LEGAL BASIS FOR COMMISSION STANDARDS

• NCJ Number: 53341
• Journal: AMERICAN JOURNAL OF CORRECTION Volume: 40 Issue: 6 Dated: (NOVEMBER-DECEMBER 1978) Pages: 14-17,23
• Author(s): D K SECHREST
• Date Published: 1978
• Length: 4 pages
• Corporate Author: American Correctional Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE REQUIRED STANDARDS OF PRACTICE OF THE COMMISSION ON ACCREDITATION FOR CORRECTIONS ARE DISCUSSED IN RELATION TO THE CASE LAW AND RECOMMENDATIONS WHICH RESULTED IN THE STANDARDS.

Abstract

THE REDRAFTING OF A COMPLETE AND UNIFORM SET OF NATIONAL STANDARDS WAS COMPELLED BY THE PUBLICATION OF VARIOUS STANDARDS BY SEPARATE GROUPS AND BY THE NUMEROUS COURT DECISIONS MADE DURING THE PREVIOUS DECADE. THE STANDARDS APPLIED BY THE COMMISSION ON ACCREDITATION FOR CORRECTIONS WERE DESIGNED TO PROVIDE DOCUMENTED GUIDANCE FOR OFFENDER AND STAFF SAFETY AND WELL-BEING IN CORRECTIONS INSTITUTIONS AND COMMUNITY AGENCIES. THE COMMISSION'S DRAFT STANDARDS WERE REVIEWED BY STAFF AND CONSULTANTS, AND WERE FIELD TESTED AT SIX DIFFERENT INSTITUTIONS. REVISED STANDARDS WERE PUBLISHED AFTER THE APPROVAL OF THE COMMISSION AND THE AMERICAN CORRECTIONAL ASSOCIATION COMMITTEE ON STANDARDS AND ACCREDITATION. IN SUBSEQUENT COURT CASES, THE STANDARDS WERE EXAMINED IN RESPECT TO CONSTITUTIONAL RIGHTS AND THE LEGITIMATE STATES INTERESTS IN THE ADMINISTRATION OF CORRECTION FACILITIES. THE STANDARDS FURTHER REPRESENT A BALANCE BETWEEN EXISTING COURT INTERPRETATIONS AND THE NEED FOR DISCRETION ON THE PART OF PRISON OFFICIALS. HOWEVER, THE STANDARDS FREQUENTLY GO BEYOND CASE LAW AND STATE STATUTES IN ORDER TO PROVIDE CLEAR AND COMPREHENSIVE GUIDELINES. THE CASES OF WOLFF V. MCCONNELL AND BAXTER V. PALMIGIANO CONCERNING DUE PROCESS IN PRISON DISCIPLINARY ACTIONS WERE EXAMINED BY THE COMMISSION AND USED IN THE DEVELOPMENT OF STANDARDS WHICH GO BEYOND THE MINIMUM STANDARDS OF THE COURTS. CONSISTENT WITH SEVERAL COURT RULINGS, THE COMMISSION ENSURES THE RIGHTS OF INMATES TO HAVE ACCESS TO THE COURTS, TO LEGAL COUNSEL, AND TO UNCENSORED MAIL. ADDITIONAL AREAS OF CONCERN INCLUDE SEARCHES OF INMATES' PROPERTY, MEDICAL CARE, SEGREGATION OF JUVENILES, AND PAROLE PROCEDURES. SOURCES OF ASSISTANCE IN THE DEVELOPMENT OF JUVENILE DETENTION STANDARDS INCLUDED THE AMERICAN BAR ASSOCIATION AND THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION. (TWK)