Prisoners who are unable to access library resources because of housing restrictions, language or reading skills, or for other reasons, should have access to an effective alternative to such access, including the provision of counsel, or of prisoners or non-prisoners trained in the law. The ____________ is a prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management. (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. (b) Monitoring teams should possess expertise in a wide variety of disciplines relevant to correctional agencies. Modifications are not required if they would pose an undue burden to the facility, cause a fundamental alteration to a program, or pose a direct threat of substantial harm to the health and safety of the prisoner or others. 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. A prisoner should not be restrained while she is in labor, including during transport, except in extraordinary circumstances after an individualized finding that security requires restraint, in which event correctional and health care staff should cooperate to use the least restrictive restraints necessary for security, which should not interfere with the prisoners labor. (d) The monitoring agency should continue to assess and report on previously identified problems and the progress made in resolving them until the problems are resolved. When a prisoner and infant are separated, the prisoner should be provided with counseling and other mental health support. 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. (d) Governmental authorities should prepare a financial and correctional impact statement to accompany any proposed criminal justice legislation that would affect the size, demographics, or requirements of the jurisdictions prison and jail populations, and should periodically assess the extent to which criminal justice legislation is achieving positive results. (b) Health care providers in a non-federal correctional facility should be fully licensed in the state in which the facility is located; health care providers in a federal correctional facility should be fully licensed in the United States. If a publication or piece of correspondence contains material in violation of the facilitys written guidelines, correctional authorities should make reasonable efforts to deny only those segregable portions of the publication or correspondence that present concerns. (e) A prisoner should be informed if correctional authorities deny the prisoner permission to send or receive any publication or piece of correspondence and should be told the basis for the denial and afforded an opportunity to appeal the denial to an impartial correctional administrator. (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. In Wolff vs. McDonnell (1974) the court created four legal procedures to enhance the protection of an inmate who has been accused of a serious prison violation. (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. all of the following are considered to be alternatives to inmate litigation, except; in hudson v. palmer (1984) the supreme court held that the rules of the _____amendment do not apply to a search of a convicted prisoners cell. (a) Correctional authorities should afford prisoners a reasonable opportunity to maintain telephonic communication with people and organizations in the community, and a correctional facility should offer telephone services with an appropriate range of options at the lowest possible rate, taking into account security needs. which of the following alternatives to litigation has NOT been incorporated into state correctional systems? (b) No prisoner should be placed in segregated housing for more than [1 day] without a mental health screening, conducted in person by a qualified mental health professional, and a prompt comprehensive mental health assessment if clinically indicated. Physical features that facilitate suicide attempts should be eliminated in all segregation cells. (h) Governmental authorities should implement policies that allow government benefits, including health benefits, to be restored to prisoners immediately upon release, and correctional officials should ensure that correctional authorities or community service providers assist prisonersespecially prisoners with mental disabilities or significant health care needsin preparing and submitting appropriate benefits applications sufficiently in advance of their anticipated release date to meet this objective and facilitate continuity of care. (c) The handbook required by Standard 23-4.1 should advise prisoners about the potential legal consequences of a failure to use the institutional grievance procedures. (c) At intervals not to exceed [30 days], correctional authorities should conduct and document an evaluation of each prisoners progress under the individualized plan required by subdivision (b) of this Standard. 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. Prisoners should also have regular access to a variety of broadcast media to enable them to remain informed about public affairs. the first successful prisoners rights cases of the 1970s involved: In _______, the U.S. supreme court ruled that while the death penalty was constitutional, the way it was used constituted "cruel and unusual" punishment. 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. (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. (b) Correctional authorities should use force against a prisoner only: (i) to protect and ensure the safety of staff, prisoners, and others; to prevent serious property damage; or to prevent escape; (ii) if correctional authorities reasonably believe the benefits of force outweigh the risks to prisoners and staff; and. (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. (h) A correctional facility should be monitored and regularly inspected by independent government entities. No prisoner should receive preferential treatment, including improved living or work conditions or an improved likelihood of early release, in exchange for participation in behavioral or biomedical research, unless the purpose of the research is to evaluate the outcomes associated with such preferential treatment. (c) Dental care should be provided to treat prisoners dental pain, eliminate dental pathology, and preserve and restore prisoners ability to chew. (i) Governmental authorities should not exempt correctional agencies from their jurisdictions Administrative Procedure Act, Freedom of Information Act, or Public Records Act. They should receive authority to: (i) examine every part of every facility; (iii) conduct confidential interviews with prisoners and staff; and. (a) Correctional authorities should facilitate prisoners access to counsel. (f) Correctional officials should not use a lockdown to substitute for disciplinary sanctions or for reclassification of prisoners. Correctional authorities should actively encourage prisoner participation in appropriate educational programs. (b) After consultation with each prisoner, correctional authorities should develop an individualized programming plan for the prisoner, in accordance with which correctional authorities should give each prisoner access to appropriate programs, including educational opportunities, mental health and substance abuse treatment and counseling, vocational and job readiness training, personal financial responsibility training, parenting skills, relationship skills, cognitive or behavioral programming, and other programs designed to promote good behavior in the facility and reduce recidivism. This agency, which should be permitted to be the same entity responsible for investigations conducted pursuant to Standard 23-11.2(b), should anticipate and detect systemic problems affecting prisoners, monitor issues of continuing concern, identify best practices within facilities, and make recommendations for improvement. Such an officer should be called to the scene whenever force is used, to direct and observe but ordinarily not to participate in the physical application of force, and should not leave the scene until the incident has come to an end. (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. If contact visits are precluded because of such an individualized determination, non-contact, in-person visiting opportunities should be allowed, absent an individualized determination that a non-contact visit between the prisoner and a particular visitor poses like dangers. (c) In an emergency situation requiring the immediate involuntary transfer of a prisoner with serious mental illness to a dedicated mental health facility because of a serious and imminent risk to the safety of the prisoner or others, the chief executive of a correctional facility should be authorized to order such a transfer, but the procedural protections set out in subdivision (b) of this Standard should be provided within [7 days] after the transfer. (b) Correctional officials should implement visitation policies that assist prisoners in maintaining and developing healthy family relationships by: (i) providing sufficient and appropriate space and facilities for visiting; (ii) establishing reasonable visiting hours that are convenient and suitable for visitors, including time on weekends, evenings, and holidays; and. (a) Initial classification of a prisoner should take place within [48 hours] of the prisoners detention in a jail and within [30 days] of the prisoners confinement in a prison. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints. Exceptions to confidentiality should be explained to a prisoner prior to any conversation or course of counseling in which confidentiality is promised, explicitly or implicitly. (d) Courts should have the same equitable authority in cases involving challenges to conditions of confinement as in other civil rights cases. (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. (a) A correctional agency should have a clear written statement of its mission and core values. Except in unusual circumstances, such as a study of a condition that is solely or almost solely found among incarcerated populations, at least half the subjects involved in any behavioral or biomedical research in which prisoner participation is sought should be non-prisoners. Prison governance theory which states that prison disorder results from unstable, divided, or otherwise weak management that suicide... To counsel to litigation has NOT been incorporated into state correctional systems teams possess. Teams should possess expertise in a wide variety of disciplines relevant to correctional agencies ____________ is a governance. Weak management the following alternatives to litigation has NOT been incorporated into state correctional systems counseling. ( f ) correctional authorities should facilitate prisoners access to a variety of broadcast media to enable them to informed. 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