The entire article is too extensive to post, but anyone concerned with litigation concerning prisons should review this and focus on what their issues are. It’s a good resource.

Standards on Treatment of Prisoners

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.

The “black letter” Standards and accompanying commentary have been published in “ABA Standards for Criminal Justice: Treatment of Prisoners,” Third Edition © 2011, American Bar Association. For a pdf version of the publication, Click Here.

To go to a particular “black letter” Standard (without commentary), click on the relevant Standard in the Table of Contents, below. (Once you have clicked on one “black letter” Standard, you can scroll up or down for others). For information about ordering the publication, please visit the Standards Ordering Information page.

Table of Contents

Standard 23-1.0 Definitions

Part I: General Principles
Standard 23-1.1 General principles governing imprisonment

Standard 23-1.2 Treatment of prisoners

Part II: Intake and Classification
Standard 23-2.1 Intake screening

Standard 23-2.2 Classification system

Standard 23-2.3 Classification procedures

Standard 23-2.4 Special classification issues

Standard 23-2.5 Health care assessment

Standard 23-2.6 Rationales for segregated housing

Standard 23-2.7 Rationales for long-term segregated housing

Standard 23-2.8 Segregated housing and mental health

Standard 23-2.9 Procedures for placement and retention in long-term segregated housing

Part III: Conditions of Confinement
Standard 23-3.1 Physical plant and environmental conditions

Standard 23-3.2 Conditions for special types of prisoners

Standard 23-3.3 Housing areas

Standard 23-3.4 Healthful food

Standard 23-3.5 Provision of necessities

Standard 23-3.6 Recreation and out-of-cell time

Standard 23-3.7 Restrictions relating to programming and privileges

Standard 23-3.8 Segregated housing

Standard 23-3.9 Conditions during lockdown

Part IV: Rules of Conduct and Discipline
Standard 23-4.1 Rules of conduct and informational handbook

Standard 23-4.2 Disciplinary hearing procedures

Standard 23-4.3 Disciplinary sanctions

Part V: Personal Security
Standard 23-5.1 Personal security and protection from harm

Standard 23-5.2 Prevention and investigation of violence

Standard 23-5.3 Sexual abuse

Standard 23-5.4 Self-harm and suicide prevention

Standard 23-5.5 Protection of vulnerable prisoners

Standard 23-5.6 Use of force

Standard 23-5.7 Use of deadly force

Standard 23-5.8 Use of chemical agents, electronic weaponry, and canines

Standard 23-5.9 Use of restraint mechanisms and techniques

Part VI: Health Care
Standard 23-6.1 General principles governing health care

Standard 23-6.2 Response to prisoner health care needs

Standard 23-6.3 Control and distribution of prescription drugs

Standard 23-6.4 Qualified health care staff

Standard 23-6.5 Continuity of care

Standard 23-6.6 Adequate facilities, equipment, and resources

Standard 23-6.7 Quality improvement

Standard 23-6.8 Health care records and confidentiality

Standard 23-6.9 Pregnant prisoners and new mothers

Standard 23-6.10 Impairment-related aids

Standard 23-6.11 Services for prisoners with mental disabilities

Standard 23-6.12 Prisoners with chronic or communicable diseases

Standard 23-6.13 Prisoners with gender identity disorder

Standard 23-6.14 Voluntary and informed consent to treatment

Standard 23-6.15 Involuntary mental health treatment and transfer

Part VII: Personal Dignity
Standard 23-7.1 Respect for prisoners

Standard 23-7.2 Prisoners with disabilities and other special needs

Standard 23-7.3 Religious freedom

Standard 23-7.4 Prisoner organizations

Standard 23-7.5 Communication and expression

Standard 23-7.6 Personal appearance

Standard 23-7.7 Records and confidentiality

Standard 23-7.8 Searches of facilities

Standard 23-7.9 Searches of prisoners’ bodies

Standard 23-7.10 Cross-gender supervision

Standard 23-7.11 Prisoners as subjects of behavioral or biomedical research

Part VIII: Rehabilitation and Reintegration
Standard 23-8.1 Location of facilities

Standard 23-8.2 Rehabilitative programs

Standard 23-8.3 Restorative justice

Standard 23-8.4 Work programs

Standard 23-8.5 Visiting

Standard 23-8.6 Written communications

Standard 23-8.7 Access to telephones

Standard 23-8.8 Fees and financial obligations

Standard 23-8.9 Transition to the community

Part IX: Grievances and Access to Courts
Standard 23-9.1 Grievance procedures

Standard 23-9.2 Access to the judicial process

Standard 23-9.3 Judicial review of prisoner complaints

Standard 23-9.4 Access to legal and consular services

Standard 23-9.5 Access to legal materials and information

Part X: Administration and Staffing
Standard 23-10.1 Professionalism

Standard 23-10.2 Personnel policy and practice

Standard 23-10.3 Training

Standard 23-10.4 Accountability of staff

Standard 23-10.5 Privately operated correctional facilities

Part XI: Accountability and Oversight
Standard 23-11.1 Internal accountability

Standard 23-11.2 External regulation and investigation

Standard 23-11.3 External monitoring and inspection

Standard 23-11.4 Legislative oversight and accountability

Standard 23-11.5 Media access to correctional facilities and prisoners

The Entire Resource