(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. (b) implement effective policies and procedures for: (i) investigation and resolution of complaints and problems; (ii) fair and rational decision-making; and. /content/aba-cms-dotorg/en/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_treatmentprisoners. Prisoners should be allowed to receive any visitor not excluded by correctional officials for good cause. (d) When the possible sanction for a disciplinary offense includes the delay of a release date, loss of sentencing credit for good conduct or good conduct time earning capability, or placement in disciplinary segregation, a prisoner should be found to have committed that offense only after an individualized determination, by a preponderance of the evidence. A competent prisoner who refuses food should not be force-fed except pursuant to a court order. Consistent with Standard 23-2.5, routine preventive dental care and education about oral health care should be provided to those prisoners whose confinement may exceed one year. Correctional authorities should facilitate prisoners reintegration into free society by implementing appropriate conditions of confinement and by sustained planning for such reintegration. (a) Correctional authorities should conduct all searches of prisoner living quarters and belongings so as to minimize damage to or disorganization of prisoner property and unnecessary invasions of privacy. (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. (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. The ____________ is a prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management. (c) A prisoner who refuses testing or treatment for a serious communicable disease should be housed in a medically appropriate setting until a qualified health care professional can ascertain whether the prisoner is contagious. (viii) comply with health, safety, and building codes, subject to regular inspection. A prisoner who requires care not available in the correctional facility should be transferred to a hospital or other appropriate place for care. (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. (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. (h) A correctional facility should be monitored and regularly inspected by independent government entities. 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 _______. These materials should include paper, writing implements, envelopes, and stamps. (xi) preventing idleness by providing constructive activities for all prisoners as provided in Standards 23-8.2 and 23-8.4. 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. (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. the courts have recognized all of the following specific interests as justifying some restrictions on the constitutional rights of prisoners, except: in _______ the supreme court ruled juries, not judges, must make the crucial factual decisions on whether a convicted murderer should receive the death penalty. Correctional authorities should implement procedures to permit prisoners to wear street clothes when they appear in court before a jury. (d) Correctional authorities should respect the human rights and dignity of prisoners. (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. (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. Prisoners should be entitled to observe special religious practices, including fasting and special dining hours. When any property is confiscated, the prisoner should be given written documentation of this information. 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 contracting agency should make provision for on-site monitoring of each location to which prisoners are sent. Governmental authorities should ordinarily allow a prisoner who gives birth while in a correctional facility or who already has an infant at the time she is admitted to a correctional facility to keep the infant with her for a reasonable time, preferably on extended furlough or in an appropriate community facility or, if that is not practicable or reasonable, in a nursery at a correctional facility that is staffed by qualified persons. (f) A prisoner should be allowed to prepare, receive, and send legal documents to courts, counsel, and public officials. Correctional authorities should make reasonable accommodations for religion and disability with respect to job requirements and sites. (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. (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. Prisoners currently threatening or attempting suicide should be under continuous staff observation. The provisions of this Standard applicable to counsel apply equally to consular officials for prisoners who are not United States citizens. Such a prisoner should have the opportunity to earn an equal amount of good conduct time credit for participating in alternative activities. 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. No prisoner should have access to any other prisoners health care records. 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. (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) A correctional facility should maintain order and should protect prisoners from harm from other prisoners and staff. It includes the status of being actively suicidal; severe cognitive disorders that result in significant functional impairment; and severe personality disorders that result in significant functional impairment and are marked by frequent episodes of psychosis, depression, or self-injurious behavior. (d) Correctional authorities should review the classification of a prisoner housed in a prison at least every [12 months], and the classification of a prisoner housed in a jail at least every [90 days]. (c) Dental care should be provided to treat prisoners dental pain, eliminate dental pathology, and preserve and restore prisoners ability to chew. 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. If a prisoner refuses care in such a situation, health care staff should take steps to involve other trusted individuals, such as clergy or the prisoners family members, to communicate to the prisoner the importance of the decision. 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. (e) No cell used to house prisoners in segregated housing should be smaller than 80 square feet, and cells should be designed to permit prisoners assigned to them to converse with and be observed by staff. If public transportation to a correctional facility is not available, correctional officials should work with transportation authorities to facilitate the provision of such transportation. 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. (g) Courts should be permitted to implement rules to protect defendants and courts from vexatious litigation, but governmental authorities should not retaliate against a prisoner who brings an action in court or otherwise exercises a legal right. (f) Correctional authorities should make reasonable attempts to communicate effectively with prisoners who do not read, speak, or understand English. (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. (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) Correctional authorities should not use restraint mechanisms such as handcuffs, leg irons, straitjackets, restraint chairs, and spit-masks as a form of punishment or retaliation. over the past several decades, inmates have pursued rights guaranteed in the US constitution by filing section _____ petitions in US federal courts. (c) No disciplinary sanction should ever be administered by other prisoners, even under the direction of correctional authorities. (b) No prisoner should be placed in segregated housing for more than [1 day] without a mental health screening, conducted in person by a qualified mental health professional, and a prompt comprehensive mental health assessment if clinically indicated. (b) Imprisonment should prepare prisoners to live law-abiding lives upon release. Prepare an unadjusted trial balance, in correct format, from the following alphabetized account information. (d) The location and storage of firearms should be strictly regulated. 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. A prisoner should be informed of the consequences for the prisoners parental rights of any arrangements contemplated. (f) Except as required by exigent circumstances, a digital or instrumental search of the anal or vaginal cavity of a prisoner should be conducted only pursuant to a court order. Except in the event of an emergency lockdown of less than [72 hours] in which security necessitates denial of such access, prisoners should be afforded access to showers, correspondence, delivery of legal materials, and grievance procedures. (d) Correctional administrators and officials should provide training to volunteers about how to avoid and report inappropriate conduct. (f) If long-term imprisonment is anticipated, a prisoner with an infant should be helped to develop necessary plans for alternative care for the infant following the period described in subdivision (e) of this Standard, in coordination with social service agencies. Correctional authorities should allow legislators who sit on correctional oversight committees to speak privately with staff and prisoners. (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. (d) Vehicles used to transport prisoners to and from medical facilities should be adequately equipped with emergency medical equipment and provisions for prisoners with special needs. Find the Black-Scholes value of a put option on the stock in the previous problem with 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. Staff should explain and read the rules and the handbook to any prisoner unable to read them by reason of illiteracy or disability. D. The contract should facilitate the contracting agencys on- and off-site monitoring by giving the contracting agency access to all the information it needs to carry out its oversight responsibilities, including access to all files and records, and to all areas of the facility and staff and prisoners at all times. (a) In no case should restrictions relating to a prisoners programming or other privileges, whether imposed as a disciplinary sanction or otherwise, detrimentally alter a prisoners: (i) exposure to sufficient light to permit reading in the prisoners housing area, and reasonable darkness during the sleeping hours; (iv) exposure to either unusual amounts of noise or to auditory isolation; (vi) access to medication or medical devices or other health care; (vii) nutrition, except as permitted by Standard 23-3.4(c); (ix) counsel or clergy visits, or written communication with family members, except as provided in subdivision (d) of this Standard. The record should identify the circumstances of the search, the persons conducting the search, any staff who are witnesses, and any confiscated materials. (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. which of the following alternatives to litigation has NOT been incorporated into state correctional systems? the carrying out of retributive punishments to deter future criminal acts. (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) Each state legislature should establish an authority to promulgate and enforce standards applicable to jails and local detention facilities in the state. 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 implement a system that allows each prisoner, regardless of security classification, to communicate health care needs in a timely and confidential manner to qualified health care professionals, who should evaluate the situation and assess its urgency. They should have opportunities to make suggestions and express concerns, develop innovative practices, and contribute to the agencys institutional planning process. Prisoners should receive opportunities to mend and machine launder their clothing if the facility does not provide these services. Governmental authorities should make every effort to house all prisoners in need of secure confinement in publicly operated correctional facilities. (b) Conditions of extreme isolation should not be allowed regardless of the reasons for a prisoners separation from the general population. (c) Restrictions relating to a prisoners programming or other privileges, whether as a disciplinary sanction or otherwise, should be permitted to reduce, but not to eliminate, a prisoners: (i) access to items of personal care and hygiene; (ii) opportunities to take regular showers; (iii) personal visitation privileges, but suspension of such visits should be for no more than [30 days]; (iv) opportunities for physical exercise; (v) opportunities to speak with other persons; (vi) religious observance in accordance with Standard 23-7.3; and. (a) Correctional authorities should protect prisoners from physical injury, corporal punishment, sexual assault, extortion, harassment, and personal abuse, among other harms. 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. (b) Correctional authorities should implement policies and practices to prevent any such discrimination, harassment, or bullying of prisoners by other prisoners. (a) Deadly force means force that creates or is intended to create a substantial risk of death or serious bodily harm. (b) A prisoner should not be administered sedating or otherwise psychoactive drugs for purposes of discipline or convenience, or because of any decision relating to programming or privileges; such drugs should be used only to treat health conditions. (b) A prisoner in labor should be taken to an appropriate medical facility without delay. (iii) include an initial assessment whether the prisoner has any condition that makes the use of chemical agents or electronic weaponry against that prisoner particularly risky, in order to facilitate compliance with Standard 23-5.8(d). (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. 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. Following any incident that involves a use of force against a prisoner, participants and witnesses should be interviewed or should file written statements. (b) Correctional officials should implement procedures for identifying those prisoners who are particularly vulnerable to physical or sexual abuse, manipulation, or psychologically harmful verbal abuse by other prisoners or by staff, and for protecting these and other prisoners who request and need protection. (b) Governmental authorities should authorize and fund an official or officials independent of each correctional agency to investigate the acts of correctional authorities, allegations of mistreatment of prisoners, and complaints about conditions in correctional facilities, including complaints by prisoners, their families, and members of the community, and to refer appropriate cases for administrative disciplinary measures or criminal prosecutions. (b) Correctional authorities should make appropriate accommodations for prisoners with special dietary needs for reasons of health or age. (a) Correctional administrators should develop and implement policies governing use of chemical agents and electronic weaponry. (b) Each classification decision should be in writing, and should set forth the considerations and factors that led to the decision; the written decision should be made available to the prisoner, and should be explained by an appropriate staff member if the prisoner is incapable of understanding it. (c) The term correctional agency means an agency that operates correctional facilities for a jurisdiction or jurisdictions and sets system-wide policies or procedures, along with that agencys decision-makers. (b) Within [30 days] of a prisoners placement in long-term segregated housing based on a finding that the prisoner presents a continuing and serious threat to the security of others, correctional authorities should develop an individualized plan for the prisoner. (j) Governmental authorities should provide sufficient resources to implement these Standards. (i) The term jail means a correctional facility holding primarily pretrial detainees and/or prisoners sentenced to a term of one year or less. Correctional authorities should actively encourage prisoner participation in appropriate educational programs. (f) A prisoner should be permitted to waive the right to a hearing if the prisoner so chooses after being informed of the disciplinary offense of which he or she is accused and the potential penalties and other consequences; such a waiver should be made in person to a designated correctional official who should accept it only if the prisoner understands the consequences. (f) Rules governing attorneys fees and their recovery should be the same for prisoners as for non-prisoners. (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. If necessary, housing should be designed for use by prisoners with disabilities; such housing should be in the most integrated setting appropriate for such prisoners. (b) Governmental authorities should not enter into a contract with a private entity for the operation of any correctional facility, secure or not, unless it can be demonstrated that the contract will result either in improved performance or in substantial cost savings, considering both routine and emergency costs, with no diminution in performance. (d) The handbook should specify the authorized means by which prisoners should seek information, make requests, obtain medical or mental health care, seek an accommodation relating to disability or religion, report an assault or threat, and seek protection. (p) The term qualified health care professional means physicians, physician assistants, nurses, nurse practitioners, dentists, qualified mental health professionals, and others who by virtue of their education, credentials, and experience are permitted by law to evaluate and provide health care to patients. Where authorized by law, a correctional official should also be permitted to order an autopsy. The use of firearms should always be considered the use of deadly force. (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. 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. (d) Prisoners placed in segregated housing for reasons other than discipline should be allowed as much out-of-cell time and programming participation as practicable, consistent with security. Prisoners who are unable to access library resources because of housing restrictions, language or reading skills, or for other reasons, should have access to an effective alternative to such access, including the provision of counsel, or of prisoners or non-prisoners trained in the law. (c) Correctional authorities should assign to single occupancy cells prisoners not safely or appropriately housed in multiple occupancy cells, and correctional and governmental authorities should maintain sufficient numbers of such single cells for the needs of a facilitys particular prisoner population. 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. 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. (e) Upon request by a court, correctional authorities should facilitate a prisoners participationin person or using telecommunications technologyin legal proceedings. (d) Governmental authorities should ensure that no birth certificate states that a child was born in a correctional facility. 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. (a) A correctional agency should ensure each prisoners continuity of care, including with respect to medication, upon entry into the correctional system, during confinement and transportation, during and after transfer between facilities, and upon release. (b) Correctional authorities should provide all prisoners daily opportunities for significant out-of-cell time and for recreation at appropriate hours that allows them to maintain physical health and, for prisoners not in segregated housing, to socialize with other prisoners. (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. Subject to the remainder of this Standard, restraints should not be used except to control a prisoner who presents an immediate risk of self-injury or injury to others, to prevent serious property damage, for health care purposes, or when necessary as a security precaution during transfer or transport. (ix) opportunity for the prisoner to appeal within [5 days] to the chief executive officer of the facility or higher administrative authority, who should issue a written decision within [10 days] either affirming or reversing the determination of misconduct and approving or modifying the punishment imposed. Available in the US constitution by filing section _____ petitions in US federal courts do not read speak! Privately with staff and prisoners publicly operated correctional facilities ) preventing idleness by providing activities! Be interviewed or should file written statements which prisoners are sent or other appropriate for. 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Incorporated into state correctional systems written statements inappropriate conduct independent government entities prisoner participation in appropriate programs!, even under the direction of correctional authorities should make appropriate accommodations for religion and disability with respect to requirements!
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