MEMBER PORTAL

Legal-Based and Tailored to Fit the Unique Needs of Each Jail – The Distinction of NIJO Jail Policy

NIJO Policy: Legal-Based and Tailored to Fit the Unique Needs of Each Jail

What makes NIJO's Jail Policy different from others?
Why should your jail's policies and procedures be legal-based?

Cohesive written directives are the official guide to document and formalize jail organization, ensure consistency and uniformity of operation, and identify standards of employee performance or conduct so that the jail meets clearly established constitutional, statutory, and case law requirements.

The Distinction of NIJO Jail Policy

The framework of NIJO Policy is based upon constitutional guarantees that cruel and unusual punishments will not be inflicted upon citizens and that no state will deprive any person of life, liberty, or property, without due process of law. Tempered further by court rulings, case law structures NIJO policy so that Jail officials and staff are governed by legal requirements, ensuring their actions are intrinsically motivated by a culture that is legally defensible.

Employees must know how the official in charge of the jail expects them to perform their duties. Namely, to provide humane conditions of confinement while maintaining internal security, order, and discipline; while ensuring inmates receive adequate food, clothing, shelter, and medical care, with rehabilitation to the extent that human nature and inadequate resources allow.

The U.S. Supreme Court has recognized that when jail regulations impinge on inmates’ constitutional rights, those regulations must be reasonably related to legitimate penological interests. Officers must know the valid, rational connections between those regulations and the legitimate and neutral governmental interests that justify their actions.

NIJO Policy Defines What the Law Requires and Why

Jail policy should encourage the self-governance and the nuanced decision-making requirements of jail officials so that alternatives for inmates to exercise their asserted constitutional rights remain open. The Supreme Court has granted particular deference to jail officials who navigate these complexities while considering the impacts on staff, on inmates’ liberty, and on the allocation of limited resources. Without understanding the rationale of jail regulations, jail staff will not be able to determine when those regulations are an exaggerated response to jail concerns.

Jails frequently lose lawsuits, not for violating inmate rights, but for violating their own policies. Jail policy is often written over decades, by numerous authors who may no longer be employed by the facility. Information is often overly verbose and inconstantly duplicated across too many policies. Unnecessary mandatory language such as, “shall”  “will” and “must” create liberty interests for inmates with unrealistic expectations rooted in risk-averse best practices that are not legally required or even the best practice.  NIJO jail policy succinctly defines what is required and why is it required with references to statutes and cases.

NIJO Policy Includes Legal-Based Procedures

Many organizations that produce jail policy do not include procedures, which is often the most frustrating and difficult part of operationalizing developed policies.  Without a legal-based approach when developing procedures, administrators often struggle to know the boundaries or the framework dictated by courts. NIJO’s approach to written procedure is clear, concise language that outlines necessary actions and their legal basis, avoiding the creation of unrealistic expectations through overly prescriptive language. Procedures are streamlined, focusing on legal compliance rather than exhaustive operational guides.

Complementing NIJO Legal Based GuidelinesTM and DACOTA online training, NIJO Jail Policy is tailored to fit the unique needs of each jail, ensuring relevance and applicability. NIJO Jail Policy is not a static document but a dynamic tool, designed to be searchable, consistent, and succinct. The policy writers at NIJO become partners with facility stewards and their successors, committed to legacy and continuity by providing ongoing updates, ensuring that the policy evolves with changing legal landscapes and operational insights. NIJO Jail Policy is a new benchmark for jail policy management.  Contact us to learn more.

You may also be interested in:
NIJO Jail Policy – Legal-Based and Tailored to Fit the Unique Needs of Each Jail

Search

CATEGORIES

> Podcasts

78

> Expert Blog

58

> DACOTA References

0

> Featured

2

> Legal-Based Guidelines Monthly Brief

1

> News And Publications

7

> Press Releases

7

> Private Recap Pages

4

> Training Seminars

2

TAGS

> Alabama

58

> AJAC

58

> Alabama Jail Administrators’ Council

58