a qualified mental health care professional; (iii) a hearing at which the prisoner may be heard in person and, absent an individualized determination of good cause, has a reasonable opportunity to present available witnesses and information; (iv) absent an individualized determination of good cause, opportunity for the prisoner to confront and cross-examine any witnesses or, if good cause to limit such confrontation is found, to propound questions to be relayed to the witnesses; (v) an interpreter, if necessary for the prisoner to understand or participate in the proceedings; (vi) if the classification committee determines that a prisoner is unable to prepare and present evidence and arguments effectively on his or her own behalf, counsel or some other appropriate advocate for the prisoner; (vii) an independent determination by the classification committee of the reliability and credibility of confidential informants if material allowing such determination is available to the correctional agency; (viii) a written statement setting forth the evidence relied on and the reasons for placement; and. (d) When a prisoner with ongoing medical or mental health care needs is released to the community, correctional authorities should make reasonable efforts to: (i) identify and arrange for community-based health care services, including substance abuse treatment; and. _______are laws that are created by local, state, and federal governments, the number of section 1983 lawsuits among both state and federal prisoners dropped dramatically following the passage of the _________________. If a contractor is delegated the authority to use force, the scope of such a delegation should be specified in detail, and should not exceed the authority granted by agency policy to correctional authorities in similar facilities with similar prisoner populations. 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. 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. A prisoner diagnosed with gender identity disorder should be offered appropriate treatment. (iii) For telephonic contact between counsel and their clients: A. correctional officials should implement procedures to enable confidential telephonic contact between counsel and a prisoner who is a client, prospective client, or witness, subject to reasonable regulations, and should not monitor or record properly placed telephone conversations between counsel and such a prisoner; and. (c) Correctional officials should establish and publicize the means by which prisoners and others may easily and confidentially report to any staff member or appropriate outside entity a sexual assault or pressure to engage in sexual acts, sexual contact or exploitation involving a prisoner and staff, or the fear of such conduct. (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. 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. Whenever practicable, pretrial detainees should also be offered opportunities to work. Correctional authorities should not stigmatize prisoners who need protection. (g) Governmental authorities should establish home furlough programs, giving due regard to institutional security and community safety, to enable prisoners to maintain and strengthen family and community ties. 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. (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. 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. (c) The handbook should contain specific criteria and procedures for discipline and classification decisions, including decisions involving security status and work and housing assignments. 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. 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. (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. (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. (f) Correctional officials should not use a lockdown to substitute for disciplinary sanctions or for reclassification of prisoners. (c) At intervals not to exceed [30 days], correctional authorities should conduct and document an evaluation of each prisoners progress under the individualized plan required by subdivision (b) of this Standard. Such prisoners should not be housed with prisoners who have been identified as potential aggressors. Staff should explain and read the rules and the handbook to any prisoner unable to read them by reason of illiteracy or disability. (iii) as a last alternative after other reasonable efforts to resolve the situation have failed. In addition to the limitations itemized in Standard 23-3.7, sanctions should never include: (ii) conditions of extreme isolation as described in Standard 23-3.8(b); (iii) use of restraints, such as handcuffs, chains, irons, strait-jackets, or restraint chairs; or. 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. (e) Core correctional functions of determining the length and location of a prisoners confinement, including decisions relating to prisoner discipline, transfer, length of imprisonment, and temporary or permanent release, should never be delegated to a private entity. As the situation improves, privileges and activities for the affected area should be progressively increased. (c) The mental health of prisoners in long-term segregated housing should be monitored as follows: (i) Daily, correctional staff should maintain a log documenting prisoners behavior. (d) Prior to involuntary mental health treatment of a prisoner with a serious mental illness, the prisoner should be afforded, at a minimum, the procedural protections specified in subdivision (b) of this Standard for involuntary mental health transfers, except that: (i) decision-making in the first instance and on appeal should be by a judicial or administrative hearing officer independent of the correctional agency, or by an neutral committee that includes at least one qualified mental health professional and that may include appropriate correctional agency staff, but does not include any health care professional responsible for treating or referring the prisoner for transfer; (ii) the notice should set forth the mental health staffs diagnosis and basis for the proposed treatment, a description of the proposed treatmentincluding, where relevant, the medication name and dosageand the less-intrusive alternatives considered and rejected; and. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints. Each prisoner, including those in segregated housing, should be offered the opportunity for at least one hour per day of exercise, in the open air if the weather permits. If correctional officials elect to require use of a particular grievance form, correctional authorities should make forms and writing implements readily available and should allow a grievant to proceed without using the designated form if it was not readily available to that prisoner. (e) Correctional authorities should be permitted to use canines inside the secure perimeter of a correctional facility only for searches and, except in emergencies, only if prisoners have been moved away from the area to be searched. (c) Correctional authorities should allow professionally accredited journalists reasonable use of notebooks, writing implements, video and still cameras, and audio recorders. (a) Governmental officials should ensure that each sentenced prisoner confined for more than [6 months] spends a reasonable part of the final portion of the term of imprisonment under conditions that afford the prisoner a reasonable opportunity to adjust to and prepare for re-entry into the community. (a) Governmental authorities should enact legislation to implement and fund compliance with these Standards. (d) Correctional authorities should house and manage prisoners with physical disabilities, including temporary disabilities, in a manner that provides for their safety and security. more than half of the inmates on death row are _____________, in ______ the supreme court ruled that offenders cannot be sentenced to death for a crime they committed before they reached the age of 18, an ________________is a public official with full authority to investigate citizens complaints against government officials, with respect to inmate grievances, it is believed that the most difficult type of situation to resolve is _______. (a) Correctional authorities should provide each prisoner an adequate amount of nutritious, healthful, and palatable food, including at least one hot meal daily. Prisoners should be permitted to form or join organizations whose purposes are lawful and consistent with legitimate penological objectives. A remedy should be reasonably available to prisoners if correctional authorities negligently or intentionally destroy or lose such property. (a) In conducting a search of a prisoners body, correctional authorities should strive to preserve the privacy and dignity of the prisoner. (d) Prisoners should be provided timely access to appropriately trained and licensed health care staff in a safe and sanitary setting designed and equipped for diagnosis or treatment. Correctional authorities should be permitted to assign prisoners to community service; to jobs in prison industry programs; or to jobs useful for the operation of the facility, including cleaning, food service, maintenance, and agricultural programs. (d) When appropriate for purposes of evaluation or treatment, correctional authorities should be permitted to separate from the general population prisoners diagnosed with mental illness, mental retardation, or other cognitive impairments who have difficulty conforming to the expectations of behavior for general population prisoners. Any prisoner in segregated housing who develops serious mental illness should be placed in an environment where appropriate treatment can occur. (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. (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. (c) Correctional authorities should treat all visitors respectfully and should accommodate their visits to the extent practicable, especially when they have traveled a significant distance. Correctional officials should establish criteria for forwarding such reports to a specialized unit trained in the appropriate investigation methods. Correctional officials should strive to create an institutional culture in which sexual assault or sexual pressure is not tolerated, expected, or made the subject of humor by staff or prisoners. (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. (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. Prisoners should receive opportunities to mend and machine launder their clothing if the facility does not provide these services. (iii) The institutional review board should ensure that mechanisms exist to closely monitor the progress of the study to detect and address adverse events or unanticipated problems. (c) Deadly force to prevent an escape should be permitted only when the prisoner is about to leave the secure perimeter of a correctional facility without authorization or, if the prisoner is permitted to be on the grounds outside the secure perimeter, the prisoner is about to leave the facility grounds without authorization. According to experts cited in the text, which of the following distinguishes a well-run . (b) The term correctional administrator means an individual with responsibility for system-wide operations and management. . G. the time a prisoner spends meeting with counsel should not count as personal visiting time. Prisoners should be allowed to receive any visitor not excluded by correctional officials for good cause. (v) be available to the prisoner who is the subject of the records, absent an individualized finding of good cause. Searches of prisoners bodies should follow a written protocol that implements this Standard. (d) Visual searches of a prisoners private bodily areas, whether or not inspection includes the prisoners body cavities, should: (i) be conducted only by trained personnel in a private place out of the sight of other prisoners and of staff not involved in the search, except that a prisoner should be permitted to request that more than one staff member be present; and. (j) A jurisdiction or correctional agency should establish criteria, based on the extent of prisoner injury and the type of force, for forwarding use of force reports to a person or office outside the relevant facilitys chain of command for a more in-depth investigation. (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. Canines should never be used for purposes of intimidation or control of a prisoner or prisoners. Correctional officials should not unreasonably delay the delivery of these legal documents. For biomedical research that poses more than a minimal risk to its participants, prisoner participation should be allowed only if the research offers potential benefits to its participants, and only if it has been determined to be safe for them. 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. 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. (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. 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. A prisoner who requires care not available in the correctional facility should be transferred to a hospital or other appropriate place for care. (e) In an emergency situation requiring the immediate involuntary medication of a prisoner with serious mental illness, an exception to the procedural requirements described in subdivision (d) of this Standard should be permitted, provided that the medication is administered by a qualified health care professional and that it is discontinued within 72 hours unless the requirements in subdivision (d) of this Standard are met. Form of prisoner housing the same extent they are available to the prisoner who requires not... 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