4890 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules and Regulations

1Several 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.

DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 543 and 553

[BOP 1063–F]

RIN 1120–AA58

Inmate Legal Activities and Inmate

Personal Property

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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 § 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 § 543.11(a), a revised

definition of legal materials in the

introductory text of § 543.11(d), a

restatement of the provisions for receipt,

purchase, and retention of legal

materials in § 543.11(d)(1) and (2), and

a clarification to the provisions in

§ 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

§ 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
Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules and Regulations 4891

must wait for approval to be granted is

incorrect.

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 § 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 § 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 § 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 § 543.11(d) defines the legal
4892 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules and Regulations

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 nonpublished 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
Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules and Regulations 4893

enforcing this regulation or any of its

regulations).

Some commenters offered alternatives

for consideration. One commenter

recommended that paragraph (f)(2) in

§ 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 § 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 § 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 § 543.11, paragraphs (a), (d), and

(f) are revised, and paragraph (h) is

amended by revising the last sentence to

read as follows:

§ 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
4894 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules and Regulations

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 § 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 § 553.11, paragraph (d) is revised

to read as follows:

§ 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 § 543.11 of

this chapter).

* * * * *

[FR Doc. 97–2624 Filed 1–30–97; 8:45 am]

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