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. (ix) an appropriate individual and, when appropriate, systemic remedy if the grievance is determined to be well-founded. 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. (iii) Weekly, a qualified mental health professional should observe and seek to talk with each prisoner. 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. (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. (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. (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. (c) Dental care should be provided to treat prisoners dental pain, eliminate dental pathology, and preserve and restore prisoners ability to chew. (b) A correctional agency should allow a prisoner to examine and copy information in the prisoners file, challenge its accuracy, and request its amendment. A competent prisoner who refuses food should not be force-fed except pursuant to a court order. (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. (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. (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. (vi) All consent forms should be reviewed and approved by the insti tutional review board before they are presented to the prisoner. Visitors should not be excluded solely because of a prior criminal conviction, although correctional authorities should be permitted to exclude a visitor if exclusion is reasonable in light of the conduct underlying the visitors conviction. (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. (d) Correctional authorities should be permitted to reasonably restrict, but not eliminate, counsel visits, clergy visits, and written communication if a prisoner has engaged in misconduct directly related to such visits or communications. (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. (b) Correctional officials should provide prisoners opportunities to make suggestions to improve correctional programs and conditions. (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. (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). (a) Each sentenced prisoner should be employed substantially full-time unless there has been an individualized determination that no work assignment for that prisoner is consistent with security and safety. (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. (c) A record should be kept of all facility searches, including documentation of any contraband that is found. (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. 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. The ____________ is a prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management. Absent an individualized finding that security would be compromised, such treatment should take place out of cell, in a setting in which security staff cannot overhear the conversation. (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. Staff should explain and read the rules and the handbook to any prisoner unable to read them by reason of illiteracy or disability. Searches of prisoners bodies should follow a written protocol that implements this Standard. (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. (m) The term effective notice means notice in a language understood by the prisoner who receives the notice; if that prisoner is unable to read, effective notice requires correctional staff to read and explain the relevant information, using an interpreter if necessary. 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. 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. (d) Other than as allowed by subdivision (e) of this Standard, correctional authorities should not use restraints in a prisoners cell except immediately preceding an out-of-cell movement or for medical or mental health purposes as authorized by a qualified medical or mental health professional. No new comprehensive medical and mental health assessment need occur for a prisoner transferred or readmitted to a correction facility who has received comprehensive health assessment within the prior year unless it is medically necessary, or the prisoners medical records are not available. (d) Correctional authorities should be permitted to open and inspect an envelope, package, or container sent to or by a prisoner to determine if it contains contraband or other prohibited material, subject to the restrictions set forth in these Standards on inspection of mail to or from counsel. (b) In the months prior to anticipated release of a sentenced prisoner confined for more than [6 months], correctional authorities should develop an individualized re-entry plan for the prisoner, which should take into account the individualized programming plan developed pursuant to Standard 23-8.2(b). 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. Correctional policies regarding electronic communication by prisoners should consider public safety, institutional security, and prisoners interest in ready communication. (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. Correctional authorities should not stigmatize prisoners who need protection. (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) Correctional authorities should protect all prisoners from sexual assault by other prisoners, as well as from pressure by other prisoners to engage in sexual acts. 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. Correctional authorities should be permitted to examine legal materials received or retained by a prisoner for physical contraband. (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. (f) Correctional officials should not use a lockdown to substitute for disciplinary sanctions or for reclassification of prisoners. (iv) fire alarms and other forms of emergency notification that communicate effectively with prisoners with hearing or vision impairments. (g) If correctional authorities assign a prisoner to protective custody, such a prisoner should be: (i) housed in the least restrictive environment practicable, in segregated housing only if necessary, and in no case in a setting that is used for disciplinary housing; (ii) allowed all of the items usually authorized for general population prisoners; (iii) provided opportunities to participate in programming and work as described in Standards 23-8.2 and 8.4; and. (b) Prisoners should have the right to refuse requests for interviews and should be notified of that right and given an opportunity to consult with counsel, if they have counsel, prior to an interview. Correctional authorities should take steps necessary to protect the prisoner from further sexual assaults, contacts, or exploitation. (h) Whether restraints are used for health care or for custodial purposes, during the period that a prisoner is restrained in a four- or five-point position, staff should follow established guidelines for use of the restraint mechanism that take into account the prisoners physical condition, including health problems and body weight, should provide adequate nutrition, hydration, and toileting, and should take the following precautions to ensure the prisoners safety: (i) for the entire period of restraint, the prisoner should be video- and audio-recorded; (ii) immediately, a qualified health care professional should conduct an in-person assessment of the prisoners medical and mental health condition, and should advise whether the prisoner should be transferred to a medical or mental health unit or facility for emergency treatment; (iii) until the initial assessment by a qualified health care professional required by subdivision (ii), staff should continuously observe the prisoner, in person; (iv) after the initial medical assessment, at least every fifteen minutes medically trained staff should conduct visual observations and medical checks of the prisoner, log all checks, and evaluate the continued need for restraint; (v) at least every two hours, qualified health care staff should check the prisoners range of motion and review the medical checks performed under subdivision (iv); and. (n) The term health care means the diagnosis and treatment of medical, dental, and mental health problems. (a) In conducting a search of a prisoners body, correctional authorities should strive to preserve the privacy and dignity of the prisoner. The relationship between a prisoner and a person providing legal assistance under this subdivision should be governed by applicable ethical rules protecting the attorney-client relationship. (a) Governmental authorities should authorize and fund a governmental agency independent of each jurisdictions correctional agency to conduct regular monitoring and inspection of the correctional facilities in that jurisdiction and to issue timely public reports about conditions and practices in those facilities. As the situation improves, privileges and activities for the affected area should be progressively increased. (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. B. correctional authorities should conduct such a search only in the presence of the prisoner to or from whom the letter or document is addressed. No prisoner should be shackled during a work assignment except after an individualized determination that security requires otherwise. (a) A correctional facility should provide prisoners reasonable access to updated legal research resources relevant to prisoners common legal needs, including an appropriate collection of primary legal materials, secondary resources such as treatises and self-help manuals, applicable court rules, and legal forms. Governmental authorities should provide appropriate health care to children in such facilities. (a) A correctional agency should establish an independent internal audit unit to conduct regular performance auditing and to advise correctional administrators on compliance with established performance indicators, standards, policies, and other internal controls. Food should be prepared, maintained, and served at the appropriate temperatures and under sanitary conditions. Prisoners should be informed of this procedure pursuant to Standard 23-4.1, including any applicable timeframes or other bases for rejecting a grievance on procedural grounds. (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. 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. (b) A prisoner with a criminal charge or removal action pending should be housed in a correctional facility sufficiently near the courthouse where the case will be heard that the preparation of the prisoners defense is not unreasonably impaired. Correctional authorities should provide female prisoners job opportunities reasonably similar in nature and scope to those provided male prisoners. While on-site programs are preferred, correctional authorities without resources for on-site classes should offer access to correspondence courses, online educational opportunities, or programs conducted by outside agencies. (f) Except in an emergency, force should not be used unless authorized by a supervisory officer. Such a prisoner should have the opportunity to earn an equal amount of good conduct time credit for participating in alternative activities. (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. (a) Correctional administrators and officials should authorize and encourage resolution of prisoners complaints and requests on an informal basis whenever possible. 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. (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. (iv) provided the greatest practicable opportunities for out-of-cell time. (d) Courts should have the same equitable authority in cases involving challenges to conditions of confinement as in other civil rights cases. A staff member should report any information relating to corrupt or criminal conduct by other staff directly to the chief executive officer of the facility or to an independent government official with responsibility to investigate correctional misconduct, and should provide any investigator with full and candid information about observed misconduct. (q) The term qualified mental health professional means psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who by virtue of their education, credentials, and experience are permitted by law to evaluate and provide mental health care to patients. (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. (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. Correctional authorities should not hog-tie prisoners or restrain them in a fetal or prone position. 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. 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 _______. The provisions of this Standard applicable to counsel apply equally to consular officials for prisoners who are not United States citizens. 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