Ethical Considerations for Research Involving Prisoners (2007) / Chapter Skim
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4 Defining Prisoners and Correctional Settings
4 Defining Prisoners and Correctional Settings
Pages 101-112
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From page 101... ...
ETHICAL FOUNDATIONS OF CURRENT RESEARCH REGULATIONS The ethical foundations of research protections in the United States are based on two key ethical considerations identified by the National Com 1Using the place-centric term prisoner to define individuals also found outside of the typical prison setting may be confusing to some readers. This definition is aimed, however, at a systemic approach to oversight of research involving those subject to restricted liberty through the criminal justice system.
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From page 102... ...
In the context of research involving prisoners, justice requires that prisoners not bear a disproportionate share of the research burden without a commensurate share of benefit, and also that prisoners have the freedom to decide questions of research participation for themselves. Justice becomes particularly important to encouraging research on a system that disproportionately affects the disadvantaged and racial and ethnic minorities (Chapter 2)
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From page 103... ...
. CORRECTIONAL SETTINGS ENCOMPASS MORE THAN PRISONS AND JAILS Although this committee believes that research in correctional institutional settings should be subject to federal regulations, it also believes that the present emphasis on custodial detention is too narrow and results in depriving many other justice-involved individuals of human subjects protections appropriate to prisoner research participants.
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From page 104... ...
104 ETHICAL CONSIDERATIONS FOR RESEARCH INVOLVING PRISONERS TABLE 4-1 Alternatives to Incarceration That May Be Available to Offenders Program Description Bail supervision programs While awaiting trial, the accused, rather than being held in custody, is supervised by a member of the community. Alternative measures The offender is diverted from the criminal justice system before programs or after being charged.
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From page 105... ...
This high rate of return to incarceration demonstrates that significant power dynamics continue for persons who are outside the prison walls but still under some form of community correction. Thus, the element of voluntariness in the informed consent process is conceptually very similar for persons incarcerated and those under some form of disposition alternative to incarceration.
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From page 106... ...
106 TABLE 4-2 Descriptions of Various Criminal Justice Agencies and Facilities in California Facility Description Reference Facilities supervised by department of corrections or camps division State facilities State prisons Provides housing for persons committed to DOC California penal code § 2000–2048.7, 4504, welfare City or county facilities City facilities Facilities used to hold prisoners for examination or trial California penal code § 4004.5 County jails, farms, Persons committed on criminal process and detained for California penal code § 4000, 4050, 4100, 6031.4 camps sentencing or already convicted Regional jail camps Provides housing for persons sentenced to long jail terms California penal code § 6300–6304 Youth correctional Provides treatment for young offenders assigned to CYA Penal code § 6250–6253, welfare and institutions code centers* or DOC administration by the county § 1850–1852 Community correctional Contact facilities providing housing for persons Penal code § 6250–6253, welfare and institutions code centers*
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From page 107... ...
Community treatment Prisoners mother program: houses women who have Penal code § 3410–3416 programs* 1 or more children < 6 years of age Facilities supervised by DOCs Community correctional Contract facilities for persons committed to DOC who Penal code § 6258, 6259 reentry centers have < 120 days left to serve Work furlough programs Contract facilities for persons committed to DOC who Penal code § 6260–6263 are within 120 days of release Halfway houses Contract facilities in metropolitan areas used for persons Welfare and institutions code § 3153 committed to DOC who are addicted Substance abuse Facilities operated jointly by the state and county with Penal code § 6240–6242 correctional detention primary funding for construction from the state; persons centers committed to DOC will use ≥ 50% of total beds Substance abuse Provides housing for persons committed to DOC or Health and safety code § 11560–11563 treatment control unit CYA who are on parole and are addicted or in imminent danger of addition; DOC and CYA facilities are separate; 90-day maximum stay; "dry-out beds" Parole DOC Authority and requirements related to DOC power to Penal code § 3040–3071 parole NOTE: DOC, Department of Corrections; CYA, California Youth Authority.
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From page 108... ...
108 ETHICAL CONSIDERATIONS FOR RESEARCH INVOLVING PRISONERS ing (consent or refusal to participate in research)
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From page 109... ...
Parallel studies, such as the ones undertaken by this committee, may be needed to explore ethical issues of research involving these groups. DELINEATION OF SETTINGS In the interest of clarity, the committee specifies an array of settings in which regulations governing research with prisoners should apply, as well as a brief listing of settings for which the recommended regulations are not considered necessary.
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From page 110... ...
This exclusion permits prisoners living in the community to enroll in research that is open to any citizen in the community (e.g., hospital or medical school-based clinical trials, survey studies) without imposing the restrictions of the proposed regulations on those research entities.
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From page 111... ...
If terminating prisoner participation would adversely affect the health of the subject, participation may continue until the IRB review takes place. The custodial official receiving the prisoner should be informed that the prisoner is enrolled in a research protocol, provided information on the protocol, and explained the potential risks of not allowing continued participation.
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From page 112... ...
1976. Research Involving Prisoners.
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