By Tate McCotter, NIJO Executive Director KEY ISSUES: On June 26, 2015, the United States Supreme Court announced a controversial decision, ruling that the U.S. Constitution provides same-sex couples the right to marry1. The court ruled 5-4 that the Constitution’s guarantees of due process and equal protection under the law mean that states cannot ban…
Standard O01.02.01: Intent of ADA Standards
By Tate McCotter, NIJO Executive Director KEY ISSUES: In recent years NIJO has seen an increase of lawsuits and allegations revolving around incarcerated individuals with disabilities. There are a number of reasons for these increases, but certainly the aging population and litigious mentality that exists in jails and detention facilities are contributors. For example, the Bureau of Justice…
Standard E04.03.01: Providing and Regulating Attorney Visits
By Tate McCotter, NIJO Executive Director KEY ISSUES: You walk into work and on your desk sits an envelope from your local ACLU managing attorney. The enclosed letter briefly introduces an attorney, his credentials and goals of the local chapter in protecting inmate rights. Then he writes a request for legal visits with a few…
Standard N 02:02: Cross Gender Frisk Searches
By Tate McCotter, NIJO Executive Director KEY ISSUES: Over the last few decades the very act of conducting searches has brought wide public scrutiny and lawsuits against correctional administrations. Some resulted in class action lawsuits that cost taxpayers millions of dollars. The confusion on various circuit court’s rulings on strip searches was essentially put to…
Standard B01.03.02: Code of Conduct
By Tate McCotter, NIJO Executive Director KEY ISSUES: While obvious as a critical guideline for the constitutional operations of a jail, administrators often have a hard time tackling the conduct of officers and staff. The fact is many administrations deal with far more code of conduct issues than use of force and in-custody deaths. Administrators…