- Purpose: This order establishes guidelines for person-in-custody use and access to general reading material as well as equipment related to assisting an person-in-custody in their legal preparation and research.
- Policy: It is the policy of the Denver Sheriff Department ("DSD" or the "Department") to provide people-in-custody reasonable access to recreational reading materials as well as materials and resources to assist in preparation for court cases, and to provide these materials and resources free of charge.
- Operations Division procedures will establish the selection and maintenance of legal and recreational reading materials, the acquisition of reading materials used by the people-in-custody, specify how such materials are dispersed, and address any problems that may arise with access to reading materials or resources (e.g., computer, paper, pencil).
- All people-in-custody shall also be issued tablets, subject to Department Order 5.00.1070 - Inmate Tablets and may also access approved reading materials through use of their assigned tablet.
- Cancellation: This order supersedes and cancels previous versions of Department Order 1.00.1006.
- Implementation and Guidelines: The following will be followed and accompany any additional specific procedures established at each facility:
- General Provisions:
- People-in-custody will have reasonable access to the following free of charge: <ACA: 4ALDF 6A-03>
- The ability to print legal documents, including legal research. Printing is limited to ten (10) pages per day unless otherwise ordered by the court;
- Paper and pencil/pen
- Other necessary equipment/supplies
- Reasonable access to online legal research services
- Additionally, people-in-custody shall have reasonable access to recreational reading materials that does not compromise the safety or security of the facility.
- A qualified staff member shall coordinate and supervise library services for people-in-custody housed at the Denver County Jail (COJL) and the Downtown Detention Center (DDC). <ACA: 4ALDF 5C-05>
- These services are in addition to the recreational materials people-in-custody may access through their assigned tablets.
- Providing Access to Legal Materials and Resources: <ACA: 4ALDF: 5B-05; 5B-09; 6A-02>
- Legal research is conducted through the person-in-custody housing kiosks. Legal research will be conducted only during times that do not interfere with facility operations (e.g., mealtimes, mass movement). During times at which kiosks are reserved for visitation, visits shall take precedence over legal research. Kiosks that are not in use for scheduled visits may be used for legal research.
- General Population
- All general population people-in-custody have unlimited access to the kiosks for legal research except during lockdown hours.
- If person-in-custody needs access to a kiosk for legal research and is unable to obtain such access because all of the kiosks are in use, the on-duty supervisor shall ensure that such access is provided by limiting use of the kiosks to an hour at a time.
- Restrictive Housing
- Legal research is available to all restrictive housing people-in-custody during their out of cell time (i.e. free time).
- People-in-custody in special management units, including people-in-custody in restrictive housing, shall have access to recreational reading and such legal resources. The person-in-custody's access will be determined based on security level and/or restrictions required to ensure the safety of people-in-custody, staff, visitors, and the security of the facility. <ACA: 4ADLF 2A-60; 2A-62, 2A-63, 2A-65; 2A-66(C)>
- Note: All concerns about the person-in-custody kiosks should be brought to the housing deputy's attention.
- People-in-custody are only permitted to print legal documents and other documents specifically needed for a court appearance, including trial, and such printing is subject to the following:
- Printouts shall be requested through the paper kite system or the person-in-custody kiosk.
- The Logistics Unit captain or designee shall designate the logistics personnel responsible for providing people-in-custody with their printed legal documents.
- Printed documents shall be limited to ten (10) pages per day for each person-in-custody unless otherwise ordered by the court.
- Requests for copies of legal case law will be completed by the designated logistics personnel within seventy-two (72) hours unless exigent circumstances exist (such as internet access being down or an emergency existing within the facility).
- Copying Services:
- People in DSD's custody shall be provided with reasonable copying services as necessary or required.
- The program coordinator may make copies of legal documents as required by the court or as determined appropriate.
- People-in-custody may request copying services through the supervisors and the watch commander by sending a kite.
- The copier shall only be used for legal documents, business letters, official documents, and other official business purposes. The copier shall not be used for person-in-custody's personal mail or any other reason.
- Generally, documents requiring copying are those which must be filed with the court or which relate directly to a person-in-custody's legal case.
- Priority for copying shall be given to people-in-custody who are representing themselves
- Use of the copier shall be limited to one (1) copy per document unless a copy is also required to be provided to opposing counsel. Additional copies will also be provided if ordered by the court.
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Indigent people-in-custody shall be provided copying services without charge.
- People-in-custody with money on their jail accounts shall be charged five cents (.05) per copy, unless the copies are ordered by the court and the charge is waived by the jail commander or designee.
- People-in-custody shall be informed of copying charges prior to making the copies and shall sign a money release form for the indicated amount. That amount shall be deducted from the person-in-custody's account and deposited into the person-in-custody welfare fund.
- Only authorized persons shall operate the copy machine.
- Kiosk Maintenance
- At the start of their shift, housing deputies shall verify that the kiosks are working. If the system is not working, a work order shall be submitted to Securus Technologies® and a supervisor shall be notified immediately.
- If there is an incident or rule violation concerning kiosk usage, deputies who are present shall take any action they deem to be reasonable and appropriate and in compliance with DSD policy. Deputies shall notify a supervisor of all actions taken and submit an Offense in Custody (OIC) report.
- Responsibility:
- Training: The Training Academy will ensure that the curriculum of all currently existing classes and any newly developed classes comply with this order, as applicable.
- Management: The division chief/unit commander or unit manager of any division or unit affected by this policy shall:
- ensure that existing procedures and all newly developed orders are in compliance with this order;
- ensure that all affected personnel are made aware of this policy; and
- ensure this policy is reviewed annually for compliance with all federal, state and local laws and standards.
- Supervisors: All supervisors will ensure that the provisions of this policy are being followed and that deputies whom they are assigned to supervise have reviewed this policy and acknowledged such review in PowerDMS.
- Staff: All officers and employees will comply with the provisions of this policy.
- Effective Date: This order will become effective on July 8th, 2024.
- Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.
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