in regard to an inmates 1st amendment, _____________ requires that a regulation provide a reasonable method of advancing a legitimate institutional goal. (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. Each prisoner should have or be provided with transportation to the prisoners reasonable destination and with contact information for all relevant community service providers. the first successful prisoners rights cases of the 1970s involved: In _______, the U.S. supreme court ruled that while the death penalty was constitutional, the way it was used constituted "cruel and unusual" punishment. (b) A correctional agency should allow a prisoner to examine and copy information in the prisoners file, challenge its accuracy, and request its amendment. Restrictions placed on prisoners should be necessary and proportionate to the legitimate objectives for which those restrictions are imposed. (d) The time, place, and manner of media visits should be reasonably regulated to preserve the privacy and dignity of prisoners and the security and order of the facility. (d) When a prisoner dies, correctional officials should promptly notify the jurisdictions medical examiner of the death and its circumstances; the medical examiner should decide whether an autopsy should be conducted. (j) Governmental authorities should provide sufficient resources to implement these Standards. C. If a contractor is delegated the authority to classify prisoners, the classification system and instrument should be approved and individual classification decisions reviewed by the contracting agency. Physical features that facilitate suicide attempts should be eliminated in all segregation cells. The agency should implement a system to monitor compliance with the contract, and to hold the contracted provider accountable for any deficiencies. (g) If it is necessary for correctional authorities to apply four- or five-point restraints without participation of a qualified health care professional because the situation is an emergency and health care staff are not available, a qualified health care professional should review the situation a s soon as possible and assess whether such restraints are appropriate. (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. (iii) as a last alternative after other reasonable efforts to resolve the situation have failed. Placement and programming assignments for such a prisoner should be reassessed at least twice each year to review any threats to safety experienced by the prisoner. 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. (g) Correctional officials should implement internal processes for continually assessing and improving each correctional facility. (c) Correctional authorities should prevent co-mingling of restrained and unrestrained prisoners either in a correctional facility or during transport. (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. 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. (d) The location and storage of firearms should be strictly regulated. A correctional facility should store all prescription drugs safely and under the control and supervision of the physician in charge of the facilitys health care program. 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. 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. jailhouse lawyers. 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. (c) A correctional facility should maintain order and should protect prisoners from harm from other prisoners and staff. (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. Prisoners should also have regular access to a variety of broadcast media to enable them to remain informed about public affairs. 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. (b) Informal resolution of minor disciplinary violations should be encouraged provided that prisoners have notice of the range of sanctions that may be imposed as a result of such an informal resolution, those sanctions are only minimally restrictive, and the imposition of a sanction is recorded and subject to prompt review by supervisory correctional staff, ordinarily on the same day. They should have opportunities to make suggestions and express concerns, develop innovative practices, and contribute to the agencys institutional planning process. (b) The term correctional administrator means an individual with responsibility for system-wide operations and management. Medical Terminology Quiz 9 (Chapter 14&16) Wo, Anderson's Business Law and the Legal Environment, Comprehensive Volume, David Twomey, Marianne Jennings, Stephanie Greene, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson, Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman, Arthur Getis, Daniel Montello, Mark Bjelland. Correctional authorities should take steps necessary to protect the prisoner from further sexual assaults, contacts, or exploitation. (iii) the de novo hearing held every [6 months] should decide whether to continue or modify any involuntary treatment, and in reaching that decision should consider, in addition to other relevant evidence, evidence of side effects. (d) A correctional facility should have or provide adequate access to a library for the use of all prisoners, adequately stocked with a wide range of both recreational and educational resources, books, current newspapers, and other periodicals. Correctional officials should be permitted to impose reasonable page limits and limitations on receipt of bound materials from sources other than their publisher, but should not require that items be mailed using particular rates or particular means of payment. (c) When federal or state law authorizes a governmental or non-governmental agency or organization to conduct an investigation relating to a correctional facility, correctional officials should allow that agency or organization convenient and complete access to the facility and should cooperate fully in the investigation. A prisoner diagnosed with gender identity disorder should be offered appropriate treatment. 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. (c) Any accommodation made to address the special needs or risks of a prisoner with a communicable disease should not unnecessarily reveal that prisoners health condition. 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. 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. In Wolff vs. McDonnell (1974) the court created four legal procedures to enhance the protection of an inmate who has been accused of a serious prison violation. (e) Correctional authorities should allow prisoners to follow religiously motivated modes of dress or appearance, including wearing religious clothing, headgear, jewelry, and other symbols, subject to the need to maintain security and to identify prisoners. No prisoner should be subjected to cruel, inhuman, or degrading treatment or conditions. Established professional standards should serve as the basis for an agencys operating policies and procedures. 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. (f) A prisoner should be allowed to prepare, receive, and send legal documents to courts, counsel, and public officials. (a) Deadly force means force that creates or is intended to create a substantial risk of death or serious bodily harm. A remedy should be reasonably available to prisoners if correctional authorities negligently or intentionally destroy or lose such property. 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. If the assessment indicates the presence of a serious mental illness, or a history of serious mental illness and decompensation in segregated settings, the prisoner should be placed in an environment where appropriate treatment can occur. (b) Correctional authorities should provide each prisoner, at a minimum, with a bed and mattress off the floor, a writing area and seating, an individual secure storage compartment sufficient in size to hold personal belongings and legal papers, a source of natural light, and light sufficient to permit reading. (b) Correctional authorities should allow prisoners to receive or access magazines, soft- or hard-cover books, newspapers, and other written materials, including documents printed from the Internet, subject to the restrictions in subdivisions (c) and (d) of this Standard. Such an officer should be called to the scene whenever force is used, to direct and observe but ordinarily not to participate in the physical application of force, and should not leave the scene until the incident has come to an end. (e) Governmental authorities should allow a prisoner to engage counsel of the prisoners choice when the prisoner is able to do so. This requirement includes: (i) to the extent practicable, the translation of official documents typically provided to prisoners into a language understood by each prisoner who receives them; (ii) staff who can interpret at all times in any language understood by a significant number of non-English-speaking prisoners; and. Correctional officials should allow reasonable participation by members of the general public in authorized meetings or activities of such organizations, provided the safety of the public or the security or safety of persons within the facility are not thereby jeopardized. (b) Correctional officials should provide prisoners opportunities to make suggestions to improve correctional programs and conditions. A written translation in a language the prisoner understands should be provided within a reasonable period of time to each literate prisoner who does not understand English. (b) Correctional officials should implement a protocol for identifying and managing prisoners whose behavior is indicative of mental illness, mental retardation, or other cognitive impairments. (a) Governmental and correctional authorities should facilitate programs that allow crime victims to speak to groups of prisoners, and, at the request of a crime victim and with the consent of the prisoner, appropriate meetings or mediation between prisoners and their victims. 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. (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. Correctional authorities should be permitted to subject all visitors to nonintrusive types of body searches such as pat-down and metal-detector-aided searches, and to search property visitors bring inside a correctional facility. (b) Correctional officials should implement visitation policies that assist prisoners in maintaining and developing healthy family relationships by: (i) providing sufficient and appropriate space and facilities for visiting; (ii) establishing reasonable visiting hours that are convenient and suitable for visitors, including time on weekends, evenings, and holidays; and. (c) The handbook should contain specific criteria and procedures for discipline and classification decisions, including decisions involving security status and work and housing assignments. (h) A correctional facility should be monitored and regularly inspected by independent government entities. 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) Correctional administrators should require staff to participate in a comprehensive pre-service training program, a regular program of in-service training, and specialized training when appropriate. over the past several decades, inmates have pursued rights guaranteed in the US constitution by filing section _____ petitions in US federal courts. Correctional officials should allow a prisoner not receiving home furloughs to have extended visits with the prisoners family in suitable settings, absent an individualized determination that such an extended visit would pose a threat to safety or security. (a) Each correctional agency should employ or contract with a sufficient number of qualified medical, dental, and mental health professionals at each correctional facility to render preventive, routine, urgent, and emergency health care in a timely manner consistent with accepted health care practice and standards. up until the 1960s the U.S. federal court system practiced a________ policy with respect to corrections; ultimately giving more power and discretion back to individual states correctional systems. (d) Courts should have the same equitable authority in cases involving challenges to conditions of confinement as in other civil rights cases. (a) Correctional authorities should implement a system that allows each prisoner, regardless of security classification, to communicate health care needs in a timely and confidential manner to qualified health care professionals, who should evaluate the situation and assess its urgency. (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. 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. Except in highly unusual circumstances in which a prisoner poses an imminent threat of serious bodily harm, staff should not use types of force that carry a high risk of injury, such as punches, kicks, or strikes to the head, neck, face, or groin. Whenever practicable, a qualified health care professional should participate in efforts to avoid using four- or five-point restraints. (d) There should be no adverse consequences, such as loss of sentencing credit for good conduct, discipline, or denial of parole, for a prisoner who is unable to participate in employment, educational opportunities, or programming due to a disability or other special needs that cannot be accommodated. (d) Prisoners employed by a correctional facility should be compensated in order to create incentives that encourage work habits and attitudes suitable for post-release employment. the prisoner has the right to a hearing before a felony trial judge. Disabled prisoners access to facilities, programs, services, or activities should be provided in the most integrated setting appropriate. (a) Subject to the provisions of this Standard, prisoners should not be prohibited from participating in therapeutic behavioral or biomedical research if the potential benefits to prisoners outweigh the risks involved. Cut-down tools should be readily available to security personnel, who should be trained in first aid and cardiopulmonary resuscitation, cut-down techniques, and emergency notification procedures. 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. 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