Prisoner Rights
While some inmate rights may vary slightly from state to state, federal law guarantees basic human rights to all inmates under the United States Constitution of America. Inmates in Utah have inalienable rights that must be upheld through the entire legal process, from pretrial detainment to conviction, and incarceration, should that occur. We should also mention that inmate rights are different than inmate privilege.
How to Challenge a Violation of Your Rights in Prison: The Jailhouse Lawyers Handbook
Inmates Have the Right to Be Free from Cruel and Unusual Punishment
Inmates are afforded the right to be free from any cruel or unusual punishment. When a person is incarcerated, the incarceration is the punishment for the crime they committed, there cannot be further punishment by guards or other prisoners. No torture, abuse, or degradation is legally allowed to occur.
Inmates Have the Right to Nutritious Food and Exercise
Inmates are also guaranteed by the law to adequate nutrition, healthful food, which is palatable. Inmates are entitled to at least one hot meal per day. Any inmate with special dietary needs has the right to have their dietary needs met. All food must be prepared in a sanitary way.
Inmates are entitled to exercise outdoors for a minimum of one hour per day if weather permits. Inmates have the right to adequate time out of their cells each day for recreational purposes, as well as time to maintain their health.Sell it.
Inmates Have the Right to Be Free from Sexual Harassment
All inmates have the right to be free from sexual harassment from not only other prisoners but guards as well. This includes more than sexual aggression and includes sexual innuendo, suggestions, or any type of sexual harassment.
Inmates have the right to practice their religion.
Rreedom of religion is protected by the First and Fourteenth Amendments of the U.S. Constitution and several federal statutes.
Inmates Have the Right to Voice Complaints and Access to the Courts
All inmates also have the right to voice any complaints they may have against the jail or prison where they are housed. Inmates have this right without the fear of reprisal. Inmates have the right to have access to the courts to voice any complaints as well.
Disabled Inmates Rights' Are Protected by the American's with Disabilities Act
Disabled inmates are protected by the Americans with Disabilities Act. A disable inmate must be given adequate medical attention according to their needs, as well as the adequate housing and access to all facilities that other inmates have access to.
Inmates Have the Right to Adequate Medical and Mental Health Care
All inmates are entitled to adequate medical and mental healthcare. This includes continued care, checkups, and emergency care. If special medical treatment is required, inmates have the right to receive such care, including dental care without being charged a fee. Geriatric, female inmates, inmates under the age of eighteen, and inmates with disabilities are entitled to treatment sensitive to their needs when possible.
Inmates Have the Right to Be Free from Discrimination
Inmates also have the right to be free of any kind of discrimination while incarcerated. This includes discrimination due to age, religious beliefs, sexual preferences, disability, or racial segregation.
Inmates Have the Right to Freedom of Speech
Inmates have the right, just as any American, to freedom of speech which is protected under the First Amendment, just as freedom of religion is protected. Inmates may exercise this right to the extent that it does not interfere with their status as an inmate. For instance letters may be written and received, without fear of reprisal if an inmate expresses views on prison life or prison staff.
Inmates Have the Right to Privacy
Inmates also have the right to an appropriate degree of privacy when using the restroom, showering, and any other situations where a degree of privacy would be expected. There are exceptions to this in prison, however, privacy is to be observed whenever possible.
Inmates Have the Right to Organize
Inmates also have the right to organize in prison for many purposes. One of which, is to demand changes in the prison if problems in living conditions, healthcare, or inmates rights are being violated. Inmates have this right as well as the right to be free from reprisal for doing so.
Inmates Have the Right to Be Notified of Disciplinary Action
Inmates also have the right to know what type of conduct warrants disciplinary action. All rules and regulations should be made available to the inmate in a handbook or in a way that may be reviewed if needed.