Inmate Legal Activities and Inmate Personal Property

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.

---------------------------------------------------------------------------

\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.

---------------------------------------------------------------------------

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