What rights do I have while incarcerated?

What rights do I have while incarcerated?

Are you facing incarceration? Have a loved one or family member behind bars in Palm Bay, Brevard County or surrounding areas throughout Florida? You probably have questions about the fights of those incarcerated.

Inmates in Brevard County and throughout Florida are granted certain inalienable rights including the right to:

  • Freedom from sexual crimes
  • Humane living conditions and facilities
  • Freedom from racial segregation
  • Assert their rights under the Americans with Disabilities Act
  • Express condition complaints
  • Medical care as needed and necessary
  • Appropriate mental health care
  • A hearing if they are to be moved to a mental health facility

Inmates from local jails to federal prisons are granted basic rights protected by the U.S. Constitution. Further, those detainees awaiting trial are not to be treated as ‘guilty’ nor punished in any way.

Many such protections and rights are granted under the broad umbrella of the 8th Amendment to the U.S. Constitution, expressly prohibiting ‘cruel and unusual punishment’.

However, other rights, such as those under the First Amendment, may be in direct opposition of legitimate objectives of the penal corrections system (such as maintaining order, security, and discipline). In such cases, certain rights may be infringed upon only so far as they are required (such as opening mail to check for weapons).

Inmates are also entitled to ‘Due Process’ under the Constitution, and freedom from intentional or unauthorized deprivation of personal property by prison officials.

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