The Definition of "Legal-Based" and Why It is Important to Your Jail
What does “Legal-Based” mean? Why is it important?
In the corrections profession, high odds are a new officer hears this statement by an inmate within the first few days of a shift: “You violated my rights!” It is usually followed with the threat of a lawsuit. Such a phrase may spark fear in a new officer or be mocked by a more knowledgeable veteran, but the root of it emphasizes a critical component to our profession–Administrative policies, procedures, operations, and training must all conform to what the law requires.Â
Jails Should Not Rely on Best Practices
While the statement sounds like a no-brainer, prison and jail administrators have historically relied upon best practices as the primary tool to shape how a facility is managed. Unfortunately, that approach is still utilized today, as some agencies continue to adopt corrections standards based more on the philosophies and agendas of the organizations that published them rather than actual case law and statutes applicable to that agency, that, if violated, could lead to adverse outcomes in inmate-filed litigation. Even the Supreme Court has called out this poor practice, openly ruling that these oft-used standards based on best practices do not set constitutional minima, nor can they be relied upon by federal courts in ruling on prisoner litigation.1 Courts have found officials are civilly liable when their conduct violates clearly established law.2Â
Legal-Based: A Defensible Foundation
A legal-based approach provides a defensible foundation for administrations, emphasizing the need to know and understand legal requirements while addressing significant challenges specific to the corrections world. No facility is built the same, nor are the individuals who are incarcerated. Staffing levels, experience differences and the unique circumstances of every event which may occur renders best practices useless. Anticipating and resolving every potential situation is not a luxury of the profession; however, knowing the legal and statutory requirements provide valuable guidance to officials in setting policy and decision making.3
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A legal-based approach cannot be remedied by a national or “one-size-fits-all” solution. National standards simply cannot recognize the difference between various state statute requirements or Circuit Courts of Appeal that vary in interpretation from another.4 The Ninth Circuit and Eleventh Circuit often find themselves in disagreement, requiring the Supreme Court to settle the matters. Federal organizations have also perpetuated this problem,5 forcing standards and contractual agreements upon local and state agencies with complete disregard to variances in statutory and legal requirements from state to state.6
Minimum Standards Fall Short
States which have created “minimum standards” for corrections facilities may inadvertently create a false sense of liability security. The creation of such standards may be helpful in establishing a baseline by which a facility can be audited or inspected but the inspection will be incomplete. By definition, minimum standards cannot include all pertinent legal requirements for corrections officials to consider but instead are written to focus on those subjects which are determined by committee or organization to be of higher importance. This subjective approach ignores the fact that adherence to ALL constitutional requirements, federal legislative acts, Supreme Court and other judicial rulings, and state specific statutory requirements are required for corrections administrators to know and follow. They do not have the right to selectively pick and choose which case law, statute, or ruling is not important on any given day or which requirement can be ignored to safely avoid a lawsuit. A facility may get an A on the inspection report card and unknowingly be noncompliant with statutory laws, a federal act, or a Supreme Court ruling. Many tenured administrators have found themselves wondering how years of successful annual inspections and national accreditations with plaques on the walls failed to protect them from a lawsuit after the fact.     Â
NIJO's Legal-Based Approach is a Win-Win
REFERENCES:
- Bell v. Wolfish, 441 U.S. 520, 543 n.27 (1979); Rhodes v. Chapman, 452 U.S. 337, 350 n.13 (1981). Also see Gregg v. Georgia, 428 U.S. 153, 173 (1976) (joint opinion).
- Rivas-Villegas v. Cortesluna, 595 U.S. 1, 5 (2021); City of Tahlequah, Oklahoma v. Bond, 595 U.S. 9, 12 (2021).
- NIJO LBJG Section A: Introduction
- NIJO LBJG Foreword (Rev. 2023)
- See for example US Marshals, ICE contracts requiring compliance to DOJ PREA Standards 28 CFR 115.12(a),(b) Contracting with Other Entities for the Confinement of Inmates
- See for example 28 CFR 115.14(b) Youthful Inmates (requirement to maintain sight and sound separation for youthful inmates even under circumstances where state laws dictate a juvenile be judicated as an adult.
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What Does Legal-Based Mean and Why Is It Important to My Jail?