SISSETON-WAHPETON SIOUX TRIBE 3.W.S.T. CODE

SISSETON-WAHPETON SIOUX TRIBE 3.W.S.T. CODE

. : . CJ Amendment

CHAPTER 31 . . A New Adoption

: Judicial Approved

_ TREATMENT OF PRISONERS

. _ . . : C +]

RULES OF GENERAL APPLICATION cer rE + Bounell Adopted

34-01-01

31-02-01

31-02-02

31-93-01

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BASIC PRINCIPLE

The following rules’ shall be applied impartially:

1. There shall be no diserimination on grounds of race,

color, sex, language, religion, political or other

opinion, national or social origin, Property, birth | or -

other status. 7

2. On the other hana, it is necessary to respect. the

religious beliefs and moral precepts of the group to

which a prisoner belongs.

REGISTER :

In every place where persons are imprisoned there shall be

kept a bound registration book with numbered pages in which

shall be entered in respect of each prisoner received:

i. Information concerning his identity;

2. The reasons for his commitment and the authority

thereof; :

3. The day and hour of his admission and release.

No petson shall be received in’ an institution without a

valid commitment order of which the details shall have been

previously entered in the register.

' SEPARATION OF CATEGORIES

The different categories of prisoners shall be kept in

separate institutions or parts of ‘institutions taking

account of their sex, age, criminal record, the legal reason

for their detention, and the necessities of their treatment.

Thus:

1. Men and women shall so far as possible be detained in

separate institutions; in an institution which receives

both men and women, the whole of the premises allocated

to women shall be entirely separate.

2. Untried prisoners shall be kept separate from convicted

prisoners.

3. Persons imprisoned for debts and other civil prisoners

shall be kept separate from person imprisoned by reason

of a criminal offense.

4. Young prisoners shall be kept separate from adults.

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31-04-01

31-04-02

31-04-03

31-04-04

31-04-05

31-04-06

31-04-07

31-05-01

31-06-01

~ two prisoners in a cell or room.

ACCOMMODATIONS .

Where sleeping accommodation is in individual cells or

rooms, each prisoner shall occupy by night a cell or room by

himself. If .for special reasons, such as . temporary

overcrowding, it become necessary for the Chief of. Police to

make an exception: to this rule, it is not desirable t have |

as

Where dormitories are. used, they shall -be occupied. by

prisoners carefully selected as being suitable to associate

with one another in those conditions. There shall be

regular supervision by night in keeping with ° ‘the nature of

. the institution.

All accommodations provided for the use of prisoners, and in

particular, all sleeping accommodations, shall meet all

. requirements of health, due regard being paid to climatic

conditions, and particularly -to cubic content of air,

minimum floor space, lighting, heating and ventilation.

In all places where prisoners are required to live or ‘Work:

‘4. The windows shall be large enough to enable prisoners

to read or work by natural light, and shall be so

constructed that they can allow the entrance of fresh

air whether or not there is artificial ventilation.

2. Artificial light shall be provided sufficient for the

prisoners to read or work without injury to eyesight.

The sanitary installations shall be:adequate te enable every

prisoner to comply with the needs of nature when necessary

and in a clean and decent manner.

Adequate bathing and shower installations shall be provided

so that every prisoner may be enabled and required to have

a bath or shower at a temperature suitable to the climate,

as frequently as necessary for general hygiene according to

season and geographical region, but at least once a week in

a temperate climate.

All parts of an institution regularly used by prisoners

shall be properly maintained and kept scrupulously clean.at

all times.

PERSONAL HYGIENE

Prisoners shall be required to keep ‘their persons clean, and

to this end, they shall be provided with water and with such

toilet articles as are necessary for health and cleanliness.

CLOTHING AND BEDDING

Every prisoner who is not allowed to wear his own clothing

shall be provided with an outfit of clothing suitable for

the climate and adequate to keep him in good health. Such

clothing shall in no manner be degrading or humiliating.

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31-06-05

31-07-01

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31-08-02

31-09-01

31-09-02

All clothing shall be clean and kept in proper condition.

Underclothing shall be changed and washed as often as

necessary for the maintenance of hygiene.

In exceptional circumstance, whenever a prisoner. is removed

outside the institution for an authorized purpose, he shall

be allowed to:wear his own. ‘clothing or -other - inconspicuous

clothing. .

if ’ prisoners ‘are allowed to wear’ their own clothing’

arrangements shall be made on-their admission to the

institution: to ensure that it-shall be- clean and (Fit. for

use.

Every prisoner shall, in accordance with local or national

standards, be provided with a separate bed, and with

separate and sufficient bedding which shall be clean when

issued, kept in good order. and changed often enough to

ensure its cleanliness.

FOOD

Every prisoner shail be provided by the administration at

the usual hours, with food of nutritional value adequate for

health and strength, of wholesome quality and well prepared

and served, with due regard to age, physical condition and

nature of work to be performed.

Drinking water shail-be available to every prisoner whenever

he needs it. -

‘BXERCISE AND SPORT

Every prisoner who is not employed in outdoor work shall

have at least one hour of suitable exercise in the open air

daily, if the weather permits.

Young prisoners and others of suitable age and physique,

shall receive physical and recreational training during the

period of exercise. To this end, space, installations and

equipment should be provided.

MEDICAL SERVICES

At every institution there shall be available the services

of at least one qualified medical officer who should have

some knowledge of psychiatry. The medical services should

be organized in close relationship to the general health

administration of the community or Reservation. They shall

include a psychiatric service for the diagnosis and, in

proper cases, the treatment of states of mental abnormality.

Sick prisoners who require specialist treatment shall be

transferred to specialized institutions or to civil

hospitals... Where hospital facilities are provided in an

institution, their equipment, furnishings and pharmaceutical

supplies shall be proper for the medical care and treatment

of sick prisoners and there shall be a staff of suitably

trained officers.

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- 31-09-04

31-09-05

31-09-06

31-09-07

31-09-08

31-09-09

The services of a qualified dental officer shall he

available to every prisoner.

In women’s institutions there shall. be special ‘accommodation

for all necessary prenatal and postnatal care and treatment.

Arrangements shall -be made whenever practicable for: children

to~be ‘born in a hospital outside’ the “institution. “If a-

child is born in prison, this fact shall not be mentioned in

the birth certificate. . : Lo

Where nursing: infants are. allowed to remain. in the

institution with their mothers, provisions shall ‘be made for

a nursery staffed by qualified persons, where the infant

shall be placed when they are not in the care of their

mothers. :

The medical officer shall see and examine every prisoner as

soon as possible after. his: admission and thereafter as

“necessary, with a view particularly to the: discovery of

physical or mental illness and the taking of all necessary

measures; the segregation of prisoners suspected of

infectious or contagious conditions; the noting of physical

_ or mental defects which might hamper réhabilitation, and the

determination of the physical capacity of every prisoner for

work.

The medical officer shall have the care of the physical and

mental health of the prisoners and should daily see all. sick

prisoners, ail who complain of illness, and any prisoner to

whom his attention is especially directed.

The medical officer shall report to the Director whenever he

considers that a prisoner’s physical or.mental health has

been or will be seriously affected by continued imprisonment

er by any condition of imprisonment.

The medical officer shall regularly inspect and advise the

Director upon:

1. The quantity, quality, preparation and service of food;

‘2. The hygiene and cleanliness of the institution and: the

prisoners;

3. The sanitation, hearing, lighting and ventilation of

the institution;

4. The suitability and cleanliness of the prisoners’

clothing and bedding;

5. The observance of the rules concerning physical

education and sports, in cases where there is no

technical personnel in charge of these activities.

31-09-10

31-10-01.

, . , Discipline ‘and order shall be maintained with firmness, but

‘with no more restriction than is necessary ‘for safe custody

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31-10-03

31-10-04

31-10-05

31-10-06

31-10-07

The Director shall take into consideration the reports and

advice that the medical officer submits according to Section

31-09-07 and 31-09-09 and, in. case he concurs with the

recommendations made, shall take immediate -steps to give

effect to those recommendations; if they are not within his

competence, or if he does not concur with then, he. shall.

immediately submit his own report and ‘the advice“of the

medical officer to higher authority. .

DISCIPLINE AND PUNISHMENT

and well-ordered life.

Collective punishments shall be prohibited. In case where

breaches of discipline are committed within a group of

prisoners or within the whole body of inmates, but where the

actual perpetrators cannot be identified, the prison regime

may not be modified in the interests of good order, but with

due respect to the principles set forth in Section 31-10-01.

No prisoner shall be employed, in the service of the

institution in any disciplinary capacity.

This rule shall not, however, impede the proper functioning

of systems based on self-government, under which specified

social, educational, or sports activities or

responsibilities are entrusted, under supervision, to

prisoners who are formed into groups for the purposes of

treatment.

The following shall always be determined by the law or by

the regulation of the competent administrative authority:

1. Conduct constitutes a disciplinary offense;

2. The types and duration of punishment which may be

inflicted;

3. The authority competent to impose such punishment.

No prisoner shall be punished except in accordance with the

terms of such law or regulation, and never twice for the

same offense.

No prisoner shall be punished unless he has been informed of

the offense alleged against him and given a _ proper

opportunity of presenting his defense. The competent

authority shall conduct a thorough examination of the case.

Where necessary and practicable, the prisoner shall be

allowed to make his defense through an interpreter.

Corporal punishment, punishment by placing in a dark cell,

and all cruel, inhuman, or degrading: punishment shall be

completely prohibited as punishments for disciplinary

offenses.

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31-10-10 Punishment by close confinement or reduction of diet shall

never be inflicted unless the medical officer has examined

the prisoner and certified, in writing, that he is fit ‘to

sustain it. . . .

31-10-11 ‘The same shall. apply .to any other punishment that may be

‘-~" prejudicial. to the physical or mental health of a prisoner.

In no case may such punishment be contrary to or. depart from

the principle stated in Section 31- -10-09..

31-10-12 The medical officer shall visit daily prisoners, undergoing

such punishments and -shall advise the Director: if he

-considers the termination or alteration of. the: punishment

necessary on grounds of physical or mental health.

"31-11-01 INSTRUMENTS OF RESTRAINT .

’ i“{The use of chains or irons shall be forbidden. Handcuffs

and strait jackets may never be used.as a punishment. No

smeans of constraint of any kind may be used except in -the

, following cases:

“4. As a precaution against escape during a transfer,

provided that they shall be removed when the prisoner

appears before a judicial or administrative authority;

2. On medical grounds by direction of the medical officer;

3. By order of the Chief of Police, if other methods of

control fail, in order to prevent a. prisoner from

injuring himself or others or from damaging property;

in such instances, the Chief of Police shall at once

consult the medical officer and report to the higher

administrative authority.

31-11-02 “The patterns and manner of use of instruments of restraint

shall be decided by the Chief of Police or administrative

authority. Such instrument must not be applied for any

longer time that is strictly necessary.

31-12-01 INFORMATION TO AND COMPLAINTS BY PRISONERS

Every prisoner or admission shall be provided with written

information about the regulations governing the treatment.of

prisoners of his category, the disciplinary requirements of

the institution, the authorized methods of seeking

information and making complaints, and all such other

matters as are necessary to enable him to understand both

his rights and his obligations and to adapt himself to the

life of the institution.

31-12-02 If a prisoner is illiterate, the aforesaid information shall

be conveyed to him orally.

31-12-03 Every prisoner shall have the opportunity each week day of

making requests or complaints to the Director of the

institution or the officer authorized to represent him.

31-12-04 Every prisoner shall be allowed to make a request or

complaint, without censorship as to substance, but in proper

.. form, to the administration, the judicial authority or other

proper authorities through approved channels.

O.. os

Unless it is evidently frivolous or groundless, every

. request or complaint~ shall ‘be promptly. ‘dealt with anad**°

replied to _without undue delay.

31-13-01 CONTRACT WITH OUTSIDE WORLD :

.Prisoners shall -be allowed under necessary supervision to

communicate with their families and reputable friends at

regular intervals, both by correspondence and by receiving

visitors.

31-13-02 Prisoners shall be kept informed regularly of the- more

important items of news by the reading of newspaper,

periodicals or special institutional publications, by

hearing wireless transmissions, by lectures, or by any

similar means as authorized or controlled by the

administration.

31-14-01 BOOKS

Every institution shall have a library for the ‘use of all

categories of prisoners, adequately stocked with ‘both

recreational and instructional books, and prisoners. shall be

encouraged to make full use of it.

31-15-01 RELIGION.

No prisoner -shall be refused aid from an approved

representative of a church or non-religious body providing

spiritual and moral welfare (moral advisor). -If a prisoner

declines such aid, it shall not be forced upon hin.

31-15-02 If,-.in any institution, there is a sufficient number of

prisoners belonging to the same religion or sharing the same

spiritual and/or moral principles, a chaplain of the

relevant denomination or a moral advisor shail be appointed

to minister to their needs, if possible, on a fuli-tine

basis.

31-15-03 Chaplains and advisors shall be authorized to hold regular

religious services or meetings for the purpose of meditation

and, if necessary, to have private interviews with such

prisoners as requested by then.

31-15-04 Where possible, prisoners shall be allowed to satisfy the

demands of their religious, spiritual, or moral convictions

by attending religious services and meetings for the purpose

of meditation. Religious, spiritual, and/or moral readingmatter shall be made available to then.

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31-16-01

"*, institution, he is not allowed to retain-shall, on his °

Mets

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31-16-03.

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31-18-02

31-18-03

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RETENTION OR PRISONER'S CLOTHING oo .

All money, valuables, clothing, and other effects belonging

to a prisoners which, under the: regulations of: the

admission to the institution, be placed in safe custody. An

inventory thereof shall be signed by the: prisoner. Steps

shall be taken to “keep ‘them in’ good ‘condition. ~

On the release of the prisoner, all such. articles and money

_ shall be’ returned to him except in ‘so far.as he has been

authorized to spend money or: send any such property out of

the institution, or it has been found necessary on hygienic

.~grounds to destroy any articles of clothing. The prisoner

shall sign a receipt for the articles and money returned to

hin.

Any money or effects received for a prisoner from outside

-shall be treated in the same way.

If a prisoner brings in any druge or medicine, the medical

_ officer shall decide what use shall be made. of them.

NOTIFICATION OF DEATH, ILLNESS, TRANSFER, ETC

Upon the death or serious illness of, or serious injury to

a prisoner, or his removal to an. institution for the

treatment of mental affections, the Director shall at once

inform the spouse, if. the prisoner .is married, or the

nearest relative and shall in any event inform ‘any other

person previously designated by the prisoner.

A prisoner shall be informed at once of the death ‘or serious

illness of any near. relative. In the case of the critical

illness of a near relative, the prisoner -shall be

“authorized, whenever circumstances allow, to go te his

bedside either under escort. or alone.

Every prisoner shall have the right. to inform at once his

family of his imprisonment or his transfer to another

institution.

-REMOVAL OF PRISONERS

When prisoners are being removed to or from an institution,

they shall be exposed to public view as little as possible,

and proper safeguards shall be adopted to protect them from

insult, curiosity, and publicity in any form.

The transport of prisoners in conveyances with inadequate

_ ventilation or light, or in any way which would subject them

to unnecessary physical hardship, shall be prohibited.

The transport of prisoners shall be carried out at the

expense of the administration and equal conditions shall

obtain for all of then.

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31-19-01

31-19-02

31-15-03 -

31-19-04

31-19-05

31-19-06

31-19-07

31-19-08

31-19-09

INSTITUTIONAL PERSONNEL

The institution administration shall provide for the careful -

selection of every grade of the personnel, since it .is on

their integrity, humanity, professional capacity, and

personal suitability | for the work. that. ithe proper

administration of the institution depends. :

The institution administration shall constantly seek to

-awaken and ‘maintain. in. the minds. of the -personnel: the -.- -

. conviction. that they are ‘performing a major: “social service:

To secure the foregoing ends,.- personnel shall be appointed

on a full-time basis as professional: institution officers

and have. security of tenure subject: only to good conduct,

efficiency, and physical fitness..°: Salaries” shall be

adequate to attract and retain suitable men and women;

employment benefits and -conditions..of. service. shall be

favorable in view of the exacting nature of the work.

The personnel shall possess an adequate standard of

education and intelligence. : a

Newly engaged personnel shall be given’a course of training

in their general and specific duties and be required to pass

theoretical and practical tests. --

After entering on duty and during their career, the

personnel shall maintain and improve their knowledge and

professional . capacity: by .attending®::courses. of in-service

training to be organized at suitable intervals.

All members of the personnel shail at ail times so conduct

themselves and perform their duties as to influence the

prisoners for good by their examples and.to. command their

respect. .

The Director of an institution shall be adequately qualified

for his task by character, administrative ability, suitable

training and experience; and,

1.-: He shall devote his entire time to his official duties

and shall.not.be appointed on a part-time basis.

2. He shall reside on the premises of the institution or

in its immediate vicinity.

The Director and the majority of the personnel of the

institution shall be able to speak’ the language of the

greatest number of prisoners or.a language understood by the

greatest number of them; and,

1. Whenever necessary, the services of an interpreter

shall be used.

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31-19-10

In an institution for both men and women, ‘the part of the

institution set aside for women shall be under-the authority

of a responsible woman officer who shall have the custody of.

.. the keys to all parts of the institution; and

31- -a9-11.

1.° No male member of the staff shall enter the part.of the

: institution set aside for women unless accompanied by

a woman officer. .- :

cal

with the prisoners, use force except in self-defense or in

cases of attempted escape, or active or passive physical

-weresistance to an order based on law or. regulation. . Officers

who have recourse ‘to. force: must use no more than is strictly

necessary and must report the incident immediately to the

Director of the institution; and, ~

ut. Institution officers shall. be given special physical

. training to, enable them to restrain aggressive

prisoners.

Except in special circumstances, staff performing

duties which bring them into direct contact with

prisoners should--not’ be armed. ~ Furthermore, staff -

should, in no. circumstances, be provided with arms

unless they have been trained for their use. °

31-20-01. PUBLIC. RELATIONS -

The institution authorities shall employ all relevant means

to make the public aware of the important social service

being rendered.

a RULES APPLICABLE TO SPECIAL CATEGORIES

PRISONERS UNDER SENTENCE

31-21-01 _GUIDING PRINCIPLES .

31-21-02

Imprisonment and other measures which result in cutting off

-an offender from the outside world are afflictive by the

‘Mery fact of taking from the person the right of -self-

-determination by depriving him of his liberty. Therefore,

‘the prison. system shall not, -except. as incidental -‘to

justifiable segregation or the maintenance of discipline,

aggravate the suffering inherent in such a situation.

The purpose and justification of a sentence of imprisonment

or a similar measure derivative of liberty is ultimately to

protect against crime. This end can only be achieved if the

period of imprisonment is used to ensure so far as possible,

that upon his return to society, the offender is not only

willing but able to lead a law-abiding and self-supporting

life.

31-10

officers of the institution ‘shail not, in their relations

31-21-03

31-21-04

31-21-05

31-21-06

3121-07

To this end, the institution should utilize all the

remedial, educational, moral, spiritual, and other forces

and forms of assistance which are appropriate and available;

and should seek. to apply them according to the individual

treatment needs of.the prisoners.

The regime of the institution should-seek to minimize any

differences between prison life and life at liberty which

tend to lessen the responsibility of the prisoners or the

‘respect due to their. dignity as human beings; - and,~

1, It is desirable “that ‘appropriate measures be taken to

ensure for the prisoner a gradual return to life in

society. This aim may be achieved, depending on the

case, by a pre-release regime organized inthe same

institution or in another appropriate institution, or

by release’ on trial under some kind of supervision

which must not be entrusted to the police but should be

combined with effective social aid.

2. It would be advisable to institute a system of leave

for certain prisoners, especially toward the end of

their term of imprisonment, to enable them to start

readjusting to the society to which they will return

when discharged.

The treatment of prisoners should emphasize not their

exclusion from the community, but their continuing part in.

it. community agencies should, therefore be enlisted

wherever possible to assist the staff of the institution in

the task of social rehabilitation of the prisoners. There

should be in connection with every. institution, social

workers charged with the duty of maintaining and improving

all desirable relationships of a prisoner with his family

and with valuable social agencies. Steps should be taken to

safeguard, to the maximum extent compatible with the law and

the sentence, the rights relating to civil interests, social

security rights, and other social benefits of prisoners.

The medical services of the institution shall seek to detect

and shall treat any physical or mental illnesses or defects

which may hamper a prisoner‘s rehabilitation. All necessary

medical,, surgical, and psychiatric services shall be

provided to that end.

The fulfillment of these principles requires

individualization of treatment and for this purpose, a

flexible system of classifying prisoners in groups; it is

therefore desirable that such group should be distributed in

separate institutions for the treatment of each group; and,

i. These institutions need not provide the same degree of

security for every group. It is desirable to provide

varying degrees of security according to the needs of

different groups. Open institutions, by the very fact

that they provide no physical security against escape,

31-11

but rely. on the self-discipline of the inmates, provide

the conditions most favorable to rehabilitation for

carefully selected prisoners.

“2. On the other hand, it is undesirable to maintain

: prisons which are so small that proper facilities

“.cannot be provided. ~ ~~ : . _

31-21-08; The duty of society does not end with a prisoner’s release.

There should, therefore, be governmental or private agencies

capable of lending the released prisoner efficient after- .

care directed toward: the lessening of: prejudice against him

‘sand towards his social rehabilitation.

' 31-22-01 TREATMENT :

The treatment of prisoners sentenced to imprisonment ora.

-similar measure shall have, as its purpose so far as the

length of the sentence permits, to establish in them the

2will to lead law-abiding and self-supporting lives after

“their release and to fit them to do so. The treatment shall

be such as will encourage their self-respect. and develop

their sense of responsibility. .

31-22-02 To this end, all appropriate means shall ‘be sued, including

religious, spiritual and moral care, education, vocational

guidance and training, social casework, employment

counseling, physical development and strengthening of moral

character, in accordance with the individual needs. of each

prisoner, taking account of his social and criminal history,

his physical and mental capacities and aptitudes, ‘his @

personal temperament; the length of his sentence and his

prospects after release; and,. .

a. For every prisoner with a sentence of suitable length,

a, the Director shall receive, as soon as possible after

his admission; full reports on.all ‘the matters referred

to in the foregoing paragraph. Such reports shall

always. include a Keport by a medical officer, wherever

possible qualified in psychiatry, on the physical and

mental condition. of the prisoner. ~

2. The reports and other relevant documents shall be

: placed in an individual file. This file shall be kept

up to date and classified in such a way that it can be

consulted by responsible personnel whenever the need

arises.

31-23-01 CLASSIFICATION AND INDIVIDUALIZATION

Classification shall have a dual purpose:

1. To direct the prisoners toward specialized

institutions, due regard being paid to their personal

characteristics;

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31-23-03

31-23-04

31-24-01

31-24-02

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31-24-04

31-24-05

31-24-06

31-24-07

2. To ensure in those institutions the division of

prisoners into groups for treatment in order to

facilitate their social rehabilitation.

Separate institutions or separate sections of an institution

shall therefore be used for the treatment. of the ‘different

classes. of prisoners. :

As soon as possible after admission and after a study of the

personality of each prisoner with a sentence of suitable

length, a program of treatment shall be prepared for him in

the ‘Light of the -knowledge | obtained about his individual

needs, his capacities, and disposition.

The regime of every specialized institution and the methods

of treatment which are used with. regard to the various

groups of prisoners shall be adjusted to the “personality of

the subjects dealt with, in order to facilitate the

acceptance of. discipline, . to develop a _ sense of

responsibility and to stimulate the cooperation of the

prisoners in their treatment.

WORK

Prison labor must not of an afflictive nature.

All prisoners under sentence shall be required to work

subject to their physical and mental fitness as determined

by the medical officer.

Sufficient work of a useful nature shall be provided to keep

prisoners actively employed for a normal working day.

So. far as possible the work provided.shall be such as will

maintain or increase the prisoner’s ability to earn an

honest living after release.

Within the limits compatible with proper vocational section

and with the requirements of institutional administration

and discipline, the prisoners shall be able to choose the

type of work they wise to perforn.

Where prisoners are employed in work not controlled by the

administration, they shall always be under the supervision

of the institution’s personnel. Unless the work is for

other departments of the government, the full normal wages

for such work shall be paid to the administration by the

persons to whom the labor is supplied, account being taken

of the output of the prisoners.

The precautions laid down to protect the safety and health

of free workmen shall be equally observed in institutions;

and,

31-13

31-24-08.

. 31-24-09

31-25-01

31-25-02

31-26-01

31-26-02

1. Provisions shall be made. to protect prisoners against

industrial injury, including occupational diseases, on

terms not less favorable than those extended by law to

free men. :

The maximum daily and: weekly working hours of the prisoners

shall be fixed by law or by adriinistration: ‘regulation,

taking into account local rules or custom | in regard to the

employment of free: workmen; and,

1. The hours so::fixed shall leave one rest day a week and

“sufficient time for education. and ‘other. activities

required as part of the prisoners, if possible without

interrupting the prisoners’ work routine.

There © shall be a ‘system of equitable remuneration of the

work of prisoners;

aa. Under the system prisoners shall be allowed to spend at

least..a part of their earnings on approved articles for

we their own use and to send a part of their earnings to

their families.

2. The system should also provide that a part of the

earnings should be set aside by the administration so

as to constitute a saving fund to be handed over to the

prisoner on his release. ~

EDUCATION AND RECREATION

Provisions shall be made for the further’ education of all

prisoners capable .of profiting thereby, including religious

or moral instruction. The education of illiterates and

young. prisoners shall be compulsory an@- special attention

shall be paid to it by the administration;

1. So far as practicable, the education of prisoners shall

be integrated with the educational system’ of the

Reservation so that after their release they may

continue their education without difficulty:

“Recreational an@ cultural activities shall be provided in

all institutions for the benefit of the mental and physical

health of prisoners.

SOCIAL RELATIONS AND AFTER-CARE

Special attention shall be paid to the maintenance and

improvement of such relationships between a prisoner and his

family as are desirable in the best interests of both.

From the beginning of a prisoner‘s sentence, consideration

shall be given to his future, after release; and he shall be

encouraged and assisted to maintain or establish such

relationships with persons or agencies outside the

institution as may promote the best interests of his family

and his own social rehabilitation.

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Services and agencies, governmental or otherwise, which

assist released prisoners to re-establish themselves in

society shall ensure, so far as possible and necessary, that

released prisoners be provided with appropriate documents

and identification papers, have suitable homes, work to go

to, are suitably and. adequately clothed with regard to the ~

climate and season, and have sufficient means to reach their

destination and maintain themselves. in the | period

immediately following their release. os

It is desirable that the activities of such agencies shall

- be centralized or coordinated as far as possible in order to

secure the best use of their efforts.

INSANE AND MENTALLY ABNORMAL PRISONERS

Persons who are found to be insane shall not be detained in

prisons and arrangements shall be made to remove them to

mental institutions under medical management;

1. Prisoners who suffer from other mental diseases or

abnormalities shall. be observed and treated in

specialized institutions under medical management.

It is desirable that steps should taken, by arrangement with

the appropriate agencies, to ensure, if necessary, the

continuation of psychiatric treatment after release and the

provisions of social psychiatric after-care.

PRISONERS UNDER ARREST OR AWAITING TRIAL

Prisoners arrested or imprisoned by reason of a criminal

charge against them, who are detained either in police

custody or in prison custody (jail), but have not been tried

and sentenced, will be referred to as "untried prisoners"

hereinafter’ in these rules;

a. Unconvicted prisoners are presumed to be innocent and

shall -be treated as such.

2. Without prejudice to legal rules for the protection of

individual liberty or prescribing the procedure to be

observed in respect to untried prisoners, ‘these

prisoners shall benefit by a special regime which is

described in the following rules in its essential

requirements only.

Untried prisoners shall be kept separate from convicted

prisoners;

1. Young untried prisoners shall be kept separate from

adults and shall, in principle, be detained in separate

institutions.

In principle, untried prisoners shall be given separate

accommodations.

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3S.W.S.T. CODE

[) Amendment

OF New Adoption

Judicial Approved

02-24-95

Council Adopted

2-01-93,

Within the limits compatible with the good order of the

institution, untried prisoners may, if they so desire, have

their food procured at their own expense from. the outside,

-either through the administration or through their family or

friends. Otherwise, the administration shall provide their

food.

An ‘untried prisoner | shall be allowed to wear his own

‘clothing if it is clean and suitable. -

An untried prisoner shall always be offered opportunity to

work, but’ shall not be required to work.’ If ‘he chooses to

work, he-shall be paid for it.

An untried prisoner shall be allowed to procure at his own

expense or at the expense of a third party such’ books,

newspapers, writing materials and other means of occupation

as are compatible with the interests of the administration

of justice and the security. and good order of the

institution.

An untried prisoner shall be allowed to be visited and

treated by his own doctor or dentist if there is reasonable

ground for his application and he is able to pay any

expenses incurred. .

An untried prisoner shall be allowed to inform immediately

his family of- his detention and shall’ be given all

reasonable facilities for communication with his family and

friends, and for receiving visits from the,, subject only to

such restrictions and supervision as are necessary ‘in the

interests of the administration of justice and of the

security and good order of the institution.

For the purpose of his defense, an untried prisoner shall be

allowed to apply for free legal aid. where such aid is

available and to receive visits from his legal advisor with

a view to his defense and to prepare and hand to him

confidential instructions. For these purposes, he shall, if

he so desires, be supplied with writing material.

Interviews between the prisoner and his legal advisor may be

within sight but not within the hearing of a police or

institution official. .

SEVERABILITY

If any clause, sentence, paragraph, section, or part of this

code shall, for any reason be adjudicated by any Court of

competent jurisdiction, to be invalid or unconstitutional,

such judgement shall not affect, impair, or invalidate the

remainder thereof, but shall be confined in its operation to

the clause, sentence, paragraph, section, or part thereof

directly involved in the controversy in which the judgement

shall have been rendered.

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