Corrections_Today_Spring_2026_Vol.88_No.1

News&Views

The Americans with Disabilities Act (ADA) is crucial in the cor rectional environment because it ensures incarcerated individuals with disabilities are not subjected to discrimination and have access to activities, programs and services provided in the carceral setting. While incarcerated individuals lose many rights, the right to be free from disability-based discrimina tion is a fundamental civil right they retain. A survey was conducted in 2016 by the Bureau of Justice Statistics and reported in March 2021 that 40% of state prisoners reported having a disability. Prevention of discrimination Identified staff: The ADA man dates state and local government entities, including prisons and jails, must provide an identified staff member to address disability needs of incarcerated individuals. Indi viduals with disabilities must be afforded equal opportunity to ben efit from all programs, services and activities. This includes educational, vocational, work and religious programs. Policies, Procedures and Protocols: Correctional agencies assert policies, procedures and protocols — handling the disability component is no different. In addi tion to the ADA, there is also the American Correctional Association (ACA) standard (5-ACI—3D-04) that requires written policy, procedures and practice prohibit ing discrimination based on an incarcerated individual’s disability, among other factors.

It is appropriate to review policies, procedures, practices and proto cols to address any reasonable modification that may be made to ensure there is not any disability discrimination. Self-Evaluations: An imperative part to all the components of correc tions and no different for addressing disability needs. Determining the functionality and accessibility of facilities will play a crucial part in de termining where and what needs are addressed to confidently house incar cerated individuals with disabilities. The ADA places a legal duty on the correctional system to make sure agencies are not ignoring the needs of disabled incarcerated individuals. Program Accessibility: Cor rectional facilities are required to make their programs, services and activities accessible to incarcerated individuals with disabilities. This doesn’t always mean that every building must be fully accessible, but it does mean that facilities must find ways to ensure that incarcer ated individuals with disabilities can participate. This could involve relocating a program to an acces sible area, redesigning equipment, or providing aids and services. Avoiding Segregation: The ADA requires incarcerated individuals with disabilities be housed in the

most integrated setting appropri ate to their needs. For example, they should not be placed within an infirmary or medical housing unless they require full-time medical care. Staff Training: Staff do not know what they do not know. Training in disability awareness, how the agency handles address ing disability needs and where to address any questions or concerns is imperative to becoming proactive instead of reactive. Physical accessibility Facility Design: The ADA sets specific standards for the physi cal accessibility of correctional facilities, especially for new con struction and alterations. This includes requirements for acces sible cells, bathrooms, showers and common areas. Cell Features: Accessible cells must have features that accommo date mobility disabilities, such as adequate turning space for wheel chairs, proper height for beds and grab bars. Communication Features: A certain percentage of cells must also have communication features for individuals who are deaf or hard of hearing, such as visible emergency alarms and telephones with volume control. Accommodation and services Auxiliary Aids: Correctional facilities must provide effective communication for incarcerated individuals with hearing, vision, or speech impairments. This may involve providing sign language

Corrections Today | Spring 2026

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