Resolutions

WHEREAS, the American Jail Association has consistently supported the concept of professionalization of jail operations,

WHEREAS, the accreditation of jail operations through the Commission on Accreditation is a significant step in this direction,

WHEREAS, only a small proportion of jails have been accredited;

THEREFORE BE IT RESOLVED THAT the American Jail Association urge that all jails become involved in the accreditation process.

Adopted by the American Jail Association Board of Directors on April 29, 1986. Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, the American Jail Association recognizes there is no constitutional right for adult/juvenile offenders to have access to telephones, nonetheless consistent with the requirements of sound correctional management, adult/juvenile offenders should have access to a range of telecommunications services.

WHEREAS, the American Jail Association fully supports programs that encourage offenders to maintain contact with friends and family and that access should be reasonably priced.

THEREFORE,the American Jail Association believes correctional agencies should ensure that:

1. Contracts involving telecommunications services for adult/juvenile offenders comply with all applicable state and federal regulations;

 

2. Contracts are based on rates and surcharges that are commensurate with those charged to the general public for like services. Any deviation from ordinary consumer rates should reflect actual costs associated with the provision of services in a correctional setting; and

 

3. Contracts for adult/juvenile offender telecommunications services provide the broadest range of calling options determined to be consistent with the requirements of sound correctional management.

 

Adopted May 3, 2008, by the AJA Board of Directors in Sacramento, CA

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WHEREAS, the American Jail Association is representative of individuals with the responsibility for the management, operation, design, construction, and maintenance of municipal and county correctional facilities, and

WHEREAS, the American Correctional Association has developed the minimum standards for the design and operations of municipal and county jail facilities, and

WHEREAS, the American Correctional Association has allowed a process for the preparation of new Adult Correctional Institutions (ACI) Standards for federal and state correctional facilities, and

WHEREAS, there are distinct differences between the management, operation, design, and construction of prisons from jails, and

WHEREAS, the American Jail Association believes that a process of developing jail standards with substantial individuals directly involved in the management, operation, and design of local detention facilities should be developed;

THEREFORE BE IT RESOLVED THAT the American Jail Association establish a deliberate development and review process through the American Jail Association Standards Committee, including seeking resources to support the standards development and review process.

Adopted by the American Jail Association Board of Directors on May 20, 1990.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, such Associations as the American Jail Association, the National Sheriffs' Association, and the American Correctional Association have enacted resolutions regarding the use of inappropriate terms to describe the men and women who supervise the prisoners in our nation's jails and prisons,

WHEREAS, newspaper editors and writers for the television media still use the term "Guard" to describe people employed in local, state, and federal correctional institutions; therefore we now urge that all jail administrators, correctional staffs, sheriffs, and other sympathetic people undertake to counter this practice and individually go on record in writing opposing the use of the term "Guard". It is suggested that the mail and contact by telephone begin whenever a journalist, reporter, feature writer, editor, or publisher uses "Guard" in describing the work of correctional staff and that the terms "Correctional Officer" or "Detention Officer" be substituted instead.

Adopted by the American Jail Association Board of Directors on May 1985. Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, AIDS is recognized as a serious health problem, and

WHEREAS, AIDS poses significant and special problems in a jail setting, and

WHEREAS, it is recognized that health care screening, specific treatment methods, procedures and education related to AIDS aresubject to constant change;

THEREFORE BE IT RESOLVED THAT the American Jail Association support the following guidelines and procedures with respect to AIDS in all jail settings:

• Infection control and health precaution should follow the U.S. Public Health Service/Centers for Disease Control "universal precaution" infection control procedures. These guidelines are based on an assumption that no person's blood or body fluids are safe.
• Training of all sections staff and inmates is a critical, essential part of the management of health care. Training should be updated with current knowledge and should be recurring for staff and inmates. Ordinarily, training should be provided to prisoners upon admission and/or release from custody. Training should be varied with the opportunity for questions to be asked by knowledgeable staff.
• Jails should adopt procedures for HIV screening. Such procedures should reflect current public standards and legal constraints. Procedures may be adopted to pursue effective medical management goals and to pursue inquiries into management questions about prevalence of the disease in the population. Confidentiality of results must follow current public health and legal standards. Ordinarily, disclosure of test results is limited to those with a need to know, based on medical, legal, and security concerns.
• Referral to counseling or treatment for patients, and in appropriate circumstances for those in close relationship to them, is an important part of any AIDS program.
• Management of AIDS requires a policy for housing those inmates who are symptomatic. Inmates who are HIV positive need not be separated unless medically indicated or unless there is a security or health threat justification. Jails should have procedures and practices established to handle risk situations such as body fluid spills, altercations, CPR, and biting incidents. In addition to training, these may require special equipment and precise directions for handling these situations.

   

  Adopted by the American Jail Association Board of Directors on April 30, 1989.
  Revised May 19, 1993.
  Re-affirmed May 3, 2008.
  
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On the job I promise to:

The American Jail Association's Board of Directors has approved the AJA Code of Ethics as part of an integral program to achieve a high standard of professional conduct among those officers employed in our nation's jails.

Adopted by the American Jail Association Board of Directors on November 10, 1991.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, one week each May is officially designated as Correctional Officer's Week,

WHEREAS, the American Jail Association has always supported the proposition that the men and women who perform the infinitely difficult task of supervising the nation's inmates are deserving of this recognition,

WHEREAS, the American Jail Association recognizes that jail and correctional officers are professionals equal in status and importance to other professionals in the effective administration of justice;

THEREFORE BE IT RESOLVED THAT the American Jail Association honor these dedicated professionals who supervise the many thousands of inmates in our nation's jails and prisons and give special recognition during Correctional Officers' Week.

Adopted by the American Jail Association Board of Directors on April 29, 1986.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, the American Jail Association recognizes there is a need to provide the community with data and information relating to the welfare of offenders in our nation's jails; and,

WHEREAS, the American Jail Association fully supports the reporting of data and information relating to the welfare of those offenders in our nation's jails; and,

WHEREAS, the American Jail Association recognizes the Bureau of Justice Statistics as the optimal repository for data relating to the welfare of those offenders in our nation's jails;

THEREFORE, be it resolved that the American Jail Association fully supports the reporting of data and information relating to the welfare of those offenders in our nation's jails;

BE IT FURTHER RESOLVED , that the American Jail Association supports the passage of House Resolution 3971 “Death in Custody Reporting Act of 2007.”

Adopted May 3, 2008, by the AJA Board of Directors in Sacramento, CA

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WHEREAS, it has been shown that direct supervision jails offer a safe environment for inmates and staff; and

WHEREAS, direct supervision jails allow for a proactive rather than a reactive approach to inmate management; and

WHEREAS, direct supervision jails are generally economical to build and to operate; and

WHEREAS, direct supervision is defined as a method of inmate management which ensures continuing direct contact between inmates and staff by posting an officer(s) inside each housing unit; and further, a housing unit contains sleeping areas, dayroom space, all necessary personal hygiene fixtures, and sufficient tables and seats to accommodate unit capacity; and

WHEREAS, direct supervision jails are managed in accordance with the Principles of Direct Supervision (attached);

THEREFORE BE IT RESOLVED THAT the American Jail Association support the concept of direct supervision in planning, designing, constructing, and managing jails.

PRINCIPLES OF DIRECT SUPERVISION

PRINCIPLE 1 --- EFFECTIVE CONTROL

PRINCIPLE 2 --- EFFECTIVE SUPERVISION

PRINCIPLE 3 --- COMPETENT STAFF

PRINCIPLE 4 --- SAFETY OF STAFF AND INMATES

PRINCIPLE 5 --- MANAGEABLE & COST-EFFECTIVE OPERATIONS

PRINCIPLE 6 --- EFFECTIVE COMMUNICATIONS

PRINCIPLE 7 --- CLASSIFICATION & ORIENTATION

PRINCIPLE 8 --- JUSTICE AND FAIRNESS

PRINCIPLE 9 --- OWNERSHIP OF OPERATION

Adopted by the American Jail Association Board of Directors on November 14, 1992.
Re-affirmed May 3, 2008.

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WHEREAS, there have been a number of laws, rules, and regulations, at the national state and local levels against discrimination of individuals on the basis of race, creed, religion, sex, age, race, disability or national origin; and

WHEREAS, sheriffs, jail administrators, and jail and detention staff have made conscientious efforts to comply with both the spirit and the letter of these laws, rules regulations, and written injunctions; and

WHEREAS, the American Jail Association (AJA) strongly supports and encourages efforts to educate all jail staff as to the importance of eliminating discriminatory behavior through training, education, and written policies and procedures prohibiting such behavior; and

WHEREAS, the Federal Equal Opportunity Commission has issued guidelines which define sexual harassment;

THEREFORE BE IT RESOLVED THAT AJA call upon all jail personnel, administrators, sheriffs, and county and city boards to condemn and prohibit such conduct/ behavior since it creates an undesirable, intimidating, hostile, and offensive working environment.

Adopted by the American Jail Association Board of Directors on November 14, 1992.
Re-affirmed May 3, 2008.

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WHEREAS, with the changes in sentencing laws, there is a growing number of elderly and terminally ill inmates in local detention systems;

WHEREAS, a number of correctional/detention systems along with recognized experts are studying and trying to improve end-of-life care; and

WHEREAS, the ultimate goal is to achieve quality hospice care, specialized education and training for detention personnel, as well as effective care of the seriously and chronically ill as they approach the end of life;

THEREFORE BE IT RESOLVED THATthat the American Jail Association encourages legislatures and the judiciary to develop mechanisms for the release of terminally ill inmates from confinement who do not pose a risk to public safety, and

THEREFORE BE IT FURTHER RESOLVED, that the American Jail Association urges all detention systems to take steps to address the needs of this population in a way that respects human dignity.

Adopted May 3, 2008, by the AJA Board of Directors in Sacramento, CA

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WHEREAS, Americans die annually in handgun suicides, handgun homicides and handgun accidents, and

WHEREAS, young children are killed yearly with handguns, and

WHEREAS, the easy availability of handguns often escalates the seriousness of domestic altercations and also crimes committed by young people and there by contributed to jail and prison crowding, and

WHEREAS, homicide, often with a handgun, is now the leading cause of death among young minority Americans;

THEREFORE BE IT RESOLVED THAT the American Jail Association join with law enforcement and correctional organizations, including the International Association of Chiefs of Police, the National Sheriffs' Association, the Fraternal Order of Police, and the American Correctional Association in calling to tougher handgun control at the federal, state and local levels.

Adopted by the American Jail Association Board of Directors on April 30, 1989.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, a report issued by the U.S. Department of Justice (1999) found that approximately 16 percent of our incarcerated population are mentally ill;

WHEREAS, many of the individuals with mental illness who are arrested are/were clients of the mental health system and failed to gain access to effective mental health treatment.

WHEREAS, criminal justice officials are concerned about the increasing percentage of calls for assistance involving untreated/non-medicated mental health clients, and corresponding decreases in available community and state treatment resources.

WHEREAS, court officials, already overwhelmed by crowded dockets, struggle to respond appropriately to defendants with mental illness. Defendants often cycle through the courts repeatedly with the outcome failing to address long-term placement and treatment issues.

WHEREAS, the growing number of inmates with mental illness and the lack of appropriate resources in jails to screen, treat, and properly house these individuals, strain daily jail operations and weaken staff morale. Additionally, the problem compromises the safety of staff and inmates alike, exacerbates crowding, and increases the cost of operating our nation's jails.

WHEREAS, the American Jail Association feels strongly that the jail setting is not the proper therapeutic milieu for effective, long-term treatment of mental illness and it recognizes that steps by state and local governments can improve the response to people with mental illness who come into contact with the criminal justice system;

THEREFORE BE IT RESOLVED THAT the American Jail Association urges its members to improve the response to people with mental illness who come into contact with the criminal justice system by developing and promoting programs, policies, and legislation that accomplish the following goals:

• improve collaboration among stakeholders in the criminal justice and mental health systems;
• integrate mental health and substance abuse services to more effectively address the needs of individuals who have co-occurring mental health and substance abuse disorders;
• focus efforts toward providing the mental health system with resources and training regarding the criminal justice system;
• recognize that the solution to this complex problem depends on an effective and accessible community mental health system;
• support efforts to establish mental health courts that would effectively divert non-violent offenders from the criminal justice system into appropriate treatment and/or supporting social services;

AND, BE IT FURTHER RESOLVED THAT the American Jail Association recommends that Congress and officials from the U.S. Department of Justice and the U.S. Department of Health and Human Services work with state and local government officials across ideological and partisan lines to accomplish the following:

• assist with funding state and local governmental treatment agencies interested in developing solutions to the complex problem of people with mental illness who come in contact with the criminal justice system;
• increase the flexibility of grant programs which enable states to obtain funds for efforts that target individuals with co-occurring disorders who are in contact with the criminal justice system;
• collect information and improve research regarding individuals with mental illness who come into contact with the criminal justice system; and
• facilitate partnerships between criminal justice and mental health agencies and organizations.

Adopted by the American Jail Association Board of Directors on May 3, 2003.
Re-affirmed May 3, 2008.

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WHEREAS, the American Jail Association (AJA) recognizes the detrimental impact that crowding places on local jails; and

WHEREAS, many of those who are incarcerated in jails do not pose a known danger to themselves or to society;

THEREFORE BE IT RESOLVED THAT AJA supports the expansion of intermediate punishments in states and localities throughout America for offenders who do not pose a known danger to public safety. AJA believes that intermediate punishments address real concerns of constituents.

Adopted by the American Jail Association Board of Directors on November 14, 1992.
Re-affirmed May 3, 2008.

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The housing of juveniles in the nation's jails has been a problem that jail officials have tried to deal with across the years with very little success. The American Jail Association, being the primary voice for the jails of this nation, presents the following:

WHEREAS, juveniles charged with certain major crimes in most states may be legally housed in jails,

WHEREAS, juveniles certified to stand trial as an adult in most states may legally be housed in jails,

WHEREAS, according to law in most states, juveniles must be housed separately from adult inmates and this may result in costly additional expenditures for staff and training,

WHEREAS, juveniles, if housed with adult criminals, may fall victim to homosexual rape and other violence,

WHEREAS, juveniles, while they may meet the requirements to stand trial as adults, may be found innocent of the crime,

WHEREAS, juveniles housed in adult jails may use the experience to escalate their criminal standing with peers when returned to society,

WHEREAS, the care and legal requirements of housing juveniles are not a part of an adult jail facility's responsibilities, and require specially trained staff and specially designed programming which are not readily available in an adult facility,

WHEREAS, the American Jail Association is dedicated to the safe, secure and humane care and treatment of all prisoners in adult jail facilities through constitutionally managed jails;

THEREFORE BE IT RESOLVED THAT the American Jail Association be opposed in concept to housing juveniles in any jail unless that facility is specifically designed for juvenile detention and staffed with specially trained personnel.

Adopted by the American Jail Association Board of Directors on May 22, 1990.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, numerous studies have demonstrated that the literacy rate of offenders is significantly lower than the population at large,

WHEREAS, literacy is a necessary skill to both getting and keeping a good job,

WHEREAS, employment has consistently demonstrated a link to the reduction of criminal recidivism,

WHEREAS, the education of all its citizens is a fundamental precept on which the United States of America was founded;

THEREFORE BE IT RESOLVED THAT the American Jail Association support the development and operation of literacy programs in this nation's jails to ensure that illiterates may avail themselves of this necessary skill.

And be it further resolved that the American Jail Association support programs which commit necessary resources toward teaching inmates basic reading and writing skills through various methods.

Adopted by the American Jail Association Board of Directors on April 30, 1990.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, there is a high incidence of death caused by drunk drivers,

WHEREAS, our citizens have made it clear that the devastation and costs associated with drunk driving will not be tolerated,

WHEREAS, deterrence of drunk driving can be achieved through well publicized, mandatory sanctions for first time and repeat offenders,

WHEREAS, jail professionals throughout the country have developed specialized programs and facilities for these offenders, including education and community service components;

THEREFORE BE IT RESOLVED THAT the American Jail Association go on record as supporting mandatory sanctions accompanied by a treatment program for offenders convicted of DUI.

Adopted by the American Jail Association Board of Directors on April 26, 1988.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, the American Jail Association, Inc., ("AJA") is an organization created to further the improvement of conditions of confinement of persons detained or sentenced in American jails; to advance professionalism in corrections; to provide leadership in the development of professional standards, management practices, programs and services; and to advance the interests, needs, concerns and proficiency of the corrections profession as dictated by the association membership; and, WHEREAS, AJA has determined that one or more members of Congress may be considering legislation for the mandatory inclusion of all public employees into the National Social Security System, including correctional officers, managers and support personnel who are currently participating in retirement programs approved by local and state authorities; and, WHEREAS, AJA believes that mandatory inclusion of all public employees, including correctional officers, managers and support personnel into the national Social Security System at this point in time or in the future would be contrary to and inconsistent with amendments to the national Social Security Act as enacted in the 1950's giving public employers and employees the right and option not to be included in the national Social Security System; and, WHEREAS, AJA finds that current rules, regulations and benefits available to contributors in the national Social Security System fail to take into consideration the unique stress and trauma factors associated with the corrections profession requiring retirement from the profession prior to the effective date benefits would be available from Social Security; and, WHEREAS, AJA finds that additional payroll deductions from the income paid to the public employees would have a negative impact on the morale of public employees and public service, NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the American Jail Association that the Association go on record with other criminal justice organizations and associations in opposition to any federal legislation that mandates involuntary inclusion of public employees, including correctional officers, managers and support personnel, into the national Social Security System, now or in the future. APPROVED AND ADOPTED this 23rd day of October, 1999 in the City of Hagerstown, Maryland at a regular meeting of the Board of Directors. Re-affirmed May 3, 2008. (return to top)

WHEREAS, the Bureau of Justice Statistics estimates that more than 16 percent of adults incarcerated in U.S. jails and prisons have a mental illness; and

WHEREAS, the Office of Juvenile Justice and Delinquency Prevention reports that more than 20 percent of youth in the juvenile justice system have serious mental health problems and many more have co-occurring mental health and substance abuse disorders; and

WHEREAS, the majority of these individuals have illnesses or disorders that are responsive to treatment programs located in the community; and

WHEREAS,the Mentally Ill Offender Treatment & Crime Reduction Act was introduced in Congress to provide local communities the resources they need to develop innovative solutions to avoid the criminalization of those with mental illness; and

WHEREAS, the legislation creates planning and implementation grants for communities to offer treatment and other services – including housing, education and job placement – to mentally ill offenders; and

WHEREAS, grants under the legislation would allow for the establishment and expansion of community-based treatment programs, in adult and juvenile detention facilities, jail treatment programs, and transitional services; and

WHEREAS, grants under the legislation can be utilized to enhance training for criminal justice personnel and mental health system personnel who must understand how to respond appropriately to this population;

THEREFORE BE IT RESOLVED THAT that the American Jail Association urges Congress to adopt the Mentally Ill Offender Treatment & Crime Reduction Act, and

BE IT FURTHER RESOLVED THAT that the American Jail Association supports full funding of the provisions of the Mentally Ill Offender Treatment & Crime Reduction Act.

Adopted May 3, 2008, by the AJA Board of Directors in Sacramento, CA

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WHEREAS, local funding for correctional officer training is severely limited,

WHEREAS, the National Institute of Corrections, through the National Academy, has consistently been a leader in providing quality training for correctional officers, supervisors, and managers,

WHEREAS, proper training has been proved to reduce allegations of inmate abuse, litigation, and employee turnover;

THEREFORE BE IT RESOLVED THAT the American Jail Association go on record as recommending to the United States Department of Justice that funding for the National Academy of Corrections be maintained at an adequate level to provide training to local corrections, and concerted efforts be made to continue the quality and quantity of training provided.

Adopted by the American Jail Association Board of Directors on April 29, 1986.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, adequate and responsible medical care of prisoners in jails is one of the foremost responsibilities of a jail, and

WHEREAS, a poorly run or inadequate medical program creates the most opportunity for liability in a jail, accredited medical program expedites responsible and medical care of prisoners in a jail, and

WHEREAS, the National Commission on Correctional Health Care is an agency whose only purpose is the accreditation of health care services and programs in jails and prisons;

THEREFORE BE IT RESOLVED THAT the American Jail Association support the National Commission on Correction Health Care's efforts to accredit the medical program in jails through voluntary compliance with NCCHC standards.

Adopted by the American Jail Association Board of Directors on April 30, 1990.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, the National Sheriffs' Association study The State of Our Nation's Jails -1982cited a number of sheriffs' departments where jail officers/deputies are paid less than other members of sheriffs' departments, and

WHEREAS, the disparity between salaries is a contributing factor in job turnover among jail personnel and helps to defeat the purpose of developing a professionally trained jail cadre;

THEREFORE BE IT RESOLVED THAT the American Jail Association go on record supporting the position of pay parity for jail officers/deputies with law enforcement counterparts. (Guideline 039A of the National Sheriffs' Association Jail Audit Manual - A Systems Approach to Jail Evaluation reads: "Are salary levels and employee benefits for jail officers comparable with those for law enforcement officers working in the same municipality?")

Adopted by the American Jail Association Board of Directors on April 29, 1986.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, the Prison Rape Elimination Act of 2003, signed into law on Sept. 3, 2003 (Public Law No: 108-79), is designed to systematically study the prevalence of offender-on-offender and staff-on-offender sexual assault and proposes standards to prevent these acts in our nation's criminal justice systems;

THEREFORE BE IT RESOLVED, that the American Jail Association fully supports this research; and,

BE IT FURTHER RESOLVED, that the American Jail Association urges local detention agencies to fully participate in these research studies and to offer the U.S. Congress and the Department of Justice assistance in implementing this legislation and in addressing any problems that have been identified.

Adopted May 3, 2008, by the AJA Board of Directors in Sacramento, CA.

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WHEREAS, jails have traditionally been operated by city, county, state, or federal officials, and

WHEREAS, jail officials throughout this country have become more and more professional and proficient in discharging their duties, and

WHEREAS, responsibility and constitutional liability of jail operations rest squarely on the shoulders of the officials in charge of jails and privatization of jails does not relieve officials of responsibility or liability of private jail operations, and

WHEREAS, private providers often are not held to the same high standard of public disclosure as is government, thus diminishing the public's ability to know how their jail is operating,

NOW THEREFORE BE IT RESOLVED by the Board of Directors of the American Jail Association that the Association shall go on record as being opposed to privatization of jails, city, county, state, or federal.

Adopted by the American Jail Association Board of Directors on November 2, 1996 revising and reaffirming the Association's original resolution of 1985.
Re-affirmed May 3, 2008.

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WHEREAS, psychological screening as part of minimum applicant standards for law enforcement and corrections positions is being required by more and more state governments and jail administrations,

WHEREAS, there will be a continued rise in the prevalence of psychological screening programs for applicants for law enforcement and corrections positions as a result of federal and state statutes, directives, court orders, and prudent jail management policy,

WHEREAS, the failure to require psychological screening of applicants for law enforcement and correctional positions can result in serious consequences for jail administration and corrections personnel, inmates, related agencies and public safety;

THEREFORE BE IT RESOLVED THAT the American Jail Association encourage and support efforts and activities that will require appropriate psychological screening for law enforcement and correctional employee applicants in accordance with the provisions of current federal and sate statutes, case law, and related professional standards and guidelines.

Adopted by the American Jail Association Board of Directors on April 29, 1986.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, Corrections professionals believe that offenders with mental illnesses should be treated by the mental health system; and

WHEREAS, the number of juvenile and adult offenders with mental illnesses has grown, and many are not being treated by public health/mental health agencies in the community, adult and juvenile correctional agencies should provide a continuum of mental health services; and,

WHEREAS, these services must be made available to offenders on community supervision, in correctional facilities and upon release; and,

WHEREAS, while in detention and correctional facilities, seriously mentally ill offenders may be provided special housing to reduce potential injury to themselves, other offenders and to staff; and,

WHEREAS, mental health care should be consistent with the standard of community care and in compliance with American Correctional Association standards and accreditation guidelines; and,

WHEREAS, comprehensive care, multidisciplinary treatment planning, addressing the individual differences of offenders with mental illnesses (including gender, cultural and age issues), will be the goal of correctional mental health delivery systems;

THEREFORE BE IT RESOLVED, that, the American Jail Association supports public policies that encourage comprehensive correctional mental health services for jails that shall include:

A. Screening and comprehensive assessments, including the evaluation of co-occurring disorders, when indicated, to determine risk and level of impairment;

 

B. Crisis stabilization services for offenders suffering from acute episodes;

 

C. Policies on the prescription, distribution and administration of psychotropic medication;

 

D. Continued access to mental health services while housed in disciplinary or administrative segregation;

 

E. Coordination and collaboration among treatment service providers;

 

F. Establishment of a multidisciplinary treatment team in correctional facilities that includes correctional officers, and mental health and other treatment professionals to develop and monitor treatment plans, including medication monitoring. A mental health professional should have a lead role on the treatment team;

 

G. Suicide prevention strategies, including a policy on recognition, prevention and treatment methods;

 

H. Policies on restraint/seclusion and involuntary psychotropic medication use;

 

I. Development of medical and legal guidelines that address:

 

1. Informed consent;

 

2. Confidentiality;

 

3. Treatment refusal;

 

4. Mental health commitments;

 

5. Right to treatment;

 

6. Guardianship issues;

 

7. Health Information Portability and Accountability Act (HIPAA);

 

8. Special needs housing.

 

J. A holistic approach that emphasizes cognitive, social and coping skills development, relapse prevention and repayment and restoration to their victim(s);

 

K. Specialized training on mental health issues on at least an annual basis, including training of mental health professionals on security issues; and

 

L. Transition treatment planning in cooperation with parole and community mental health agencies and other service providers prior to release to ensure continuity of care.

 

Adopted May 3, 2008, by the AJA Board of Directors in Sacramento, CA

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WHEREAS, re-entry programs are in the best interest of society because they help prepare offenders for community life, help reduce future criminal behavior, remove the barriers that make it difficult for offenders to re-enter their communities and develop necessary community support; and

WHEREAS, the American Jail Association fully supports re-entry programs and encourages the elimination of any local, state and federal laws and policies that place barriers on the offender's successful re-entry;

THEREFORE, the American Jail Association supports and encourages public and private agencies at the federal, state and local levels in:

1. Advocating for the review of existing laws and regulations that inhibit the successful re-entry of offenders.

 

2. Initiating transitional planning, consistent with the individual needs of the offender, during intake to the facility.

 

3. Providing an expedited process to obtain appropriate legal identification prior to or upon release.

 

4. Assisting the offender in accessing appropriate housing upon release.

 

5. Providing sufficient staff to supervise offenders released to the community.

 

6. Developing community partnerships and support networks for providing a seamless and timely connection between pre-and post-release programs and services.

 

7. Providing information and assistance to address health care needs, such as obtaining Medicaid, medical and substance abuse treatment, and other health and psychological services, to offenders in the community upon release. Provide a sufficient supply of prescription medication upon release.

 

8. Providing information and assistance to offenders to gain employment upon release, such as pre-employment readiness training, job identification and retention skills training, and job placement services.

 

9. Providing prerelease counseling to help reunite offenders with their families and communities.

 

Adopted May 3, 2008, by the AJA Board of Directors in Sacramento, CA

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WHEREAS, restraint-related deaths, including in custody deaths, usually involve subjects with one ore more predisposing or debilitating conditions that could have been the direct cause of their deaths, asphyxia has occurred in persons restrained in the hogtie position, and

WHEREAS, the hogtie restraint position is dangerous for individuals with diminished capacity to exert strong respiration or in excitatory states, and

WHEREAS, there are situations requiring immediate control and restraint of agitated or aggressive individuals which do not allow for screening of pre-existing medical conditions or risk factors, and individuals exhibiting such behavior are more likely to be under the influence of alcohol or other drugs;

THEREFORE BE IT RESOLVED THAT the hogtie or hobble position should be considered risky practice and avoided.

BE IT FURTHER RESOLVED THAT in cases where force and restraining have been used, immediate and continuous monitoring of respiration, oxygenation, and consciousness is important.

Adopted by the American Jail Association Board of Directors on April 21, 2001.
Re-affirmed May 3, 2008.

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WHEREAS, there has been much progress in the past few years in the development of the jail career as one worthy of professional status,

WHEREAS, there are still areas at the local level where progress is not encouraged,

WHEREAS, the American Jail Association encourages
organization of jail staff at the state and local level and the joint efforts of professional associations;

THEREFORE BE IT RESOLVED THAT we encourage local Sheriffs' Offices, State and National Sheriffs' Association, State Jail Associations, and AJA State Chapters to cooperate in the development of statewide jail conferences on at least an annual basis, and on the development and support of professional training.

Adopted by the American Jail Association Board of Directors on May 1985.
Re-affirmed May 3, 2008.

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WHEREAS, the American Jail Association has identified staff sexual misconduct as unethical and unprofessional and;

WHEREAS, this conduct threatens the safety and security of the institution, staff, and inmates and;

WHEREAS, inmates and staff have a right to a non-hostile workplace with no inappropriate sexual remarks and;

WHEREAS, sexual misconduct is most often not rape, but a range of behaviors including inappropriate remarks, sexualized name-calling, correspondence, fondling, inappropriate viewing, and sexual contact and;

WHEREAS, staff and inmates cannot engage in consensual sexual relations and;

WHEREAS, not all states have identified this conduct as criminal or have not prohibited this conduct and;

WHEREAS, not all jails have identified or prohibited this conduct and;

WHEREAS, inmates have a right to be free from staff sexual misconduct;

THEREFORE BE IT RESOLVED THAT the American Jail Association supports the implementation of policies that prohibit staff sexual misconduct and encourages the passage of laws that identify criminalization of this conduct.

Adopted by the American Jail Association Board of Directors on May 3, 2003.
Re-affirmed May 3, 2008.

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WHEREAS, many jails have only one staff person on duty, who also performs dispatching duties,

WHEREAS, experience has demonstrated that, while the officer is dispatching, he cannot give proper attention to supervision of inmates,

WHEREAS, numerous lawsuits stem from this staffing arrangement;

THEREFORE BE IT RESOLVED THAT the American Jail Association go on record as recommending to the American Correctional Association that its Standards for Adult Local Detention Facilities require jails to have a minimum of one jail officer on duty at all times, whose duties preclude dispatching activities.

Adopted by the American Jail Association Board of Directors on April 29, 1986.
Revised May 19, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, there is a disturbing trend among some states in the United States to eliminate or otherwise diminish the positive impact of state jail inspections and uniform standards for the operation of county and municipal jails for the protection of the constitutional rights of inmates and the personal protection of correctional officers and support staff, and

WHEREAS, the elimination of minimum state standards for the operation of local jails and state controlled jail inspection programs could result in the possible loss of professional liability insurance for jail programs, diminution of jail medical services and food services, potential staff reductions, labor disputes, concerns over administrative liability, and a substantial increase in constitutional tort liability, and

WHEREAS, it is well established that most lawsuits are founded on constitutional issues in states which do not have state-wide mandated jail standards and inspection programs, but rely on varying forms of self-regulation,

NOW THEREFORE BE IT RESOLVED by the Board of Directors of the American Jail Association shall go on record in opposition to the elimination or diminution of existing state standards for the operation of local jails and the inspection of jails by state authorities.

Adopted by the American Jail Association Board of Directors on May 1996.
Re-affirmed May 3, 2008.

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WHEREAS, the American Jail Association (AJA) has been on record for many years in support of correctional industry programs; and,

WHEREAS, AJA recognizes that industry programs provide valuable job skills and an opportunity to instill a sense of work ethic in those who are incarcerated in our nation's jails and prisons; and,

WHEREAS, AJA recognizes that warehousing inmates is detrimental to the well-being of a society and that providing meaningful, productive programs to inmates during incarceration is of tremendous societal benefit; and,

WHEREAS, it is well-known and documented that inmate idleness can result in significant institutional security concerns and correctional industries are meaningful, productive programs that can be used to alleviate such idleness; and,

WHEREAS, correctional industry programs produce viable, quality products and services, which in turn, generate revenues that can be used to offset institutional operating costs that would normally be at the expense of taxpayers;

THEREFORE BE IT RESOLVED THAT, the AJA Board of Directors hereby proclaim AJA's formal support for correctional industry programs.

BE IT FURTHER RESOLVED THAT, AJA encourage those in demand of products and services to consider correctional industry programs in their options for procurement.

Adopted by the American Jail Association Board of Directors on May 3, 2003.
Revised October 25, 2003.
Re-affirmed May 3, 2008.

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WHEREAS, the National Institute of Corrections, an agency of the U.S. Department of Justice, was created by Congress to provide assistance to state and local corrections nationwide; and

WHEREAS, the National Institute of Corrections has proven to be an invaluable source of information, training and technical assistance to the nation's jails and correctional professionals; and

WHEREAS, the nation's jails, both large and small, could not hope to meet and maintain the professional standards of today without the assistance of a national agency such as the National Institute of Corrections; and

WHEREAS, the delivery of these services is now more important than ever given the tremendous pressures confronting the American jails and correctional systems;

THEREFORE BE IT RESOLVED THAT the American Jail Association go on record as strongly opposing any cutback of the National Institute of Correction's budget or the services it delivers; and

Recommends that a process for funding increases be developed which would increase their budget proportionately to the increase in the numbers of prisoners being held in the nation's jails and corrections systems and adjusting for the inflation factors.

FURTHER BE IT RESOLVED THAT this resolution, upon adoption, be immediately forwarded to the President, Attorney General, the President of the Senate and the Speaker of the House of the United States; and, that the President and Board of Directors of the American Jail Association take actions annually as necessary to continue their support for the National Institute of Corrections.

Adopted by the American Jail Association Board of Directors on October 23, 1993.
Re-affirmed May 3, 2008.

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WHEREAS, it has been found that many disabilities such as respiratory diseases, hypertension, cancer, and heart disease may be caused by use of tobacco products, and;

WHEREAS, the United States Surgeon General and National Academy of Sciences scientists have stated that environmental tobacco smoke (ETS), caused by side stream smoke coming off the burning end of cigarettes and exhaled smoke, is as dangerous to the nonsmoking population as it is to smokers because of the substances emitted, and;

WHEREAS, correctional employees are exposed to passive smoke created by inmates, and;

WHEREAS, fire safety is of ever-increasing concern in the correctional environment, and;

WHEREAS, according to Fire Safety in Correctional Facilities, a study by the National Fire Protection Association, 85 percent of fires in correctional institutions were started by use of smoking materials, and;

WHEREAS, smoking contributes to the deterioration of correctional facilities housing inmates by turning walls yellow from nicotine, clogging vents, creating cigarette burns on furnishings, and requiring high costs for maintenance and repair, and;

WHEREAS, nonsmoking employees and prisoners have a right to work and live in a smoke-free environment;

THEREFORE BE IT RESOLVED THAT the American Jail Association support the implementation of tobacco free policies in jails.

Adopted by the American Jail Association Board of Directors on May 20, 1990.
Revised May 19, 1993.
Revised May 3, 2003.
Re-affirmed May 3, 2008.

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