If a friend or family member (or maybe even yourself) is arrested, it can be one of the most stressful moments of your life. It will feel like that person has lost all of their basic human rights. But that’s not the case, and it’s important to know the rights of an inmate.
A bail bondsman, like PCS Bail Bonds, can help with getting someone released from jail, but it’s still essential to be educated about the rights to which inmates are entitled. Below is a list that briefly outlines these rights.
First Amendment Rights
When someone is arrested, they will not lose their First Amendment rights as long as those rights don’t impede their status as an inmate. This will protect the inmate from any inhumane treatment. In addition, it gives the inmate other rights, such as being present when their mail is opened and freedom of speech.
Right to Not Be Discriminated Against
No matter their race, religion, gender, sexuality, age, social status, education or anything else, inmates have the right not to be discriminated against.
If any discrimination is proven, the courts may have to determine if the discrimination was unconstitutional. There are different methods of determination for different types of discrimination.
Access to Physical/Medical Care
This is a gray area of the law, because not all medical care is equal. Basically, the rights of the inmates allow them to have reasonable medical treatment, but not extensive or elective treatment.
If an inmate, for example, needs visual aids, they can get basic glasses (reasonable), but might not be able to contact lenses (extensive). If they have a severe wound, they would be able to get it treated (reasonable) but would not be able to get any cosmetic work done for the scarring (extensive).
Right Not to Be Harassed
Under no circumstances do other inmates or prison staff have the right to harass an inmate. If an inmate has been shown to be harassed, verbally or otherwise, by a fellow prisoner or any employee of the prison, serious repercussions to the proven harassers can occur, including criminal sanctions.
Right to Appropriate Mental Care
Having the right to appropriate mental care is another right of someone being detained as a prisoner. They may have to show proof of an injury or other distress to receive the proper mental care. However, in those cases, they have the right to reasonable mental health care and attention.
Rights for Disabled Inmates
In the case where a prisoner is physically disabled or has physical limitations, they must be accommodated to factor for those special requirements. Whether it’s having wheelchair ramps, ample cell space, proper fittings in a bathroom, or someone to sign to translate for an inmate who is hearing impaired, these all must be provided as part of the rights of a prisoner.
Right to Humane Facilities
While the purpose of a prison is to keep someone who has been charged or convicted confined as part of their debt to society, the prisoner is still entitled to serve that time in humane conditions. This means that the jails and prisons must have proper bathroom facilities, be free of fire hazards, have no vermin infestations, and more.
Right to Complain About Prison Conditions
If an inmate believes that the conditions in the prison are not safe, are unsanitary, and are not up to the basic standards for a prison, the inmate may file a court claim to complain about the conditions.
However, inmates should be aware that they should try to resolve the complaints with officials before filing with the court, as the inmate would be responsible for paying the court fee for such a complaint.
It’s important for anyone who has been arrested or who is a friend or family member of someone who has been arrested to be familiar with these rights. PCS Bail Bonds of Texas can help familiarize you with these rights in addition to helping you secure bail.
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 with your bond needs.