What is the test for determining whether a prison restriction is reasonable?

California, United States of America


The following excerpt is from Small v. Superior Court, 79 Cal.App.4th 1000, 94 Cal.Rptr.2d 550 (Cal. App. 2000):

In determining whether a prison restriction is reasonable, relevant factors are: (1) whether there is a "'valid, rational connection' between the prison [restriction] and the legitimate governmental interest put forward to justify it"; (2) whether there are alternative means of exercising the right; (3) how the accommodation of the asserted right will impact guards, other inmates and the allocation of prison resources; and (4) whether the restriction is an "'exaggerated response'" to prison concerns. (Turner v. Safley, supra, 482 U.S. at pp. 89-91.)

Analysis

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