DiCindio Law LLC | January 19, 2023 | Criminal Defense
Every day, prisoners across the United States are subjected to mistreatment and abuse. Unfortunately, many prisoners do not realize that they have rights that must be protected. Even if you or a loved one is currently incarcerated, it is important to remember that you have rights under the law. Keep reading to learn more about prisoners’ rights in Pennsylvania.
The Right To Humane Conditions
All inmates under the custody of the state are entitled to humane conditions while incarcerated. This includes being treated with respect, having access to basic sanitation needs such as clean water, and having access to adequate shelter and sleeping arrangements.
Inmates should also be provided with basic necessities, including clothing, bedding materials, and toiletries, as well as access to recreational activities.
The Right To Nutrition
All inmates must be provided with adequate nutrition while they are in prison. This includes being provided three meals a day at regular intervals with enough food for each inmate to remain healthy during their incarceration. The food should meet the state’s nutritional guidelines and be served in a manner that respects human dignity.
The Right To Adequate Medical and Mental Health Care
All inmates have the right to receive timely medical and mental health care when needed. If an inmate is suffering from a physical or mental illness or injury, they must be given prompt medical attention by qualified professionals who can diagnose and treat their condition appropriately.
In addition, inmates should have access to preventive healthcare services such as routine checkups and immunizations against contagious diseases like tuberculosis or hepatitis C.
Freedom from Sexual Harassment and Discrimination
All inmates have the right to be free from sexual harassment and discrimination, regardless of gender identity or sexual orientation, under the Federal Prison Rape Elimination Act (PREA). Any form of unwanted advances or comments based on gender identity or sexuality should not be tolerated within prison walls. It should be reported immediately if it occurs so that prison authorities can take appropriate action.
Protection Against Cruel and Unusual Punishment and the Use Of Excessive Force
Every prisoner has the right to protection against cruel and unusual punishment as well as excessive force used by guards or other staff members within prison walls. Under no circumstances should physical punishment such as beatings ever take place.
Protection for Prisoners With Disabilities
The Americans With Disabilities Act (ADA) provides protections for inmates with disabilities while they are incarcerated. This includes providing reasonable accommodations such as wheelchairs or other assistive devices, accessible bathrooms, showers and toilets, and modifications to policies if necessary to ensure equal access for inmates with disabilities.
It also prohibits discrimination against individuals with disabilities in any program or activity conducted by the correctional facility.
The Right To Complain About Treatment or Conditions in Prison
Prisoners also have the right to complain about treatment or conditions in prison without fear of retaliation or punishment. All prisons must provide access to grievance procedures so that inmates can report concerns about mistreatment or unsafe conditions without fear of retribution from guards or administrators.
Protections for Pregnant Prisoners
Pregnant prisoners have certain rights while incarcerated. These rights include access to health care, housing accommodations that would allow for better supervision of pregnant inmates, privacy for prenatal care visits, and access to necessary services such as parenting classes and substance abuse counseling.
Additionally, PREA mandates that all correctional facilities provide appropriate medical care for pregnant inmates from the time of their admission until they are released from prison.
The Right To Due Process
Finally, all prisoners have the right to due process under the law. Any disciplinary action taken against an inmate must follow legal procedures set forth by the state or federal government—including providing necessary evidence and allowing the prisoner an opportunity to defend themselves—before any punishment is imposed.
Contact a West Chester Criminal Defense Lawyer If Your Rights Were Violated While Incarcerated
It’s important for anyone who has been convicted of a crime and sent to prison in Pennsylvania to know their rights so they can be sure they’re being treated fairly while incarcerated. While prisons should serve as places where people can reform and make amends for their crimes, too often, they become places where inmates’ human rights are violated on a regular basis.
If you believe your rights or the rights of a loved one have been violated, contact an experienced West Chester criminal defense attorney for help.
***This blog article is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By reading, you understand that there is no attorney client relationship between you and the publisher. The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law, LLC for a consultation and to discuss what law is relevant to your case. ***