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.
"Jails and prisons are constitutionally mandated to provide adequate medical care to those in their care, since prisoners and detainees cannot seek medical treatment on their own. Deliberate indifference to the need for treatment of a known serious medical problem can result in civil liability. A number of cases have made it clear that included in this requirement is treatment for eye and vision problems" (p. 1). This article looks at the case law related to the mandated provision of eye and vision care. Sections cover: cataracts; glaucoma; the impact of high blood pressure, diabetes, and cancer ion eyes and vision and the need for treatment; other medical conditions; physical injury; self-injury; eye and vision specialists; and seven recommendations.
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.
The Constitution protects inmates in jails and prisons, and this paper discusses the continuing challenge of deciding what those protections mean in practice and the struggle to assure that inmate rights are met. "Condition cases" have resulted in courts reducing jail populations and have a great impact on facility design and operation and the cost of operating a jail. Legal issues whose impact are primarily operational are also highlighted. The title: Jails and the Constitution: An Overview (#022570) supersedes this title.
This publication "reviews the history of correctional law and summarizes the results and effects of major court decisions" (p. 4). Sections comprising this document include: introduction; history of court involvement; corrections and the Constitution in a new century; the Constitution and the physical plant; understanding Section 1983 lawsuits; how courts evaluate claims -- the balancing test; the First Amendment; the Fourth Amendment; the Eighth Amendment -- overview; the 8th Amendment -- use of force; the 8th Amendment -- medical care; the 8th Amendment -- conditions of confinement; the Fourteenth Amendment; consent decrees; some final thoughts; glossary; and selected cases.
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.