Legal Rights of Inmates with Disabilities

If you are an adult inmate with a disability, you have rights in Minnesota. 3 main laws protect these rights. The laws are similar but apply to different types of correctional facilities. A correctional facility can be a jail, a prison, a detention center, or other location. For this fact sheet we use “prison” as a general term for all of those.

• Section 504 of the Rehabilitation Act of 1973 (Section 504)
  If a federal, state, or local prison gets money from the federal government, the inmates are protected by Section 504. It prevents discrimination based on disability. Section 504 makes sure inmates with disabilities are not left out of programs and activities because of their disability.
   
• Americans with Disabilities Act (ADA) 
  Title II of the Americans with Disabilities Act (ADA) applies to state and local prisons because they are public. These protections apply no matter where the money comes from. Title II of the ADA makes sure that inmates with disabilities can take part in  services, programs, and activities. It makes sure they are not being treated unfairly because of their disability. 
   
• Minnesota Human Rights Act (MHRA) 
  The Minnesota Human Rights Act (MDHR) also applies to state and local prisons. It says there has to be equal access to services, programs and activities for inmates with disabilities. But, if the prison can show that making changes in order to give equal access is an “undue hardship” on its operation, they don’t have to make changes. An undue hardship or burden means that the change costs way too much or is too hard to do. 

Inmates with disabilities have the same right to equal access as inmates without disabilities. This can be things like:

• Access to and use of showers and toilets
• Changes to surroundings to protect from injury (like falls) 
• Access to educational, training, and employment programs, 
• Access to medical supplies and devices like walking aids, braces, splints, and medical footwear,  
• Access to dining halls, visiting areas, recreation, and the library,
• Access to information and materials in different formats. Like braille or American Sign Language. Or written announcements for inmates who are deaf or hard of hearing.

You are eligible for these protections if you have a physical or mental health condition that:

• is a “qualifying disability or condition” and  
• “substantially or materially limits one or more major life activities.” This means the condition makes it much harder for you to do important everyday activities. 

Qualifying disabilities or conditions could be things like: 

• limited hearing or vision 
• a mental health diagnosis 
• mobility impairment 
• chronic pain 
• intellectual disabilities 
• brain injury  
• other conditions 

For a more complete list see Chapter 10, Section 4.101 of the Code of Federal Regulations.

To decide if a physical or mental health condition “substantially limits” someone’s major life activities it depends on how it impacts their life. Even if your physical or mental health need comes and goes, if it limits a major life activity when it is active, it is still considered a disability.  A physical or mental health need can be a disability, even if the impairment can be managed with things like medication, prosthetics, mobility devices, therapy, or other aids.

“Major life activities” include common activities in daily life. These are things like caring for yourself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

If you need reasonable accommodation for your disability and you are in prison at a State of Minnesota Correctional Facility, ask your Case Manager or Lieutenant for an ADA Modification Request form from the Minnesota Department of Corrections (DOC) Policy Number 203.250. Complete the form by describing:

• Your disability/health condition,
   
• How your disability/health condition limits your daily activities, and 
   
• What changes you are asking for so you can take part in programs, services, or activities.

Send the completed form to your ADA Coordinator. If the ADA Coordinator wants to talk to you about it for any reason, they should do that within 5 working days after they get it. Then the ADA Coordinator must bring up your request with the prison ADA Committee at its next meeting. Once the ADA Committee makes a decision, they must give you a copy of the decision. They might also make referrals for disability-related diagnostic testing. 

The prison may deny an accommodation request if the specific thing asked for is not reasonable. Accommodations are considered not reasonable if they would cause an “undue burden” on the prison. An undue burden means that the change costs way too much or is too hard to do. Accommodations are also not required if they pose serious health or safety risks, or a “direct threat” to others. 

Sometimes they deny your specific request but decide on a different change that they think would work instead.  

If the prison says no to your request, make sure to ask them for the denial in writing. You can submit a new reasonable accommodation request for a different accommodation. 

If your request is denied or if you don’t agree with the different change the ADA Committee approved, you can appeal the decision. Ask your Case Manager or Lieutenant for an Appeal form. You must submit your appeal within 30 days of when you get the ADA Committee’s response. 

The appeal must be sent to the ADA Compliance Officer at the following address:

    Minnesota Department of Corrections
    Dept. of Corrections ADA Compliance Coordinator
    1450 Energy Park Drive, Suite 200
    St. Paul, MN 55108-5219

The ADA Compliance Officer must get back to you about your appeal within 15 working days of getting it.

If you are incarcerated in a Minnesota state facility and have a request or concern that is not a reasonable accommodation request, you should use the KITE process. The general process is the same for all facilities in MN. The Minnesota Department of Corrections KITE rules are in Policy No. 303.101. But each facility has its own chain of command. This means there are specific staff in different departments who deal with KITEs for that problem. For example, KITEs about problems with Living Units or problems with Health Services go to a different staff person.

If the KITE process does not fix the problem, you can use the DOC grievance process. The Minnesota Department of Corrections Grievance Procedures are in Policy No. 303.100.

For both KITEs and DOC Grievances, it’s important to follow the correct steps. File a separate complaint for each problem. Make sure you know the deadlines and time limits. Give as much detail as possible, like names and dates. Following the correct steps can help you advocate for your rights and create a record of your concerns.

The Ombuds is an independent office that helps protect the rights of inmates in Minnesota. It makes sure that complaints are taken seriously. The Ombuds’ role is to:

• Look into complaints from inmates, staff and community.
• Look into problems that affect the whole system, not just individual cases.
• Work on solutions, suggest improvements, and share findings in reports.
• Provide education and information to help people navigate the corrections system.

If you followed all the steps for KITEs and grievances explained above but still didn’t get the problem fixed, the Ombuds office might be able to help. 

You can file a complaint with the Ombuds for Corrections if:

• the DOC grievance process has been completed OR
• it cannot be completed OR
• the prison does not follow the grievance process in the right way

You can file a complaint with the Ombuds by emailing or mailing the complaint form on their website or calling 651-539-4520 (press 1. Leave a message and a staff member will return your call during regular business hours to accept your complaint.).

Disability Rights

• The Rehabilitation Act: 29 U.S.C. § 794 
• The Americans with Disability Act: 42 U.S.C. Ch. 126
• The Minnesota Human Rights Act: Minn. Stat. § 363A

Laws that give you equal access

• Minn. Stat. § 363A.03, subd. 35
• 29 U.S.C. § 794
• 28 C.F.R. § 35.152

Eligibility 

• 10 C.F.R. § 4.101(b)(1) lists types of physical and mental impairments that count as a disability
• 42 U.S.C.A. § 12102 says what things count as “major life activities” and what counts as “substantially limiting” your activities

Reasonable accommodations

• 28 C.F.R. § 35.130(b)(7)(i) says prisons have to make reasonable change policies, practices, or procedures for people with disabilities
   
• 28 C.F.R. §35.164 says that if you ask for a change causes an “undue burden” or requires a major change in the program, they don’t have to make the change
   
• 42 U.S.C.A. § 12182(b)(3) says that if someone is a “direct threat” to the health and safety of others, they don’t have to let that person take part in activities. For example, in a U.S. Supreme Court case called Sch. Bd. Of Nassau Cnty. v. Arline, 480 U.S. 273 (1987), an elementary school teacher had tuberculosis. The Court said the school had to consider the significant risk that the teacher would make her students sick when it was deciding if it could give her a reasonable accommodation.

KITEs/Ombuds

• The MN Department of Corrections KITE rules are in Policy No. 303.101
• The MN Department of Corrections Grievance Procedures are in Policy No. 303.100
• 42 U.S.C.A. § 1997e(a) says you use your prison’s grievance process and all administrative appeals before you can file a discrimination lawsuit. 
• Ombuds for Corrections: https://mn.gov/obfc