In the case of Vitek v. Jones (1979), the U.S. Supreme Court ruled that a prisoner has a constitutional right to due process before being transferred to a mental institution, and this cannot be considered within the range of conditions of confinement ordinarily contemplated by a prison sentence. The court held that such transfer implicates liberty interests protected by the Fourteenth Amendment's Due Process Clause because it involves more than simply transferring an inmate from one state facility to another; it imposes significant adverse social consequences on him/her and requires mandatory behavior modification treatment which might not be in his/her best interest or consented to. Therefore, prisoners are entitled to advance written notice about their proposed transfer, disclosure of evidence against them, an opportunity for rebuttal and independent decision-making review prior to any transfers.

In the dissenting opinion for Vitek v. Jones, Justice Rehnquist argued that the majority's decision to grant constitutional protection to a prisoner's right not to be transferred from prison to a mental institution without due process was misguided. He contended that this ruling expanded the scope of liberty interests protected by the Due Process Clause beyond its intended limits. According to him, such transfers were part of an inmate’s sentence and did not constitute additional punishment or deprivation of liberty requiring further procedural safeguards. He also expressed concern about judicial overreach into administrative matters best left in hands of correctional authorities who are better equipped with expertise and experience in managing prisons and assessing inmates' needs.