In those situations, each staff member should also have available for use a weapon less likely to be lethal. (c) During any lockdown, correctional authorities should not suspend medical services, food service, and provision of necessities, although necessary restrictions in these services should be permitted. (b) Upon a prisoners entry to a correctional facility, correctional authorities should provide the prisoner a personal copy of the rules for prisoner conduct and an informational handbook written in plain language. (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. (ii) be permitted only upon individualized reasonable suspicion that the prisoner is carrying contraband, unless the prisoner has recently had an opportunity to obtain contraband, as upon admission to the facility, upon return from outside the facility or a work assignment in which the prisoner has had access to materials that could present a security risk to the facility, after a contact visit, or when the prisoner has otherwise had contact with a member of the general public; provided that a strip search should not be permitted without individualized reasonable suspicion when the prisoner is an arrestee charged with a minor offense not involving drugs or violence and the proposed strip search is upon the prisoners admission to a correctional facility or before the prisoners placement in a housing unit. (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. (f) Except in an emergency, force should not be used unless authorized by a supervisory officer. 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. 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. All other information should be disclosed only upon the prisoners written consent unless: (i) a government official specifies in writing the particular information desired, the officials agency is authorized by law to request that information, and the disclosure of the information is appropriately limited to protect the prisoners privacy; (ii) the material is sought only for statistical, research, or reporting purposes and is not in a form containing the prisoners name, number, symbol, or other information that might identify the prisoner; (iii) the disclosure is made pursuant to a valid court order or subpoena, or is otherwise required by law; or. When any property is confiscated, the prisoner should be given written documentation of this information. (b) Prior to long-term involuntary transfer of a prisoner with a serious mental illness to a dedicated mental health facility, the prisoner should be afforded, at a minimum, the following procedural protections: (i) at least [3 days] in advance of the hearing, written, and effective notice of the fact that involuntary transfer is being proposed, the basis for the transfer, and the prisoners rights under this Standard; (ii) decision-making by a judicial or administrative hearing officer independent of the correctional agency, or by an independent committee that does not include any health care professional responsible for treating or referring the prisoner for transfer or any other correctional staff but does include at least one qualified mental health professional; (iii) a hearing at which the prisoner may be heard in person and, absent an individualized determination of good cause, present testimony of available witnesses, including the prisoners treating mental health professional, and documentary and physical evidence; (iv) absent an individualized determination of good cause, opportunity for the prisoner to confront and cross-examine witnesses or, if good cause to limit such confrontation is found, to propound questions to be relayed to the witnesses; (vi) counsel, or some other advocate with appropriate mental health care training; (vii) a written statement setting forth in detail the evidence relied on and the reasons for a decision to transfer; (viii) an opportunity for the prisoner to appeal to a mental health care review panel or to a judicial officer; and. (d) At intervals not to exceed [90 days], a full classification review involving a meeting of the prisoner and the specialized classification committee should occur to determine whether the prisoners progress toward compliance with the individual plan required by subdivision (b) of this Standard or other circumstances warrant a reduction of restrictions, increased programming, or a return to a lower level of custody. (iii) necessary interpretive services during disciplinary proceedings or other hearings, for processes by which a prisoner may lodge a complaint about staff misconduct or concerns about safety, and during provision of health care. (b) No prisoner under the age of eighteen should be housed in an adult correctional facility. (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. (iv) the prisoner is dead, and disclosure is authorized by the prisoners next of kin or by the administrator of the prisoners estate if one has been appointed. (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. (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. (e) Governmental and correctional authorities should strive to meet the legitimate needs of prisoner mothers and their infants, including a prisoners desire to breastfeed her child. (a) A correctional facility should provide appropriate and individualized mental health care treatment and habilitation services to prisoners with mental illness, mental retardation, or other cognitive impairments. the prisoner has the right to a hearing before a felony trial judge. (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. (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. (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. (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. 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) The term lockdown means a decision by correctional authorities to suspend activities in one or more housing areas of a correctional facility and to confine prisoners to their cells or housing areas. (a) Correctional authorities should not seek to impose a disciplinary sanction upon a prisoner for misconduct unless the misconduct is a criminal offense or the prisoner was given prior written and effective notice of the violated rule. The use of firearms should always be considered the use of deadly force. (d) Correctional administrators and officials should provide training to volunteers about how to avoid and report inappropriate conduct. 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. When a prisoner and infant are separated, the prisoner should be provided with counseling and other mental health support. (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. Correctional authorities should not hog-tie prisoners or restrain them in a fetal or prone position. (iv) provided the greatest practicable opportunities for out-of-cell time. B. the time a prisoner spends speaking on the telephone with counsel should not count against any applicable maximum telephone time. (b) Correctional administrators and officials should implement recruitment and selection processes that will ensure that staff are professionally qualified, psychologically fit to work with prisoners, and certified or licensed as appropriate. The prisoners own views with respect to his or her own safety should be given serious consideration. Correctional authorities should be permitted to require prisoners able to perform cleaning tasks to do so, with necessary materials and equipment provided to them regularly and without charge. Correctional officials should set forth any applicable restrictions in a written policy. a. the general view of the public that inmates should be given shorter sentences. When medically necessary, correctional authorities should be permitted to place a prisoner with a readily transmissible contagious disease in appropriate medical isolation or to restrict such a prisoner in other ways to prevent contagion of others. (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. 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. brutality and inhumane living conditions. (c) Dental care should be provided to treat prisoners dental pain, eliminate dental pathology, and preserve and restore prisoners ability to chew. 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. If a publication or piece of correspondence contains material in violation of the facilitys written guidelines, correctional authorities should make reasonable efforts to deny only those segregable portions of the publication or correspondence that present concerns. (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. In their interactions with prisoners, they should model fair, respectful, and constructive behavior; engage in preventive problem-solving; and rely upon effective communication. (b) The term correctional administrator means an individual with responsibility for system-wide operations and management. (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. The record should identify the circumstances of the search, the persons conducting the search, any staff who are witnesses, and any confiscated materials. (a) Correctional officials should provide for the voluntary medically appropriate testing of all prisoners for widespread chronic and serious communicable diseases and for appropriate treatment, without restricting the availability of treatment based on criteria not directly related to the prisoners health. Policies relating to segregation for whatever reason should take account of the special developmental needs of prisoners under the age of eighteen. 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. in which case did the supreme court rule that prisoners who adhere to non-traditional religious beliefs may not be denied the opportunity to practice their own religion. (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. (s) The term serious mental illness means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality or cope with the ordinary demands of life within the prison environment and is manifested by substantial pain or disability. (iv) Monthly, and more frequently if clinically indicated, a qualified mental health professional should see and treat each prisoner who is receiving mental health treatment. (c) The handbook should contain specific criteria and procedures for discipline and classification decisions, including decisions involving security status and work and housing assignments. (c) A correctional facility should maintain order and should protect prisoners from harm from other prisoners and staff. (b) Health care providers in a non-federal correctional facility should be fully licensed in the state in which the facility is located; health care providers in a federal correctional facility should be fully licensed in the United States. (b) Prison officials should provide programs for the education and training of prisoners who can help other prisoners with legal matters. If a complaining prisoner and the subject of the complaint are separated during any such investigation, care should be taken to minimize conditions for the complaining prisoner that a reasonable person would experience as punitive. 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. (a) A prisoner should be placed or retained in long-term segregated housing only after an individualized determination, by a preponderance of the evidence, that the substantive prerequisites set out in Standards 23-2.7 and 23-5.5 for such placement are met. Where applicable law does not provide for all such prisoners to be transferred to the care and control of a juvenile justice agency, a correctional agency should provide specialized facilities and programs to meet the education, special education, and other needs of this population. (c) No disciplinary sanction should ever be administered by other prisoners, even under the direction of correctional authorities. (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. 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