Offender Rights Part 5: Access to the Legal System

Course Code: REL-PS-0-OR5-V2

Hours: 2

Type: Online Course

Content Expiration Date: 1/31/2024

Learning Objectives:
Differentiate between when due process is and is not required for individuals in custody in jails and prisons.
Identify 4 common reasons that inmates/detainees seek access to the courts.
List 4 responsibilities correctional officers may have to ensure detainee/inmates have access to the courts.
Define the term "jailhouse lawyer" and identify up to 3 ways in which institutions can restrict jailhouse lawyers' activities.
Differentiate between what correctional officers can and cannot do related to privileged communication between offenders and their lawyers.

Outline:

Section 1: Introduction

A. About This Course

B. Learning Objectives

Section 2: Due Process Rights

A. What is Due Process?

B. Where is it Mentioned in the Constitution?

C. Life, Liberty, and Property Interests

D. Other Sources of Due Process Rights

E. Examples of When Due Process Applies

F. Examples of When Due Process Does Not Apply

G. Transfers

H. Exceptions To The Transfer Rule

I. Transfers Between Different Correctional Systems

J. Classification Decisions

K. Due Process and The Disciplinary Hearing

L. Informants and Disciplinary Hearings

M. The Role of The Correctional Officer in A Disciplinary Hearing

N. Administrative Segregation: The Case of Hewitt v. Helms

O. Length of Time in Administrative Segregation

P. Review

Q. Summary

Section 3: Access to the Legal System

A. Access to The Legal System

B. Reasons Why Offenders Seek Access to The Courts

C. Challenging the Legality of Their Sentence

D. Claiming Civil Rights Violations

E. Prison Litigation Reform Act (PLRA)

F. Bringing Or Defending Against Lawsuits Unrelated To Conviction Or Confinement

G. Access to Legal Assistance

H. Access to Legal Materials

I. Access to Legal Advice

J. Jailhouse Lawyers

K. Review

L. Summary

Section 4: Correctional Officer Role

A. The Correctional Officer’s Role in Offender Access to the Court

B. Privileged Communication

C. Correctional Officers and Privileged Communication

D. Review

E. Summary

Section 5: Conclusion

A. Summary

B. Course Contributors

C. References

D. Congratulations!

E. Exam

F. BrainSparks

Writer: Kimberly Cobb, MS

Mrs. Cobb is a Lead SME Writer/Trainer at Relias. Her primary writing responsibilities are in the content areas of public safety and behavioral health. Mrs. Cobb is also the onboarding trainer for new staff joining the Relias Content Department. She has a Bachelor of Science degree in Correctional and Juvenile Justice Studies and a Master of Science degree in Criminal Justice. She has over 25 years of experience working in criminal and juvenile justice. Her work includes direct service, research, publication development, and training and technical assistance development and delivery.

Disclosure: Kimberly Cobb, MS has no Relevant Financial or Non-Financial Relationship with ineligible companies to disclose.

Subject Matter Expert: Linda L. Bryant, J.D., Sworn Jail Officer

Linda L. Bryant, J.D. is veteran public safety official and legal expert. She served as the Deputy Attorney General for Virginia for Criminal Justice and Public Safety where she supervised a team of over 80 attorneys who represented the state's public safety agencies in state and federal courts. She and her team provided legal advice on public safety matters and policy development to the Governor of Virginia, the Secretary of Public Safety, all public safety agencies and the state legislature. Her duties also included providing legal advice to and overseeing all litigation against the state Department of Corrections. She also served for nearly 18 years as a state prosecutor, where she prosecuted thousands of cases focusing her efforts on violent crime, serving as lead trial attorney on over 40 murder cases. During that time she also taught as an Adjunct Professor at the College of William and Mary law school. She also served on the Working Group that developed the "21st Century Principles of Prosecution, Peace Officer Use of Force Project" for the Association of Prosecuting Attorneys Ms. Bryant is currently the Assistant Superintendent and Compliance Attorney at the Hampton Roads Regional Jail, a jail with an average daily population of approximately 1100 inmates. The jail houses special needs inmates to include those with serious medical and mental health concerns. Disclosure: Linda L. Bryant, J.D., Sworn Jail Officer has no Relevant Financial or Non-Financial Relationship with ineligible companies to disclose.

Target Audience:
The target audience for this course is: Correctional Officers; in the following settings: Adult Corrections, Juvenile Corrections.

Relias Learning will be transparent in disclosing if any commercial support, sponsorship or co-providership is present prior to the learner completing the course.

Relias Learning has a grievance policy in place to facilitate reports of dissatisfaction. Relias Learning will make every effort to resolve each grievance in a mutually satisfactory manner. In order to report a complaint or grievance please contact Relias Learning at support@reliaslearning.com.

Course Delivery Method and Format
Asynchronous Distance Learning with interactivity which includes quizzes with questions/answers, and posttests.