What the prison must give her.
For her legal work, the prison is required to give her paper, something to write with, stamps and a notary if she cannot afford them. Ask for envelopes too; her prison's written policy says what it provides.
The minimum every U.S. prison owes a woman in its custody, what she can ask for, and what to do when she is refused. Bounds v. Smith, 430 U.S. 817 (1977).
The law sets a floor. Her prison's rules fill in the details.
The U.S. Constitution and federal law set the minimum every prison must provide. Each state's department of corrections, and the federal Bureau of Prisons, then writes its own policies: how many free stamps, when the law library is open, how to see a notary. Those policies are usually in the inmate handbook and in written policies the prison must follow.
When she asks for something, she should ask in writing, name the policy if she knows it, keep a copy, and write down the date. If she is refused, the grievance process is the next step, and its deadlines are short. Read that section first.
Help to reach the courts.
The Supreme Court has held that prisons must help people in their custody prepare and file meaningful legal papers.
Law library or legal helpAccess to legal research
The prison must provide an adequate law library or adequate help from people trained in the law. It does not have to provide a particular library or a lawyer. The right covers challenging her conviction or sentence and challenging her conditions of confinement.
Bounds v. Smith, 430 U.S. 817 (1977); Lewis v. Casey, 518 U.S. 343 (1996).
If she cannot payPaper, pen, a notary and stamps
The Supreme Court said that people who cannot afford them "must be provided at state expense with paper and pen to draft legal documents with notarial services to authenticate them, and with stamps to mail them." Each prison's policy sets how much, and how she shows she cannot pay.
Bounds v. Smith, 430 U.S. 817 (1977).
Mail from her lawyerLegal mail
Prisons may open mail from her lawyer to check for contraband, but courts have approved doing it in her presence, not reading it. Letters to and from organizations like ours are not legal mail and may be read.
Wolff v. McDonnell, 418 U.S. 539 (1974).
To win a complaintThe limit on this right
If she claims she was denied access to the courts, she must show it actually harmed a legal claim, such as a petition dismissed or never filed because she was denied what she needed. Keep records of every request and every refusal.
Lewis v. Casey, 518 U.S. 343 (1996).
Food, clothing, shelter and medical care.
Humane conditionsThe basics
Prison officials must ensure that people in their custody receive adequate food, clothing, shelter and medical care.
Farmer v. Brennan, 511 U.S. 825 (1994).
Medical careSerious medical needs
Deliberate indifference to a serious medical need violates the Eighth Amendment. That means officials who know about a serious medical need and ignore it. A disagreement over which treatment is best usually is not enough. She should put every request for care in writing and keep copies.
Estelle v. Gamble, 429 U.S. 97 (1976).
Rules that protect women.
These federal rules apply in federal prisons. Many states have their own laws on the same subjects; her state's policies will say.
Federal prisonsPads and tampons, free
Under the First Step Act, the Bureau of Prisons must provide tampons and sanitary napkins that meet industry standards, free of charge.
First Step Act of 2018, Pub. L. 115-391; Federal Bureau of Prisons, First Step Act overview.
Federal prisonsNo restraints during pregnancy
A woman in the custody of the Bureau of Prisons or the U.S. Marshals may not be restrained from the time her pregnancy is confirmed through her postpartum recovery, with narrow exceptions for an immediate flight risk, a serious threat of harm, or a medical need a health care professional identifies.
18 U.S.C. § 4322.
She has a right to be safe.
ProtectionReasonable measures for her safety
Prison officials must take reasonable measures to protect people in their custody. Officials who know of a substantial risk of serious harm and ignore it violate the Eighth Amendment.
Farmer v. Brennan, 511 U.S. 825 (1994).
Sexual abuseReporting, including outside the prison
Under the Prison Rape Elimination Act, prisons must follow national standards that include zero tolerance for sexual abuse and more than one way to report it, including at least one way to report to an office outside the prison.
34 U.S.C. § 30301 et seq.; 28 C.F.R. Part 115.
Other rights she keeps.
ReligionPracticing her faith
A state prison that receives federal money may not substantially burden her religious exercise unless it is the least restrictive way to serve a compelling interest.
Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc-1; Holt v. Hobbs, 574 U.S. 352 (2015).
DisabilityAccommodations
The Americans with Disabilities Act applies to state prisons. A woman with a disability can ask for reasonable accommodations, in writing.
Pennsylvania Dept. of Corrections v. Yeskey, 524 U.S. 206 (1998).
DisciplineDue process before losing good time
If a disciplinary charge could cost her good-time credit, she is entitled to written notice of the charge at least 24 hours before the hearing, a written statement of the evidence and the reasons for the decision, and a chance to call witnesses and present evidence when it would not threaten safety.
Wolff v. McDonnell, 418 U.S. 539 (1974).
File the grievance, exactly by the rules.
Before she can bring a federal lawsuit about prison conditions, she must use the prison's grievance process first, all the way through every appeal. Courts require her to follow the prison's own deadlines and rules. A grievance filed late or in the wrong way can bar her lawsuit for good. Many grievance deadlines are a matter of days.
Step 1Get the rules
Ask for the grievance policy in writing, or find it in the inmate handbook. Write down the deadline for each step.
Step 2File on time, on the right form
Describe what happened, the date, who was involved and what she is asking for. Keep a copy. If staff refuse to give her a form or accept it, write that down with the date and the name.
Step 3Appeal every denial
Take every step the policy allows, and keep every answer. If the prison never answers, note the date the answer was due.
Outside helpWhere else to turn
Sexual abuse can also be reported to the outside office the prison must name under PREA. Many states have prisoners' rights organizations and public defender offices that handle conditions cases; see our Resources page.
42 U.S.C. § 1997e(a); Woodford v. Ngo, 548 U.S. 81 (2006); Ross v. Blake, 578 U.S. 632 (2016).
Set by the prison, not the Constitution.
Visits, phone calls, email, tablets, free copies of documents and the size of a legal-mail allowance are mostly set by each prison's policies, and courts give prisons wide room to limit them. Her facility's written policies are the place to look, and asking in writing is the way to ask.
This page describes general U.S. law as of September 2026. It is not legal advice. State laws and prison policies add rights and details that differ from place to place.