Mental Health and Legal Implications of Access to the Outdoors during Incarceration

Abstract

The prevalence of mental disorders and substance use disorders among incarcerated populations has called attention to the availability of mental health services in U.S. jails and prisons. Yet, structural factors, such as access to outdoor recreation, can also shape mental health in correctional environments, and U.S. jails and prisons often restrict incarcerated people from going outside. This article examines correctional policies on outdoor access, including mental health implications and related litigation. Research supports the widely held view that outdoor access can be an important determinant of mental health; nevertheless, U.S. courts have come to varying conclusions about the rights of incarcerated people to such access, leading to a patchwork of legal precedents and institutional practices with some striking inequities. For example, in California, pretrial detainees who have not been convicted of any crimes may be denied outdoor access for years, whereas convicted individuals on death row typically have access to weekly outdoor time. By examining mental health literature and case law, the authors suggest general principles for the provision of outdoor access to incarcerated individuals, as well as call for additional research on the adverse effects of the common practice of restricting such access.