RANDOLPH COUNTY SHERIFF'S OFFICE

Section 17 - Distinction Between Rights and Privileges

17.1 – Distinction Between Rights and Privileges

Detainees are entitled to certain constitutional rights as guaranteed by the United States Constitution and applicable federal and state law. These rights are retained during incarceration but may be subject to lawful restrictions when such limitations are reasonably related to legitimate governmental objectives, including facility safety, security, order, and rehabilitation.

Privileges are not constitutionally guaranteed rights. Privileges are benefits and services provided by the facility that may be granted, regulated, limited, or revoked by the facility administration. Such determinations may be based on institutional rules, individual behavior, disciplinary status, or operational and security needs.

Any restriction of a detainee’s rights or privileges shall be applied in accordance with applicable law, policy, and due process requirements where a protected liberty interest is implicated.

17.2 – Constitutional Rights Retained by Detainees

Detainees retain fundamental constitutional protections, which include but are not limited to:

• Eighth Amendment Rights: Protection from cruel and unusual punishment, including the right to humane conditions of confinement and access to necessary medical care. Deliberate indifference to serious medical needs or unsafe conditions is prohibited.

• Fourteenth Amendment Rights: The right to due process in disciplinary proceedings where a protected liberty interest may be affected, including but not limited to loss of good-time credit or placement in disciplinary segregation. Detainees are also protected from unlawful discrimination.

• First Amendment Rights: The right to freedom of religion, including reasonable access to religious practice and services, and the right to send and receive mail, subject to legitimate security screening and institutional regulations.

These rights may be reasonably restricted only when such restrictions are necessary to maintain institutional safety, security, discipline, or order and are not imposed arbitrarily or discriminatorily.

17.3 – Privileges

The following items and activities are considered facility-controlled privileges and may be regulated or revoked at the discretion of the facility administration:

• Recreation yard access

• Commissary access

• Visitation (in-person or video, if applicable)

• Telephone access

• Electronic devices (including approved electronic cigarettes, if permitted by policy)

• Television access

• Participation in work assignments, programs, or educational opportunities

Privileges may be modified, suspended, or revoked based on disciplinary action, security concerns, or operational requirements. Privileges shall be administered in a fair and consistent manner in accordance with facility rules.

17.4 – General Application

This section is intended to clarify the distinction between constitutionally protected rights and facility-administered privileges. Nothing in this policy shall be interpreted to authorize arbitrary or unlawful deprivation of rights or to limit the facility’s obligation to comply with applicable constitutional standards and court rulings governing correctional operations.