USP Tuscon Attorney and Legal Services

Mar, 07 12 Post by: admin | No Comments


ATTORNEY VISITS: Attorneys are encouraged to visit during the regular visiting hours. Refer to the Visiting Institution Supplement for other attorney visiting times at each facility. Attorney visits will be subject to visual monitoring.
LEGAL MATERIAL: During attorney visits, a reasonable amount of legal materials may be allowed in the visiting area with prior approval from the Unit Team. Legal materials are subject to inspection for contraband. This material will be treated in a similar manner as the Special Mail procedures described above. Inmates are expected to handle the transfer of legal materials through the mail.

LAW LIBRARY: The law library is located in the Education Department and contains an electronic law library. The law library is open during convenient non-working hours, including weekends (hours of operation are posted on the bulletin board in the Education Department). An inmate law library clerk is available for assistance in legal research.

NOTARY PUBLIC: If an inmate requires a notary public, it will be necessary to contact unit staff for arrangements with a staff member certified as a notary public.

COPIES OF LEGAL MATERIALS: In accordance with institution procedures, inmates may copy materials necessary for their research or legal matters. A debit card operated machine is available in the Education Department for inmates use. Individuals who have no funds and who can demonstrate a clear need for particular copies, may submit a written request to their Counselor for a reasonable amount of free duplication.

FEDERAL TORT CLAIMS: If the negligence of institution staff results in personal injury or property loss or damage to an inmate, it can be the basis of a claim under the Federal Tort Claims Act. To file such a claim, inmates must complete a Standard Form 95. They can obtain this form from the Counselor.

FREEDOM OF INFORMATION/PRIVACY ACT OF 1974: The Privacy Act of 1974, forbids the release of information from agency records without a written request by, or without the prior written consent of, the individual to whom the record pertained, except for specific instances. All formal requests for access to records about another person and/or agency record other than those pertaining to themselves (including Program Statement and operations Memoranda) shall be processed through the Freedom of Information Act, 5 USC 552.

INMATE ACCESS TO CENTRAL FILES: An inmate may request review of disclosed portions of his central file (plus Pre-Sentence Report and/or summary). Unit staff will permit the review of the central file under procedures established locally.

INMATE ACCESS TO OTHER DOCUMENTS: An inmate can request access to the “Non-Disclosed Documents” in his central file and medical file, or other documents concerning himself that are not in his central file or medical file by submitting a “Freedom of Information Act Request” to the Director of the Bureau of Prisons, Attention: FOI Request. Such a request must briefly describe the nature of records wanted and approximate dates covered by the record. The inmate must also provide his registration number and date of birth for identification purposes.
A request on behalf of an inmate by an attorney for a record concerning that inmate, will be treated as a “Privacy Act Request” if the attorney has forwarded an inmate’s written consent to disclose materials. If a document is deemed to contain information exempt from disclosure, any reasonable part of the record will be provided to the attorney after the deletion of the exempt portions.

EXECUTIVE CLEMENCY: The Bureau advises all inmates that the President of the United States is authorized under the Constitution to grant executive clemency by pardon, commutation of sentence, or reprieves. A pardon is an executive act of grace that is a symbol of forgiveness. It does not connote innocence nor does it expunge the record of conviction. A pardon can be “full” or “partial” depending on whether it absolves a person from all or a portion of the time. A pardon may have conditions imposed upon it or it can be “absolute” which is without conditions of any kind. A pardon restores basic civil rights and facilitates the restoration of professional and other licenses that may have been lost by reason of the conviction. Other forms of executive clemency include computation of sentence (reduction of sentence imposed after a conviction), and a reprieve (the suspension of execution of a sentence for a period of time). Inmates should contact their assigned Case Manager for additional information.

CONSULATES: Inmates who are not citizens of the United States may have the need arise in which they require communication with their consulate. A complete listing of all consulate offices is available through the unit team.

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