Examples Of Disabilities In Prisons

Intro to Corrections
4/8/14
Professor Caine

Disabilities in Jails To have a disability means that you have a physical or mental illness that limits your activities movement, senses, or activities. Three percent of state prison population meets federal statutory definition of developmental disabilities. Inmates with developmental disabilities have long prior histories of criminal convictions involving more serious offenses than other inmates to have served a prior prison or jail term. Prisoners with disabilities are flying under the radar and aren’t getting the help they need making it hard for them to get rehabilitated. People with disabilities in prisons is becoming a huge issue throughout the world. There were many acts passed throughout
the years to help the abuse of disabled people and they all apply to disabled inmates throughout the United States. One of the first acts that was passed was Rehabilitation Act of 1973. The Rehabilitation Act of 1973 extends and revises the authorization of grants to states for vocational rehabilitation services, with special emphasis on services to those with the most severe disabilities, to expand special federal responsibilities, research, and training programs with respect to individuals with disabilities. Another act that is very important is the Americans with Disabilities Act. The Americans with Disabilities Act gives civil rights protections to individuals with disabilities that are like those provided to individuals on the basis of race, sex, nation origin, and religion. It guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, state and local government accommodate handicapped persons. This applies to jails because jails need to accommodate for people who are physically handicapped and have disabilities by providing ramps and other handicap accessible devices. Although there are act passed to help discrimination against people with disabilities in corrections, it unfortunately still happens. An inmate, Ricky Thomas, in Santa Rita jail in Alameda County, California was one of one hundred prisoners with mental disabilities housed in the psychiatric wing known as unit nine. Prisoners in this wing were forced to wear white and green uniforms, which is another way these prisoners are separated from the rest of the inmates. Ricky Thomas says that unit nine prisoners get no programs, no schooling opportunities, no church, are not allowed to go outside, and are limited to only two hours outside of their cells a day. Thomas has been complaining about the prisons unfair rules since 2011, and because of complaints the prison doctor took away his much needed walker. Without the walker Thomas was neglected his insulin shots for two weeks because he was unable to walk to go get them. Eventually the prison physical therapist represcribed him a walker. Thomas was completely neglected because he was trying to shed light on the cruel living accommodations of prisoners throughout unit nine. In Alabama HIV positive prisoners had to wear a white armband identifying that they are “infected.” They are also subjected to a dorm room where they can’t participate in substance abuse, work-release, and other programs. In 2012 a federal judge deemed this practice discriminatory and that they are not allowed to separate or make it public which prisoners are HIV positive. Soon after that South Carolina announced they would stop segregating their HIV positive prisoners. In 1988 South Carolina ruled that HIV positive inmates are considered disabled even if there were no symptoms of the disease, but a person with multiple health conditions is only considered disabled if ailment substantially limit participation in major life activity. Having disabled people in jails is a constant problem because they are being taking advantage of by other inmates or correction officers.
They are mistreated and don’t belong being “mainstreamed” into the general population of state prisons. They often have trouble adjusting to prison rules and are more likely to have prison rule infractions on their records. They usually don’t know that they are doing something wrong when they get in trouble which is the bad thing about them getting put together with other prisoners. They often are victims of trickery and abuse from other inmates because they have a hard time understanding and communicating with others. If the inmate is physically disabled they can become a victim of physical abuse by other prisoners because they don’t have the same physical advantages as the others making them easier targets. I think we should be more aware about disabled prisoners flying under the radar and not getting the real help they need. If the disabled prisoners aren’t getting the help they need, they aren’t really getting rehabilitated so there is no point of them being in jail to begin with because once they get out they are bound to commit another crime. Disabled prisoners have sued to get equal access to facilities, programs, and services. For examples disabled prisoners sued for prison showers, toilets, and to be protected from injury or risk of injury. Deaf and hearing impaired prisoners won cases to get sign language interpreters for hearings
and certain counseling programs. If disabled prisoners are neglected medical devices such as wheelchairs, walkers, or canes, it is a violation of there eighth amendment rights. This means that it is considered cruel and unusual punishment for disabled prisoners to be deprived from these things that they need. The American Civil Liberties Union is a non-profit organization that has a mission to defend and preserve the individual rights and liberties guaranteed to every person in this country by the constitution and laws of the United States. They play a big role in making sure disabled prisoners’ rights aren’t being compromised and taken advantage of. The ACLU believes that we should reduce the use of jail and prisons to put people with mental and physical disabilities. They believe that disabled people need to be worked with in order to have rehabilitative opportunities. Prison sentence should be used as a last resort in all cases handling disabled offenders especially if they committed a non-violent crime. Prisoners with disabilities do not get the help they need if they are stuck in prison. Developing a suitable non-custodial programs for offenders with disabilities, combined with treatment, and supervision in the community, would be a more humane and effective way of dealing with disabled people’s needs while ensuring public safety. Disabled prisoners are subjected to abuse and their rights being taken advantage of in prisons and jails. It is hard to come up with a constitutional way to deal with disabled offenders. It is unconstitutional to segregate them from the rest of the prisoners. Staff training needs to emphasize that prisoners with disabilities have the same human rights as all other prisoners and that they should not be treated more harshly, isolated or taunted due to their disability and difficulties arising from their condition. Appropriate techniques of dealing with prisoners with disabilities, when difficulties arise, and should be included in staff training. Correction officers should be trained to take effective supervision of prisoners with disabilities to prevent abuse and mistreatment from other prisoners. Staff should also be trained to detect signs of distress in prisoners with disabilities and be able to talk with the prison psychologist and doctor to prevent mental disabilities from getting worse or even arising. These strategies can be used to help secure the safety of prisoners with disabilities. Another huge issue that occurs with prisoners with disabilities are that they are cost effective. They require more attention, medical devices, and medical attention that the prisons have to accommodate for. If there was a better system set up to handle prisoners with disabilities maybe they wouldn’t have to be incarcerated which would cut the cost that jails are spending and also help over-crowding in prisons. In conclusion, prisoners with disabilities are subjected to mistreatment and abuse from other prisoners and prison staff.
This makes it hard for prisoners with disabilities to get the help and rehabilitation that they should be getting making them more likely to be reoffenders of crimes. There are many Acts set in place to help disabled people have more rights in hope that they are not violated anymore. Unfortunately disabled prisoners still see abuse even through these acts and their constitutional rights are violated. If the corrections system comes up with a valid way to rehabilitate these offenders it would help the criminal justice system
tremendously.

Work Cited

ACLU. Disability Rights. 1/1/99. 4/25/14 .

Feig, Ellen Rosner . Disabled and in Jail: The Disability Rights of Prisoners. . 24 Apr. 2014 .

Lipsey, Mark. The Costs of Confinement: Why Good Juvenile Justice Policies. 5 May. 2009. 24 Apr. 2014 .

Meronek Toshio. The Invisible Punishment of Prisoners With Disabilities . 23 Jul. 21012. 24 Apr. 2014 .

Platt, Irene. Inmates with disabilities. 2/5/12. 4/24/14 .

UNODC. Prisoners With Special Needs. 5/20/07. 4/25/14 .

Disabilities and Corrections