T~L'~em .=.f IJi=_c_~~r== t:~r~~d approve ;~~_ir-cl~iasir~y a Law Li.brr~~r,~ Far tt-~e Kerr Co~mty ,?'a.i.l. ~Sher-i.ff> Thi<.; item wa<.; disc~.rssed L,y the Court and no action Wa'=~ tr:3l:er-~ a~t thus time. Commissi.pner Lehman suggested thrat wE- study tl-~i<.; item in more detail. and the =edge agr'~eed with C:omnii.ssi.crner Lehman. The J'~,tdge also statE~d that we st•~o~-il.d addres<., ttris item when and ii` we get a contract or. ~Feder-a.l ~.l T"7. SCS iI E'1'S. Item 2.6 Discuss and approve purchasing a Law iabrary for the Kerr County Jail. (Sheriff) September 23, 1996 Vol U pg 692 i i i i 1 i i COMMISSIONERS' COURT AGENDA Rr,~UEST PLEASE FURNISH U1yN. (Uitli:INAL AND FIVE COPIES OF THIS RcyUEST ruJD DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Sheriff Frances A. Kaiser OFFICE: Sheriff's Office MEETING DATE: A / ~ 3 / 96 TIME PREFERRED: aM SUBJECT. (PLEASE BE SPECIFIC) Discuss and approve~~rc~ basing a law library for the Kerr County Jail with excess funds from the 95-96 budget and paving for the upkeep with proceeds from the inmate phone system commission checks. See attched justification. EXECUTIVE SESSION REQUESTED (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION IF PERSONNEL MATTER -NAME OF EMPLOYEE. NAME OF PERSON ADDRESSING THE COURT 10 minutes tv A ~% Sheriff Frances A. Kaiser and Pat Carney of Law Libraries, Inc. Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON 5'00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. LAW LIBRARIES INCORPORATED P.O. DRAWER 2140 SEGUIN, TEXAS 78155 ~' (210) 372-5446 • FAX (210) 372-5463 August 09, 1996 Sheriff Frances Kaiser 400 Clearwater Paseo Kerrville, Texas 78028 Dear Sheriff Kaiser: ~. ; , ,,,~, ~, 5 [n accordance with your request and my conversation with Carol Twiss Law Libraries Incorporated proposes to sell to Kerr County Law Enforcement Center the following sets of law books which constitute your mandated law library requirements. U.S. Code Annotated 800. U. S. Supreme Ct. Re,p. Vol. 70-112 750. Federal Reporter Vo1.300-9992d;1-813d. 3000. Federal Supplement Vol. 176-910 3000. Federal Digest 3&4 (incl U.S.) 1500. S.W. 2d. (TCO) 327-917 1500. Vernon's Tx•. Statutes 9501` Texas Digest 2d. 1100. Wright Criminal Vol. 1-2a n/c Shepard's Tx. Citations 800. Corpus Juris. Crim. Vols. 20-24 300. Texas Practice Vols. 1-2a;6,7-8 300. Tx. Penal Statutes 275• Tx. Legal Directory n/c Shepard's U.S. & Fed. Citations **** Sokol Habeas Corpus nlc The total cost to you of the above is $14,275. The approximate annual maintenance is $4000. We guarantee all sets to be in excellent condition and to your satisfaction at the time of delivery. We will install the sets in your facility as part of our service. We will also assist you in initiating subscriptions with the publishers. Should you wish to verify our service please call Mr. Jack Douglas at TDC, 409-294-2905 and if you would like additional references call Mr. Jimmy Allison, Bexar County Library Director, 210-227-8822. You can also check other references which I will provide upon request. We look forward to being of service to you and guarantee your satisfaction. Syi~cere .`/[/_/~ Buying, selling and appraising Lain Libraries nationwide JUSTIFICATION FOR JAIL LAW LIBRARY Presently, a jail staff member is spending approximately b-8 hours per week traveling to the Courthouse and looking up law books to check out from the District Clerk for inmates. The State Jail Commission and the Federal Jail Standards require inmates to either (1) be appointed an attorney for any civil, criminal or administrative legal matters or (2) be given access to a law library. The District Clerk will allow only 3-6 books to be checked out at a time. These books may only be kept for 1 day and not over a weekend. This often causes jailers to have to go back for the same book several times. The jail staff are not very familiar with legal books and without help have a difficult time finding the books the inmates have requested. This causes the jail staff to spend time away from their assigned jailer duties and as ourjail population increases, we expect this need to increase also. Attached is a copy of a proposal from Law Libraries Incorporated. This company will install a law library, assist in initiating subscriptions with publishers and provide annual maintenance. The initial cost will be J $14,275 with an annual cost of $4000 for maintenance. ~i~7~^F'~3 38. ~ ~''"` ~"' I propose we purchase this law library with some of the left over money in this year's jail budget and use money received for the inmate phone service to pay the annual maintenance costs, which consists of subscribing to the publishers for the monthly updates to be added to the library. This proposal will save both the District Clerk and the jail staff time and effort while still allowing the inmates their right to have access to a law library on their own time to look up the books they want. 4 3 }Y #~ ~ _ :. ~Y t ~ ~ Y 4° L~ @ . ~ ~~ ~~ u'w'_ i. S:. -. .:~ _. -. .. aC1 Chapter 5 B. ACCESS TO COURT, MAIL PRIVILEGES, AND WORK ASSIGN- MENTS Access to the courts can be allowed in a variety of ways, including providing law materials or by having acourt-appointed attorney. This access is protected by the Due Process Clause of the Fourteenth Amendment, which states that "no State shall deprive any person of life, liberty, or property without due process of law." 2 DOES YOUR JAIL HAVE ITS OWN LAW LIBRARY? N=211 No = 75% (158) Yes = 25% (53) Given the big expense in buying law books, it is surprising that 25% of county jails say they have their own law libraries. This perhaps indicates an acceptance by counties of the need for such facilities in view of judicial mandates for access to court. In one case, the United States Supreme Court said that "the fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law." Bounds v. mi h 430 U.S. 817 (1977). Minimum Jail Standazds, Section 217.07.01.014, states that "Space should be allocated for a kitchen, inmate commissary, and library, if conditions warrant." HOW DO YOU PROVIDE INMATES ACCESS TO THE COURT? N=210 (Multiple answers) AppointedAttomey 92% (193) Law Library 63% (133} Xeroxing Legal Material 40% (83) Paralegal 4% (9) Microfiche less than 1% {1) Others 6% (12) 56 Procedures and Practices in Texas Countv Jails TO COURT, MAIL AND WORK ASSIGN- [s can be allowed in a variety of ways, [aterials or by having acourt-appointed ~tected by the Due Process Clause of the hich states that "no State shall deprive y, or property without due process of AVE ITS OWN LAW LIBRARY? (158) (53) nse in buying law books, it is surprising y they have their own law libraries. This stance by counties of the need for such al mandates for access to court. In one preme Court said that "the fundamental ,s to the courts requires prison authorities :pazation and filing of meaningful legal oners with adequate law libraries or persons trained in the law." Bounds v. ~). Bards, Section 217.07.01.014, states that i for a kitchen, inmate commissary, and nt." IDE INMATES ACCESS TO THE iple answers) 92% (193) 63% (133) terial 40% (83) 4% (9) ~ 1% (1) 6% (12) Although only 25% of the respondents in the previous question said that they have their own law library, 63% said that a law library is one way whereby inmates are afforded access to the courts. This seeming inconsistency is explained by the practice in many counties which do not own a law library of allowing inmates access to available libraries owned by government or private persons. The category of "others" includes bringing in books and materials requested by the inmates (7 counties), notary service (2 counties), hand delivery of inmate mail to court (2 counties), and legal researchers to assist inmates through the mail (1 county). It is interesting to note that 210 counties of the 212 returning the survey stated that they provided inmates' access to the courts in some form. This is indicative of an awareness of recent rulings on access to the courts. IS A LAWYER PROVIDED FOR AN INMATE WHO IS INDIGENT? N=210 Yes = 99.5% (53) The 99.5% "yes" response is not surprising, but is instead indicative of the general awazeness of the 1963 case of Gideon v. Wainwright, 372 U.S. 335, where the Supreme Court held that the Sixth Amendment right to counsel is applicable to state proceedings through the due process clause of the Fourteenth Amendment.3 This applies only to felony cases. However, in the case of Ar e~ rsinger v. Hamlin, 407 U.S. 25 (1972), the Supreme Court ruled that the right to counsel applies in misdemeanor cases if the defendant could be imprisoned if convicted.4 What is surprising is that one county indicated that it does not provide a lawyer for an indigent inmate. IF YES, WHAT ARRANGEMENT IS MADE? N=209 (multiple answers) Lawyer provided is paid by the county Lawyer is provided by local lawyers' association without cost to county Other arrangements? 56 I 57 = 100% (209) = 9% (2) = 2% (5) '{2' :a:'?t , 38. Access to counsel/law lip ry. (Ref. ACA 5294, 5295) 5294 Written policy and procedure ensure and facilitate the right of inmates to have access ' to attorneys and their authorized representatives. (Detention-Essential, Holding-Essential) i ' , . Discussion: Every effort should be made to facilitate privacy in contacts between attorneys and their clients. Unsentenced and sentenced inmates should be able to consult with attorneys, their representatives, or experts retained by them. Provision should be made for contacts dur- ing normal facility hours, for uncensored correspondence and telephone communication, and for all after hours visits requested on the basis of special circumstances. Attorney substitutes representing the attorney of record, or other legally authorized attorney substitutes, have ac- cess to the facility. 5295 Inmates have access to legal materials if there is not adequate free legal assistance to help them with criminal, civil and administrative legal matters. (Detention-Essential, Holding-Essential) Discussion: The constitutional right of access to the courts requires that, when requested, inmates receive assistance in preparing and filing legal papers. This should include assistance from persons with legal training, law school legal assistance programs, the public defender's office and law library facilities. If a law library is available, a minimum collection should in- clude: state and federal constitutions, state statutes and decisions, procedural rules and deci- sions and related commentaries, federal case law materials, court rules and practices treatises, and legal periodicals and indexes. 39. Visiting/mail policy and procedure. (Ref. ACA 5299, 5300) 5299 Written policy and procedure grant inmates the right to receive visits, subject only to the limitations necessary to maintain order and security. (Detention-Essential, Holding-Essential) Discussion: Because strong family and community ties increase the likelihood that the inmate will succeed after release, visits to inmates should be encouraged. Provision should be made for visitation in pleasant Surroundings, with minimum surveillance to allow privacy. Ar- rangements always should be made to ensure inmates' confidential visits with attorneys. No restrictions should be made on inmate visitation rights, except when the administrator or designee can provide substantial justification for the restriction. (See related standards 5337, 5339, ad 5340) 5300 Written policy and procedure grant inmates the right to communicate or correspond with persons or organizations, subject only to the limitations necessary to maintain order and security. (Detention-Essential, Holding-Essential) Discussion: Access to the public is an integral pazt of rehabilitation. Inmates should be permitted to communicate with their families and friends, as well as with public officials, the courts and their attorneys. All correspondence should be uncensored, except where substantial reasons dictate otherwise. Only the facility administrator or designee should authorize censor- ing of inmate correspondence. 40. Discipline/grievance procedures. (Ref. ACA 5303, 5305) 5303 A written grievance procedure is made available to all inmates and includes at least one level of appeal. (Detention-Essential, Holding-Essential) 21 Kerr County Jall ' SECURITY TELECOM CORP, 1477 650196CDMM 06/01/96 1,349.21 18940 1,349.21 0.00 1,349-21 ~1~" • / ///"' .~rG /6 ~' y_, ~ -------------- $1,349.21 COMERICA SECURITY TELECOM CORP. DALUS. TExas 75223 1209 WEST NORTH CARRIER PARKWAY. SUITE 300 32-75-1110 GRAND PRAIRIE. TEXAS 75050 PAY ********1,349 DOLLARS AND 21 CENTS 18940 DA AMOUNT m niE Kerr County Jail 08/23/9 $******1,349.21 ORDEfl 700 Main Street OF: KE'YrVllle TX 78028 VOID AFTER 90 DAYS E ,; a u^OL894011' ~:L1i000753~: II'736L003929u^ SECURITY TELECOM CORP. Kerr COLlnty Jall 2 0 0 7 2 4b29 06019bCOM 07/Ol/9b 1,b77.b1 1,b77.b1 0.00 1,b77.61 ;r ~..; ; ;I!„ ,i,. $1,b77_bl COMERICA 2 0 0 7 2 SECURITY TELECOM CORP. DALLAS. TExAS 75223 1209 WEST NORTH CARRIER PARKWAY. SUITE 300 32-75-1110 GRAND PRAIRIE, TEXAS 75050 PAY ********1,b77 DOLLARS AND bl CENTS AMOUNT ToTME Kerr County Jail 08/30/9b $******1,b77.b~ ORDER 700 Main Street ~- oP: Kerrville TX 78028 VOID AFTER 90 DAYS M li'020072u' r,LL1000753~: II'736L0039~29n'