Sentenced detainees should be classified within days of their arrival in prison. [...] Under article 10, paragraph 3, juvenil offenders shall be segregate from adults and accorded treatment appropriate to their age and legal status in so far as conditions of detention are concerned. 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. Depending upon individual assessments of risks, needs, and the reasons for placement in the segregated setting, those forms of stimulation should include: (i) in-cell programming, which should be developed for prisoners who are not permitted to leave their cells; (ii) additional out-of-cell time, taking into account the size of the prisoner’s cell and the length of time the prisoner has been housed in this setting; (iii) opportunities to exercise in the presence of other prisoners, although, if necessary, separated by security barriers; (iv) daily face-to-face interaction with both uniformed and civilian staff; and. (a) In conducting a search of a prisoner’s body, correctional authorities should strive to preserve the privacy and dignity of the prisoner. 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. he State shall ensure that detaining authorities hold pre-trial detainees separately from the convicted prison population. In the absence of specific institutions due to a shortage of material resources or an insufficient number of inmates concerned to justify their creation, persons in the aforementioned categories should be held in a separate building within the prison grounds or in a strictly separate wing with no possible access to other parts of the institution. Separation of detainees Key Elements. (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. Copyright by the American Bar Association. Following any incident that involves a use of force against a prisoner, participants and witnesses should be interviewed or should file written statements. (d) The term “correctional authorities” means all correctional staff, officials, and administrators. (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. (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. (c) When appropriate, health care complaints should be evaluated and treated by specialists. 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. The separation of an individual or group of LGBTI people can be an effective protective measure in certain situations. (e) Correctional officials should be permitted to contract with private enterprises to establish industrial and service programs to employ prisoners within a correctional facility, and goods and services produced should be permitted to freely enter interstate commerce. 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. Thus. 2911.0200: definitions. Correctional authorities should be permitted to require prisoners able to perform cleaning tasks to do so, with necessary materials and equipment provided to them regularly and without charge. 32.2. (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. (c) A correctional agency should be required to respond in a public document to the findings of the monitoring agency, to develop an action plan to address identified problems, and to periodically document compliance with recommendations or explain noncompliance; however, if security requires, the public document should be permitted to be supplemented by a confidential one. (xi) preventing idleness by providing constructive activities for all prisoners as provided in Standards 23-8.2 and 23-8.4. (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. (r) The term “segregated housing” means housing of a prisoner in conditions characterized by substantial isolation from other prisoners, whether pursuant to disciplinary, administrative, or classification action. The standard menu should not be varied for any prisoner without the prisoner’s 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. 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 prisoner’s private bodily areas.   (a) To separate from others those prisoners who, by reason of their criminal records or characters, are likely to exercise a bad influence; (o) The term “long-term segregated housing” means segregated housing that is expected to extend or does extend for a period of time exceeding 30 days. (a) The term “chief executive officer of the facility” means the correctional official with command authority over a particular correctional facility. (i) Governmental authorities should not exempt correctional agencies from their jurisdiction’s Administrative Procedure Act, Freedom of Information Act, or Public Records Act. (a) The term “protective custody” means housing of a prisoner in segregated housing or under any other substantially greater restrictions than those applicable to the general population with which the prisoner would otherwise be housed, in order to protect the prisoner from harm. Inmates housed in administrative separation shall retain access to services and activities, unless the continuance of the services and activities would adversely affect the safety and security of the facility; and 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. What are the key staffing considerations for NHRIs taking on an NPM mandate? (iv) any other form of cruel, inhuman, or degrading treatment. Which skills and other requirements should NPM members and staff have? Smaller facilities should be permitted to provide for prisoners’ health care needs by transferring them to other facilities or health care providers, but should have equipment that is reasonably necessary in light of its preexisting transfer arrangements. (a) A correctional agency should ensure each prisoner’s 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. (c) Subject to the restrictions in Standard 23-8.6, correctional authorities should allow prisoners to produce works of artistic expression and to submit for publication books, articles, creative writing, art, or other contributions to media outside the facility under their own names. If correctional authorities have applied four- or five-point restraints without the participation of a qualified health care professional or if that professional disagrees with the application of the restraints, correctional authorities should notify the facility’s chief executive office immediately on gaining control of the prisoner.