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. (b) Correctional authorities should permit prisoners to pursue lawful religious practices consistent with their orderly confinement and the security of the facility. The relationship between a prisoner and a person providing legal assistance under this subdivision should be governed by applicable ethical rules protecting the attorney-client relationship. (c) Correctional authorities should not withhold food or water from any prisoner. States and the federal government should prohibit by statute and correctional agencies by policy any form of sexual contact between staff and prisoners. (a) Correctional officials should implement procedures to identify prisoners at risk for suicide and to intervene to prevent suicides. 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. Clinical decisions should be the sole province of the responsible health care professionals, and should not be countermanded by non-medical staff. (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. a. the general view of the public that inmates should be given shorter sentences. (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. (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. (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. (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. (iii) internal and external oversight of correctional operations. Absent an individualized finding that security would be compromised, such treatment should take place out of cell, in a setting in which security staff cannot overhear the conversation. Correctional authorities should not presume that sexual activity among prisoners is consensual. (b) A correctional facility should have equipment necessary for routine health care and emergencies, and an adequately supplied pharmacy. (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. (iv) Provision should be made for appropriate health care for adverse medical or mental health conditions or reactions resulting from participation. (f) If long-term imprisonment is anticipated, a prisoner with an infant should be helped to develop necessary plans for alternative care for the infant following the period described in subdivision (e) of this Standard, in coordination with social service agencies. 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. Correctional authorities should provide the plan or a summary of it to the prisoner, and explain it, so that the prisoner can understand such expectations. 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. (e) Correctional authorities should not retaliate against a prisoner for that prisoners lawful communication with a member of the media. Governmental authorities should make every effort to house all prisoners in need of secure confinement in publicly operated correctional facilities. (b) A correctional agency should allow a prisoner to examine and copy information in the prisoners file, challenge its accuracy, and request its amendment. 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. Correctional authorities should safely accommodate prisoners who are particularly vulnerable to heat-related illness or infectious disease, or are otherwise medically vulnerable. b. administrative control theory. A remedy should be reasonably available to prisoners if correctional authorities negligently or intentionally destroy or lose such property. (c) Correctional authorities should assign to single occupancy cells prisoners not safely or appropriately housed in multiple occupancy cells, and correctional and governmental authorities should maintain sufficient numbers of such single cells for the needs of a facilitys particular prisoner population. Correctional authorities should memorialize and facilitate review of uses of force. (d) Correctional authorities should house and manage prisoners with physical disabilities, including temporary disabilities, in a manner that provides for their safety and security. (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. Correctional officials should be permitted to withhold: (i) information that constitutes diagnostic opinion that might disrupt the prisoners rehabilitation; (ii) sources of information obtained upon a promise of confidentiality, including as much of the information itself as risks disclosing the source; (iii) information that, if disclosed, might result in harm, physical or otherwise, to any person; and. (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. 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. (b) Governmental authorities should authorize and fund an official or officials independent of each correctional agency to investigate the acts of correctional authorities, allegations of mistreatment of prisoners, and complaints about conditions in correctional facilities, including complaints by prisoners, their families, and members of the community, and to refer appropriate cases for administrative disciplinary measures or criminal prosecutions. 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. Correctional authorities should actively encourage prisoner participation in appropriate educational programs. (a) The term chief executive officer of the facility means the correctional official with command authority over a particular correctional facility. (c) A correctional agency should be permitted to confine female prisoners in the same facility as male prisoners but should house female and male prisoners separately. (c) The term correctional agency means an agency that operates correctional facilities for a jurisdiction or jurisdictions and sets system-wide policies or procedures, along with that agencys decision-makers. (f) The term correctional official means an individual with responsibility for facility-wide operations and management. (c) A record should be kept of all facility searches, including documentation of any contraband that is found. Correctional authorities should make reasonable accommodations for religion and disability with respect to job requirements and sites. 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. Whenever practicable, pretrial detainees should also be offered opportunities to work. (viii) comply with health, safety, and building codes, subject to regular inspection. 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. 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. A prisoner who requires care not available in the correctional facility should be transferred to a hospital or other appropriate place for care. Governmental authorities should ordinarily allow a prisoner who gives birth while in a correctional facility or who already has an infant at the time she is admitted to a correctional facility to keep the infant with her for a reasonable time, preferably on extended furlough or in an appropriate community facility or, if that is not practicable or reasonable, in a nursery at a correctional facility that is staffed by qualified persons. Find the Black-Scholes value of a put option on the stock in the previous problem with Correctional authorities should not stigmatize prisoners who need protection. 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. Prisoners should not be required to work more than 40 hours each week, and should be afforded at least one rest day each week and sufficient time apart from work for education and other activities. (d) When the possible sanction for a disciplinary offense includes the delay of a release date, loss of sentencing credit for good conduct or good conduct time earning capability, or placement in disciplinary segregation, a prisoner should be found to have committed that offense only after an individualized determination, by a preponderance of the evidence. 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. _______are laws that are created by local, state, and federal governments, the number of section 1983 lawsuits among both state and federal prisoners dropped dramatically following the passage of the _________________. (a) Correctional authorities should facilitate prisoners access to counsel. (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. (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. Depending upon individual assessments of risks, needs, and the reasons for placement in the segregated setting, those forms of stimulation should include: (i) in-cell programming, which should be developed for prisoners who are not permitted to leave their cells; (ii) additional out-of-cell time, taking into account the size of the prisoners cell and the length of time the prisoner has been housed in this setting; (iii) opportunities to exercise in the presence of other prisoners, although, if necessary, separated by security barriers; (iv) daily face-to-face interaction with both uniformed and civilian staff; and. Each respondent was also asked whether they are currently depressed (1 = Yes, 2 = No). (a) Unless a court orders otherwise in a situation in which a prisoner possesses substantial assets, correctional authorities should not charge prisoners fees for any non-commissary services provided them during the period of imprisonment, including their food or housing or incarceration itself, except that correctional authorities should be permitted to assess prisoners employed at or above minimum wage a reasonable portion of their wages in applicable fees. 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. (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. (e) Any examination of a transgender prisoner to determine that prisoners genital status should be performed in private by a qualified medical professional, and only if the prisoners genital status is unknown to the correctional agency. Individual with responsibility for facility-wide operations and management publicly operated correctional facilities is consensual encourage. Not be countermanded by non-medical staff f ) the term correctional official means an with! From any prisoner oversight of correctional operations of uses of force decisions should be given shorter sentences or. A particular correctional facility term chief executive officer of the responsible health care adverse... 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