[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Rules and Regulations]
[Pages 4890-4894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2624]



[[Page 4889]]

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Part V





Department of Justice





_______________________________________________________________________



Bureau of Prisons



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28 CFR Parts 543 and 553



Inmate Legal Activities and Inmate Personal Property; Final Rule

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

[[Page 4890]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Parts 543 and 553

[BOP 1063-F]
RIN 1120-AA58


Inmate Legal Activities and Inmate Personal Property

AGENCY: Bureau of Prisons, Justice.

ACTION: Final rule.

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SUMMARY: In this document, the Bureau of Prisons (``Bureau'') is 
amending its regulations in order to set forth situations in which one 
inmate may be allowed to possess the legal materials of another inmate 
while assisting that other inmate. This amendment is intended to 
maintain an appropriate balance between the need for institution 
security, good order, and discipline and the ability of inmates to 
assist each other with their legal materials.

EFFECTIVE DATE: March 3, 1997.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
HOLC Room 754, 320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General 
Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Bureau of Prisons is amending its 
regulations on inmate legal activities (28 CFR part 543, subpart B) and 
on inmate personal property (28 CFR part 553, subpart B). A proposed 
rule in this proceeding was published in the Federal Register on 
October 30, 1996 (61 FR 56096).
    The proposed regulations specified that except in instances where 
the Warden imposes limitations for reasons of institution security, 
good order, or discipline, an inmate may possess another inmate's legal 
materials while assisting that inmate in the institution's main law 
library and in other locations if the Warden so designates. The inmate 
being assisted must bring his or her legal materials to the law library 
or other location in order to provide access to the assisting inmate. 
The inmate providing assistance may not remove the legal materials from 
the library or other designated location. Although the inmate being 
assisted need not remain present, that inmate is responsible for 
retrieving his or her legal materials. If, for example, the inmate 
being assisted chooses to leave the library or other designated 
location in order to recreate, that inmate must return in order to 
retrieve the legal materials. Legal materials left unattended in the 
law library or other designated location may be disposed of by staff as 
nuisance contraband.
    The proposed rule also noted that the institution's need for 
security, good order, or discipline may limit an inmate's assistance to 
another inmate when an inmate is placed in the institution's special 
housing unit. An inmate may be placed in a special housing unit for 
various reasons including administrative detention during the course of 
an investigation of allegations that the inmate committed a prohibited 
act, for protection, pending transfer, or in disciplinary segregation 
following a determination that the inmate had committed a prohibited 
act. Security necessarily restricts access to such inmates by inmates 
in the general population. Inmate assistance therefore may only be 
available from other inmates already in the special housing unit. Legal 
assistance from attorneys remains available to an inmate in a special 
housing unit (see Sec. 543.12).
    In proposing these changes, the Bureau also consolidated the 
provisions pertinent to legal materials in the regulations on inmate 
legal activities. The regulations on inmate personal property contain 
only a cross-reference on this subject. Other proposed changes to the 
regulations on inmate legal activities included a definition of leisure 
time in Sec. 543.11(a), a revised definition of legal materials in the 
introductory text of Sec. 543.11(d), a restatement of the provisions 
for receipt, purchase, and retention of legal materials in 
Sec. 543.11(d)(1) and (2), and a clarification to the provisions in 
Sec. 543.11(h) concerning the preparation of legal documents by a 
public stenographer.
    Comments received on the proposed rule raised a variety of concerns 
which may be generally grouped around the topics of access to courts 
and the qualifications to be placed on the possession of legal 
property. A more specific summary of the comments received and the 
agency response follows.
    Some commenters claimed that an inmate's right to unimpeded access 
to courts overrides any penological concern of the Bureau. As set forth 
in the Supreme Court's decision in Lewis v. Casey, an inmate's right of 
access to the court is not absolute. An inmate's right of access to the 
court must be balanced against the Bureau's interest in maintaining 
security and good order in the institution. To maintain security and 
good order in the institution, the Bureau believes that an inmate 
should not possess another inmate's legal materials. Possession of such 
materials by another inmate may result in extortion attempts, the 
exchange of contraband, or the dissemination of information which could 
be used to endanger other inmates, institution staff, or the general 
public. Practical complications may also arise. For example, when 
inmates are transferred from one institution to another, their legal 
materials could be lost or damaged, thereby potentially affecting the 
inmates' ability to litigate their cases.
    One commenter objected to the proposed rule on the grounds that an 
assisting inmate 1 would not have sufficient time to provide 
assistance if restricted to doing so in the law library. Other 
commenters argued that institution libraries were inadequate for the 
needs of all the inmates who would require assistance. The Bureau 
notes, in response, that the proposed revision to Sec. 543.11 expands 
upon previously authorized assistance to allow for the possession by an 
assisting inmate of another inmate's legal materials in the law library 
as well as in other locations if designated by the Warden. The Bureau 
believes that this revision is reasonable given legitimate concerns 
over the security, discipline, and good order of the institution. 
Speculation over the adequacy of the library fails to recognize that 
the Warden may designate other locations for the purpose of providing 
legal assistance. The Bureau, therefore, believes that the commenters' 
concerns regarding the insufficiency of law library hours are 
unwarranted. In any event, specific changes as to the library hours can 
be made locally at the various institutions if deemed appropriate. 
Furthermore, as noted below, the Bureau has adjusted its regulations to 
allow for an assisting inmate to prepare drafts of legal proceedings 
(with appropriate qualifications) outside the library or other 
designated location.
    One commenter objected, alleging that by the time the Warden 
approves a request for one inmate to assist another inmate that the 
inmate in need of assistance would in all likelihood already have 
missed a filing deadline. In response, the Bureau notes that the 
procedures for allowing assistance in the law library or other 
designated location have already been approved and do not require any 
additional approval by the Warden. Therefore, the assumption that, in 
general, the inmate

[[Page 4891]]

must wait for approval to be granted is incorrect.
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    \1\ Several commenters used the term ``jailhouse lawyer'' when 
referring to an inmate who offers assistance to another inmate with 
legal matters. In summarizing comment, the Bureau has chosen to use 
the term which appears in the regulations (``assisting inmate'') for 
the sake of clarity.
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    One commenter claimed that prison authorities are required to 
provide adequate assistance to inmates from persons trained in the law 
and cited case law allegedly supportive of the commenter's statement. 
Under pertinent case law, for example, Lewis v. Casey, the Bureau is 
under no such obligation.
    One commenter objected on the grounds that an inmate should not be 
prevented from receiving assistance from another inmate merely because 
one or the other is transferred or placed in special housing. Another 
commenter objected stating that inmates in special housing units would 
be denied all ``next friend'' assistance in preparing their legal 
pleadings. For reasons of security, discipline, and good order, the 
Bureau believes that there must be limitations on access to inmates in 
special housing. Inmates in special housing are often placed there 
because they are dangerous or because they require protection from 
other inmates. Inmates in special housing ordinarily have access to a 
basic law library in the special housing unit. The Bureau acknowledges 
that inmate assistance for an inmate in a special housing unit 
ordinarily would be available only from inmates who are in the same 
special housing unit. The Bureau notes that inmates are not entitled to 
assistance from any particular inmate; it is sufficient that assistance 
is available. Inmates in special housing ordinarily do not remain for 
an extended period of time. Under Lewis v. Casey, this temporary status 
ordinarily does not pose an unreasonable constraint on the inmate's 
access to court. Nevertheless, as noted below, the Bureau has adjusted 
its final regulations to allow special consideration for inmates in 
special housing units. Such consideration would be given on a case by 
case basis at the institution level, and it is not necessary to attempt 
to address this issue further in the regulations.
    A number of commenters, who submitted separately the same comment 
in a form letter, objected stating that the daily rigors of prison life 
would prevent illiterate, uneducated, unknowledgeable, non-English 
speaking, handicapped, and retarded inmates from obtaining legal 
assistance and thereby would impede their access to courts. One 
commenter claimed that the proposed rule did not adequately address the 
needs of mentally ill or incompetent inmates. The Bureau notes that the 
revised regulations represent an improvement on the inmate's access to 
courts with respect to obtaining legal assistance from other inmates by 
allowing inmates to possess other inmates' legal materials in the law 
library or other location if the Warden so designates. Other Bureau 
programming (for example, mandatory literary and English-as-a-Second 
Language programs) already exist to address the general educational 
needs of inmates. Also, legal assistance from attorneys remains 
available to all inmates (see Sec. 543.12). With respect to mentally 
ill or incompetent inmates, such inmates would generally be housed in a 
seclusion unit at a federal medical facility. Other Bureau policies 
provide for representation of inmates not competent to represent 
themselves in certain administrative hearings. In addition, as noted 
below, the Bureau has adjusted its final regulations to allow special 
consideration for the legal needs of inmates in mental health seclusion 
status in federal medical centers (see Sec. 543.11(f)(3)). Such 
consideration would be given on a case by case basis at the institution 
level, and it is not necessary to attempt to address this issue further 
in the regulations.
    Some commenters claimed that the regulation did not address 
difficulties in effectuating transfers of documents. These commenters 
suggest that conflicts in scheduling of leisure time could prevent one 
inmate from meeting another inmate in an approved location. The Bureau 
believes that its regulation is adequate for this purpose. Even in 
instances where scheduled leisure time does not coincide completely, 
inmates have approximately ten minutes during an institution-wide move 
to arrive at a scheduled program or work assignment. Nevertheless, in 
order to address situations where a court deadline is pending, the 
Bureau has modified the final rule to allow an inmate with an imminent 
court deadline to request a brief absence from a scheduled program or 
work assignment in order to provide or retrieve legal materials from an 
assisting inmate.
    One commenter claimed that the system for transferring legal 
material would result in these materials being left unattended in the 
law library and may cause security concerns for that reason. The 
proposed regulation provided that staff may dispose of unattended legal 
materials as nuisance contraband. This provision was not intended to 
direct that staff search for and dispose of unattended legal materials. 
The provision was intended to emphasize to the inmate that legal 
materials left with an assisting inmate can be lost or misplaced due to 
the actions of the assisting inmate. In an abundance of caution, to 
avoid creating the impression that such materials should always be 
treated as nuisance contraband and disposed of by staff, the Bureau has 
removed this provision from this final rule. Internal instructions to 
staff will address the specifics for handling properly identified legal 
materials left unattended in the law library or other designated 
location.
    Some commenters objected claiming that the regulation infringed 
upon an inmate's right to privacy. As evidenced by the specifics of the 
concerns raised, the Bureau concludes that these objections are more 
properly categorized under the general topic of the inmate's access to 
the court. For example, one commenter objected to the provisions in the 
regulation that detailed authorized channels for the receipt of legal 
materials (see Sec. 543.11(d)(1)). This commenter asserted that some of 
the inspection procedures allowed staff to inspect and read material 
being sent to them. These provisions merely reflect existing 
regulations on correspondence (including special mail) and incoming 
publications and were included in the proposed regulation for the 
purpose of reference only. The point of repeating these provisions in 
this regulation is to make it clear to the inmate that special mail is 
an appropriate channel for receiving legal materials. The commenter 
also stated that the regulation would compromise the inmate's ability 
to investigate and report misconduct by prison staff because staff 
would be able to search through all of the inmate's personal and legal 
papers in search of contraband. The Bureau notes that standards of 
conduct for its staff serve to prevent such actions. The final 
regulation is intended to safeguard legal materials (whether during 
staff searches of inmate housing or from other inmates).
    One commenter stated that the proposed regulation was inadequate, 
claiming it did not make allowances for the different types of 
facilities (penitentiaries, camps, etc.). The commenter fails to note 
that the regulations allow the Warden to designate locations other than 
the law library for providing legal assistance. Wardens at different 
types of institutions have the discretion to make appropriate 
allowances based upon the type of institution.
    In light of the above, the Bureau therefore believes that its final 
rule does not pose an impediment to the inmate's access to the court.
    Regarding legal property and personal property, one commenter 
objected that the regulation was vague and did not define what 
constitutes legal documents of another inmate. The Bureau notes that 
Sec. 543.11(d) defines the legal

[[Page 4892]]

materials of an inmate. Logically, this definition can be used to 
identify the legal materials of another inmate.
    One commenter objected, stating that the regulation could be 
interpreted to preclude possession of any non-published court record. 
Another commenter objected, stating that any document filed with a 
court is a public record available to anyone with the funds to purchase 
a copy. The Bureau notes that the regulation allows for the inmate to 
receive legal materials through authorized channels. Therefore, non-
published court records or other public records available from a court 
received through an authorized channel are authorized for possession by 
the inmate, presumably as legal reference material. The Bureau believes 
that the regulation addresses security concerns by preventing the 
unauthorized transfer between inmates of inmate legal materials within 
the institution. As noted above, one Bureau concern is that contraband 
may be inappropriately transferred under the guise of legal materials.
    One commenter objected, stating that inmates needed access to other 
inmate's legal materials for the sake of having access to precedents. 
Such access is best served by obtaining precedents through official 
channels (namely, the court, publisher, etc., or through publications 
contained in the library). As noted above, this requirement avoids the 
security concerns posed by direct inmate transfer of materials.
    One commenter, alluding to laws of contracts and copyrights, argued 
that anything the assisting inmate writes for another inmate should be 
considered the assisting inmate's property. Another commenter suggested 
that written materials are the property of the authoring inmate until 
that inmate delivers them to the inmate being assisted. Bureau 
regulations preclude an inmate from conducting a business. Application 
of contract or copyright law is not relevant here. As noted above, 
reasons of institution security, discipline, and good order motivate 
the Bureau to retain limitations in these revised regulations on the 
possession by another inmate of an inmate's legal materials. The Bureau 
further notes that it has revised its regulation to allow assisting 
inmates to possess handwritten notes and drafts of pleadings they have 
prepared if they do not contain a caption, title of the document, or 
name(s) of inmate(s).
    One commenter objected, stating that the regulation infringed on 
the due process rights of the inmate. This commenter claimed that 
prohibiting inmates from possessing another inmate's legal materials 
denied them of a property right without due process. Other commenters 
claimed a liberty interest in possessing other inmate's legal 
materials, arguing that such an interest was created by past practice 
in some institutions which allowed inmates to possess other inmate's 
legal materials. The Bureau notes that no case law supports these 
contentions. As noted above in this final rule and also in the 
previously published proposed rule, the Bureau's regulation is intended 
to ensure consistency and maintain an appropriate balance between the 
need for institution security, good order, and discipline. For this 
reason, the regulation allows for possession of another inmate's legal 
materials within certain limitations. Those limitations are 
necessitated by the need for institution security, good order, and 
discipline.
    One commenter objected to the proposed regulation claiming that it 
did not adequately address treatment of drafts or copies of legal 
materials. The Bureau has added language to the proposed regulations to 
clarify that an assisting inmate may not possess copies of another 
inmate's legal materials outside the law library or other designated 
location. The final regulations also specify that drafts of pleadings 
which contain the inmate's name and case caption or document title 
prominently of the first page are considered to be the legal materials 
of the assisted inmate. The assisting inmate, however, may create a 
handwritten draft of a pleading for another inmate and may possess that 
draft outside the law library or other designated location so long as 
the draft does not contain a case caption or document title or the 
name(s) of any inmate(s). Such drafts are not considered to be the 
legal materials of the assisting inmate.
    One commenter argued that the rule was unfair to co-defendants who 
are maintaining one set of legal materials. While the Bureau is 
uncertain as to the particular point of this comment, it believes that 
the regulation adequately addresses the needs of co-defendants because 
co-defendants may maintain one set or separate sets of legal materials.
    Comments discussed below did not fall under the general topics of 
access to courts or qualification or possession of personal property 
and legal property.
    One commenter objected to the regulation stating that it failed to 
benefit the courts. This commenter claimed that limiting inmate 
assistance to the library would increase the length of time required to 
respond to pleadings and that the courts would be burdened by requests 
for extension. This commenter stated that allowing inmates to assist 
one another in litigation saved the court's time and also assumed that 
the quality of pleadings would deteriorate. The commenter neglected to 
note that locations other than the law library may be authorized by the 
Warden. With respect to the assumed delays and the quality of 
pleadings, the Bureau again notes that the revised regulations do 
provide for inmate assistance. The commenter's concerns are 
unwarranted.
    One commenter claimed that providing legal assistance to others was 
a religious exercise for him and that as such it would be protected 
under the Religious Freedom Restoration Act. For reasons of institution 
security, discipline, and good order, the Bureau believes that no 
further accommodation beyond what the regulation provides is necessary, 
regardless of the validity of the religious prescription claimed.
    One commenter claimed that the regulation was overly broad and 
infringed upon the inmate's right to free communication without 
furthering an important government interest through the least 
restrictive means. Contrary to the commenter's claim, the Bureau 
believes that there are legitimate penological objectives underlying 
its regulation which satisfies the conditions under Turner v. Safely.
    One commenter claimed that the regulation violated equal protection 
by discriminating against illiterate, uneducated, and non-English-
speaking inmates. The Bureau disagrees with this assertion. As noted 
above, under the regulation these inmates have access to legal 
assistance (whether from an assisting inmate or attorneys). As noted 
above, separate programming is also available for the educational needs 
of these inmates.
    One commenter objected to the regulation stating that it provided 
no place for inmates to work in private. As noted below, the Bureau has 
adjusted its regulation to allow the assisting inmate to produce drafts 
(with qualification) outside of the law library or other designated 
location.
    One commenter objected on general grounds stating that there was no 
valid governmental or penological interest at stake. As noted above, 
the Bureau disagrees with this assessment.
    One commenter objected, stating that ``untrained staff'' would have 
blanket authority to classify any legal document as contraband and that 
consequently the regulation would result in abuses. The Bureau notes 
that it is responsible for the proper training of its staff (whether 
for the purpose of avoiding abuse in

[[Page 4893]]

enforcing this regulation or any of its regulations).
    Some commenters offered alternatives for consideration. One 
commenter recommended that paragraph (f)(2) in Sec. 543.11 be removed. 
Removing paragraph (f)(2) eliminates provisions for possession by an 
assisting inmate of another inmate's legal materials (within the 
limitations proposed by the Bureau which are predicated upon the 
security needs noted above). The Bureau is uncertain about the nature 
of this comment's concern. If the commenter is proposing that the 
Bureau eliminate paragraph (f)(2) in Sec. 543.11 in order to allow 
inmates to possess one another's legal materials without any 
restrictions, the Bureau rejects this proposal. For the reasons set 
forth above, the Bureau believes that there must be limitations placed 
on the extent to which inmates may possess the legal materials of other 
inmates. Alternatively, if the commenter is suggesting that the Bureau 
should completely prohibit inmates from possessing one another's legal 
materials, the Bureau believes that allowing inmates to possess one 
another's legal materials (within the limitations proposed by the 
Bureau) enhances an inmate's ability to obtain access to the court, 
which is one of the purposes of the Bureau's final regulation. 
Therefore, Bureau also rejects this proposal. Another commenter 
advocated allowing the assisting inmate to possess another inmate's 
legal materials in his or her cell so that the assisting inmate could 
work on the materials in the cell. The Bureau, as noted below, has made 
an adjustment to its regulations which allows an assisting inmate to 
work on drafts (with qualifications) in locations other than the law 
library or designated location. As noted above, concerns of institution 
security, discipline, and good order preclude further adjustment on 
this point. Another commenter recommended that the Bureau provide forms 
in the law library which would document an inmate's release of legal 
materials to another inmate. This recommendation does little to address 
the Bureau's security concerns regarding the uncontrolled possession of 
inmate legal materials by another inmate.
    One commenter stated that the California state prison system did 
not impose any restrictions on the possession of inmate legal materials 
and recommended that the Bureau also not impose any restrictions. The 
commenter inferred that no legitimate penological objectives were 
involved as none presumably were apparent to the California state 
prison system. This same commenter also cited instances in which 
various Bureau facilities had authorized the possession by an inmate of 
another inmate's legal materials to a certain extent. The Bureau noted 
in its proposed rule that some institutions had varied from the 
Bureau's prohibition on the possession of another inmate's legal 
materials. Both the proposed rule and this final rule are intended to 
maintain the appropriate balance between the institution's need for 
institution security, good order, and discipline and the ability of 
inmates to assist each other with their legal documents. With respect 
to the cited example of the California state prison system, the Bureau 
notes that to some extent California is acting under a court order and 
that any particular policy of the prison system may not necessarily 
reflect the system's opinion regarding any penological concerns 
associated with allowing inmates to possess one another's legal 
materials.
    This same commenter also advocated two other alternatives to the 
proposed rule. The commenter recommended that the law library provide 
storage for legal materials. Fiscal and space limitations within 
institutions make this suggestion impracticable. The commenter also 
recommended the development of an inmate law clerk program. The Bureau 
currently is evaluating a pilot project along these lines. Such a 
program may be implemented upon conclusion of the evaluation. However, 
the Bureau is not ready to do so at this time.
    This same commenter also recommended including a provision in the 
regulation prohibiting retaliation by staff aimed at inmates who assist 
other inmates. The Bureau believes that such a specific provision is 
unnecessary as staff standards of conduct already prohibit retaliatory 
actions by staff.
    In consideration of the comments above, the Bureau is adopting the 
proposed rule as final with the following changes. In Sec. 543.11, 
paragraph (a) has been clarified to refer to ``scheduled program or 
work assignment'' rather than ``scheduled assignment or program''; 
paragraph (d) has been adjusted to include reference to filings before 
other judicial or administrative body and to clarify that drafts of 
pleadings which contain the inmate's name and case caption or document 
title prominently on the first page are an assisted inmate's legal 
material; provisions in paragraph (f) pertaining to leisure time, the 
definition of legal materials, and the extent to which inmates may have 
copies of legal materials have been clarified; paragraph (f) has also 
been revised to address requirements on the assisting inmate's 
possession of handwritten notes and drafts, the providing or retrieving 
of legal materials from the law library or other designated location, 
possible disposal or return of unattended legal materials, and the 
legal needs of inmates in mental health seclusion status in federal 
medical centers or inmates in controlled housing.
    Members of the public may submit comments concerning this rule by 
writing to the previously cited address. These comments will be 
considered but will receive no response in the Federal Register.
    The Bureau of Prisons has determined that this rule is not a 
significant regulatory action for the purpose of E.O. 12866, and 
accordingly was not reviewed by the Office of Management and Budget. 
After review of the law and regulations, the Director, Bureau of 
Prisons has certified that this rule, for the purpose of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), does not have a significant 
impact on a substantial number of small entities. Because this rule 
pertains to the correctional management of offenders committed to the 
custody of the Attorney General or the Director of the Bureau of 
Prisons, its economic impact is limited to the Bureau's appropriated 
funds.

List of Subjects in 28 CFR Parts 543 and 553

    Prisoners.
Ronald G. Thompson,
Acting Director, Bureau of Prisons.

    Accordingly, pursuant to the rulemaking authority vested in the 
Attorney General in 5 U.S.C. 552(a) and delegated to the Director, 
Bureau of Prisons in 28 CFR 0.96(p), parts 543 and 553 in subchapter C 
of 28 CFR, chapter V are amended as set forth below.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 543--LEGAL MATTERS

    1. The authority citation for 28 CFR part 543 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 
4081, 4082 (Repealed in part as to offenses committed on or after 
November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to 
offenses committed after that date), 5039; 28 U.S.C. 509, 510, 
1346(b), 2671-80; 28 CFR 0.95-0.99, 0.172, 14.1-11.

    2. In Sec. 543.11, paragraphs (a), (d), and (f) are revised, and 
paragraph (h) is amended by revising the last sentence to read as 
follows:


Sec. 543.11  Legal research and preparation of legal documents.

    (a) The Warden shall make materials in the inmate law library 
available whenever practical, including evening

[[Page 4894]]

and weekend hours. The Warden shall allow an inmate a reasonable amount 
of time, ordinarily during the inmate's leisure time (that is, when the 
inmate is not participating in a scheduled program or work assignment), 
to do legal research and to prepare legal documents. Where practical, 
the Warden shall allow preparation of documents in living quarters 
during an inmate's leisure time.
* * * * *
    (d) An inmate's legal materials include but are not limited to the 
inmate's pleadings and documents (such as a presentence report) that 
have been filed in court or with another judicial or administrative 
body, drafts of pleadings to be submitted by the inmate to a court or 
with other judicial or administrative body which contain the inmate's 
name and/or case caption prominently displayed on the first page, 
documents pertaining to an inmate's administrative case, photocopies of 
legal reference materials, and legal reference materials which are not 
available in the institution main law library (or basic law library in 
a satellite camp).
    (1) An inmate may solicit or purchase legal materials from outside 
the institution. The inmate may receive the legal materials in 
accordance with the provisions on incoming publications or 
correspondence (see 28 CFR part 540, subparts B and F) or through an 
authorized attorney visit from a retained attorney. The legal materials 
are subject to inspection and may be read or copied unless they are 
received through an authorized attorney visit from a retained attorney 
or are properly sent as special mail (for example, mail from a court or 
from an attorney), in which case they may be inspected for contraband 
or for the purpose of verifying that the mail qualifies as special 
mail.
    (2) Staff may allow an inmate to possess those legal materials 
which are necessary for the inmate's own legal actions. Staff may also 
allow an inmate to possess the legal materials of another inmate 
subject to the limitations of paragraph (f)(2) of this section. The 
Warden may limit the amount of legal materials an inmate may accumulate 
for security or housekeeping reasons.
* * * * *
    (f)(1) Except as provided for in paragraph (f)(4) of this section, 
an inmate may assist another inmate in the same institution during his 
or her leisure time (as defined in paragraph (a) of this section) with 
legal research and the preparation of legal documents for submission to 
a court or other judicial body.
    (2) Except as provided for in paragraph (f)(4) of this section, an 
inmate may possess another inmate's legal materials while assisting the 
other inmate in the institution's main law library and in another 
location if the Warden so designates.
    (i) The assisting inmate may not remove another inmate's legal 
materials, including copies of the legal materials, from the law 
library or other designated location. An assisting inmate is permitted 
to make handwritten notes and to remove those notes from the library or 
other designated location if the notes do not contain a case caption or 
document title or the name(s) of any inmate(s). The assisting inmate 
may also develop and possess handwritten drafts of pleadings, so long 
as the draft pleadings do not contain a case caption or document title 
or the name(s) of any inmate(s). These notes and drafts are not 
considered to be the assisting inmate's legal property, and when the 
assisting inmate has these documents outside the law library or other 
designated location, they are subject to the property limitations in 
Sec. 553.11(a) of this chapter.
    (ii) Although the inmate being assisted need not remain present in 
the law library or other designated location while the assistance is 
being rendered, that inmate is responsible for providing and retrieving 
his or her legal materials from the library or other designated 
location. Ordinarily, the inmate must provide and retrieve his or her 
legal materials during his or her leisure time. An inmate with an 
imminent court deadline may request a brief absence from a scheduled 
program or work assignment in order to provide or retrieve legal 
materials from an assisting inmate.
    (3) The Warden may give special consideration to the legal needs of 
inmates in mental health seclusion status in federal medical centers or 
to inmates in controlled housing.
    (4) The Warden at any institution may impose limitations on an 
inmate's assistance to another inmate in the interest of institution 
security, good order, or discipline.
* * * * *
    (h) * * * Staff shall advise the inmate of any delay in the typing 
of which they have received notice from the stenographer.
* * * * *

PART 553--INMATE PROPERTY

    3. The authority citation for 28 CFR part 553 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4042, 
4081, 4082 (Repealed in part as to offenses committed on or after 
November 1, 1987), 4126, 5006-5024 (Repealed October 12, 1984 as to 
offenses committed after that date), 5039; 28 U.S.C. 509, 510; 28 
CFR 0.95-0.99.

    4. In Sec. 553.11, paragraph (d) is revised to read as follows:


Sec. 553.11  Limitations on inmate personal property.

* * * * *
    (d) Legal materials. Staff may allow an inmate to possess legal 
materials in accordance with the provisions on inmate legal activities 
(see Sec. 543.11 of this chapter).
* * * * *
[FR Doc. 97-2624 Filed 1-30-97; 8:45 am]
BILLING CODE 4410-05-P