Remedies and Corrections
Whereas Remedies and Corrections is a major department of the Enforcement System under the Constitution for the Federation of Earth;
Whereas Remedies and Correction entails far more than merely the dismantling of weapons of war, but also the subsystem by which the Enforcement System can reduce the likelihood of recidivism and to help prevent the recurrence of world crimes;
The World Parliament adopts this World Legislation for establishing Remedies and Corrections.
1. The Parliament restates the principle of prison as a means of last resort for deterring recidivism. Typically, world convicts are eligible for house arrest, parole or probation using electronic devices such as ankle bracelets. However, the World Courts reserve sentence of incarceration in world federal prisons for certain crimes: For world class felony 3 or above; for crimes of human trafficking, for violent crimes, for certain crimes of a sexual nature, and for crimes against minors, seniors and the disabled.
2. Prohibition of private prisons and forced labor within the Earth Federation.
2.1. Forced labor includes any labor which either is not voluntary, or which in a prison does not pay at least the world minimum wage for its performance.
2.2. Private prisons are prohibited within the Earth Federation. This provision enters into force immediately upon adoption by the Provisional World Parliament.
2.3. Private and public prison operators are to immediately cease forced labor within their power. Violation is subject to the forced labor clause of the World Penal Code.
2.4. In Criminal Case Bench proceedings, the World Court may order companies to reimburse at a just wage people who have been forced to labor in any private prison, or who have otherwise been forced to provide services to a private contractor from within any public prison, retroactive to the time of the start of the first operative stage of Earth Federation.
2.5. In Civil Bench proceedings, the World Court may order companies to reimburse at a just wage people who have been forced to labor in any private prison, or who have otherwise been forced to provide services to a private contractor from within any public prison, retroactive to the time of the adoption of this Act by the Provisional World Parliament.
3. Private operators are to turn private prisons over to the public authorities of the respective jurisdiction for which the private prison was operating.
3.1. Former operators of private prisons are responsible for the safety of prisoners during the transfer of private prison inmates to the public authorities.
3.2. If the private prison inmate was convicted for a crime under the jurisdiction of the Earth Federation, the inmate is eligible for appeal.
3.3. Private prisons shall submit prison and inmate records for review by the World Ombudsmus. Private prisons shall report monthly during the transition process from the private prison system.
4. Member states of the Earth Federation may submit budgets to the World Financial Administration for assistance in the transition from private prisons to public operation.
5.1. For initial member states and World Districts, Earth Federation proclaims full eminent domain over properties owned or leased by private prisons still in operation 6 months from the beginning of the first operative stage.
5.2. For subsequent acceding member states, Earth Federation proclaims full eminent domain over properties owned or leased by private prisons still in operation 60 days from the date of the respective member states’s accession to the Earth Federation. Companies and shareholders receive no compensation in event of missing the deadlines.
6. Financial securities to private prisons is prohibited
6.1. Regarding financial securities that finance private prisons or privately contracted inmate labor in public prisons, the following activities are prohibited: 6.1.1. Advertising; 6.1.2. purchase; 6.1.3. sale; 6.1.4. brokerage; 6.1.5. possession; 6.1.6. holding of securities; and
6.1.7. Borrowing and lending contracts for finance of private prisons and privately contracted labor.
6.2. The world felony class of severity is the same as for the respective activities with other illegal financial securities in the penal code.
7. Paid Volunteer Work Programs.
7.01. In respect of the right of freedom from slavery, labor as part of sentencing is prohibited in the Earth Federation.
7.02. Convicts may seek employment in volunteer work programs in which convicts may work within the same range of salaries as that range for the general public.
7.03. If the sentencing results in a loss of professional licensing, the Court Clerk shall notify the world civil service administration. The convict will be barred from doing professionally-licensed work during the period for which the professional license is suspended.
7.04. Volunteer work performed counts to reduce sentencing at the rate for which the convict is working, at the rate of from one year’s sentence for 2000 hours of work when working satisfactorily at minimum wage, to the rate of one years’ sentence for 500 hours of work when working satisfactorily at maximum wage.
7.05. Agents of the World Ombudsmus shall regularly supervise the Remedies and Corrections operations, including the paid volunteer work programs.
7.06. Convicts have the right to document their work and the right to compensation for any work performed.
7.07. Hazardous duty, such as sanitation-related work, or such as dismantling or handling of explosive or radioactive materials work, shall pay at the maximum wage.
7.08. Twenty-five hours per week is considered full time work. Typically, overtime will not be allowed for convicts. However, when both adult convicts and the Remedies and Corrections department are in prior written agreement for overtime beyond 25 hours per week, time-and-a-half accrues up to 40 hours per week, double-time accrues for 40 hours/week up to 50 hours/week. Over fifty hours per week is not permitted.
7.09. If volunteering for hazardous duty, such as sanitation-related work, dismantling explosives or handling radioactive materials, the Remedies and Corrections department shall provide adequate safety gear and adequate safety training to a standard equaling that required for operations by business and the general public. When volunteering, all training time, and all time gearing up and gearing down measures on the clock. Remedies and Correction shall provide adequate time and conditions for gearing up and gearing down.
7.10. The standards of discipline for the general public employed by the Civil Service Administration is also in effect for convicts in custody of the Remedies and Corrections Department who are engaged in the paid volunteer work program.
7.11. If a convict does not want to participate in a paid volunteer work program, the convict may decline without reprisals. Convicts may document and report suspected reprisals to the World Ombudsmus. If already under contract for a volunteer work program, the convict may discontinue the work program at any time, giving only such adequate notice so as to not create a hazardous condition during the course of a workday. (During a workday, a convict may refuse to participate in a program activity.) However, depending on circumstances, the Remedies and Correction department may determine that refusal is breach of contract, which might result in loss of the particular assignment without immediate guarantee of immediate reassignment.
8. Incarceration Room and Board without Charge. Remedies and Corrections department is to provide room and board to incarcerated convicts not under house arrest without any charge to the convicts. The reason for this is that incarcerated convicts might or might not participate in a paid volunteer work program. Only paid volunteers might have the resources for pay for room and board, and it would be unjust to charge them while not charging non-volunteers. Remedies and Correction shall budget for board, medical and other costs of incarceration and include these in budgets to be submitted to the World Attorneys General Office on a regular basis. For all inmates, Remedies and Correction shall provide at least 2 meters by 3 meters of space with headroom per individual for the sleeping quarters of inmates. Remedies and Correction shall provide in adequate amounts the following:
01. clothing; 02. adequate and nutritious food; 03. medical attention, including preventative medicine, such as prophylactics; 04. regular counseling; 05. lighting; 06. ventilation; 07. warmth; 08. sanitation; 09. bedding; 10. non-digital/non-electronic writing tools and materials; and 11. adequate periods of darkness and quiet. Remedies and correction shall respect dietary regimens on medical and religious grounds, such as for providing nutritious meals to persons who are vegan or vegetarian, etc.
9. Inmate responsibility regarding sanitation. 9.1. Inmates, including juvenile inmates, are expected to cooperate to keep their own sleeping quarters sanitary. Remedies and Correction shall provide inmates with the tools, time and materials to maintain this discipline. Guards’ requirements that inmates maintain their own sanitation of sleeping quarters is not considered forced labor.
9.2. Guards may require inmates to change and handle their own linens and laundries and to bus their own tableware as typical chores without pay.
9.3. However, guards must not require inmates to handle other inmate’s linens, laundries and tablewares, except by prior written voluntary paid contract by the inmate in conformance with Article 7.02 of this Act.
10. Remedies and Corrections is smoke-free. Remedies and Corrections employees, convicts and visitors must neither smoke nor possess cigarettes in prisons, in workstations, or in Remedies and Correction Transit. Remedies and Corrections may provide medical treatment, including counseling, to persons addicted to smoking or other drugs. Violation of the smoke-free rule is an infraction, unless it takes place in a weapons dismantling zone. In a weapons dismantling zone, violation of the smoke-free rule is either a misdemeanor or a world class 1 felony, or greater, depending upon the severity of the violation. There is no immunity regarding this rule.
11. Penal Status and Rights of Suffrage
Convicts, whether incarcerated, in house arrest, on parole or on probation, retain suffrage rights for participation in world general elections. Penal status does not adversely affect the civil right to vote in nominations for world Counsellor, when a person is otherwise eligible to participate in nominations for World Counsellor (such as, for active college students and faculty, etc., in a city of refuge or under modified house arrest).
12. Armed Officers of the Department of Remedies and Corrections
12.1. Regulation. Sheriffs, Deputy Sheriffs, Marshals, Parole and Probation Officers, World Guards, Bailiffs and other Remedies and Enforcement Officers are all subject to the same constitutional regulations as for World Police in Article 10.3 and 10.4 of the Earth Constitution.
Armed officers of the Remedies and Corrections Department must not simultaneously serve as members of the Department of Conflict Resolution, nor in any capacity outside the Enforcement System, whether in the Earth Federation or in the private sector.
12.2. Sheriffs – Office of World District Sheriff and World District Deputy Sheriff is hereby created for monitoring house arrests, paroles and probations. Every five years at general elections, each World Boundaries and Elections Administration District Office shall place on the ballot provisions for five World District Sheriffs and 25 World District Deputy Sheriffs. Nominations will be made based upon election petition with signatures from the residents of the particular World District. Prospective World Deputy Sheriffs and World Sheriffs should have prior residency of at least one year in the World District in which they are to run for election, and they should retain full year residency of that District throughout their term of office. Deputy Sheriffs may run for re-election once. Sheriffs may run for re-election once. Service as a Sheriff or Deputy Sheriff does not count against time that a person may be eligible for service as a World Police Captain or World Police Supervisor. Deputy Sheriffs report to the Sheriff. Sheriffs report to their respective Regional World Attorney General. Sheriffs and Deputy Sheriffs must not simultaneously hold any other office or employment during their term of office.
12.3. Parole and Probation Officers – The Regional World Attorneys shall hire enough Parole and Probation Officers to work in the World District Sheriffs’ Offices and in the field to enable the Sheriffs and Deputy Sheriffs to perform their duties in a proper manner.
12.4. Marshals—Office of World Marshals is hereby created. World Marshals are responsible for responding to violations of parole or probation when a convict leaves their authorized district or area without Remedies and Corrections Department authorization. Marshals are also responsible for providing secure transit for certain persons in the criminal justice system, such as when a convict is brought from a World Court in one World District to a World Prison or to a Remedies and Corrections Registration Center in a different World District. World Marshals provide secure transport when convicts are transferred within the system. The World Court may also order the Regional World Attorneys to provide Marshals as bodyguards for the safe transport and tracking of witnesses or potential victims if this is not under the purview of the bailiffs. The Regional World Attorneys shall appoint Marshals for each World Region in a number sufficient to optimally serve the Enforcement System and to optimally protect the human rights of the public and of people cased in the System. World Marshals serve as special members of the World Police working in close relation to the Remedies and Corrections Department and without any designated home World District assignment. (This means that World Marshals are not counted in the Command Structure number of World Legislative Act Number 14.15.2.) When Marshals travel between World Regions, Marshals are responsible to the Regional World Attorney of the Region in which the Marshal happens to be.
12.5. Chief Bailiffs and Bailiffs –The World Court and Regional World Attorneys shall cooperate to recruit, hire and supervise chief bailiffs and bailiffs. The World Court and the Regional World Attorneys shall cooperate to budget and report to the World Parliament regarding staffing requirements. Bailiffs are immediately responsible to the World Judges of the Courthouse at which they are stationed, or to their respective Chief Bailiff. Chief Bailiffs and Bailiffs report to both the World Court as well as to the World Attorney Generals Office.
12.6. World Guards – World Guards shall perform their duties at any prison, work camp, or city of refuge where convicts serve sentence. World Guards serve duty at assigned dismantling sites of weapons of mass destruction. The World Court may assign World Guards perform to monitor convicts under house arrest. The Department of Remedies and Correction shall provide additional specialized training for Guards, in addition to regular world police training.
13. Additional Personnel
13.1. The Regional World Attorneys shall each appoint an Administrator of Remedies and Correction for the Region. The Administrator of Remedies and Corrections shall supervise divisions that shall collaborate to perform the functions of Remedies and Correction. One division is the World Disarmament Agency, with functions described in World Legislative Act Numbers 1 and 34. Another division is the World Administration of Prisons. Each division is responsible to work with the World Civil Service Administration to ensure that it has adequate personnel to properly perform its function.
13.2. Personnel of the Administration of Incarceration
Chief Regional Administrator
Assistant Regional Administrators
13.3. House Arrest Personnel
Regional Administrator of House Arrests;
Assistant Administrators of House Arrest;
House Arrest Technical Supervisors;
House Arrest Technicians;
Technical Repair Supervisors;
Technical Repair Technicians;
House Arrest Monitor Supervisors;
House Arrest Monitors;
Bracelet Technology Engineers;
(In cases of group residential homes)
13.4. Prisons and Cities of Refuge Personnel
The Regional World Attorneys and Regional Administrators of Incarceration shall work with the World Civil Service Administration to obtain personnel to staff the Prisons and Cities of Refuge:
Prison and Cities of Refuge Administrators
(Head Wardens, Assistant Wardens)
Assistant Warden Secretary
Facility Assistant Managers
Maintenance Personnel, including HVAC
IT Networkers and Administrators
14.1. Isolation is when an inmate is physically or perceptually removed from being able to communicate interactively with other human beings in a familiar language. Isolation has vocal, visual and tactile components. Other than for assigned reasonable sleep periods (lights out), the loss of any one component is isolation.
Withholding of written communication is a component of isolation. Persons in the criminal justice system shall have continuous access to writing materials. If writing materials are not available, Guards and Guard Supervisors must report this in conformance with the provisions of this Article. Remedies and Corrections shall respect writings as a person’s personal property.
14.2. Guards and Guard Supervisors are responsible to prevent accidental or intentional linguistic isolation in the cases of mono-lingual persons, blind persons or deaf and hard-of-hearing persons.
14.3. Under certain circumstances, Guards or Guard Supervisors may determine that for safety an inmate requires isolation. Guards shall report imposed isolation immediately to their respective Supervisors. Guards and Guard Supervisors shall record all cases and durations of isolation. Guard Supervisors shall report immediately to the World Ombudsmus all cases of isolation exceeding twenty-four hours, and then again all cases that exceed forty-eight hours. The World Ombudsmus shall investigate all cases of isolation that exceed seventy-two hours.
Remedies and Correction shall arrange for and schedule secure provisions for reasonable visitation by significant others to the convicts in prisons and in cities of refuge. Convicts under house arrest shall arrange their own visitations. Remedies and Corrections shall provide communications for convicts if these are not already available.
16. Phone Service and Consultations
Remedies and Correction shall provide quality telephone service free of charge to persons in detention and to prison inmates. Some conditions apply, including that the
Enforcement System records and monitors all phone calls on R&C phones. Enforcement shall provide notice at the beginning of R&C calls. Advocates shall provide private consultations in person, with provisions ensuring privacy.
17. Special Groupings
17.1. Remedies and Corrections shall provide for special groupings as the need arises for the safety and health of the inmates, with reasonable consideration of the wishes of the inmates, such as separate sections for the following,:
male and female inmate groupings;
groupings on linguistic grounds, including for persons who communicate by various sign languages and groups of bilingual pairs;
groupings according to the perceived level of security required to safely house the inmates; and juveniles with their own special groupings.
17.2. Remedies and Corrections shall schedule, arrange and supervise opportunities for the interaction of groupings when this is socially wholesome.
17.3. Apartheid in Remedies and Corrections (R&C) is not allowed. R&C must not group strictly according to ethnicity or religion, meaning that R&C shall restrict convicts neither to nor from association with other convicts of their own ethnicity or religion.
18. The Juvenile System
18.1. Juveniles in the Criminal Justice System are under protection of the Statute on the Rights of the Child and provisions of the World Bench for Juvenile Cases.
18.2. Remedies and Correction shall provide separate juvenile facilities for juveniles in the criminal justice system.
18.3. In addition to the general provisions for inmates, Remedies and Corrections shall provide incarcerated juveniles with full educational services.
18.4. Insofar as a juvenile’s education progress is not adversely affected, the World Courts or the Remedies and Corrections may allow incarcerated juveniles to work in non-hazardous paid volunteer work programs, at the same rate of pay as for adults providing the same labor, though without eligibility for working more than twenty-five hours per week (no overtime or double-time).
18.5. Remedies and Corrections must not authorize contracts for hazardous work by juveniles.
18.6. Facilities for juveniles shall have provisions for special groupings as described in the Article of this Act “15. Special Groupings”.
18.7. Adults tried for crimes in Juvenile Court serve any incarceration sentence in the adult system and groupings.
19. Cities of Refuge
Cities of refuge are moderate-security places for convicts who are not ready for parole or probation, but who fit neither into suitability of House Arrest nor of Prison. Cities of refuge shall typically include open spaces for gardens, parkland, educational opportunities and internet interaction. Remedies and Corrections may enclose cities of refuge or not enclose, depending on the level of security required for the residents. Remedies and Corrections may assign a curfew for cities of refuge. On a case-by-case basis, Remedies and Corrections may assign a curfew for individual inmates within the city. As under House Arrest, the World Court may require sentenced residents of cities of refuge to wear electronic ankle bracelets, and to report for occasional group meetings, trainings and individual check-ups. Sentenced residents of cities of refuge have restriction in civil rights, such as travel restrictions within or without the city, and restrictions on possession and discharge of instruments of defense, which may include permit/registration/display requirements within the city on a case-by-case basis even if the resident is on parole or probation. The specific restrictions on civil rights may vary on a case-by-case basis.
20. House Arrest – World Court may assign house arrest when the convict is not considered dangerous and when the convict has a house to go to. This might be a personal house or it might be a public residential facility. The Court may stipulate conditions on the house arrest. Conditions may include hours during which the convict must be physically present in the house or on the property, including up to 24 hours per day. Conditions may include where and when the convict may travel outside the house. A principle of house arrest is respect of certain civil rights. If a convict is eligible for house arrest, this means that in view of World Court, the convict is ready to uphold civil government, and in the case of adult convicts is trustworthy to have no restriction regarding access or possession of instruments of defense permitted and registered to law enforcement personnel. Like the unconvicted citizen, the convict under house arrest is not required to register, display or obtain permit for legal instruments of defense. If an adult convict is not ready for this responsibility, the World Court shall desist from sentence of house arrest, and shall instead consider the convict for possible placement in a city of refuge, or alternatively in prison.
21. Parole – A principle of parole is partial or full restoration of civil rights. World Court may require a parolee to conditionally wear an electronic ankle bracelet. The parole board may assign travel restrictions and association restrictions upon a parolee. If a convict is granted parole, this means that in view of Remedies and Correction, the convict is again ready to uphold civil government, and is trustworthy to have no restriction regarding access or possession of instruments of defense permitted and registered to law enforcement personnel. Like the unconvicted citizen, the parolee is not required to register, display or obtain permit for legal instruments of defense. If a convict is not yet ready for this responsibility, the parole board shall postpone or revoke parole. In the case of postponement or revocation of parole, the parole board shall consider a prison inmate for possible transfer to a City of Refuge.
22. Probation – A principle of probation is retention of most civil rights. World Court may require a convict on probation to wear an ankle bracelet. World Court may assign restrictions of travel and association upon a probated convict. If an adult convict is eligible for probation, this means that in view of the World Court, the convict is ready to uphold civil government, and is trustworthy to have no restriction regarding access or possession of instruments of defense permitted and registered to law enforcement personnel. Like the unconvicted citizen, the adult probated convict is not required to register, display or obtain permit for legal instruments of defense. If World Court believes that an adult convict is not ready for this responsibility, the World Court must not probate.
23. Funding of Remedies and Correction is from the General Budget of the World Parliament.
Attested, Eugenia Almand, JD, Provisional World Parliament