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Rights of Inmates

Inmates in the U.S. have basic rights protected by the Constitution, including humane treatment, freedom from sexual crimes, and access to medical and mental health care. They also have the right to express complaints, assert rights under the Americans with Disabilities Act, and receive a hearing before being moved to a mental health facility. Limitations exist on their rights, particularly regarding First Amendment freedoms and property, and the Prison Litigation Reform Act imposes additional requirements for filing lawsuits.

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11 views3 pages

Rights of Inmates

Inmates in the U.S. have basic rights protected by the Constitution, including humane treatment, freedom from sexual crimes, and access to medical and mental health care. They also have the right to express complaints, assert rights under the Americans with Disabilities Act, and receive a hearing before being moved to a mental health facility. Limitations exist on their rights, particularly regarding First Amendment freedoms and property, and the Prison Litigation Reform Act imposes additional requirements for filing lawsuits.

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smartnaana
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Rights of Inmates

Created by FindLaw's team of legal writers and editors | Last reviewed July 20, 2017

Legally Reviewed

Fact-Checked

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:

 The right to humane facilities and conditions


 The right to be free from sexual crimes
 The right to be free from racial segregation
 The right to express condition complaints
 The right to assert their rights under the Americans with Disabilities Act
 The right to medical care and attention as needed
 The right to appropriate mental health care
 The right to a hearing if they are to be moved to a mental health facility

The Right to Humane Facilities and Conditions


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.

The Right to be Free from Sexual Crime


An inmate cannot be subjected to sexual crimes including sexual harassment. The Prison Rape Elimination
Act protects prisoners.

The Right to be Free from Racial Segregation


Inmates cannot be racial segregated in prisons, except where necessary for preserving discipline and prison security.

The Right to Express Complaints


Inmates can complain about prison conditions and have a right of access to the courts to air these complaints.
The Right to Assert ADA Rights
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.

The Right to Medical Care/Attention


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."

The Right to Appropriate Mental Health Care


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."

The Right to a Hearing


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.

Limitations on Inmates' Rights


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.

Prison Litigation Reform Act (PLRA)


Under the PLRA:

 Prisoners must exhaust internal prison grievance procedures before they file suit in federal court.
 Prisoners must pay their own court filing fees, either in one payment or in a series of monthly installments.
 Courts have the right to dismiss any prisoner's lawsuit which they find to be either "frivolous," "malicious" or
stating an improper claim. Each time a court makes this determination, the case can be thrown out of court
and the prisoner can have a "strike" issued against them. Once the inmate receives three "strikes," they can
no longer file another lawsuit unless they pay the entire court filing fee up front.

Note: If the inmate is in risk of immediate and serious physical injury, the three strike rule may be waived.

 Prisoners cannot file a claim for mental or emotional injury unless they can show that they also suffered a
physical injury.
 Prisoners risk losing credit for good time if a judge decides that a lawsuit was filed for the purpose of
harassment, that the inmate lied, or that the inmate presented false information.

Inmates' Rights: Consider Talking to an Attorney Today


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.

Prisoner privileges and rights


Prisoners who follow rules can earn privileges. This is called the ‘Incentives
and Earned Privileges Scheme’. A prisoner may be able to:

 get more visits from family or friends


 be allowed to spend more money each week
Privileges are different in each prison - staff can explain to the prisoner how
the scheme works.

Rights
Prisoners have rights, including:

 protection from bullying and racial harassment


 being able to get in contact with a solicitor
 healthcare - including support for a mental health condition
All prisoners should be able to spend between 30 minutes and an hour
outside in the open air each day.

Punishments
A prisoner who breaks prison rules is normally punished. They can be:

 kept in their cell for up to 21 days


 given up to 42 extra days in prison on top of their original sentence

The prison can take away privileges, for example removing a TV from a cell.

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