Constitutional Rights of Inmates: Balancing Freedom and Security

1. Constitutional Rights of Inmates

2. 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

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

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

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

6. 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?

7. 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

8. 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 SECURITY NON-CONTACT

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

10. 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

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

12. 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

13. 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

14. Constitutional Rights of Inmates Are There Any Questions