B. the time a prisoner spends speaking on the telephone with counsel should not count against any applicable maximum telephone time. A correctional facility should be subject to the same enforcement penalties and procedures, including abatement procedures for noncompliance, as are applicable to other institutions. (d) Prisoners placed in segregated housing for reasons other than discipline should be allowed as much out-of-cell time and programming participation as practicable, consistent with security. (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. (v) to enforce an order after a prisoner has been immobilized or a threat has been neutralized. Restrictions placed on prisoners should be necessary and proportionate to the legitimate objectives for which those restrictions are imposed. (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. (c) Pat-down searches and other clothed body searches should be brief and avoid unnecessary force, embarrassment, and indignity to the prisoner. (b) Correctional authorities should exercise reasonable care with respect to property prisoners lawfully possess or have a right to reclaim. 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. (iv) any other information reasonably believed to jeopardize institutional security if disclosed. Prisoners work assignments, including community service assignments, should teach vocational skills that will assist them in finding employment upon release, should instill a work ethic, and should respect prisoners human dignity. (b) When practicable, correctional authorities should prevent prisoners from observing searches and shakedowns of other prisoners cells and property. 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. At all times within a correctional facility or during transport, at least one staff member of the same gender as supervised prisoners should share control of the prisoners. the carrying out of retributive punishments to deter future criminal acts. In February 2010, the ABA House of Delegates approved a set of ABA Criminal Justice Standards on Treatment of Prisoners.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. Prisoners should be entitled to present any judicially cognizable issue, including: (i) challenges to the legality of their conviction, confinement, extradition, deportation, or removal; (ii) assertions of any rights protected by state or federal constitution, statute, administrative provision, treaty, or common law; (iii) civil legal problems, including those related to family law; and. Governmental authorities should make every effort to house all prisoners in need of secure confinement in publicly operated correctional facilities. (v) forbid the use of electronic weaponry in drive-stun or direct contact mode. (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. If a prisoner has met the terms of the individual plan, there should be a presumption in favor of releasing the prisoner from segregated housing. While on-site programs are preferred, correctional authorities without resources for on-site classes should offer access to correspondence courses, online educational opportunities, or programs conducted by outside agencies. (ix) an appropriate individual and, when appropriate, systemic remedy if the grievance is determined to be well-founded. Control techniques should be intended to minimize injuries to both prisoners and staff. (h) Correctional agencies should work together to develop uniform national definitions and methods of defining, collecting, and reporting accurate and complete data. (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. (c) When appropriate, health care complaints should be evaluated and treated by specialists. in regard to an inmates 1st amendment, _____________ requires that a regulation provide a reasonable method of advancing a legitimate institutional goal. (b) A correctional agency should allow a prisoner to examine and copy information in the prisoners file, challenge its accuracy, and request its amendment. 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. (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. If such enterprises are for-profit firms, prisoners should be paid at least minimum wage for their work. (b) Each classification decision should be in writing, and should set forth the considerations and factors that led to the decision; the written decision should be made available to the prisoner, and should be explained by an appropriate staff member if the prisoner is incapable of understanding it. In order to implement appropriate classification, housing, and programming, correctional officials should: (a) implement an objective classification system that determines for each prisoner the proper level of security and control, assesses the prisoners needs, and assists in making appropriate housing, work, cellmate, and program assignments; (b) initially and periodically validate an objective classification instrument to ensure consistent and appropriate custody and other decisions for each correctional facilitys population, including prisoners assignments to multiple occupancy cells or dormitories; and. (a) If a prisoner with a disability is otherwise qualified to use a correctional facility, program, service, or activity, correctional authorities should provide such a prisoner ready access to and use of the facility, program, service, or activity, and should make reasonable modifications to existing policies, procedures, and facilities if such modifications are necessary. (a) Correctional authorities should facilitate prisoners access to counsel. Correctional authorities should safely accommodate prisoners who are particularly vulnerable to heat-related illness or infectious disease, or are otherwise medically vulnerable. (b) Correctional officials should implement procedures for identifying those prisoners who are particularly vulnerable to physical or sexual abuse, manipulation, or psychologically harmful verbal abuse by other prisoners or by staff, and for protecting these and other prisoners who request and need protection. (a) Governmental authorities should authorize and fund a governmental agency independent of each jurisdictions correctional agency to conduct regular monitoring and inspection of the correctional facilities in that jurisdiction and to issue timely public reports about conditions and practices in those facilities. (f) Any contract by which a private entity operates a correctional facility should include terms that comport with the following restrictions: A. To go to a particular black letter Standard (without commentary), click on the relevant Standard in the Table of Contents, below. (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. If convicted capital offenders are separately housed based solely on their sentence, conditions should be comparable to those provided to the general population. 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