(b) Correctional authorities should use force against a prisoner only: (i) to protect and ensure the safety of staff, prisoners, and others; to prevent serious property damage; or to prevent escape; (ii) if correctional authorities reasonably believe the benefits of force outweigh the risks to prisoners and staff; and. (c) All prisoners placed in segregated housing should be provided with meaningful forms of mental, physical, and social stimulation. (a) A correctional agency and facility should be appropriately staffed to promote safety for all staff and prisoners and allow the full operation of all programs and services and a reasonable work schedule for each staff member. (d) Medical treatment and testing, and psychological counseling, should be immediately available to victims of sexual assault or of sexual contact with or sexual exploitation by staff. Any claim that a prisoner is refusing treatment for a serious medical or mental health condition should be investigated by a qualified health care professional to ensure that the refusal is informed and voluntary, and not the result of miscommunication or misunderstanding. (b) Conditions of extreme isolation should not be allowed regardless of the reasons for a prisoners separation from the general population. (iii) as a last alternative after other reasonable efforts to resolve the situation have failed. (c) Correctional authorities should provide prisoners, without charge, basic individual hygiene items appropriate for their gender, as well as towels and bedding, which should be exchanged or laundered at least weekly. 2022 American Bar Association, all rights reserved. (a) Each correctional agency should employ or contract with a sufficient number of qualified medical, dental, and mental health professionals at each correctional facility to render preventive, routine, urgent, and emergency health care in a timely manner consistent with accepted health care practice and standards. (f) Correctional officials should, to the extent reasonable, make resources and facilities available for religious purposes to all religious groups and prisoners following sincerely held religious beliefs within a correctional facility, and should not show favoritism to any religion. Access to these legal resources should be provided either in a law library or in electronic form, and should be available even to those prisoners who have access to legal services. 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) 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. (ix) prompt review of the classification committees decision by correctional administrators. Such a prisoner should have the opportunity to earn an equal amount of good conduct time credit for participating in alternative activities. (b) A prisoner in labor should be taken to an appropriate medical facility without delay. 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. In Wolff vs. McDonnell (1974) the court created four legal procedures to enhance the protection of an inmate who has been accused of a serious prison violation. 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. (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. (f) Prisoners should be provided basic educational materials relating to disease prevention, good health, hygiene, and proper usage of medication. (d) Correctional administrators and officials should seek accreditation of their facilities and certification of staff from national organizations whose standards reflect best practices in corrections or in correctional sub-specialties. (h) Governmental authorities should implement policies that allow government benefits, including health benefits, to be restored to prisoners immediately upon release, and correctional officials should ensure that correctional authorities or community service providers assist prisonersespecially prisoners with mental disabilities or significant health care needsin preparing and submitting appropriate benefits applications sufficiently in advance of their anticipated release date to meet this objective and facilitate continuity of care. (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. 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. (vi) at least every four hours, a qualified medical professional should conduct a complete in-person evaluation to determine the prisoners need for either continued restraint or transfer to a medical or mental health facility. In addition, the handbook should set forth the facilitys policy forbidding staff sexual contact or exploitation of prisoners, and the procedures for making complaints, filing grievances, and appealing grievance denials, as well as describing any types of complaints deemed not properly the subject of the grievance procedures. (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]. (d) A correctional facility should have or provide adequate access to a library for the use of all prisoners, adequately stocked with a wide range of both recreational and educational resources, books, current newspapers, and other periodicals. (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. (f) Correctional authorities should make reasonable attempts to communicate effectively with prisoners who do not read, speak, or understand English. (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. The evaluation process should include mechanisms by which prisoners can provide both positive and negative comments about their care. No correctional staff member should impede or unreasonably delay a prisoners access to health care staff or treatment. (a) Correctional agencies and facilities should provide housing options with conditions of confinement appropriate to meet the protection, programming, and treatment needs of special types of prisoners, including female prisoners, prisoners who have physical or mental disabilities or communicable diseases, and prisoners who are under the age of eighteen or geriatric. the same exercise price and expiration as the call option. (d) Correctional authorities should allow prisoners to acquire personal law books and other legal research material and to prepare and retain legal documents. Correctional officials should allow reasonable participation by members of the general public in authorized meetings or activities of such organizations, provided the safety of the public or the security or safety of persons within the facility are not thereby jeopardized. (b) Except in exigent situations, a search of a prisoners body, including a pat-down search or a visual search of the prisoners private bodily areas, should be conducted by correctional staff of the same gender as the prisoner. 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. To go to a particular black letter Standard (without commentary), click on the relevant Standard in the Table of Contents, below. (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. (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. (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. (a) Governmental authorities should allow prisoners to produce newspapers and other communications media for the dissemination of information, opinions, and other material of interest, and to distribute such media to the prisoner population and to the general public. Procedures should exist for identifying individual prisoners who did not participate in incidents that led to the lockdown and whose access to programs and movement within the facility may be safely restored prior to the termination of lockdown status. (b) A lockdown of more than one day should be imposed only to restore order; to address an imminent threat of violence, disorder, or serious contagion; or to conduct a comprehensive search of the facility. (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. (iv) Provision should be made for appropriate health care for adverse medical or mental health conditions or reactions resulting from participation. (a) Unless a court orders otherwise in a situation in which a prisoner possesses substantial assets, correctional authorities should not charge prisoners fees for any non-commissary services provided them during the period of imprisonment, including their food or housing or incarceration itself, except that correctional authorities should be permitted to assess prisoners employed at or above minimum wage a reasonable portion of their wages in applicable fees. Facilities that must use dormitories or other multiple-prisoner living quarters should provide sufficient staffing, supervision, and personal space to ensure safety for prisoners and security for their belongings. Correctional officials should annually review and update the handbooks provided to prisoners to ensure that they comport with current legal standards, facility and agency rules, and practice. Is there sufficient evidence to infer that alcohol and current depression are related? To the extent practicable, funding, space, and institutional support should be provided for such efforts, and prisoners should be allowed to establish and operate independently-funded publications. (v) to enforce an order after a prisoner has been immobilized or a threat has been neutralized. Correctional authorities should be permitted to summarize or redact information provided to the prisoner if it was obtained under a promise of confidentiality or if its disclosure could harm the prisoner or others or would not serve the best treatment interests of the prisoner. The agency should implement a system to monitor compliance with the contract, and to hold the contracted provider accountable for any deficiencies. (k) The term prisoner means any person incarcerated in a correctional facility. Correctional officials should set forth any applicable restrictions in a written policy. (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. (c) The handbook should contain specific criteria and procedures for discipline and classification decisions, including decisions involving security status and work and housing assignments. A suicidal prisoners clothing should be removed only if an individualized assessment finds such removal necessary, and the affected prisoner should be provided with suicide resistant garments that are sanitary, adequately modest, and appropriate for the temperature. (b) No prisoner under the age of eighteen should be housed in an adult correctional facility. (b) Consistent with security needs, correctional officials should provide opportunities for prisoners to contribute to the community through volunteer activities. The chief executive of the facility or a higher-ranking correctional administrator should receive reports of all cases in which staff are found to have engaged in misconduct involving prisoners and should have final responsibility for determining the appropriate sanction. (d) Correctional administrators and officials should provide training to volunteers about how to avoid and report inappropriate conduct. (g) The term correctional staff or staff means employees who have direct contact with prisoners, including both security and non-security personnel, and employees of other governmental or private organizations who work within a correctional facility. (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. 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. Searches of prisoners bodies should follow a written protocol that implements this Standard. (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. 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. (b) Prisoners access to the judicial process should not be restricted by the nature of the action or the relief sought, the phase of litigation involved, or the likelihood of success of the action, except if like restrictions, including filing fees, are imposed on non-prisoners. (c) Correctional administrators and officials should adopt a formal procedure for resolving specific prisoner grievances, including any complaint relating to the agencys or facilitys policies, rules, practices, and procedures or the action of any correctional official or staff. (h) When practicable, giving due regard to security, public safety, and budgetary constraints, correctional officials should authorize prisoners to leave a correctional facility for compelling humanitarian reasons such as a visit to a dying parent, spouse, or child, either under escort or alone. (c) Dental care should be provided to treat prisoners dental pain, eliminate dental pathology, and preserve and restore prisoners ability to chew. (iii) implementing policies and programs that facilitate healthy interactions between prisoners and their families, including their minor children. (i) Correctional agency policies should strive to ensure full staff accountability for all uses of force. (e) Correctional officials should provide programming and activities appropriate for specific types of prisoners, including female prisoners, prisoners who face language or communication barriers or have physical or mental disabilities, prisoners who are under the age of eighteen or geriatric, and prisoners who are serving long sentences or are assigned to segregated housing for extended periods of time. Living conditions for a correctional agencys female prisoners should be essentially equal to those of the agencys male prisoners, as should security and programming. (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. The chief executive officer should decide promptly whether the use of such restraints should continue. (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. Government-funded legal services organizations should be permitted to provide legal services to prisoners without limitation as to the subject matter or the nature of the relief sought. 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. To the extent practicable, continually operating stationary video cameras should be used in areas in which uses of force are particularly likely, such as intake areas, segregation, and mental health units. Correctional authorities should not stigmatize prisoners who need protection. (c) ensure that classification and housing decisions, including assignment to particular cells and cellmates, take account of a prisoners gender, age, offense, criminal history, institutional behavior, escape history, vulnerability, mental health, and special needs, and whether the prisoner is a pretrial detainee. 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. Any restraints used on a pregnant prisoner or one who has recently delivered a baby should be medically appropriate; correctional authorities should consult with health care staff to ensure that restraints do not compromise the pregnancy or the prisoners health. (b) A correctional facility should have equipment necessary for routine health care and emergencies, and an adequately supplied pharmacy. 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. Such an officer should be called to the scene whenever force is used, to direct and observe but ordinarily not to participate in the physical application of force, and should not leave the scene until the incident has come to an end. 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. 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. 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. Unless a dental emergency requires more immediate attention, a dental examination by a dentist or trained personnel directed by a dentist should be conducted within [90 days] of admission if the prisoners confinement may exceed one year, and annually thereafter. (b) A prisoner suffering from a serious or potentially life-threatening illness or injury, or from significant pain, should be referred immediately to a qualified medical professional in accordance with written guidelines. (b) Prison officials should provide programs for the education and training of prisoners who can help other prisoners with legal matters. (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. If a prisoner refuses health care examination, testing, or treatment, a qualified health care professional should discuss the matter with the prisoner and document in the prisoners health care record both the discussion and the refusal; the health care professional should attempt to obtain the prisoners signature attesting to the refusal. 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