Prisoners With Disabilities & Their Legal Rights
When someone has been convicted of a crime and sentenced to jail or prison, they do not lose all of their basic rights. Prisoners with disabilities receive certain protections under the Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973. Under these laws, correctional facilities cannot discriminate against a prisoner on the basis of a disability, and they must take reasonable measures to provide equal access to programs, services, and benefits to prisoners with disabilities. The requirements of the laws essentially overlap, except that Section 504 applies only when the facility receives federal financial assistance.
Violations of the ADA or Section 504 generally occur when a prisoner who has a disability is denied access to a program, service, or benefit for which they are otherwise qualified. A disability is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities. Programs, services, and benefits may involve basic features of prison life like phone access, meals, or showers, as well as opportunities like educational or vocational training programs. A prison does not need to create a program specifically for prisoners with disabilities. Discrimination occurs only when they are excluded from existing programs available to other prisoners, and they otherwise would be eligible to participate in them.
Reasonable Accommodations for Prisoners With Disabilities
Under federal law, correctional facilities must provide a prisoner with a disability with a reasonable accommodation so that they can receive access to a program, service, or benefit. This might involve providing a cell on the first floor to a prisoner whose mobility is impaired, adjusting the diet of a prisoner who has an eating disorder, or providing a TTY phone for a prisoner suffering from severe hearing loss, among other examples. However, a prisoner is not automatically entitled to the accommodation of their choice. A correctional facility does not need to implement an accommodation that imposes an undue burden or requires a fundamental alteration to the program.
Some prisons have established specific policies for reasonable accommodations for prisoners with disabilities. A prisoner seeking an accommodation should look at any such policy before filing a request. When they request an accommodation, they should make their request in writing and clearly describe the need for the accommodation in their circumstances. Mentioning the names of the federal laws at issue may make the request more persuasive. If more than one accommodation would solve the issue, they might want to suggest alternatives in case the prison cannot provide a certain accommodation.
Responding to a Denial by a Prison
If a correctional facility denies a request for an accommodation, a prisoner can follow up to request a different accommodation that may not pose the same issues. Otherwise, they can file a grievance as provided by the Prisoner Litigation Reform Act. This federal law requires a prisoner to exhaust their administrative remedies before going to court.
When filing a grievance, a prisoner should provide the date of their request and the date when it was denied, as well as other dates and names that may be relevant. Certain deadlines and other specific rules may apply to these procedures, with which it is critical to comply. If the grievance is initially denied, a prisoner can continue appealing that outcome through each level of the administrative review process. This is the only way to preserve the claim for an eventual lawsuit. If they go to court, a prisoner with a disability may pursue an injunction as well as damages. An injunction is an order to the prison to do or stop doing something, while damages are monetary compensation for any harm caused.
