doc_1500778

Policy 603Santa Ana Police Department Custody Manual Copyright Lexipol, LLC 2025/05/23, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Access to Courts and Counsel - 1Access to Courts and Counsel 603.1 PURPOSE AND SCOPE The purpose of this policy is to protect the constitutional rights of incarcerated persons to access the courts and legal counsel, while holding incarcerated persons accountable to the rules and regulations that govern conduct in this facility. The staff at every level is reminded the fundamental constitutional right of access to courts does not end when a person is incarcerated. 603.2 POLICY It is the policy of this Department that all incarcerated persons will have access to the courts and the ability to consult with legal counsel (15 CCR 1068). 603.3 INCARCERATED PERSON ACCESS Staff should not unreasonably interfere with incarcerated persons' attempts to seek counsel and where appropriate should assist persons with making confidential contact with attorneys and authorized representatives. Access to courts and legal counsel may occur through court-appointed counsel, attorney, or legal assistant visits, telephone conversations, or written communication. To facilitate access, this facility will minimally provide: •Confidential attorney visiting areas that include the means by which the attorney and the incarcerated person can share legal documents. •Telephones that enable confidential attorney-client calls. •Reasonable access to legal materials. •A means of providing assistance through the court process by individuals trained in the law. This assistance will be available to illiterate incarcerated persons and those who cannot speak or read English or who have disabilities that would impair their ability to access. •Writing materials, envelopes, and postage for indigent incarcerated persons for legal communications and correspondence. The Jail Administrator shall be responsible for ensuring that information regarding access to courts and legal counsel and requesting legal materials or legal assistance is included in the incarcerated persons handbook, which is provided during orientation. 603.4 CONFIDENTIALITY All communication between incarcerated persons and their attorneys is confidential, including telephone conversations, written communication, and video conferencing. The content of written attorney-client communication will not be reviewed or censored, but the documents may be inspected for contraband. Santa Ana Police Department Custody Manual Access to Courts and Counsel Copyright Lexipol, LLC 2025/05/23, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Access to Courts and Counsel - 2Outgoing and incoming legal correspondence shall be routed through the staff, who have received special training in inspecting confidential documents and who are accountable for maintaining confidentiality. Incoming legal correspondence shall be opened and inspected for contraband in the presence of the recipient incarcerated person. Incarcerated persons may seek the assistance of other incarcerated persons in writing writs and other legal correspondence to the courts, when needed subject to the security and safety needs and concerns of the incarcerated persons, staff, and the facility. 603.5 REQUEST FOR ASSISTANCE Written materials addressing how an incarcerated person can access key legal documents shall be available in each housing unit via a Legal Library computer terminal. Staff shall provide Legal Library computer terminal access to any incarcerated person upon request. However, staff shall not provide legal advice or assist any person in the completion of any legal document. Legal forms filled out by the incarcerated person shall be mailed by the incarcerated person to court administration directly or via an appointed legal assistant. 603.6 VISITATION RELATED TO LEGAL DEFENSE Visits with incarcerated persons that are related to legal defense, including attorneys and approved paralegals and investigators, will be permitted only in the areas designated for legal visitation or by way of video visitation to ensure confidentiality (15 CCR 1068(b)). Contact visits may be approved by the Jail Administrator for special circumstances. (a)Visits shall be of a reasonable length of time to discourage any allegation that the defense of the incarcerated person was hindered due to the length of time allowed for the legally authorized visit. These visits shall be of such a length of time that they do not interfere with the security, order, and discipline of this facility. The permissible time for visitation should be flexible but shall not substantially interfere with other facility schedules, such as medical examinations, meal service, or other required activities. (b)Only materials approved by the Security Supervisor and brought to this facility shall be allowed. (c)All such materials shall be subject to security inspections by jail staff and shall be routed through the Security Supervisor or their designee for logging and distribution. 603.7 MAIL Legal mail shall be handled in accordance with the Mail Policy. 603.8 IN PROPRIA PERSONA (PRO PER) INCARCERATED PERSONS Incarcerated persons may be granted pro per status by court order only. Any time a court order is received designating an incarcerated person as having been granted pro per status, all relevant records systems at the facility shall be updated to reflect this information. A copy of the court order shall be maintained in the person's file in accordance with established records retention schedules. Santa Ana Police Department Custody Manual Access to Courts and Counsel Copyright Lexipol, LLC 2025/05/23, All Rights Reserved. Published with permission by Santa Ana Police Department***DRAFT*** Access to Courts and Counsel - 3The court may, but is not required to, appoint to an incarcerated person who is designated pro per a back-up attorney, paralegal, or other person to assist the person with legal research. All information related to appointed assistants should be recorded in the relevant facility records.