(a) Jurisdiction.

(1) These rules govern defendants acting in Pro Per in Los Angeles County criminal proceedings and delineate the privileges granted to those defendants acting in Pro Per in Los Angeles County.

(2) These rules have the force and effect of procedural statutes and will be strictly followed. Defendants who fail to follow these rules may lose Pro Per status or Pro Per privileges. Defendants requesting Pro Per status shall file an affidavit stating that they are familiar with the rules and understand that the failure to adhere to these rules will result in appropriate sanctions including, but not limited to, the loss of Pro Per status or Pro Per privileges.

(3) Sheriff's Authority. The sheriff has the exclusive authority to house inmates and take such other action authorized by law, as is necessary to maintain jail security, discipline, and safety and provide for the operation of the jail. (Rule 6.41(a) amended and effective 1/1/2000.)

(b) Procedures.

(1) Notice of Hearing and Filing of Papers. Motions, applications for court orders, and other court documents shall be filed with the clerk of the court, and a copy shall be served on the Prosecuting Attorney and all other attorneys or parties in Pro Per ten days in advance of any proposed hearing date. Service by mail is acceptable. Any kind of writing or typing paper may be used, and all documents must be legibly printed in pencil or typed. Unless a hearing date for the motion was previously scheduled by the court, motions and other applications for hearings shall contain a proposed hearing date in the first paragraph. The first paragraph shall also contain a brief statement of the order or orders requested.

(2) Subpoena Power. The Defendant may use the subpoena power of the court to compel the attendance of witnesses. The Sheriff shall furnish subpoena forms for use by Pro Per inmates. Pro Per defendants may not subpoena individuals to annoy, embarrass, or harass any witness. This will be deemed an abuse of process. Individuals who lack personal knowledge concerning the factual issues of any hearing pending before the court may not be subpoenaed without prior court authorization. Violations of these rules may result in the loss of Pro Per status or Pro Per privileges.

Prior to issuing any subpoena for jail personnel, witnesses in the custody of the Sheriff or other governmental agencies, or such other witnesses as the court may designate, the defendant shall furnish a confidential offer of proof as to the anticipated testimony to the court in camera. This offer of proof shall set forth the anticipated testimony of the witness and explain how the testimony is relevant to the issues pending before the court.

If a subpoena is issued for facility commanders or other Sheriff executives, the Sheriff may substitute officers familiar with jail procedures or specific issues.

Any service of subpoenas by the Sheriff must be accomplished through the Sheriff's Civil Division.

(3) Motions Concerning Jail Conditions. Before an inmate may file a motion or writ with the court complaining of conditions of confinement or alleging violations of jail rules (including alleged violations of these rules), he or she must first file a written complaint with the facility commander, unless it can be shown that substantial prejudice would result. The facility commander shall investigate such inmate complaints and within ten (10) calendar days provide the inmate with a written response.

If the complaint is not resolved by the facility commander's written response and if the inmate chooses to file a motion or writ, the inmate must attach to any papers filed with the court a copy of the inmate's complaint and the response of the facility commander. If an inmate claims that substantial prejudice would result from following the facility complaint procedure, the inmate shall submit a detailed statement setting forth the basis for the claim of substantial prejudice.

All motions, writs or other requests as described in this paragraph shall be served on the Office of the County Counsel, Room 407 Sheriff's Headquarter's Building, 4700 Ramona Boulevard, Monterey Park, CA 91754.

The court may calendar a hearing date; direct that subpoenas be served upon necessary witnesses; direct the inmate's complaint to the Commander in charge of the facility where the inmate is housed for further consideration; or direct the Office of the County Counsel to file an answer. The answer may include recommendations concerning possible resolutions. If County Counsel files an answer, the Defendant shall have an opportunity to file a response. After considering all documents, the court may issue orders without further hearing.

(Rule 6.41(b) amended and effective 1/1/2000.)

(c) Privileges.

(1) Library Privileges. The Sheriff shall provide and maintain a law library for use by inmates granted Pro Per status. All Pro Per inmates shall be entitled to a maximum of two (2) hours per day of law library access. The law library shall operate seven days per week.

The Sheriff shall maintain a log which shows the time and date each Pro Per inmate uses the law library. The log shall be maintained for five years.

The Sheriff may designate the time and place of an inmate's law library access, and may assign inmates into groups based upon safety, security, and efficient use of available facilities.

It is the inmate's responsibility to avail himself or herself of the law library during his or her scheduled time. The Sheriff may, but is not required to, provide make up time. The Sheriff is under no obligation to provide any law books, other legal reference materials, or copies thereof to any inmate in his or her living area.

All inmates exercising Pro Per privileges have an affirmative duty to exercise the privileges in such a manner as not to infringe upon the exercise of Pro Per privileges by other inmates.

The use of the library is restricted to legal research and telephone calls directly related to an inmate's case. Inmates violating this section will be verbally warned and may be summarily removed from the library for the balance of the particular session. The verbal warning shall be documented. Repeated violations shall result in further disciplinary action and possible loss of Pro Per status or Pro Per privileges.

An inmate shall not remove or possess law books, source materials, or parts thereof from the law library. Law library materials found in an inmate's cell are contraband and subject the inmate to discipline. Theft, possession or destruction of law books or source materials from the library will result in discipline and may result in the loss of Pro Per status or Pro Per privileges.

(2) Library Telephone Privileges. Telephones shall be maintained in the library for use during normal library time. The Sheriff may restrict telephone use to outgoing calls. All phone calls made in the law library shall be related to the inmate's case. All phone calls are at the inmate's expense.

(3) Legal Forms. The Sheriff may provide legal forms for inmate use. Any forms not provided may be obtained and given to the inmate by a Legal Runner or Investigator.

(4) Legal Visits. Inmates granted Pro Per status shall receive extended visitation to confer with Legal Runners and Witnesses. Pro Per inmates may request one person to act as Legal Runner. The Legal Runner must be approved by the Sheriff and may be rejected for security concerns. The Legal Runner may visit and confer with the inmate during normal hours of inmate visiting for a maximum of thirty (30) minutes each day. A Legal Runner's status may be terminated by the Sheriff for disruptive conduct or violations of security procedures.

The Trial Court may authorize compensation for the Legal Runner not to exceed seven dollars ($7) per visit to a maximum of one hundred and five dollars ($105) per case.

Pro Per inmates shall submit a list of prospective material witnesses to the Sheriff. Inmates may interview listed witnesses during normal visitation. Witness interviews shall be limited to one per day and thirty (30) minutes in length.

Witness interviews with material witnesses in custody of the Sheriff or other governmental agencies shall only be permitted by specific court order. Pro Per inmates must submit to the court a confidential offer of proof in camera as to the anticipated testimony of such witness pursuant to Rule 6.41(b)(2) above. The court may reject requests for interviews if the offer of proof fails to demonstrate good cause for the interview. Such interviews are limited to thirty (30) minutes.

The time allotted for witness interviews shall not be extended and cannot be combined with time periods allotted for Legal Runner visits or regular visits.

(5) Legal Materials and Legal Correspondence. Pro Per inmates may accumulate legal materials. This includes reports, notes, court documents, and other materials relating to their criminal case. Legal correspondence is any confidential communication between an inmate and any state or federal court, with any attorney licensed to practice law in any state or the District of Columbia, the holder of any public office, the State Board of Corrections, any facility commander where the inmate may be housed, or the Sheriff. Legal correspondence must clearly indicate on the outside of the envelope that it is confidential legal correspondence.

a) It is the inmate's responsibility to store the materials within his/her living area in a safe and sanitary fashion. If the accumulated materials jeopardize the safety or security of the facility, the Sheriff may request the inmate to take appropriate remedial action. If the inmate fails to take such remedial action within a reasonable time, the Sheriff may remove excess property as designated by the inmate. Property removed may be stored by the Sheriff on behalf of the inmate or released to any person designated by the inmate. If the inmate fails to designate property to be removed, the Sheriff shall apply to the court for an order designating which property shall be stored.

b) It is the responsibility of the inmate to keep any legal materials separate and apart from his/her other personal property. The Sheriff may treat any legal materials which are stored with items of personal property such as soap, shampoo, food products, newspapers, and magazines as regular inmate property.

c) Legal materials may be searched only in the presence of the inmate. The Sheriff may inspect the materials for contraband but may not read the contents of the materials.

d) Incoming and outgoing legal correspondence may be searched for contraband only in the presence of the inmate. The Sheriff may physically inspect the materials for contraband but may not read the contents of the materials.

e) Upon the transfer of a Pro Per inmate to another facility, he/she shall be allowed to maintain possession of his/her legal material during the transfer. If an emergency requires an inmate's separation from his/her legal material, the legal material shall be sealed and stored in the inmate's name or released to any person designated by the inmate.

(6) Legal Supplies. Pro Per inmates may use paper, carbon paper, pencils, and erasers. These items may be purchased from the Jail Canteen by the inmate or given to the inmate from an outside source through the legal deputy. Items brought to the jail by outside sources shall be subject to reasonable security checks and restrictions imposed by the Sheriff.

No metal fasteners, except staples, will be permitted. Cord or plastic fasteners may be used to secure pages or transcripts. No ink pens or markers of any type are permitted. Inmates may use one personal typewriter in the Law Library. The typewriter must be manual and will only be admitted after a security check. The typewriter will remain in the custody of the Sheriff when it is not in use.

(7) Indigent Supplies. Upon order of the court, the Sheriff will provide legal supplies to indigent Pro Per inmates. Indigent supplies shall consist of one (1) legal tablet, ten (10) sheets of typing paper, one (1) pencil, four (4) sheets of carbon paper, and four (4) envelopes. Indigent supplies shall be given weekly.

Upon order of the court, the Sheriff will deposit a maximum of forty dollars ($40) indigent funds in an inmate's jail trust account. These funds may be used for witness phone calls, postage, purchasing additional supplies, or for other needs directly related to the inmate's case. All receipts for purchases of legal supplies will be retained by the inmate.

(Rule 6.41(c) amended and effective 1/1/2000.)

(d) Investigators. An inmate may retain the services of a state licensed investigator to assist in the preparation of the case. Upon proof to the court of an inmate's indigence and need for an investigator, the court may appoint a state licensed investigator.

Inmates shall be permitted to confer with licensed investigators during the normal hours of visiting. The Sheriff has the discretion to allow this visitation in the Attorney Room at such time as the Sheriff deems appropriate. Unless specifically authorized by the Sheriff, inmates may not use private booths to confer with licensed investigators.

(Rule 6.41(d) amended and effective 1/1/2000.)

(e) Requests for Additional Privileges. All requests for additional or special privileges, or treatment different from other Pro Per inmates, shall be filed with the trial court. These requests shall be accompanied by an affidavit detailing why the additional privilege or treatment is necessary. Requests for additional funds shall be accompanied by a detailed accounting showing how the original funds were expended, as well as for the legal materials previously purchased.

(Rule 6.41(e) amended and effective 1/1/2000.)

(f) Inmate Discipline and Revocation of Pro Per Status and Privileges. Pro Per inmates are subject to discipline for violations of jail rules and regulations in the same manner as all other inmates. All reports of inmate discipline shall be filed with the trial court. After reviewing the discipline report, the court may request the Sheriff to apply for an order modifying or revoking the inmate's Pro Per privileges or Pro Per status.

The Sheriff may apply for an order modifying or revoking some or all of an inmate's Pro Per privileges or Pro Per status for cause. Except in emergency situations, Pro Per privileges may not be revoked or modified as a concomitant of either jail discipline or administrative segregation without complying with the following procedures:

(1) The inmate is given notice of the charges upon which the proposed revocation, modification, or administrative segregation is based at least twenty-four (24) hours in advance of a hearing before the body making the decision to revoke, modify, or segregate.

(2) The inmate is given the opportunity to appear before the decision-making body within forty-eight (48) hours.

(3) The inmate is given the opportunity to present witnesses and documentary evidence. The decision-making body may restrict the presentation of live witnesses if doing so would be hazardous to the facility’s safety.

(4) The inmate is given a written statement of the evidence relied upon and the reasons for the action taken, except that when personal or facility safety requires, the statement may be properly excised of certain items of evidence based upon personal safety or the facility’s security.

(5) As soon as practical after the hearing, but in no event later than two (2) court days after the hearing, the Sheriff shall notify the court before which the inmate's case is pending of the request to revoke or modify the Pro Per privileges of the inmate. In circumstances where the inmate is Pro Per on multiple cases, the notice shall list all cases in which the defendant is acting in Pro Per and shall be filed in the court handling Pro Per matters, as is designated in Rule 6.41(e). This notice shall include a copy of the decision-making body’s report and all available discipline reports. Unless the safety of the inmate, the safety of other inmates or jail staff would be jeopardized, the inmate's Pro Per privileges should not be revoked or modified until the court itself modifies the order granting Pro Per privileges. In emergency situations the Sheriff may immediately suspend all Pro Per privileges, provided that the notice given to the court specifically states the privileges restricted and the emergency justifying the action taken. The Sheriff shall notice the court as soon as practical under the circumstances.

(6) The court receiving the notice outlined in Rule 6.41(f)(5) above shall review the request or decision of the Sheriff. Pending a hearing, the court may direct the Sheriff to reinstate any or all privileges that were suspended due to an emergency. The inmate will be entitled to appear at the hearing and present such evidence and objections as are material and relevant to the action. The court should calendar a hearing within a reasonable time.

(Rule 6.41(f) amended and effective 1/1/2000.)

(g) Temporary Suspension of Pro Per Privileges for Medical or Psychiatric Necessity. The Sheriff may temporarily suspend any or all of a Pro Per inmate’s in custody Pro Per privileges based upon the determination by the treating physician or psychiatrist that current use of any or all of the privileges afforded Pro Per inmates will endanger the health and welfare of the Pro Per inmate, the other Pro Per inmates, or staff. Any temporary suspension under this paragraph shall last only as long as the medical or psychiatric conditions require the limitation, and the Sheriff shall continue to provide all privileges that medical and/or mental health staff deem consistent with the ongoing care of the Pro Per inmate.

(1) The Sheriff shall notify all affected courts in writing of the suspension of Pro Per privileges, which Pro Per privileges were suspended, and the reasons for the temporary suspension of Pro Per privileges. Upon the request of the inmate, the Court shall calendar a hearing within a reasonable time. The inmate will be entitled to appear at the hearing and to present such evidence and objections as are material and relevant.

(2) The fact that a Pro Per inmate is under medical or psychiatric care does not limit the Sheriff’s rights to proceed under Rule 6.41(f) above in circumstances where the inmate has violated jail rules or the provision of these rules.

(3) The Sheriff shall promptly notify the court in writing upon the restoration of in custody Pro Per privileges.

(Rule 6.41(g) [new title, and text] added and effective 1/1/2000.)

(h) Pro Per Committee. The Presiding Judge may designate a committee of judges to act as the Los Angeles County Pro Per Committee. The committee shall meet with members of the Sheriff's Department no less than once annually to review, modify or update these rules.

(Rule 6.41(h) renumbered, amended and effective 1/1/2000.)

(i) Natural Disasters. In the event of a natural disaster or other emergency condition, the Sheriff may temporarily suspend any and all provisions of these rules. Notice shall be given to the Presiding Judge as soon as practical under the circumstances of the disaster. Pro Per privileges shall resume as soon as possible. (Rule 6.41(i) renumbered, amended and effective 1/1/2000.)

(j) Duration of Privileges. An inmate's Pro Per privileges and status as a Pro Per defendant terminate upon sentencing. Requests for Pro Per privileges after sentencing shall be made to the trial court sentencing the inmate. (Rule 6.41(j) renumbered, amended and effective 1/1/2000.)

(Rule 6.41 [1/1/96] amended and effective 1/1/2000.)CHAPTER 6 — CAPITAL CASES