NCJ Number
46929
Date Published
1978
Length
20 pages
Annotation
THE IMPLICATIONS OF STANDARDS OF PRISONER'S RIGHTS FOR THE DESIGN OF CORRECTIONAL FACILITIES ARE EXAMINED, AND THE IMPACT ON THE NATURE AND QUALITY OF PRISON LIFE IS DISCUSSED.
Abstract
IN ITS REPORT THE AMERICAN BAR ASSOCIATION (ABA) HAS ENUNCIATED A SET OF STANDARDS FOR PRISONERS' RIGHTS WHICH ARE BASED ON THE BROAD PRINCIPLE THAT PRISONERS RETAIN ALL THE RIGHTS OF FREE CITIZENS EXCEPT THOSE FOR WHICH LIMITATION IS NECESSARY TO INSURE ORDERLY CONFINEMENT AND TO PROTECT THE RIGHTS AN SAFETY OF THE COMMUNITY. THESE STANDARDS COVER THE FOLLOWING AREAS: (1) ACCESS TO THE JUDICIAL PROCESS, LEGAL SERVICE, AND LEGAL MATERIALS; (2) PRISONER EMPLOYMENT AND REMUNERATION BOTH WITHIN THE PRISON AND ON WORK RELEASE OR FURLOUGH; (3) MEDICAL SERVICES AND TREATMENT, REHABILITATIVE PROGRAM AVAILABILITY, AND RESEARCH RESTRICTIONS; (4) SELF-DETERMINATION AND FREEDOM OF CHOICE IN PROGRAM AVAILABILITY AND PROGRAM PARTICIPATION; (5) VISITATION RIGHTS AND FACILITIES; (6) RELIGIOUS FREEDOM; (7) INSTITUTIONAL MAINTENANCE, PRIVACY, AND QUALITY OF LIVING QUARTERS; (8) NO DISCRIMINATORY TREATMENT BASED ON SEX, RACE, RELIGION, OR NATIONAL ORIGIN; AND (9) PRETRIAL DETENTION. IMPLEMENTATION OF THESE STANDARDS WOULD REQUIRE THE DESIGN OF A NEW PRISON COMMUNITY. THE LEGAL RIGHTS STANDARDS WILL HAVE PROFOUND IMPLICATIONS FOR PRISONS WHICH HAVE LONG BEEN SHIELDED FROM SCRUTINY AND WILL AFFECT ALL ASPECTS OF INMATE AND STAFF INTERELATIONSHIPS. THE EMPLOYMENT STANDARDS WOULD ASSIST IN INCREASING INMATE PERSONAL RESPONSIBILITY TO JOB PERFORMANCE AND FOR SELF AND FAMILY SUPPORT. THESE STANDARDS WOULD ALSO HELP PROVIDE TRAINING AND JOB SKILLS WHICH WOULD FACILITATE REENTRY INTO THE COMMUNITY. A NUMBER OF THE OTHER STANDARDS WOULD INSURE THE PRIVACY, INTEGRITY, AND DIGNITY OF THE INMATE TO THE GREATEST EXTENT POSSIBLE. FREEDOM TO LAWFULLY COMMUNICATE AND TO FORM LAWFUL ORGANIZATIONS AND ASSOCIATIONS WOULD ALSO BE GUARANTEED, YET REMAIN CONSISTENT WITH COMMUNITY NEEDS AND ORDERLY CONFINEMENT REQUIREMENTS. OTHER PARTS OF THE ABA REPORT COVER THE IMPLEMENTATION OF STANDARDS, WITH INMATE PARTICIPATION, USING ADMINISTRATIVE, JUDICIAL, AND LEGISLATIVE MEANS. ESTABLISHMENT OF AN OMBUDSMAN RESPONSIBLE TO AN AUTHORITY OUTSIDE THE PRISON SYSTEM AND THE DEVELOPMENT OF FORMAL GRIEVANCE STANDARDS ARE ALSO RECOMMENDED. IMPLEMENTATION OF THE PROPOSED ABA STANDARDS WOULD MEAN AN END TO NONACCOUNTABLE AND UNCONSTITUTIONAL CORRECTIONAL PRACTICES AND POLICIES. ADOPTION OF STANDARDS WILL REQUIRE A CAREFUL RETHINKING OF PRISON ADMINISTRATION AND THE ROLE OF PRISONS. REFERENCES AND A BIBLIOGRAPHY ARE PROVIDED. (JAP)