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DEPARTMENT OF CORRECTIONS

 

DIVISION 139

LEGAL AFFAIRS (INMATE)

291-139-0005

Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish Department of Corrections policy and procedure for affording inmates reasonable access to law library or contract legal services, and to necessary supplies for the preparation and filing of legal documents with the courts and parole board authorities.

(3) Policy: Within the inherent limitations of resources and the need for facility security, safety, health and order, it is the policy of the Department of Corrections to satisfy its legal obligation to provide inmates meaningful access to the courts by affording inmates reasonable access to law library or contract legal services, and to necessary supplies for the preparation and filing of legal documents with the court and parole board authorities.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 11-1978(Temp), f. 6-20-78, ef. 6-22-78; CD 30-1978, f. & ef. 10-5-78; CD 2-1980(Temp), f. & ef. 2-20-80; CD 26-1980, f. & ef. 7-28-80; CD 8-1981, f. & ef. 4-17-81; CD 16-1985, f. & ef. 7-26-85; CD 15-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 23-1991, f. & cert. ef. 9-20-91; CD 17-1997(Temp), f. & cert. ef. 9-17-97; DOC 4-1998, f. & cert. ef. 3-13-98

291-139-0010

Definitions

(1) Department of Corrections Facility: Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(2) Functional Unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(3) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post-prison supervision status.

(4) Legal Assistant: An inmate assigned to work in a facility law library to assist in the provision of legal access for other inmates by consulting, legal research, and typing, as necessary.

(5) Legal Documents: Pleadings (i.e., complaint, petition or answer), legal motions and memoranda, affidavits, court orders and judgments, or other necessary papers submitted to a court in connection with a legal action. For purposes of these rules "legal documents" include necessary papers submitted to the Oregon Board of Parole and Post-Prison Supervision and equivalent releasing authorities in other state and federal jurisdictions in connection with official actions and proceedings of such authorities.

(6) Library Coordinator: Department employee(s) assigned to supervise facility law libraries and law library services, including the activities of assigned legal assistants.

(7) Special Security Housing: Housing separate and apart from the general population, including facilities, units, rooms, or cells specifically designed for segregation purposes.

(8) Week: Seven-day period beginning on Sunday and ending on Saturday.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 11-1978(Temp), f. 6-20-78, ef. 6-22-78; CD 30-1978, f. & ef. 10-5-78; CD 2-1980(Temp), f. & ef. 2-20-80; CD 26-1980, f. & ef. 7-28-80; CD 35-1980(Temp), f. & ef. 12-23-80; CD 8-1981, f. & ef. 4-17-81; CD 12-1983, f. & ef. 2-18-83; CD 16-1985, f. & ef. 7-26-85; CD 15-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 23-1991, f. & cert. ef. 9-20-91; DOC 4-1998, f. & cert. ef. 3-13-98

Procedures

291-139-0015

Library Coordinator and Legal Assistants

(1) Library Coordinator: The library coordinator shall supervise facility law libraries and law library services, including the activities of the assigned legal assistants. The library coordinator may not prohibit legal assistants from providing legal assistance to another inmate unless the library coordinator has reason to believe that the legal assistant has provided services to the inmate in violation of these rules.

(2) Legal Assistants:

(a) Assigned legal assistants shall assist other inmates with their legal concerns when requested by assisting inmates in the preparation and filing of legal documents with the courts through consulting, legal research, and typing, as necessary;

(b) Selection:

(A) A minimum of one full-time inmate legal assistant will be provided at the Columbia River Correctional Institution, Santiam Correctional Institution, Oregon State Correctional Institution, Eastern Oregon Correctional Institution, Oregon Women's Correctional Center, and Oregon State Penitentiary;

(B) Criteria:

(i) A GED or high school diploma and a genuine interest in helping inmates with their legal needs will be required and determined by interviews conducted by a selection committee;

(ii) Qualified applicants will be selected based on knowledge of the legal system, legal research abilities, legal writing skills, ability to communicate, typing skills and an acceptable facility record of demeanor;

(c) Awards: Assigned inmate legal assistants will be eligible to receive monthly performance awards in accordance with the Department of Corrections rule on Performance Recognition and Award System (OAR 291-077).

(d) Inmates shall not charge or receive any form of compensation from other inmates or persons for legal services.

(e) Assignment and removal of inmate legal assistants shall not be based upon retaliation for legitimate legal activities.

Stat. Auth.:ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 11-1978(Temp), f. 6-20-78, ef. 6-22-78; CD 30-1978, f. & ef. 10-5-78; CD 2-1980(Temp), f. & ef. 2-20-80; CD 26-1980, f. & ef. 7-28-80; CD 8-1981, f. & ef. 4-17-81; CD 12-1983, f. & ef. 2-18-83; CD 16-1985, f. & ef. 7-26-85; CD 15-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 23-1991, f. & cert. ef. 9-20-91; CD 17-1997(Temp), f. & cert. ef. 9-17-97; DOC 4-1998, f. & cert. ef. 3-13-98

291-139-0020

Level 1 Law Libraries

(1) Level 1 law libraries will provide the most comprehensive level of service with expanded resource material, an effective intra- and interfacility correspondence/loan system, and employee services to provide expanded resource material and legal research services to Level 2 and Level 3 law libraries when requested. Legal resource materials may be made available using CD-ROM technology in some facilities.

(2) Level 1 law libraries will be maintained at the Oregon State Penitentiary, Oregon State Correctional Institution, Eastern Oregon Correctional Institution, and the Snake River Correctional Institution.

(3) Resource materials maintained in Level 1 law libraries are listed in Exhibit 1. [Exhibit not included. See ED. NOTE.]

[ED. NOTE: Copies of the Exhibit referenced in this rule are available from the agency.]

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 11-1978(Temp), f. 6-20-78, ef. 6-22-78; CD 30-1978, f. & ef. 10-5-78; CD 2-1980(Temp), f. & ef. 2-20-80; CD 26-1980, f. & ef. 7-28-80; CD 16-1985, f. & ef. 7-26-85; CD 15-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 23-1991, f. & cert. ef. 9-20-91; DOC 21-1998(Temp.), f. & cert. ef. 9-29-98 thru 3-28-99; DOC 4-1999, f. 2-25-99, cert. ef. 3-1-99

291-139-0025

Level 2 Law Libraries

(1) Level 2 law libraries will provide a second level of service with resources to provide copies of library resource material upon written request to a Level 3 law library.

(2) Level 2 law libraries will be maintained at the Santiam Correctional Institution and the Columbia River Correctional Institution.

(3) Resource materials maintained in Level 2 law libraries are listed in Exhibit 2.

[ED. NOTE: The exhibit referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 11-1978(Temp), f. 6-20-78, ef. 6-22-78; CD 30-1978, f. & ef. 10-5-78; CD 2-1980(Temp), f. & ef. 2-20-80; CD 26-1980, f. & ef. 7-28-80; CD 12-1983, f. & ef. 2-18-83; CD 16-1985, f. & ef. 7-26-85; CD 15-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 23-1991, f. & cert. ef. 9-20-91; CD 17-1997(Temp), f. & cert. ef. 9-17-97; DOC 4-1998, f. & cert. ef. 3-13-98

291-139-0028

Level 3 Law Libraries

(1) Level 3 law libraries will contain minimum resource material, self-help books, and necessary forms for solving simple legal issues.

(2) Level 3 law libraries will access Level 2 law libraries. If the requested materials at Level 2 law libraries are not available, Level 1 libraries may provide copies by written request.

(3) Level 3 law libraries will be maintained at the Oregon Women's Correctional Center, Powder River Correctional Facility and Shutter Creek Correctional Institution.

(4) Resource materials maintained at Level 3 law libraries are listed in Attachment 3.

[ED. NOTE: The attachment referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 23-1991, f. & cert. ef. 9-20-91; DOC 4-1998, f. & cert. ef. 3-13-98

291-139-0030

Law Library Hours of Operations and Procedure Governing Use

(1) Normal law library hours of operation for each facility will be posted.

(2) Work space will be provided for inmate use in all facility law libraries.

(3) Assigned legal assistants will be provided work space, typewriter, and other supplies.

(4) Canteen items, personal property, and other items which are unrelated to legal research or preparation of legal documents will not be permitted in facility law libraries.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 11-1978(Temp), f. 6-20-78, ef. 6-22-78; CD 23-1991, f. & cert. ef. 9-20-91; DOC 4-1998, f. & cert. ef. 3-13-98

291-139-0035

Access to Law Library Services

(1) All inmates will be afforded reasonable opportunities to access law library or contract legal services as provided in these rules.

(2) Inmates will be allowed a reasonable amount of time to do legal research and to prepare legal documents in the facility law library or in the inmate's assigned cell or living unit. A special time allowance for research and preparation of legal documents in a facility law library may be granted to an inmate who demonstrates a need for access to law library services to meet an imminent court deadline.

(3) Inmates who require law library services not maintained in their assigned Department facility law library may access specific additional legal research materials maintained in other Department facility law libraries through the Department's intrafacility and interfacility correspondence/loan system.

(a) Inmates may request duplicated copies of specific reported cases, digest topics, and other specific legal research materials listed in the exhibits attached to this rule by use of the Department form "Legal Library Service Request" (CD 429D). Inmates assigned to Department facilities without a legal assistant may request legal research assistance from the legal assistant assigned to other facility law libraries by use of the same Department form.

(b) Interfacility requests for additional law library services will be processed with reasonable diligence. Interfacility requests for additional legal research materials will be returned to the facility law library. Telephone access to law library employees or inmate legal assistants assigned to other Department facility law libraries may be permitted to an inmate who demonstrates a need for access to such additional services to meet an imminent court deadline.

(4) Inmate Assigned to Special Security Housing:

(a) Inmates assigned to special security housing will be afforded access to law library services through the Department's intrafacility and interfacility correspondence/loan system, and through access to satellite law library materials provided in or near the special security housing unit. Satellite law libraries materials will consist of those resources listed in Exhibit 4.

(b) Inmates assigned to special security housing may request duplicated copies of specific reported cases, digest topics, and other specific legal research materials by use of the Department form Legal Library Service Request (CD 429D). Legal research assistance may also be requested by use of the same Department form. Requests for legal research materials will be limited to five per inmate at any one time. All copies of cases and other loaned resource materials must be returned to the facility law library;

(c) Inmates assigned to special security housing will also be permitted to communicate with law library employees and inmate legal assistants concerning legal research questions via telephone on a weekly schedule to be posted.

(5) Inmates from out-of-state facilities (state and federal) will be afforded access to law library services upon the same basis as Oregon inmates. Inmates from out-of-state facilities requiring access to state legal research materials from their state of conviction will be required to access those materials from their respective state of conviction facility.

(6) Oregon inmates in out-of-state facilities (state and federal) may access Oregon legal research materials and assistance from assigned inmate legal assistants through correspondence directed to a library coordinator of an Oregon correctional facility. Requests for law library services from Oregon inmates in out-of-state facilities will be processed with reasonable diligence.

(7) Contract Legal Services: In lieu of access to law library services, inmates in certain Department of Corrections facilities may be afforded meaningful access to the courts through the services of a legal services provider under contract with the Department of Corrections, access to satellite law library materials, and through court-appointed counsel as provided in the Oregon Revised Statutes. Inmate access to law library services in these facilities will be limited to access to satellite law library materials listed in Exhibit 4.

[ED. NOTE: The Exhibit(s) and Form(s) referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 15-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 23-1991, f. & cert. ef. 9-20-91; CD 17-1997(Temp), f. & cert. ef. 9-17-97; DOC 4-1998, f. & cert. ef. 3-13-98

291-139-0040

Supplies, Photocopying, Mailing, and Notary Services

(1) Supplies:

(a) Facility law libraries will have supplies (e.g., pen, paper, carbon paper) available for inmates using the law library facilities. These supplies shall be used only for legal research and the preparation of legal documents;

(b) Envelopes for mailing of legal documents and other necessary supplies will be available for purchase from the facility canteen.

(2) Photocopying Services:

(a) Photocopying services will be available to inmates for duplication of legal documents at the inmate's expense;

(b) An inmate will be required to have sufficient funds in his/her trust account to cover the costs of duplication at the time of a request to obtain photocopying services. Duplication costs will be debited from the account of the inmate for whom these services are provided. Inmates receiving photocopying services will be charged at the rate of $.10 per copy page. In those facilities with photocopying machines designated for inmate use, inmates may obtain photocopying services by use of a copycard available for purchase from the facility canteen;

(c) Inmates assigned to special security housing prisons may request photocopying services from the law librarian by use of the Department form "Photocopy Request" (CD 1186D). An inmate will be required to have sufficient funds in his/her trust account to cover the costs of duplication at the time of a request to obtain photocopying services. Duplication costs will be debited from the account of the inmate for whom these services are provided. Inmates receiving photocopying services will be charged at the rate of $.10 per copy page.

(3) Mailing Services: Mailing services (e.g., postage, certified mail) will be available for mailing of legal documents at the inmate's expense as provided in these rules and in the Department's rule on Mail (Inmate).

(4) Notary Services: Notary services will be available for notarization of legal documents at no cost to inmates by employees who are licensed notaries on a schedule to be posted.

(5) Indigent Inmates:

(a) An inmate without sufficient funds in his/her trust account to pay for the costs of necessary supplies and mailing services will be provided such supplies and mailing services, notwithstanding the inmate's indigent status, to make required filings with the courts and parole board authorities required by law, and court and procedural rules. This does not include general correspondence with attorneys;

(b) Costs incurred by the Department in providing such necessary supplies and/or mailing services will be debited from the account of the inmate for whom these supplies and/or mailing services were provided.

(c) An inmate without sufficient funds in his/her trust account to cover the costs of duplication at the time of request will be provided supplies necessary (i.e., paper and carbon paper) to hand duplicate or type the material. The library coordinator may authorize the photocopying of exhibits or other legal documents for an indigent inmate if the inmate demonstrates the duplication cannot be accomplished by use of carbon paper and is required by the court or procedural rules.

[ED. NOTE: The Form(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 15-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 23-1991, f. & cert. ef. 9-20-91; DOC 4-1998, f. & cert. ef. 3-13-98

291-139-0045

Storage, Control, and Disposition of Legal Materials

(1) Each inmate will be responsible for maintaining custody of his/her own legal materials.

(2) Each inmate may retain such legal documents and materials if in accordance with the provisions in the Department's rule on Personal Property Control and Disposition (Inmate).

(3) Audio and Video Taped Hearing Records: Inmates in Department facilities will be permitted to access certified copies of audio and video cassette tape recordings of official court and Oregon Board of Parole and Post-Prison Supervision hearings and proceedings as provided in this rule:

(a) An inmate will be required to first request and receive prior authorization to receive and access the tapes from the facility library coordinator by use of a Department form "Audio/Video Cassette Request" (CD 1227D) to obtain access to certified copies of audio and video cassette tape recordings of official court and Board of Parole and Post-Prison Supervision hearings. Authorization will be granted for only those tape recordings of court and Board of Parole and Post-Prison Supervision hearings or proceedings for which written transcripts are not available;

(b) Authorized audio and video taped hearing records will be required to be received directly from the inmate's attorney, or from the court or Oregon Board of Parole and Post-Prison Supervision. Upon receipt in the facility mail room, authorized audio and video tapes will be forwarded to the facility library coordinator who will control the inmate's physical access to the tape records. Inmates will be permitted to review authorized audio and video cassette tape records only in facility law libraries and as permitted by the facility library coordinator. Only those inmates who are (1) parties to the court or Board of Parole and Post-Prison Supervision proceeding(s), or (2) assigned legal assistants that have been requested to assist the inmate(s), will be authorized to review the tape records;

(c) Authorized audio and video cassette tape records will be stored in a locked storage area under the control of the facility library coordinator when not in use;

(d) Disposition: The tape record(s) will be disposed of as directed by the inmate's attorney upon completion of review and use of an authorized audio or video taped hearing record. If the inmate is not represented by an attorney, the tape record(s) will be either: (1) mailed out of the facility at the inmate's expense, or (2) destroyed, as directed in writing by the inmate on the Department form "Audio/Video Cassette Request" (CD 1227D).

[ED. NOTE: The Form(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 15-1988, f. & cert. ef. 10-7-88 (and corrected 10-25-88); CD 23-1991, f. & cert. ef. 9-20-91; DOC 4-1998, f. & cert. ef. 3-13-98

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