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What Rights Do Inmates Have in Jail?

    inmates rights

    It’s obvious that some prisoner rights and privileges are removed when they are in jail, but along with their basic human rights, there are certain rights that protect them. Inmates who are in the pre-trial stage, where they are waiting in jail for their trial, have the right to post bail or be housed in humane facilities and cannot be treated as guilty during this time. All other inmates generally have the following prisoner rights list and laws applied to them.

    Rights of Inmates in Jail

    The law that deals with the inmate rights in county jail is known as Prisoner’s Rights Law. Many of these laws have to do with the fundamental rights and civil liberties of all humans. Here are some of the Prisoner’s Rights.

    Cruel and Unusual Punishments

    According to the Eighth Amendment, every inmate has the right to be free from inhumane treatment or any “cruel and unusual” punishment. Unfortunately, this amendment did not clearly define what these punishments include, meaning much of the definition has come from case law. In general terms, any punishment that is considered inhumane such as torture or abuse, or violating a person’s dignity, may be considered a cruel and unusual punishment within court discretion.

    Sexual Harassment or Sex Crimes

    Inmates have the right to be free from sexual harassment and sex crimes from other inmates and prison personnel. Courts will hold guards, administration, and government officials responsible for allowing these crimes and harassment to occur or allowing programs of systematically inflicting these conditions on inmates. These acts have civil penalties and criminal sanctions against those who commit them.

    Right to Complain about Prison Conditions and Access to the Courts

    Inmates have the right to complain about prison conditions and to express their concerns to prison officials and the courts. If an inmate has been denied their rights to complain or voice their concerns, civil judgements have been filed against officials.

    Disabled Prisoners

    The Americans with Disabilities Act protects inmates who are entitled to certain reasonable accommodations to ensure they have the same access to prison facilities as everyone else.

    Medical and Mental Healthcare

    Access to medical care and mental health treatment are the rights of prisoners as well as the general public. These treatments need only to be adequate or reasonable. Because of this, if an inmate has a cavity, they may need to have it removed and may not be entitled to a filling. With life threatening illness, like AIDS or forms of cancer, many inmates are only given the minimum treatment necessary to keep them moderately comfortable. Inmate rights to medical care may not include treatment to extend their life or to fight their illnesses.

    First Amendment Rights

    The rights of free speech and religion fall under the First Amendment, which also applies to inmates, as long as exercising these rights do not interfere with their inmate status. If the desire to exercise these rights interfere with the legitimate objectives of the correctional facility such as order, security, and discipline, the rights will not apply. Prison officials have the authority to open incoming mail, read e-mails, and screen any outgoing communications to prevent the risk of these messages interfering with the objectives of the prison.


    While imprisoned, inmates have the right to be free from discrimination based on race, ethnicity, religion, age, etc.

    Rights That Inmates Do Not Have

    Although inmates have all the rights mentioned above, they will still lose some of the comforts they enjoyed before incarceration. They will generally lose their right to privacy in prison. They will need to deal with warrantless searches of their person or cell. While they do retain their Due Process rights, and are free from the intentional withholding of their personal property by prison officials, this does not include any kind of contraband.

    Choosing a Bail Bonds Company

    Depending where you are and the crime you are accused of, spending time in jail can be a risky and dangerous thing. If you or someone you know has been arrested and is in jail waiting for the trial date you may want to get out of the environment as quickly as possible. Although the aforementioned rights and laws apply to inmates, crimes and foul play can still happen.

    For help getting out of jail and posting bail, there are options available to you when you work with a bail bondsman at PCS Bail Bonds. We can help you if you need to post bail or need advice about your situation. We provide 24-hour bail bonds for all kinds of charges including theft, drug possession, embezzlement, assault, and more. We can help you get collateral and offer 10% lower bond fees. Our experienced agents can help you obtain a bond in a fraction of the time.

    We have professional memberships in several renowned associations including the Professional Bondsmen of Texas, Tarrant County Bar Association, and Professional Bondsmen of Tarrant County. We serve clients in Fort Worth, Texas, and other municipalities in Tarrant County. We process our clients’ requests quickly and efficiently. Our bond agents are always on call and we can be down to the jail in under 30 minutes.

    Contact us now by phone at 817-335-1655, at our e-mail, visit in-person, or fill out our bail bond request form. You can be confident that you’re working with experts who are dedicated to helping you.

    Author: Paul Schuder

    Paul Schuder is the owner of PCS Bail Bonds and Profession Court Services (PCS). He is a lifelong resident of the Dallas/Fort Worth area. Paul has over twenty years of courthouse experience, and has been in businesses involving the criminal justice system for his entire career. Paul has helped thousands of clients with their pursuit of justice and fair play. Mr. Schuder maintains high levels of respect with all the court house personnel, especially judges and attorneys. Using a close hands-on personal approach and a keen understanding of all cultures, helps people when they need it most. Add me to your G+

    Need to Bail Someone Out of Jail Immediately?Call Us Now at 817-335-1655(We Serve All of Tarrant County, Texas)