Even the most chronic or hardened inmates have basic rights that are protected by the U.S. Constitution. If you are facing incarceration, or if you have a family member or friend who is in prison or jail, you should know about inmates' rights.
The rights of inmates include the following:
Pre-trial detainee must be housed in humane facilities; they cannot be "punished" or treated as guilty while they await trial.
Inmates also have the right to be free, under the Eighth Amendment of "cruel and unusual" punishment; the term noted by the Supreme Court is any punishment that can be considered inhumane treatment or that violates the basic concept of a person's dignity may be found to be cruel and unusual. For example, an inmate held in a 150-year-old prison infested with vermin, fire hazards, and a lack of toilets would exemplify a constitutional violation.
An inmate cannot be subjected to sexual crimes including sexual harassment. The Prison Rape Elimination Act protects prisoners.
Inmates cannot be racial segregated in prisons, except where necessary for preserving discipline and prison security.
Inmates can complain about prison conditions and have a right of access to the courts to air these complaints.
Disabled prisoners are entitled to assert their rights under the Americans with Disabilities Act to ensure that they are allowed access to prison programs/ facilities that they are qualified and able to participate in.
Inmates are entitled to medical care and attention as needed to treat both short-term conditions and long-term illnesses. The medical care provided must be "adequate."
Inmates who need mental health care are entitled to receive that treatment in a manner that is appropriate under the circumstances. The treatment must be "adequate."
Inmates are entitled to a hearing if they are to be moved to a mental health facility. However, an inmate is not always entitled to a hearing if he or she is being moved between two similar facilities. A mentally ill inmate is not entitled to a full-blown hearing before the government may force him or her to take anti-psychotic drugs against his or her will. It is sufficient if there is an administrative hearing before independent medical professionals.
Inmates retain only those First Amendment rights, such as freedom of speech, which are not inconsistent with their status as inmates and which are in keeping with the legitimate objectives of the penal corrections system, such as preservation of order, discipline, and security. In this regard, prison officials are entitled to open mail directed to inmates to ensure that it does not contain any illegal items or weapons, but may not censor portions of correspondence which they find merely inflammatory or rude.
Inmates are entitled, under the Due Process Clause of the Constitution, to be free from unauthorized and intentional deprivation of their personal property by prison officials. However, Inmates do not have a reasonable expectation of privacy in their prison cells and are not protected from "shakedowns," or searches of their cells to look for weapons, drugs, or other contraband.
Under the PLRA:
Note: If the inmate is in risk of immediate and serious physical injury, the three strike rule may be waived.
Incarceration presents many challenges. If you or someone you know is facing time in prison or county jail, then you need to know about inmates' rights. To find out about whether specific rights have been violated, such as inadequate medical care or blatant acts of abuse, you should speak with a civil rights attorney right away.
