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Accreditation is achieved through a series of reviews, evaluations, audits and hearings. Under some circumstances, the ACA may waive certain accreditation standards.
There are different standards for different types of facilities, such as adult correctional institutions, jails, juvenile detention facilities and boot camp programs. The organization thus has a financial incentive to provide as many accreditations as possible.
Notably, the accreditation process is basically a paper review. Following initial accreditation, facilities are re-accredited at three-year intervals. As a result, some prisons have experienced significant problems despite being accredited.
Kentucky and Hawaii withdrew their female prisoners from Otter Creek following the sex scandal, but the facility did not lose its ACA accreditation. The prison has since closed. More recently, the ACA-accredited Idaho Correctional Center, operated by CCA, has been cited for extremely high levels of violence, understaffing and fraudulent reporting of staffing hours.
A video of CCA guards failing to intervene while one prisoner was brutally beaten by another has been widely circulated. CCA was held in contempt by a federal court in September for violating a settlement in a class-action lawsuit against the facility, and a separate suit alleges that CCA employees collaborated with gang members to maintain control at the prison.
Regardless, the facility remains accredited by the ACA. Prisoners who litigate prison and jail conditions cases sometimes try to raise claims related to violations of ACA standards, even though the standards alone do not create enforceable rights.
Supreme Court noted in Bell v. The Fifth Circuit stated in Gates v.
Ronald Shansky, found noncompliance with at least one essential standard at every institution the Commission had accredited. Having considered the GCI accreditation along with the remainder of the evidence, the undersigned district court finds it of marginal relevance in this case.
However, other courts have taken ACA accreditation into consideration when determining the constitutionality of policies or practices at correctional facilities, such as in Yellow Horse v.
Pennington County, F.
Therefore, incarcerated litigants should use caution when basing arguments on violations of accreditation standards rather than violations of constitutional or statutory rights, and should note the above case law when corrections officials raise accreditation as a defense in lawsuits related to conditions of confinement in prisons and jails.Abstract.
This essay advances a formalist conception of constitutional stare decisis. I shall argue that instrumentalist accounts of precedent are inherently unsatisfying and that the Supreme Court should abandon adherence to the doctrine that it is free to overrule its own prior decisions.
Franklin D. Roosevelt: Domestic Affairs. Only in the s did the American government admit its flagrant violation of the constitutional rights of these American citizens. William E. Leuchtenburg. (Current Essay) Foreign Affairs. Death of the President. Family Life. The American Franchise.
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