The Minimum Standards For Local Correctional Law Constitutional Administrative Essay

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02 Nov 2017

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INTRODUCTION

The author will look into the Minimum standards for local correctional facilities from the Tennessee Department of Corrections which will cover the following sections, Physical plant, Administration/Management, Discipline, Food services, Medical Services and Hygiene. The author wills than analyses how these sections are covered in the Namibia Constitution, Prison Act and Regulations and how well it compares with International standards and with the Tennessee Department of Corrections.

PHYSICAL PLANT

The Minimum standards for local correctional facilities from the Tennessee Department of Corrections stipulated the various measurements that a jail has to comply with.

It makes provision for lightning of at least twenty (20) foot candles on the average to be measured three (3) feet of the floor. There shall be natural light and forced ventilation in all new and existing facilities. The temperature shall be not less than sixty five (65) degrees Fahrenheit and no more than eighty (80) degrees Fahrenheit in sleeping and activity areas. Clear floor space in a single occupancy cell shall be fifty (50) square feet with a ceiling height of not less than eight (8) feet. There shall be a reasonable amount of usable floor space for any in-cell activities of inmates.

The Corrections Institute shall decide on any questions pertaining to sufficiency of cell dimensions. A single-occupancy cell shall be forty five (45) square feet with a cell height of at least eight (8) feet. A bunk, water closet and lavatory shall be in a single cell. Not more than sixteen (16) persons shall be accommodated in multi-occupancy cells in new facilities according to the Minimum standards for local correctional facilities from the Tennessee Department of Corrections. In sleeping areas a minimum of forty (40) square feet of clear floor space hall be provided for each inmate and a cell evaluation of not less than eight (8) feet. Multi-occupancy cells in existing facilities shall allow twenty five (25) square feet of floor space per inmate with a ceiling height of eight (8) feet.

Dormitories, in new jails and workhouses, shall not accommodate more than sixty four (64) persons with a minimum of twenty five (25) square feet of clear floor space and a ceiling height of not less than eight feet. Dormitories in existing jails and workhouses shall provide for twenty five (25) square feet of floor space. Provision for a day room, with thirty five (35) square feet per inmate for the maximum number of users at one time, is made. For each cell block or cluster of cells shall have a day room which has a minimum of thirty five (35) square feet of floor space per prisoner. Dayrooms are not required in existing facilities. Operable toilets and washbasins shall be provided to inmates on a ratio of at least one (1) toilet and washbasin to every twelve (12) male inmates and one (1) toilet and washbasin for every eight (8) female inmates. One (1) operable shower for every sixteen (16) prisoners shall be available to inmates without leaving their cell area while workhouses shall have at least one (1) operable shower for every sixteen prisoners.

The Minimum standards for local correctional facilities from the Tennessee Department of Corrections makes provision that new facilities shall provided with at least one single cell for separation and control of problem inmates. The following shall feature in this single cell: High security light fixture, forced air ventilation, unbreakable water closet and lavatory with control valve located outside the cell and a concrete bed at least twelve (12) inches off the floor, not higher than sixteen (16) inches off the floor. There shall also be one (1) special purpose cell to provide for the temporary detention of persons under the influence of intoxicants. The following features shall be contain in this cell, flushable drain or unbreakable water closet and lavatory, high security light fixture, forced air ventilation, no structural projections, concrete bed at least twelve (12) inches off the floor, not higher than sixteen (16) inches off the floor in new facilities and continuous monitoring by detention staff.

Space inside the security perimeter shall be provided, separate from living areas and administrative offices. The following components shall be feature in this space: pedestrian sally port, telephone facilities for use by the prisoners, a shower, toilet and washbasin. There shall be a visiting area to allow prisoners at least one hour of visitation each week. Private interview rooms shall be provided for the use of attorneys and for interrogation of prisoners by law enforcement agencies. At least one (1) multi-purpose room shall be provided for conducting programs and for prisoner exercise in new facilities. A secure outdoor recreation area at new facilities with dimension of at least thirty (30) feet by thirty (30) feet shall be provided and space for a physician to conduct sick call examine patients in privacy and render routine medical treatment.

A secure control centre shall be provided at every facility which will be manned around the clock through which telephone and other communications are channeled. The location of the control centre shall provide good visibility or be equipped with a monitoring device and shall monitor the operation of various systems including fire alarm, smoke and thermal detection, public address, radio and other mechanical and electronic systems as warranted. In all housing areas access to portable water shall be located. An emergency power source shall be provided to activate at times of power failures. Any electric locks shall have the capacity for manual operation at every facility. Their shall be exit signs at each exit which are distinctly marked. Operable floor drains shall be provide for in all kitchens, dinning rooms, multiple toilet areas and corridors.

Cells which accommodate the facility’s classification plan shall be available. The Tennessee Corrections Institute and the State Fire Marshal’s Office shall review and approved all plans for new facility construction and renovation.

Although the UN Standard Minimum Rules for the Treatment of Prisoners did not specify the erection of new facilities it provides in detail guidelines how to treat inmates in facilities. The Namibian Constitution in Chapter 3 provide again for the protection of fundamental Human Rights and freedoms. (Namibia, The Namibia Constitution, 2010)

The Prisons Act (Act No. 17 of 1990) on the other hand makes provision in Section 2 for the establishment, function and administration of the Namibian Prison Service. (Namibia, Prisons Act, 1998 (Act No, 17 of 1998), 1998).

The Namibia Correctional Service handles the erection and renovation of prisons very secretively as it can become a security risk if known to all. The erection and renovations of buildings is done by the Ministry of Works, Transport and Communication on behalf of Ministries. The NCS can improve by make this information known to their members. The author has find though that existing facilities are build on during the colonial era and are not conducive for rehabilitation only to lock-up inmates and keep them safe until release while on the other hand new facilities are build for the rehabilitation of inmates.

ADMINISTRATION/MANAGEMENT

According to the Minimum standards for local correctional facilities from the Tennessee Department of Corrections fiscal records at each facility have to indicate the total operating cost and these records shall have an itemized breakdown of the total operating supplies. There shall be written policies and procedures governing the facility’s operation at each jail which will be reviewed annually and updated as needed. The sheriff, chief or warden will make approved policies and procedures available to each employee.

It also stated that contingency plans are made available and employees are familiar to them. Fire drills for each shift must be done every six (6) months and the dates must be documented. On admission a prisoner shall be provided of a list of articles and materials he are allowed to taken into the cell. No prisoner shall be discriminated against based on race, national origin, colour, creed, sex economic status or political belief as provided for in written policies and procedures.

To secure prisoner housing areas no padlocks or chain are to be used. This policy also describe the number of hours a prisoner is allowed outside his cell and indicates that records shall be maintained how long inmates have access to additional living areas. (Corrections, 2004, p. 11)

The UN Standard Minimum Rules for the Treatment of Prisoners (Nations, 1977, p. 1) who gives guidelines in the treatment of prisoners worldwide makes provision that there shall be no discrimination on grounds of race, national origin, colour, creed, sex economic status or political belief. Registers to who have personal information of prisoners must be kept. It also stated that male, female and young offenders be kept apart.

The Namibia Correctional Service makes provision for the administration of prisoners in part II of the Prisons Act (Act No. 17of 1998) where it states that the Officer in Charge shall "direct, supervise and control all administrative matters relating to such prison". According to this Act the Officer in charge shall issue directives or instructions to prison members and prisoners, e.g. institutional orders, contingency plans and keep it in respect of such prison as may be required by the Commissioner-General. This Act also made provision for the inspection of prisons as prescribe by the Commissioner-General,

Although the Prisons Act (Act No. 17of 1998) is silent on discrimination the Namibian Constitution in Chapter 3, Article 10 (2) stated ‘No person may be discriminated against on the grounds of sex, race, colour, ethnic origin, creed or social or economic status". (Namibia, The Namibia Constitution, 2010, p. 8). The Prison Act (Act No. 17 of 1990) Section 65 makes provision that this Act and any rule, standing order or administrative directive that is relating to the treatment and conduct of prisoners made available to prisoners. The prisons regulations are silence on the administration of prisons where it can be used to strengthen the Prison Act on this matter. The Institutional orders of the Institution can be used to again highlight the administration as describe in the said Act and Regulations.

The Namibia Correctional Service had provisions in place for the administration of Prisons but the author suggested that a more detailed policy be made available on exactly what is expected from the Officers in Charge, members and inmates. The Prison regulations can incorporate a section for the administration of Prisons.

DISCIPLINE

According to the Minimum standards for local correctional facilities from the Tennessee Department of Corrections each inmate shall be given written facility rules along with sanctions and disciplinary procedures when violating such rules and a record maintained of this transaction. Other inmates such as socially, mentally or physically impaired shall be assisted by members. Staff members shall prepare a disciplinary report which contains personal information of the inmate, relevant information surrounding the incident and signature of reporting staff member. Written policies and procedures governing disciplinary and administrative action shall be develop by each facility. Hearings should be held and various administrative due process shall followed including prisoner receives written notice of charge and time of hearing, prisoner be allowed to prepare for hearing not less than 24 hours, Prisoner has the right to call and cross examine witnesses, the reason why limitations are place on testimony of witness and there must be an appeal process. When a prisoner is found not guilty all disciplinary reports has to be removed from prisoners file. Corporal punishment is prohibited. Physical force shall thoroughly documented with a detailed account who was involved.

The UN Standard Minimum Rules for the Treatment of Prisoners states that no prisoner shall be employed in any disciplinary capacity. (Nations, 1977, p. 6). The rules stated that the competent administrative authority shall determine always: The type and duration of punishment which may be inflicted, the authority who is competency to impose such punishment, the prisoner have to be informed of the alleged offence and give proper opportunity to present himself, the prisoner to make use of a interpreter, Inhumane or degrading punishment is prohibited and the medical officer to have access to prisoners if reduction of diet is implemented.

The protection of fundamental human rights and freedom is protected in Chapter 3, Articles 5-25, of the Namibia Constitution. (Namibia, The Namibia Constitution, 2010, p. 7). The Prison Act (Act No. 17 of 1990) Chapter 3, Part IX stipulate the Major and Major prison offences and describe further how an inquiry into, of trail of, prison offences be conducted. This section also deals intensively on the penalties for minor and major prison offences to be imposed at an inquiry. The Act is further strengthened by the Prison Regulations Chapter 3, Part IV, Discipline of Prisoners. (Namibia, Regulations for the Administration and Control of the Namibian Prison Service, 2001, p. 44). This Section of the Prison Act and Regulations are in line with the UN Standard Minimum Rules for the Treatment of Prisoners and compare well with international Prison Institutions.

Although the Namibian Correctional Service compete well with International practices on the discipline of prisoners the author feel that more can be done to discipline prisoner better and make them aware of the different offences, penalties for committing offences and the consequences of committing offences. This can be done when prisoners are admitted at Institutions before they come into contact with the present inmate population.

FOOD SERVICES

The Minimum standards for local correctional facilities from the Tennessee Department of Corrections states that a menu approved by a dietician and food guidelines are used at each facility. Prisoners who are engaged with work shall receive three (3) meals every twenty (24) hours with no more than Fourteen (14) hours between two (2) meals of which two meals shall be served hot. It further stated that meals shall be prepared under the direct supervision of staff. Accurate records are to be maintained on the number of meals served per day, the actual food served and meals schedule as provided for in written policies and procedures. Food must not be used as a reward or disciplinary measures while special diets are prepared when requested by medical staff or physician. Insecticide must be kept away from food and stoves shall be equipped with operable hooded exhaust system of which the filters are kept clean.

According to the UN Standard Minimum Rules for the Treatment of Prisoners the administration shall provide every prisoner with food of nutritional value sufficient for health and strength, well prepared and served. (Nations, 1977, p. 4)

The Prison Act (Act No. 17 of 1990) Section 66 (b) stipulates that the Officer in Charge may permit any prisoner to "receive from outside of the prison such food, unfermented drink under strict examinations". (Namibia, Prisons Act, 1998 (Act No, 17 of 1998), 1998, p. 61). Similarly, the Prisons regulations section 255 stipulate that a prisoner be provided with food which has an adequate nutritional value according to a prescribe diet scale, well prepared and served. Regulation 256 makes provision for the inspection of food and water by the medical officer and reports such findings to the Commissioner-General. Regulation 257 indicates that only rations according to the prescribe diet scale be issued to a prisoner unless otherwise prescribe by a medical officer. This section of the Act and Regulations did not prescribe the serving of food and water well although it compare well with international standards.

The Namibian Correctional Service (NCS) can improved this service by employed a dietician or make use of a dietician from the Ministry of Health and Social Service to improve food service at the Institutions. The author is of the opinion that qualified chefs be appointed at all Institutions to supervise the preparation of food and the food be prepared by inmates with chef skills. The NCS can also have programs with outside institutions to train inmates to become chefs.

MEDICAL SERVICES

The responsibility of a designated medical authority such as a hospital, clinic or physician shall provide medical services to a facility according to the Minimum standards for local correctional facilities from the Tennessee Department of Corrections. Where a prisoner may be in need of medical treatment the facility shall notified the medical authority and document it. Prisoners shall be prohibited by written policy and procedure from performing medical services. It also stated that first aid kits be made available with a physician approving the number, contents and location of such kits and document it. Upon admission screening of prisoners must take place and the findings have to be recorded. Dental treatment shall be provided when the health of the prisoner would be affected during confinement. Prisoners on admission with medicine must be confiscated and verified by a physician before administrated.

It is stated that medication be strictly controlled and only given by doctors orders. Medication must only be issued by physician or his designee included controlled drugs and injections. It also stipulated that medical records be kept in a separate file from the prisoner’s records which shall indicate all medical orders issued by the jail physician and other medical personnel. These records shall be retained for a period of five years after the release of a prisoner. It makes provision that prisoners with communicable diseases shall be housed separate from other inmates. (Corrections, 2004, pp. 21-22)

According to international standards as prescribe in the UN Standard Minimum Rules for the Treatment of Prisoners every Institution shall have the service of at least one qualified medical officer and organised in close relationship with the general health administration of the community. Sick prisoners shall be transferred to civil hospitals or specialised institutions if they required specialised treatment. Every prisoner shall have the service of a qualified dental officer available.

Pre-natal and post-natal care and treatment shall be available in all women institutions. Where practical possible all births should be delivered at outside hospitals and if a child is born inside a prison it must not be reflected on his birth certificate. A nursery staffed by qualified persons shall be available where infants are nursed in an institution. A medical officer shall examine every prisoner on admission and discharge and report to the director of the prisons whenever he consider a prisoner physical or mental health has been or will be injuriously affected by continued imprisonment. Regular inspections by the medical officer on quantity, quality, service of food, hygiene, cleanliness of the Institution and the prisoners and the cleanliness of prisoners clothing and their bedding is also provided for in the UN Standard Minimum Rules for the Treatment of Prisoners. (Nations, 1977, pp. 5-6)

The NCS makes provision in the Prisons Act (Act No. 17 of 1998) Sections 19, 20, 21 and 22 for the appointment, powers and duties of a medical officer. The appointment of a medical officer with more than three years experience shall be appointed by the Commissioner-General or in the absence of a medical officer the Permanent Secretary of health may designate the district medical officer to serve as part time medical officer for that prison. The responsibilities of the medical officer included amongst other to ensure that a prisoner is examined on admission and discharge, visit the prison daily or at other regular intervals, keep records of prisoners health, report to the officer in charge any circumstances or conditions regarding the prison, prisoner or treatment of prisoners. (Namibia, Prisons Act, 1998 (Act No, 17 of 1998), 1998, pp. 20-22)

The Prisons regulations supplement the prisons Act in Regulations 246 -249 under the title Medical and Hospital Services. Again in the same manner, regulation 246 makes provision that a hospital be establish at every prison and equip according to local requirements and be staffed by trained staff. Regulation 247 again made provision that the medical officer visit examine and report to the Commissioner-General the condition of prison and prisoners. Regulation 247 provides that consultation with other medical practitioners can take place while regulation 248 provides that the Commissioner-General may permit a prisoner to visit private medical and dental services on request. The legal instruments of the NCS are in par with international standards.

Although the legal instruments are in place at the Namibian Correctional Service (NCS) the author believes much can be done to improve the medical services at the NCS. According to the Monthly statistics of February 2012 a total of ten nurses out of 35 posts at all institutions are available. No Medical officer (Doctor) is employed by the NCS although the organisational structure made provision for 4 doctors. The current nurses are overworked and although no claims against the NCS were made if not more nurses are appointed it will happen. The cost to transport inmates to outside hospitals just too received pain killers is very high. This manpower can be utilizing some where else.

HYGIENE

The following standard clothing for both female and male inmates shall be issued if they are housed longer than forty-eight (48) hours according to the Minimum standards for local correctional facilities from the Tennessee Department of Corrections Clean socks, clean undergarments, clean outer garments and footwear. The following minimum hygiene items shall be made available to prisoners: soap, toothbrush, toothpaste, comb toilet paper and shaving equipment, these items can be bought by the prisoners or on state expense. Arrangements for hair cuts shall be made available. Adequate bedding shall be provided to all prisoners. (Nations, 1977, pp. 25-27)

According to International standards prisoners shall keep their persons clean and shall be provided with water and such toilet articles as necessary. Hair and beard of male prisoners shall be shaved regularly. Sentenced prisoners shall be provided with suitable clothing and adequate to keep him in good health and clothing shall in no manner be degrading or humiliating. For the maintenance of hygiene under wear shall be changed and washed as often as necessary. Whenever a prisoner is removed outside the institution he shall wear his own clothing. The International standards also stated that prisoners shall provide with a separate bed and with sufficient bedding which shall be kept clean and in good order.

Prison regulation 250 states that washing, bathing facilities and toilet requisites be made available to all prisoners while Prison regulation 251 provided for the shaving and cutting of hair. Prison regulation 258 states that a sentenced prisoner must on admission be provided with a complete outfit of prescribe clothing, and only such clothing must be worn during his imprisonment. This section of the NCS legislation needs a lot of improvement as it falls short of international best practises.

The author believes that a more comprehensive section be included in the Prisons Act to make provision for hygiene in Prison. The legal instruments can be improved to make provision that inmate who attends outside court cases wear their private clothes and those not in a position to buy that the state provided them with clothing. The provision of cleaning material and toiletries made more available to inmates.

CONCLUSION

To summarise, the author feels that Namibia as a Developing country in comparison with the Tennessee Department of Corrections compete well although some improvements can be made in all aspects except in Discipline where the Namibian Correctional Service compete well internationally.

With support from the Government the NCS will on a later stage compete internationally well and live up to his Vision which stated "to be the leader in Correctional Service in Africa".



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