Policy Text
Correctional Services P age 1 of 5 8/08 (REV 1/12)
MJ/RCCC
OPERATIONS ORDER
In Propria Persona (Pro Per) Status Prisoners
The purpose of this Order is to standardize procedures to ensur e In Propria Persona
(Pro Per) status prisoners receiv e all lawful privileges grante d them by court order at the
Main Jail and the Rio Cosumnes Correctional Center (RCCC).
I. Policy
Custody staff shall ensure that Pro Per status prisoners are af forded all rights and
privileges reserved for a prisoner granted In Propria Persona ( Pro Per) status.
II. Pro Per Status
A. Definitions
1. A “Pro Per” inmate is an inmate acting as his/her own attorn ey in a
criminal proceeding in which the inmate is the defendant or petitioner, or a plaintiff or petitioner in a civil rights acti on contesting
the conditions of his/her confinement.
a. Inmates involved in civil, f amily or other court proceedings
do not qualify for Pro Per privileges. Inmate s involved in non-
qualifying court matters will be granted normal law library
access, as stated in Operations O rder 8/07, to further their
respective actions.
B. Generally a prisoner with Pro Per status will be housed at t he Main Jail
due to its close proximity to t he courts and legal counsel. Ex ceptions will
be made on a case by case basis.
C. A prisoner may act in Pro Per status only upon a court order that has been
received by the law librarian. A Pro Per status prisoner’s pri vileges are
stipulated in this Order and in the court order. If the court o rder allots more
privileges than this Order allows, the court order shall be fol lowed.
D. The law librarian shall create a Jail Inmate Management Syst em (JIMS,
PF-4 and PF-10) report to reflect prisoners Pro Per status.
E. The Law Librarian will keep a copy of each Pro Per status pr isoner’s court
order.
F. The law librarian will assist Pro Per status prisoners in th e law library, but
may not perform any legal res earch on the prisoners behalf.
Correctional Services P age 2 of 5 8/08 (REV 1/12)
MJ/RCCC G. Access to the law library shall be limited to those material s that are
relevant to the current charges p ending against the prisoner on his/her Pro
Per order.
III. Writing Materials/Lega l Materials/Legal Research
A. A Pro Per status prisoner shall be permitted to have availab le to him/her in
the jail, a jail issued penc il, paper, and regular manila folde rs.
1. Supplies issued by the law librarian may be limited due to b udget
constraints.
2. If not indigent, Pro Per stat us prisoners are to purchase su pplies
from commissary.
3. Custody staff shall photocopy i n confidence any materials a
prisoner needs to be duplicated.
B. A Pro Per status prisoner is authorized to receive directly from a publisher,
in paperback form, legal journals, law reviews, and other legal documents
delivered to him/her by mail.
C. Pro Per status prisoners will be allowed to use legal resear ch material.
The prisoner is allowed to use the law library for at least two (2) hours per
week and is allowed copies of up to five (5) case citations and f i v e ( 5 )
code citations per week up to a 25-page maximum.
1. Upon submission by the defendant of a list of legal research
material by 0800 hours of a business day, custody staff will ob tain
and deliver these materials to the defendant by 1700 hours the next
business day.
2. The law librarian will maint ain a log for the legal research materials
requested and those that are delivered to the Pro Per status prisoner. The date and time they are requested and delivered t o
the prisoner and the date and time they are returned to the law
library will be logged.
IV. Pro Per Telephone Calls and Mail
A. Custody staff shall allow a Pro Per status prisoner one tele phone call per
day at a time convenient to custody staff. Each telephone call shall be
limited to not more than fifteen minutes.
1. The telephone call is restrict ed to use in connection with t he
preparation of the prisoner’s case and is restricted to telepho ne
calls to the prisoner’s court-appoi nted investigator and/or adv isory
counsel, if any such appointm ent is made by the court.
Correctional Services P age 3 of 5 8/08 (REV 1/12)
MJ/RCCC a. Law Library staff will update on each inmate’s “PF-4” screen
the name and phone number of the Pro-Per inmate’s
investigator and/or advisory c ounsel. The numbers listed will
be the only numbers authorized f or calling during Pro-Per
phone calls.
2. The prisoner shall notify custody staff that he/she intends to make a
legal telephone call.
3. Custody staff shall log the telephone call and the number ca lled.
Custody staff may witness the dia ling of the call but may not l isten
to or monitor the call. All calls made within the facility are recorded.
Pro Per legal phone calls shall not be listened to without appr oval
by the Division Commander or designee and only with just cause regarding potential abuse o f Pro Per privileges