Perf-Based Stds, Adult Corr. Inst. 5th ed March 2021

Performance Standard 3D: Inmate Rights

3D. - PERFORMANCE STANDARD: INMATE RIGHTS The facility protects the constitutional rights of offenders and seeks a balance between the expression of protected liberties and the pres- ervation of institutional order. Outcome Measures: (1) Number of grievances found in an inmate’s favor divided by the number of grievances filed in the 12-month period. Access to Courts

5-ACI-3D-01 (Ref. 4-4274)

Written policy, procedure, and practice ensure the right of inmates to have access to courts.

Comment : The right of access to the courts minimally provides that inmates have the right to present any issue, including the following: challenging the legality of their conviction or confinement; seeking redress for illegal conditions or treatment while under correctional control; pursuing remedies in connection with civil legal problems; and asserting against correctional or other government authority any other rights protected by constitutional or statutory provision or common law. In- mates seeking judicial relief are not subjected to reprisals or penalties because of the decision to seek such relief.

Protocols : Written policy and procedure.

Process Indicators : Facility logs. Inmate interviews. Attorney interviews.

Access to Counsel 5-ACI-3D-02 (Ref. 4-4275)

Written policy, procedure, and practice ensure and facilitate inmate access to counsel and assist inmates in making confidential contact with attorneys and their authorized representatives; such contact includes, but is not limited to, telephone communications, uncensored correspondence, and visits. Comment : Institutional authorities should assist inmates in making confidential con- tact with attorneys and their authorized representatives; these representatives may include law students, special investigators, lay counsel, or other persons who have a legitimate connection with the legal issue being pursued. Provision should be made for visits during normal institutional hours, uncensored correspondence, telephone communications, and after-hours visits requested because of special circumstances.

Protocols : Written policy and procedure.

Process Indicators : Inmate interviews. Facility log. Attorney interviews. Observation.

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