TEXAS DEPARTMENT OF CRIMINAL JUSTICE - DOC by 39Fxi9

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									                                    Texas Department of Criminal Justice
                                        CID – Management Operations
                                 Correctional Training and Staff Development



                                                      FY 2010
Program Title:                     Pre-Service Training

Subject Title:                     Access to Courts                             Subject Code:

Proponent:                         Frank Hoke

Date:                              September 01, 2009               Revision:

Technical Approval
Signature:                                                                           Technical Approval Date:

Timeframe:                                                           Target Population:
Total:  2:00            Hours:     2:00       Min:        0:00       Pre-Service participants
Performance Objectives:

1.   Explain the purpose of the Offender Access to Courts, Counsel, and Public Officials Rules.
2.   Identify those responsible for implementing rules on the unit.
3.   Define Agency policy as it applies to access to courts.
4.   Describe issues offenders may present in court.
5.   Explain rules involving access to courts.
Participant Materials:
Student Study Guide
Handout

Evaluation Procedures:

Written Examination

Training Aids/Instructor Materials:                                        References:
                                                                           AD-03.72 (Rev. 5) Offender Property
No PowerPoint                                                              BP-03.85 (Rev. 1) Offender Visitation
No Video                                                                   BP-03.81 (Rev. 1) Offender Access to Courts, Counsel,
                                                                              and Public Officials Rules
                                                                           AD-07.90 (Rev. 5) Correspondence, Supplies, and Postage
                                                                              for Offenders
                                                                           AD-14.62 (Rev. 4) Guidelines for handling Offender
                                                                              Fimds/Accounts and Transactions
                                                                           TDCJ Offender Handbook
I.     INTRODUCTION

       We all need to take great pride that we live in a country that even recognizes the rights of
       our convicted criminal. There is an old adage that we are all just one bad decision away
       from being incarcerated. In the last few years we have watched television and witnessed
       DNA free innocent people from prison. This is where Access to Courts comes into play.
       Offenders are guaranteed their day in court even when it is beyond their present conviction.
       In this block of instruction we will discuss these rights as well as how it pertains to the
       Texas Department of Criminal Justice.

Instructor Note: Review performance objectives.

       Performance Objectives

       1.       Explain the purpose for the Offender Access to Courts, Counsel, and Public
                Officials Rules.

       2.       Identify those responsible for implementing rules on the unit.

       3.       Define TDCJ Policy as it applies to Access to Courts.

       4.       Describe issues offenders may present in court.

       5.       Explain rules involving Access to Courts.

II.    PRESENTATION

       Policy

       A.       The Purpose of the Uniform Access to Courts, Counsel, and Public Official's
                Rules

                1.     Assist offenders in gaining their constitutional and statutory right of Access
                       to Courts, Counsel, and Public Officials

                2.     Provide guidance to staff and offenders

       B.       Distribution of Rules

                1.     Each new offender entering TDCJ is issued one copy of the Uniform
                       Access to Courts, Counsel, and Public Officials Rules. The Access to
                       Courts Rules is contained in the TDCJ Offender Handbook which is offered
                       in both English and Spanish.

       C.       Every Offender has the Right of Access to:


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            1.      State and Federal courts

            2.      Legal counsel and public officials

            3.      Different local, State, and Federal agencies

            4.      The consulate of their country

     D.     Offenders may confer or correspond about legal matters subject to regulation of
            time, place, and manner necessary to maintain the security and order of the
            institution.

     E.     Officers, employees or agents of TDCJ shall not interfere with, harass, punish, or
            otherwise penalize any offender as a result of participation in litigation, either as a
            party or a witness, or for filing or threatening to file a lawsuit, grievance, appeal or
            other complaint about prison conditions or official misconduct, or for discussing
            with others or writing to others about actual or potential legal action or other forms
            of grievance and complaint.

            Employees who violate this policy will be subject to possible disciplinary action.
            Harassing or retaliating against an offender for participating in an official
            investigation/inquiry or for pursuing legal activities (e.g. petitioning the courts) is a
            Level One, Code 22b offense. If an employee is found guilty of this offense, they
            will be terminated.

     F.     Offenders May Present

            1.      Any legal issue to the courts

            2.      Any issues including challenges to the legality of their confinement

            3.      Redress for improper conditions of confinement

            4.      Remedies for civil law problems

            5.      Claims against correctional officers and government authorities

     G.     Offenders Have Right of Access to Attorneys or their Representatives, which
            may include:

            1.      Paralegals

            2.      Law Students

            3.      Investigators


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              4.     Other Assistants to Counsel (ie. clerk, interpreter)

       H.     Unit Rules, Logs, and Notices

              1.     No unit shall have a rule, policy, or practice contrary to the Access to Courts
                     Rules. All unit rules shall be written, posted, and readily accessible to the
                     offender population.

              2.     All logs and notices shall be uniform throughout the department.

Instructor Note: Teach back and have the class count off from 1 through 7 and divide them
into their respective groups.

Assign each group one of the following programs:
1.     Section “I” through “J”
2.     Section “K”
3.     Section “L”
4.     Section “M” and “N”
5.     Section “O” through “Q”
6.     Section “R” and “S”
7.     Section “T”

Instruct each group that they will be responsible for creating and delivering a 10 minute
presentation on their assigned topics. Each group will be allowed to also create role plays as
long as it will be approved by the instructor. Also advise them that while they are delivering
their presentation the instructor, as will as the class, will be asking questions.

Instructor: Do not leave the classroom. Stay available for assistance and guidance. Also stay
mobile in the class and insure that everyone is contributing to the effort. Allow the class 15
minutes to create their presentations.

Group #1 Presentation

       I.     Law Libraries

              Each unit within TDCJ will be responsible for maintaining a law library collection.
              Each unit shall perform periodic inventories of their legal research material
              collection and replace damaged or missing books. Legal research material and
              shelving areas shall be examined frequently for contraband.

              1.     Law Library Conditions

                     a.      Rooms shall be of sufficient size to accommodate the law book
                             collection.

                     b.      Adequate space shall be provided for offenders to work.

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                   c.    The room designated for use when the library's seating capacity is
                         reached (overflow facility) shall be documented on Form I-184, Unit
                         Law Library Schedule.

                   d.    Sufficient law library periods (sessions) shall be provided to reduce
                         crowding of offenders in the Law Library.

                   e.    Heating, ventilation, and lighting shall be maintained at levels
                         equivalent to those maintained in other rooms used for
                         programmatic activities. Programmatic activities are defined as
                         educational and vocational classes.

            2.     Correspondence Supplies

                   a.    The following supplies will be made available to offenders,
                         including those in segregation:

                         (1)   Pens        (3) Carbon paper            (5) Postage
                         (2)   Paper       (4) Envelopes

                   b.    Envelopes - Offenders shall write their name and TDCJ number in
                         the top front left hand corner of each envelope within one (1) hour
                         of the time of purchase from the commissary, received from an
                         outside vendor or issued through the Indigent Supply Program.

                   c.    These supplies shall also be provided to indigent offenders. Indigent
                         offenders are those with less than $5.00 in the offender trust fund
                         account.

            3.     Law Library Schedule

                   a.    Form I-184, Unit Law Library Schedule, shall be conveniently
                         posted at places on the unit used for informing offenders. The unit’s
                         Access to Courts Supervisor shall ensure that the schedules, in both
                         English and Spanish languages, remain posted.

                   b.    Offenders cannot be given a choice between law library attendance
                         and certain other activities. Consequently, the Unit Law Library
                         Schedule must provide sufficient law library sessions for all
                         offenders regardless of their work assignments and scheduled
                         programmatic activities, such as school and vocational classes.
                         Offender craft shop, church, recreation, gymnasium, etc. are
                         non-programmatic activities and are not considered scheduled
                         activities.


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                         c.      An offender shall be afforded ten hours per week minimum law
                                 library access.

                         d.      The Unit’s Access to Courts Supervisor shall dictate the time and
                                 date that an offender is allowed to attend the law library. No
                                 offender may enter the law library without being scheduled.

     Instructor Note: At a minimum ask the essential elements as review questions.

1.        United States Constitution
2.        Dismissal
3.        $5.00
4.        State and Federal Courts
5.        10

                                       ESSENTIAL ELEMENTS

1.        What document notes that a person shall not “be deprived of life, liberty, or property,
          without due process of law"?
          __________________________________________.

2.        If an employee is found guilty of violating a Level One employee disciplinary offense,
          punishment is               .

3.        Indigent offenders are those with less than _____ in the offender trust fund account.

4.        Every offender has the right to access to ___________________________.

5.        All units must provide a minimum of __________ hours per week law library access.

                 4.      Items Permitted into the Law Library

                         Only pertinent legal material shall be brought into the law library, which
                         includes:

                         a.      4 inches of legal material
                         b.      1 publication not maintained in the law library
                         c.      typewriter

                 5.      Misconduct in Law Library

                         Any offender who is allowed direct access may be removed from the law
                         library for misconduct for the remainder of the session. In all instances of
                         offender misconduct (loud talking, cursing, sexual misconduct, etc.) that


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                    cannot be handled informally, TDCJ Disciplinary Rules and Procedures will
                    govern.

      J.     Law Book Theft or Destruction

             1.     General Population Offenders:

                    a.     An offender who has been found guilty of a major disciplinary
                           offense for stealing or damaging legal research material may be
                           denied physical access to the law library for up to 30 days.

                    b.     During this time frame, the offender shall be permitted to request
                           and receive up to three items of legal research material a day, on
                           three alternating days a week.

             2.     Offenders who are not permitted direct access to the law library:

                    a.     Unit disciplinary charges may be filed against any offender who
                           steals, damages, destroys, or refuses upon demand to return a law
                           book.

                    b.     However, the Unit Hearing Officer may not impose suspension of
                           law book delivery as a punishment for these offenses. If at any time
                           an officer believes that a segregated offender is likely to steal,
                           severely damage, destroy, or refuse to return legal research material,
                           the material shall be withheld from the offender.

                    c.     In such cases, it will be the officer’s responsibility to immediately
                           notify the unit’s Access to Court Supervisor.

Group #2 Presentation:

      K.     Offenders Personal Legal Materials - Storage and Access

             1.     Offenders shall have regular daily access to their legal materials.

             2.     All offender personal property is expected to be stored in the storage space
                    provided, including legal materials.          Non-combustible items, e.g.,
                    typewriter, radio, fan, shoes, and other such items need not be stored in the
                    space provided. However, at times there may exist the legitimate need for
                    additional storage space to be provided to store legal materials.

                    a.     Offenders who have legal materials exceeding the storage space
                           provided must request and justify to the Warden or his designee the
                           need for subsequent storage.


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                        (1)    A minimum of 1.75 cubic feet, but will not exceed 2.0 cubic
                               feet of closeable storage).

                        (2)     If an offender’s initial storage container exceeds the 2.0
                               cubic feet capacity and wants to store legal or educational
                               material in the oversized area, the offender must establish to
                               the Warden or his designee that the storage space provided
                               has been totally consumed by legal materials, current
                               educational materials, a reasonable amount of hygiene, arts
                               and crafts, commissary, and other personal property items.

                        (3)    For the purpose of this review, a reasonable amount of
                               hygiene, arts and craft, commissary, and other personal
                               property items shall not exceed one-half of the space
                               available in the first storage box.

                        (4)    The Warden or his designee may review the need for
                               subsequent storage space every 180 days.

                   b.   If an offender cannot secure all of his designated legal materials in
                        the subsequent space provided, the offender must submit a written
                        request for special review to the unit’s Access to Courts Supervisor.

                   c.   The supervisor will conduct a review of the amount and types of all
                        materials the offender identifies as legal material. The supervisor
                        shall advise the requesting offender of the criteria applicable to the
                        review and the options available for reducing the volume of the
                        offender's legal materials prior to conducting the review.

                   d.   These options would include, but are not limited to, eliminating
                        items that are available in the law library, eliminating items which
                        are not current or active, reducing the amount of supplies, mailing
                        items to persons for storage, and returning other offenders' legal
                        materials to those offenders.

                   e.   The offender is expected to make a good faith effort to reduce the
                        volume of legal materials in accordance with these procedures.

                   f.   Offenders expressing that they are a party to current ongoing
                        litigation shall be required to provide the unit’s Access to Courts
                        Supervisor with a cause number and court identification.

                   g.   If the offender is issued a second or subsequent box and has unused
                        space remaining in the additional box, they may store educational
                        materials, other offender's legal materials and personal copies of


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                           legal books available from the law library in the remaining
                           portion of that box..

                         (1)      Any materials relating to other offenders' legal matters that
                                  do not fit in the remaining portion of the additional box must
                                  be returned to those offenders.

                         (2)      However, at no time shall an offender store their non-legal
                                  material (e.g. commissary, hygiene, etc.) in the subsequent
                                  storage container.

                          (3)     Unauthorized items stored in the subsequent storage
                                  container will be confiscated, a PROP-O8 completed, and a
                                  level 3, code 35 disciplinary offense report written.

                    h.     The Warden's decision to provide, or not provide, additional storage
                           is subject to review through the offender grievance procedure. The
                           continued need for additional storage, if approved, is subject to
                           review every 180 days. Should additional legal storage be
                           approved, the offender shall be provided one yellow mesh bag to
                           transport his legal material.

                    i.     If the offender is determined to be ineligible for additional storage,
                           he will be allowed seven days from the date of that denial or from
                           the date the grievance process has been completed, to dispose of any
                           materials that will not fit in the space allocated. The excess material
                           may be mailed to someone on the visitor’s list at the offender's
                           expense, be picked up by approved visitors with prior arrangement
                           through the Unit Warden, picked-up or mailed to the offender’s
                           attorney or be turned over to TDCJ-CID staff for destruction.

Group #3 Presentation:

      L.     Searches and Shakedowns of Offender Legal Material

             1.     Definitions

                    a.     Scanning search: to glance from point-to-point in search of written
                           contraband. Not reading.

                    b.     Reading: to study word-for-word for the purpose of fully
                           comprehending the meaning. Reading of offenders' legal materials
                           is prohibited.

                    c.     Reasonable suspicion: sensible, intelligent, judicious belief in the
                           existence of written contraband. The basis for reasonable suspicion

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                        must be documented on Form I-186, Authorization to Search Legal
                        Materials for Written Contraband.

                   d.   Written contraband: written or printed pages containing evidence
                        of illegal activity or rule violations which will adversely affect the
                        safety of persons or the security of the unit/department.

                   e.   Physical contraband: any contraband that is not written or printed.
                        Personal legal materials of any TDCJ offender may be inspected to
                        see that no physical contraband such as weapons or drugs exists.
                        The offender’s presence is not required during the physical search
                        of his legal materials.

                   f.   During the course of any "search" or "shakedown" of an
                        offender's legal materials, staff members will not:

                        (1)    Scatter
                        (2)    Destroy
                        (3)    Unduly disrupt legal materials
                        (4)    Read or scan any legal materials

                   g.   Search of Written Materials

                        (1)    Unless there is reasonable suspicion that written contraband
                               is contained within the offender's legal material, an
                               offender's legal materials may be searched only for physical
                               contraband. Scanning or reading an offender's legal
                               materials during a search for physical contraband is
                               strictly prohibited.

                        (2)    If reasonable suspicion exists, a scanning search cannot be
                               performed until the following conditions are met:

                               (a)     Form I-186, Authorization to Search Legal Materials
                                       for Written Contraband, must be completed and
                                       signed by the unit Warden, Assistant Warden, or
                                       designee prior to the scanning.

                               (b)     The offender whose legal materials are being
                                       scanned must be present, if at all possible, during the
                                       scanning search. The offender should be ordered to
                                       conduct himself properly during the search, and, if
                                       necessary, informed of the consequences of his
                                       failure to do so under TDCJ disciplinary rules and
                                       procedures.
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                              (c)    The witnessing official must remain present for the
                                     entirety of a scanning search.

                              (d)    If a disruption is likely, the offender and their legal
                                     materials may be moved to a secure location for the
                                     search.

                   h.   Procedures for Handling Contraband Items

                        (1)   Physical contraband

                              (a)    Staff members may confiscate any item of physical
                                     contraband found among an offender's legal
                                     materials.

                              (b)    When searching an offender's legal materials for
                                     physical contraband, it is possible to observe an item
                                     that might later be determined as written contraband.

                                     [1]    While searching an offender's legal materials
                                            for physical contraband, the searching officer
                                            observes a map or a printed symbol in plain
                                            view that, for example, is a symbol denoting
                                            a certain prison gang.

                                     [2]    This will cause reasonable suspicion by
                                            alerting the officer that a possible act or a rule
                                            violation could be contained in the offender's
                                            legal materials.

                                     [3]    In an instance such as above, the officer
                                            should freeze the scene. That is, secure the
                                            area from the offender's presence, if he is
                                            present, either post an officer or secure the
                                            cell door so that no offender or officer can
                                            change the integrity of the scene.

                                     [4]    With the scene intact, the finding officer
                                            proceeds to the unit Warden, Assistant
                                            Warden, or designee, to obtain a Form I-186
                                            that will enable unit staff to scan the suspect
                                            document and make a determination
                                            regarding its being contraband.

                        (2)   Contraband Writing

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                        (a)   While conducting a scanning search with Form I-
                              186, a staff member finds what reasonably appears to
                              be illegal material. The staff member may carefully
                              remove the suspected contraband. Upon completion
                              of the scanning search, the suspected contraband
                              must immediately be taken to the Unit Warden,
                              Assistant Warden, or designee for review.

                        (b)   If, upon examination by the Unit Warden, Assistant
                              Warden, or designee, the suspected contraband is
                              determined to be written contraband, Form I-186
                              must be completed at the bottom noting the
                              determination.

                        (c)   Then Form I-185 (Notice of Confiscation of Written
                              or Printed Material During Search for Contraband
                              Writing) must be completed with a copy of the form
                              given to the offender within 48 hours.

                        (d)   If the suspected written contraband is determined not
                              to be contraband, the bottom of Form I-186 is
                              completed noting that the item is not contraband.
                              The item must then be returned to the offender.

                              [1]    In the event the written contraband cannot be
                                     physically separated from valid legal
                                     materials (e.g., written contraband on the
                                     back of a real legal document) a photocopy
                                     of the valid legal document may be made to
                                     return to the offender from whom the written
                                     contraband was confiscated.
                              [2]    There may be times when this is not possible
                                     (e.g., the contraband writing is between the
                                     lines on the face of a valid legal document).
                              [3.]   In this instance, the valid legal document is
                                     considered written contraband.

                        (e)   Each Unit Law Library will maintain (blank) copies
                              of Forms I-185, and I-186.

                        (f)   The offender may appeal confiscation of book or
                              written material through normal grievance
                              procedures.



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Group #4 Presentation:

      M.     When and Where Legal Work May Be Performed

             1.     Locations and times

                    a.     Offenders may perform legal work in:

                           (1)    The unit law library,

                           (2)    A cell or housing area, and

                           (3)    Other areas designated by the unit.

                    b.     Offenders may perform legal work:

                           (1)    During off periods, and

                           (2)    In the law library in accordance with the Law Library
                                  Schedule.

             2.     Offenders Assisting Other Offenders on Legal Matters

                    Offenders shall be permitted to assist or advise each other on all legal
                    matters, but may not receive any payment, benefit or reward in
                    exchange.

      N.     Requests Related to Access to Courts

             1.     Offender requests will be on the I-60 Form to the Access to Courts
                    Supervisor for:

                    a.     Law library time,

                    b.     Legal visits, and

                    c.     Notary services.

                           (1)    Offenders shall request notary service by submitting an I-
                                  60 Form to the unit’s Access to Courts Supervisor
                         (2)      Requests must be acted upon within 72 hours upon receipt of
                                  the request.

                           (3)    Notaries shall not approve, disapprove, read, or otherwise
                                  review an offender’s legal material beyond that review

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                                   necessary for the identification of the document. At no time
                                   shall the document be read.

             2.     I-60 Forms will be readily available to all offenders.

Group #5 Presentation:

      O.     Offenders with Indirect Access to the Unit's Law Library

             1.     Security Detection, Lockdown, Pre-hearing Detention, Solitary, Protective
                    Custody, Close Custody, Medical Segregation, Trusty Camp, Work Camp,
                    and Death Row Offenders.

                    a.     Need not be afforded direct access to the Law Library

                    b.     Are permitted to receive up to three items of legal research material
                           a day, on three alternating days a week

             2.     Solitary Confinement Offenders

                     a.    Need not be afforded direct access to the Unit Law Library

                     b.    Are permitted to receive up to three items of legal research material
                           a day, on three alternating days a week

             3.     All Administrative, Disciplinary, Medical, and Death Row Segregation
                    offenders shall be permitted to keep their personal legal materials in their
                    segregation cell during their period of segregated confinement.

             4.     Segregated offenders may request legal visits to confer with other offenders
                    on legal matters.

      P.     TDCJ State Counsel for Offenders

             TDCJ State Counsel For Offenders will provide legal service to indigent offenders
             for all matters except:

             1.     Civil rights issues against TDCJ

             2.     Fee generating cases

             3.     Disputes about TDCJ policy or procedure issues

             4.     Parole decisions

      Q.     Language Assistance

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             The Access to Courts Supervisor shall attempt to assist monolingual offenders in
             determining their legal service required. Assistance may be accomplished by
             using unit interpreters, bilingual staff members or by providing the monolingual
             offender with the name of bilingual offenders who may assist them.

Group #6 Presentation:

      R.     Attorney/Offender Telephone Calls – General Guidelines

             1.     The request for telephone contact shall be made in writing by the
                    offender’s attorney and shall provide the unit with at least 24 hours notice.

             2.     Consideration of requests by offenders for telephone contact with their
                    attorneys should be predicated upon critical circumstances (e.g., the
                    offender receives correspondence from the courts with a deadline
                    necessitating immediate contact with the attorney) and must also be in
                    writing by sending an I-60 to the unit’s Access to Courts Supervisor.

             3.     Requests for telephone contact with offenders shall only be considered for
                    approval during weekdays between 8:00am and 5:00pm unless the
                    requesting attorney presents compelling circumstances.

             4.     Attorneys are not permitted to use an attorney/offender telephone call to
                    facilitate contact between the offender and any other person.

             5.     Attorneys may not send faxes to, nor receive faxes from, offenders.

             6.     Frequency and duration of attorney/offender telephone conversations shall
                    be decided on a case-by-case basis determined by need.

             7.     Approvals for attorney/offender telephone calls must be made by an
                    employee with the rank of Major or higher.

             8.     Denial of an attorney/offender telephone call must be made by a Warden.

             9.     Even if the attorney’s written request for telephone contact with an
                    offender is approved, only collect calls from the offender to the attorney
                    may be made.

             10.    Except as authorized by warrant or court order, telephone calls to
                    attorneys pursuant to these rules shall not be monitored or recorded, but
                    shall be visually observed.

      S.     Court Conference Calls


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            1.     A judge may request that a court hearing be conducted via a telephone
                   conference call or videoconference rather than bench warrant the offender
                   to his or her courtroom.

            2.     For an offender to participate in a conference call court hearing, TDCJ
                   will require the judge to send a court order or a letter signed by the judge,
                   on official letterhead, for the offender to participate in a telephone or
                   videoconference, with the details necessary for a telephone or
                   videoconference.

            3.     In the case of a videoconference, the court order or letter must provide
                   appropriate information so that the videoconference may be facilitated.
            4.     No collect telephone number need be provided if the court initiates the
                   telephone call.

            5.     The Agency will verify the order or letter and facilitate the call using a
                   speakerphone or a regular handset phone if a telephone conference has
                   been requested.

            6.     Attorney-client confidentiality does not apply to court hearings.

            Group #7 Presentation:

     T.     Attorney Visitation

            1.     Periods of Visitation: An offender may have a visit from an attorney or
                   designated representative, Monday through Friday, excluding State and
                   Federal holidays, between 8:00 am and 5:00 pm, including lunch and
                   dinner hours, for any length of time. If it would not unreasonably disrupt
                   work schedules or threaten prison security, the Warden may permit the
                   visit to extend past 5:00 pm. On Saturdays, Sundays and State and
                   Federal holidays, attorneys or designated representatives may visit subject
                   to the rules governing non-attorney visits.

            2.     Notice: By 3:30 pm of the business day immediately preceding the date
                   that an attorney or designated representative wishes to visit an offender,
                   the attorney must give the name of each visitor and his profession, the
                   name of each offender to be visited, and an estimated arrival time to the
                   Warden of the unit to which each offender is assigned.

            3.     Identification:

                   Attorneys: Attorneys must satisfactorily identify themselves and complete
                   and sign a copy of the “Attorney Application to Visit TDCJ Offender”
                   Form (I-163). An attorney bar card and either a driver’s license or some


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                   other official identification that includes a photograph and the name of the
                   attorney are satisfactory identification for an attorney.

                   Any other individuals accompanying an attorney must also present either a
                   driver’s license or some other official identification.

            4.     Designated Representatives: Once written authorization to serve as an
                   attorney’s designated representative has been filed with TDCJ and
                   approved, upon arrival at the unit and before the visit, the representative
                   must present satisfactory identification to the Warden. Either the
                   representative’s driver’s license or some other official identification that
                   includes a photograph and the name of the representative shall constitute
                   satisfactory identification.

            5.     Limits on Number, Persons, and Type of Visit: Offenders are not limited
                   in the number or length of visits by attorneys.

                   a.     One or more attorneys may visit one or more offenders at the same
                          time, subject to reasonable regulation of the time, place, and
                          number of participants and subject to the Warden’s determination
                          whether such visit would threaten security.

                   b.     The attorney may visit with other offenders on the same day at the
                          same unit, subject to the same considerations listed above.

            6.     Rejection by Offender Of Visitation Request: If the offender objects to
                   such a visit, the Warden shall deny the attorney or the designated
                   representative the right to visit with the offender, provided that
                   immediately after the offender’s objection is communicated to the
                   Warden, the offender (or two witnesses in case the offender refuses to
                   sign) signs and swears to a completed copy of the “Refusal to Visit
                   Attorney or Attorney Representative” form.

            7.     Procedures During Visit:

                   a.     Privacy: Unless requested to do otherwise by either the attorney or
                          the offender.

                   b.     Warden shall respect the privacy of the visit and maintain a
                          sufficient distance from the visiting offender and attorney or
                          designated representative to preserve the privacy of
                          communications between them.

                          (1)     This rule does not limit the ability of the Warden to
                                  maintain visual surveillance during the visit or to terminate
                                  the visit in case of a threat to security.

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                   c.   Items Permitted with Attorney or Designated Representative:

                        (1)    Attorneys may bring briefcases, attaché cases
                        (2)    computer laptops, and personal digital assistants into the
                               visiting area
                        (3)    However, electronic devices may not be used to
                               communicate with a third party during the visit.
                        (4)    Attorneys or designated representatives may also bring a
                               tape recorder into the visitation area to be used only for
                               taking notes of the interview with the offender and for
                               recording the conversation between the attorney or
                               designated representative and the offender, but for no other
                               purpose.
                        (5)    With prior approval, video equipment may be used to
                               conduct a deposition.
                        (6)    Before, during, and after the deposition, a deposed offender
                               shall adhere to the TDCJ clothing standards as outlined in
                               the TDCJ Offender Handbook.
                        (7)    The video camera shall be in a fixed place and be in
                               operation only during the deposition.

                   d.   Attorneys and designated representatives are prohibited from
                        bringing

                        (1)    portable telephones
                        (2)    wireless communication devices
                        (3)    Other electronic equipment not noted in TDCJ rules and
                               regulations into the unit.
                        (4)    The Warden may open and inspect any item (e.g.,
                               briefcases, attaché cases, and tape recorders), but only in
                               the attorney’s or designated representative’s presence and
                               only for the purpose of detecting contraband.
                        (5)    The Warden may also search the attorney or designated
                               representative for weapons and contraband.

                   e.   Items Permitted with Offender:

                        (1)    Offenders may only bring pertinent legal documents,
                               writing paper, and a writing utensil into the visiting area.

                        (2)    Those documents may be inspected, but only in the
                               offender’s presence and only for the purpose of detecting
                               physical contraband.

                   f.   Exchange of Items:

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                            (1)     The area used for the attorney-offender visit shall have a
                                    pass-through slot available for the attorney or designated
                                    representative and an offender to directly and
                                    confidentiality exchange documents.

                            (2)     The exchange of voluminous legal documents may require
                                    the assistance of staff.

                     g.     Rejection of Contraband Articles:

                            (1)     If an item constituting contraband is found in an inspection,
                                    the Warden shall reject the contraband, shall immediately
                                    give each attorney and offender who participated in the
                                    exchange a written statement of the reason for the rejection,
                                    and may terminate the visit if such action is reasonable in
                                    relation to the seriousness of the violation as determined by
                                    the nature of the contraband.

                     h.     Removal of Items: An attorney may remove from the unit any
                            document received from an offender. An offender may remove
                            from the visitation area any document received from an attorney
                            unless the item is deemed contraband.

                     i.     Writing Utensils:

                            (1)     If writing utensils and paper are not available in the visiting
                                    area for use by offenders, the attorney is permitted to
                                    transmit these items to the offender.

                            (2)     After completion of the visit, staff shall return the writing
                                    utensils and unused paper to the attorney, but the offender
                                    shall be permitted to choose whether to retain all paper
                                    used during the visit or to give it to the attorney.

              j.     Rejection of Visitation Request or Termination of Visit:

                     (1)    The Warden may deny an attorney or designated representative the
                            right to visit with an offender or terminate such a visit immediately
                            if that visit would cause a legitimate threat to security.

Instructor Note: At a minimum ask the essential elements as review questions.

1.     Law library time, legal visits, notary services.
2.     Civil rights issues, fee-generating cases, disputes about TDCJ policy or procedure
       issues, and parole decisions.

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3.     Visually monitor – yes; however, you are not permitted to listen to an attorney/offender
       conversation.
4.     No.
5.     Scatter, destroy, unduly disrupt legal materials, read or scan any legal material.
6.     Weapon, 15 rolls of correspondence stamps, altered radio, tattoo gun
7.     Gang constitutions, map, phone numbers and addresses of employees

                                  ESSENTIAL ELEMENTS

1.     An offender can request a multitude of items and services by submitting an I-60 Form.
       Such    items     might    include:         ____________,      ____________,      and
       ________________________________.

2.     TDCJ State Counsel for Offenders will provide legal services to indigent offenders for all
       matters     except:     ________________,                _________________,           and
       _________________________________________________________.

3.     As a TDCJ employee, are you allowed to monitor an attorney/offender telephone call?
       ________________________________________________

4.     Is an attorney permitted to bring and use their cellular telephone inside a TDCJ unit?


5.     During the course of any search or shakedown of an offender's legal materials, staff
       members      may      not    ______________________,      ___________________,
       ____________________, ___________________.


6.     Give four examples of physical contraband.
       _____________, _______________, _______________, _______________

7.     Give three examples of written contraband.
       _____________, _______________, _______________

Instructor Note: The remainder of the lesson plan is to be delivered by the instructor,

       V.     Open Records

              1.      The Texas Department of Criminal Justice adheres to the policy of the
                      Public Information Act (also known as the Open Records Act) that all
                      persons, unless otherwise expressly provided by law, are at all times
                      entitled to full and complete information regarding the affairs of the
                      agency and the official acts of those who represent them as public officials
                      and employees.


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            2.     The Access to Courts Department, under the direct oversight of the Office
                   of General Counsel, has been tasked with the responsibility of
                   coordinating with each unit's Access to Courts Supervisor (or person
                   acting in that capacity) to ensure requests are promptly and correctly
                   managed.

            3.     Requests generated or received at the unit level shall be routed to the
                   unit's Access to Courts Supervisor. The Access to Courts Supervisor
                   will in turn be responsible for answering, referring, or seeking guidance to
                   related issues.

            4.     What is the Law?

                   a.     The Public Information Act declares that all governmental records
                          in Texas are available to the public unless specifically exempt.
                   b.      Willful and deliberate failure to meet that duty can result in
                          criminal punishment, but so can improper release of confidential
                          information.
                   c.     Care shall be taken in generating, organizing, and giving access to
                          documents.

            5.     Who is the Public?

                   a.     Anyone making a request is the public, except for an individual
                          who is incarcerated in TDCJ, or a city or county jail.

            6.     Offender Requests

                   a.     Offenders are not entitled to obtain any records, even about
                          themselves, under the Public Information Act. Under Agency
                          policy or for Access to Courts purposes they may have specific
                          information. Access to Courts documents are not subject to the
                          deadlines applicable to Open Records, but must be provided in a
                          timely manner.

                   b.     TDCJ offender files (e.g. Classification folder, Travel Cards,
                          Offender Grievance Investigations) are not available for inspection
                          by the offender. However, offenders may have copies of the
                          following documents:

                          (1)     Copies of documents listed in Exhibit 01.02A of the TDCJ
                                  Open Records Manual. (For the most part, offenders are
                                  only entitled to documents that have been provided to them
                                  in their past course of agency management.)

                          (2)     Copies of their own statement.

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                             (3)     Copies of their own medical records.

                             (4)     Copies of their own substance abuse treatment records.

                      c.     A TDCJ staff member shall not authorize (the review, purchase,
                             etc.) an offender request to have access to a copy of another
                             offender's records.

                      d.     Other information an offender may request

                             (1)     Personnel information - Offenders are entitled to the
                                     payroll name, title, and current business address of TDCJ
                                     employees for access to courts purposes (list available for
                                     offender review in the law library), but shall not be
                                     provided/possess an employees social security number,
                                     complete home address, home telephone number, date
                                     of birth, or names of family members. Nor, can an
                                     offender possess shift rosters and Post Orders.

                             (2)     Use of Force - The offender can have the names and ranks
                                     of correctional officers who used force on him in a specific
                                     incident.

                             (3)     Administrative Directives, agency manuals, and other
                                     similar documents – Offenders should be referred to the
                                     unit’s Access to Courts Department. No documents with
                                     security implications shall be provided.

III.   APPLICATION

Instructor Note: Review performance objectives.

IV.    SUMMARY

       Correctional officers receive instruction conveying the rights and responsibilities of
       offenders, their access to an appropriate law library, and access to courts. Every offender
       has the right to access state and federal courts, legal counsel, and public officials and
       agencies.




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     Offenders may present any issue, including challenges to the legality of their confinement,
     redress for improper conditions of confinement, remedies for civil law problems, claims
     against correctional officials and other governmental authorities, and any other right
     protected by constitutional or statutory provisions, or by common law.

     Officers, employees or agents of TDCJ shall not interfere with, harass, punish, or otherwise
     penalize any offender as a result of participation in litigation, either as a party or a witness,
     or for filing or threatening to file a lawsuit, grievance, appeal or other complaint about
     prison conditions or official misconduct, or for discussing with others or writing to others
     about actual or potential legal action or other forms of grievance and complaint. Officers,
     employees, or agents of TDCJ shall not interfere with, harass, punish or otherwise penalize
     any offender for filing or threatening to file a written TDCJ grievance.

V.   EVALUATION

     Written Examination




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