Representing a Prisoner in a Colorado State Prison By: Keith Nordell Teresa Reynolds - PowerPoint PPT Presentation

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Representing a Prisoner in a Colorado State Prison By: Keith Nordell Teresa Reynolds

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Title: Representing a Prisoner in a Colorado State Prison By: Keith Nordell Teresa Reynolds


1
Representing a Prisoner in a Colorado State
PrisonBy Keith Nordell Teresa
Reynolds
2
Performance Objectives
  • Provide a basic overview of
  • Administrative Regulations
  • Subpoena service
  • Service of Complaint and Summons
  • Discovery
  • Interviews of DOC staff and offenders

3
DOC Office of Legal Services
  • Manages DOC litigation, with the exception of
    Personnel actions
  • Step 3 Grievance Office
  • ADA Inmate Coordinator (AIC) Office
  • Legal Access Program
  • Offender reading material/central review process
    management

4
DOC Website
  • Starting point for information on Colorado
    Department of Corrections is the website
  • http//www.doc.state.co.us

5
Administrative Regulations (AR)
  • Regulations concerning Access to Courts
  • AR 750-01 Legal Access
  • AR 750-03 DOC Employee and Offender Litigation
    Management
  • AR 850-04 Offender Grievance Procedure

6
Additional ARs of interest
  • AR 150-01 Code of Penal Discipline (COPD)
  • AR 300-27 Facility Access
  • AR 300-01 Offender Visiting Program
  • AR 300-38 Offender Mail
  • AR 850-12 Telephone Regulations for Offenders

7
Service of Process
  • Policies concerning service of process for
  • DOC Employees
  • Exceptions
  • Offenders
  • DOC staff are not authorized to accept service
  • Litigation Coordinators
  • All litigation except personnel matters
  • AR 750-03

8
Service of Summons Complaint
  • Who can accept service for DOC employees
  • Litigation Coordinators only for staff at that
    facility/office
  • Office of Legal Services accepts electronic
    Court service
  • Waiver requests
  • Attorney waiver requests in Federal Court will be
    done for current employees with acknowledgment
    that DOC has 60 days to file an answer
  • Federal Rule of Civil Procedure 4(f)

9
Subpoena Service
  • Employees
  • Personal service
  • US Mail or Hand Delivery
  • Waiver by named staff executed when received
  • No guarantee of employee availability for
    service/waiver (sick, FMLA, etc).
  • Offender
  • DOC employees will not make service on offender
  • Subpoenas will not be accepted by fax or email
  • AR 750-03

10
Discovery
  • Written (document production, interrogatories,
    requests for admission)
  • Depositions
  • Offenders Leave of Court Order
  • Federal and Colorado Rule of Civil Procedure 30
  • Equipment Approval

11
Interviews of DOC staff
  • Not currently governed by AR
  • Policy
  • At the discretion of the staff member and
    management, and can be refused at any time
  • Not private can be monitored by other staff
  • Subject to facility security and operational
    concerns

12
Visits with DOC offenders
  • ARs 750-03, 300-01 and 300-27
  • Attorneys may have only one relationship with
    offender
  • Attorney or visitors cant be both

13
Telephone calls to Offenders
  • Offenders may place attorney number on CIPS list
    for unmonitored attorney calls
  • Attorney requests for calls on DOC phones (case
    manager, etc.) are facilitated only for
    previously unknown deadlines of 10 days or less

14
Legal Access Subprogram
  • Provides offenders at all custody levels with
    access to the court(s), as mandated by federal
    law, by providing basic law library services
    defined as legal access
  • Lewis v. Casey, 116 S.Ct. 2174 (1996) a US
    Supreme Court decision, left to the discretion of
    the States the manner in which court access for
    offenders would be accomplished.
  • Administrative Regulation 750-01

15
Legal Access
  • The CDOC provides offenders with access to court
    on these issues
  • Conditions of confinement
  • Habeas Corpus
  • Post conviction relief (Colo Crim Rule 35)

16
Legal Access
  • Judicial Review Administrative Proceedings
    Colorado Civil Rule 106
  • Disciplinary (COPD)
  • Adminstrative Segregation classification
  • Sex offender classification
  • Sex offender program termination
  • Sexually Violent Predator (SVP) determinations

17
Legal Access
  • Discovery, Evidentiary, Transcript and other
    electronic document review
  • AR 750-03
  • Offender participation telephonic hearings
  • AR 750-03

18
Legal Access
  • The DOC is not required by law to provide
    offender access to court for other matters, such
    as
  • Divorce, child support, etc
  • Civil litigation such as personal injury cases
  • Uniform Commercial Code (UCC)

19
Step 3 Grievance Office
  • Prison Litigation Reform Act (PLRA) requires
    offenders to exhaust administrative remedies
  • DOC administrative remedy is a 3 step grievance
    process
  • Step 1 response from actual area/staff person
    involved in issue
  • Step 2 response from administrative
    head/designee
  • Step 3 final review by independent officer

20
Non-grievable issues
  • Grievance Process not available for
  • Disciplinary, Administrative Segregation,
    Classification, sentence computation, reading
    material censorship designations
  • Alternative administrative remedy are available
    Offender appeals
  • AR 850-04
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