“In 2012, the U.S. Supreme Court, in a 5-4 vote, decided Florence v. Board of Chosen Freeholders, #10-945, 132 S. Ct. 1510, 2012 U.S. Lexis 2712. It changed the landscape, abandoning a focus on the need for a detailed analysis of the presence or absence of reasonable suspicion to justify the carrying out of a strip search. For the Court’s majority, the focus shifted to a less murky dividing line, based on whether an incoming detainee, regardless of what they are charged with or whether there is reasonable suspicion concerning them, is about to enter the general population of the jail or other detention facility. This article examines the facts and reasoning of that decision in some detail, including both the majority and dissenting approaches. It will also try to briefly spell out what the Court’s decision did not decide, and some of the considerations that may enter into deciding the search policy for a facility in light of the new legal landscape on the subject” (p. 301). Sections of this article include: introduction; facts of the case; Florence majority ruling; dissenting opinion; remaining concerns; and some suggestions.
This presentation will increase the user's understanding of the risks associated with the use of restraints, tools to reduce risk, and the proper way to use restraints in custody. Issues discussed include:
- Potential problems and concerns with the use of restraints;
- Terminology, physiology, and medical risks associated with the application and use of restraints;
- Planned and unplanned use of force;
- The need for policy development, training, and monitoring;
- Tools to reduce the risk for asphyxia and death;
- The role and ethical limitations of medical and mental health problems;
- And legal implications and liability.
Liability issues related to correctional training programs are discussed. Participants will be able to:
- Analyze training programs to determine if they are legally defensible;
- Determine the need to acquire copyright permission for material used;
- Identify alternative delivery strategies applicable to a particular setting;
- Apply the elements of a good documentation system to their agency/facility;
- And analyze their current system and develop a plan to correct any deficiencies.
Pertinent forms and handouts are also provided.
The legal liabilities that probation and parole officers face as they perform their duties are explained. Chapters comprising this publication are: an overview of state and federal legal liabilities; civil liability under state law—state tort cases; civil liability under federal law—Section 1983 cases; legal representation, attorneys’ fees, and indemnification; presentence and preparole investigations and reports; supervision; conditions, modifications, and changes in status; revocation; emerging trends concerning liability of probation and parole officers for supervisors; vicarious liability; direct liability for supervisors; agency liability for acts of supervisors; the nature of inmates’ rights; inmates’ rights at parole release hearings; liability of parole officers for crimes committed by released offenders; immunity for parole board officials; and questions, specific concerns, and general advice.
Neck restraints are a valuable but sometimes still controversial procedure for the use of force by police officers and correctional personnel … It is a procedure that is useful when police or correctional officers are in close proximity with suspects or prisoners. While it can be very effective, it requires motor skills training, and attempts at such holds without proper training can turn an improperly applied hold into an air choke. This is especially the case when a subject attempts to resist the hold, such as by attempting to turn around, inadvertently putting pressure on their airway when none was intended … Improperly applied neck restraints that turn into choke holds and restrict the intake of breath can and have in some instances resulted in tragic consequences including death or permanent disability” (p. 101-102). This two-part article looks at the liability issues related to neck restraint use. It is comprised of the following sections: introduction; the U.S. Supreme Court ruling regarding “City of Los Angeles v. Lyons” and aftermath; subsequent law enforcement cases; neck restraints in correctional settings; the 2007 study by the Canadian Police Research Centre; and suggestions to consider.
Topics covered include: some religious issues in jails--head coverings, skirts, Religious Land Use and Institutionalized Persons Act (RLUIPA) and inmates claims, kosher diet, and sincere religious beliefs; Bits and Pieces—Rastafarian dreadlocks search, tobacco ban, and psychogenic polydipsia; and Prison Rape Elimination Act (PREA) enforcement.
Legal issues that impact jails are covered. Topics covered include: basics of the civil litigation process and jail liability reduction strategies; supervisor liability; Religious Land Use and Institutionalized Persons Act (RLUIPA) and "the sincerity test"; searches; the Affordable Care Act (ACA); national origin discrimination as applied to "limited-English proficient" (LEP) inmates; use of force; Prison Litigation Reform Act (PLRA); duty to protect; Prison Rape Elimination Act (PREA) sample training topics; and legal issues pertaining to lesbian, gay, bisexual, transgender, and intersex (LGBTI) inmates.
Among the more difficult challenges existing within personnel management is conflict resolution. This videoconference focuses upon managing conflict in a correctional setting. The panel of experts presents information on the history of workplace conflict, how to identify potential and actual sources of conflict, strategies for agencies to manage workplace conflict and prevent or reduce litigation, methods for agencies to assess their effectiveness in managing conflict, and resources for further assistance. While conflict management is the broad theme particular attention is paid to sexual harassment. Handouts include the Code of Ethics for the ACA and AJA, and a checklist of ideas for proactive personnel management.
"This manual will help jails both to understand risk and its implication for jails and to develop a formal, effective risk management program that uses all of the jail's basic resources (i.e., human, financial, property, partners, and reputation" (p. v). Chapters following an introduction are: understanding risk and its implications for jails; jail risk management issues and strategies; developing a risk management program; and organizational investments for managing risk. Appendixes provide recommended resources, worksheets (Risk Register, Risk Control Implementation Schedule, and Risk Control Action Plan), and evaluating financing options.
This meeting focused primarily on topics related to the role of the jail in the local criminal justice system. Contents include: meeting highlights; justice system coordination and cooperation -- how the jail benefits and the system is improved; criminal justice coordination and cooperation; issues in defining and re-defining the jail's mission; role of the jail in contributing to the efficiency of the local criminal justice system; community oriented policing; roundtable discussion of implications for large jails of the presentations made; legal issues update; and future meeting topics. Appendixes include materials referred to in the meeting summary, meeting agenda, and meeting participants.