33-501.301: Law Libraries
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to update technical changes, eliminate starter collection law libraries, change failure to return research books from suspension of library services to disciplinary action, and modify the inmate law clerk training program.
SUBJECT AREA TO BE ADDRESSED: Law Libraries.
SPECIFIC AUTHORITY: 944.09, 944.11 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.11 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jason M. Hand, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-501.301 Law Libraries.
(1) No change.
(2) Definitions.
(a) Central office library services: refers to library services section in the bureau of institutional programs, office of classification and programs, in the departments central office headquarters.
(b) Deadline: refers to any requirement imposed by law, court rule or court order that imposes a maximum time limit on the filing of legal documents with the court.
(c) Illiterate: refers to inmates who demonstrate academic competence below the 9th grade level, as measured by the Test of Adult Basic Education as provided in Rule 6A-6.014, F.A.C.
(d) Incompetence or incompetent: refers to oral or written statements or conduct that demonstrates to departmental staff that an inmate law clerk does not have ability or knowledge to research and use the law library collection, to provide inmates with accurate information on the law and civil or criminal procedure, or to assist inmates in the preparation of legal documents or legal mail.
(e) Inmate law clerk: refers to any inmate that an institution has assigned to work in a law library in departmental inmate work assignment codes L04 and L09. Inmate law clerks have successfully completed the departments law clerk training program, or have equivalent legal training, and have LEGAL or LAW certificate entries recorded in the departments offender database.
(f) Inmate law clerk trainee: refers to any inmate that an institution has assigned to work in a law library in departmental inmate work assignment codes L03 and L08. Inmates must meet all of the qualifications established in paragraph (7)(d) to be assigned as a law clerk trainee.
(g) Inmate library clerk: refers to any inmate that an institution has assigned to work in the law library in departmental work assignment codes L01 and L06.
(h) Interstate Corrections Compact: refers to an interstate agreement that permits the State of
(i) Law library supervisor: refers to a library program specialist, librarian specialist, library technical assistant, and, whenever these positions are vacant, any other employee that the warden or designee appoints to oversee operation of the institutions law library program.
(j) Legal assistance: refers to those services that the law library program or inmate law clerks provide to the inmate population. They include: providing inmates access to law library materials; assisting inmates in conducting legal research; assisting inmates with the preparation of legal documents and legal mail associated with the filing of post-conviction petitions filed in the state or federal courts, civil rights actions filed in the state or federal courts, and administrative actions filed with the Florida Parole Commission or the Florida Bar; assisting inmates with the preparation of grievances filed with the Department of Corrections; providing inmates with access to grievance and court forms; providing indigent inmates with access to legal writing supplies pursuant to Rule 33-210.102, F.A.C.; and providing copying services to inmates pursuant to Rule 33-501.302, F.A.C.
(k) Library services administrator: refers to departmental employee in the bureau of institutional programs who is responsible for statewide coordination of library and law library services.
(l) Major collection: refers to a law library that includes the following legal publications: an annotated edition of the Florida Statutes; an annotated edition of the U.S. Constitution and federal statutes governing habeas corpus and prisoners rights; Florida and federal case reporters; Florida and federal Shepards citation indexes; Florida and federal practice digests; forms manuals; and secondary source materials providing research guidance in the areas of federal habeas corpus, Florida post-conviction and post-sentence remedies, and prisoners rights. Major collection law libraries also maintain current copies of departmental rules and regulations as provided in paragraph (5)(4)(b).
(m) Minor collection: refers to a law library that includes the following legal publications: an annotated edition of the Florida Statutes; Florida case reporters; Shepards Florida Citations; Florida and federal practice digests; an annotated edition of the U.S. Constitution and federal statutes governing habeas corpus and prisoners rights; forms manuals; and secondary source materials providing research guidance in the areas of federal habeas corpus, Florida post-conviction and post-sentence remedies, and prisoners rights. Minor collection law libraries also maintain current copies of departmental rules and regulations as provided in paragraph (5)(4)(b).
(n) Official state holiday: refers to any day that the governor or the state legislature of the state of
(o) Open population inmates: refers to inmates housed in general population at a institution or unit with a major or minor collection law library and any inmates housed at satellite correctional facilities if major or minor collection law libraries are not located there.
(p) Personal legal papers: refers to legal documents, legal correspondence, research notes, and trans relating to ongoing civil or criminal litigation where the inmate is a named plaintiff or defendant.
(q) Priority access: refers to the act of providing an inmate with exceptional access to the law library collection, inmate law clerks, interlibrary loan services, or to copying services.
(r) Research items: refers to photocopies of cases and statutes, and tables of contents, sections, or chapters from other reference titles in the institution's law library collection, which are loaned to inmates for legal research purposes. These do not include the inmates personal legal papers, pleadings, or trans.
(s) Satellite correctional facilities: refers to a medium or minimum custody correctional facility, such as an annex, work camp, road prison, forestry camp, or drug treatment center. Satellite correctional facilities do not include work release centers.
(t) Starter collection: refers to a law library that includes the following legal publications: an annotated edition of the Florida Statutes; an annotated edition of the Title 42, United States Code, Section 1983; the
(t)(u) Working day: refers to any weekday, i.e., Monday to Friday, except when the day is an official state holiday.
(3) Law Library Access General.
(a) Hours of Operation. Major and minor collection law libraries shall be open for inmate use a minimum of 25 hours per week, except weeks which include official state holidays. The law librarys operating schedule shall be designed to permit each inmate access to legal materials consistent with:
1. The inmate's security classification and housing assignment;
2. Staff and space limitations;
3. Scheduled work and other assignments; and
4. Any other limitation based on the interests of security and order of the institution.
(b) Inmates at satellite correctional facilities without law libraries attached to institutions with major or minor law collections shall be provided access to the law library and inmate law clerks by means of correspondence, except as otherwise provided in paragraphs (3)(d), (3)(e) and (3)(f).
(c) Inmates who are temporarily transferred to correctional or medical facilities outside the department may secure legal assistance and/or access to legal research materials by submitting a written request to the library services administrator in the central office, or the law library supervisor at the institution from which they were transferred. Inmates who are serving sentences imposed by the
(d) Law libraries shall provide interpreters for any language, other than English, native to 5 percent or more of the statewide inmate population. Such inmates at satellite correctional facilities shall be provided an opportunity to visit the law library within 1 week of submitting an oral request or Form DC6-236, Inmate Request, for legal assistance to the law library supervisor or other facility staff. Form DC6-236 is incorporated by reference in Rule 33-103.019, F.A.C.
(e) Inmates who are illiterate or have disabilities that hinder their ability to research the law and prepare legal documents and legal mail, and need research assistance, shall be provided access to the law library and to inmate law clerks. These inmates may request legal assistance by making an oral request for same to the correctional staff working in their housing or confinement units, classification staff, work supervisors, mental health staff, or to the law library supervisor. Staff shall relay oral requests for legal assistance to the law library supervisor. Upon receipt of an oral request or Form DC6-236, Inmate Request, the law library supervisor shall schedule the inmate for a visit to the law library or a visit with an inmate law clerk.
(f) Inmates who must meet deadlines imposed by law, court rule or court order in legal proceedings challenging convictions, sentences or prison conditions shall be given priority in the use of the law library and related legal services. However, the inmate shall be responsible for notifying the department of the deadline in a timely manner. Department staff shall respond to a request for special access to meet a deadline within 3 working days of receipt of the request, not including the day of receipt. This period shall not be shortened due to the failure of the inmate to give timely notice of the deadline.
1. Priority access shall be granted if the maximum time limit is 20 or fewer calendar days.
2. Law library supervisors shall not excuse an inmate in open population at any institution, work camp, road prison, or forestry camp from a work or program assignment to use the law library for more than one-half of the inmates workweek. The warden or designee is authorized to afford individual inmates in open population additional research time in the law library when the inmate demonstrates an exceptional need for it. The inmate bears sole responsibility for proving why additional research time in the law library should be provided.
3. Upon confirmation of the deadline, the law library supervisor shall contact the classification department and schedule an appointment by call-out to enable excusing an inmate from his or her work or program assignment, and, where necessary, transportation from a satellite correctional facility.
4. Inmates who only need priority access to law library services, such as copying or interlibrary loan services, shall only be excused for as long as is necessary to request or receive the necessary assistance.
(g) No inmate shall be excused from a work or program assignment solely for the purpose of drafting legal documents and legal mail; such activities shall be performed during off-duty hours. Inmates in open population who do not have deadlines as described in paragraph (3)(f) shall be expected to use the law library or access law library services during off-duty hours.
(h) Inmates who mutilate, deface or pilfer law library materials shall be subject to formal disciplinary action as provided in Rules 33-601.301-601.314, F.A.C., and penalties for infraction may include a temporary suspension of the inmate's privilege of on-site use of the law library of up to 30 days. The disciplinary team which presides over the disciplinary hearing shall determine the length of the suspension after considering the inmate's past record of rule infractions while in the law library, assessing the material damage to the legal research collection, and determining whether the damage to the collection was intentional or inadvertent. Inmates who have been suspended from the law library shall conduct business through correspondence or through inmate law clerks rather than through personal visits to the law library. However, steps shall be taken to ensure that the inmate is not denied access to legal material during this suspension.
(4) Law Library Access for Inmates in Administrative Confinement, Disciplinary Confinement, Close Management, Protective Management, on Death Row, and in Medical or Mental Health Units.
(a) Inmates in administrative confinement, disciplinary confinement, and close management shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, to have the law library deliver legal materials to their cells, and, as provided in paragraphs (3)(e) and (3)(f), to visit with inmate law clerks. Efforts shall be made to accommodate the research needs of inmates who have filing deadlines imposed by law, court rule or court order in legal proceedings challenging convictions, sentences or prison conditions.
1. Inmates at Florida State Prison Main Unit who need research assistance from the law library shall submit Form DC6-236, Inmate Request, to the law library supervisor. Inmates shall be permitted to visit the law library if security requirements permit it. If security requirements prevent a personal visit to the law library, the inmate shall be required to secure legal assistance through visits with inmate law clerks or by means of correspondence.
2. At all other institutions, inmate law clerks shall visit the confinement unit at least once per week to provide assistance to inmates. Illiterate and disabled inmates shall be permitted to request a visit with an inmate law clerk by making an oral request for legal assistance to the correctional staff working in the confinement unit. Upon receipt of an oral request, the correctional staff shall permit the inmate to visit with an inmate law clerk at the next scheduled law clerk visit. All other inmates shall request law clerk visits by submitting Form DC6-236, Inmate Request, to the law library supervisor. The law library supervisor shall develop a list of the inmates in confinement who are approved for a law clerk visit, and shall provide a copy of that list to security staff on or before the inmate law clerks visit to the confinement unit.
(b) Inmates in mental health units shall be provided access to the law library and provided opportunities to visit with inmate law clerks. These inmates shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, and to have the law library deliver legal materials to their cells. These inmates may request legal assistance by submitting Form DC6-236, Inmate Request, to the law library supervisor or by making an oral request for legal assistance to the security or mental health staff working in the unit. Security and mental health staff shall relay oral requests for legal assistance to the law library supervisor. Upon receipt of a request, the law library supervisor shall arrange for an inmate law clerk to visit the inmate. Efforts shall be made to accommodate the research needs of inmates who have filing deadlines imposed by law, court rule or court order in legal proceedings challenging convictions, sentences or prison conditions.
(c) Inmates in protective management shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, and to have the law library deliver legal materials to their cells. Inmates in protective management shall have access to the law library, to include access to at least 1 inmate law clerk, during evening or other hours when general population inmates are not present. If security reasons prevent a visit to the law library, access shall be provided through visits with inmate law clerk or by means of correspondence. Efforts shall be made to accommodate the research needs of inmates who have filing deadlines imposed by law, court rule or court order in legal proceedings challenging convictions, sentences or prison conditions.
(d) Inmates on death row shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, to have the law library deliver legal materials to the inmates cell, and to visit with inmate law clerks. Inmates on death row who have filing deadlines imposed by law, court rule or court order, in legal proceedings challenging convictions, sentences, or prison conditions, shall be permitted to visit the units law library at least once per week for up to two hours if the law library has research cells and if security requirements permit it. If security requirements prevent a personal visit to the law library, the inmate shall be required to secure legal assistance through visits with inmate law clerks or by means of correspondence.
(e) Inmates who are temporarily housed in institutional infirmaries or hospitals, or who are on medical or dental lay-in, and who are unable to visit the law library due to medical or treatment reasons, shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, to have the law library materials delivered to them, and to visit with inmate law clerks unless medical or security requirements prevent it. These inmates may secure legal assistance by contacting the law library supervisor. Upon receipt of an oral request or Form DC6-236, Inmate Request, or a referral from medical or dormitory staff, the law library supervisor shall assign an inmate law clerk to provide legal assistance to the inmate.
(f) Inmates shall be limited to possession of no more than 15 research items from the law library. Research items shall be loaned for a maximum of 21 days. Inmates who fail to return If research items are not returned to the law library within 21 days, then the inmates privilege to borrow research items from the law library shall be subject to disciplinary action as provided in Rules 33-601.301-.314, F.A.C. suspended until the material is returned. Institutions shall also limit the accumulation of research materials when possession of same in an inmate's cell creates a safety, sanitation or security hazard.
(5) Major, and minor and starter collection law libraries.
(a) Major or minor collection law libraries shall be established at all institutions and satellite correctional facilities housing more than 500 400 inmates. Starter collection law libraries shall be established at institutions and satellite correctional facilities housing less than 400 inmates and located 50 or more miles from the main unit of the institution or other institutions with major or minor law library collections. In determining whether a major collection shall be established at an institution, consideration shall be given to the following factors:
1. Population level;
2. Age of the inmate population;
3. The transitory nature of the institutions inmate population;
4. The institutions proximity to other facilities with major collections;
5. Whether the institution has one or more of the following housing categories:
a. Protective management;
b. Close management; or
c. Death row.
(b) Major and minor collection law libraries shall maintain current copies of the following departmental rules and regulations:
1. Rules of the Florida Department of Corrections;
2. Department of Corrections Procedures and Policy and Procedure Directives, except those that the Office of the Secretary has directed be withheld from inspection by inmates for security reasons.;
3. Institutional operating procedures, except those that the Office of the Secretary or the regional director has directed be withheld from inspection by inmates for security reasons. No law library collection shall include departmental or institutional emergency plans, security post orders, or departmental operations manuals.
(c) Major, and minor and starter collections shall be maintained in a current condition by annual subion service. The library services administrator shall be responsible for ensuring that all legal collections are current and complete.
(d) Law collections shall not be established at work release centers or other community-based facilities. Inmates at those facilities shall secure legal assistance by means of correspondence with a major or minor law collection, by visits with attorneys, or by transportation or temporary transfer to an institution with a major or minor law collection.
(e) The contents of legal collections shall be reviewed annually by the library services administrator to ensure continued compliance with applicable federal and state laws and American Correctional Association standards. When the library services administrator believes that titles need to be added or deleted from the collections, he or she shall make such recommendation to the chief of the bureau of institutional programs. If the recommendation is approved, the material shall be ordered and placed in the appropriate law library collections.
(f) Requests for the addition or deletion of titles in major, and minor, and starter law library collections shall be submitted in writing to the library services administrator in the central office. The library services administrator shall review all requests and make a recommendation to the chief of the bureau of institutional programs. Requests shall be reviewed according to the material's primary research value and whether it substantively provides additional information, or merely duplicates what is in the current collection. If the recommendation is approved, the materials shall be ordered and placed in the appropriate law library collections.
(g) Each minor and major collection law library shall maintain a list of all titles in the collection at the law librarys circulation counter and shall make it available to inmates upon request.
(6) Interlibrary loan services for law libraries.
(a) Major collection law libraries shall provide research assistance to minor and starter collection libraries and to inmates housed at satellite correctional facilities without law libraries. On receipt of Form DC5-152, Law Library Interlibrary Loan Request, the law library supervisor shall immediately assign an inmate law clerk to provide legal assistance. Form DC5-152 is incorporated by reference in subsection (11) of this rule. All assistance that can be provided through use of that institution's major collection shall be completed within 3 working days of receipt, not including the day of receipt, except where the request requires the researching of complex or multiple legal issues or is so broad in scope that work can not be initiated without further information from the requesting inmate.
(b) Inmates at facilities with minor collection law libraries who need access to legal research materials only available in major collection law libraries, shall submit Form DC5-152, Law Library Interlibrary Loan Request, for the material or assistance to the law library supervisor. Within two working days of receipt of Form DC5-152, not including the day of receipt, the law library supervisor shall forward the request to the law library supervisor at a major collection law library for completion.
(c) Inmates at satellite correctional facilities without starter collection law libraries, who need access to legal materials in major or minor collection law libraries, shall submit Form DC5-152, Law Library Interlibrary Loan Request, or Form DC6-236, Inmate Request, to the law library supervisor at the main unit of the institution. The law library supervisor shall review the request to determine whether it can be completed by that institutions law library.
1. If the law library has the information that the inmate has requested, the request shall be completed and returned to the inmate within three working days of receipt, not including the day of receipt, except when the request requires the researching of complex or multiple legal issues or is so broad in scope that work cannot be initiated without further information from the requesting inmate. The law library supervisor shall provide a copy of Form DC5-152, Law Library Interlibrary Loan Request, and the requested material to the inmate.
2. If the law library does not have the information that the inmate has requested, then within 2 working days of receipt, not including the day of receipt, the law library supervisor shall forward the request to the law library supervisor at a major collection law library for completion.
(d) Inmate requests to secure law materials not in the departments major collection libraries shall be submitted to the library services administrator for review and approval. Only requests for primary source materials, such as statutes, rules, and court decisions, that relate to state post-conviction and post-sentence remedies, federal habeas corpus, or the rights of prisoners, shall be approved.
1. Inmates needing such materials are to submit Form DC5-152, Law Library Interlibrary Loan Request, to the institutions law library supervisor. Form DC5-152, Law Library Interlibrary Loan Request, is to include the full and complete citation of the material needed, and a written justification on why the material is needed to litigate any of the above types of actions. If any deadlines apply, the date of the deadline is to be noted on Form DC5-152, Law Library Interlibrary Loan Request. The law library supervisor is then to forward the request to the library services administrator in the central office. The correct mailing address is: Department of Corrections, Attention: Library Services,
2. The library services administrator or designee shall review the request and either approve it or disapprove it. If the request is disapproved, the reason for disapproval will be noted on the request and the request shall be returned to the requesting law library. The law library supervisor will provide a copy of Form DC5-152, Law Library Interlibrary Loan Request, to the inmate. If the request is approved, the request shall be forwarded to the
(e) Inmates with deadlines imposed by law, court rule or court order in legal proceedings challenging convictions and sentences or prison conditions shall be given priority in the handling of interlibrary loan requests, and such requests shall be submitted separately from requests not involving deadlines.
(f) Material received pursuant to an interlibrary loan request is the property of the law library and not the personal property of the inmate who requested it. The materials shall not be removed from the law library without the written approval of the law library supervisor.
(g) No limits shall be placed on the number of requests for interlibrary loan service submitted by inmates. However, inmates in confinement and other special management housing shall be limited to possession of no more than 15 items at a time.
(7) Use of inmates as clerks in law libraries.
(a) Inmate library clerks: major and minor collection law libraries shall be assigned inmates as library clerks to perform work of a clerical nature. Duties of library clerks include circulating legal materials, maintaining law library files, keeping the law library clean and orderly, and assisting the law library supervisor in collecting statistics, preparing reports and correspondence, and other job tasks related to program operations. Library clerks who are assigned only such work shall not be required to complete the law clerk training program. Inmates assigned as library clerks shall not assist inmates in the preparation of legal documents and legal mail, and shall not be assigned to conduct confinement visits unless accompanied by an inmate law clerk.
(b) Inmate law clerk trainees: inmates who have no formal training in legal research and who wish to work as inmate law clerks in major and minor collection law libraries shall be assigned as law clerk trainees, and shall be required to attend and successfully complete the law clerk training program. Inmates assigned as law clerk trainees shall not assist inmates in the preparation of legal documents and legal mail, and shall not be assigned to conduct confinement visits unless accompanied by an inmate law clerk.
(c) Inmate law clerks: major and minor collection law libraries shall be assigned inmates as inmate law clerks to assist inmates in the research and use of the law library collection, and in the drafting of legal documents, and legal mail associated with the filing of post-conviction petitions or civil rights actions filed in the state or federal courts, 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 major and minor collection law libraries in adult institutions, and a minimum of 1 inmate law clerk shall be assigned to minor collection 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) Qualifications. Inmate law clerks shall:
1. Have a high school diploma, general educational development, or Test of Adult Basic Education total battery scores of grade 9.0 or higher, or otherwise demonstrate that he or she possesses the reading and language skills necessary to read and understand the law, to conduct legal research, and to assist other inmates in legal research and the preparation of legal documents.
2. Have a release date that indicates that he or she has sufficient time remaining on his or her sentence to complete the law clerk training program and to perform work in the law library;
3. Have a satisfactory record of institutional adjustment;
4. Display a willingness to work and cooperate with others and the ability to perform the general duties of an inmate law clerk, including good oral and written communication skills, good comprehension and intelligence.
(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, 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.
1. Successful completion of the law clerk training program shall be evidenced by attendance at the law clerk training seminar, completion of all writing assignments and practice exercises included as part of the law clerk training seminar, and receipt of a passing score on the law clerk training seminar's final examination.
2. Inmates who successfully complete the law clerk training program seminar 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.
(f) Central office library services shall be responsible for the scheduling of law clerk training programs. When training programs are scheduled, institutions shall be notified of the upcoming training, and requested to identify inmates in need of training. The library services administrator shall review the requests and verify that the inmates satisfy the minimum qualifications established in paragraph (7)(d); only inmates who meet the minimum qualifications shall be accepted for training. No inmate shall attend the law clerk training program unless his or her participation has been approved by the library services administrator. Central office library services shall arrange for the temporary transfer of the approved inmate participants to the institution where the seminar is to be conducted.
(f)(g) Inmates, who have prior educational or work experience in the law, or who possess current knowledge of the law, knowledge of legal research materials and how to use them, may be certified by the office of library services without having to complete the attend a law clerk training program seminar. Admissible educational achievements or work experiences include:
1. Receipt of an associate or bachelors degree in paralegal research or pre-law;
2. Receipt of a juris doctorate degree;
3. One or more years of verifiable work experience as a paralegal working under the direct supervision of an attorney; or
4. Successful completion a written examination developed by the office of library services that verifies that an inmate possesses current knowledge of the law, knowledge of legal research materials and how to use them, and can communicate effectively in writing.
(g)(h) At the time of an inmates assignment to work in the law library, the law library supervisor shall advise the inmate that he or she is not to disclose any information about an inmates legal case to other inmates.
(h)(i) The law library supervisor shall immediately remove an inmate law clerk from his or her work assignment in the law library upon demonstration that the inmate law clerk is incompetent. Central office library services shall also have the authority to order the removal of an inmate law clerk from his or her work assignment in the law library for incompetence.
(i)(j) Prohibited conduct: Inmate law clerk. Violation of any of the provisions of this section shall result in the immediate removal of the inmate law clerk from his or her work assignment in the law library, and disciplinary action pursuant to rules 33-601.301-601.314. The library services administrator will be informed whenever an institution removes an inmate law clerk from the law library for any of the following reasons.
1. Inmate law clerks shall not act as legal representatives or in any way appear to be engaged in the unauthorized practice of law, to include participation in judicial and administrative hearings or telephonic hearings conducted for other inmates;
2. Inmate law clerks shall not sign or include their names, work assignment title, or a reference to certification as an inmate law clerk or trained paralegal in any legal document, legal mail, privileged mail, routine mail, or grievance prepared on behalf of an inmate;
3. Inmate law clerks shall not include their work assignment title or a reference to certification as an inmate law clerk or trained paralegal in the return address of their outgoing correspondence, or in legal documents, legal mail, privileged mail, routine mail and grievances;
4. Inmate law clerks shall not use department or institution letterhead stationary or memoranda to prepare personal letters or legal documents;
5. Inmate law clerks shall not charge nor shall they receive payment of any kind for providing legal assistance to inmates;
6. Inmate law clerks shall not disclose information about an inmates legal work to other inmates;
7. Inmate law clerks shall not conduct legal research or prepare legal documents for staff;
8. Inmate law clerks shall not use department-owned typewriters, word processors, personal computers, or like equipment to prepare legal documents and legal mail; and
9. Inmate law clerks shall not display an unwillingness to work and cooperate with others or refuse or fail to perform the general duties of that work assignment. Such conduct shall be defined as a failure to follow departmental rules and procedures relating to law library program operations, or violation of the rules of prohibited conduct, Rule 33-601.314, F.A.C., while in the law library or performing work-related tasks.
(j)(k) Upon receipt of notice that an inmate law clerk has been found guilty of a disciplinary infraction concerning violation of any of the provisions of subsection paragraph (7)(j), the library services administrator will review the matter to determine whether the inmates law clerk certificate should be revoked. The determination as to whether the inmates certificate shall be revoked shall be based on a consideration of the following factors: the findings of the disciplinary report; discussions with institution staff about the infraction; a record of prior counseling or disciplinary action for violation of the provisions of subsection paragraph (7)(j); a record of multiple violations of the provisions of subsection paragraph (7)(j); and a determination that the violations of subsection paragraph (7)(j) were intentional rather than inadvertent. If the library services administrator determines that revocation is warranted, the inmates law clerk training certificate shall be revoked and his or her certificate entry will be deleted from the offender database.
(k)(l) No action shall be taken against an inmate law clerk for assisting, preparing, or submitting legal documents to the courts or administrative bodies, to include complaints against the department or staff. Good faith use or good faith participation in the administrative or judicial process shall not result in formal or informal reprisal against the inmate law clerk.
(l)(m) An inmate law clerk who wishes to correspond in writing with inmate law clerks at other institutions regarding legal matters shall be required to obtain prior approval from the warden at his or her institution. The approved correspondence shall be mailed through institution mail from law library supervisor to law library supervisor.
(m)(n) Inmate law clerks shall give all work files to inmates who are being transferred or released. If the inmate law clerk is unable to give the inmate the file prior to transfer, he or she shall give it to the law library supervisor. As soon as the inmate's destination is known, the law library supervisor shall forward the file to the law library supervisor or other designated employee at the inmate's new location for forwarding to the inmate. Work files for inmates who have escaped, died, or been released shall be handled in accordance with subsection 33-602.201(10), F.A.C.
(n)(o) The law library supervisor at the institution from which an inmate is transferred may authorize an inmate law clerk at that institution to continue assistance to the transferred inmate on a pending matter if the inmates new institution or facility does not have a major or minor collection law library and the inmate requests continued assistance in writing.
(o)(p) Central office library services shall suspend the law clerk certificate of an inmate when 4 years have passed since he or she worked in a law library as an inmate law clerk. Whenever a law clerk certificate is suspended, central office library services shall remove the certificate entry from the offender database. Central office library services shall reinstate the law clerk certificate if the inmate demonstrates, through successful completion of a written examination, that he or she still possesses current knowledge of the law, knowledge of legal research materials and how to use them, and can communicate effectively in writing.
(p)(q) Inmate law clerks must secure prior, written approval from the law library supervisor, on Form DC5-153, Personal Legal Papers Authorization, to retain their own or another inmates personal legal papers in the law library. Form DC5-153 is incorporated by reference in subsection (11) of this rule. At a minimum, the following information shall documented on Form DC5-153: the committed name and DC number of the inmate who owns the papers; a list of all documents and papers to be retained in the law library and the number of pages for each; and, the committed name and dc number of the inmate law clerk who is assisting the inmate. The inmate shall then sign and date the form and submit it to the law library supervisor for approval. If the law library supervisor approves the request, he or she shall sign the form and enter the date when the personal legal papers must be removed from the law library. Inmates who do not remove their personal legal papers from the law library by that date shall be subject to formal disciplinary action as provided in Rules 33-6012.301-.314, F.A.C.
1. Only those personal legal papers that are specifically needed for research, or to prepare the necessary legal documents or mail, shall be stored in the law library. The personal legal papers may be retained in the law library for only as long as it takes to prepare the needed legal documents or legal mail or for 20 calendar days, whichever is shorter.
2. Inmates personal legal papers shall be secured in a locked file cabinet in the law library when the inmate law clerk is not present or using them. Inmate law clerks shall not take another inmates personal legal papers out of the law library unless approved in writing by the law library supervisor. Approval shall be limited to instances where the inmate law clerk is visiting the inmate in confinement or other special housing units and needs access to the papers during the visit to provide the needed legal assistance. Inmate law clerks who otherwise take another inmates personal legal papers out of the law library shall be subject to formal disciplinary action as provided in Rules 33-601.301-.314, F.A.C.
(q)(r) Inmate law clerks shall not be permitted to conduct legal research or prepare legal documents and legal mail on personal legal matters during work hours unless:
1. The inmate law clerk has a legal deadline imposed by law, court rule, or court order to prepare legal documents in legal proceedings challenging convictions, sentences or prison conditions, and qualifies for priority access as provided in paragraph (3)(f); or,
2. The inmate law clerks work schedule does not afford him or her any off-duty time during which to use the law library.
(8) through (11) No change.
