[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Rules and Regulations]
[Pages 4890-4894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2624]
[[Page 4889]]
_______________________________________________________________________
Part V
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Parts 543 and 553
Inmate Legal Activities and Inmate Personal Property; Final Rule
Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules
and Regulations
[[Page 4890]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Parts 543 and 553
[BOP 1063-F]
RIN 1120-AA58
Inmate Legal Activities and Inmate Personal Property
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
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SUMMARY: In this document, the Bureau of Prisons (``Bureau'') is
amending its regulations in order to set forth situations in which one
inmate may be allowed to possess the legal materials of another inmate
while assisting that other inmate. This amendment is intended to
maintain an appropriate balance between the need for institution
security, good order, and discipline and the ability of inmates to
assist each other with their legal materials.
EFFECTIVE DATE: March 3, 1997.
ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons,
HOLC Room 754, 320 First Street, NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General
Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its
regulations on inmate legal activities (28 CFR part 543, subpart B) and
on inmate personal property (28 CFR part 553, subpart B). A proposed
rule in this proceeding was published in the Federal Register on
October 30, 1996 (61 FR 56096).
The proposed regulations specified that except in instances where
the Warden imposes limitations for reasons of institution security,
good order, or discipline, an inmate may possess another inmate's legal
materials while assisting that inmate in the institution's main law
library and in other locations if the Warden so designates. The inmate
being assisted must bring his or her legal materials to the law library
or other location in order to provide access to the assisting inmate.
The inmate providing assistance may not remove the legal materials from
the library or other designated location. Although the inmate being
assisted need not remain present, that inmate is responsible for
retrieving his or her legal materials. If, for example, the inmate
being assisted chooses to leave the library or other designated
location in order to recreate, that inmate must return in order to
retrieve the legal materials. Legal materials left unattended in the
law library or other designated location may be disposed of by staff as
nuisance contraband.
The proposed rule also noted that the institution's need for
security, good order, or discipline may limit an inmate's assistance to
another inmate when an inmate is placed in the institution's special
housing unit. An inmate may be placed in a special housing unit for
various reasons including administrative detention during the course of
an investigation of allegations that the inmate committed a prohibited
act, for protection, pending transfer, or in disciplinary segregation
following a determination that the inmate had committed a prohibited
act. Security necessarily restricts access to such inmates by inmates
in the general population. Inmate assistance therefore may only be
available from other inmates already in the special housing unit. Legal
assistance from attorneys remains available to an inmate in a special
housing unit (see Sec. 543.12).
In proposing these changes, the Bureau also consolidated the
provisions pertinent to legal materials in the regulations on inmate
legal activities. The regulations on inmate personal property contain
only a cross-reference on this subject. Other proposed changes to the
regulations on inmate legal activities included a definition of leisure
time in Sec. 543.11(a), a revised definition of legal materials in the
introductory text of Sec. 543.11(d), a restatement of the provisions
for receipt, purchase, and retention of legal materials in
Sec. 543.11(d)(1) and (2), and a clarification to the provisions in
Sec. 543.11(h) concerning the preparation of legal documents by a
public stenographer.
Comments received on the proposed rule raised a variety of concerns
which may be generally grouped around the topics of access to courts
and the qualifications to be placed on the possession of legal
property. A more specific summary of the comments received and the
agency response follows.
Some commenters claimed that an inmate's right to unimpeded access
to courts overrides any penological concern of the Bureau. As set forth
in the Supreme Court's decision in Lewis v. Casey, an inmate's right of
access to the court is not absolute. An inmate's right of access to the
court must be balanced against the Bureau's interest in maintaining
security and good order in the institution. To maintain security and
good order in the institution, the Bureau believes that an inmate
should not possess another inmate's legal materials. Possession of such
materials by another inmate may result in extortion attempts, the
exchange of contraband, or the dissemination of information which could
be used to endanger other inmates, institution staff, or the general
public. Practical complications may also arise. For example, when
inmates are transferred from one institution to another, their legal
materials could be lost or damaged, thereby potentially affecting the
inmates' ability to litigate their cases.
One commenter objected to the proposed rule on the grounds that an
assisting inmate 1 would not have sufficient time to provide
assistance if restricted to doing so in the law library. Other
commenters argued that institution libraries were inadequate for the
needs of all the inmates who would require assistance. The Bureau
notes, in response, that the proposed revision to Sec. 543.11 expands
upon previously authorized assistance to allow for the possession by an
assisting inmate of another inmate's legal materials in the law library
as well as in other locations if designated by the Warden. The Bureau
believes that this revision is reasonable given legitimate concerns
over the security, discipline, and good order of the institution.
Speculation over the adequacy of the library fails to recognize that
the Warden may designate other locations for the purpose of providing
legal assistance. The Bureau, therefore, believes that the commenters'
concerns regarding the insufficiency of law library hours are
unwarranted. In any event, specific changes as to the library hours can
be made locally at the various institutions if deemed appropriate.
Furthermore, as noted below, the Bureau has adjusted its regulations to
allow for an assisting inmate to prepare drafts of legal proceedings
(with appropriate qualifications) outside the library or other
designated location.
One commenter objected, alleging that by the time the Warden
approves a request for one inmate to assist another inmate that the
inmate in need of assistance would in all likelihood already have
missed a filing deadline. In response, the Bureau notes that the
procedures for allowing assistance in the law library or other
designated location have already been approved and do not require any
additional approval by the Warden. Therefore, the assumption that, in
general, the inmate
[[Page 4891]]
must wait for approval to be granted is incorrect.
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\1\ Several commenters used the term ``jailhouse lawyer'' when
referring to an inmate who offers assistance to another inmate with
legal matters. In summarizing comment, the Bureau has chosen to use
the term which appears in the regulations (``assisting inmate'') for
the sake of clarity.
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One commenter claimed that prison authorities are required to
provide adequate assistance to inmates from persons trained in the law
and cited case law allegedly supportive of the commenter's statement.
Under pertinent case law, for example, Lewis v. Casey, the Bureau is
under no such obligation.
One commenter objected on the grounds that an inmate should not be
prevented from receiving assistance from another inmate merely because
one or the other is transferred or placed in special housing. Another
commenter objected stating that inmates in special housing units would
be denied all ``next friend'' assistance in preparing their legal
pleadings. For reasons of security, discipline, and good order, the
Bureau believes that there must be limitations on access to inmates in
special housing. Inmates in special housing are often placed there
because they are dangerous or because they require protection from
other inmates. Inmates in special housing ordinarily have access to a
basic law library in the special housing unit. The Bureau acknowledges
that inmate assistance for an inmate in a special housing unit
ordinarily would be available only from inmates who are in the same
special housing unit. The Bureau notes that inmates are not entitled to
assistance from any particular inmate; it is sufficient that assistance
is available. Inmates in special housing ordinarily do not remain for
an extended period of time. Under Lewis v. Casey, this temporary status
ordinarily does not pose an unreasonable constraint on the inmate's
access to court. Nevertheless, as noted below, the Bureau has adjusted
its final regulations to allow special consideration for inmates in
special housing units. Such consideration would be given on a case by
case basis at the institution level, and it is not necessary to attempt
to address this issue further in the regulations.
A number of commenters, who submitted separately the same comment
in a form letter, objected stating that the daily rigors of prison life
would prevent illiterate, uneducated, unknowledgeable, non-English
speaking, handicapped, and retarded inmates from obtaining legal
assistance and thereby would impede their access to courts. One
commenter claimed that the proposed rule did not adequately address the
needs of mentally ill or incompetent inmates. The Bureau notes that the
revised regulations represent an improvement on the inmate's access to
courts with respect to obtaining legal assistance from other inmates by
allowing inmates to possess other inmates' legal materials in the law
library or other location if the Warden so designates. Other Bureau
programming (for example, mandatory literary and English-as-a-Second
Language programs) already exist to address the general educational
needs of inmates. Also, legal assistance from attorneys remains
available to all inmates (see Sec. 543.12). With respect to mentally
ill or incompetent inmates, such inmates would generally be housed in a
seclusion unit at a federal medical facility. Other Bureau policies
provide for representation of inmates not competent to represent
themselves in certain administrative hearings. In addition, as noted
below, the Bureau has adjusted its final regulations to allow special
consideration for the legal needs of inmates in mental health seclusion
status in federal medical centers (see Sec. 543.11(f)(3)). Such
consideration would be given on a case by case basis at the institution
level, and it is not necessary to attempt to address this issue further
in the regulations.
Some commenters claimed that the regulation did not address
difficulties in effectuating transfers of documents. These commenters
suggest that conflicts in scheduling of leisure time could prevent one
inmate from meeting another inmate in an approved location. The Bureau
believes that its regulation is adequate for this purpose. Even in
instances where scheduled leisure time does not coincide completely,
inmates have approximately ten minutes during an institution-wide move
to arrive at a scheduled program or work assignment. Nevertheless, in
order to address situations where a court deadline is pending, the
Bureau has modified the final rule to allow an inmate with an imminent
court deadline to request a brief absence from a scheduled program or
work assignment in order to provide or retrieve legal materials from an
assisting inmate.
One commenter claimed that the system for transferring legal
material would result in these materials being left unattended in the
law library and may cause security concerns for that reason. The
proposed regulation provided that staff may dispose of unattended legal
materials as nuisance contraband. This provision was not intended to
direct that staff search for and dispose of unattended legal materials.
The provision was intended to emphasize to the inmate that legal
materials left with an assisting inmate can be lost or misplaced due to
the actions of the assisting inmate. In an abundance of caution, to
avoid creating the impression that such materials should always be
treated as nuisance contraband and disposed of by staff, the Bureau has
removed this provision from this final rule. Internal instructions to
staff will address the specifics for handling properly identified legal
materials left unattended in the law library or other designated
location.
Some commenters objected claiming that the regulation infringed
upon an inmate's right to privacy. As evidenced by the specifics of the
concerns raised, the Bureau concludes that these objections are more
properly categorized under the general topic of the inmate's access to
the court. For example, one commenter objected to the provisions in the
regulation that detailed authorized channels for the receipt of legal
materials (see Sec. 543.11(d)(1)). This commenter asserted that some of
the inspection procedures allowed staff to inspect and read material
being sent to them. These provisions merely reflect existing
regulations on correspondence (including special mail) and incoming
publications and were included in the proposed regulation for the
purpose of reference only. The point of repeating these provisions in
this regulation is to make it clear to the inmate that special mail is
an appropriate channel for receiving legal materials. The commenter
also stated that the regulation would compromise the inmate's ability
to investigate and report misconduct by prison staff because staff
would be able to search through all of the inmate's personal and legal
papers in search of contraband. The Bureau notes that standards of
conduct for its staff serve to prevent such actions. The final
regulation is intended to safeguard legal materials (whether during
staff searches of inmate housing or from other inmates).
One commenter stated that the proposed regulation was inadequate,
claiming it did not make allowances for the different types of
facilities (penitentiaries, camps, etc.). The commenter fails to note
that the regulations allow the Warden to designate locations other than
the law library for providing legal assistance. Wardens at different
types of institutions have the discretion to make appropriate
allowances based upon the type of institution.
In light of the above, the Bureau therefore believes that its final
rule does not pose an impediment to the inmate's access to the court.
Regarding legal property and personal property, one commenter
objected that the regulation was vague and did not define what
constitutes legal documents of another inmate. The Bureau notes that
Sec. 543.11(d) defines the legal
[[Page 4892]]
materials of an inmate. Logically, this definition can be used to
identify the legal materials of another inmate.
One commenter objected, stating that the regulation could be
interpreted to preclude possession of any non-published court record.
Another commenter objected, stating that any document filed with a
court is a public record available to anyone with the funds to purchase
a copy. The Bureau notes that the regulation allows for the inmate to
receive legal materials through authorized channels. Therefore, non-
published court records or other public records available from a court
received through an authorized channel are authorized for possession by
the inmate, presumably as legal reference material. The Bureau believes
that the regulation addresses security concerns by preventing the
unauthorized transfer between inmates of inmate legal materials within
the institution. As noted above, one Bureau concern is that contraband
may be inappropriately transferred under the guise of legal materials.
One commenter objected, stating that inmates needed access to other
inmate's legal materials for the sake of having access to precedents.
Such access is best served by obtaining precedents through official
channels (namely, the court, publisher, etc., or through publications
contained in the library). As noted above, this requirement avoids the
security concerns posed by direct inmate transfer of materials.
One commenter, alluding to laws of contracts and copyrights, argued
that anything the assisting inmate writes for another inmate should be
considered the assisting inmate's property. Another commenter suggested
that written materials are the property of the authoring inmate until
that inmate delivers them to the inmate being assisted. Bureau
regulations preclude an inmate from conducting a business. Application
of contract or copyright law is not relevant here. As noted above,
reasons of institution security, discipline, and good order motivate
the Bureau to retain limitations in these revised regulations on the
possession by another inmate of an inmate's legal materials. The Bureau
further notes that it has revised its regulation to allow assisting
inmates to possess handwritten notes and drafts of pleadings they have
prepared if they do not contain a caption, title of the document, or
name(s) of inmate(s).
One commenter objected, stating that the regulation infringed on
the due process rights of the inmate. This commenter claimed that
prohibiting inmates from possessing another inmate's legal materials
denied them of a property right without due process. Other commenters
claimed a liberty interest in possessing other inmate's legal
materials, arguing that such an interest was created by past practice
in some institutions which allowed inmates to possess other inmate's
legal materials. The Bureau notes that no case law supports these
contentions. As noted above in this final rule and also in the
previously published proposed rule, the Bureau's regulation is intended
to ensure consistency and maintain an appropriate balance between the
need for institution security, good order, and discipline. For this
reason, the regulation allows for possession of another inmate's legal
materials within certain limitations. Those limitations are
necessitated by the need for institution security, good order, and
discipline.
One commenter objected to the proposed regulation claiming that it
did not adequately address treatment of drafts or copies of legal
materials. The Bureau has added language to the proposed regulations to
clarify that an assisting inmate may not possess copies of another
inmate's legal materials outside the law library or other designated
location. The final regulations also specify that drafts of pleadings
which contain the inmate's name and case caption or document title
prominently of the first page are considered to be the legal materials
of the assisted inmate. The assisting inmate, however, may create a
handwritten draft of a pleading for another inmate and may possess that
draft outside the law library or other designated location so long as
the draft does not contain a case caption or document title or the
name(s) of any inmate(s). Such drafts are not considered to be the
legal materials of the assisting inmate.
One commenter argued that the rule was unfair to co-defendants who
are maintaining one set of legal materials. While the Bureau is
uncertain as to the particular point of this comment, it believes that
the regulation adequately addresses the needs of co-defendants because
co-defendants may maintain one set or separate sets of legal materials.
Comments discussed below did not fall under the general topics of
access to courts or qualification or possession of personal property
and legal property.
One commenter objected to the regulation stating that it failed to
benefit the courts. This commenter claimed that limiting inmate
assistance to the library would increase the length of time required to
respond to pleadings and that the courts would be burdened by requests
for extension. This commenter stated that allowing inmates to assist
one another in litigation saved the court's time and also assumed that
the quality of pleadings would deteriorate. The commenter neglected to
note that locations other than the law library may be authorized by the
Warden. With respect to the assumed delays and the quality of
pleadings, the Bureau again notes that the revised regulations do
provide for inmate assistance. The commenter's concerns are
unwarranted.
One commenter claimed that providing legal assistance to others was
a religious exercise for him and that as such it would be protected
under the Religious Freedom Restoration Act. For reasons of institution
security, discipline, and good order, the Bureau believes that no
further accommodation beyond what the regulation provides is necessary,
regardless of the validity of the religious prescription claimed.
One commenter claimed that the regulation was overly broad and
infringed upon the inmate's right to free communication without
furthering an important government interest through the least
restrictive means. Contrary to the commenter's claim, the Bureau
believes that there are legitimate penological objectives underlying
its regulation which satisfies the conditions under Turner v. Safely.
One commenter claimed that the regulation violated equal protection
by discriminating against illiterate, uneducated, and non-English-
speaking inmates. The Bureau disagrees with this assertion. As noted
above, under the regulation these inmates have access to legal
assistance (whether from an assisting inmate or attorneys). As noted
above, separate programming is also available for the educational needs
of these inmates.
One commenter objected to the regulation stating that it provided
no place for inmates to work in private. As noted below, the Bureau has
adjusted its regulation to allow the assisting inmate to produce drafts
(with qualification) outside of the law library or other designated
location.
One commenter objected on general grounds stating that there was no
valid governmental or penological interest at stake. As noted above,
the Bureau disagrees with this assessment.
One commenter objected, stating that ``untrained staff'' would have
blanket authority to classify any legal document as contraband and that
consequently the regulation would result in abuses. The Bureau notes
that it is responsible for the proper training of its staff (whether
for the purpose of avoiding abuse in
[[Page 4893]]
enforcing this regulation or any of its regulations).
Some commenters offered alternatives for consideration. One
commenter recommended that paragraph (f)(2) in Sec. 543.11 be removed.
Removing paragraph (f)(2) eliminates provisions for possession by an
assisting inmate of another inmate's legal materials (within the
limitations proposed by the Bureau which are predicated upon the
security needs noted above). The Bureau is uncertain about the nature
of this comment's concern. If the commenter is proposing that the
Bureau eliminate paragraph (f)(2) in Sec. 543.11 in order to allow
inmates to possess one another's legal materials without any
restrictions, the Bureau rejects this proposal. For the reasons set
forth above, the Bureau believes that there must be limitations placed
on the extent to which inmates may possess the legal materials of other
inmates. Alternatively, if the commenter is suggesting that the Bureau
should completely prohibit inmates from possessing one another's legal
materials, the Bureau believes that allowing inmates to possess one
another's legal materials (within the limitations proposed by the
Bureau) enhances an inmate's ability to obtain access to the court,
which is one of the purposes of the Bureau's final regulation.
Therefore, Bureau also rejects this proposal. Another commenter
advocated allowing the assisting inmate to possess another inmate's
legal materials in his or her cell so that the assisting inmate could
work on the materials in the cell. The Bureau, as noted below, has made
an adjustment to its regulations which allows an assisting inmate to
work on drafts (with qualifications) in locations other than the law
library or designated location. As noted above, concerns of institution
security, discipline, and good order preclude further adjustment on
this point. Another commenter recommended that the Bureau provide forms
in the law library which would document an inmate's release of legal
materials to another inmate. This recommendation does little to address
the Bureau's security concerns regarding the uncontrolled possession of
inmate legal materials by another inmate.
One commenter stated that the California state prison system did
not impose any restrictions on the possession of inmate legal materials
and recommended that the Bureau also not impose any restrictions. The
commenter inferred that no legitimate penological objectives were
involved as none presumably were apparent to the California state
prison system. This same commenter also cited instances in which
various Bureau facilities had authorized the possession by an inmate of
another inmate's legal materials to a certain extent. The Bureau noted
in its proposed rule that some institutions had varied from the
Bureau's prohibition on the possession of another inmate's legal
materials. Both the proposed rule and this final rule are intended to
maintain the appropriate balance between the institution's need for
institution security, good order, and discipline and the ability of
inmates to assist each other with their legal documents. With respect
to the cited example of the California state prison system, the Bureau
notes that to some extent California is acting under a court order and
that any particular policy of the prison system may not necessarily
reflect the system's opinion regarding any penological concerns
associated with allowing inmates to possess one another's legal
materials.
This same commenter also advocated two other alternatives to the
proposed rule. The commenter recommended that the law library provide
storage for legal materials. Fiscal and space limitations within
institutions make this suggestion impracticable. The commenter also
recommended the development of an inmate law clerk program. The Bureau
currently is evaluating a pilot project along these lines. Such a
program may be implemented upon conclusion of the evaluation. However,
the Bureau is not ready to do so at this time.
This same commenter also recommended including a provision in the
regulation prohibiting retaliation by staff aimed at inmates who assist
other inmates. The Bureau believes that such a specific provision is
unnecessary as staff standards of conduct already prohibit retaliatory
actions by staff.
In consideration of the comments above, the Bureau is adopting the
proposed rule as final with the following changes. In Sec. 543.11,
paragraph (a) has been clarified to refer to ``scheduled program or
work assignment'' rather than ``scheduled assignment or program'';
paragraph (d) has been adjusted to include reference to filings before
other judicial or administrative body and to clarify that drafts of
pleadings which contain the inmate's name and case caption or document
title prominently on the first page are an assisted inmate's legal
material; provisions in paragraph (f) pertaining to leisure time, the
definition of legal materials, and the extent to which inmates may have
copies of legal materials have been clarified; paragraph (f) has also
been revised to address requirements on the assisting inmate's
possession of handwritten notes and drafts, the providing or retrieving
of legal materials from the law library or other designated location,
possible disposal or return of unattended legal materials, and the
legal needs of inmates in mental health seclusion status in federal
medical centers or inmates in controlled housing.
Members of the public may submit comments concerning this rule by
writing to the previously cited address. These comments will be
considered but will receive no response in the Federal Register.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly was not reviewed by the Office of Management and Budget.
After review of the law and regulations, the Director, Bureau of
Prisons has certified that this rule, for the purpose of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), does not have a significant
impact on a substantial number of small entities. Because this rule
pertains to the correctional management of offenders committed to the
custody of the Attorney General or the Director of the Bureau of
Prisons, its economic impact is limited to the Bureau's appropriated
funds.
List of Subjects in 28 CFR Parts 543 and 553
Prisoners.
Ronald G. Thompson,
Acting Director, Bureau of Prisons.
Accordingly, pursuant to the rulemaking authority vested in the
Attorney General in 5 U.S.C. 552(a) and delegated to the Director,
Bureau of Prisons in 28 CFR 0.96(p), parts 543 and 553 in subchapter C
of 28 CFR, chapter V are amended as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 543--LEGAL MATTERS
1. The authority citation for 28 CFR part 543 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,
4081, 4082 (Repealed in part as to offenses committed on or after
November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to
offenses committed after that date), 5039; 28 U.S.C. 509, 510,
1346(b), 2671-80; 28 CFR 0.95-0.99, 0.172, 14.1-11.
2. In Sec. 543.11, paragraphs (a), (d), and (f) are revised, and
paragraph (h) is amended by revising the last sentence to read as
follows:
Sec. 543.11 Legal research and preparation of legal documents.
(a) The Warden shall make materials in the inmate law library
available whenever practical, including evening
[[Page 4894]]
and weekend hours. The Warden shall allow an inmate a reasonable amount
of time, ordinarily during the inmate's leisure time (that is, when the
inmate is not participating in a scheduled program or work assignment),
to do legal research and to prepare legal documents. Where practical,
the Warden shall allow preparation of documents in living quarters
during an inmate's leisure time.
* * * * *
(d) An inmate's legal materials include but are not limited to the
inmate's pleadings and documents (such as a presentence report) that
have been filed in court or with another judicial or administrative
body, drafts of pleadings to be submitted by the inmate to a court or
with other judicial or administrative body which contain the inmate's
name and/or case caption prominently displayed on the first page,
documents pertaining to an inmate's administrative case, photocopies of
legal reference materials, and legal reference materials which are not
available in the institution main law library (or basic law library in
a satellite camp).
(1) An inmate may solicit or purchase legal materials from outside
the institution. The inmate may receive the legal materials in
accordance with the provisions on incoming publications or
correspondence (see 28 CFR part 540, subparts B and F) or through an
authorized attorney visit from a retained attorney. The legal materials
are subject to inspection and may be read or copied unless they are
received through an authorized attorney visit from a retained attorney
or are properly sent as special mail (for example, mail from a court or
from an attorney), in which case they may be inspected for contraband
or for the purpose of verifying that the mail qualifies as special
mail.
(2) Staff may allow an inmate to possess those legal materials
which are necessary for the inmate's own legal actions. Staff may also
allow an inmate to possess the legal materials of another inmate
subject to the limitations of paragraph (f)(2) of this section. The
Warden may limit the amount of legal materials an inmate may accumulate
for security or housekeeping reasons.
* * * * *
(f)(1) Except as provided for in paragraph (f)(4) of this section,
an inmate may assist another inmate in the same institution during his
or her leisure time (as defined in paragraph (a) of this section) with
legal research and the preparation of legal documents for submission to
a court or other judicial body.
(2) Except as provided for in paragraph (f)(4) of this section, an
inmate may possess another inmate's legal materials while assisting the
other inmate in the institution's main law library and in another
location if the Warden so designates.
(i) The assisting inmate may not remove another inmate's legal
materials, including copies of the legal materials, from the law
library or other designated location. An assisting inmate is permitted
to make handwritten notes and to remove those notes from the library or
other designated location if the notes do not contain a case caption or
document title or the name(s) of any inmate(s). The assisting inmate
may also develop and possess handwritten drafts of pleadings, so long
as the draft pleadings do not contain a case caption or document title
or the name(s) of any inmate(s). These notes and drafts are not
considered to be the assisting inmate's legal property, and when the
assisting inmate has these documents outside the law library or other
designated location, they are subject to the property limitations in
Sec. 553.11(a) of this chapter.
(ii) Although the inmate being assisted need not remain present in
the law library or other designated location while the assistance is
being rendered, that inmate is responsible for providing and retrieving
his or her legal materials from the library or other designated
location. Ordinarily, the inmate must provide and retrieve his or her
legal materials during his or her leisure time. An inmate with an
imminent court deadline may request a brief absence from a scheduled
program or work assignment in order to provide or retrieve legal
materials from an assisting inmate.
(3) The Warden may give special consideration to the legal needs of
inmates in mental health seclusion status in federal medical centers or
to inmates in controlled housing.
(4) The Warden at any institution may impose limitations on an
inmate's assistance to another inmate in the interest of institution
security, good order, or discipline.
* * * * *
(h) * * * Staff shall advise the inmate of any delay in the typing
of which they have received notice from the stenographer.
* * * * *
PART 553--INMATE PROPERTY
3. The authority citation for 28 CFR part 553 is revised to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042,
4081, 4082 (Repealed in part as to offenses committed on or after
November 1, 1987), 4126, 5006-5024 (Repealed October 12, 1984 as to
offenses committed after that date), 5039; 28 U.S.C. 509, 510; 28
CFR 0.95-0.99.
4. In Sec. 553.11, paragraph (d) is revised to read as follows:
Sec. 553.11 Limitations on inmate personal property.
* * * * *
(d) Legal materials. Staff may allow an inmate to possess legal
materials in accordance with the provisions on inmate legal activities
(see Sec. 543.11 of this chapter).
* * * * *
[FR Doc. 97-2624 Filed 1-30-97; 8:45 am]
BILLING CODE 4410-05-P
