In those situations, each staff member should also have available for use a weapon less likely to be lethal. Such policies should:. Canines should never be used for purposes of intimidation or control of a prisoner or prisoners. Subject to the remainder of this Standard, restraints should not be used except to control a prisoner who presents an immediate risk of self-injury or injury to others, to prevent serious property damage, for health care purposes, or when necessary as a security precaution during transfer or transport.
Policies relating to restraints should take account of the special needs of prisoners who have physical or mental disabilities, and of prisoners who are under the age of eighteen or are geriatric, as well as the limitations specified in Standard Correctional authorities should not hog-tie prisoners or restrain them in a fetal or prone position. Reasonable steps should be taken during movement to protect restrained prisoners from accidental injury. Whenever practicable, a qualified health care professional should participate in efforts to avoid using four- or five-point restraints.
The chief executive officer should decide promptly whether the use of such restraints should continue. Consistent with Standard Clinical decisions should be the sole province of the responsible health care professionals, and should not be countermanded by non-medical staff. Work assignments, housing placements, and diets for each prisoner should be consistent with any health care treatment plan developed for that prisoner. Provision should be made for prisoners who face literacy, language, or other communication barriers to be able to communicate their health needs.
Complaints of dental pain should be referred to a qualified dental professional, and necessary treatment begun promptly. A prisoner who requires care not available in the correctional facility should be transferred to a hospital or other appropriate place for care. Prescription drugs should be distributed in a timely and confidential manner. 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.
In no instance should a prisoner administer prescription drugs to another prisoner. Specialized equipment may be required in larger facilities and those serving prisoners with special medical needs. A correctional health care system should include an ongoing evaluation process to assess and improve the health care provided to prisoners and to enable health care staff to institute corrective care or other action as needed. The evaluation process should include mechanisms by which prisoners can provide both positive and negative comments about their care. Governmental authorities should ordinarily allow a prisoner who gives birth while in a correctional facility or who already has an infant at the time she is admitted to a correctional facility to keep the infant with her for a reasonable time, preferably on extended furlough or in an appropriate community facility or, if that is not practicable or reasonable, in a nursery at a correctional facility that is staffed by qualified persons.
Governmental authorities should provide appropriate health care to children in such facilities. When a prisoner and infant are separated, the prisoner should be provided with counseling and other mental health support. 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.
Table of contents
When the use of a specific aid believed reasonably necessary by a qualified medical professional is deemed inappropriate for security or safety reasons, correctional authorities should consider alternatives to meet the health needs of the prisoner. In addition to implementing the mental health screening required in Standard A correctional agency should develop a range of housing options for such prisoners, including high security housing; residential housing with various privilege levels dependent upon treatment and security assessments; and transition housing to facilitate placement in general population or release from custody.
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. When medically necessary, correctional authorities should be permitted to place a prisoner with a readily transmissible contagious disease in appropriate medical isolation or to restrict such a prisoner in other ways to prevent contagion of others. A prisoner diagnosed with gender identity disorder should be offered appropriate treatment.
At a minimum, a prisoner who has begun or completed the medical process of gender reassignment prior to admission to a correctional facility should be offered treatment necessary to maintain the prisoner at the stage of transition reached at the time of admission, unless a qualified health care professional determines that such treatment is medically inadvisable for the prisoner.
A competent prisoner who refuses food should not be force-fed except pursuant to a court order. Any claim that a prisoner is refusing treatment for a serious medical or mental health condition should be investigated by a qualified health care professional to ensure that the refusal is informed and voluntary, and not the result of miscommunication or misunderstanding. Involuntary testing or treatment should be permitted only if:. 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.
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Correctional authorities should assess and make appropriate accommodations in housing placement, medical services, work assignments, food services, and treatment, exercise, and rehabilitation programs for such a prisoner. Such a prisoner should have the opportunity to earn an equal amount of good conduct time credit for participating in alternative activities. This requirement includes:. Prisoners should be entitled to observe special religious practices, including fasting and special dining hours.
The Conditions of Nursing Homes vs Prisons
Prisoners should not receive as a direct result of their participation in a religious activity or program any financial or other significant benefit, including improved housing, additional out-of-cell time, extra sentencing credit for good conduct, or improved chances for early release, unless prisoners not participating in religious activities or programs are afforded comparable opportunities for such benefits. Prisoners should be permitted to form or join organizations whose purposes are lawful and consistent with legitimate penological objectives.
Correctional officials should allow reasonable participation by members of the general public in authorized meetings or activities of such organizations, provided the safety of the public or the security or safety of persons within the facility are not thereby jeopardized. To the extent practicable, funding, space, and institutional support should be provided for such efforts, and prisoners should be allowed to establish and operate independently-funded publications.
Correctional authorities should be permitted to censor material if it could be censored in publications sent to prisoners through the mail. 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.
Correctional authorities should allow prisoners a reasonable choice in the selection of their own hair styles and personal grooming, subject to the need to identify prisoners and to maintain security and appropriate hygienic standards. Correctional officials should be permitted to withhold:. 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. When practicable and consistent with security, a prisoner should be permitted to observe any search of personal property belonging to that prisoner.
Correctional authorities should not conduct searches in order to harass or retaliate against prisoners individually or as a group. The record should identify the circumstances of the search, the persons conducting the search, any staff who are witnesses, and any confiscated materials. When any property is confiscated, the prisoner should be given written documentation of this information. Correctional authorities should use the least intrusive appropriate means to search a prisoner.
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. The record should identify the circumstances of the search, the persons who conducted the search, any staff who are witnesses, and any confiscated materials.
The prisoner should be given written documentation of this information. 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. 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. For biomedical research that poses only a minimal risk to its participants or for behavioral research, prisoner participation should be allowed only if the research offers potential benefits to prisoners either individually or as a class.
For biomedical research that poses more than a minimal risk to its participants, prisoner participation should be allowed only if the research offers potential benefits to its participants, and only if it has been determined to be safe for them. 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.
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. Governmental authorities should strive to locate correctional facilities near the population centers from which the bulk of their prisoners are drawn, and in communities where there are resources to supplement treatment programs for prisoners and to provide staff for security, programming, and treatment.
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. 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. Correctional authorities should actively encourage prisoner participation in appropriate educational programs.
Prisoners should also have regular access to a variety of broadcast media to enable them to remain informed about public affairs. Substantial educational or rehabilitative programs can substitute for employment of the same duration. Whenever practicable, pretrial detainees should also be offered opportunities to work.
Correctional authorities should be permitted to assign prisoners to community service; to jobs in prison industry programs; or to jobs useful for the operation of the facility, including cleaning, food service, maintenance, and agricultural programs. To promote occupational training for prisoners, work release programs should be used when appropriate. Correctional authorities should make reasonable accommodations for religion and disability with respect to job requirements and sites.
Correctional authorities should provide female prisoners job opportunities reasonably similar in nature and scope to those provided male prisoners. No prisoner should be shackled during a work assignment except after an individualized determination that security requires otherwise. Prisoners should not be required to work more than 40 hours each week, and should be afforded at least one rest day each week and sufficient time apart from work for education and other activities. If such enterprises are for-profit firms, prisoners should be paid at least minimum wage for their work.
Prisoners should be allowed to receive any visitor not excluded by correctional officials for good cause. 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. Visits with counsel and clergy should not be counted as visiting time, and ordinarily should be unlimited in frequency. Pretrial detainees should be allowed visiting opportunities beyond those afforded convicted prisoners, subject only to reasonable institutional restrictions and physical plant constraints.
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. Correctional officials should develop and promote other forms of communication between prisoners and their families, including video visitation, provided that such options are not a replacement for opportunities for in-person contact.
If public transportation to a correctional facility is not available, correctional officials should work with transportation authorities to facilitate the provision of such transportation. Indigent prisoners should be provided a reasonable amount of stationery and free postage or some reasonable alternative that permits them to maintain contact with people and organizations in 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.
Correctional officials should set forth any applicable restrictions in a written policy. Commissions and other revenue from telephone service should not subsidize non-telephone prison programs or other public expenses. Correctional authorities should inform prisoners that their conversations may be monitored, and should not monitor or record conversations for purposes of harassment or retaliation. A correctional agency should provide community-based transitional facilities to assist in this reintegration process.
Preparation for re-entry should include assistance in locating housing, identifying and finding job opportunities, developing a resume and learning interviewing skills, debt counseling, and developing or resuming healthy family relationships. The plan should describe the course of treatment provided the prisoner in the facility and any medical, dental, or mental health problems that may need follow-up attention in the community. Upon release, each prisoner who was confined for more than [3 months] should possess or be provided with:.
Prisoners should be informed of this procedure pursuant to Standard Grievances should be rejected as procedurally improper only for a reason stated in the written grievance policy made available to prisoners. If correctional officials elect to require use of a particular grievance form, correctional authorities should make forms and writing implements readily available and should allow a grievant to proceed without using the designated form if it was not readily available to that prisoner.
Procedural protections for prisoners should include, at a minimum:. Prisoners should be entitled to present any judicially cognizable issue, including:. Correctional officials should not unreasonably delay the delivery of these legal documents. The provisions of this Standard applicable to counsel apply equally to consular officials for prisoners who are not United States citizens. Government-funded legal services organizations should be permitted to provide legal services to prisoners without limitation as to the subject matter or the nature of the relief sought.
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The relationship between a prisoner and a person providing legal assistance under this subdivision should be governed by applicable ethical rules protecting the attorney-client relationship. Access to these legal resources should be provided either in a law library or in electronic form, and should be available even to those prisoners who have access to legal services. 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.
These materials should include paper, writing implements, envelopes, and stamps. Correctional authorities should provide access to copying services, for which a reasonable fee should be permitted, and should provide prisoners with access to typewriters or word processing equipment.
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. Correctional authorities should be permitted to examine legal materials received or retained by a prisoner for physical contraband. In their interactions with prisoners, they should model fair, respectful, and constructive behavior; engage in preventive problem-solving; and rely upon effective communication.
A staff member should report any information relating to corrupt or criminal conduct by other staff directly to the chief executive officer of the facility or to an independent government official with responsibility to investigate correctional misconduct, and should provide any investigator with full and candid information about observed misconduct. Salaries and benefits should be sufficient to attract and retain qualified staff.
Each correctional facility should employ sufficient numbers of men and women to comply with Standard If an prisoner breaches their conditions, they may be recalled to prison. Prisoners serving sentences of between three months and four years, with certain exceptions for violent and people convicted with sexual offences, may also be eligible for release on a home detention curfew HDC.
This allows a prisoner to be released up to days four and a half months before their automatic release date. The prisoner will be electronically tagged and a curfew imposed. If the prisoner breaches the curfew they can be recalled to prison. An extended sentence may given to a prisoner aged 18 or over when:. The judge decides how long the prisoner should stay in prison and also fixes the extended licence period up to a maximum of eight years. The prisoner will either be entitled to automatic release at the two thirds point of the custodial sentence or be entitled to apply for parole at that point.
If parole is refused the prisoner will be released when their prison term ends. Following release, the person will be subject to the licence where he will remain under the supervision of the National Offender Management Service until the expiry of the extended period.
Standards on Treatment of Prisoners (Table of Contents)
The combined total of the prison term and extension period cannot be more than the maximum sentence for the offence committed. When a court passes a life sentence sometimes called an indeterminate sentence it means that the person with a conviction will be subject to that sentence for the rest of their life. A judge must specify the minimum term sometimes called the tariff a prisoner must spend in prison before becoming eligible to apply for parole.
A life sentence always lasts for life whatever the length of the minimum term. Parliament has decided that if a person is found guilty of murder, a court must give them a life sentence. A person may also be given a life sentence for offences such as rape or armed robbery. The judge will set a minimum term the tariff an prisoner must serve before they can be considered for release by the Parole Board. The prisoner will only be released once they are no longer deemed to pose a risk to the general public. If released, an person with an conviction serving a life sentence will remain on licence for the rest of their life.
They may be recalled to prison at any time if they are considered to be a risk to the public. They do not need to have committed another offence in order to be recalled. There are a number of crimes for which the maximum sentence for the offence, such as rape or robbery, is life imprisonment. This does not mean that all or most people convicted of those offences will get life. Read more about discretionary life sentences. Watch this video from the Sentencing Council on how people with convictions are sentenced in England and Wales.