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Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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Can a jail refuse you your prescribed medication while in

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can a jail refuse you your prescribed medication while in jail even if it is a narcotic prescribed by my Doctor. The Sheriff says his jail is narcotic free. I have had two major spinal surgeries and had titanium placed in my spine. I sat for 26 days in pain. my doctor even wrote up a letter that stated that the incarceration with the sleeping facilities would most likely result in a severe exacerbation of my neck disease but still did not get my pain medication. I am now at home for 20 days on house arrest and in the rule book for the house arrest it states possession or usage of any drug(legal or illegal) or alcohol that has not been prescribed by a physician will be a immediate termination of the program. They told me that even on house arrest that I can not take my pain medication that was prescribed. So the rule book says one thing and the sheriff and jailers are saying different

Dear Customer

Prescribed medications are not (for obvious reasons) given within "over the wire" so to speak. In those instances, other milder meds are given such as regular OTC tylenol. While on house detetion one is still considered within those confines the need to be so guarded due to access by other prisoners is not as great - however, urine tests are required and you must be certain that only the prescribed medication is going to be positive. Also, you need to get your agent the information (copies of the prescription and the doctor's explanation as to why this medication is imperative to you health, healing and wellbeing) you always want to keep good communication with you agent on anything so that the "priveledge" to be serving the remainder of a sentence at home is not violated. If the rule states that you can take medications as prescribed by your physician and you have the DOC to support your needs - then you can take that medication - but you need to make sure your agent is on board with the need first.

The Supreme Court has, in the past, ruled that the government must provide medical care for those whom it punishes by incarceration. "Deliberate indifference" by prison personnel to an inmate's serious illness or injury constitutes cruel and unusual punishment under the Eighth Amendment. And whether indifference consists of prison doctors in their response to prisoners' needs or guards in denying or delaying access to treatment or interfering with prescribed treatment, the inmates' constitutional rights are violated. Where the mistreatment is inadvertent or the result of negligence

Keeping your agent in the loop as to what your medical needs are is the priority here so that they do not violate you for a dirty urine - even though it is due to prescribed medications. If you continue to have difficulty after getting your DOC to verify the need you can contact the American Civil Liberties Union and they will assist you. Here is the link for the Wisconsin ACLU

AGAIN, the number one thing here is to make sure your agent - is in the loop as to the medical necessity.

Michelle and 6 other Criminal Law Specialists are ready to help you
Customer: replied 10 years ago.
Thank you very much for your help on this matter. During my stay the kept me in a holding cell for 21 days or so out of my 26 days. I am saying this because there was no opportunity for me to share any of my medications with any one but myself

Dear angeleyes

I understand that - but rules inside must be followed and not show any discrimination. They really don't know (even among CO's who is good or bad) It is regretful that you had to suffer in that manner. Again, make sure that your agent is aware and has all the documentation from your DOC - if the agent still has a hard time with it - explain to them that you have contacted the ACLU.

Best to you ~ Michelle

Dear Angeleyes

Michelle and 6 other Criminal Law Specialists are ready to help you
Customer: replied 10 years ago.
thank you very much you hve been a great help. I will add a 10.00 tip for you helpping me.

Dear angeleyes

You are very welcome. Thank you for the Bonus. Best of success to you in the future. Heal well ~ Michelle