RULE NO: RULE TITLE
33-501.301: Law LibrariesNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34, No. 30, July 25, 2008 issue of the Florida Administrative Weekly.
33-501.301 Law Libraries.
(1) No change.
(2) Definitions.
(a) through (o) No change.
(p) Primary source material: refers to refers to legal research materials that constitute the law or have the force of law. These include constitutions, statutes, treaties, administrative rules, court rules, and court decisions.
(q) through (t) No change.
(3) through (4) No change.
(5) Law Library.
(a) Law libraries shall be established at all institutions and satellite correctional facilities housing more than 500 inmates. Every law library will have at least 1 legal research station providing access to the digital or non-print legal research materials described in paragraph (2)(i). The following criteria shall be considered in placing additional legal research stations:
1. Population and custody level;
2. Age of the inmate population;
3. The transitory nature of the institution’s inmate population;
4. Whether the institution has one or more of the following housing categories:
a. Protective management;
b. Close management; or
c. Death row.
(b) through (f) No change.
(g) The library Services administrator shall review the allocation of legal research stations provided to law libraries annually. The library services administrator shall submit a recommendation to add, transfer, eliminate, or maintain the current legal research stations to the chief of the bureau of institutional programs who shall review the recommendations and adjust the allocation of legal research stations based on the criteria in paragraph (5)(a) as soon as security requirements and procurement processes allow.
(h)(g) Each law library shall maintain a list of all titles in the collection at the law library’s circulation counter and shall make it available to inmates upon request.
(6) No change.
(7) Use of Inmates as Clerks in Law Libraries.
(a) through (b) No change.
(c) Inmate law clerks: law libraries shall be assigned inmates as inmate law clerks to assist inmates in the research and use of print and digital or non-print resources in the law library collection, and in the drafting of legal documents, legal mail, administrative actions filed with the Florida Parole Commission, the Florida Bar, and other administrative bodies, and inmate grievances filed with the Department of Corrections. A minimum of 2 inmate law clerks shall be assigned to law libraries in adult institutions, and a minimum of 1 inmate law clerk shall be assigned to law libraries in youthful offender institutions. Institutions shall assign additional inmate law clerks to the law library as needed to ensure that illiterate and impaired inmates are provided research assistance.
(d) No change.
(e) Law clerk training program. Central office library services shall develop a training program to provide inmates who work in law libraries with knowledge of legal research and writing, use of specific legal research materials to include digital or non-print resources in the law library collection, the law and rules of criminal law and post-conviction remedies, prisoners’ civil rights, and other subject matter identified as necessary for an inmate law clerk to provide meaningful assistance to inmates. Inmates who successfully complete the law clerk training program shall be given a certificate by central office library services documenting successful completion of the program, and a notation shall be recorded in the department’s offender database. Central office library services will document an inmate’s successful completion of the law clerk training program Inmates who successfully complete the law clerk training program shall be given a certificate by central office library services documenting successful completion of the program, and a notation shall be recorded in the department’s offender database. However, central office library services shall have the authority to revoke or suspend certification for commission of acts prohibited by this section or for failure to satisfactorily perform the duties assigned to an inmate law clerk.
(f) through (q) No change.
(8) through (11) No change.
Specific Authority 944.09, 944.11 FS. Law Implemented 20.315, 944.09, 944.11 FS. History–New 4-6-93, Amended 7-3-94, 11-2-94, 4-28-96, 9-30-96, 12-7-97, Formerly 33-3.0055, Amended 2-15-01, 11-4-01, 12-23-03, 1-7-07,_________.
