Qualified immunity, good-faith defense depends on knowing and complying with clearly established law – not BEST PRACTICES. “Best practices” are often quoted as a feel-good answer to justify administrative policies and positions; however, the highest courts of the land have openly disagreed.
Policies, procedures and training must be centered and built around current case law and state statutes. While that may sound easy to implement, most administrators do not have the time, resources or ability to research applicable case law. Further damaging, training is often based on best practices rather than case law. In a world where jail resources are scarce and recognizing something is better than nothing, most rely on neighboring agencies to obtain needed policies, procedures and practices without knowing where they come from or why.
National correctional standards put forth by limited organizations, while useful, are not created to be defensible in court. A Once size fits all set of national standards cannot, for example, recognize differences between various state statute requirements or Circuit Courts of Appeal that differ in interpretation one from another. To be legally safe, correctional facilities must consider ALL applicable laws and statutes.
In order to address the need for correctional facilities to remain current with and keep updated to these necessities, Legal-Based Guidelines™ have been developed for use in jails, prisons and juvenile facilities. The Guidelines were created, developed and are maintained by renown corrections expert, Gary W. DeLand (DeLand & Associates), which NIJO fully and exclusively promulgates. Depending on the state, approximately 16 sections comprise 630-640 guidelines to assist administrators with specific operational and policy driven areas including hot topics of use of force, suicide, religion, inmate mail, searches, classification and suicide. The guidelines are written uniquely to contain the text of each guideline, Rationale statements, Compliance statements and Annotation references. These are extremely valuable for policy and staff training development. The Legal-Based Guidelines are also used exclusively for NIJO Accreditation for facilities who wish to achieve nationally recognized accreditation.
The National Institute for Jail Operations promotes these guidelines as a means to assist administrators to create a safer, more secure environment while protecting against liability and adverse publicity. For more information about the Guidelines or to find out more about participation, contact us.