Member input sought on draft policies.

Editor's note: At the Winter Conference, the Board of Governors and Delegate Assembly adopted a policy on crime prevention. They also reviewed three draft policies on violence reduction, correctional health care and offenders with special needs. The Resolutions and Policy Development Advisory Committee is now seeking member input on the three draft policies. To respond, please contact Robert Brown, Chairman, Resolutions and Policy Development Advisory Committee, 1912 Kuerbitz, Lansing, MI 48906; [phone].

In other ACA business, the Board of Governors and Delegate Assembly reaffirmed, without changes, resolutions on a drug-free correctional workforce, incarceration of undocumented immigrants, no-smoking policies and the term "correctional officer." They reaffirmed, with changes, resolutions on international staff exchange and handgun control. They also adopted a new resolution on the Fair Labor Standards Act.

Draft Public Correctional Policy On Violence Reduction

Introduction: Of utmost concern to the public and those working in both the criminal and juvenile justice systems is the increasing fear of violence in our society. Particularly troubling is the marked escalation of violence among our youths, especially involving the use of firearms. While national data indicate that the violent crime rate overall has declined in recent years, the severity of violent acts and the perception of potential personal injury have risen sharply. There is a sense that the risk of becoming a homicide victim has grown, that the occurrence of gun-related violence is increasing, and that widespread drug trafficking, substance abuse and gang activity are directly linked as causal factors to this problem.

Statement: Traditionally, the response of the criminal justice system -and recently within some segments of the juvenile justice system as well - has been deterrence, punishment and incarceration. While research shows that violent behavior often is related to continued exposure to violence in families, schools, communities, and through the entertainment media, the criminal and juvenile justice systems are in a unique position to assume a more active, focused role in violence reduction/prevention. In particular, corrections professionals and agencies can impact violence through their work directly with offenders and indirectly through their support of violence prevention policies. Specifically, corrections professionals and agencies should:

A. Train corrections staff early on in their work with offenders to recognize those risk factors that contribute to violent behavior and to utilize effective intervention strategies and techniques to reduce violence within this population;

B. Design and implement effective drug and alcohol abuse treatment programs utilizing a wide range of modalities so that a continuum of interventions appropriately addressing this problem is available to all offenders in need and seeking help;

C. Provide offenders and their families counseling and parenting skills training programs that emphasize the need to break the "cycle of violence," whereby a childhood history of physical and psychological abuse predisposes the victim to become a perpetrator of violence in later years;

D. Integrate conflict-resolution models into institutional/corrections treatment programs so that offenders and their families can be taught conflict resolution and life skills competency techniques as effective alternatives to violent behavior;

E. Establish victim impact/awareness programs that bring more balance to the system by allowing victims an increased role in the justice process and by requiring offenders to confront the implications of their violent acts, thereby contributing to the restoration of the offender, victim and community;

F. Provide effective community supervision - including comprehensive, integrated parole/aftercare services - that promotes community protection, aids in the development of offender skills and competency, and holds the violent offender accountable;

G. Initiate across all points of processing within the juvenile justice system a comprehensive approach to the prevention, treatment and remediation of violent behavior among youths;

H. Support a long-term crime reduction strategy that draws on interdisciplinary research and addresses the causes of crime and violence in a comprehensive and integrated manner, including providing employment opportunities, strengthening families, building strong neighborhoods, increasing community involvement, and enhancing the quality of education and other social institutions;

I. Build partnerships that improve communication and collaboration and share technologies, information and intelligence among the key stakeholders in the criminal and juvenile justice systems, elected officials and the community to combat violence;

J. Support firearm control legislation and measures to reduce deaths, injuries and suicides from firearms and reduce their availability to violent offenders, juveniles and untrained owners; and

K. Support mass media campaigns against violence and efforts to encourage the media and entertainment industries to adopt practices that deglamorize violence.

Draft Public Correctional Policy On Correctional Health Care

Introduction: Incarcerated individuals, or those in the custody of criminal justice agencies, have a right to adequate health care under the Eighth Amendment to the Constitution. Correctional jurisdictions must use a comprehensive, holistic approach to providing health and mental health care services that are sensitive to the cultural, subcultural, and age- and gender-specific needs of a growing, diverse population. All services provided must be consistent with contemporary health care standards. To ensure accountability and professional responsibility, these services should follow the policy guidelines set forth below and the health and mental health care standards of the American Correctional Association.

Policy Statement: Health care programs for offenders include comprehensive health, medical, dental and mental health services. Such programs should:

A. Be delivered by qualified and appropriately credentialed health care professionals;

B. Include a comprehensive health promotion and disease prevention program designed to meet the specific health maintenance needs of the specific residential population, which includes health, nutrition and safety education programs;

C. Employ a stratified system of service delivery to maximize the efficient utilization of health and mental health care resources;

D. Include corrections officers who work in health and mental health care units as active participants in the multi-disciplinary treatment team;

E. Create community linkages that will facilitate the continuation of the treatment plan by community health and mental health care agencies for appropriate persons released from incarceration;

F. Establish appropriate classification, program and housing assignments for the chronically ill and elderly offender. Health and mental health programs must be developed that address the unique needs of the geriatric population;

G. Establish a compassionate release program for the qualified terminally ill offender;

H. Establish comprehensive health, mental health, housing and substance abuse programs that are specifically designed for the special needs of female offenders;

I. Upon intake screening, provide all offenders with oral and written information concerning access to health and mental health care services, followed by more formal instruction during the institution admission and orientation program;

J. Provide continuous, comprehensive services commencing at admission, including effective and timely screening, assessment and treatment, and appropriate referral to alternate health care resources where warranted;

K. Establish a system to provide access to emergency treatment 24 hours per day;

L. Establish a formal process to screen for, identify, treat and manage inmates with infectious diseases;

M. Provide appropriate health care training programs that are cognizant of cultural, subcultural and gender issues for all correctional and health care staff, and allow for continuing professional and medical education programs where appropriate;

N. Provide a medical records system to document diagnosis and treatment programs to facilitate treatment continuity and cooperation between health care professionals, consistent with privacy, confidentiality and security requirements;

O. Restrict physicians to prescribing medications from an established formulary and provide a pharmaceutical distribution system that conforms to applicable state and federal laws;

P. Provide a continuing quality improvement program using risk management programs; precertification, concurrent and utilization review; and peer review activities to monitor and evaluate the health care services delivered;

Q. Establish a Patient Bill of Rights;

R. Provide a system for medical and administrative review of grievances relating to any health care offered, provided or denied;

S. Provide screening for dual-diagnosis and substance abuse; and

T. Provide all new inmates with oral counseling or written information about their medication. This information ideally should be provided by pharmacists.

Editor's note: For background information related to the draft policy on correctional health care, please contact ACA, 4380 Forbes Blvd., Lanham, MD 20706-4322; [phone].

Draft Public Correctional Policy On Offenders with Special Needs

Introduction: The provision of humane programs and services for the accused and adjudicated requires addressing the special needs of certain offenders. To meet this goal, correctional agencies should develop and adopt procedures for the early identification of offenders with special needs. Agencies should provide the services that respond to those needs and monitor and evaluate the delivery of services in both confined and community settings.

Policy Statement: Correctional systems should ensure provision of specialized services and programs to meet the special needs of offenders. To achieve this, they should:

A. Identify the categories of offenders who will require special care or programs. These categories include:

1. Offenders with severe psychological needs, mental retardation, significant psychiatric disorders, behavior disorders, multiple handicaps, neurological impairments and substance abuse problems;

2. Offenders who are physically handicapped or chronically or terminally ill;

3. Offenders who are elderly;

4. Offenders with severe social and/or educational deficiencies, learning disabilities or language barriers;

5. Offenders with special security or supervision needs, such as protective custody cases, death row inmates and those who chronically exhibit potential for violent or aggressive behavior; and

6. Sex offenders for whom appropriate treatment may reduce the risk of reoffending conduct.

B. Identify offenders needing such special services and provide such services in a manner consistent with professional standards. Such services and programs may be provided within the correctional agency itself, or by referral to another agency that has the necessary specialized program resources, or by contracting with private or voluntary agencies or individuals that meet professional standards;

C. Maintain appropriately trained staff and/or contractors for the delivery of care, programs and services;

D. Maintain professionally appropriate record keeping of the services and programs provided;

E. Evaluate the quality and effectiveness of services provided; and

F. Provide leadership and advocacy for legislative and public support to obtain the resources needed to meet these special needs.

ACA Resolution on an International Staff Exchange Program

The American Correctional Association has long supported the development of cooperative relations among correctional personnel throughout the world and has had a standing committee on international relations for a number of years.

WHEREAS, the establishment of an international staff exchange program promotes meaningful working relations with corrections professionals in other countries; and

WHEREAS, the American Correctional Association strongly supports an international staff exchange program to provide an opportunity for corrections staff to gain insight into correctional issues and management techniques worldwide;

THEREFORE BE IT RESOLVED that the American Correctional Association encourages all correctional agencies to take a supportive role and participate in an international staff exchange program.

ACA Resolution on Handgun Control

WHEREAS, Americans die annually in handgun suicides, handgun homicides and handgun accidents;

WHEREAS, young children are killed yearly with handguns;

WHEREAS, many law enforcement officers killed in the line of duty are shot with handguns;

WHEREAS, the easy availability of handguns often escalates the seriousness of domestic altercations and also crimes committed by young people, and thereby contributes to prison crowding; and

WHEREAS, homicide (often with a handgun) is now the leading cause of death among young black Americans;

THEREFORE BE IT RESOLVED that the American Correctional Association joins with other criminal justice organizations in calling for tougher handgun control at the federal, state and local levels.

ACA Resolution on the Fair Labor Standards Act

WHEREAS, correctional industries and institutional work represent critical activities yielding social, economic and management benefits for the corrections agency, the inmate and the public at large;

WHEREAS, correctional industries and institutional work programs reduce idleness in institutions that are, on average, more than 130 percent of capacity;

WHEREAS, correctional industries are programs designed to train and employ as many inmates as possible, and, as such, they carry additional financial burden not found in the private sector; yet, at the same time, they must be financially self-supporting;

WHEREAS, inmates are not employees who should enjoy full benefits offered by an employer to an employee;

WHEREAS, correctional industries and institutional work programs cannot absorb the financial burden of paying minimum wage and continue to operate as they exist;

WHEREAS, the consequences of designating inmates as employees will result in the imposition of an unnecessary tax burden;

WHEREAS, it is important that it be made clear that Congress did not intend inmates to be considered employees under the Fair Labor Standards Act; and

WHEREAS, it is essential to terminate the numerous and costly lawsuits filed by inmates in courts around the nation;

THEREFORE BE IT RESOLVED that the American Correctional Association hereby expresses its support for proposed federal legislation HR3705, which seeks to clarify that inmates are not employees and are not entitled to minimum wage by specifically excluding prison and jail inmates, except those employed in Prison Industries Enhancement and work release programs, from the minimum wage provisions of the Fair Labor Standards Act.