N.Y. Comp. Codes R. & Regs. tit. 9 § 7031.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 7031.4 - Access to legal reference material

(a) Consistent with the requirements of this Part, each local correctional facility shall provide prisoners access to current legal reference materials.

(b) Each local correctional facility shall provide prisoners access to:

(1) New York State Correction Law Annotated;

(2) New York State Penal Law Annotated;

(3) New York State Criminal Procedure Law Annotated;

(4) Title 9 of the Official Compilation of Codes Rules and Regulations of the State of New York Subtitle AA;

(5) a legal dictionary;

(6) form books for use in conjunction with:

(i) New York State Criminal Procedure Law;

(ii) New York State Civil Practice Law and Rules; and

(iii) title 42, sections 1981-1988, and title 18, sections 4001-4321, of the United States Code Annotated;

(7) a treatise with respect to:

(i) New York State Civil Practice Law and Rules;

(ii) New York State Penal Law;

(iii) New York State Criminal Procedure Law; and

(iv) actions commenced pursuant to title 42 of the United States Code, section 1983;

(8) a New York State case law digest, or comparable search function of an electronic legal research service, capable of retrieving relevant case law on the topic of:

(i) criminal law; and

(ii) prisoners and prisons;

(9) the United States and New York State Constitutions;

(10) a treatise on prisoner's legal rights and remedies;

(11) New York State Civil Practice Law and Rules Annotated;

(12) title 42 of the United States Code Annotated, sections 1981-1988;

(13) title 18 of the United States Code Annotated, sections 4001-4321; and

(14) a treatise on legal research.

(c) Where one or more legal reference materials set forth in subdivision (b) are not maintained within the facility, or are maintained in a manner that does not permit direct access by a prisoner, the prisoner shall be provided access to a list of such available materials, sufficiently indexed to allow for a competent request by chapter, article, section, etc. Any such resulting request shall be made in writing and shall include the:

(1) name of the requesting prisoner;

(2) date of the request;

(3) name of the facility staff member receiving the request; and

(4) material requested.

(d) Legal reference materials requested pursuant to subdivision (c) of this section shall be made available within three business days of the request. Costs attendant to printing or photocopying such materials shall not be charged to the requesting prisoner.

(e) Each local correctional facility shall additionally provide prisoners access to:

(1) United States Code Annotated;

(2) New York State Consolidated Laws;

(3) reported decisions of the Courts of New York from 1960 to date;

(4) reported decisions of Federal District Courts, Federal Circuit Courts of Appeals, and the United States Supreme Court from 1960 to date;

(5) a Federal case law digest, or comparable search function of an electronic legal research service, capable of retrieving relevant case law;

(6) a New York State case law digest, or comparable search function of an electronic legal research service, capable of retrieving relevant case law;

(7) Shepard's; and

(8) Federal and New York State legal forms.

(f) Prisoner requests for legal reference materials set forth in subdivision (e) shall be made in writing and shall include the:

(1) name of the requesting prisoner;

(2) date of the request;

(3) name of the facility staff member receiving the request; and

(4) material requested.

(g) Legal reference materials requested pursuant to subdivision (f) of this section shall be made available within three business days of the request.

(h) The chief administrative officer may require that requests made pursuant to subdivision (f) of this section include with respect to the material requested:

(1) citations;

(2) section references; or

(3) any other specific delineation of the requested portion of a legal reference volume.

(i) The chief administrative officer may comply with prisoner requests for legal reference material listed in subdivision (e) of this section by:

(1) providing specific volumes of requested legal reference material from a community library or any other source; or

(2) providing photocopies of requested portions of a legal reference volume.

(j) Legal reference material photocopied pursuant to paragraph (i)(2) of this section shall for indigent prisoners be photocopied at facility expense. The costs attendant to photocopying such material for prisoners other than indigent prisoners may, in the discretion of the chief administrative officer, be charged to such prisoners. Legal reference material photocopied at facility expense may be retained by the facility for prisoner use.

(k) With respect to legal reference material requested pursuant to subdivision (f) of this section, the chief administrative officer may establish reasonable limitations on:

(1) the amount of legal reference material prisoners may request at any one time; and

(2) the number of request for legal reference material a prisoner may make each week.

(l) All prisoners shall be provided access to, and indigent prisoners shall be provided at facility expense, with supplies necessary for the preparation of legal matters, including:

(1) pens or pencils; and

(2) paper.

(m) All prisoners shall be permitted to have access to either black ink pens or typewriters for the purpose of preparing legal documents.

(n) Prisoners shall be permitted to use legal reference materials in any area specifically designated for legal work. If such an area is not available, prisoners shall be permitted to use legal reference material in facility housing areas. In the discretion of the chief administrative officer, prisoners may be permitted to use legal reference materials in both a specifically designated area and in facility housing areas.

(o) The chief administrative officer shall establish written guidelines for the use of all legal reference materials and supplies. Such guidelines shall be designed to ensure that prisoners have sufficient access to such materials and supplies, providing further consideration to prisoners acting pro se with regard to a criminal proceeding or a matter related to the conditions of his or her confinement.

(p) Any prisoner who is found, in accordance with the provisions of Part 7006 of this Subtitle, to have intentionally damaged any legal reference materials or supplies available pursuant to this Part may be subject to disciplinary action including restitution.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7031.4