Jails Resources

Question:
I want to know if I need to have a law library in my jail. What kinds of issues should I consider? What information do I need?

Answer:
Like so many issues in corrections, the answer is: it depends. The point is not necessarily having a law library, but rather providing reasonable access to legal materials and the courts.

Nothing below is a recommendation or opinion from NIC. What is provided is information and resources so you can make an informed decision concerning how inmates at your facility can have access to legal materials and the courts - which can include a law library in the jail itself.

If there are prevailing state jail standards or relevant case law in your jurisdiction, you will need to meet those concerning access to legal materials and access to courts. Absent that, you might want to consider the American Correctional Association (ACA) Adult Local Detention Standards as well ACA's Core Jail standards as a basis for your policies. Here are the two relevant standards:

ACA standard 4-ALDF-6A-03 (Accreditation standards)

"Inmates have access to a law library if there is not adequate free legal assistance to assist them with criminal, civil, and administrative legal matters. Inmates have access to legal materials to facilitate the preparation of documents"

ACA Standard 1-Core-6A-03 (Core Jail Standards)

"Inmates have access to legal materials"

You will want to consider what the courts have said. Take a look at the following:

"Jails and the Constitution: An Overview"

NIC publication authored by William Collins

Text from page 68:

"Over the years the Supreme Court decided several access to the courts cases involving inmates. The most important came in 1977, when the Court said that prison administrators have the affirmative duty to provide inmates with assistance or resources to allow them to meaningfully exercise their right of access to the courts, Bounds v. Smith. Assistance could take the form of persons trained in the law (such as lawyers, paralegals, or law students), adequate law libraries, or some combination of these. A 1996 Supreme Court decision dealing with access to the courts reaffirmed the core principle in Bounds, i.e., that the institution has an affirmative duty to provide some form of assistance (libraries or persons trained in the law) sufficient to give inmates the capability of filing non-frivolous lawsuits challenging their sentence or the conditions of their confinement, Lewis v. Casey."

"The principle from Bounds (and now Lewis) has been extended to jails, although application of the principle may be slightly different in the jail context depending in part on how long inmates remain in the jail. The longer an inmate remains in a jail, the more the right of “access to the courts” places the same demands on the jail as it does on the prison"
Document ID: 022570

Here are actual case law summaries:

The Due Process Clause of the Fourteenth Amendment guarantees state inmates the right to "adequate, effective, and meaningful" access to the courts. Bounds v. Smith, 430 U.S. 817, 822, 97 S.Ct. 1491, 1495, 52 L.Ed.2d 72 (1977); Green v. Johnson, 977 F.2d 1383, 1389 (10th Cir.1992). We impose "affirmative obligations" on the states to assure all inmates access to the courts and assistance in the preparation and filing of legal papers. Ramos v. Lamm, 639 F.2d 559, 583 (10th Cir.1980), cert. denied, 450 U.S. 1041, 101 S.Ct. 1759, 68 L.Ed.2d 239 (1981). The Supreme Court instructs that states may satisfy this duty "by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law." Bounds, 430 U.S. at 828, 97 S.Ct. at 1498. Although this constitutional obligation does not require states to afford inmates unlimited access to a library, Twyman v. Crisp, 584 F.2d 352, 358 (10th Cir.1978), and there exists no rigid or static formula to assess whether a prison library's resources pass constitutional muster, Johnson v. Moore, 948 F.2d 517, 521 (9th Cir.1991), states must provide inmates with "a reasonably adequate opportunity" to present their legal claims.

In more understandable language:

"The Due Process Clause of the Fourteenth Amendment guarantees state inmates the right to 'adequate, effective, and meaningful' access to the courts." Petrick v. Maynard, 11 F.3d 991, 994 (10th Cir.1993) (quoting Bounds v. Smith, 430 U.S. 817, 822 (1977)).

The guarantee of court access is satisfied "by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law." Bounds, 430 U.S. at 828.

Related resources:

Question:

We get periodic complaints from inmates about the temperature in their cells. Sometimes we do issue extra blankets but need to watch for hoarding. Is there an ideal temperature setting for institutional housing units?

Answer:

There are recommended ranges of temperature (often called comfort zones) which can vary by season. The problem is there is an objective component but also a subjective component (not everybody "feels" temperature or comfort the same). Since heating and cooling systems in institutions are complex, try to achieve a "happy medium" within the recommended ranges.

This issue is not as simple as temperature. Thermal comfort is a combination of temperature, humidity, activity levels, metabolic rate, clothing, season, etc. It gets really complex. To appreciate how complex calculating thermal comfort is, look at the factors needed for this Thermal Comfort Tool online calculator.

The American Correctional Association standards, which are voluntary unless you are undergoing accreditation with them, state:

"Temperature and humidity are mechanically raised or lowered to acceptable comfort levels." The previous version of that standard used to refer to "acceptable summer and winter comfort zones."

The general standard concerning building comfort levels is ASHRAE 55 Thermal Environmental Conditions for Human Occupancy. (2010). Builders and maintenance folks tend to conform to ASHRAE 55 standards in terms of building thermal comfort. They are not mandatory unless they have been adopted as part of a jurisdiction's building code or environment climate codes.

A given temperature will not meet the needs of everybody in the same environment. While not a jail or prison but an office environment, this article The Thermal Comfort Zone concludes that it may not be possible to provide thermal conditions that please all occupants all the time (but that hasn't stopped facilities managers from trying):

"ASHRAE indicates thermal comfort is achieved when environmental conditions satisfy 80 percent of office occupants suggests just how difficult it is to please all occupants even some of the time."

Bottom line: consider this in your decision making

1. How many inmates are requesting extra blankets? If it is just a few, you are probably within norms, but might want to honor those requests. Everybody feels temperature differently, so those requests can be legitimate. So unless there is a hoarding issue, or it has become a "game", perhaps second blankets are easier than inmate grievances, litigation, and behavior issues.
2. Keep in mind some differences: 70 degrees with low humidity might feel cool to an inactive population while staff who are moving around feel just fine. So anything in a range of 69-76 degrees could be acceptable in terms of thermal comfort depending on levels of humidity (and factoring in ambient conditions in summer or winter).
3. A good solution is to get your agency to request an assessment by a legitimate building services provider or institutional heating and cooling systems specialist to measure comfort levels in all housing units. It is important to document your efforts at providing an acceptable housing environment for the offenders.

Here is how a major jail system deals with issues around "abnormal temperature conditions" . It might give you some ideas for policy and procedure. It actually comes in collaboration their Department of Environment Health:

1. What temperatures (indoor and outdoor) are considered outside the normal range and require notifications/actions?
   The Department requires that tour commanders notify the warden and the assistant commissioner for environmental health of any temperatures that are below 68° F. in all are as and above 80° F. in medical, mental health, and air conditioned areas. The assistant commissioner for environmental health initiates two hour temperature monitoring, so that decisions can be made whether inmates need to be relocated. For temperatures below 68° F. maintenance is notified to repair the heating system. Inmates are provided with additional blankets, clothing if necessary, and hot beverages. Inmates are relocated if the heat will not be repaired in a reasonable number of hours and the temperature remains below 68° F., if maintenance determines that the heat cannot be repaired, or if the temperature is below 60° F. Again, this is at the discretion of the assistant commissioner for environmental health and security. At temperatures at or above 80° F., maintenance is notified to repair the air conditioning, ice is provided for the inmates, two fans are placed in the housing areas, and it is determined how many heat sensitive inmates are housed in the area. Heat sensitive inmates will be relocated if the temperatures reaches or exceeds 85° F., if the temperature remains above 80° F. for a period of time and maintenance is unable to resolve the issue within a reasonable amount of time, or if the air conditioning cannot be repaired that day. Any non-heat sensitive inmates will remain in the housing area.
    
2. At what temperatures, both hot and cold, is outdoor recreation restricted?
   At what high and low temperatures is it prohibited? Outdoor recreation is canceled at the discretion of the tour commander since it is voluntary and inmates may decide not to participate.
    
3. How is the status of "heat risk inmate" conveyed by medical staff to correctional staff?
   The medical staff submit a heat sensitive identification form to the clinic captain.
    
4. What are the temperature thresholds for heat risk subjects?
   In general, heat sensitive inmates are housed in air conditioned areas. The Department makes notification of high temperatures at 80° F. allowing time to correct the air conditioning deficiency before we would relocate the heat sensitive inmates at 85° F.
    
5. What discretionary language, if any, is used to permit judgment calls with regard to allowing outdoor recreation?
   Outdoor recreation is held at the discretion of the tour commander.

This Knowledgebase focuses on the use of volunteers in criminal justice settings. Volunteers can and do provide a variety of services within state and local correctional systems. These include but are not limited to the following:

• Providing special instruction in a particular area such as tutoring and conducting classes.

• Assisting staff in daily office activities to free them for more direct work with inmates.

• Organizing or officiating games during recreation and sports related activities.

• Providing assistance to facility's library by collecting books.

• Serving as resource to advise inmates on various topics such as developing a budget or employment preparation.

• Assisting with religious related activities such as worship services or study of scriptures.

• Participating with an organized group already active at facility such as Yokefellow Prison Ministry, Alcoholics Anonymous or Prison Fellowship.

• Providing or coordinating special entertainment events such as singing groups and plays.

• Assisting in locating suitable residence and/or employment plans for an inmate before release.

• Providing transportation to employment or for family to visit facility.

• Serving as a role model by being a sponsor for an eligible inmate and escorting them to approved activities in the community.

• Serving as member of facility's Community Resource Council. 

We are reviewing our facility's inmate library procedures. We would like to know how other facilities handle the inmate library process. Can you help?

We have found that professional librarians are very willing to share their expertise. Don't forget to draw upon your local public or college/community college library staff to assist you or serve as an advisory group.

Meanwhile, take a look at the following resources. Both prison and jail library information are included since the issues are the same.

Question:

I need to revise our jail policy and procedure manual. Can you direct me to resources that will help me? I'd also like to see any jail policy manuals that are available.

Answer:

Some jail-specific policy examples and resources are provided below. As always, there are no such things as ideal or perfect polices, so you can review examples but make sure the revision you build in to your manual reflect your needs, statutes, prevailing case law, and prevailing professional practices. The American Correctional Association (ACA) Standards for Adult Local Detention Facilities as well as their Core Jail Standards, make a good basis for jail policies.

Question:

Where can I find information (address, phone numbers, warden, etc.) for all the prisons/jails in the U.S. by state?

Answer:

The information is more thorough for states that have individual webpages or summary pages for their prisons on-line. You will need to check each linked site for specific information beyond just facility name.

• 2013-2014 National Jail and Adult Detention Directory
• List of U.S. Bureau of Prisons - Federal Prison Facilities

There is no easily accessible, no-cost, comprehensive list of prisons with actual addresses and phone numbers all in one site or document. 

The American Correctional Association (ACA) has an annual directory of all the state DOCs ($100) which includes all prisons (as well as other correctional services) by state and very often the private prisons as well. If you contact the American Correctional Association, they can provide you a mailing list/contact list for prisons (for a fee). American Correctional Association (ACA) general number: (703) 224-0000

Department of Corrections Facilities by State:

Other on-line inmate locator resources:

• General inmate locator resource: (This may require a fee for a public record check)

No, NIC does not certify jails, even with a court order. NIC is not an investigatory or regulatory agency. NIC’s interest is in determining how best you can provide detention services in your community in a manner that is safe for inmates, staff and the public.

Does the National Institute of Corrections certify jails?

No, the National Institute of Corrections does not certify jails because it isn't a regulatory agency nor is it investigatory agency. NIC does help jails improve their training, processes, and procedures to better serve their incarcerated individuals, staff, and community.