a judicial order asking correctional officers to produce

(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. (b) Correctional authorities should implement policies and practices to prevent any such discrimination, harassment, or bullying of prisoners by other prisoners. Complaints of dental pain should be referred to a qualified dental professional, and necessary treatment begun promptly. (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. (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. (v) be available to the prisoner who is the subject of the records, absent an individualized finding of good cause. (i) Governmental authorities should not exempt correctional agencies from their jurisdictions Administrative Procedure Act, Freedom of Information Act, or Public Records Act. Correctional authorities should be permitted to regulate the time, place, and manner of prisoners access to these resources for purposes of facility security and scheduling, but prisoners should have regular and sufficient access, without interference with the prisoners ability to eat meals, work, receive health care, receive visits, or attend required treatment or educational programming. 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. (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. Prisoners should be entitled to observe special religious practices, including fasting and special dining hours. (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. (b) Prisoners job assignments should not discriminate on the basis of race, national origin, ethnicity, religion, or disability. No new comprehensive medical and mental health assessment need occur for a prisoner transferred or readmitted to a correction facility who has received comprehensive health assessment within the prior year unless it is medically necessary, or the prisoners medical records are not available. In an emergency, or when necessary in a facility in which health care staff are available only part-time, medically trained correctional staff should be permitted to administer prescription drugs at the direction of qualified health care professionals. Correctional authorities should not presume that sexual activity among prisoners is consensual. (c) The mental health of prisoners in long-term segregated housing should be monitored as follows: (i) Daily, correctional staff should maintain a log documenting prisoners behavior. (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. Ordinarily, only health care staff should administer prescription drugs, except that health care staff should be permitted to authorize prisoners to hold and administer their own asthma inhalers, and to implement other reasonable keep on person drug policies. Correctional authorities should not conduct searches in order to harass or retaliate against prisoners individually or as a group. (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]. The evaluation process should include mechanisms by which prisoners can provide both positive and negative comments about their care. Correctional authorities should actively encourage prisoner participation in appropriate educational programs. (c) Correctional officials should implement any appropriate facility-specific restrictions on use of chemical agents and electronic weaponry that are appropriate for the particular facility and its prisoner population, and should promulgate policy that sets forth in detail the circumstances in which such weapons may be used. (a) No prisoner diagnosed with serious mental illness should be placed in long-term segregated housing. (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. (b) When determining whether a pleading or other court filing has stated a legally cognizable claim or complied with other requirements, courts should take into account the challenges faced by pro se prisoners. (c) Dental care should be provided to treat prisoners dental pain, eliminate dental pathology, and preserve and restore prisoners ability to chew. (f) Correctional officials should, to the extent reasonable, make resources and facilities available for religious purposes to all religious groups and prisoners following sincerely held religious beliefs within a correctional facility, and should not show favoritism to any religion. (g) Government legal services should be available to prisoners to the same extent they are available to non-prisoners. (f) When staff observe a prisoner who appears to have attempted or committed suicide, they should administer appropriate first-aid measures immediately until medical personnel arrive and assess the situation. (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. (d) Courts should have the same equitable authority in cases involving challenges to conditions of confinement as in other civil rights cases. Correctional authorities should take steps necessary to protect the prisoner from further sexual assaults, contacts, or exploitation. (a) Deadly force means force that creates or is intended to create a substantial risk of death or serious bodily harm. Prisoners should receive opportunities to mend and machine launder their clothing if the facility does not provide these services. Prisoners currently threatening or attempting suicide should be under continuous staff observation. (a) To the extent practicable and consistent with prisoner and staff safety, correctional authorities should minimize the periods during the day in which prisoners are required to remain in their cells. (s) The term serious mental illness means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality or cope with the ordinary demands of life within the prison environment and is manifested by substantial pain or disability. 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. 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. (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). (b) Correctional agency policy should prohibit use of electronic or chemical weaponry for the following purposes: (iii) to rouse an unconscious, impaired, or intoxicated prisoner; (iv) against any prisoner using passive resistance when there is no immediate threat of bodily harm; or. (vi) at least every four hours, a qualified medical professional should conduct a complete in-person evaluation to determine the prisoners need for either continued restraint or transfer to a medical or mental health facility. (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. 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. (iv) assertions of a defense to any action brought against them. (f) Except as required by exigent circumstances, a digital or instrumental search of the anal or vaginal cavity of a prisoner should be conducted only pursuant to a court order. 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. (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. No health care provider should be permitted to practice in a correctional facility beyond the scope permissible for that individual provider outside of a correctional facility, given the providers particular qualifications and licensing. (ii) For meetings between counsel and a prisoner: A. absent an individualized finding that security requires otherwise, counsel should be allowed to have direct contact with a prisoner who is a client, prospective client, or witness, and should not be required to communicate with such a prisoner through a glass or other barrier; B. counsel should be allowed to meet with a prisoner in a setting where their conversation cannot be overheard by staff or other prisoners; C. meetings or conversations between counsel and a prisoner should not be audio recorded by correctional authorities; D. during a meeting with a prisoner, counsel should be allowed to pass previously searched papers to and from the prisoner without intermediate handling of those papers by correctional authorities; E. correctional authorities should be allowed to search a prisoner before and after such a meeting for physical contraband, including by performing a visual search of a prisoners private bodily areas that complies with Standard 23-7.9; F. rules governing counsel visits should be as flexible as practicable in allowing counsel adequate time to meet with a prisoner who is a client, prospective client, or witness, including such a prisoner who is for any reason in a segregated housing area, and should allow meetings to occur at any reasonable time of day or day of the week; and. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints. (a) Correctional authorities should maintain living quarters and associated common areas in a sanitary condition. (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. (v) access to radio or television for programming or mental stimulation, although such access should not substitute for human contact described in subdivisions (i) to (iv). the same exercise price and expiration as the call option. Correctional authorities should offer high school equivalency classes, post-secondary education, apprenticeships, and similar programs designed to facilitate re-entry into the workforce upon release. 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. (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. (a) Correctional authorities should implement a system that allows each prisoner, regardless of security classification, to communicate health care needs in a timely and confidential manner to qualified health care professionals, who should evaluate the situation and assess its urgency. Habeas Corpus. Correctional officials should establish criteria for forwarding such reports to a specialized unit trained in the appropriate investigation methods. In those situations, each staff member should also have available for use a weapon less likely to be lethal. (f) Four- or five-point restraints should be used only if a prisoner presents an immediate and extreme risk of serious self-injury or injury to others and only after less restrictive forms of restraint have been determined likely to be ineffective to control the prisoners risky behavior. (ix) prompt review of the classification committees decision by correctional administrators. 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. Correctional authorities should memorialize and facilitate review of uses of force. (b) A correctional agency should designate an internal unit, answerable to the head of the agency, to be responsible for investigating allegations of serious staff misconduct, including misconduct against prisoners, and for referring appropriate cases for administrative disciplinary measures or criminal prosecution. If a prisoner refuses health care examination, testing, or treatment, a qualified health care professional should discuss the matter with the prisoner and document in the prisoners health care record both the discussion and the refusal; the health care professional should attempt to obtain the prisoners signature attesting to the refusal. Correctional authorities should not stigmatize prisoners who need protection. However, prisoners diagnosed with serious mental illness should not be housed in settings that may exacerbate their mental illness or suicide risk, particularly in settings involving sensory deprivation or isolation. (b) Consistent with security needs, correctional officials should provide opportunities for prisoners to contribute to the community through volunteer activities. Single-occupancy cells should be the preferred form of prisoner housing. (b) Prisoners who are determined to be lawfully taking prescription drugs or receiving health care treatment when they enter a correctional facility directly from the community, or when they are transferred between correctional facilitiesincluding facilities operated by different agenciesshould be maintained on that course of medication or treatment or its equivalent until a qualified health care professional directs otherwise upon individualized consideration. (b) A prisoner should not be administered sedating or otherwise psychoactive drugs for purposes of discipline or convenience, or because of any decision relating to programming or privileges; such drugs should be used only to treat health conditions. (ii) Research studies should not be the sole avenue for prisoners to receive standard treatment for any medical or mental health condition. 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. C. If a contractor is delegated the authority to classify prisoners, the classification system and instrument should be approved and individual classification decisions reviewed by the contracting agency. 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. 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. Living conditions for a correctional agencys female prisoners should be essentially equal to those of the agencys male prisoners, as should security and programming. (q) The term qualified mental health professional means psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who by virtue of their education, credentials, and experience are permitted by law to evaluate and provide mental health care to patients. 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