SOP_NUMBER: 227.03
TITLE: Access to Courts
REFERENCE_CODE: IIA14-0001
DIVISION: Facilities Division
TOPIC_AREA: 227 Policy-Facilities Conditions of Confinement
EFFECTIVE_DATE: 2020-06-30
WORD_COUNT: 2712
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105712
URL: https://gps.press/sop-data/227.03/

SUMMARY:
This policy establishes requirements for the Georgia Department of Corrections to provide inmates meaningful access to the courts for criminal appeals, habeas corpus petitions, sentencing issues, and conditions of confinement cases. It ensures inmates have access to legal materials, electronic law libraries, reference libraries, and necessary legal forms at no cost. The policy applies to all offenders incarcerated in state prisons, probation detention centers, probation boot camps, and county institutions.

KEY_TOPICS: access to courts, legal access, habeas corpus, criminal appeals, inmate legal rights, law library, electronic law library, legal forms, legal materials, reference library, conditions of confinement, court access, meaningful access, legal documents, inmate litigation

ATTACHMENTS:
  1. Offender Reference Library Collection
     URL: https://gps.press/sop-data/227.03-att-1/
  2. Offender Reference Library Sign In Sheet
     URL: https://gps.press/sop-data/227.03-att-2/
  3. Offender Reference Library Daily Log Sheet
     URL: https://gps.press/sop-data/227.03-att-3/
  4. Legal Library Computer Log Sheet
     URL: https://gps.press/sop-data/227.03-att-4/

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FULL TEXT:
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|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|
|**Policy Number:** 227.03|**Effective Date:** 6/30/2020|**Page Number:** 1 of 10|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Facilities Division<br>|**Access Listing:**<br>Level II: Required Offender<br>Access|


**I.** **Introduction and Summary:**







This policy supports departmental goals by establishing requirements to ensure
offenders are provided with meaningful access to the courts for their criminal appeals,
habeas, sentencing issues, and conditions of confinement cases.

**II.** **Authority:**

A. Georgia Department of Corrections(GDC) Board Rule: 125-2-4-.17;

B. GDC Standard Operating Procedures (SOPs): 215.15 Transitional Center Resident

Legal Access, 227.06 Offender Receipt of Mail, 406.19 Offender Financial
Transactions and Business Activities, 227.01 Offender Access to Telephones, and
227.05 Visitation of Offenders, 501.01 Library Services Administration; and

C. ACA Standards: 2-CO-3C-01, 5-ACI-4A-22 (ref. 4-4268), 5-ACI-3D-01 (ref. 4
4274), 5-ACI-3D-02 (ref. 4-4275), 5-ACI-3D-03 (ref. 4-4276), 5-ACI-3D-05 (ref.
4-4278), 5-ACI-7E-01 (ref. 4-4505), 5-ACI-7E-06 (ref. 4-4510), 4-ALDF-6A-01,
4-ALDF-6A-02, 4-ALDF-6A-03, and 4-ACRS-6A-01.

**III.** **Definitions:** None.

**IV.** **Statement of Policy and Applicable Procedures:**

A. Purpose:


The Georgia Department of Corrections (GDC) shall provide state offenders
incarcerated in prisons, probation detention centers, probation boot camps, and
county institutions with meaningful access to the courts solely for their criminal
appeals, habeas, sentencing issues, and conditions of confinement cases.

B. Access to Materials:

Paper, envelopes, pens and carbon paper for the preparation of legal documents


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
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|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|
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|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Facilities Division<br>|**Access Listing:**<br>Level II: Required Offender<br>Access|



and mail shall be available in the offender commissaries of each facility/center.
Indigent materials shall be provided per SOP 406.19 Offender Financial
Transactions and Business Activities.

C. Access to the Electronic Law Library:


1. Offenders must be placed on a call-out to be scheduled for the electronic law

library. Each offender must submit a written request to the Librarian or staff
member responsible for the electronic law library to obtain a slot of time.

2. The Librarian shall schedule offenders to use the electronic law library. The

Librarian will determine the amount of time that each offender receives based
on the number of computers and the number of offenders requesting access.
Each requesting offender shall receive at least 30 minutes of access to the
electronic law library.

3. The Librarian or the person responsible for the electronic law library shall

record on Attachment 4, Legal Library Computer Log Sheet, the amount of
time for which the offender will receive access to the electronic law library.

4. No offender will be allowed to utilize the printed legal collection while using

the electronic law library.

5. Once the Librarian places the allotted time on Attachment 4, Legal Library

Computer Log Sheet, the offender shall record the date, offender name,
offender ID, and the start time of the offender’s computer access. When the
allotted time has expired, the offender shall sign-out on the computer log and
the Librarian shall assign the next offender to the electronic law library.

6. Printed material from the electronic law library shall be available only to those

offenders who are locked down in accordance with this SOP.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
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|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|
|**Policy Number:** 227.03|**Effective Date:** 6/30/2020|**Page Number:** 3 of 10|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Facilities Division<br>|**Access Listing:**<br>Level II: Required Offender<br>Access|



7. The Librarian or the person responsible for the electronic law library shall load

updated computer software onto the computers within two (2) days of its
receipt from the vendor.

8. The Librarian, designee, or the offender reference library clerk shall assist

offenders in using the electronic law library.

9. The electronic law library is for the benefit of the offender population only.

D. Offender Reference Libraries:


1. Contents of the Offender Reference Libraries are to be determined by the GDC

Office of Legal Services and reviewed annually.

2. Written legal materials for which publishers provide updates, but for which the

facility does not acquire updates (e.g. reporters), shall be labeled as follows:


"This legal volume may not contain the most current legal
material. It should be consulted only for general reference or for
historical purposes, not for the establishment of the current
standing of any legal question."


3. Each facility covered by this SOP shall provide a supply of state and federal

habeas corpus forms, a supply of pleading forms under 42 USC § 1983, a
supply of state inmate action forms as provided in OCGA § 9-10-14, a supply
of application for leave to file second or successive habeas corpus petition
forms under 28 USC § 2244(b), and a supply of application for leave to file
second or successive motion to vacate, set aside, or correct sentence forms
under 28 USC § 2255.


a. Copies of the forms, not to exceed five (5) copies of each form per month

per offender, shall be provided free of charge to offenders.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
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|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|
|**Policy Number:** 227.03|**Effective Date:** 6/30/2020|**Page Number:** 4 of 10|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Facilities Division<br>|**Access Listing:**<br>Level II: Required Offender<br>Access|



b. Each reference library shall post the address of the clerks of each of the

three federal district courts of Georgia for offenders to request additional
copies of forms provided pursuant to 42 USC § 1983. Each reference
library shall maintain a current address listing of appropriate clerks of
court.


4. No reference library will furnish printed copies, photocopies, typewriters, or a

typing service to offenders, except as provided in this SOP for locked down
offenders.

5. Reference libraries maintained at prisons shall be open and available for

offender use a minimum of 20 hours per week, exclusive of meals, counts, etc.
The reference libraries at probation detention centers and county institutions
will be made available to each requesting offender for a minimum of two (2)
hours per week.


a. Reference library access shall not conflict with mandatory facility

schedules such as work, meals, and sick calls, except as provided in this
SOP.

b. Library hours will be shortened or cancelled only in the event of an

emergency.

c. Offenders may request two (2) hours of reference library time per week.

An offender who is subject to a court-determined or statutory deadline may
request four (4) hours of additional library time per week up to thirty days
prior to the deadline. Such request must include verification from the court
in the form of a letter or order, or the citation by the offender of a published
rule or statute imposing a deadline including an applicable statute of
limitation. This additional time is a privilege and not a right. If additional
time is granted and an offender’s work or program schedule does not permit
additional reference library time, the offender shall be excused from said


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
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|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|
|**Policy Number:** 227.03|**Effective Date:** 6/30/2020|**Page Number:** 5 of 10|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Facilities Division<br>|**Access Listing:**<br>Level II: Required Offender<br>Access|



schedule during the period necessary to allow access to the reference
library.


6. Offenders must provide a written request to the Librarian to be scheduled for

reference library time. The Librarian must date stamp the request form on the
date it is received. From the date of receipt of the request the offender shall be
scheduled his/her reference library time within seven (7) calendar days.

7. Procedures for offenders to request law books and materials:


a. Not more than two (2) items may be signed out by an offender at any given

time. Offenders who are using the electronic law library will not be allowed
to checkout law books until they complete their research on the electronic
law library.

b. An offender must sign for each item checked out from the legal reference

collections.

c. Reference Library staff members, GDC staff members, and offender

library clerks shall not provide legal advice. Their assistance is limited to
the following:


1) Informing offenders of the contents of the library;

2) Explaining the procedures for conducting legal research;

3) Explaining rules and procedures for the use of the legal materials;

4) Assisting offenders in locating specific items of information or cases

by citation; and

5) Obtaining assistance for offenders who are illiterate, cannot read

English, or have other special needs.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
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|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|
|**Policy Number:** 227.03|**Effective Date:** 6/30/2020|**Page Number:** 6 of 10|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Facilities Division<br>|**Access Listing:**<br>Level II: Required Offender<br>Access|



E. Offenders Confined to Living Areas:


1. The Warden/Superintendent of each facility subject to this SOP shall establish

procedures to provide access to reference library materials for offenders who
are confined to living areas. Notice of this procedure will be given during
orientation to the facility or upon transfer of the offender to the confined area.

2. Offenders in these areas, including lockdown, shall have access to the prison’s

reference library by book cart delivery, photocopies, and/or scheduled
reference library visits. If a book cart is used, it will be scheduled twice a week
for each unit in which it is used unless there are no requests.

3. The reference library shall provide each of these areas with a complete list and

brief description of all materials in the reference library for the use of offenders
confined to said areas.

4. Prisons that maintain lock down units of over 150 beds, where direct access to

the prison’s reference library is not ordinarily provided, will maintain a satellite
reference library.

5. Offenders in lock down units will be provided access to the satellite reference

libraries according to local operating procedures established pursuant to this
Standard Operating Procedure.

F. GDC may Provide for Direction, Coordination, Staffing, and Funding of Reference

Libraries:


1. The Librarian shall be responsible for:


a. Supervising offender reference library clerks;

b. Maintaining daily logs of reference library use;


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|
|**Policy Number:** 227.03|**Effective Date:** 6/30/2020|**Page Number:** 7 of 10|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Facilities Division<br>|**Access Listing:**<br>Level II: Required Offender<br>Access|



c. Scheduling offenders for reference library use;

d. Maintaining an inventory of all legal materials; and

e. providing for a procedure to log in all legal materials and maintaining a

record of all items in the collection.

2. Reference library materials shall not be removed from the reference library

unless the Librarian assigns the material to a book cart.

3. A sign providing the following warning shall be conspicuously posted in each

reference library:


**“WARNING”**

**NOTE:** If an offender files a lawsuit and it is deemed frivolous, the court,
whether state or federal, can demand costs against the offender which will be
deducted from the offender account or from any other property the offender
now owns or may acquire in the future.

4. The Warden or his designee shall select the offender reference clerks at the

facility. The Warden or his designee may change this work assignment at any
time for any reason.


a. The Warden or his designee shall adhere to the following guidelines in the

selection of offender reference library clerks:

1) The offender should be able to comprehend information, aid other

offenders in research, and assist the Librarian in operating the reference
library;


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|
|**Policy Number:** 227.03|**Effective Date:** 6/30/2020|**Page Number:** 8 of 10|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Facilities Division<br>|**Access Listing:**<br>Level II: Required Offender<br>Access|



2) The offender must be a highly motivated, productive, and reliable

person;

3) The offender should work well with other offenders and supervisors;

4) The offender should have a high school diploma or GED certificate;

and

5) Preference shall be shown to offenders who are fluent in more than one

language.

b. Offender reference library clerks shall respond to questions posed by

offenders but are not permitted to give legal advice. Offenders who provide
legal advice to other offenders are not acceptable as offender reference
library clerks.

5. The Librarian shall report directly to the Warden regarding the operation of the

reference library. The Warden shall designate substitute reference library
personnel to act as the Librarian in his/her absence.

6. Facilities which maintain a reference library shall maintain it in a secure and

orderly manner. Direct access to these books shall be limited to library staff
members and offender reference library clerks.

7. Destruction, alteration, theft, or mutilation of legal materials or cases is

destruction of state property which may result in criminal prosecution and/or a
disciplinary report and restitution by the offender. The Librarian shall
implement necessary reports on the destruction of legal materials by offenders.

8. An offender who has been the subject of a disciplinary report for misconduct

in connection with use of the reference library or library materials may be
denied access to the reference library or library materials for a reasonable
period of time.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|
|**Policy Number:** 227.03|**Effective Date:** 6/30/2020|**Page Number:** 9 of 10|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Facilities Division<br>|**Access Listing:**<br>Level II: Required Offender<br>Access|



G. Possession of Legal Materials and Regulation of Legal Assistance by Offenders:


1. Offenders may possess legal materials in their living areas (including law

books purchased by the offender) to the extent said materials do not, in
combination with other personal property, create a fire, sanitation, security, or
housekeeping problem. This procedure concerning the possession of legal
materials does not in any way allow the keeping of additional personal property
beyond that allowed under GDC rules.

2. GDC expressly allows offenders to assist other offenders in conducting legal

research and preparing cases. However, this assistance will be limited by the
following:


a. Such assistance shall be performed in appropriate common areas;

b. Offenders shall not possess the legal materials of other offenders. Any

offender found to be in possession of another offender’s legal materials
will receive a disciplinary report and the materials will be returned to their
owner;

c. Offenders shall not receive consideration of any kind (money, store goods,

or otherwise) for their assistance;

d. Administration shall not adjust offender schedules or assignments to allow

offenders to assist one another;

e. Administration shall not allow an offender extra time in the reference

library to assist other offenders; and

f. Administration shall restrict offender assistance if there is a threat to the

security and/or discipline of the facility.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|**Policy Name:**Access to Courts|
|**Policy Number:** 227.03|**Effective Date:** 6/30/2020|**Page Number:** 10 of 10|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Facilities Division<br>|**Access Listing:**<br>Level II: Required Offender<br>Access|



H. Offender request for GDC Policy or Procedure:


1. All facilities subject to this SOP with a reference library shall maintain the

following in the reference library:

a. Rules of the Board of Corrections;

b. SOPs with a Level II (Required Offender Access) listing; and

c. Requests for other GDC SOPs and LOPs shall be considered on a case by

case basis. Such SOPs will be provided to the offender where they do not
threaten the safety, security, or discipline of the institution. If there are any
questions regarding which procedures are appropriate to provide to an
offender, please contact the GDC Office of Legal Services.

I. Notary Services:


The Librarian shall obtain and maintain a Notary Public commission and shall
provide notary services to offenders in the reference library and locked down units.
Each time an item is notarized, the date, offender name, and offender ID number
shall be recorded in the notary log.

**V.** **Attachments:**

Attachment 1: Offender Reference Library Collection
Attachment 2: Offender Reference Library Sign-In Sheet
Attachment 3: Offender Reference Library Daily Log
Attachment 4: Legal Library Computer Log Sheet

**VI.** **Record Retention of Forms Relevant to this Policy:**

Attachment 1 shall be maintained until revised or obsolete. Upon completion,
Attachments 2, 3, and 4 shall be retained locally for three (3) years then destroyed.