28 CFR Part 35 · Subpart D — Program Accessibility
§ 35.152 Jails, detention and correctional facilities, and community correctional facilities
Last updated June 11, 2026
What 28 CFR §35.152 requires of state and local governments.
In Plain Language
People with disabilities who are incarcerated or detained by state or local governments retain their ADA Title II rights. Jails, prisons, and detention facilities must provide accessible housing, programs, services, and activities. At least 3% of cells must have mobility features. People with disabilities may not be held in worse conditions or more isolated settings solely because of accessibility limitations in certain housing units.
This summary is not official legal text. For authoritative guidance, consult the official regulatory text and Department of Justice guidance at ada.gov.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.152
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) General. This section applies to public entities that are responsible for the operation or management of adult and juvenile justice jails, detention and correctional facilities, and community correctional facilities, either directly or through contractual, licensing, or other arrangements with public or private entities, in whole or in part, including private correctional facilities.
(b) Discrimination prohibited. (1) Public entities shall ensure that qualified inmates or detainees with disabilities shall not, because a facility is inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of, the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
(2) Public entities shall ensure that inmates or detainees with disabilities are housed in the most integrated setting appropriate to the needs of the individuals. Unless it is appropriate to make an exception, a public entity—
(i) Shall not place inmates or detainees with disabilities in inappropriate security classifications because no accessible cells or beds are available;
(ii) Shall not place inmates or detainees with disabilities in designated medical areas unless they are actually receiving medical care or treatment;
(iii) Shall not place inmates or detainees with disabilities in facilities that do not offer the same programs as the facilities where they would otherwise be housed; and
(iv) Shall not deprive inmates or detainees with disabilities of visitation with family members by placing them in distant facilities where they would not otherwise be housed.
(3) Public entities shall implement reasonable policies, including physical modifications to additional cells in accordance with the 2010 Standards, so as to ensure that each inmate with a disability is housed in a cell with the accessible elements necessary to afford the inmate access to safe, appropriate housing.
[AG Order No. 3180-2010, 75 FR 56183, Sept. 15, 2010]
What § 35.152 Means in Practice
- Jails, prisons, detention centers, and community correctional facilities are squarely covered by Title II
- Inmates and detainees with disabilities must not be excluded from programs because facilities are inaccessible
- Entities must house inmates in the most integrated setting appropriate; disability alone does not justify segregated housing
- Accessible cells and program areas are required, and placement cannot deprive inmates of visitation, work, or program opportunities
- This applies to public entities even when they contract with private operators
Common Questions
Are county jails covered by these requirements?
Yes. County jails are operated by local governments and are fully covered by Title II.
What if our jail has no accessible cells?
You must work toward compliance through your transition plan and ensure that incarcerated people with disabilities are not denied programs or housed in worse conditions in the interim.
Does § 35.152 apply to your entity?
You don’t need to fix everything today. You need to know what matters first. We’ll help you find it.
Prefer to talk it through? Call the Title II Line: (608) 960-8830