NCJ Number
57439
Journal
PRISON LAW MONITOR Volume: 1 Issue: 8 Dated: (FEBRUARY 1979) Pages: 177,196-199
Date Published
1979
Length
5 pages
Annotation
POTENTIAL SOURCES OF FUNDING FOR PRISON LEGAL SERVICES PROGRAMS ARE EXAMINED, AS WELL AS THE DIFFICULTIES THAT MUST BE OVERCOME IN ORDER TO IMPLEMENT THESE PROGRAMS.
Abstract
IN THE NEXT FEW YEARS THE AVAILABILITY OF LEGAL SERVICES TO PRISONERS SHOULD INCREASE. STANDARDS OF LEGAL ASSISTANCE WERE SET IN BOUNDS V. SMITH WHICH HELD THAT THE FUNDAMENTAL CONSTITUTIONAL RIGHTS OF ACCESS TO THE COURTS REQUIRES PRISON AUTHORITIES TO ASSIST INMATES IN THE PREPARATION AND FILING OF MEANINGFUL LEGAL PAPERS BY PROVIDING PRISONERS WITH ADEQUATE LAW LIBRARIES OR ADEQUATE ASSISTANCE FROM PERSONS TRAINED IN THE LAW. PRISON LEGAL SERVICES PROGRAMS (PLSP'S) ARE BECOMING KNOWN TO CORRECTIONS OFFICIALS AS 'SAFETY VALVES' OR GRIEVANCE MECHANISMS FOR PRISONERS. TYPES OF PLSP'S THAT NOW EXIST ARE LAW SCHOOL PROGRAMS, PRISONER PARALEGAL PROGRAMS, PRIVATE BAR PROGRAMS, AND STAFF ATTORNEY PROGRAMS. THE SOURCES OF FUNDING THAT ARE POSSIBLE FOR PLSP'S ARE NOTED: (1) LEAA AND SUBSIDIARIES HAVE PROVIDED MAJOR LEVELS OF FUNDING FOR PLSP'S IN MANY STATES; (2) THE LEGAL SERVICES CORPORATION, ALTHOUGH NOT NOW A MAJOR SOURCE, COULD PROVE MORE IMPORTANT THAN OTHER FEDERAL AGENCIES IN FUNDING ALL CIVIL LEGAL SERVICES, WHICH MAKE UP A LARGE PORTION OF PRISONERS' LEGAL SERVICE NEEDS; (3) FOUNDATIONS AND BAR ORGANIZATIONS HAVE SUPPORTED PLSP'S IN A NUMBER OF CASES; AND (4) STATE AND LOCAL GOVERNMENT SUPPORT. HOWEVER, GOVERNMENT SUPPORT MUST BE SCRUTINIZED CAREFULLY, AS THE TEMPTATION EXISTS FOR LOCAL OFFICIALS TO TRY TO EXERT CONTROL OVER PLSP PERSONNEL. IT IS NOW ESTABLISHED THAT THE TIME FOR PLSP'S HAS ARRIVED AND THAT FUNDING WILL BE MADE AVAILABLE TO SUPPORT ADEQUATE PLSP'S. A MATTER THAT REQUIRES FOR MORE PRECISE DISCUSSION IS THE LEVEL OF FUNDING THAT IS NEEDED TO IMPLEMENT AND RUN THESE PROGRAMS. FOOTNOTES ARE INCLUDED. (STB)