The US prison and jail systems strive to treat prisoners humanely. As such, some rights are suspended when a person is arrested but not all of them are. Below is a list of rights inmates have while in custody in California.
Medical and Mental Health Care
The medical facilities and mental health services are far from state-of-the-art, but they do exist. Inmates have the right to treatment when they are suffering while in one of California’s state prisons or county jails. However, it’s very important to note that while they have the right to treatment, they do not have the right to all treatment options available to non-prisoners.
For example, when someone in prison has a dental issue, a dentist may pull a tooth to alleviate it, but won’t be putting in any crowns or veneers.
Freedom of Religion
Prisoners have the right to practice whatever religion they choose, provided it does not interfere with the running of the prison. Additionally, prisoners cannot practice in ways that might pose a danger to guards, visitors, or other inmates.
Freedom from Abuse
Prisoners have the right to be free from mistreatment, abuse, harassment, and excessive force while in jail. When someone is the victim of abuse and/or harassment there are mechanisms in place to investigate the incident and ensure that any relevant punishment is dealt out.
Freedom from Discrimination
Much like citizens who are not in police custody, prisoners are to be free from discrimination based on their age, race, gender, sexuality, etc.
Not All Rights are Guaranteed
Once a person is arrested, they still have rights, but they’re not always guaranteed. If the safety and security of the jail is impacted negatively, jail staff have the option to curtail certain rights.
A good example of this curtailment of rights can be seen when it comes to contraband. Jailers have the right to search an inmate’s person, belongings, and personal space to look for contraband or other illegal/restricted items.
What to do When Your Rights are Violated in Jail
If someone’s rights are infringed upon while they are in custody, the first thing to do is contact a lawyer. Prisoners and their families are also allowed to write letters and petition the court in a variety of circumstances.
