(d) At a minimum, prisoners presenting a serious risk of suicide should be housed within sight of staff and observed by staff, face-to-face, at irregular intervals of no more than 15 minutes. (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. A correctional facility should be subject to the same enforcement penalties and procedures, including abatement procedures for noncompliance, as are applicable to other institutions. (c) Correctional authorities should allow professionally accredited journalists reasonable use of notebooks, writing implements, video and still cameras, and audio recorders. Food should be prepared, maintained, and served at the appropriate temperatures and under sanitary conditions. (c) Subject to the restrictions in Standard 23-8.6, correctional authorities should allow prisoners to produce works of artistic expression and to submit for publication books, articles, creative writing, art, or other contributions to media outside the facility under their own names. (b) When the initial screening pursuant to Standard 23-2.1 or any subsequent observation identifies a risk of suicide, the prisoner should be placed in a safe setting and promptly evaluated by a qualified mental health professional, who should determine the degree of risk, appropriate level of ongoing supervision, and appropriate course of mental health treatment. 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. (b) When practicable, correctional authorities should prevent prisoners from observing searches and shakedowns of other prisoners cells and property. (d) Prior to involuntary mental health treatment of a prisoner with a serious mental illness, the prisoner should be afforded, at a minimum, the procedural protections specified in subdivision (b) of this Standard for involuntary mental health transfers, except that: (i) decision-making in the first instance and on appeal should be by a judicial or administrative hearing officer independent of the correctional agency, or by an neutral committee that includes at least one qualified mental health professional and that may include appropriate correctional agency staff, but does not include any health care professional responsible for treating or referring the prisoner for transfer; (ii) the notice should set forth the mental health staffs diagnosis and basis for the proposed treatment, a description of the proposed treatmentincluding, where relevant, the medication name and dosageand the less-intrusive alternatives considered and rejected; 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. (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. 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. (d) The term correctional authorities means all correctional staff, officials, and administrators. A contracting agency should make provision for on-site monitoring of each location to which prisoners are sent. (c) Correctional administrators and officials should strive to employ a work force at each correctional facility that reasonably reflects the racial and ethnic demographics of the prisoner population by engaging in outreach and recruiting efforts to increase the pool of qualified applicants from underrepresented groups and by implementing appropriate retention policies. (iv) fire alarms and other forms of emergency notification that communicate effectively with prisoners with hearing or vision impairments. 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. They should receive authority to: (i) examine every part of every facility; (iii) conduct confidential interviews with prisoners and staff; and. (l) The term counsel means retained or prospectively retained attorneys, or others sponsored by an attorney such as paralegals, investigators, and law students. This work (Criminal Justice Standards) may be used for non-profit educational and training purposes and legal reform (legislative, judicial, and executive) without written permission but with a citation to this source. The prisoner should be given written documentation of this information. (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. (iii) For telephonic contact between counsel and their clients: A. correctional officials should implement procedures to enable confidential telephonic contact between counsel and a prisoner who is a client, prospective client, or witness, subject to reasonable regulations, and should not monitor or record properly placed telephone conversations between counsel and such a prisoner; 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. (d) Governmental authorities should prepare a financial and correctional impact statement to accompany any proposed criminal justice legislation that would affect the size, demographics, or requirements of the jurisdictions prison and jail populations, and should periodically assess the extent to which criminal justice legislation is achieving positive results. 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. (c) Correctional authorities should not withhold food or water from any prisoner. (f) Prisoners should be provided basic educational materials relating to disease prevention, good health, hygiene, and proper usage of medication. (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. (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. (c) Correctional authorities should prevent co-mingling of restrained and unrestrained prisoners either in a correctional facility or during transport. 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. 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. (c) In an emergency situation requiring the immediate involuntary transfer of a prisoner with serious mental illness to a dedicated mental health facility because of a serious and imminent risk to the safety of the prisoner or others, the chief executive of a correctional facility should be authorized to order such a transfer, but the procedural protections set out in subdivision (b) of this Standard should be provided within [7 days] after the transfer. (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. (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. (f) Except in an emergency, force should not be used unless authorized by a supervisory officer. If correctional officials elect to require use of a particular grievance form, correctional authorities should make forms and writing implements readily available and should allow a grievant to proceed without using the designated form if it was not readily available to that prisoner. (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. Reasonable steps should be taken during movement to protect restrained prisoners from accidental injury. When the use of a specific aid believed reasonably necessary by a qualified medical professional is deemed inappropriate for security or safety reasons, correctional authorities should consider alternatives to meet the health needs of the prisoner. 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. (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. Copies of the rules and handbook in the languages a facilitys prisoners understand should also be available in areas of the facility readily accessible to prisoners, including libraries. (c) Pat-down searches and other clothed body searches should be brief and avoid unnecessary force, embarrassment, and indignity to the prisoner. The contract should state its duration and scope positively and definitely; incorporate professional standards and require the provider to meet these Standards; incorporate terms governing the appropriate treatment of prisoners, conditions of facilities, and provisions for oversight; and provide a continuum of sanctions for noncompliance including immediate termination of the contract on terms with no financial detriment for the government agency. Correctional authorities should inform prisoners that their conversations may be monitored, and should not monitor or record conversations for purposes of harassment or retaliation. (c) No disciplinary sanction should ever be administered by other prisoners, even under the direction of correctional authorities. 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. Modifications are not required if they would pose an undue burden to the facility, cause a fundamental alteration to a program, or pose a direct threat of substantial harm to the health and safety of the prisoner or others. (ii) Research studies should not be the sole avenue for prisoners to receive standard treatment for any medical or mental health condition. (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. (iii) Weekly, a qualified mental health professional should observe and seek to talk with each prisoner. (c) Correctional officials should require all correctional staff arrested or charged with a misdemeanor or felony to report that fact promptly. (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. (k) If governmental authorities elect to furnish prisoners any services by contracting with private providers, those contracted services should comply with these Standards, and the correctional agency should monitor and ensure such compliance, and should be held accountable for doing so. (c) A record should be kept of all facility searches, including documentation of any contraband that is found. F. the contact information for a person to whom questions about the study can be posed and problems reported. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints. 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. (i) Governmental authorities should not exempt correctional agencies from their jurisdictions Administrative Procedure Act, Freedom of Information Act, or Public Records Act. Correctional authorities should actively encourage prisoner participation in appropriate educational programs. No prisoner should be subjected to cruel, inhuman, or degrading treatment or conditions. Prisoners should also be permitted to purchase hygiene supplies in a commissary. (a) Governmental authorities should enact legislation to implement and fund compliance with these Standards. (g) Any jurisdiction that enters into a contract with a private corporation or entity for the operation of a correctional facility should implement procedures to monitor compliance with that contract systematically, regularly, and using a variety of on- and off-site monitoring techniques, including reviewing files and records, physically inspecting the facility, and interviewing staff and prisoners. A correctional agency should provide community-based transitional facilities to assist in this reintegration process. (a) Correctional authorities should provide each prisoner an adequate amount of nutritious, healthful, and palatable food, including at least one hot meal daily. (g) If practicable, staff should seek intervention and advice from a qualified mental health professional prior to a planned or predictable use of force against a prisoner who has a history of mental illness or who is exhibiting behaviors commonly associated with mental illness. (c) All prisoners placed in segregated housing should be provided with meaningful forms of mental, physical, and social stimulation. (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. Segregated housing should be for the briefest term and under the least restrictive conditions practicable and consistent with the rationale for placement and with the progress achieved by the prisoner. Grievances should be rejected as procedurally improper only for a reason stated in the written grievance policy made available to prisoners. (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. (e) Correctional authorities should not read, censor, alter, or destroy a prisoners legal materials. (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. The ____________ is a prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management. At all times within a correctional facility or during transport, at least one staff member of the same gender as supervised prisoners should share control of the prisoners. (f) A correctional facility should be appropriately staffed. (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. (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. (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. (j) The term prison means a correctional facility holding primarily prisoners sentenced to a term of at least one year. 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. (b) Correctional officials should be permitted to require that prior to publication of an internal newspaper all material be submitted for review by a designated official, and to prohibit the publication or dissemination of material that is obscene or that constitutes a substantial threat to institutional security or order or to the safety of any person. (f) Correctional officials should not use a lockdown to substitute for disciplinary sanctions or for reclassification of prisoners. (o) The term long-term segregated housing means segregated housing that is expected to extend or does extend for a period of time exceeding 30 days. In addition, the prisoner should be afforded, at a minimum, the following procedural protections: (i) at least 24 hours in advance of any hearing, written and effective notice of the actions alleged to have been committed, the rule alleged to have been violated by those actions, and the prisoners rights under this Standard; (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 documentary and physical evidence; (vi) if the decision-maker determines that a prisoner is unable to prepare and present evidence and arguments effectively on his or her own behalf, counsel or some other advocate for the prisoner, including a member of the correctional staff or another prisoner with suitable capabilities; (vii) an independent determination by the decision-maker of the reliability and credibility of any confidential informants; (viii) a written statement setting forth the evidence relied on and the reasons for the decision and the sanction imposed, rendered promptly but no later than [5 days] after conclusion of the hearing except in exceptional circumstances where good cause for the delay exists; and. (d) Correctional administrators and officials should provide training to volunteers about how to avoid and report inappropriate conduct. 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. Correctional authorities should prepare a complete file for the chief executive officer of the facility, including a report, any recordings, and written statements and medical reports for both prisoners and staff. (b) Correctional authorities should make appropriate accommodations for prisoners with special dietary needs for reasons of health or age. If public transportation to a correctional facility is not available, correctional officials should work with transportation authorities to facilitate the provision of such transportation. B. Commissions and other revenue from telephone service should not subsidize non-telephone prison programs or other public expenses. At a minimum, a prisoner who has begun or completed the medical process of gender reassignment prior to admission to a correctional facility should be offered treatment necessary to maintain the prisoner at the stage of transition reached at the time of admission, unless a qualified health care professional determines that such treatment is medically inadvisable for the prisoner. Correctional authorities should offer high school equivalency classes, post-secondary education, apprenticeships, and similar programs designed to facilitate re-entry into the workforce upon release. (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. (a) Correctional authorities should protect prisoners from physical injury, corporal punishment, sexual assault, extortion, harassment, and personal abuse, among other harms. 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. (c) A correctional facility should maintain order and should protect prisoners from harm from other prisoners and staff. Officials should provide a clear rationale in writing for any censorship decision, and should afford prisoners a timely opportunity to appeal the decision to a correctional administrator. (d) Correctional authorities should not require prisoners to engage in religious activities or programs. When any property is confiscated, the prisoner should be given written documentation of this information. In February 2010, the ABA House of Delegates approved a set of ABA Criminal Justice Standards on Treatment of Prisoners. (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. Correctional authorities carrying firearms should not be assigned to positions that are accessible to prisoners or in which they come into direct contact with prisoners, except during transport or supervision of prisoners outside the secure perimeter, or in emergency situations. (xi) preventing idleness by providing constructive activities for all prisoners as provided in Standards 23-8.2 and 23-8.4. 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. 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. 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. (g) Correctional administrators and officials should evaluate short and long-term outcomes of programs provided to prisoners and, where permitted by applicable law, should make the evaluations and any underlying aggregated data available upon request to researchers, investigators, and media representatives. They should have opportunities to make suggestions and express concerns, develop innovative practices, and contribute to the agencys institutional planning process. (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. (d) When practicable, before using either chemical agents or electronic weaponry against a prisoner, staff should determine whether the prisoner has any contraindicating medical conditions, including mental illness and intoxication, and make a contemporaneous record of this determination. (b) Prisoners should not be charged fees for necessary health care. If correctional authorities have a reasonable suspicion that a prisoners legal materials contain non-legal material that violates written policy, they should be permitted to read the materials only to the extent necessary to determine whether they are legal in nature.

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