U.S. Department of Justice Civil Rights Division Disability Rights Section |
Americans with Disabilities Act
Section 504 of the Rehabilitation Act
Many inmates in State and local correctional facilities have mobility disabilities and need to be housed in accessible cells. Yet, many correctional facilities do not have enough cells that are accessible to inmates with disabilities. Federal laws protect people with disabilities from discrimination by State and local governments, including entities that own or operate correctional facilities. All such entities are covered by the Americans with Disabilities Act of 1990 (ADA), and those that receive Federal funds are also covered by section 504 of the Rehabilitation Act (Section 504).1 These laws prohibit discrimination against persons with disabilities, including inmates who use wheelchairs, walkers, or other mobility devices. While all aspects of law enforcement and correctional services are covered by these laws - including facilities, employment, transportation, and other activities, programs, and services - this guide focuses on the prevention of discrimination against inmates with mobility disabilities through the design of accessible cells.
Security
Accessible cells do not compromise the security of prison personnel. In fact, having accessible cells increases security because they allow inmates with mobility disabilities to function independently, minimizing the need for assistance from corrections officers.
Basic Features
Inmates with disabilities - including those who use wheelchairs - need to be able to enter their cells and move around inside them, using the cells’ features without assistance. What makes this possible? Careful planning and design will incorporate elements such as a wider entrance door, adequate clear floor space, appropriate placement and models of fixtures and furniture, and grab bars.
Location or Dispersion of Cells
Dispersing accessible cells throughout a facility ensures that inmates with disabilities are able to be housed with inmates of the same classification levels. Generally, inmates with disabilities who are not ill do not need to be housed in medical areas unless they are receiving medical care or treatment.
Furniture and Cell Features
Accessible cells need to contain the same features as other cells for inmates housed at the same classification level. For instance, where other cells contain writing desks, accessible writing desks are needed in accessible cells.
Clear floor spaces for inmates who use mobility devices
Appropriate clear floor space (shown by dashed lines) is needed adjacent to each cell feature (see page 1 diagrams on clear floor space). As shown in this drawing, the clear floor spaces for each element may overlap. Inmates with a mobility disability should be able to use, and move without obstruction among, the easily accessible features of their cells. There needs to be adequate turning space within the cell -- either a 60-inch-diameter circle or a T-shaped turn area. (See diagrams on turning space.)
Note:
Some features shown in this document may be inappropriate for cells where inmate suicide is a concern. See the notes for features specifically designed to minimize suicide risk, while providing accessibility for inmates with mobility disabilities.
Note:
Grab bars can be designed so they do not increase suicide risk. As shown, there are several ways for grab bars to be designed with adequate gripping surfaces, while ensuring that nothing can be tied onto them.
Note:
In every instance, regardless of toilet and lavatory configuration, adequate space needs to be provided for inmates who use wheelchairs to transfer onto and off of the toilet.
All furniture placed in accessible cells for the use of inmates with disabilities needs to be accessible.
60-inch (1525mm) Diameter Space and T-Shaped Space for 180 Degree Turns
For more information about the
Americans with Disabilities Act (ADA), please visit the Department of Justice’s Home Page, archive.ada.gov, or call us on the ADA Information Line.
800-514-0301 (voice)
833-610-1264 (TTY)
Reproduction is encouraged.
1 While the accessibility standard for new construction and alterations under the ADA is the 2010 ADA Standards for Accessible Design (the 2010 ADA Standards), the accessibility standard for new construction and alterations under section 504 is the Uniform Accessibility Standards (UFAS). While most of the requirements are the same under both sets of standards, we have noted some differences between the two, where applicable.
2 Under UFAS, the toilet bowl centerline must be 18 inches from the side wall.
3 UFAS provides for a 29-inch high clearance.
The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This document provides informal guidance to assist you in understanding the ADA and the Department's regulations.
This guidance document is not intended to be a final agency action, has no legally binding effect, and may be rescinded or modified in the Department's complete discretion, in accordance with applicable laws. The Department's guidance documents, including this guidance, do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.
February 25, 2020