33-501.301: Law Libraries
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to revise the population threshold for law library collections; eliminate starter collection law libraries; revise the procedure for addressing inmates’ failure to return borrowed law library research materials; modify the inmate law clerk training program; revise form DC5-152 for clarity; amend the definition of legal assistance; and broaden priority use of the law library and legal services.
SUMMARY: The proposed rule updates technical changes; raises the threshold for minor collections from 400 to 500 inmates; eliminates starter collection law libraries; eliminates language allowing law libraries to suspend confinement services for the failure to return research materials and substitutes language providing for disciplinary action; modifies the inmate law clerk training program; eliminates the provision stating that inmate law clerks are not permitted to use typewriters, work processors personal computers, or like equipment to prepare legal documents and legal mail; amends the definition of legal assistance; broadens priority use of the law library and legal services; and revises Form DC5-152, Law Library Interlibrary Loan Request, for clarity.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 944.09, 944.11 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.11 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dorothy M. Ridgway, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-501.301 Law Libraries.
(1) No change.
(2) Definitions.
(a) Central office library services: refers to library services section in the bureau of institutional programs, office of classification and programs, in the department’s central office headquarters.
(b) through (d) No change.
(e) Inmate law clerk: refers to any inmate that an institution has assigned to work in a law library in departmental inmate work assignment codes L04 and L09. Inmate law clerks have successfully completed the department’s law clerk training program, or have equivalent legal training, and have “LEGAL” or “LAW” certificate entries recorded in the department’s offender database.
(f) Inmate law clerk trainee: refers to any inmate that an institution has assigned to work in a law library in departmental inmate work assignment codes L03 and L08. Inmates must meet all of the qualifications established in paragraph (7)(d) to be assigned as a law clerk trainee.
(g) Inmate library clerk: refers to any inmate that an institution has assigned to work in the law library in departmental work assignment codes L01 and L06.
(h) through (i) No change.
(j) Legal assistance: refers to those services that the law library program or inmate law clerks provide to the inmate population. They include: providing inmates access to law library materials; assisting inmates in conducting legal research; assisting inmates with the preparation of legal documents and legal mail associated with the filing of post-conviction petitions filed in the state or federal courts, civil rights actions filed in the state or federal courts, and administrative actions filed with the Florida Parole Commission or the Florida Bar; assisting inmates with the preparation of grievances filed with the Department of Corrections; providing inmates with access to grievance and court forms; providing indigent inmates with access to legal writing supplies pursuant to Rule 33-210.102, F.A.C.; and providing copying services to inmates pursuant to Rule 33-501.302, F.A.C.
(k) Library services administrator: refers to departmental employee in the bureau of institutional programs who is responsible for statewide coordination of library and law library services.
(l) Major collection: refers to a law library that includes the following legal publications: an annotated edition of the Florida Statutes; an annotated edition of the U.S. Constitution and federal statutes governing habeas corpus and prisoner’s rights; Florida and federal case reporters; Florida and federal Shepard’s citation indexes; Florida and federal practice digests; forms manuals; and secondary source materials providing research guidance in the areas of federal habeas corpus, Florida post-conviction and post-sentence remedies, and prisoner’s rights. Major collection law libraries also maintain current copies of departmental rules and regulations as provided in paragraph (5)(4)(b).
(m) Minor collection: refers to a law library that includes the following legal publications: an annotated edition of the Florida Statutes; Florida case reporters; Shepards Florida Citations; Florida and federal practice digests; an annotated edition of the U.S. Constitution and federal statutes governing habeas corpus and prisoner’s rights; forms manuals; and secondary source materials providing research guidance in the areas of federal habeas corpus, Florida post-conviction and post-sentence remedies, and prisoner’s rights. Minor collection law libraries also maintain current copies of departmental rules and regulations as provided in paragraph (5)(4)(b).
(n) through (s) No change.
(t) Starter collection: refers to a law library that includes the following legal publications: an annotated edition of the Florida Statutes; an annotated edition of the Title 42, United States Code, Section 1983; the
(t)(u) Working day: refers to any weekday, i.e., Monday to Friday, except when the day is an official state holiday.
(3) Law Library Access – General.
(a) Hours of Operation. Major and minor collection law libraries shall be open for inmate use a minimum of 25 hours per week, except weeks which include official state holidays. Only times that inmates have access to the law library collection and inmate law clerks, or when inmate law clerks are providing research assistance to close management, death row, other special status populations, shall be counted. The law library’s operating schedule shall be designed to permit each inmates access to legal materials consistent with:
1. through 4. No change.
(b) Inmates at satellite correctional facilities without law libraries attached to institutions with major or minor law collections shall be provided access to the law library and inmate law clerks by means of correspondence, except as otherwise provided in paragraphs (3)(d), (3)(e) and (3)(f).
(c) through (e) No change.
(f) Inmates who must meet deadlines imposed by law, court rule or court order in legal proceedings challenging convictions, sentences or prison conditions shall be given priority in the use of the law library and related legal services. However, the inmate shall be responsible for notifying the department of the deadline in a timely manner. Department staff shall respond to a request for special access to meet a deadline within 3 working days of receipt of the request, not including the day of receipt. This period shall not be shortened due to the failure of the inmate to give timely notice of the deadline.
1. through 4. No change.
(g) through (h) No change.
(4) Law Library Access for Inmates in Administrative Confinement, Disciplinary Confinement, Close Management, Protective Management, on Death Row, and in Medical or Mental Health Units.
(a) Inmates in administrative confinement, disciplinary confinement, and close management shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, to have the law library deliver legal materials to their cells, and, as provided in paragraphs (3)(e) and (3)(f), to visit with inmate law clerks. Efforts shall be made to accommodate the research needs of inmates who have filing deadlines imposed by law, court rule or court order in legal proceedings challenging convictions, sentences or prison conditions.
1. through 2. No change.
(b) Inmates in mental health units shall be provided access to the law library and provided opportunities to visit with inmate law clerks. These inmates shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, and to have the law library deliver legal materials to their cells. These inmates may request legal assistance by submitting Form DC6-236, Inmate Request, to the law library supervisor or by making an oral request for legal assistance to the security or mental health staff working in the unit. Security and mental health staff shall relay oral requests for legal assistance to the law library supervisor. Upon receipt of a request, the law library supervisor shall arrange for an inmate law clerk to visit the inmate. Efforts shall be made to accommodate the research needs of inmates who have filing deadlines imposed by law, court rule or court order in legal proceedings challenging convictions, sentences or prison conditions.
(c) Inmates in protective management shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, and to have the law library deliver legal materials to their cells. Inmates in protective management shall have access to the law library, to include access to at least 1 inmate law clerk, during evening or other hours when general population inmates are not present. If security reasons prevent a visit to the law library, access shall be provided through visits with inmate law clerk or by means of correspondence. Efforts shall be made to accommodate the research needs of inmates who have filing deadlines imposed by law, court rule or court order in legal proceedings challenging convictions, sentences or prison conditions.
(d) Inmates on death row shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, to have the law library deliver legal materials to the inmate’s cell, and to visit with inmate law clerks. Inmates on death row who have filing deadlines imposed by law, court rule or court order, in legal proceedings challenging convictions, sentences, or prison conditions, shall be permitted to visit the unit’s law library at least once per week for up to two hours if the law library has research cells and if security requirements permit it. If security requirements prevent a personal visit to the law library, the inmate shall be required to secure legal assistance through visits with inmate law clerks or by means of correspondence.
(e) No change.
(f) Inmates shall be limited to possession of no more than 15 research items from the law library. Research items shall be loaned for a maximum of 21 days. Inmates who fail to return If research items are not returned to the law library within 21 days, then the inmate’s privilege to borrow research items from the law library shall be subject to disciplinary action as provided in Rules 33-601.301-.314, F.A.C suspended until the material is returned. Institutions shall also limit the accumulation of research materials when possession of same in an inmate's cell creates a safety, sanitation or security hazard.
(5) Major, and minor and starter collection law libraries.
(a) Major or minor collection law libraries shall be established at all institutions and satellite correctional facilities housing more than 500 400 inmates. Starter collection law libraries shall be established at institutions and satellite correctional facilities housing less than 400 inmates and located 50 or more miles from the main unit of the institution or other institutions with major or minor law library collections. In determining whether a major collection shall be established at an institution, consideration shall be given to the following factors:
1. through 5. No change.
(b) Major and minor collection law libraries shall maintain current copies of the following departmental rules and regulations:
1. No change.
2. Department of Corrections Procedures and Policy and Procedure Directives, except those that the Office of the Secretary has directed be withheld from inspection by inmates for security reasons.;
3. Institutional operating procedures, except those that the Office of the Secretary or the regional director has directed be withheld from inspection by inmates for security reasons. No law library collection shall include departmental or institutional emergency plans, security post orders, or departmental operations manuals.
(c) Major, and minor and starter collections shall be maintained in a current condition by annual subscription service. The library services administrator shall be responsible for ensuring that all legal collections are current and complete.
(d) No change.
(e) The contents of legal collections shall be reviewed annually by the library services administrator to ensure continued compliance with applicable federal and state laws and American Correctional Association standards. When the library services administrator believes that titles need to be added or deleted from the collections, he or she shall make such recommendation to the chief of the bureau of institutional programs. If the recommendation is approved, the material shall be ordered and placed in the appropriate law library collections.
(f) Requests for the addition or deletion of titles in major, and minor, and starter law library collections shall be submitted in writing to the library services administrator in the central office. The library services administrator shall review all requests and make a recommendation to the chief of the bureau of institutional programs. Requests shall be reviewed according to the material's primary research value and whether it substantively provides additional information, or merely duplicates what is in the current collection. If the recommendation is approved, the materials shall be ordered and placed in the appropriate law library collections.
(g) No change.
(6) Interlibrary loan services for law libraries.
(a) Major collection law libraries shall provide research assistance to minor and starter collection libraries and to inmates housed at satellite correctional facilities without law libraries. On receipt of Form DC5-152, Law Library Interlibrary Loan Request, the law library supervisor shall immediately assign an inmate law clerk to provide legal assistance. Form DC5-152 is incorporated by reference in subsection (11) of this rule. All assistance that can be provided through use of that institution's major collection shall be completed within 3 working days of receipt, not including the day of receipt, except where the request requires the researching of complex or multiple legal issues or is so broad in scope that work can not be initiated without further information from the requesting inmate.
(b) No change.
(c) Inmates at satellite correctional facilities without starter collection law libraries, who need access to legal materials in major or minor collection law libraries, shall submit Form DC5-152, Law Library Interlibrary Loan Request, or Form DC6-236, Inmate Request, to the law library supervisor at the main unit of the institution. The law library supervisor shall review the request to determine whether it can be completed by that institution’s law library.
1. If the law library has the information that the inmate has requested, the request shall be completed and returned to the inmate within three working days of receipt, not including the day of receipt, except when the request requires the researching of complex or multiple legal issues or is so broad in scope that work cannot be initiated without further information from the requesting inmate. The law library supervisor shall provide a copy of Form DC5-152, Law Library Interlibrary Loan Request, and the requested material to the inmate.
2. No change.
(d) Inmate requests to secure law materials not in the department’s major collection libraries shall be submitted to the library services administrator for review and approval. Only requests for primary source materials, such as statutes, rules, and court decisions, that relate to state post-conviction and post-sentence remedies, federal habeas corpus, or the rights of prisoners, shall be approved.
1. Inmates needing such materials are to submit Form DC5-152, Law Library Interlibrary Loan Request, to the institution’s law library supervisor. Form DC5-152, Law Library Interlibrary Loan Request, is to include the full and complete citation of the material needed, and a written justification on why the material is needed to litigate any of the above types of actions. If any deadlines apply, the date of the deadline is to be noted on Form DC5-152, Law Library Interlibrary Loan Request. The law library supervisor is then to forward the request to the library services administrator in the central office. The correct mailing address is: Department of Corrections, Attention: Library Services,
2. No change.
(e) Inmates with deadlines imposed by law, court rule or court order in legal proceedings challenging convictions and sentences or prison conditions shall be given priority in the handling of interlibrary loan requests, and such requests shall be submitted separately from requests not involving deadlines.
(f) through (g) No change.
(7) Use of inmates as clerks in law libraries.
(a) through (b) No change.
(c) Inmate law clerks: major and minor collection law libraries shall be assigned inmates as inmate law clerks to assist inmates in the research and use of the law library collection, and in the drafting of legal documents, and legal mail associated with the filing of post-conviction petitions or civil rights actions filed in the state or federal courts, administrative actions filed with the Florida Parole Commission, the Florida Bar, and other administrative bodies, and inmate grievances filed with the Department of Corrections. A minimum of 2 inmate law clerks shall be assigned to major and minor collection law libraries in adult institutions, and a minimum of 1 inmate law clerk shall be assigned to minor collection law libraries in youthful offender institutions. Institutions shall assign additional inmate law clerks to the law library as needed to ensure that illiterate and impaired inmates are provided research assistance.
(d) Qualifications. Inmate law clerks shall:
1. through 4. No change.
(e) Law clerk training program. Central office library services shall develop a training program to provide inmates who work in law libraries with knowledge of legal research and writing, use of specific legal research materials, the law and rules of criminal law and post-conviction remedies, prisoners’ civil rights, and other subject matter identified as necessary for an inmate law clerk to provide meaningful assistance to inmates.
1. Successful completion of the law clerk training program shall be evidenced by attendance at the law clerk training seminar, completion of all writing assignments and practice exercises included as part of the law clerk training seminar, and receipt of a passing score on the law clerk training seminar's final examination.
2. Inmates who successfully complete the law clerk training program seminar shall be given a certificate by central office library services documenting successful completion of the program, and a notation shall be recorded in the department’s offender database.
(f) Central office library services shall be responsible for the scheduling of law clerk training programs. When training programs are scheduled, institutions shall be notified of the upcoming training, and requested to identify inmates in need of training. The library services administrator shall review the requests and verify that the inmates satisfy the minimum qualifications established in paragraph (7)(d); only inmates who meet the minimum qualifications shall be accepted for training. No inmate shall attend the law clerk training program unless his or her participation has been approved by the library services administrator. Central office library services shall arrange for the temporary transfer of the approved inmate participants to the institution where the seminar is to be conducted.
(f)(g) Inmates, who have prior educational or work experience in the law, or who possess current knowledge of the law, knowledge of legal research materials and how to use them, may be certified by the office of library services without having to complete the attend a law clerk training program seminar. Admissible educational achievements or work experiences include:
1. through 4. No change.
(g)(h) At the time of an inmate’s assignment to work in the law library, the law library supervisor shall advise the inmate that he or she is not to disclose any information about an inmate’s legal case to other inmates.
(h)(i) The law library supervisor shall immediately remove an inmate law clerk from his or her work assignment in the law library upon demonstration that the inmate law clerk is incompetent. Central office library services shall also have the authority to order the removal of an inmate law clerk from his or her work assignment in the law library for incompetence.
(i)(j) Prohibited conduct: Inmate law clerk. Violation of any of the provisions of this section shall result in the immediate removal of the inmate law clerk from his or her work assignment in the law library, and disciplinary action pursuant to Rules 33-601.301-601.314, F.A.C. The library services administrator will be informed whenever an institution removes an inmate law clerk from the law library for any of the following reasons.
1. through 3. No change.
4. Inmate law clerks shall not use department or institution letterhead stationery stationary or memoranda to prepare personal letters or legal documents;
5. through 6. No change.
7. Inmate law clerks shall not conduct legal research or prepare legal documents for staff; and,
8. Inmate law clerks shall not use department-owned typewriters, word processors, personal computers, or like equipment to prepare legal documents and legal mail; and
8.9. Inmate law clerks shall not display an unwillingness to work and cooperate with others or refuse or fail to perform the general duties of that work assignment. Such conduct shall be defined as a failure to follow departmental rules and procedures relating to law library program operations, or violation of the rules of prohibited conduct, Rule 33-601.314, F.A.C., while in the law library or performing work-related tasks.
(j)(k) Upon receipt of notice that an inmate law clerk has been found guilty of a disciplinary infraction concerning violation of any of the provisions of subsection paragraph (7)(j), the library services administrator will review the matter to determine whether the inmate’s law clerk certificate should be revoked. The determination as to whether the inmate’s certificate shall be revoked shall be based on a consideration of the following factors: the findings of the disciplinary report; discussions with institution staff about the infraction; a record of prior counseling or disciplinary action for violation of the provisions of subsection paragraph (7)(j); a record of multiple violations of the provisions of subsection paragraph (7)(j); and a determination that the violations of subsection paragraph (7)(j) were intentional rather than inadvertent. If the library services administrator determines that revocation is warranted, the inmate’s law clerk training certificate shall be revoked and his or her certificate entry will be deleted from the offender database.
(k)(l) No action shall be taken against an inmate law clerk for assisting, preparing, or submitting legal documents to the courts or administrative bodies, to include complaints against the department or staff. Good faith use or good faith participation in the administrative or judicial process shall not result in formal or informal reprisal against the inmate law clerk.
(l)(m) An inmate law clerk who wishes to correspond in writing with inmate law clerks at other institutions regarding legal matters shall be required to obtain prior approval from the warden at his or her institution. The approved correspondence shall be mailed through institution mail from law library supervisor to law library supervisor.
(m)(n) Inmate law clerks shall give all work files to inmates who are being transferred or released. If the inmate law clerk is unable to give the inmate the file prior to transfer, he or she shall give it to the law library supervisor. As soon as the inmate's destination is known, the law library supervisor shall forward the file to the law library supervisor or other designated employee at the inmate's new location for forwarding to the inmate. Work files for inmates who have escaped, died, or been released shall be handled in accordance with Rule subsection 33-602.201(10), F.A.C.
(n)(o) The law library supervisor at the institution from which an inmate is transferred may authorize an inmate law clerk at that institution to continue assistance to the transferred inmate on a pending matter if the inmate’s new institution or facility does not have a major or minor collection law library and the inmate requests continued assistance in writing.
(o)(p) Central office library services shall suspend the law clerk certificate of an inmate when 4 years have passed since he or she worked in a law library as an inmate law clerk. Whenever a law clerk certificate is suspended, central office library services shall remove the certificate entry from the offender database. Central office library services shall reinstate the law clerk certificate if the inmate demonstrates, through successful completion of a written examination, that he or she still possesses current knowledge of the law, knowledge of legal research materials and how to use them, and can communicate effectively in writing.
(p)(q) Inmate law clerks must secure prior, written approval from the law library supervisor, on Form DC5-153, Personal Legal Papers Authorization, to retain their own or another inmate’s personal legal papers in the law library. Form DC5-153 is incorporated by reference in subsection (11) of this rule. At a minimum, the following information shall documented on Form DC5-153: the committed name and DC number of the inmate who owns the papers; a list of all documents and papers to be retained in the law library and the number of pages for each; and, the committed name and dc number of the inmate law clerk who is assisting the inmate. The inmate shall then sign and date the form and submit it to the law library supervisor for approval. If the law library supervisor approves the request, he or she shall sign the form and enter the date when the personal legal papers must be removed from the law library. Inmates who do not remove their personal legal papers from the law library by that date shall be subject to formal disciplinary action as provided in Rules 33-6012.301-.314, F.A.C.
1. through 2. No change.
(q)(r) Inmate law clerks shall not be permitted to conduct legal research or prepare legal documents and legal mail on personal legal matters during work hours unless:
1. The inmate law clerk has a legal deadline imposed by law, court rule, or court order to prepare legal documents in legal proceedings challenging convictions, sentences or prison conditions, and qualifies for priority access as provided in paragraph (3)(f); or,
2. No change.
(8) Circulation and control of legal materials.
(a) through (c) No change.
(9) Grievance and Court Forms.
(a) No change.
(b) Major and minor collection law libraries shall provide inmates access to court-approved forms needed to file Rule 3.800 and Rule 3.850, Florida Rules of Criminal Procedure, post-conviction relief petitions with the
(10) No change.
(11) Forms. The following forms are hereby incorporated by reference. A copy of any of these forms is available from the Forms Control Administrator, Office of Research, Planning and Support Services,
(a) Form DC5-152, Law Library Interlibrary Loan Request, effective ________12-23-03.
(b) No change.
Specific Authority 944.09, 944.11 FS. Law Implemented 20.315, 944.09, 944.11 FS. History–New 4-6-93, Amended 7-3-94, 11-2-94, 4-28-96, 9-30-96, 11-7-97, 12-7-97, Formerly 33-3.0055, Amended 2-15-01, 11-4-01, 12-23-03,________.