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Legal & Liability Update for Jail/Corrections
Length of Seminar:
1 Days
Instructor: Jack
Ryan
Course Overview:
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.
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