LEGAL UPDATE - JAILS/CORRECTIONS

Length of Seminar: 1 Day
Instructors: Jack Ryan, J.D.

COURSE OBJECTIVES:

Whether it is called a jail, a prison, or a custodial center, the purpose of the facility is to detain. Loss of freedom of choice and privacy are inherent incidents of confinement in such a facility.  U.S. Supreme Court, Bell v. Wolfish

Jails are designed primarily to function as holding places for those who are held awaiting trial (those who are in custody, not having been released on bail or on recognizance). Jails also hold some persons who are serving sentences.

The security concerns for jails, because they may be required to hold any level and type of prisoner, are similar to those for prisons. The Supreme Court affirmed this in Bell v. Wolfish:

• There must be a "mutual accommodation between institutional needs and objectives and the provisions of the Constitution that are of general application." This principle applies equally to pretrial detainees and convicted prisoners. A detainee simply does not possess the full range of freedoms of an unincarcerated individual . . . (M)aintaining institutional security and preserving internal order and discipline are essential goals that may require limitation or retraction of the retained constitutional rights of both convicted prisoners and pretrial detainees... There is no basis for concluding that pretrial detainees pose any lesser security risk than convicted inmates. Indeed, it may be that in certain circumstances they present a greater risk to jail security and order.

Jail administrators must be aware of the court holdings and the constitutional and legal standards for both pretrial detainees and sentenced inmates, because both kinds of inmates are confined in jails. This training module will review holdings and standards that apply to jails, focusing on those that are peculiar to the main jail population: pretrial detainees.

• A jail is a special community with very specific outer boundaries. The interior components of a jail also resemble a community. To run effectively, jails require a high degree of uniformity. The jail environment, by its very nature, may contribute to the filing of litigation.



• Prisoner's rights are principally those rights that are guaranteed under the U. S. Constitution and that apply to the situations in which inmates find themselves. Those rights are primarily pursued in the courts through a federal civil rights statute, 42 U.S.C. * 1983



• In Section 1983 suits, inmates usually seek monetary damages. Courts may also give injunctive relief in such suits. Money damages are awarded against the individual officials who have been shown to be responsible for violating constitutional rights. Corrections staff, therefore, must be concerned, individually, about the impact of civil rights lawsuits that may be bought against them.



• The first, and leading, rule for corrections workers is to follow agency policy. Policy should always be written to include any current requirements guaranteed by the Constitution, as interpreted by the courts. It is the responsibility of agency administrators and lawyers to make sure that policy does reflect, at a minimum, those constitutional guarantees.



• Other rules for corrections workers are to get good training in all aspects of the job; to become familiar with the law (statutory and court rulings) that directly affects the job; to identify and follow a good mentor; and to keep good records of work performed and of any unusual incidents.