CH 02 Access to Courts and Counsel (Policy.Corrections.CH 02 Access to Courts and Counsel.WebHome)

1. Daytime Hours: The daily time frame from when breakfast is served to when the main housing unit lights are turned off (according to the established housing unit schedule). Daytime hours may differ from housing unit to housing unit.

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1. ICE: Immigration and Customs Enforcement

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**CH 02_102 __REFERENCES__**

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1. Immigration and Customs Enforcement Standards:

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11. 2000-1

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11. 2000-9

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1. Utah Counties Insurance Pool:

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11. ML.V.A.4.

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1. Utah Sheriff's Association Jail Standards:

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11. E04.01.01: Written Access to Courts and Counsel Policies and Procedures Required

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11. E04.02.01: Privileged Mail

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11. E04.02.02: Identifying Privileged Mail

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11. E04.02.03: Inspecting Incoming Privileged Mail

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11. E04.02.04: Indigent Inmates

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11. E04.03.01: Providing and Regulating Attorney Visits

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11. E04.03.02: Privacy of Attorney Visits

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11. E04.04.01: Providing and Regulating Telephone Calls to Attorneys

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11. G01.01.01: Written Access to Courts and Counsel Policies and Procedures Required

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11. G01.01.02: Content

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11. G01.02.01: Interference with Prisoners' Access to Courts G01.02.02: Assisting Prisoners

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11. G01.02.02: Assisting Inmates

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11. G01.02.03: Communication with Courts

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11. G01.02.04: Access by Prisoners in Segregation

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11. G01.03.01: Communication with Counsel

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11. G01.03.02: Access to Counsel by Prisoners in Segregation

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11. G01.04.01: Writing Materials

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11. G01.04.02: Law Libraries

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**CH 02_103 __GENERAL__**

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1. Policy:

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11. PCF staff shall not obstruct or unlawfully interfere (including threats or retaliation) with inmates' access to courts and legal counsel. However, limitations and restrictions may be enforced in order to accomplish legitimate penological interests.

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11. PCF shall facilitate inmates’ lawful efforts to access courts and legal counsel.

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11. Inmates may assist other inmates, voluntarily and free of charge, in researching and preparing legal documents, consistent with security procedures. Inmates may not charge fees, trade, or barter for legal assistance with other inmates.

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11. Illiterate or non-English speaking ICE detainees requesting legal assistance shall be referred to ICE.

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11. Inmates may retain a reasonable amount of personal legal material at their housing location, including special management locations. Inmate legal material shall not be stored by PCF.

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11. Inmates who seek judicial relief on any matter shall not be subjected to reprisals, retaliation, or penalties.

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1. Rationale:

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11. Access to courts and legal counsel is a fundamental constitutional right.

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11. Limitations and restrictions may be necessary in order to protect safety and security interests (e.g., inmates known to have a violent relationship should not be allowed access to the same day room, at the same time).

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**CH 02_104 __TELEPHONE__**

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1. Policy:

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11. Telephone use for access to courts (if allowed by the court) and legal counsel shall generally be available to all inmates during daytime hours.

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11. Telephone use for inmates housed in a restricted housing unit (e.g., lockdown or administrative segregation), may be limited to the times that the inmates are scheduled out of their cells for day room use.

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11. Known legal phone calls shall not be recorded or monitored. Upon request, legal phone numbers may be blocked from automatic system recording.

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1. Rationale:

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11. Access to courts and legal counsel is a fundamental constitutional right. However, 24-hour telephone access is not reasonable since most courts and law offices are closed during evening hours.

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**CH 02_105 __MAIL__**

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1. Policy:

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11. Inmates may access courts and legal counsel via standard mail (United States Postal Service).

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11. Legal mail shall not be denied or restricted.

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11. Indigent supplies for legal mail shall be available through the Commissary Unit (reference policy: [[CH 08 Commissary>>doc:Policy.Corrections.CH 08 Commissary.WebHome]]). Legal mail supplies may be limited (reference policy: [[CH 04 Inmate Mail>>doc:Policy.Corrections.CH 04 Inmate Mail.WebHome]]).

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11. Legal mail includes mail communication with courts or legal counsel, to or from inmates.

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11. Envelopes for legal mail shall be provided by commissary with a pre-stamped “legal” on the outside of the envelope to notify PCF staff that the contents contain material that is entitled to legal mail privileges.

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11. Legal mail shall display the name and address of the sender on the outside of the envelope.

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11. Legal mail may be verified for authenticity and checked for contraband. Legal mail shall be opened by PCF staff in the presence of the inmate sending or receiving it. Legal mail shall not be read.

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11. Delivery of legal mail shall be documented in the jail computer system.

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11. Abuse of legal mail privileges shall be documented in the jail computer system and disciplinary actions shall be enforced.

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1. Rationale:

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11. Special procedures should be followed regarding legal mail in order to protect the rights of the inmate and to protect the security interests of the jail.

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**CH 02_106 __VISITATION__**

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1. Policy:

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11. Inmates may access courts and legal counsel via visitation upon request from the inmate or the legal representative. Visitors must provide identification and verification of court or legal counselor status.

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11. Legal visitation shall be allowed any day, during daytime hours, for any duration as long as doing so does not create safety, security, or operational conflicts. Exceptions may be granted upon approval of the on duty supervisor due to exigent circumstances. Legal visits shall be documented in the jail computer system.

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11. Legal visits should be encouraged to take place outside general visitation times in order to maximize the privacy for the legal visits.

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11. Legal visits shall not be recorded or monitored.

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11. Interpreters should be permitted to assist attorneys and other legal representatives.

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11. Visitation denials or restrictions shall be documented in the jail computer system and shall include a detailed reason.

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1. Rationale:

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11. Special procedures should be followed regarding legal visitation in order to protect the rights of the inmate and to protect the security interests of the jail.

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**CH 02_107 __LAW LIBRARY__**

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1. Policy:

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11. PCF shall provide inmates assistance with legal preparation and filing by providing a law library for inmate use.

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11. Law library use must be requested by the inmate wishing to use the law library. A minimum of five hours per week shall be allowed per inmate. Inmates shall not be required to forego recreation time in order to use the law library. Inmates facing a court deadline shall be given priority use of the law library.

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11. Inmates, including special management inmates, shall not be unreasonably denied use of the law library. Denials of access to the law library shall be documented in the jail computer system and shall be reviewed at least once each week for lifting of restrictions. ICE shall be notified when an ICE detainee is denied law library use.

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11. The law library shall contain all materials required and provided by ICE, including the Lexis Nexis library. Material shall be updated when received from ICE.

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11. ICE detainees may request materials not currently in the law library. Each request shall be forwarded to ICE for review and acquisition, if approved. Requests for copies of court decisions should be accommodated by ICE within three to five business days.

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11. The law library shall be well lit and be reasonably isolated from noisy areas.

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11. Upon request, ICE detainees may be provided a typewriter in the law library. The typewriter shall be provided by ICE staff.

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11. Outside persons and organizations are permitted to submit published legal material for inclusion in the law library. This material shall be forwarded and reviewed by ICE prior to inclusion.

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11. A designated employee shall inspect, update, maintain and/or replace legal material and equipment on a routine basis.

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1. Rationale:

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11. Access to legal materials via a law library may be considered a right under certain circumstances. In order to avoid liability, PCF should err on the side of providing too much legal access rather than too little, consistent with security interests.

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**CH 02_108 __REQUEST FORMS__**

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1. Policy:

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11. Access to courts and legal counsel shall not be allowed via PCF request forms.

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1. Rationale:

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11. PCF forms are intended for in-house use only.

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11. Inmates may access courts and legal counsel by means of written communication via professional mail (reference policy: [[CH 04 Inmate Mail>>doc:Policy.Corrections.CH 04 Inmate Mail.WebHome]]).

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11. Inmates may receive paper and envelopes through the Commissary Unit.

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**CH 02_109 __GROUP PRESENTATIONS__**

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1. Policy:

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11. PCF shall permit ICE-authorized persons to make presentations to groups of ICE detainees for the purpose of informing them of U.S. immigration law and procedures, consistent with security and orderly operation.

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11. ICE-approved, legal, video presentations should be played at regular opportunities, at the request of outside organizations.

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11. Presenters shall be afforded a minimum of one hour to make their presentation and to conduct a questions-and-answers session.

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11. ICE-approved materials may be distributed by presenters.

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11. Presenters shall be permitted group or individual legal visits after the presentation. Conversations shall not be monitored.

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11. Posters announcing presentations should appear in common areas at least 48 hours in advance and sign-up sheets should be available and accessible.

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11. Denials of ICE detainees to attend group legal presentations shall be documented in the jail computer system and shall include the reason for the denial.

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11. When the number of ICE detainees allowed to attend a group legal presentation is limited, PCF shall allow multiple presentations so that all signed-up detainees may attend.

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11. ICE detainees in special management units (unable to attend for security reasons) may request separate sessions. These sessions shall be documented in the jail computer system.

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11. A copy of ICE's Group Legal Rights Presentation policy, including attachments, shall be available to ICE detainees upon request. Requests shall be forwarded to ICE staff.

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1. Rationale:

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11. ICE encourages group legal presentations which instruct detainees about the immigration system and their rights and options within it.

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