In their interactions with prisoners, they should model fair, respectful, and constructive behavior; engage in preventive problem-solving; and rely upon effective communication. (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. A contracting agency should make provision for on-site monitoring of each location to which prisoners are sent. (a) Correctional authorities should provide each prisoner an adequate amount of nutritious, healthful, and palatable food, including at least one hot meal daily. This Standards can also be purchased in a book format. (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. 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. (c) If a classification decision has an impact on a prisoners release date or ability to participate in facility programs, correctional authorities should provide the prisoner an opportunity to request reconsideration and at least one level of appeal. (e) Correctional authorities, including health care staff, should not reveal information about any incident of prisoner sexual abuse to any person, except to other staff or law enforcement personnel who need to know about the incident in order to make treatment, investigation, or other security or management decisions, or to appropriate external oversight officials or agencies. (a) Independent governmental bodies responsible for such matters as fire safety, sanitation, environmental quality, food safety, education, and health should regulate, inspect, and enforce regulations in a correctional facility. Complaints of dental pain should be referred to a qualified dental professional, and necessary treatment begun promptly. A competent prisoner who refuses food should not be force-fed except pursuant to a court order. (d) Correctional authorities should review the classification of a prisoner housed in a prison at least every [12 months], and the classification of a prisoner housed in a jail at least every [90 days]. In addition to the limitations itemized in Standard 23-3.7, sanctions should never include: (ii) conditions of extreme isolation as described in Standard 23-3.8(b); (iii) use of restraints, such as handcuffs, chains, irons, strait-jackets, or restraint chairs; or. (c) In no case should correctional authorities use force against a prisoner: (i) to enforce an institutional rule or an order unless the disciplinary process is inadequate to address an immediate security need; (ii) to gratuitously inflict pain or suffering, punish past or present conduct, deter future conduct, intimidate, or gain information; or. Substantial educational or rehabilitative programs can substitute for employment of the same duration. In a prison, the chief executive officer is the person usually termed the warden; in a jail, the chief executive officer might be a sheriff, or might have a title such as superintendent, jailer, or commander. No prisoner should have access to any other prisoners health care records. (b) A prisoner should not be separated from the general population or denied programmatic opportunities based solely on the prisoners offense or sentence, except that separate housing areas should be permissible for prisoners under sentence of death. (a) Correctional authorities should recognize and respect prisoners freedom of religion. (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. (c) Correctional authorities should prevent co-mingling of restrained and unrestrained prisoners either in a correctional facility or during transport. Correctional authorities should take steps necessary to protect the prisoner from further sexual assaults, contacts, or exploitation. (e) For a convicted prisoner, loss of liberty and separation from society should be the sole punishments imposed by imprisonment. (b) Correctional authorities should protect all prisoners from any sexual contact with or sexual exploitation by staff, including volunteers and employees of other governmental or private organizations who work in the correctional facility. (c) Restrictions relating to a prisoners programming or other privileges, whether as a disciplinary sanction or otherwise, should be permitted to reduce, but not to eliminate, a prisoners: (i) access to items of personal care and hygiene; (ii) opportunities to take regular showers; (iii) personal visitation privileges, but suspension of such visits should be for no more than [30 days]; (iv) opportunities for physical exercise; (v) opportunities to speak with other persons; (vi) religious observance in accordance with Standard 23-7.3; and. Health care personnel should document any injuries sustained. (c) No disciplinary sanction should ever be administered by other prisoners, even under the direction of correctional authorities. (f) Correctional officials should implement a system to facilitate the return to lower levels of custody of prisoners housed in long-term segregated housing. (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. (b) Conditions of extreme isolation should not be allowed regardless of the reasons for a prisoners separation from the general population. (h) Except in an emergency, such as a natural disaster, no prisoner of a state or local correctional agency should be sent out of state to a private facility pursuant to a contract unless there has been an individualized determination that security of the system or the prisoner requires it, or that the prisoner and the prisoners individualized programming plan and individualized re-entry plan will not be significantly adversely affected by the move. For a prisoner not serving a sentence for a crime, the purpose of imprisonment should be to assure appearance of the prisoner at trial and to safeguard the public, not to punish. Such a prisoner should have the opportunity to earn an equal amount of good conduct time credit for participating in alternative activities. Physical restraints should be used only as a last resort and their use should comply with the limitations in Standard 23-5.9. (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. (a) Governmental officials should ensure that each sentenced prisoner confined for more than [6 months] spends a reasonable part of the final portion of the term of imprisonment under conditions that afford the prisoner a reasonable opportunity to adjust to and prepare for re-entry into the community. 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. (d) Correctional authorities should be permitted to reasonably restrict, but not eliminate, counsel visits, clergy visits, and written communication if a prisoner has engaged in misconduct directly related to such visits or communications. Prescription drugs should be distributed in a timely and confidential manner. Prisoners whose health or institutional adjustment would otherwise be adversely affected should be provided with medical prosthetic devices or other impairment-related aids, such as eyeglasses, hearing aids, or wheelchairs, except when there has been an individualized finding that such an aid would be inconsistent with security or safety. No prisoner should be subjected to cruel, inhuman, or degrading treatment or conditions. 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. (d) Correctional officials should minimize technical requirements for grievances and should allow prisoners to initiate the grievance process by describing briefly the nature of the complaint and the remedy sought. For purposes of this subdivision, a prisoner in custody for transit to or from a secure correctional facility is considered to be within the perimeter of such facility. Find the Black-Scholes value of a put option on the stock in the previous problem with A prisoner who lacks the capacity to make decisions consenting or withholding consent to care should have a surrogate decision-maker designated according to applicable law, although that decision-makers consent should not substitute for the protections specified in Standard 23-6.15. Any prisoner in segregated housing who develops serious mental illness should be placed in an environment where appropriate treatment can occur. 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. Specialized equipment may be required in larger facilities and those serving prisoners with special medical needs. (b) Correctional agency policies and procedures should authorize the use of deadly force only by security personnel trained in the use of deadly force, and only in a situation when correctional authorities reasonably believe that deadly force is necessary to prevent imminent death or serious bodily harm or to prevent an escape from a secure correctional facility, subject to the qualification in subdivision (c) of this Standard. The record should identify the circumstances of the search, the persons conducting the search, any staff who are witnesses, and any confiscated materials. (m) The term effective notice means notice in a language understood by the prisoner who receives the notice; if that prisoner is unable to read, effective notice requires correctional staff to read and explain the relevant information, using an interpreter if necessary. Physical features that facilitate suicide attempts should be eliminated in all segregation cells. (c) Prisoners should not be required to demonstrate a physical injury in order to recover for mental or emotional injuries caused by cruel and unusual punishment or other illegal conduct. (a) A correctional agency should ensure each prisoners continuity of care, including with respect to medication, upon entry into the correctional system, during confinement and transportation, during and after transfer between facilities, and upon release. States and the federal government should prohibit by statute and correctional agencies by policy any form of sexual contact between staff and prisoners. (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. (c) Hospitals and infirmaries operated by or within correctional facilities should meet the licensing standards applicable to similar, non-prison hospitals or infirmaries. (ii) be permitted only upon individualized reasonable suspicion that the prisoner is carrying contraband, unless the prisoner has recently had an opportunity to obtain contraband, as upon admission to the facility, upon return from outside the facility or a work assignment in which the prisoner has had access to materials that could present a security risk to the facility, after a contact visit, or when the prisoner has otherwise had contact with a member of the general public; provided that a strip search should not be permitted without individualized reasonable suspicion when the prisoner is an arrestee charged with a minor offense not involving drugs or violence and the proposed strip search is upon the prisoners admission to a correctional facility or before the prisoners placement in a housing unit. However, force does not include a firm hold, or use of hand or leg restraints, or fitting of a stun belt, on an unresisting prisoner. Prepare an unadjusted trial balance, in correct format, from the following alphabetized account information. A final determination of serious misconduct involving a prisoner should result in termination of the employment of the staff member and should be reported to relevant law enforcement and licensing agencies. (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. (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. 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. (c) Correctional authorities should provide sufficient access to showers at an appropriate temperature to enable each prisoner to shower as frequently as necessary to maintain general hygiene. (a) Correctional administrators and officials should promulgate clear written rules for prisoner conduct, including specific definitions of disciplinary offenses, examples of conduct that constitute each type of offense, and a schedule indicating the minimum and maximum possible punishment for each offense. (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. Correctional policies regarding electronic communication by prisoners should consider public safety, institutional security, and prisoners interest in ready communication. 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. (a) Correctional authorities should be permitted to physically separate prisoners in segregated housing from other prisoners but should not deprive them of those items or services necessary for the maintenance of psychological and physical wellbeing. (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. (b) Correctional authorities should provide prisoners with hearing or speech impairments ready access to telecommunications devices for the deaf or comparable equipment and to telephones with volume control, and should facilitate prisoners telephonic communication with persons in the community who have such disabilities. As the situation improves, privileges and activities for the affected area should be progressively increased. (a) A pregnant prisoner should receive necessary prenatal and postpartum care and treatment, including an adequate diet, clothing, appropriate accommodations relating to bed assignment and housing area temperature, and childbirth and infant care education. (b) Upon a prisoners entry to a correctional facility, correctional authorities should provide the prisoner a personal copy of the rules for prisoner conduct and an informational handbook written in plain language. Correctional authorities should be permitted to summarize or redact information provided to the prisoner if it was obtained under a promise of confidentiality or if its disclosure could harm the prisoner or others or would not serve the best treatment interests of the prisoner. 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) Medical treatment and testing, and psychological counseling, should be immediately available to victims of sexual assault or of sexual contact with or sexual exploitation by staff. (e) Correctional administrators and officials should regularly review use of force reports, serious incident reports, and grievances, and take any necessary remedial action to address systemic problems. _______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 _________________. (b) Prior to long-term involuntary transfer of a prisoner with a serious mental illness to a dedicated mental health facility, the prisoner should be afforded, at a minimum, the following procedural protections: (i) at least [3 days] in advance of the hearing, written, and effective notice of the fact that involuntary transfer is being proposed, the basis for the transfer, and the prisoners rights under this Standard; (ii) decision-making by a judicial or administrative hearing officer independent of the correctional agency, or by an independent committee that does not include any health care professional responsible for treating or referring the prisoner for transfer or any other correctional staff but does include at least one qualified mental health professional; (iii) a hearing at which the prisoner may be heard in person and, absent an individualized determination of good cause, present testimony of available witnesses, including the prisoners treating mental health professional, and documentary and physical evidence; (iv) absent an individualized determination of good cause, opportunity for the prisoner to confront and cross-examine witnesses or, if good cause to limit such confrontation is found, to propound questions to be relayed to the witnesses; (vi) counsel, or some other advocate with appropriate mental health care training; (vii) a written statement setting forth in detail the evidence relied on and the reasons for a decision to transfer; (viii) an opportunity for the prisoner to appeal to a mental health care review panel or to a judicial officer; and. (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. Regulations relating to the storage of legal material in personal quarters or other areas should be only for purposes of safety or security and should not unreasonably interfere with access to or use of these materials. B. correctional authorities should conduct such a search only in the presence of the prisoner to or from whom the letter or document is addressed. (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. (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. Prisoners should also have regular access to a variety of broadcast media to enable them to remain informed about public affairs. 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. (c) When appropriate, health care complaints should be evaluated and treated by specialists. (a) For all staff, correctional administrators and officials should integrate training relating to the mission and core values of the correctional agency with technical training. (e) A correctional agencys grievance procedure should be designed to instill the confidence of prisoners and correctional authorities in the effectiveness of the process, and its success in this regard should be periodically evaluated. 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. (iii) as a last alternative after other reasonable efforts to resolve the situation have failed. If such enterprises are for-profit firms, prisoners should be paid at least minimum wage for their work. The prisoners own views with respect to his or her own safety should be given serious consideration. (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. (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. Any visual surveillance and supervision of a prisoner who is undergoing an intimate medical procedure should be conducted by correctional officers of the same gender as the prisoner. (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. (a) Governmental authorities should allow prisoners to produce newspapers and other communications media for the dissemination of information, opinions, and other material of interest, and to distribute such media to the prisoner population and to the general public. (a) Correctional authorities should be permitted to impose a range of disciplinary sanctions to maintain order and ensure the safe custody of prisoners. (g) When public safety and the interests of justice would not be compromised, governmental authorities should provide judicial and administrative mechanisms to accomplish the early release of prisoners in exceptional circumstances, such as terminal illness, permanent disability that substantially diminishes the ability of the prisoner to provide self-care within a correctional facility, or exigent family circumstances. (ix) a de novo hearing held every [6 months], with the same procedural protections as here provided, to decide if involuntary placement in the mental health facility remains necessary. the same exercise price and expiration as the call option. (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. (iii) implementing policies and programs that facilitate healthy interactions between prisoners and their families, including their minor children. (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. Each correctional facility should employ sufficient numbers of men and women to comply with Standard 23-7.10. (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. (a) Force means offensive or defensive physical contact with a prisoner, including blows, pushes, or defensive holds, whether or not involving batons or other instruments or weapons; discharge of chemical agents; discharge of electronic weaponry; and application of restraints such as handcuffs, chains, irons, strait-jackets, or restraint chairs. (b) The term correctional administrator means an individual with responsibility for system-wide operations and management. (iii) The institutional review board should ensure that mechanisms exist to closely monitor the progress of the study to detect and address adverse events or unanticipated problems. Visitors should not be excluded solely because of a prior criminal conviction, although correctional authorities should be permitted to exclude a visitor if exclusion is reasonable in light of the conduct underlying the visitors conviction. (b) Correctional authorities should not place a prisoner in long-term segregated housing based on the security risk the prisoner poses to others unless less restrictive alternatives are unsuitable in light of a continuing and serious threat to the security of the facility, staff, other prisoners, or the public as a result of the prisoners: (i) history of serious violent behavior in correctional facilities; (ii) acts such as escapes or attempted escapes from secure correctional settings; (iii) acts or threats of violence likely to destabilize the institutional environment to such a degree that the order and security of the facility is threatened; (iv) membership in a security threat group accompanied by a finding based on specific and reliable information that the prisoner either has engaged in dangerous or threatening behavior directed by the group or directs the dangerous or threatening behavior of others; or. A suicidal prisoners clothing should be removed only if an individualized assessment finds such removal necessary, and the affected prisoner should be provided with suicide resistant garments that are sanitary, adequately modest, and appropriate for the temperature. 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. (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. 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