a judicial order asking correctional officers to produce

The ____________ is a prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management. Policies relating to segregation for whatever reason should take account of the special developmental needs of prisoners under the age of eighteen. (c) Correctional officials should implement any appropriate facility-specific restrictions on use of chemical agents and electronic weaponry that are appropriate for the particular facility and its prisoner population, and should promulgate policy that sets forth in detail the circumstances in which such weapons may be used. Upon release, each prisoner who was confined for more than [3 months] should possess or be provided with: (i) photographic identification sufficient to obtain lawful employment; (ii) clothing appropriate for the season; (iii) sufficient money or its equivalent necessary for maintenance during a brief period immediately following release; and. The plan should include an assessment of the prisoners needs, a strategy for correctional authorities to assist the prisoner in meeting those needs, and a statement of the expectations for the prisoner to progress toward fewer restrictions and lower levels of custody based on the prisoners behavior. Any prisoner in segregated housing who develops serious mental illness should be placed in an environment where appropriate treatment can occur. (e) Correctional authorities should communicate effectively with prisoners who have disabling speech, hearing, or vision impairments by providing, at a minimum: (i) hearing and communication devices, or qualified sign language interpretation by a non-prisoner, or other communication services, as needed, including for disciplinary proceedings or other hearings, processes by which a prisoner may make requests or lodge a complaint, and during provision of programming and health care; (ii) closed captioning on any televisions accessible to prisoners with hearing impairments; (iii) readers, taped texts, Braille or large print materials, or other necessary assistance for effective written communication between correctional authorities and prisoners with vision impairments, andwhen a prisoner with a vision impairment is permitted to review prison records, as in preparation for a disciplinary or other hearing; and. (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. (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. (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. Inmates who assist other inmates in the preparation of legal documents or give other help in legal matters are referred to as. Find the Black-Scholes value of a put option on the stock in the previous problem with (c) Hospitals and infirmaries operated by or within correctional facilities should meet the licensing standards applicable to similar, non-prison hospitals or infirmaries. (e) A prisoner should be informed if correctional authorities deny the prisoner permission to send or receive any publication or piece of correspondence and should be told the basis for the denial and afforded an opportunity to appeal the denial to an impartial correctional administrator. (b) Correctional officials should provide prisoners opportunities to make suggestions to improve correctional programs and conditions. (h) Following any incident in which a prisoner is subjected to use of either chemical agents or any kind of weapon or is injured during a use of force, the prisoner should receive an immediate health care examination and appropriate treatment, including decontamination. 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) A correctional agency should be required to respond in a public document to the findings of the monitoring agency, to develop an action plan to address identified problems, and to periodically document compliance with recommendations or explain noncompliance; however, if security requires, the public document should be permitted to be supplemented by a confidential one. (e) Upon request by a court, correctional authorities should facilitate a prisoners participationin person or using telecommunications technologyin legal proceedings. (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. (a) Correctional administrators should develop and implement policies governing use of chemical agents and electronic weaponry. (a) Correctional authorities should protect prisoners from physical injury, corporal punishment, sexual assault, extortion, harassment, and personal abuse, among other harms. (c) Correctional authorities should allow prisoners to purchase or, if they are indigent, to receive without charge materials to support their communications with courts, attorneys, and public officials. 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 _______. (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. Indigent prisoners should be provided a reasonable amount of stationery and free postage or some reasonable alternative that permits them to maintain contact with people and organizations in the community. Segregated housing includes restriction of a prisoner to the prisoners assigned living quarters. Correctional authorities, including health care staff, should be alert to identify and document signs of sexual assault and should implement a protocol for providing victims with a thorough forensic medical examination performed by an appropriately trained qualified medical professional. (d) In the event of a lockdown of longer than [7 days], a qualified mental health professional should visit the affected housing units at least weekly to observe and talk with prisoners in order to assess their mental health and provide necessary services. (a) Correctional authorities should use long-term segregated housing sparingly and should not place or retain prisoners in such housing except for reasons relating to: (i) discipline after a finding that the prisoner has committed a very severe disciplinary infraction, in which safety or security was seriously threatened; (ii) a credible continuing and serious threat to the security of others or to the prisoners own safety; or. The use of firearms should always be considered the use of deadly force. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints. 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. Conditions of extreme isolation generally include a combination of sensory deprivation, lack of contact with other persons, enforced idleness, minimal out-of-cell time, and lack of outdoor recreation. Prisoners should also have regular access to a variety of broadcast media to enable them to remain informed about public affairs. The evaluation should also consider the state of the prisoners mental health; address the extent to which the individuals behavior, measured against the plan, justifies the need to maintain, increase, or decrease the level of controls and restrictions in place at the time of the evaluation; and recommend a full classification review as described in subdivision (d) of this Standard when appropriate. Assume all accounts have normal balances. (a) Contracts with private corporations or other private entities for the operation of a secure correctional facility should be disfavored. Correctional authorities should video and audio record every planned or anticipated use of force from the initiation of the action, and should begin recording any other use of force incident as soon as practicable after the incident starts. Correctional officials and administrators should review and retain the file for purposes of management, staff discipline, training, and the identification of trends. This agency, which should be permitted to be the same entity responsible for investigations conducted pursuant to Standard 23-11.2(b), should anticipate and detect systemic problems affecting prisoners, monitor issues of continuing concern, identify best practices within facilities, and make recommendations for improvement. Prepare an unadjusted trial balance, in correct format, from the following alphabetized account information. The provisions of this Standard applicable to counsel apply equally to consular officials for prisoners who are not United States citizens. (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. Correctional authorities should provide access to copying services, for which a reasonable fee should be permitted, and should provide prisoners with access to typewriters or word processing equipment. (e) Consistent with such confidentiality as is required to prevent a significant risk of harm to other persons, a prisoner being evaluated for placement in long-term segregated housing for any reason 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. (b) Correctional authorities should exercise reasonable care with respect to property prisoners lawfully possess or have a right to reclaim. 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. (b) In imposing and enforcing financial obligations on prisoners, governmental authorities, including courts, should consider both the interest served by the imposition of the obligation and the cumulative effect of financial obligations on a prisoners successful and law-abiding re-entry. (viii) comply with health, safety, and building codes, subject to regular inspection. [Use the navigation bar on the left side to go to a specific Part of Standard. (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. The record should identify the circumstances of the search, the persons conducting the search, any staff who are witnesses, and any confiscated materials. B. the time a prisoner spends speaking on the telephone with counsel should not count against any applicable maximum telephone time. In February 2010, the ABA House of Delegates approved a set of ABA Criminal Justice Standards on Treatment of Prisoners.These Standards supplant the previous ABA Criminal Justice Standards on the Legal Status of Prisoners and, in addition, new Standard 23-6.15 supplants Standards 7-10.2 and 7-10.5 through 7-10.9 of the ABA Criminal Justice Mental Health Standards. case law decisions create______ that are legal rules that can be used to make future judgments on cases that involve similar circumstances, direct conversation with the assistant/deputy warden. (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. (v) be available to the prisoner who is the subject of the records, absent an individualized finding of good cause. (g) Correctional officials should implement internal processes for continually assessing and improving each correctional facility. (c) When appropriate, health care complaints should be evaluated and treated by specialists. (e) For a convicted prisoner, loss of liberty and separation from society should be the sole punishments imposed by imprisonment. (c) Correctional authorities should whenever practicable allow each prisoner not in segregated housing to eat in a congregate setting, whether that is a specialized room or a housing area dayroom, absent an individualized decision that a congregate setting is inappropriate for a particular prisoner. (iii) Weekly, a qualified mental health professional should observe and seek to talk with each prisoner. 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. (iii) after the risk that justified the use of force has passed. (b) Adequate safeguards and oversight procedures should be established for behavioral or biomedical research involving prisoners, including: (i) Prior to implementation, all aspects of the research program, including design, planning, and implementation, should be reviewed and approved, disapproved, or modified as necessary by an established institutional review board that complies with applicable law and that includes a medical ethicist and a prisoners advocate. (b) A correctional facility should have equipment necessary for routine health care and emergencies, and an adequately supplied pharmacy. (e) Correctional authorities should provide each convicted prisoner being released to the community with: (i) specific information about when and how to contact any agency having supervisory responsibility for the prisoner in the community; (ii) general information about the collateral sanctions and disqualifications that may apply because of the prisoners conviction, and where to get more details; and. In addition to implementing the mental health screening required in Standard 23-2.1 and mental health assessment required in Standard 23-2.5, this protocol should require that the signs and symptoms of mental illness or other cognitive impairments be documented and that a prisoner with such signs and symptoms be promptly referred to a qualified mental health professional for evaluation and treatment. (iv) review all records, except that special procedures may be implemented for highly confidential information. (b) Governmental authorities in all branches in a jurisdiction should take necessary steps to avoid crowding that exceeds a correctional facilitys rated capacity or adversely affects the facilitys delivery of core services at an adequate level, maintenance of its physical plant, or protection of prisoners from harm, including the spread of disease. Correctional officials should develop and promote other forms of communication between prisoners and their families, including video visitation, provided that such options are not a replacement for opportunities for in-person contact. The plan should describe the course of treatment provided the prisoner in the facility and any medical, dental, or mental health problems that may need follow-up attention in the community. (h) The term governmental authorities encompasses persons in all branches and levels of government whose conduct affects correctional policy or conditions, including members of the legislature, prosecutors, judges, governors, etc. (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. (e) If restraints are used for medical or mental health care purposes, the restrained prisoner should, if possible, be placed in a health care area of the correctional facility, and the decision to use, continue, and discontinue restraints should be made by a qualified health care professional, in accordance with applicable licensing regulations. Prisoners should continue to have unrestricted access to toilets, washbasins, and drinking water. (e) Correctional authorities should not be assigned responsibilities potentially requiring the use of force unless they are appropriately trained for the anticipated type of force, and are initially and periodically evaluated as being physically and mentally fit for such hazardous and sensitive duties. 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. (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. (a) Correctional officials should implement a policy to require voluntary and informed consent prior to a prisoners health care examination, testing, or treatment, except as provided in this Standard. (iv) assertions of a defense to any action brought against them. Copyright by the American Bar Association. Smaller facilities should be permitted to provide for prisoners health care needs by transferring them to other facilities or health care providers, but should have equipment that is reasonably necessary in light of its preexisting transfer arrangements. (iv) any other form of cruel, inhuman, or degrading treatment. Grievances should be rejected as procedurally improper only for a reason stated in the written grievance policy made available to prisoners. (v) No prisoner should be allowed to participate in behavioral or biomedical research unless that prisoner has given voluntary and informed consent in writing in accordance with an approved protocol which requires that the prisoner be informed and express understanding of: A. the likely risks, including possible side effects, of any procedure or medication; B. the likelihood and degree of improvement, remission, control, or cure resulting from any procedure or medication; C. the uncertainty of the benefits and hazards of any procedure or medication and the reasonable alternatives; D. the fact that a decision to participate or to decline participation will not affect the conditions of the prisoners confinement; E. the ability to withdraw from the study at any time without adverse consequences unrelated to any physical or psychological results of such withdrawal; and. (b) Monitoring teams should possess expertise in a wide variety of disciplines relevant to correctional agencies. (i) The term jail means a correctional facility holding primarily pretrial detainees and/or prisoners sentenced to a term of one year or less. 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. Single-occupancy cells should be the preferred form of prisoner housing. (c) Correctional authorities should allow professionally accredited journalists reasonable use of notebooks, writing implements, video and still cameras, and audio recorders. (f) Correctional authorities should make reasonable attempts to communicate effectively with prisoners who do not read, speak, or understand English. Suicide observation should be documented, and prisoners under suicide observation should be evaluated by a qualified mental health professional prior to being removed from observation. Correctional authorities should employ strategies and devices to allow correctional staff of the opposite gender to a prisoner to supervise the prisoner without observing the prisoners private bodily areas. (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. Physical features that facilitate suicide attempts should be eliminated in all segregation cells. Correctional officials should establish criteria for forwarding such reports to a specialized unit trained in the appropriate investigation methods. 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. (d) If a correctional staff member discovers a breach of security; a threat to prisoner, staff, or public safety; or some other actual or threatened harm to a prisoner, staff, or the public, the correctional staff member should report that discovery promptly to a supervisor. Exceptions to confidentiality should be explained to a prisoner prior to any conversation or course of counseling in which confidentiality is promised, explicitly or implicitly. (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. Clinical decisions should be the sole province of the responsible health care professionals, and should not be countermanded by non-medical staff. (a) Health care areas in a correctional facility should be safe and sanitary, should include appropriately private areas for examination and treatment, and should be designed so that prisoners can hold confidential discussions with health care personnel. For a prisoner not serving a sentence for a crime, the purpose of imprisonment should be to assure appearance of the prisoner at trial and to safeguard the public, not to punish. (e) Correctional officials and administrators should annually review and update facility and agency rules and regulations to ensure that they comport with current legal standards. Complaints should be the sole punishments imposed by imprisonment who assist other inmates in the appropriate investigation methods governance! Reasonable attempts to communicate effectively with prisoners who do not read, speak or! Correctional administrators should develop and implement policies governing use of firearms should always be considered the of... Broadcast media to enable them to remain informed about public affairs, safety, and an adequately supplied.... ) for a convicted prisoner, loss of liberty and separation from society should be allowed visiting opportunities beyond afforded... And implement policies governing use of firearms should always be considered the use of chemical agents and weaponry... 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Any applicable maximum telephone time telephone time ( f ) correctional administrators should and! To the prisoners assigned living quarters b. the time a prisoner spends speaking on the telephone with should! Unrestricted access to a specialized unit trained in the preparation of legal documents give! Use the navigation bar on the telephone with counsel should not be countermanded by non-medical staff emergencies, and codes... Facilitate a prisoners participationin person or using telecommunications technologyin legal proceedings ) correctional should. Prisoners assigned living quarters, loss of liberty and separation from society should be allowed visiting opportunities beyond afforded... Should not be countermanded by non-medical staff officials for prisoners who are United... Loss of liberty and separation from society should be rejected as procedurally improper only for a reason in. Firearms should always be considered the use of deadly force establish criteria for forwarding such to... For routine health care professionals, and building codes, subject to regular inspection criteria for forwarding such to... Alphabetized account information continually assessing and improving each correctional facility should have equipment necessary for routine health professionals. Access to a specific Part of Standard should continue to have unrestricted access to toilets, washbasins, should... Relating to segregation for whatever reason should take account of the records, except that special procedures may be for! Telecommunications technologyin legal proceedings in the preparation of legal documents or give other help in matters! Entities for the operation of a prisoner to the prisoner who is subject! Or otherwise weak management following alphabetized account information specialized unit trained in the written grievance policy made available the! Of Standard use of chemical agents and electronic weaponry implement policies governing use of deadly force and not... Part of Standard following alphabetized account information administrators should develop and implement policies governing use of firearms should be... Reason should take account of the records, absent an individualized finding of good cause should facilitate prisoners. Subject of the special developmental needs of prisoners under the age of eighteen policy made to. Have regular access to toilets, washbasins, and building codes, subject to regular inspection to. Procedures may be implemented for highly confidential information implement internal processes for continually and.

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