SOP 215.15: Resident Legal Access

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Resident Legal Access|Policy Name: Resident Legal Access|Policy Name: Resident Legal Access|
|Policy Number: 215.15|Effective Date: 9/18/2019|Page Number: 1 of 3|
|Authority:
Commissioner
|Originating Division:
Facilities Division
(Transitional Centers)
|Access Listing:
Level II: Required Offender
Access
|

I. Introduction and Summary:

It is the policy of the Georgia Department of Corrections (GDC) that Transitional
Center (TC) residents be provided meaningful access to the courts and access to a
library for legal research.

II. Authority:

A. U.S. Code: 42 U.S.C. § 1983;

B. O.C.G.A.: § 9-10-14;

C. GDC Board Rule: 125-3-3-.03;

D. GDC Standard Operating Procedures (SOPS): 227.03, Access to Courts; 227.06,

Offender Receipt of Mail; and

E. ACA Standard: 4-ACRS-6A-02.

III. Definitions: None.

IV. Statement of Policy and Applicable Procedures:

A. Library Access. The TC will arrange for resident access to a nearby community

library or GDC reference library. Depending on the requirements of the library,
this access will be granted either through special passes that allow the unescorted
resident to visit the library or by staff-escorted visits.

1. Passes issued to residents for this purpose will not be dependent upon criteria

utilized by general passes but are based solely on need. Until eligible for
pass, TC work-release residents will be escorted to a GDC reference library
at a GDC prison. Once eligible for pass, work-release residents may take a
pass to use a local library for legal research. TC maintenance residents will
always be escorted to a GDC reference library at a GDC prison.

2. Residents will be required to submit a written request to the Superintendent at

the beginning of the week in which library access is requested.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Resident Legal Access|Policy Name: Resident Legal Access|Policy Name: Resident Legal Access|
|Policy Number: 215.15|Effective Date: 9/18/2019|Page Number: 2 of 3|
|Authority:
Commissioner
|Originating Division:
Facilities Division
(Transitional Centers)
|Access Listing:
Level II: Required Offender
Access
|

3. The TC will insure that at least two (2) hours per week of actual library time

is provided to those who have requested to utilize the local community
library or GDC reference library. Should residents have demonstrable need
for additional time, it will be the resident's responsibility to notify the TC in
advance. The TC will consider the needs of the resident and make every
effort to provide reasonable additional time, limited only by staff supervision
availability, the efficient and orderly operation of the facility, and limitations
imposed by the host library. The resident's work and program schedule may
be considered but, if necessary, the resident should be excused from a
reasonable portion of the schedule to allow access to the local library or GDC
reference library.

4. It will be the resident's responsibility to make arrangements with his or her

employer, if necessary, for time off work to visit the library. (The resident
will be made aware that the TC has no control over employers and that policy
in this area is within the sole province of the individual employer.)

B. Consultation With Attorneys. Residents may be granted special passes to visit

their attorney of record or another licensed attorney with whom the resident is
attempting to establish an attorney-client relationship or an approved designee of
such attorney. Passes issued to residents for this purpose will not be dependent
upon criteria utilized for general passes, but are based solely on need. Until
eligible for pass, a TC work-release resident will only be allowed confidential
visits on-site with his or her attorney. After becoming eligible for general pass, a
TC work-release resident may take pass to visit offsite with an attorney. A TC
maintenance resident shall not receive a pass to meet with an attorney off TC
property but will be allowed confidential visits on-site. Arrangements for visits
by such attorneys or designees to the TC during prescribed visiting hours or other
approved hours will be made through the Superintendent's office. Arrangements
for phone calls from an attorney will be coordinated through the Superintendent's
office. Residents may call attorneys or designees as needed. Such calls may not
be restricted as a disciplinary measure.

C. Legal and Privileged Mail. Legal and privileged mail will be managed according

to GDC Board Rule 125-3-3-.03 and GDC SOP 227.06, Offender Receipt of
Mail. Legal and privileged mail cannot be restricted.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Resident Legal Access|Policy Name: Resident Legal Access|Policy Name: Resident Legal Access|
|Policy Number: 215.15|Effective Date: 9/18/2019|Page Number: 3 of 3|
|Authority:
Commissioner
|Originating Division:
Facilities Division
(Transitional Centers)
|Access Listing:
Level II: Required Offender
Access
|

D. Possession and Preparation of Legal Materials. Residents may possess legal

materials in their living areas to the extent that they do not, in combination with
other personal property, present a fire, sanitation, security, or housekeeping
problem. This policy concerning the possession of legal materials does not in any
way allow the keeping of additional personal property beyond that allowed under
department rules. A resident may not possess the legal materials (including
transcripts, pleadings, briefs, law books, and any other legal material) of another
resident at any time. Such possessions will subject the resident to a disciplinary
report and confiscation of these legal materials and their return to the owner.
Residents may assist other residents in the preparation of legal documents and
legal mail. However, no payment or consideration may be given or received, and
such activity may be the subject of disciplinary action. Residents, who would not
in the ordinary course of TC activity come in contact with other residents, will
not be allowed additional contact for legal assistance. Residents will be allowed
to use the designated TC areas or their living area during prescribed times to
pursue legal matters. Time limitations are bound only by normal center function
and routine such as work hours, lights out time, count times, etc. The TC will
retain the right to reasonably restrict use of the designated areas to insure
effective use by all residents.

E. Notary Service and Legal Forms. The TC will provide free notary service to

residents. Additionally, the TC shall make available a supply of state and federal
habeas corpus forms, state inmate action forms as provided in O.C.G.A. § 9-1014, and a supply of pleading forms as provided in 42 U.S.C. § 1983. Residents
are to be advised as to how to request these services/forms during orientation and
in the resident handbook.

V. Attachments: None.

VI. Record Retention of Forms Relevant to this Policy: None.