What are the procedures for attorney visits?

Posted by Chris Morales on Wed, Sep 25, 2013 @ 11:05 AM

Mad Dog’s Visitor’s Handbook

Procedures for attorneys are pretty standard (according to institution program statements), however policies do vary from place to place and under higher security situations. Detention and pre-trial facilities often have expanded hours of visitation for attorney visits.

The information below (from Beaumont FCC) is a good general guide for attorneys and their support staff:

Attorneys and support staff are required to complete the Notification to Visitor form (BP-S224.022) and Visiting Attorney Statement (BP-A241.013) prior to being authorized entrance into the institution.

During non-visiting hours, approved attorneys, paralegals, sponsors, investigators, or others who request admission to the facility to conduct interviews, will be processed as regular visitors and allowed entrance under escort by unit staff super visiting the visit to a designated visiting area.

Upon completion of business, these visitors will again be escorted to the Administration Building. Unit staff will provide visual supervision of attorney and support staff/client visits. Upon conclusion of the visit, staff will conduct a visual search of the inmate in accordance with established procedures.

Ordinarily, prior notice from the attorney’s firm/office should be forwarded at least 72 hours in advance of the requested legal visit. If requested in advance, the attorney should identify his/her State or Federal Attorney Bar Affiliation in the letter in order to allow for follow-up verification by unit staff. Unit staff will forward an informational memorandum to the Receptionist Front Lobby Officer, advising of the approved visit. The unit staff will also coordinate visits for legal support staff (paralegals, investigators, interpreters, etc.). When an attorney requests a student or legal assistant be allowed to correspond or visit an inmate, staff ordinarily should confirm the request by completing the Paralegal or Legal Assistant Confirmation (BP-A244.013). This confirmation should be given or sent to the supervising attorney, along with the Application to Enter Institution as Representative (BP-A243.013)

The exchange of legal material(s) between the inmate and attorney/legal representative is generally permitted with prior approval by the respective unit team, Upon arriving for the visit, both inmate and visitor shall indicate to staff those legal material , if any, to be exchanged during the visit. Staff will identify the documents as legal materials and examine them for contraband. In accordance with normal procedures, the inmate’s person and property shall be searched before returning to the compound. It is the inmate’s responsibility to ensure material exchanged is in furtherance of their legal relationship. Violations of this rule may result in disciplinary action.

All incoming telephone calls regarding legal support staff visitation should be forwarded to the appropriate unit team in order for staff to forward appropriate forms and follow-up on the background investigation, etc. Unit staff will forward an informational memorandum to the Receptionist/Front Lobby Officer advising of the approved visit. If any suspicious activity occurs during the course of any Attorney/Support Staff visit, supervising staff should contact the Operations Lieutenant and the Unit Manager. Examples of suspicious activity are as follows:

1) Excessive Physical Contact
2) Suspected passage of contraband
3) Intoxication

Attorney are expected to display a professional demeanor while in the institution.

The Morales Law Firm would like to thank Mad Dog's Visitor's Handbook for Federal Inmates for sharing this information with us.

 

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Tags: visit, jail, attorney