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. (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. Prisoners should receive credit against any disciplinary sentence for time served in prehearing confinement if prehearing conditions were substantially similar to conditions in disciplinary segregation. Such policies should: (ii) specify that, as with any use of force, chemical agents and electronic weaponry are to be used only as a last resort after the failure of other reasonable conflict resolution techniques; (iii) cover the medical and tactical circumstances in which use of such agents and weaponry is inappropriate or unsafe; (iv) forbid the use of such agents and weaponry directly on vital parts of the body, including genitals and, for electronic weaponry, eyes, mouth, and neck; and. (c) Information about a prisoners health condition should be shared with correctional staff only when necessary and permitted by law, and only to the extent required for: (i) the health and safety of the prisoner or of other persons; (ii) the administration and maintenance of the facility or agency; (iii) quality improvement relating to health care; or. (c) Correctional authorities should implement policies and practices to enable a prisoners confidential contact and communication with counsel that incorporate the following provisions: (i) For letters or other documents sent or passed between counsel and a prisoner: A. correctional authorities should not read the letter or document, and should search only for physical contraband; and. Living conditions for a correctional agencys female prisoners should be essentially equal to those of the agencys male prisoners, as should security and programming. (ix) prompt review of the classification committees decision by correctional administrators. 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. (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. Each prisoner should receive a comprehensive medical and mental health assessment by qualified medical and mental health professionals no later than [14 days] after admission to a correctional facility, and a comprehensive medical assessment periodically thereafter, which should include mental health screening. (d) Correctional administrators and officials should seek accreditation of their facilities and certification of staff from national organizations whose standards reflect best practices in corrections or in correctional sub-specialties. (g) A record should be kept documenting any digital or instrumental anal or vaginal cavity search and any other body search in which property is confiscated. (a) Involuntary mental health treatment of a prisoner should be permitted only if the prisoner is suffering from a serious mental illness, non-treatment poses a significant risk of serious harm to the prisoner or others, and no less intrusive alternative is reasonably available. (c) Correctional officials should establish and publicize the means by which prisoners and others may easily and confidentially report to any staff member or appropriate outside entity a sexual assault or pressure to engage in sexual acts, sexual contact or exploitation involving a prisoner and staff, or the fear of such conduct. (g) If correctional authorities assign a prisoner to protective custody, such a prisoner should be: (i) housed in the least restrictive environment practicable, in segregated housing only if necessary, and in no case in a setting that is used for disciplinary housing; (ii) allowed all of the items usually authorized for general population prisoners; (iii) provided opportunities to participate in programming and work as described in Standards 23-8.2 and 8.4; and. (b) 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. (c) A record should be kept of all facility searches, including documentation of any contraband that is found. The agency should implement a system to monitor compliance with the contract, and to hold the contracted provider accountable for any deficiencies. (a) Correctional authorities should not place prisoners in segregated housing except for reasons relating to: discipline, security, ongoing investigation of misconduct or crime, protection from harm, medical care, or mental health care. (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. (b) A prisoner with a criminal charge or removal action pending should be housed in a correctional facility sufficiently near the courthouse where the case will be heard that the preparation of the prisoners defense is not unreasonably impaired. Correctional policies regarding electronic communication by prisoners should consider public safety, institutional security, and prisoners interest in ready communication. (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. (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. 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. The evaluation process should include mechanisms by which prisoners can provide both positive and negative comments about their care. To the extent practicable, continually operating stationary video cameras should be used in areas in which uses of force are particularly likely, such as intake areas, segregation, and mental health units. (a) Correctional authorities should facilitate prisoners access to counsel. A prisoner diagnosed with gender identity disorder should be offered appropriate treatment. (c) Correctional authorities should not withhold food or water from any prisoner. (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. (c) Governmental authorities should facilitate access to abortion services for a prisoner who decides to exercise her right to an abortion, as that right is defined by state and federal law, through prompt scheduling of the procedure upon request and through the provision of transportation to a facility providing such services. (e) For a convicted prisoner, loss of liberty and separation from society should be the sole punishments imposed by imprisonment. (a) Governmental authorities should enact legislation to implement and fund compliance with these Standards. Correctional staff, health care staff, and the researchers should promptly report all adverse events involving prisoner study subjects to the institutional review boards chair and the prisoners advocate. (e) Correctional officials should encourage and accommodate visits by judges and lawmakers and by members of faith-based groups, the business community, institutions of higher learning, and other groups interested in correctional issues. Any such search should be conducted by a trained health care professional who does not have a provider-patient relationship with the prisoner, and should be conducted in a private area devoted to the provision of medical care and out of the sight of others, except that a prisoner should be permitted to request that more than one staff member be present. A prisoner who requires care not available in the correctional facility should be transferred to a hospital or other appropriate place for care. (k) The term prisoner means any person incarcerated in a correctional facility. the carrying out of retributive punishments to deter future criminal acts. 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. (b) After consultation with each prisoner, correctional authorities should develop an individualized programming plan for the prisoner, in accordance with which correctional authorities should give each prisoner access to appropriate programs, including educational opportunities, mental health and substance abuse treatment and counseling, vocational and job readiness training, personal financial responsibility training, parenting skills, relationship skills, cognitive or behavioral programming, and other programs designed to promote good behavior in the facility and reduce recidivism. 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