Cecily Zamora
Prison libraries are a critical component of the justice system, ensuring inmates' fundamental right of access to the courts and providing them with the resources to exercise their constitutional rights, including the right to file writs of habeas corpus, sentence appeals, and claims relating to civil rights violations. Law libraries in prisons face unique challenges, such as staffing, security, and physical access, but they also present opportunities for inmates to gain legal knowledge and assert their rights effectively. While there is limited information on whether inmates can volunteer at law libraries, it is clear that access to these resources is crucial for inmates' legal empowerment.
| Characteristics | Values |
|---|---|
| Purpose | To guarantee prisoners' constitutional rights, including the right to file writs of habeas corpus, sentence appeals, and claims relating to civil rights violations and the conditions of confinement. |
| Services | Maintaining and making available the legal collection, photocopying of legal materials and correspondence, providing access to personal computers with legal forms, and more. |
| Staffing | Prisons are often located in isolated areas, requiring significant staff capacity and availability. Librarians inside facilities face challenges such as producing documentation, undergoing background checks, and attending orientations. |
| Security | Depending on the security level, a security officer may be stationed in the library. Librarians feel safe due to regulated and monitored inmate behavior. The security of the collection is important to prevent inmates from suing over missing resources. |
| Challenges | Administration, collection management, staffing, space utilization, security, physical access, and inmate services. |
| Benefits | Libraries can help inmates re-enter society successfully and provide resources for job seekers, as well as technological and financial literacy. |
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What You'll Learn
Inmates' right to access law libraries
In the United States, inmates in both state and federal prisons are guaranteed certain constitutional and civil rights. The fundamental right of access to the courts requires prison authorities to assist inmates in preparing and filing legal papers by providing them with adequate law libraries or legal assistance. This right was established in the 1977 Supreme Court decision Bounds v. Smith, which led to the establishment of law libraries in most major U.S. prisons.
The law library is the most widely used option to guarantee prisoners' constitutional rights, including the right to file writs of habeas corpus, sentence appeals, and claims relating to civil rights violations and conditions of confinement. Inmates are highly incentivized to behave properly to maintain their access to the law library. Prison administrations will take all measures possible to avoid being sued by inmates, and the security of the collection is important for both financial and legal reasons. Photocopying of legal materials and correspondence is usually available at a charge, but indigent inmates must be provided with loans to cover these costs. Some law libraries have personal computers with legal forms stored on disk.
The American Association of Law Libraries (AALL) maintains an online directory, Law Libraries Serving Prisoners, which serves as a referral source for librarians and prisoners seeking access to legal materials. The directory includes information on the services provided to prisoners, associated costs, and any special requirements of the law library.
While the presence of law libraries in prisons is important for guaranteeing inmates' rights, it also presents challenges and problems in areas such as administration, collection management, staffing, space utilization, security, physical access, and inmate services. The responsibilities of managing a law library within a prison are extensive and demanding, often requiring the dedicated role of a law librarian or attorney.
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Security concerns and measures
Security is a key concern for prison administrations, who will take all measures possible to avoid being sued by inmates. The presence of a security officer in the library is dependent on the security level of the prison and its physical layout. Librarians generally feel safe in their work areas, as inmate behavior is closely regulated and monitored, and inmates are incentivized to behave properly to maintain their access to the law library. The presence of a security officer is generally welcomed, as it allows the librarian to move around the institution more freely and attend other activities, while the officer can supervise patrons and inmate staff and answer the telephone.
The security of the collection is also important for financial and legal reasons. Legal publications are expensive to replace, and inmates may sue if volumes or pages are missing, claiming that their right to an adequate law library has been denied. Prison administrations have implemented several measures to avoid this, such as having a central coordinator of law library services who is responsible for uniform standards, equity of service, planning new libraries, collection specifications, and auditing library performance. This coordinator is often a law librarian or an attorney, but the role can also be combined with that of the general library services coordinator.
Inmates are provided with access to resources such as photocopying, typewriters, and personal computers with legal forms, which can pose security risks if not properly managed. Photocopying is heavily used by inmates, and profits from inmate-produced revenue are often used for the direct benefit of inmates, including library materials and recreational equipment. Typewriters are generally provided for correspondence and filling out forms, while some law libraries provide personal computers with legal forms stored on disk.
Staffing is another security challenge, as prisons are often located in isolated areas, requiring staff to travel long distances. The requirements placed on volunteers and external librarians, such as background checks and orientations, can constrain service flexibility and limit on-call or fill-in work to those pre-approved to work in the facility.
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Photocopying and associated charges
In most states, profits from inmate-produced revenue, such as photocopying charges, must be used for the direct benefit of inmates. This often includes the purchase of library materials and recreational equipment. While photocopy machines are not mandated for inmate use, most prisons install them for practical reasons.
The charges for photocopying services in prison law libraries are typically used to cover the costs of maintaining and providing access to legal collections. These collections are essential for inmates to exercise their right of access to the courts and legal information. Prison administrations are also incentivized to provide adequate access to legal resources to avoid potential lawsuits from inmates claiming that their rights have been denied.
The specific charges for photocopying services may vary depending on the prison facility and the state. Some states have specific regulations or guidelines regarding the use of inmate-generated revenue, ensuring that it benefits the inmates directly. While photocopying may incur charges, prisons often provide typewriters or personal computers with legal forms to assist inmates in their legal endeavours.
In conclusion, photocopying and associated charges are a practical consideration for prison law libraries. The charges help maintain the availability of legal resources while also generating revenue that can enhance the overall inmate experience. The availability of photocopying services is crucial in supporting inmates' legal endeavours and ensuring their access to justice.
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Staffing challenges
Staffing prison libraries with law collections is challenging for several reasons. Prisons are often located in isolated areas, far from the nearest library, which makes it difficult to find staff and limits the availability of librarians who can travel to and from the prison. Prisons also require staff to produce extensive documentation, undergo background checks, and attend orientations, which can be burdensome and limit staffing options to those who are pre-approved to work in a specific facility. This can constrain service flexibility and limit the ability to bring in fill-in staff.
The responsibilities of prison librarians are also demanding. In addition to the usual tasks of managing a library, they are responsible for planning and evaluation, policy and procedure development, budgeting, collection development, staff training and supervision, inventory, legal reference and referral, and scheduling inmate access. The security of the collection is also important, as legal publications are expensive to replace, and missing volumes or pages can lead to lawsuits from inmates claiming that their right to an adequate law library has been denied.
Some states have addressed this issue by appointing a central coordinator of law library services, who is responsible for uniform standards, equity of service, planning new libraries, collection specifications, and auditing library performance. This coordinator may be a law librarian or an attorney, or the role may be combined with that of the general library services coordinator.
Another potential solution to staffing challenges is for prison libraries to partner with public libraries. Public libraries are better equipped to provide resources and services for job seekers and to offer support with technological and financial literacy, which can assist inmates in their re-entry into society. However, as retired Maryland prison library coordinator Glennor Shirley notes, "Very few public libraries have proactively done outreach or programming in prison. This is a lost opportunity to help inmates to reenter society successfully."
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Prison library partnerships
Public libraries, for instance, are often better equipped to offer resources and services related to job seeking, technological literacy, and financial literacy. These services can be invaluable during the challenging process of reentry, which 95% of incarcerated individuals will undergo. By partnering with public libraries, prison libraries can help inmates gain the skills and knowledge necessary for a successful transition back into society.
Academic libraries, typically associated with higher education in prison programs, can also be valuable partners. They can assist in creating new roles and increasing services for incarcerated students. For example, academic libraries can provide academic support and resources specifically tailored to the needs of individuals enrolled in prison education programs.
State libraries, with their extensive research and reading materials, can contribute to prison libraries by providing access to a diverse range of resources. This can include materials beyond traditional legal references, such as literature, academic research, and other informational texts.
However, establishing and maintaining prison library partnerships come with certain challenges. Staffing is one of the significant hurdles, as prisons are often located in isolated areas, requiring a considerable commitment from staff in terms of travel time and availability. Additionally, the requirements imposed by departments of corrections on external librarians and volunteers, such as extensive documentation, background checks, and orientations, can constrain service flexibility and limit staffing options.
To overcome these challenges, prison library partnerships should focus on collaboration and mutual support. By working together and sharing resources, expertise, and best practices, prison libraries and their partners can enhance the overall quality of services provided to incarcerated individuals. This may include developing streamlined processes, providing training and cross-training opportunities, and advocating for policy changes that support the information needs of incarcerated individuals during their incarceration and as they prepare for reentry.
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Frequently asked questions
Inmates can access law libraries and legal information, but there is no information about them volunteering at law libraries. Prison libraries would benefit from collaborations with other libraries, but prisons are frequently located in isolated areas, making it difficult for staff to travel between the two.
Prison law libraries serve the legal reference needs of inmates, either as they work with legal counsel to appeal their case or as pro se litigants. The libraries also provide photocopying services, typewriters, and personal computers with legal forms.
Staffing is a common challenge due to the remote locations of prisons and the onerous requirements placed on volunteers. Security is also a concern, with some libraries having a security officer stationed inside.
