Constitutional Rights of Inmates

What inmates give up The biggest thing inmates lose is their _____________ The right to free ____________ The right to ________ The right to be free from _____________________ without _________________ FREEDOM ASSEMBLY VOTE SEARCH & SEIZURE PROBABLE CAUSE

Rights that remain in effect are: Subject to ________________ when they conflict with ____________________ MODIFICATION SECURITY MATTERS

Balancing Test Question 1 1. Is there a valid connection between the regulation and a legitimate correctional interest? Such as: – __________ SECURITY SAFETY ORDER

Balancing Test Question 2 2. Are there other means by which inmates can exercise their rights without a conflict with facility regulations?

Balancing Test, Question 3, 4 3. How much will allowing these inmates to exercise this right affect others in the facility? 4. Is it reasonable?

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

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

Rights of Inmates come from: Federal government through the ____of _______ & _______________ ___________________________________ BILLRIGHTS CONSTITUTION STATE CONSTITUTION STATE ADMINISTRATIVE CODES (NAC) AGENCY POLICIES & PROCEDURES

Inmate basic constitutional rights 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

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

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

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

Constitutional Rights of Inmates Are There Any Questions