Corrections_Today_May_June_2020_Vol.82_No.3

Policies and Resolutions

they can coordinate initial activation of the facility. Initial activation activities include recruiting staff, transitional training, pre- paring equipment and supply orders, and documenting operational procedures; H. Engage in an ongoing process of research and evaluation to develop, improve and recognize the most operationally effective and cost-efficient design features, equip- ment technologies and procedures; and I. Support appropriate and cost-effective strategies that are resource-efficient and environmentally responsible. J. Support appropriate and cost-effective strategies that are resource-efficient and environmentally responsible. Public Correctional Policy on Legal Issues and Litigation Policy Statement: Adherence to law is fundamental to responsible correctional practice. Unnecessary litigation can be avoided through sound management, effective use of the adversarial process to resolve issues that are litigated and professional compliance with judicial and other applicable orders. To achieve sound management of legal issues, correctional agencies should: A. Use the standards and accreditation process of the American Correctional Association and the Commission on Ac- creditation for Corrections as a method to develop and maintain professional practice; B. Seek the support of government officials and the public to provide the capital and operational resources that will help mini- mize unnecessary litigation;

C. Remain informed about current develop- ments in the law to anticipate and avoid emerging legal problems; D. Train staff about legal issues and respon- sibilities and provide them with legal representation when appropriate; E. Attempt to resolve potential legal prob- lems through dispute resolution techniques such as administrative grievance proce- dures and classification appeal; F. Negotiate and settle litigation when agree- ments can be developed consistent with professional correctional practice; G. Litigate, when no professionally reason- able alternative is possible, with the best legal and correctional expertise available and with full preparation and development of the case; and H. Implement court and other applicable orders in a professional manner. Introduction: Historically, correctional programs have been operated by public agencies, but there is ongo- ing use of public-nonprofit and/or for for-profit partnerships (hereafter referred to as the private sector). Private sector organizations may have re- sources for the delivery of services that often differ from the public correctional agency. Policy Statement: Government has the ultimate authority and re- sponsibility for corrections. For its most effective operation, corrections should use all appropriate resources, both public and private. Government Public Correctional Policy on Private Sector Involvement in Corrections

90 — May/June 2020 Corrections Today