NCJ Number
123817
Journal
American Jails Volume: 4 Issue: 1 Dated: (May/June 1990) Pages: 38-40
Date Published
1990
Length
3 pages
Annotation
A correctional administrator who has been involved in the negotiation and implementation of several significant consent decrees in Pennsylvania presents 13 guidelines for use by administrators in negotiating and carrying out such a decree if their lawyers advise them that such an approach is the only available settlement device.
Abstract
The first rule is to establish a good relationship with the attorney. Further rules are to take nothing for granted and to receive written copies of all drafts of the proposed consent decree. Administrators should also avoid agreeing with any measure that they cannot live with or implement, ensure that costs and funding sources have been identified, and determine what is required under the United States Constitution. Other rules are to make time frames realistic, to insist on having an ending date for performance, and to keep superiors and crucial staff informed regarding the negotiations. Administrators should also have realistic expectations, designate specific staff for overseeing their areas of responsibility affected by the decree, thoroughly inform managers about their responsibilities, and include a clause permitting modifications if situations or circumstances change.