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LEGAL RESEARCH E-345 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: LEGAL RESEARCH ACCESS NO: E-345 FILE: LEGAL RESEARCH EFFECTIVE DATE: 07-10-89 REVISED: 08-06-90, 07-01-94, 12-25-94, 10-01-97, 11-01-98, 03-01-99, 05-01-99, 01-01-01, 11-01-02, 05-01-05, 08-01-08, 10-24-11, 05-28-14, 08-23-16 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Penal Code Section 1473; California Rules of Court, Rule 4.551; Faretta v. California, 422 U.S. 806 (1975); Bounds v. Smith, 430 U.S. 817 (1977); U.S. v. Wilson 690 F.2d 1267 (9t" Cir. 1982); Vandelft v. Moses, 94 Daily Journal D.A.R. 10425 (1994); Lewis v. Casey, 518 U.S. 343 (1996); and In re Ransbury, et al., Fresno County Superior Court, Lead Case 308318-5, Order modified January 8, 2013, Judge Conklin (Ruling on Fresno County Jail Law Library Kiosks). PURPOSE: The purpose of this policy is to establish a method to provide legal research material to inmates who are serving as their own attorney and actively defending themselves against the criminal charges that are currently holding them in custody. The LexisNexis Legal Research Kiosk provides access to legal research material and may also be made available to inmates who are serving as their own attorney and are challenging the conditions of their confinement, or are challenging an order of commitment or criminal conviction. POLICY: It is the policy of the Fresno County Sheriff's Office Jail Division to provide access to legal research material to inmates who are officially designated by the court as serving as their own attorney and actively defending themselves against the criminal charges that are currently holding them in custody. It is the policy of the Fresno County Sheriff's Office Jail Division to provide access to legal research material to inmates who are serving as their own attorney and are challenging the conditions of their confinement, or are challenging an order of commitment or criminal conviction. Page 1 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: LEGAL RESEARCH ACCESS NO: E-345 FILE: LEGAL RESEARCH PROCEDURES: I. ACCESS TO THE LexisNexis LEGAL RESEARCH KIOSK A. Inmates who are acting as their own attorney(in propria persona—or"pro per")on a criminal matter pursuant to court order, and can produce written documentation of such, will be afforded up to ten (10) hours per week access to the LexisNexis Legal Research Kiosk, if they so request. B. Inmates who are challenging an order of commitment or criminal conviction, or are challenging the conditions of their confinement shall be allowed access to the LexisNexis Legal Research Kiosk. 1. Sentenced inmates have the right to challenge their convictions or sentences by filing a Petition for Writ of Habeas Corpus(MC 275 form). Inmates unrepresented by counsel who produce the court's ruling on their petition (issuing an Order to Show Cause or requesting an informal response) may request access to the LexisNexis Kiosk. Such inmates will be provided a minimum of four(4) hours per week access, if they so request, based upon availability. 2. Any inmate may challenge their conditions of confinement, however, they must first "exhaust administrative remedies" by filing a grievance and appeal prior to filing the Petition for Writ of Habeas Corpus. Inmates who produce the court's ruling on their petition (issuing an Order to Show Cause or requesting an informal response)may request access to the LexisNexis Kiosk. Such inmates will be provided a minimum of four (4) hours per week access to the Kiosk, if they so request, based upon availability. NOTE: Public defenders are appointed specifically to represent the inmate in their criminal case and rarely provide any form of access to the courts to address civil matters involving claims against the Jail. The inmate may ask the court to appoint an attorney to assist in the habeas proceeding, however, inmates have no right to a court- appointed attorney unless the court issues an Order to Show Cause (OSC). If the court issues an OSC, the court will appoint counsel for any inmate who desires but cannot afford to hire one. C. Inmates who choose to proceed as their own attorney in other civil matters not related to jail conditions (e.g., dissolution of marriage, child custody issues, contracts and torts) are not eligible to receive access to the LexisNexis Kiosk. Page 2 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: LEGAL RESEARCH ACCESS NO: E-345 FILE: LEGAL RESEARCH D. Inmates who are represented by counsel must contact their attorney and/or public defender with their request for criminal legal material. Inmates who are represented by counsel will not be provided access to the LexisNexis Kiosk, but may request resource materials as described in Section IV. II. RESTRICTED ACCESS TO THE LExisNExis LEGAL RESEARCH KIOSK A. Inmates observed by staff to engage in non-legal work, act in a disruptive manner while assigned to a Kiosk terminal, damage the Kiosk, damage the assigned room, or assault staff, shall receive a rule violation and be removed from the Kiosk room. The presiding judge will be notified by Offender Programs staff. A copy of the notification shall be scanned into the inmate's file. B. Disciplinary action for an inmate who is found to be guilty of a serious rule violation specifically pertaining to legal research resources may be subjected to restricted access to the Kiosk. C. Inmates may be temporarily suspended from physical access to the Kiosk for up to three (3) days (72-hours) pending investigation of any serious rule violation or when directly locked down under administrative action. III. KIOSK USE A. Offender Programs staff will be responsible to schedule inmates who meet the criteria to use the LexisNexis Kiosks utilizing the OffenderTrak system. The schedule is subject to the approval of the Offender Programs Manager. B. Inmates housed in the Main and North Annex Jails shall be escorted to and secured into a designated Attorney Interview room by an officer. C. Inmates housed in the South Annex Jail shall be escorted and secured into a carrel (isolation booth) in the Law Library. D. Inmates will be provided with the following materials by the Offender Programs Unit upon initial use of the LexisNexis Kiosk: 1. Training materials explaining how to use the LexisNexis Kiosk 2. Legal pad 3. Pencils Page 3 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: LEGAL RESEARCH ACCESS NO: E-345 FILE: LEGAL RESEARCH 4. Pleading paper 5. Blank Motion sheets E. Food and drink items are not permitted in areas near the Kiosks. F. Officers are to conduct pre-equipment checks upon placement into the cell, and post-equipment checks upon removal. The checks shall be documented via the Safety Check System (refer to policy D- 320/Documented Intermittent Visual Security Checks and the Safety Check System [FILE: SAFETY CHECKS]). IV. RESOURCE MATERIALS PROVIDED BY THE LAW LIBRARIAN A. Inmates may submit an Inmate Request Form, and specify up to three (3) items per day to Legal Research. The Law Librarian will provide referrals or resource materials for the following: 1. Petition for Writ of Habeas Corpus and other printed forms required by State and Federal courts for initiating or maintaining a court action. 2. The Board of State and Community Corrections (BSCC) minimum standards for local detention facilities as found in Title 15 of the California Code of Regulations. 3. Facility rules and procedures affecting inmates as specified in Section 1045 of Title 15 (e.g., visiting, correspondence, access to telephones, etc.). 4. DMV information. 5. Voter Registration forms. 6. Addresses of government agencies. B. The Law Librarian will photocopy legal documents for pro per inmates, as well as those who are challenging an order of commitment or criminal conviction, or are challenging the conditions of their confinement (e.g., Petition for Writ of Habeas Corpus). The inmate will be limited to one photocopy of each document (unless the inmate demonstrates that more than one copy must be submitted to court). The legal document to be duplicated, including all exhibits and attachments, shall be limited to the maximum number of pages needed for the filing, not to exceed fifty (50) pages in total length, except when necessary to advance litigation. The inmate shall provide a written explanation of the need for excess Page 4 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: LEGAL RESEARCH ACCESS NO: E-345 FILE: LEGAL RESEARCH document length. C. The following are considered legal documents for the purpose of providing copy service to the inmates- 1. Writs — habeas corpus, mandate, etc. 2. Civil rights complaints 3. Civil complaints or answers 4. Petitions for hearings 5. Motions to proceed "in forma pauperis" (without funds to hire counsel) 6. Exhibits, including slip opinions of the California Court of Appeals, when attached to petitions for hearing in the State Supreme Court. D. The following documents will not be photocopied, except as noted- 1. Law book pages 2. Law review articles 3. Court transcripts 4. Correspondence with attorneys or public officials 5. Slip opinions, except as noted under Section C above. E. Exceptions to any of the limitations specified in this section may be made if the inmate can provide evidence that litigation is in progress and legal due dates are imminent. F. Photocopies are not provided for inmates represented by counsel, including those being assisted by pro per inmates (with the exception of those who are challenging an order of commitment or criminal conviction, or are challenging the conditions of their confinement). V. COURT-ORDERED TELEPHONE CALLS A. All calls related to preparation of the inmate's criminal case will be made from the telephone in the inmate's housing area. B. The inmate is required to provide the Services Unit with the contact name and telephone number of the person verified as assisting in the inmate's criminal defense (e.g., the inmate's court-approved investigator, paralegal, legal runner, or other person verified as assisting in the preparation of the Page 5 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: LEGAL RESEARCH ACCESS NO: E-345 FILE: LEGAL RESEARCH inmate's criminal defense). 1. Upon receipt of the contact name and number, the Services Unit shall be responsible to call the number provided and verify both the telephone number and the contact individual. 2. If the staff member is uncertain that the contact name or number is legitimately assisting in the preparation of the inmate's criminal defense, the staff member will notify both the Jail Programs &Services Bureau Manager and the clerk of the court where the inmate's criminal case is assigned. C. The Services Unit shall enter the number(s) into the telephone system as "privileged" to prevent the calls from being monitored/recorded. VI. JAILHOUSE LAWYERS In the simplest of terms, a "jailhouse lawyer" is an inmate who assists other inmates with litigation. While inmates may assist other inmates with legal matters, a jailhouse lawyer does not have a free-standing First Amendment right to provide legal assistance to another inmate, and assistance can be restricted by regulations that are reasonably related to legitimate penological interests. A. Pro per inmates may perform legal assistance for other inmates, however, they cannot seek or receive compensation for providing legal assistance. B. Communications between inmates will not be given greater protection simply because they include legal advice. There is no privileged communications between inmate and an inmate jailhouse lawyer. VI I. INMATES IDENTIFIED AS DISABLED OR ILLITERATE A. Offender Programs staff will assist illiterate or non-English speaking inmates or those physically incapable of reading or preparing forms adopted under rules of the United States courts and the Judicial Council of California for petitions for habeas corpus if such an inmate requests assistance. B. Reasonable accommodations may include, but are not limited to, identification of legal research materials, and assistance in reading and scribing forms. Page 6 of 7 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: LEGAL RESEARCH ACCESS NO: E-345 FILE: LEGAL RESEARCH C. Staff will not provide any type of legal advice, explanation, opinion, or recommendation to an inmate about possible legal rights, remedies, defenses, options, selection of forms, or strategies. Vill. LIMIT ON THE AMOUNT OF LEGAL MATERIAL AN INMATE CAN HAVE IN THEIR POSSESSION Legal material in the possession of an inmate (or contained in an inmate's housing area) shall not exceed an amount which measures 8'/2" x 14"x 24". If the amount of legal material exceeds that amount, the extra legal material shall be properly identified and placed into the inmate's personal property, as per policy. Page 7 of 7