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handicap person in jail with no accessability

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T

tenn_tazz26

Guest
What is the name of your state? TN

I have a friend who I am trying to assist in pointing in the correct direction. My friend is handicapped, in a wheelchair, paralized from the waist down. He just recently got sentenced to jail for 30 days for a bad check and a probation issue. The judge said his wheelchair will be taken away in jail, he would have to sleep on the floor because they are fully bunked, and if a fire should happen to break out the only way he could get downstairs from the jailhouse would be via an elevator. Can they legally do this or does he have some rights? If he has rights where is the best place to go to see what they are? He only can afford a court appointed lawyer. Are there free legal services for the handicap?

Thank you,
D
 


B

brake pedal

Guest
in a wheelchair,

This sounds totally bogus; did you hear the judge actually say this? If indeed this is true, then you do have a case.

A wheelchair cannot be taken away from an inmate, unless there is a clear and present security concern. Yes a handicap person can present a security concern. I know of one Tennessee case where the state purchased a set of prosthetic legs for an inmate. In which he used those new legs to promptly escape. They got him back now, only he's serving additional time for stealing state property, the prosthetic legs.
Ok as for the bunking on the floor, if the inmate has a doctor’s order to be on a bed. Even a bottom bunk with two mattresses, the jail has to provide that.
As for fire exit concerns, the state fire marshal reviews the fire exit plans for correctional institutions. The state also employs jail inspection teams there should be workable escape plans in place that meet the fire marshals criteria.

I wouldn't worry, but it never hurts to check into these things.
Maybe this can help with your concerns, these are the people that inspect and certify Tennessee jais.

http://www.state.tn.us/sos/rules/1400/1400.htm
 
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B

brake pedal

Guest
BTW...

Something further, if you still aren't convinced or if you want to take a proactive step. Consider volunteering for the grand jury of your county. In addition to hearing many interesting cases, the Tennessee grand juries are charged with the duty of inspecting the county jail. You would get a tour and be able to make recommendations.

Just thought to add that.
 

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