Basic human rights are something that cannot be taken away from you, no matter the environment. There are certain things that everyone, even inmates, have the right to. Some people think that being incarcerated, all your rights go out the window, but this is not the case. If you are trying to bail a loved one out of jail, it is important to make sure that you are aware of what rights they have while they are in there. There are eight main inmate rights that everyone should be aware of..
1. The Right to Humane Facilities and Conditions.
This right pertains to the living conditions while being held. It states that all prisoners are to be housed in humane facilities, and are treated humanely. This right protects cruel and unusual punishments. It also protects inmates from being housed in a jail where there are fire hazards, vermin, or a lack of toilets. Another section of this right is for pre-trial inmates. These persons cannot be punished or treated as guilty before their trial.
2. The Right to be Free from Sexual Crimes
This right protects inmates from being subjected to sexual crimes while in jail. This includes sexual harassment, sexual abuse, rape, etc. This protects ALL prisoners. This refers to sexual crimes from both inmates and prison personnel.
3. The Right to be Free from Racial Segregation
This right states that inmates cannot be racially segregated in prisons, except where necessary for preserving discipline and prison security. This right also includes the right to be free from discrimination while in prison. This protects the treatment of inmates no matter their race, religion, ethnicity, or age.
4. The Right to Express Condition Complaints
This right allows inmates to complain about prison conditions. They also have the right to access the court about these complaints. Although they can complain, it is not guaranteed that the conditions will be met.
5. The Right to Assert Their Rights Under the Americans with Disabilities Act
This right protects inmates with disabilities to ensure they have access to the same facilities as inmates without disabilities. It also ensures that certain accommodations are made if necessary. While this is not often the case, all jails but be prepared to have an inmate in a wheelchair, which means there should be active ramps at main entry and exit points.
6. The Right to Medical Care and Attention as Needed
This right ensures that inmates receive “adequate” medical attention. This goes for long term and short term illnesses. Because the care only has to be “adequate” some things can go without treatment, or not be treated in the best way. This right can get tricky because there are not details on what counts as adequate.
7. The Right to Appropriate Mental Health Care
This right is similar to the one above. Mental health care must be “adequate”. However, if an inmate is filing for mental or emotional injury since being incarcerated, they must have proof that they also suffered a physical injury.
8. The Right to a Hearing if They are to be Moved to a Mental Health Facility
This rights states that if an inmate is to be transferred from a prison to a mental health facility, they have the right to a hearing before. This also states that an inmate is not entitled to a full hearing before the government can force the inmate to take anti-psychotic drugs.
While these rights exist to protect inmates, there are some limitations involved. Inmates recieve the right of the First Amendment, to an extend. Inmates have the right to free speech and freedom of religion, but not privacy. This means that any mail or packages that are sent to the inmate are allowed to be opened ahead of time by prison officials. Inmates are also not protected from random cell searches done by guards.
Trying to bail a loved one out of jail can be a stressful time. However, it is important to make sure all of their rights are being met while they are being held. The government takes inmates rights seriously. Making sure your loved one is safe while you are trying to help them can make your journey easier. If you have any questions or need to bail someone out of jail, give us a call or fill out our webform below.