Going to prison may take away your freedom, but it does not erase every legal right that you’re afforded under the law. People in Indiana prisons still have protections on both the state and federal levels. These rights are meant to ensure that inmates are treated fairly and are not subjected to abuse while serving their sentences.
Learn more about prisoners’ rights below and how an Indianapolis criminal defense lawyer can help.
Table of Contents
Basic Constitutional Rights
Prisoners in Indiana are still covered by the U.S. Constitution. Their rights can be limited for safety, but they cannot be taken away completely.
Constitutional protections include:
- Eighth Amendment: Inmates cannot be subjected to cruel or unusual punishment. This includes being denied proper medical care or being forced to live in unsafe conditions.
- First Amendment: Prisoners have the right to practice their religion and communicate with others, although prisons can establish rules to maintain order.
- Fourteenth Amendment: Due process applies when prison officials impose serious discipline, such as revoking good time credits or unnecessarily extending solitary confinement.
These protections are also enforced at the state level through Indiana’s Constitution.
Medical Care and Mental Health Services
Prisons must provide medical care that meets the basic needs of their inmates. This covers emergencies, ongoing health conditions, and services for any health condition that develops during incarceration. If an inmate is knowingly denied necessary care, the law may view it as “deliberate indifference,” which is unconstitutional.
For example, ignoring injuries or failing to provide medication for conditions like diabetes can be a violation. Prisoners who face these issues can file complaints inside the prison system, and in some cases, they can seek help from the courts.
State and federal laws also require prisons to provide adequate mental health care. This includes evaluations, therapy, and medication when necessary. The standard of care is similar to that for physical health, meaning deliberate indifference to serious mental health needs is also unconstitutional. If a prisoner’s mental health is neglected, it can lead to worsening conditions, self-harm, or even suicide.
Safety and Protection
The state is responsible for protecting prisoners from harm. This includes preventing violence from other inmates and stopping abuse by staff. Facilities must also provide safe living conditions that are not overcrowded or unsanitary.
If officials know about a serious threat to an inmate’s safety and ignore it, they can be held responsible under the law.
Religious Rights
Prisoners in Indiana are allowed to practice their religion. They can attend services, read religious texts, and request accommodations for diet or practices when reasonable. The law requires prisons to avoid unnecessary limits on religious freedom.
In many cases, disputes arise when, for instance, inmates request special meals or items for religious use. While prisons are not required to grant every request, they must demonstrate that any denial is tied to legitimate security or management concerns.
Communication With the Outside World
Prisoners in Indiana still have the right to maintain contact with people outside. They can send and receive letters, although prison staff may inspect regular mail for security reasons. Mail between an inmate and their lawyer must stay private.
Phone calls are usually allowed, but most are monitored or recorded. The only exception is calls with attorneys, which are kept confidential. Family visits may also be permitted, but these often come with additional rules that must be followed.
Communication ensures that inmates can maintain access to legal representation, which is vital when addressing appeals and other matters about prison conditions.
Discipline and Due Process
Prisons often use discipline to enforce rules, but inmates are still entitled to due process protections.
When facing major discipline, prisoners should receive:
- Written notice of the charges against them
- A fair hearing before an impartial decision-maker
- A chance to present evidence and witnesses when possible
- A written explanation of the outcome
These safeguards prevent punishment from being unfair or arbitrary. Although prison staff do have the authority to impose discipline, that authority is not without bounds.
Limits on Prisoner Rights
Not every right carries over into prison. For example, Indiana inmates cannot vote while serving their sentences. Privacy is also limited since prison officials are allowed to search cells and monitor communication.
Free speech rights are also restricted. For example, inmates cannot incite violence or refuse to follow prison rules under the claim of “free expression.” Similarly, rights to gather in groups may be limited if officials believe it poses a security threat.
The guiding principle is that restrictions must be tied to safety, order, or rehabilitation. Courts generally (but not always) defer to prison officials when they can show that a rule is reasonably connected to these goals.
Contact Suhre & Associates DUI and Criminal Defense Lawyers Today to Speak With an Indianapolis Criminal Defense Attorney
If you believe your loved one’s rights are being ignored in prison, legal help is available. An experienced attorney can explain how state law applies to your case and help you move forward from there as best as possible.
To get started, with an Indianapolis criminal defense lawyer at Suhre & Associates DUI and Criminal Defense Lawyers, call us at (317) 759-2599 to schedule a free consultation today.
