Public Correctional Policy on:
Capital PunishmentClassificationCommunity CorrectionsConditions of Confinement Correctional Industry
Female Offender ServicesHigher EducationManagement of Legal Issues and LitigationUse of Force
Policy on ProbationPrivate Sector Involvement in CorrectionsPurpose of CorrectionSentencing Policy
Religious Faith and PracticePolicy on ProbationCorrectional Staff Recruitment and Development
Correctional Standards and AccreditationAppropriate Sanctions and Controls

Management of Legal Issues and Litigation

Adherence to law is fundamental to professional correctional practice. This entails avoiding litigation through sound management, effective use of the adversarial process to resolve issues that are litigated, and professional compliance with judicial orders.

Policy Statement:

Problems addressed through litigation, such as inadequate and insufficient facilities, services, procedures, and staffing can often be remedied through professional correctional practice, supported by government officials and the public with the necessary capital and operational resources. To achieve sound management of legal issues, correctional agencies should:
A. Use the standards and accreditation process of the American Correctional Association and the Commission on Accreditation for Corrections as a method to develop and maintain professional practice;

B. Consult frequently with legal counsel to remain informed of current developments in the law and to anticipate and avoid emerging legal problems;

C. Train staff about legal issues and responsibilities and provide them with legal representation when appropriate;

D. Attempt to resolve potential legal problems through dispute resolution techniques such as administrative grievance procedures;

E. Negotiate and settle litigation when agreements can be developed consistent with professional correctional practice;

F. Litigate, when no professionally reasonable alternative is possible, with the best legal and correctional expertise available and with full preparation and development of the case; and

G. Implement court orders in a professional manner

Last Updated: 02/03/2010 10:35 PM
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