NCJ Number
53915
Date Published
1978
Length
67 pages
Annotation
THE INMATE LEGAL SERVICES (ILS) PROGRAM DEVELOPED IN SANTA CLARA COUNTY, CALIF., ITS ACCEPTANCE BY CLIENTS AND LAW ENFORCEMENT OFFICERS, AND ITS COST-EFFECTIVENESS AS A PROGRAM TO MEET INDIGENT INMATE NEEDS ARE EVALUATED.
Abstract
THE ILS PROGRAM WAS SPONSORED BY THE SANTA CLARA COUNTY BAR ASSOCIATION AND FUNDED BY THE REGIONAL CRIMINAL JUSTICE PLANNING BOARD AND THE AMERICAN BAR ASSOCIATION TO PROVIDE CIVIL LEGAL SERVICES TO INDIGENT INMATES IN COUNTY JAILS. THE GOAL OF THE PROGRAM, AS ARTICULATED IN 1976, WAS TO EXPAND ACCESS TO CIVIL LEGAL REPRESENTATION FOR ALL INMATES IN A COST-EFFECTIVE MANNER AND IN A WAY THAT WOULD PRESERVE DUE PROCESS RIGHTS AND THE TREATMENT OF INMATES. DURING THE SECOND YEAR OF PROGRAM OPERATION, 1977-1978, LEGAL ASSISTANCE WAS PROVIDED TO INDIGENT INMATES AND A TRAINING PROGRAM WAS DEVELOPED FOR 12 LAW SCHOOL INTERNS. FROM AN ORGANIZATIONAL STANDPOINT, THE PROBLEM OF INSUFFICIENT STAFF AND STAFF RECRUITMENT WAS EXACERBATED BY CONFLICT SURROUNDING THE CONTINUED EXISTENCE OF THE PROGRAM. THE STYLE OF ADVOCACY ADOPTED BY ILS STAFF CREATED TENSION BETWEEN THE PROGRAM AND THE SHERIFF'S DEPARTMENT. ILS ATTORNEYS PLACED A HIGHER VALUE ON ATTORNEY-CLIENT RELATIONSHIPS THAN ON ACCOUNTABILITY TO THEIR SUPPORTING ORGANIZATIONS. TYPES OF SERVICES PROVIDED BY THE ILS PROGRAM WERE CATEGORIZED AS FAMILY LAW, FINANCIAL, HOUSING, TORT, ADMINISTRATIVE, JAIL ADMINISTRATION, CRIMINAL, HABEAS CORPUS, AND UNKNOWN. BECAUSE OF THE PROGRAM'S TAXONOMY FOR CLASSIFYING SERVICES, ABOUT 50 PERCENT OF ALL CASES FELL INTO THE UNKNOWN CATEGORY. THE TOTAL ANNUAL BUDGET WAS $56,640, BUT ONLY $49,760 WAS ACTUALLY SPENT AS OF JUNE 30, 1978. AVERAGE MONTHLY DIRECT COSTS OF THE PROGRAM WERE $4,147, WITH THE AVERAGE ANNUAL DIRECT COST PER CASE BEING $80. IF THE PROGRAM HAD WORKED TO CAPACITY, THE AVERAGE ANNUAL DIRECT COST PER CASE WOULD HAVE BEEN $63. THE AVERAGE ANNUAL DIRECT COST OF THE PROGRAM PER INMATE WAS $37. INTERVIEWS WERE CONDUCTED WITH PEOPLE WHO WERE WELL-INFORMED ABOUT THE ILS PROGRAM, GENERAL ISSUES ASSOCIATED WITH PROVIDING LEGAL SERVICES TO PRISONERS, THE LAW, AND/OR THE CRIMINAL JUSTICE SYSTEM TO ASSESS RELATIVE NEEDS. THEY INDICATED THAT ATTORNEYS COMMITTED TO PROVIDING LEGAL SERVICES TO INMATES HAD MORE PRESTIGE AND VISIBILITY THAN SOCIAL AND PARALEGAL WORKERS AND THAT ATTORNEYS WERE STRONGER ADVOCATES FOR INMATES AND BETTER ABLE TO RESOLVE INMATE PROBLEMS THROUGH LITIGATION, NEGOTIATION, AND THEIR PRESENCE IN COUNTY JAILS. THE FEASIBILITY OF PROVIDING CIVIL LEGAL SERVICES TO PRISONS THROUGH ALTERNATIVE ORGANIZATIONS IS DISCUSSED. SUPPORTING DATA ARE PROVIDED, AND APPENDIXES CONTAIN THE INTERVIEW QUESTIONNAIRE AND ADDITIONAL INFORMATION ON INMATE LEGAL SERVICES. (DEP)