SUBSTANTIVE REMEDIAL MEASURES Sample Clauses

SUBSTANTIVE REMEDIAL MEASURES. A. Due Process‌ The purpose of this section is to ensure that JCMSC makes the due process rights secured and protected by the United States Constitution available to all Children involved in juvenile delinquency proceedings. To that end, JCMSC shall develop and implement policies, training, and review mechanisms that will guarantee due process for Children. JCMSC shall also establish mechanisms that will identify and correct violations of those due process rights.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
SUBSTANTIVE REMEDIAL MEASURES. A. PROTECTION FROM HARM a. Define force and excessive or unnecessary force. b. Prohibit the use of excessive or unnecessary force. c. Prohibit the use of force as a response to verbal insults or verbal inmate threats. d. Prohibit the use of force as a response to inmates’ failure to follow instructions where there is no immediate threat to the safety of the institution, inmates, or staff, unless WCDOC has attempted a hierarchy of nonphysical alternatives which are documented. e. Prohibit the use of force as punishment. f. Prohibit the use of crowd control devices on individual inmates. g. Direct the appropriate use of chemical agents.
Sample 1Sample 2
SUBSTANTIVE REMEDIAL MEASURES. Xxxxxxxxx shall comply, within 60 days after the execution of this Agreement, with the following remedial measures:
Sample 1Sample 2
SUBSTANTIVE REMEDIAL MEASURES. 32. The intent and purpose of this Settlement Agreement is to ensure that each Ft. Bayard resident is provided the necessary care and services to allow the resident to attain or maintain the highest practicable physical, mental, and psychosocial well-being in accordance with comprehensive assessments and a plan of care. The requirements of this Settlement Agreement shall be interpreted according to this intent and purpose.
Sample 1Sample 2
SUBSTANTIVE REMEDIAL MEASURES. The State shall implement the following measures at OCCC: 32. Seriously mentally ill detainees at OCCC shall not be placed in isolation or individualized seclusion in a manner that would pose an undue risk to the detainee’s health and safety. Accordingly, with respect to seriously mentally ill detainees, the State shall: a. cease the use of “therapeutic lockdown” as the practice was employed in October 2005; b. develop policy and procedures that comport with generally accepted professional correctional standards regarding the use of individualized seclusion or restraint; c. have a qualified mental health professional review disciplinary charges against detainees with serious mental illness who have been placed in individualized seclusion to determine the extent to which the charge may have been related to serious mental illness, and to determine whether a detainee’s serious mental illness should be considered by the State as a mitigating factor when punishment is imposed upon detainees with a serious mental illness. This review shall be conducted prior to the imposition of punishment and when appropriate, shall include a clinical interview of the detainee. d. use individualized seclusion only in accordance with generally accepted professional correctional standards of practice; use individualized seclusion only when such use is justified, and documented as such; monitor and assess the detainees in individualized seclusion; and not use individualized seclusion for convenience of staff, or in lieu of adequate staff; e. as part of the requirements of Paragraph 32(d), provide that for seriously mentally ill detainees placed into individualized seclusion: 1. a qualified mental health professional (“QMHP”) shall conduct a face-to-face assessment of the detainee within four hours after the detainee is placed into individualized seclusion; if the QMHP is not a physician or a psychologist, the QMHP shall consult a physician or psychologist within the same four-hour period; 2. a QMHP shall conduct another face-to-face assessment of the detainee at least once during the next 12 hours; if the QMHP is not a physician or a psychologist, the QMHP shall consult a physician or psychologist within that same 12-hour period; 3. a qualified physician or psychologist shall conduct a face-to-face assessment at least once every 24 hours while the detainee remains in individualized seclusion; a brief period of release will not constitute a break of the 24-hour period; if a physici...
Sample 1Sample 2
SUBSTANTIVE REMEDIAL MEASURES. A. PROTECTION FROM HARM 1. SUICIDE PREVENTION
Sample 1Sample 2
SUBSTANTIVE REMEDIAL MEASURES. A. Due Process 1. Protections Against Self-incrimination a. Within 90 days of the Effective Date, DYS shall revise its policies, procedures, and practices to ensure that Youth Services Counselors provide youth at their initial meeting a notice using youth-appropriate language regarding the following: i. the youth services process, including the role of the Youth Services Counselor; ii. the potential consequences to youth for violating their probation contract, including the range of sanctions the youth may face; iii. an explanation of the probation review and revocation process, including the youth’s right to challenge allegations of probation violations, and the youth’s right to counsel in revocation hearings. b. DYS shall also make diligent efforts to provide the notice described above to the youths’ guardians. c. The DYS shall inquire into the Child’s ability to understand the probation process and ensure that this process is explained in youth-appropriate language. d. Lauderdale County Youth Services Counselors will set a fixed meeting schedule at the youth’s initial meeting for all subsequent probation meetings, notify the youth’s counsel of the meeting schedule and make best efforts to reschedule a probation meeting should the youth request the presence of counsel who is unavailable at the time of the previously scheduled meeting. Lauderdale County Youth Services Counselors will document their efforts to reschedule a probation meeting should the youth request the presence of counsel who is unavailable at the time of the previously scheduled meeting.
Sample 1
AutoNDA by SimpleDocs
SUBSTANTIVE REMEDIAL MEASURES. A. SECURITY, SUPERVISION AND PROTECTION FROM HARM Security Staffing and Training 15. In order to improve sight and sound supervision of inmates in their housing units, the Jail shall convert the majority of inmate living spaces to a direct model of supervision in which the security staff's work station is located inside the inmate housing unit (either inside a pod or a dormitory). Within 100 days of this Agreement, the County shall provide DOJ with a written schedule for conversion of the living units that remain to be converted, and shall notify DOJ in writing of any subsequent delays in and/or modifications to that schedule. At a minimum, the plan shall provide for the completion of the conversion within one year from execution of this Agreement. Written notification to DOJ concerning any subsequent delays shall be provided within 30 days of any such delay or modification. 16. The County shall train all security staff in the principles of direct supervision: a. The County shall ensure that all supervisors and managers complete a course in direct supervision for supervisors and managers no later than January 1, 2003. b. The County shall report to DOJ on the changes made to its existing pre-service training that changes the focus of this training to direct supervision as the dominant form of supervision at the SCJ. c. The County shall continue to provide comprehensive pre-service training to all security staff. d. The County shall develop pre-service training for all non-security staff (including civilians)who have contact with inmates directly to provide services or supervision of inmates. This pre-service training, at a minimum, shall address: i) emergency and evacuation procedures; ii) preventing transmission of blood borne pathogens; iii) recognition and reporting of signs of mental illness and/or suicide risks; and iv) reporting requirements for use of force. 17. The County shall hire and train sufficient security staff to fill all shifts. In so doing the County shall adhere to the current overtime management policy (Chapter 106, Overtime Management). Additionally, the County shall not make any substantive changes to the Overtime Management Policy without first allowing DOJ to review the proposed substantive changes. 18. Within twelve (12) months of executing this Agreement, the County shall create and maintain individual training records for all staff, documenting the date and topic of all pre-service and in-service training completed, for all traini...
Sample 1
SUBSTANTIVE REMEDIAL MEASURES 
Sample 1Sample 2Sample 3

Related to SUBSTANTIVE REMEDIAL MEASURES

  • Remedial Measures Upon becoming aware of an alleged security breach, Contractor’s Contract Manager must set up a conference call with the Department’s and the Customer’s Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a thirty (30)- minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Customer, an alternate time for the call will be scheduled. Contractor must share all available information on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department and Customer with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor must notify the Department’s and the Customer’s Contract Manager and in all events, within one business day.

  • Corrective Measures If the Participating Generator fails to meet or maintain the requirements set forth in this Agreement and/or the CAISO Tariff, the CAISO shall be permitted to take any of the measures, contained or referenced in the CAISO Tariff, which the CAISO deems to be necessary to correct the situation.

  • Environmental Measures (i) The Contractor agrees to conduct its activities in connection with the Agreement in such a manner so as to comply with the environmental requirements which includes, inter alia, all the conditions required to be satisfied under the environmental clearances and applicable law, and assumes full responsibility for measures which are required to be taken to ensure such compliance.

  • Governance and Anticorruption The Borrower, the Project Executing Agency, and the implementing agencies shall (a) comply with ADB’s Anticorruption Policy (1998, as amended to date) and acknowledge that ADB reserves the right to investigate directly, or through its agents, any alleged corrupt, fraudulent, collusive or coercive practice relating to the Project; and

  • Provisional Measures 1. The judicial authorities shall have the authority to order prompt and effective provisional measures: (a) to prevent an infringement of any intellectual property right from occurring, and in particular to prevent the entry into the channels of commerce in their jurisdiction of goods, including imported goods immediately after customs clearance; (b) to preserve relevant evidence in regard to the alleged infringement. 2. The judicial authorities shall have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. 3. The judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed or that such infringement is imminent, and to order the applicant to provide a security or equivalent assurance sufficient to protect the defendant and to prevent abuse. 4. Where provisional measures have been adopted inaudita altera parte, the parties affected shall be given notice, without delay after the execution of the measures at the latest. A review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable period after the notification of the measures, whether these measures shall be modified, revoked or confirmed. 5. The applicant may be required to supply other information necessary for the identification of the goods concerned by the authority that will execute the provisional measures. 6. Without prejudice to paragraph 4, provisional measures taken on the basis of paragraphs 1 and 2 shall, upon request by the defendant, be revoked or otherwise cease to have effect, if proceedings leading to a decision on the merits of the case are not initiated within a reasonable period, to be determined by the judicial authority ordering the measures where a Member's law so permits or, in the absence of such a determination, not to exceed 20 working days or 31 calendar days, whichever is the longer. 7. Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by these measures. 8. To the extent that any provisional measure can be ordered as a result of administrative procedures, such procedures shall conform to principles equivalent in substance to those set forth in this Section. SECTION 4: SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES12

  • Infectious Diseases The Employer and the Union desire to arrest the spread of infectious diseases in the nursing home. To achieve this objective, the Joint Health and Safety Committee may review and offer input into infection control programs and protocols including surveillance, outbreak control, isolation, precautions, worker education and training, and personal protective equipment. The Employer will provide training and ongoing education in communicable disease recognition, use of personal protective equipment, decontamination of equipment, and disposal of hazardous waste.

  • Safety Measures Awarded vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

  • Function of Joint Health and Safety Committee All incidents involving aggression or violence shall be brought to the attention of the Joint Health and Safety Committee. The Employer agrees that the Joint Health and Safety Committee shall concern itself with all matters relating to violence to staff.

  • Technical and Organisational Measures (1) Before the commencement of processing, the Supplier shall document the execution of the necessary Technical and Organisational Measures, set out in advance of the awarding of the Order or Contract, specifically with regard to the detailed execution of the contract, and shall present these documented measures to the Client for inspection. Upon acceptance by the Client, the documented measures become the foundation of the contract. Insofar as the inspection/audit by the Client shows the need for amendments, such amendments shall be implemented by mutual agreement. (2) The Supplier shall establish the security in accordance with Article 28 Paragraph 3 Point c, and Article 32 GDPR in particular in conjunction with Article 5 Paragraph 1, and Paragraph 2 GDPR. The measures to be taken are measures of data security and measures that guarantee a protection level appropriate to the risk concerning confidentiality, integrity, availability and resilience of the systems. The state of the art, implementation costs, the nature, scope and purposes of processing as well as the probability of occurrence and the severity of the risk to the rights and freedoms of natural persons within the meaning of Article 32 Paragraph 1 GDPR must be taken into account. [Details in Appendix 1] (3) The Technical and Organisational Measures are subject to technical progress and further development. In this respect, it is permissible for the Supplier to implement alternative adequate measures. In so doing, the security level of the defined measures must not be reduced. Substantial changes must be documented.

  • Environmental and Safety Matters (a) The Company and its Subsidiaries have at all times complied in all material respects with all applicable Environmental and Safety Requirements, which compliance has included obtaining and complying in all material respects at all times with all material permits, licenses and other authorizations required pursuant to Environmental and Safety Requirements for the occupation of their facilities and the operation of their respective businesses. (b) Except as set forth in Section 4.27(b) of the Disclosure Schedule, since February 19, 2008, neither the Company nor any of its Subsidiaries has received any notice, report, order, or directive regarding any, and is not subject to any litigation, proceedings or order regarding any, actual or alleged violation of Environmental and Safety Requirements, or any liability or potential liability arising under Environmental and Safety Requirements, in effect prior to and as of the date of the applicable Closing, relating to the business, the Owned Real Property or Leased Real Property. (c) Except as set forth in Section 4.27(c) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries has treated, stored, disposed of, arranged for or permitted the disposal of, transported, handled, released, or exposed any Person to, any substance (including without limitation any hazardous substance), owned or operated any property or facility which is or has been contaminated by any substance, so as to give rise to any current or future liabilities under any Environmental and Safety Requirements in effect at the time of such treatment, storage, disposal, transportation, handling, release or exposure. (d) Except as set forth in Section 4.27(d) of the Disclosure Schedule, neither the Company nor any of its Subsidiaries has assumed, undertaken, or provided any indemnity with respect to, any liability of any other Person relating to Environmental and Safety Requirements. (e) The Company has furnished to Investor true and correct copies of all environmental audits, reports, assessments and all other documents materially bearing on environmental, health or safety liabilities relating to the past or current operations or facilities of the Company and all of its Subsidiaries, in each case which are in its possession or under its reasonable control.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!