12 UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS
(c) The authority competent to impose such sanctions;
(d) Any form of involuntary separation from the general prison population,
such as solitary confinement, isolation, segregation, special care
units or restricted housing, whether as a disciplinary sanction or for
the maintenance of order and security, including promulgating
policies and procedures governing the use and review of, admission
to and release from any form of involuntary separation.
Rule 38
1. Prison administrations are encouraged to use, to the extent possible,
conflict prevention, mediation or any other alternative dispute resolution
mechanism to prevent disciplinary offences or to resolve conflicts.
2. For prisoners who are, or have been, separated, the prison administration
shall take the necessary measures to alleviate the potential detrimental
effects of their confinement on them and on their community following their
release from prison.
Rule 39
1. No prisoner shall be sanctioned except in accordance with the terms of
the law or regulation referred to in rule37 and the principles of fairness and
due process. A prisoner shall never be sanctioned twice for the same act or
offence.
2. Prison administrations shall ensure proportionality between a
disciplinary sanction and the offence for which it is established, and shall
keep a proper record of all disciplinary sanctions imposed.
3. Before imposing disciplinary sanctions, prison administrations shall
consider whether and how a prisoner’s mental illness or developmental
disability may have contributed to his or her conduct and the commission of
the offence or act underlying the disciplinary charge. Prison administrations
shall not sanction any conduct of a prisoner that is considered to be the
direct result of his or her mental illness or intellectual disability.
Rule 40
1. No prisoner shall be employed, in the service of the prison, in any
disciplinary capacity.
2. 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.