Section 210 IAC 3-1-15 - Inmate rightsAuthority: IC 11-8-2-5; IC 11-12-4-1
Affected: IC 3-7-46-6; IC 11-12-4-1
Sec. 15.
(a) The right of inmates to have access to the courts shall be ensured. Inmates shall have confidential access to their attorneys and the authorized representatives of their attorneys. Inmates shall have reasonable access to the courts to challenge their sentences and conditions of confinement and reasonable access to an adequate law library. Inmates with an appointed public defender shall be provided the opportunity to speak to their attorney.(b) Inmates shall not be subject to discrimination based on any of the following: (7) Political belief. There shall be equal access to programs or services for male and female inmates.
(c) Inmates shall have the right of access to reading material except pornography as defined by Indiana law, or reading matter which jail officials have reasonable grounds to believe poses an immediate danger to the safety of an individual or a serious threat to the security of the jail.(d) An inmate is entitled to believe in the religion of his or her choice, and attendance at religious services is not required. To the greatest extent possible consistent with jail security, programs, and resources, an inmate is entitled to the following:(1) Observe the days of worship or holidays of his or her religion.(2) Possess religious artifacts that do not compromise the safety and security of the jail.(3) Receive and possess religious literature for his or her individual use.(4) Communicate, correspond with, and be visited by a clergy or religious counselor of his or her faith during reasonable times, as approved by a community pastoral committee or sheriff, or both. The sheriff reserves the right to determine the pastoral status of clergy and may limit nonclergy.(e) An inmate shall be provided a reasonable opportunity for physical exercise outside of the immediate living and sleeping areas, outdoors, if feasible, and consistent with the security and resources of the jail. Segregated inmates shall be offered the opportunity for at least one (1) hour of daily exercise, five (5) days each week, outside of their cell unless jail officials find and document that this opportunity will jeopardize the physical safety of the inmate or others or the security of the jail.(f) The sheriff shall provide a list of all inmates, sentenced and incarcerated, to the county clerk quarterly, as required by IC 3-7-46-6.(g) Each jail shall maintain a written inmate work assignment plan providing for inmate employment, subject to the: (1) number of available work opportunities; and(2) maintenance of facility security. Unsentenced inmates may volunteer for work assignments within the jail but shall not be required to work except as necessary to maintain their living quarters in a safe and sanitary condition.
(h) All inmates shall have the right to file written grievances regarding treatment of conditions in the jail with the sheriff or his or her designee. Grievances shall be promptly investigated, and a written report stating the disposition of the grievance shall be provided to the inmate. The sheriff shall establish in writing a grievance procedure, which shall be made known and distributed to all inmates upon arrival and initial screening.(i) Inmates may receive visitors during established hours of visitation. Jail officials may, for purposes of maintaining jail security, individual safety, and administrative manageability, place reasonable restrictions on visitation. Visitation by minors within the secure perimeter of a jail may be restricted as necessary for the orderly management and security of a facility. Visitors with a prior criminal conviction may be denied visitation. Visitors may also be denied for, but not limited to:(3) failure to control minor children; or(4) failure to provide picture identification as established by jail policy. A copy of the visitation policy shall be posted in the visitation area.
Department of Correction; 210 IAC 3-1-15; filed Jul 27, 1981, 10:30 a.m.: 4 IR 1816; readopted filed Nov 15, 2001, 10:42 a.m.: 25 IR 1269; readopted filed Jul 6, 2007, 2:54 p.m.: 20070725-IR-210070277RFA; filed Sep 11, 2012, 2:30 p.m.: 20121010-IR-210110741FRAReadopted filed 10/2/2018, 8:46 a.m.: 20181031-IR-210180366RFA