Specifications include, but are not limited to: This contract provides limited legal services to inmates housed at the Utah State Correctional Facility located 1480 North 8000 West, Salt Lake City Utah, 84116. Legal Assistance CONTRACTOR shall provide UDC inmates at the Utah State Correctional Facility with the following legal services: Assist inmates in drafting and filing initial pleadings in both federal and state courts in the form of complaints or petitions in non-frivolous lawsuits designed to test either: The legality of their incarceration; or Conditions of confinement at the facility. Such actions may be brought under several different legal theories, which may include lawsuits under the Civil Right Act of 1871, 42 U.S.C. Section 1983, and writs of habeas corpus. Assist inmates in administrative proceedings pursuant to UDC Policy and Procedure Chapter FI15, Involuntary Treatment, and FI16, Involuntary Transfer to State Mental Hospital for Treatment. In these cases, CONTRACTOR will provide inmates with full legal representation (including, but not limited to, assistance in drafting and filing pleadings, attendance at the administrative hearings, presenting evidence, cross-examining witnesses, making objections and making oral argument) at every step of UDC’s involuntary treatment/involuntary transfer proceedings. Cases are heard by a designee of UDC. (Duties of CONTRACTOR in matters other than those described in this Section III.A.1.b. do not extend past the filing of initial pleadings.) Assist inmates in drafting and filing initial pleadings in both federal and state courts in the form of petitions and non-frivolous lawsuits in which a state inmate housed at the Utah State Correctional Facility alleges that the Utah Board of Pardons has denied him parole in a manner that violates his lawful rights. In the course of providing any of the legal services outlined in Section III.A.1. above, CONTRACTOR shall: Visit USCF to interview each inmate requesting an appointment for contractually covered legal services; Keep sufficiently detailed and accurate records to thoroughly document CONTRACTOR performance under the contract; Screen inmate claims for non-frivolous legal contents; Conduct the amount of legal research necessary to support non-frivolous inmate claims; Assist inmates in drafting pleadings setting forth non-frivolous inmate legal claims; Assist inmates in securing case law and other authority (including statutes, court rules, and up-to-date court-prepared legal forms) needed to perform the limited legal services set forth in Section III.A.1.; and; Assist inmates in filing legal documents within the scope of this contract by addressing, franking, and posting inmate pleadings from the CONTRACTOR’S place of business. Inmate Photocopies CONTRACTOR shall screen inmate requests for photocopies of legal material not directly related to initial pleadings drafted by CONTRACTOR twice per week to determine if such material is, in fact, legal in nature. Requests for material not legal in nature shall be returned by CONTRACTOR to the housing unit for disposition. Material that is legal in nature shall be photocopied ON-SITE by CONTRACTOR and the copies provided to the requesting inmate. Copies made pursuant to this subparagraph are at a cost to the inmate in accordance with UDC policy. CONTRACTOR shall perform his/her own photocopying. CONTRACTOR will have access to a copy machine on site at USCF. Hourly rates do not apply to copying time. Inmate cost per copy is $0.25 per page. Indigent inmates are limited to a maximum of 25 pages of photocopied legal material each week. Photocopying of Initial pleadings provided to inmates will be at the expense of UDC. Inmate-to-Inmate Legal Mail CONTRACTOR shall screen inmate-to-inmate legal mail to determine if such mail is, in fact, legal in nature. Under UDC Policy and Procedure Chapter FD06, Legal Access, inmate writ writers may represent themselves but may not represent other inmates. Thus, writs written by inmates, for other inmates, fall into the category of illegal mail. CONTRACTOR shall return inmate-to-inmate mail not legal in nature to the appropriate facility for disposition. CONTRACTOR shall forward inmate-to-inmate mail that is legal in nature to the receiving inmate in a pre-printed envelope stamped “Inmate-to-Inmate Legal Mail” along with a copy of the signed consent form authorizing possession of another inmate’s legal material. Inspection of Legal Pouches CONTRACTOR shall inspect legal-privileged pouches confiscated from inmates and determined to be properly seized by UDC staff in accordance with policies/procedures on inmate property. For the first referral of an inmate’s legal pouch to CONTRACTOR for inspection, CONTRACTOR shall write a letter to the inmate detailing their findings with regard to the materials inspected, thoroughly explaining the kinds of materials that may be kept in legal pouches, and warning the inmate that future violations may result in disciplinary action against him or her. CONTRACTOR shall return the confiscated and inspected legal materials to the Warden’s office properly separated and categorized as legal-privileged, legal-public, and non-legal, with a memorandum summarizing CONTRACTOR’S findings. Conflict Counsel UDC contracts with several different attorneys to provide legal services to UDC inmates at the various facilities and county jails where such inmates are housed. In the event that a conflict of interest arises between a UDC inmate housed at a facility or county jail not covered by this contract and the attorney who has contracted with UDC to provide legal services to UDC inmates at that location, CONTRACTOR shall at UDC’s request provide legal services to that inmate in accordance with the terms of this contract.
