Civil Rights of Inmates Rights of Inmates come

Civil Rights of Inmates

Rights of Inmates come from: l Federal government through the BILL ____of RIGHTS _______ & ________ CONSTITUTION l STATE CONSTITUTION __________________ l STATE ADMINISTRATIVE CODES (NAC) __________________ l __________________ AGENCY POLOCIES & PROCEDURES

Rights vs. Privileges l Rights are ________ GUARANTEED to all inmates and can only be compromised for reasons related to SECURITY ______ l Privileges are favors granted to the inmate for various reasons. l Privileges can be ________ TAKEN AWAY CANNOT rights ______

What inmates give up l The biggest thing inmates lose is their _______ FREEDOM l The right to free ______ ASSEMBLY l VOTE The right to ____ l The right to be free from ___________ SEARCH & SEIZURE without PROBABLE _________ CAUSE

Rights that remain in effect are: l Subject to ________ MODIFICATION when SECURITY MATTERS they conflict with __________

Inmate basic constitutional rights l l l To be free from discrimination based on race, religion and national origin To be free from cruel and unusual punishment The right to religious freedom The right to reasonable and prudent care The right of due process/access to the courts The right to send and receive mail

Balancing Test Question When can an Inmates right to Freedom of Speech and Freedom of Religion be restricted? When it conflicts with SAFETY, SECURITY and CONTROL of the institution.

Balancing Test Question Does the Constitution guarantee basic rights to all citizens, including Inmates? True or False?

Balancing Test Question l Do Inmates have a Constitutional right to be protected against the constant threat of violence? l Cruel and Unusual Punishment (Eighth Amendment) l Inmates are protected against cruel and punishment, defined as those punishments that are incompatible with the evolving standards of decency that mark the progress of a maturing society; deliberate indifference to inmates’ rights.

Cruel and unusual punishment l CONDITIONS l CLOTHING l VENTILATION l OVERCROWDING l HYGIENE l VERBAL ABUSE l PHYSICAL ABUSE

Cruel and Unusual Punishment cont. l Duty to Protect… l We are required, by law, to move an inmate who is in fear for his life or in need of protective custody.

DUE PROCESS: l The inmate’s right to due process under the law is protected under the Fourteenth Amendment.

Balancing Test Question Define: “Good Faith. ” l Good faith – Whitley v. Albers, United States Supreme Court, 1986. As long as security measures are taken in good faith, a resulting injury to an inmate does not entail Eighth Amendment violations.

Privileged Communication: l An Inmate's phone call is ONLY privileged when they are talking to their attorney! l At any other time they may be monitored for safety and security of the institution.

Inmate Mail: l l When may an inmate’s mail be inspected for contraband? Mail can be read, but only censored if there is an important security breach (AR 750). – The Department has the right to inspect all incoming or outgoing general correspondence or mail for contraband per AR 750.

Expectation of Privacy: l According to “Policy” Inmates have no expectation of privacy when speaking to any other inmate.

OFFICER LIABILITY! l An Officer violating an inmates civil rights may be subject to disciplinary action as well as being sued by the inmate.

Wolf V. Mc. Donald: l Case covers Due Process and the fact the inmate must be notified 24 hours in advance of loss of privileges and Stat time and Work Credits.

Exception to the visiting privilege l A visit with a lawyer is a RIGHT ______ so this cannot be _______ TAKEN AWAY l MODIFIED in the interest of However, it can be __________ SECURITY to a _______ NON-CONTACT visit.

Unreasonable Search and Seizure l No protection in prison cells (open to question if searches are done merely to harass) l Pat search – _______ ANY REASON l Strip search – ____________ REASONABLE BELIEF l Body cavity – ____________ PROBABLE CAUSE: – ____________________ MUST BE CONDUCTED BY MEDICAL STAFF

Steinberg Vs Taylor. 1980 l That shakedown procedures very like those adduced at trial denied the inmates due process, and that receipts must be given for seized property, and certain minimal procedures must be provided to enable an inmate to challenge a seizure.

Define: Civil Rights According to Dictionary. com, l plural noun, (often initial capital letters) 1. rights to personal liberty established by the 13 th and 14 th Amendments to the U. S. Constitution and certain Congressional acts, especially as applied to an individual or a minority group. l 2. the rights to full legal, social, and economic equality extended to blacks.

Inmates Responsibilities l The first and primary responsibility is to uphold the RULES OF THE AGENCY ____________ l To keep themselves and their ____________ LIVING AREA CLEAN l LEGITIMATE WORK ASSIGNMENTS Carry out _________________

Constitutional Rights of Inmates Are There Any Questions