(d) When appropriate for purposes of evaluation or treatment, correctional authorities should be permitted to separate from the general population prisoners diagnosed with mental illness, mental retardation, or other cognitive impairments who have difficulty conforming to the expectations of behavior for general population prisoners. (b) No prisoner under the age of eighteen should be housed in an adult correctional facility. A prisoner should be informed of the consequences for the prisoners parental rights of any arrangements contemplated. Governmental authorities should make every effort to house all prisoners in need of secure confinement in publicly operated correctional facilities. Correctional authorities should facilitate prisoners reintegration into free society by implementing appropriate conditions of confinement and by sustained planning for such reintegration. 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. 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. an officer conducts a hearing on the legality of the complaint after consulting state or federal legal counsel. Correctional officials should set forth any applicable restrictions in a written policy. (d) Correctional staff should be provided with safe and healthful working conditions. (d) A correctional agency should implement reasonable policies and procedures governing staff use of force against prisoners; these policies should establish a range of force options and explicitly prohibit the use of premature, unnecessary, or excessive force. Correctional authorities should evaluate reports of sexual assault or threats of sexual assault without regard to a prisoners sexual orientation, gender, or gender identity and should not be permitted to retaliate formally or informally against prisoners who make such reports. Canines should never be used for purposes of intimidation or control of a prisoner or prisoners. (v) At least every [90 days], a qualified mental health professional should perform a comprehensive mental health assessment of each prisoner in segregated housing unless a qualified mental health professional deems such assessment unnecessary in light of observations made pursuant to subdivisions (ii)-(iv). [Use the navigation bar on the left side to go to a specific Part of Standard. Restrictions placed on prisoners should be necessary and proportionate to the legitimate objectives for which those restrictions are imposed. (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. A correctional agency should develop a range of housing options for such prisoners, including high security housing; residential housing with various privilege levels dependent upon treatment and security assessments; and transition housing to facilitate placement in general population or release from custody. Grievances should be rejected as procedurally improper only for a reason stated in the written grievance policy made available to prisoners. 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. Such investigation should take place for every use of force incident that results in a death or major traumatic injury to a prisoner or to staff. (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. (c) Instead of isolating prisoners at risk of suicide, correctional authorities should ordinarily place such prisoners in housing areas that are designed to be suicide resistant and that allow staff a full and unobstructed view of the prisoners inside. Health care personnel should document any injuries sustained. (iv) the prisoner is dead, and disclosure is authorized by the prisoners next of kin or by the administrator of the prisoners estate if one has been appointed. (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. (d) A prisoner who files a lawsuit with respect to prison conditions but has not exhausted administrative remedies at the time the lawsuit is filed should be permitted to pursue the claim through the grievance process, with the lawsuit stayed for up to [90 days] pending the administrative processing of the claim, after which a prisoner who filed a grievance during the period of the stay should be allowed to proceed with the lawsuit without any procedural bar. Following any incident that involves a use of force against a prisoner, participants and witnesses should be interviewed or should file written statements. Preparation for re-entry should include assistance in locating housing, identifying and finding job opportunities, developing a resume and learning interviewing skills, debt counseling, and developing or resuming healthy family relationships. (f) Correctional administrators should routinely collect, analyze, and publish statistical information on agency operations including security incidents, sexual assaults, prisoner grievances, uses of force, health and safety, spending on programs and services, program participation and outcomes, staffing, and employee discipline. Correctional authorities should memorialize and facilitate review of uses of force. (g) The term correctional staff or staff means employees who have direct contact with prisoners, including both security and non-security personnel, and employees of other governmental or private organizations who work within a correctional facility. 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. (iv) assertions of a defense to any action brought against them. (j) The term prison means a correctional facility holding primarily prisoners sentenced to a term of at least one year. 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. Correctional authorities should inform prisoners that their conversations may be monitored, and should not monitor or record conversations for purposes of harassment or retaliation. Procedures should exist for identifying individual prisoners who did not participate in incidents that led to the lockdown and whose access to programs and movement within the facility may be safely restored prior to the termination of lockdown status. Prisoners should also have regular access to a variety of broadcast media to enable them to remain informed about public affairs. (a) Correctional authorities should provide prisoners living quarters of adequate size. (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. (a) Correctional officials should provide for the voluntary medically appropriate testing of all prisoners for widespread chronic and serious communicable diseases and for appropriate treatment, without restricting the availability of treatment based on criteria not directly related to the prisoners health. 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. 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. 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. /content/aba-cms-dotorg/en/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_treatmentprisoners. (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. Correctional facility policies should not significantly burden a prisoners ability to engage in a practice motivated by a sincerely held religious belief, even by imposition of a facially neutral rule or policy, absent a compelling institutional interest and a determination that there are no less restrictive means of furthering that interest. Correctional officials should not unreasonably delay the delivery of these legal documents. (f) Rules governing attorneys fees and their recovery should be the same for prisoners as for non-prisoners. (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. (v) be available to the prisoner who is the subject of the records, absent an individualized finding of good cause. Whenever practicable, a qualified health care professional should participate in efforts to avoid using four- or five-point restraints. (d) Visual searches of a prisoners private bodily areas, whether or not inspection includes the prisoners body cavities, should: (i) be conducted only by trained personnel in a private place out of the sight of other prisoners and of staff not involved in the search, except that a prisoner should be permitted to request that more than one staff member be present; and. (c) All prisoners placed in segregated housing should be provided with meaningful forms of mental, physical, and social stimulation. (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. (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. A facility that confines female prisoners should have on duty at all times adequate numbers of female staff to comply with Standard 23-7.10. The standard menu should not be varied for any prisoner without the prisoners consent, except that alternative food should be permitted for a limited period for a prisoner in segregated housing who has used food or food service equipment in a manner that is hazardous to the prisoner or others, provided that the food supplied is healthful, palatable, and meets basic nutritional requirements. Prisoners should continue to have unrestricted access to toilets, washbasins, and drinking water. 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