Maricopa Community Colleges  AJS226   19906-19945 
Official Course Description: MCCCD Approval: 06/26/90
AJS226 19906-19945 LEC 3 Credit(s) 3 Period(s)
Constitutional Issues in Detention
Laws, standards, agency rules and procedures and their impact on detention officers and detention facilities. Includes how the court system is structured, inmate rights issues and trends of court intervention, areas of vicarious liability, the need for written policy, and legal problems resulting from failure to follow rules and procedures. Prerequisites: AJS101, or AJS109,or AJS115, or equivalent.
Go to Competencies    Go to Outline
 
MCCCD Official Course Competencies:
 
AJS226   19906-19945 Constitutional Issues in Detention
1. Identify the key sources of law that affect officers on the job. (I)
2. Describe what national standards are and their application to your facility. (I)
3. Outline the structure of the court system and the role the courts play in detention administration. (I)
4. Describe the concept of protected interests that may go beyond those interests specifically protected by the Constitution. (II)
5. Identify the legal necessity of writing workable procedures and the importance of actual implementation and follow through of all adopted policies and procedures. (II)
6. Identify the type of lawsuit inmates can file against an employee and against the government agency which runs the institution. (III)
7. Identify the scope of an employee's rights and ways for working with attorneys. (III)
8. State the legal obligations regarding use of force, the need for well-documented uses of force, and the legal standards for reasonable and necessary use of force. (IV)
9. Identify situations in which inmates have a right to protection, based on the Constitution, court cases, and state statutes and agency rules. (V)
10. Describe the impact of the Due Process Clause of the Constitution on prison discplinary hearings. (VI)
11. Identify the due process requirements and institutional procedures governing administrative segregation, periodic review and release from administrative confinement. (VII)
12. Identify the scope of duty and liability of detention to provide systems for identifying health problems on intake, to handle emergencies and routine health care needs of inmates. (VIII)
13. Evaluate the institution's own medical and mental health delivery systems based on American Medical Association (AMA) standards. (VIII)
14. Identify factors which courts will consider in determining whether overcrowding in a facility is in violation of the Constitution. (IX)
15. Describe how access to attorneys, courts and legal resources applies to detention facilities. (X)
16. Detail the conditions under which inmates, visitors, and employees may be subjected to searches. (XI)
17. Describe common court viewpoints and decisions on resolving the conflict between the inmates' right to privacy and the employees' right to equal job opportunities. (XII)
18. Identify what state and federal courts look for in determining liability for failure to train, supervise, or discharge. (XIII)
19. Identify when the media is entitled to speak with and/or film an inmate, group of inmates, or area of the institution and describe restriction a facility may place on media. (XIV)
Go to Description    Go to top of Competencies
 
MCCCD Official Course Outline:
 
AJS226   19906-19945 Constitutional Issues in Detention
    I. How the Legal System Works: An Overview
        A. Sources of Law
        B. Role of National Standards
        C. The Judicial System
        D. Precedents
        E. History of Courts and Detention
        F. Present Role of Courts
      II. Impact of State Laws and Agency Regulations on Detention
          A. Protected Interests vs. The Constitution
          B. Problems with Agency Rules
        III. Inmate Lawsuits and Representation of Employees
            A. Types of Lawsuits
            B. Damages in Tort and Constitutional Rights Lawsuits
            C. Ways to Avoid Liability
            D. Testifying Professionally
            E. Money Judgement Rendered Against a Public Employee
            F. Representation and Indemnification
          IV. Use of Force
              A. Definition of Force
              B. Situations When Force Can Be Used
              C. Legal Standards for Force
              D. Importance of Report Writing
            V. Protection and Classification of Inmates
                A. Definition of Classification
                B. Legal Requirements
              VI. Inmate Rules and Disciplinary Procedures
                  A. Definition of Due Process
                  B. Conducting Disciplinary Hearings
                VII. Administrative and Disciplinary Segregation
                    A. Two types of Segregation
                    B. Due Process Requirements of Administrative Segregation
                    C. Unconstitutional Conditions of Confinement
                  VIII. Medical and Mental Health Care
                      A. Standards of Liability
                      B. Identifying and Assisting Inmates with Health Problems
                      C. Consent to Treatment
                    IX. Overcrowding
                        A. Factors Courts Consider in Overcrowding Cases
                        B. Recent Trends by Courts
                      X. Jailhouse Lawyers, Law Libraries, and Access to Attorneys
                          A. Meaningful Access
                          B. How Access to Attorneys, Resources, and Courts Applies to Detention
                        XI. Searches of Inmates, Employees, and Visitors
                            A. Types of Searches
                            B. Elements to Address in Rules and Searches
                          XII. Supervision of Inmates by Employees of Opposite Sex
                              A. Conflicting Rights
                              B. Work Assignments
                            XIII. Liability for Failure to Train, Supervise, Discharge
                                A. State and Federal Court Expectations
                                B. Ways to Avoid Liability
                              XIV. Contact With the Media
                                  A. Media Rights
                                  B. Freedom of Information Act and Privacy Laws
                              Go to Description    Go to top of Competencies    Go to top of Outline