240-RICR-20-00-3. Access to Institutional Facilities by Attorneys and Their Agents (version Amendment, 10/23/2006 to 03/17/2008)

SECTION: SECURITY AND CONTROL 1 RHODE ISLAND DEPARTMENT OF CORRECTIONS 1 POLICY AND PROCEDURE SUBJECT: ACCESS TO INSTITUTIONAL FACILITIES BY ATTORNEYS AND I THEIR AGENTS POLICY NUMBER: 13.02-3 DOC SUPERCEDES: 13.02-2 DOC I - - AUTHORITY: Rhode Island General Laws (RIGL) 5 42-56-10(22), Powers of the director; 5 42-56-1, Declaration of policy REFERENCES: ACA # 3-4263, Access to Counsel I INMATE ACCESS THROUGH LAW LIBRARY? X YES 11 EFFECTIVE DATE: 10/23/06 I. PURPOSE: PAGE 1 OF 7 To establish procedures governing access to institutional facilities by attorneys and their agents for conducting legal business with their incarcerated clients. DIRECTOR: 1: w 11. POLICY: The Rhode Island Department of Corrections (RIDOC) grants access to institutional facilities to attorneys-of-record and their agents for the purposes of conducting interviews with incarcerated clients and participating in administrative hearings in which they represent a party. Such access is consistent with state and federal law and legitimate security and operational needs of the RIDOC. 111. PROCEDURES: A. For the purposes of this policy, attornevs are defined as members in good standing of the Bar of Rhode Island or members of any other state or federal jurisdiction who represent clients incarcerated at RIDOC. Public Notice: 07/ 02/ 2006 Public Hearing: 07/ 26/2006 13.02-3 DOC Access to Institutional Facilities by Attorneys and Their Agents 10/23/06 Page 2 of 7 B. Attorneys' agents - are any individuals employed by attorneys in any of the following categories: 1. Law students - persons enrolled in accredited law schools. 2. Paralegals/Legal Assistants/Investigators/Public Defender Social Workers - persons who work on legal matters under the supervision of attorneys. 3. Interpreters - persons whose profession involves the translation of languages and who provide ths service in the presence of attorneys who represent non-English speaking incarcerated clients. Also included are those who communicate in sign language or other communication formats that inmates may require. C. Public Defenders - persons possessing valid identification (ID) badges establishing them as employees of the Public Defender's Office. Such employees may be either: 1. Temporary (ID badges contain expiration dates); or 2. Permanent. D. Attorney and Agent Access to Institutional Facilities: 1. Attorneys' agents are granted access to institutional facilities provided: a. They work under the supervision and authorization of an attorney. b. The attorney provides the affected facility's Warden with a letter to that effect at least three (3) days in advance of the agent's initial visit to a facility. Letters from attorneys requesting access for agents must be on the law firm's stationery and must include the agent's name, title, and date of birth. c. They are not related to inmates for whom they provide professional services. "Related" is defined as blood, marriage, or step relationship. d. They are not on the visiting lists of inmates for whom they provide professional services. e. They are not former inmates. 13.02-3 DOC Access to Institutional Facilities by Attorneys and Their Agents 1 0123106 Page 3 of 7 f. Results of criminal history checks (i.e., BCI and, whenever feasible, NCIC) are satisfactory. (1) Criminal lustory checks are conducted on all agents by each facility. (2) Agents who have been convicted of or pleaded nolo contendere to felonies or misdemeanors in either federal or state courts, or who have pending criminal charges, may be denied access to the institution. 2. Exceptions to items a. through f. above are granted only by the Director, the Assistant Director for Institutions and Operations or designees. 3. The Warden or designee of each facility maintains a current list of all agents of attorneys who are authorized to enter the facility. The Warden of the Intake Service Center (ISC) or designee generates and circulates said list on a regular basis. a. Attorneys are responsible for submitting written lists of agents to the ISC Warden or designee every ninety (90) days. b. The Public Defender's Office will also provide to the ISC Warden a list of the Public Defender's Office's permanent employees every ninety (90) days. If the Public Defender's Office fails to do so, the ISC Warden or designee will contact the Office with a reminder. 4. Agents who are accompanied by supervising attorneys have received prior authorization from a Warden or designee, and who have proper identification are permitted access into the facility for business visits with inmates. 5. If an attorney wishes to enter the facility with an agent who is not on the current authorization list, s/ he must obtain prior approval from the Warden or designee. If s/ he is not available and a particular circumstance warrants an exception, the Shift Commander on duty may authorize entry, provided the agent is accompanied by the attorney-of-record and meets other requirements of this policy. BCI and, whenever feasible, NCIC checks must be done by the authorizing person prior to approval. 6. Paralegals, investigators, interpreters, law students, legal assistants, and Public Defender social workers are permitted to meet with inmates in the 13.02-3 DOC Access to Institutional Facilities by Attorneys and Their Agents 10/23/06 Page 4 of 7 absence of attorneys-of-record only after receiving approval from the Warden or designee. 7. Attorneys or agents who are denied access to an institutional facility are notified as to the reason(s) by the individual ~7ho denied access. In addition, the staff member who denied access files a detailed report with the Warden describing the reason(s) for denial. The Warden approves or denies the denial for future visits and notifies the attorney by letter, after conferring with RIDOC Legal Counsel. Copies of such letters are sent to RIDOC's Legal Counsel and the Assistant Director of Institutions and Operations. E. Securitv Requirements: 1. Idenhfication requirements are: a. Attorneys - Bar card and photo identdication. b. Agents - photo idenhfication and name appearing on list of approved agents. c. Public Defender's Office - Public Defender photo I.D. 2. ALL articles which attorneys and their agents are permitted to bring into the institutional facilities are subiect to search. 3. Suit jackets, blazers, and lightweight outerwear are permitted. Bulky outerwear is not permitted and is stored according to the specific facility's procedures. 4. Metal Detector. All attorneys and agents who visit clients in secure facilities are required to pass through metal detectors. Individuals who are not able to successfully pass through metal detectors may be subject to search or denied access to facilities. It is recommended that individuals planning to visit any of the secure facilities dress accordingly as certain articles of clothing (e.g., underwire bras, belts with excessive metal) may set of the detectors. 5. Jewelry is permitted. Attorneys and agents may put jewelry on after passing through metal detectors. 6. Briefcases/Pocketbooks. An attorney or agent may bring one receptacle (briefcase, pocketbook, handbag, purse, backpack, etc.) into the visit. 13.02-3 DOC 10/23/06 Access to Institutional Facilities by Attorneys and Their Agents Page 5 of 7 a. Receptacle must pass through metal detector. b. Receptacle must be presented for search. (1) Searches will be limited to determining the presence of contraband. (2) Sealed envelopes will be opened for inspection. (3) Correctional staff will not read documents for content. c. Receptacle contents should be limited to those items specified in section III.E.8.-11. and other items necessary for conducting the inmate interview. 7. Keys are permitted. 8. Wallets/Billfolds are permitted. 9. Recordinp Devices/Cameras/ Lap Top Computers are permitted. a. One item of removable storage media as relates to each item specified in III.E.9. above (e.g., cassette, film, and/or CD/DVD/diskette) is/are allowed. b. Its/Their use is limited to the meeting with clients in designated areas of the institutional facilities. c. All items used during interviews (see III.E.9 and III.E.9.a.) will be removed from the facilities by the attorneys or agents upon conclusion of the interviews. 10. Pagers (Beepers) worn by attorneys and agents are permitted after examination by correctional staff. 11. Papers/Documents. Attorneys and agents are permitted to leave legal papers or documents with their incarcerated clients. a. Such documents are subject to inspection for contraband following the visit. Sealed envelopes will be opened for inspection. However, their contents will not be read or copied by correctional staff. b. Personal letters are to be delivered through the normal mail process. 13.02-3 DOC Access to Institutional Facilities by Attorneys and Their Agents 10/23/06 Page 6 of 7 12. Cell phones, palm pilots, and/or blackberries are not permitted into any facility at any time. Said items may be left in the facility's Main Control Center (MCC) upon entrance. Attorneys and their agents are subject to all other Departmental and institutional policies and regulations governing visitors whch are not in direct conflict with tlus policy. F. Hours of Visits: 1. Attorneys and their agents are permitted to visit incarcerated clients between the hours of 8:30 AM and 8:30 PM every day, and at other times should special circumstances arise. Prior approval by the Warden or designee is required for access outside the hours of 8:30 AM to 8:30 PM. 2. Access may be delayed if an attorney or agent arrives while an institutional count is in promess - or an emergency is being addressed (i.e., Level I1 or Level I11 Emergency Response Codes). Attorneys and/or their agents should contact the facility(ies) they wish to visit or review affected facilities' bulletin boards located in reception areas for count times. The duration of counts is approximately 45 minutes. 3. Visits between attorneys and/or agents with clients which are in progress when a count begins are not terminated for the purpose of conducting the count. Correctional staff count the inmate in the location where the visit is taking place. 4. Visits by attorneys or agents with inmates are not terminated for meals. In cases where a visit continues through meal time, the Visiting Room Officer notifies the Shift Commander, who ensures suitable food is reserved for consumption by the inmate following the visit. G. Once allowed access to a facility, attorneys and/or their agents are required to sign the facility's legal blotter. H. Complaints: 1. Attorneys and their agents may carry copies of h s policy with them on visits in order to clarify issues regarding access which arise with correctional personnel. 13.02-3 DOC Access to Institutional Facilities by Attorneys and Their Agents 10/23/06 Page 7 of 7 2. Attorneys or agents who have complaints about access are encouraged to contact the Warden of the facility in question. If the matter is not resolved to the satisfaction of the attorney or agent, appeal may be made to the Assistant Director for Institutions and Operations. 3. All institutional personnel shall provide an attorney or attorney's agent with last name, rank, and badge number upon request. I. Emeraencv Cancellation: If an emergency exists within an institution, the Warden or designee may temporarily terminate visits by attorneys or their agents. J. Post Orders: Each facility Warden or designee shall incorporate into the post orders for Visiting Desk and MCC posts acknowledgements of the provisions provided herein. SECURITY & CONTROL\13.02-3 DOC\POLICI