Perf-Based Stds, Adult Corr. Inst. 5th ed March 2021

Part 3: Institutional Operations

Access to Law Library 5-ACI-3D-03 (Ref. 4-4276)

Written policy, procedure, and practice provide for the right of inmates to have access to an appropriate law library and to paper, typewriters or typing services, and other supplies and services related to legal matters. The law li- brary includes, at a minimum, relevant and up-to-date constitutional, statuto- ry, and case law materials, applicable court rules, and practice treatises.When an inmate is unable to make meaningful use of the law library on his or her own, the additional assistance necessary for effective access is provided. Comment : The constitutional right of access to the courts requires that inmates who request assistance in preparing and filing legal papers receive the assistance necessary. This should include assistance from persons with legal training, law school legal assistance programs, public defender’s offices, and law library facili- ties. State court rulings suggest that the law library should include, at a minimum, state and federal constitutions, state statutes and decisions, procedural rules and decisions and related commentaries, federal case law materials, court rules and practice treatises, and legal periodicals and indices.

Protocols : Written policy and procedure. Legal assistance/resources plan.

Process Indicators : Observation. Facility logs. Inmate interviews. Documentation of the additional assistance provided.

Access to Programs and Services 5-ACI-3D-04 (Ref. 4-4277)

Written policy, procedure, and practice prohibit discrimination based on an inmate’s race, religion, national origin, sex, disability, or political views in making administrative decisions and in providing access to programs.

Comment : Inmates should be assured equal opportunities to participate in all insti- tutional programs.

Protocols : Written policy and procedure.

Process Indicators : Inmate interviews. Facility records. Grievances.

5-ACI-3D-05 (Ref. 4-4278)

Written policy, procedure, and practice provide that male and female inmates housed in the same institution have separate sleeping quarters but equal ac- cess to all available services and programs. Neither sex is denied opportunities solely on the basis of their smaller number in the population.

Comment : Institutions housing males and females should be smaller than other institu- tions. Coeducational programming is not desirable in any maximum-security institution.

Protocols : Written policy and procedure. Program and service descriptions and eligibility requirements. Inmate handbook.

Process Indicators : Activity logs. Program records. Staff and inmate interviews.

104 Adult Correctional Institutions, Fifth Edition