50 State Chart – Statutes, Regulations and Guidance Regarding

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Alabama

Phone

Visitation

Mail

Regulations/ Guidance

* The state of Alabama

maintains oversight of

prisons, community

corrections and county jails.

County jails must adhere to

the

Criminal Detention

Facility Standards

Alabama Dept. of Correction Administrative

Regulations Number 431 Inmate Telephone System

V(G.) All telephone calls, except those involving

attorney-client privileges, are subject to being

recorded and investigated where necessary to

maintain institutional security

Arkansas Criminal Detention Facility Standards

(jails)

SECTION 10-1008 A telephone shall be made

available for inmate usage to notify family and legal

counsel at time of incarceration. The Chief

Executive shall establish policy for other telephone

usage.

Alabama Dept. of Correction Administrative

Regulations Number 303 Visitation

V(C)(2)(h). Unless specifically approved by the

Warden, or his/her designee, all meetings between

attorneys and an inmate shall be one-on-one. The

Warden, or his/her designee, shall make every

reasonable effort to provide a room where an

attorney can meet confidentially with an inmate. A

meeting place shall be provided in which others

cannot reasonably overhear the discussion between

an inmate and attorney.

Arkansas Criminal Detention Facility Standards

(jails)

SECTION 16-1027 VISITATION AND

CONSULTATION AREA The area for visitation by

the public shall be outside the security perimeter,

visiting area for the inmate shall be inside the

security perimeter. The visiting area shall be

acoustically treated to reduce noise. These areas

may also be used as private consultation rooms for

law enforcement officers, attorneys, clergy, etc.

Optional contact visitation spaces may be provided.

Alabama Dept. of Correction Administrative Regulations:

Number 448 Inmate Mail

Legal Mail:

1. Outgoing:

a. Inmates shall be provided two (2) free stamps per week

for legal mail only.

i. The names of inmates receiving the free stamps shall

be maintained in a log. ii. The log shall reflect the name

of the inmate, the recipient’s name and address, and

the date. Each Warden shall designate a box for “Legal

Mail.”

2. Incoming:

a. A log shall be maintained by mail staff members that

lists each piece of legal mail received, the date inspected,

delivered, sender’s name and recipient’s signature.

b. The inmate shall sign for all “Legal Mail” prior to

receipt.

c. All “Legal Mail” shall be opened and inspected for

contraband in the presence of the inmate.

d. Improperly addressed “Legal Mail” (to include, but not

limited to, incorrect or missing bed / housing assignment

and / or AIS number) shall be forwarded to the Warden /

designee for verification and delivery, if appropriate.

Arkansas Criminal Detention Facility Standards

(jails)

SECTION 10-1005 WRITTEN POLICY REQUIRED FOR

INSPECTION OF MAIL The Chief Executive shall

establish a written policy for inspection of incoming mail

and packages, in order to intercept cash, checks, money

orders and other contraband items. Items seized shall be

properly receipted and copy of same furnished to the

inmate. The policy should include a provision that states

that mail will not be held for more than 24 hours, excluding

holidays and weekends.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

SECTION 10-1006 WRITTEN POLICY REQUIRED FOR

OUTGOING INMATE CORRESPONDENCE The Chief

Executive shall establish a written policy to provide for an

inmate to send sealed letters to courts, officials of the

confining authority, counsel, government officials,

administrators of grievance organizations and parole or

probation authorities. Letters to and from such cited

persons or agencies may be opened for contraband

inspection but only in the presence of the inmate.

Alaska

Phone

Visitation

Mail

Statutes

Title 33. Probation, Prisons, Pardons, and Prisoners

§ 33.30.231. Telephone access and monitoring

inside correctional institutions:

in order to preserve the security and orderly

administration of the correctional facility and to

protect the public, the commissioner shall monitor

or record the telephone conversations of prisoners.

The commissioner shall post a warning by each

telephone informing prisoners that calls may be

monitored or recorded. The monitoring or

recording may be conducted on all calls or

selectively or in some other limited manner as

determined by the commissioner to be appropriate.

A recording of a telephone call made under this

subsection shall be kept confidential, and access to

the recording and its contents is limited to persons

who are acting within the scope of their official

duties and whose access to specific recordings has

been authorized by the facility superintendent. A

telephone call between an attorney and a prisoner or

between the office of the ombudsman and a prisoner

may not be monitored or recorded except when

authorized by a court.

Regulations/Guidance

22 AAC 05.530 Prisoner phone calls

22 AAC 05.545 Access to Attorneys.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Alaska has a “unified”

prison and jail system. The

Department of Corrections

regulations apply to all

facilities.

(b) In order to preserve the security and orderly

administration of the correctional facility and to

protect the public, facility staff members may

monitor or record prisoner telephone calls and

conversations on visitor intercommunication phones

as long as a sign placed near the prisoner's extension

advises the prisoner that the conversation is subject

to monitoring or recording. A prisoner's call to an

attorney may not be monitored unless authorized by

a court.

(a) Upon proof of identity, an attorney entitled to

practice in the State of Alaska, whether generally or

by permission of the court, may visit a prisoner

regarding legal matters at any reasonable time

during normal business hours, and at other times

with the approval of the superintendent.

(b) An attorney, as described in (a) of this section,

may visit a prisoner at any time of day or night

within 24 hours after the prisoner's initial admission

to the facility or upon the filing of new criminal

charges, subject to 22 AAC 05.010.

(a) of this section has the same right to access to

prisoners as the attorney, unless the superintendent

has reason to believe that the agent poses a threat to

a security interest of the facility. The superintendent

may require the attorney to specify in writing the

identity of the agent and the identity of the prisoner

to be interviewed.

(d) Upon a prisoner's request, writing materials

must be furnished, as well as access to the services

of a person authorized to administer oaths and take

acknowledgments.

Arizona

Phone

Visitation

Mail

Regulations/Guidance

* While these rules apply to

state run prisons, the extent

to which they also apply to

county run jails is unclear.

902 – Inmate Legal Access to the Courts.

14.6 Legal phone calls shall not be monitored or

recorded.

14.7 Staff members shall not listen to the

conversation, but shall maintain visual contact of the

inmate when the inmate is in an area where security

or information may be compromised.

902 – Inmate Legal Access to the Courts.

15.1 Attorney/Agent of an Attorney Visits

15.1.1 Attorney or agent visits shall be held in a

location within the institution designated

by the Warden, Deputy Warden or Administrator of

the institution.

15.1.2 Attorneys or their agents shall contact the

Warden, Deputy Warden or Administrator

at least 48 hours in advance of the requested visit

and provide their name and date of birth. Attorneys

shall also provide their Bar number.

902 – Inmate Legal Access to the Courts.

11.1 Inmates shall identify outgoing legal mail by writing

"LEGAL MAIL" on the lower left-hand corner of the

envelope. (See the Glossary of Terms for guidance on what

constitutes “legal mail.”)

11.2 Inmates must address the mail and include the name of

the attorney, court or judge. Staff members who process the

mail shall return the mail to the inmate if he/she requests

mail to be sent as legal mail and it is not to an attorney,

judge, or court.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

15.1.3 Contact or non-contact visits by attorneys or

their agents shall be allowed (consistent with the

safe, secure and orderly operation of the institution)

only when they are approved in advance by the

Warden, Deputy Warden or Administrator.

15.1.4 In an emergency, the Warden, Deputy

Warden or Administrator may waive the

advance notice requirement.

15.1.4.1 In such cases, the attorney or agent shall

provide, at the time of the visit, written justification

for the emergency.

15.1.4.2 When a justified emergency exists, space

for the visit shall be provided, consistent with the

safe, secure and orderly operation of the institution.

15.1.5 Attorneys and agents shall be advised the

inmate shall be questioned to determine if

the inmate wishes to meet with the requesting

attorney or agent.

15.1.6 If the inmate agrees to meet with the attorney

or agent, the visit shall be approved

and scheduled.

15.1.7 If the inmate does not agree to meet with the

attorney or agent, the attorney or agent shall be

contacted within the same 48 hour period of the

initial request and informed the visit has been

denied. The appropriate staff member shall ensure a

Visitation Waiver, Form 911-2, is completed in

accordance with Department Order #911, Inmate

Visitation.

11.3 In inmate-initiated lawsuits, mail sent to a judge, court

or ADCRR defendant prior to an Assistant Attorney

General being assigned shall not be considered legal mail.

11.3.1 If an inmate disagrees with this decision, he/she may

request to have the Paralegal review by submitting a

Paralegal Assistance Request form to determine whether it

may be approved as Qualified Legal Claim service. The

Paralegal may contact the Legal Access Monitor for

direction.

11.4 Outgoing mail not labeled as legal mail shall be

processed as regular mail.

11.5 All legal mail, outgoing or incoming, shall be logged

in accordance with Department Order #914, Inmate Mail.

11.6 Staff members who process incoming or outgoing

inmate mail shall:

11.6.1 Generally identify all legal mail and record it on a

log by indicating the inmate's name and the sender's name.

11.6.2 Inspect such mail for contraband as outlined in this

section, stamp the envelope

"LEGAL MAIL, ARIZONA DEPARTMENT OF

CORRECTIONS, REHABILITATION AND

REENTRY" using a commercial stamp, and log it before it

is placed in the envelope and sealed by the inmate. {5-ACI-

7D-06}

11.6.2.1 All incoming legal mail shall be opened in the

presence of the inmate and checked for contraband items,

but staff members may not read, skim, scan, or review the

written contents of any incoming legal mail, but should

remain vigilant in searching for suspicious features that can

be identified without reading the words on a page.

Examples include, but not limited to, maps of prison

complexes, shift change documents, and the like.

11.6.2.1.1 Staff members may seize the mail if it does not

qualify as legal mail, following consultation with, and

approval from, the Deputy Warden or designee. The

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Deputy Warden or designee may contact the Legal Access

Monitor for direction.

11.6.2.1.2 Seized mail requires that an Inmate

Property/Contraband/Disposition Tracking form be

completed in accordance with Department Order #909,

Inmate Property.

11.6.2.1.3 Staff members who deliver incoming legal mail

shall have the inmate sign and date the log, acknowledging

delivery.

11.6.2.2 Compact discs sent in from attorneys shall be

considered legal materials and are to be stored in the

inmate’s designated box(es) for legal materials upon

receipt.

11.6.2.2.1 In order to view the compact disc, inmates must

submit an Inmate Letter to the unit Deputy Warden to

request to view the compact disc.

11.6.2.2.2 Staff members shall be present upon initial

review of the compact disc by the inmate. Staff members

may not read, skim, scan, or review the written contents of

any incoming legal mail, but should remain vigilant in

searching for suspicious features that can be identified

without reading the words on a page. Examples include, but

are not limited to, maps of prison complexes, shift change

documents, and the like. The inmate will then have an

opportunity to conduct any legal work needed with the

compact disc.

11.6.2.2.3 If contraband is found on the compact disc

during the reviewing process, designated security staff shall

terminate the session and seize the compact disc.

11.6.2.2.4 Seized compact discs require the completion of

an Inmate Property/Contraband/Disposition Tracking form

in accordance with Department Order #909, Inmate

Property.

11.6.2.3 All outgoing legal mail shall be brought to the mail

room by the inmate. Designated staff shall visually inspect

mail for contraband items and log it before it’s placed in the

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

envelope and sealed in the presence of the inmate. Staff

may not read, skim, scan, or review the written contents of

any outgoing legal mail but should remain vigilant in

searching for suspicious features that can be identified

without reading the words on a page. Examples include, but

not limited to, maps of prison complexes, shift change

documents, and the like.

11.6.2.3.1 If an inmate is ineligible to bring outgoing legal

mail to the mail room, staff shall visually inspect, but not

read, skim, scan, or review the written contents, and seal

the mail in front of the inmate’s cell.

11.6.2.3.2 Staff may seize the mail if they determine it

contains contraband items, following consultation with, and

approval from the Deputy Warden or designee.

11.6.2.3.3 The Deputy Warden or designee may contact the

Legal Access Monitor for direction. Seized mail requires

that an Inmate Property/Contraband/Disposition Tracking

form be completed in accordance with Department Order

#909, Inmate Property.

11.6.3 Send legal mail as first class mail regardless of the

inmate's ability to pay the required postage

11.6.4 Submit names of inmates claiming to have

inadequate funds for postage to the Business Office,

indicating postage due from the inmate. The Business

Office shall either debit the inmate ITA or place a hold on

the inmate’s ITA if there are insufficient funds to pay the

postage.

11.7 Designated staff shall not rely solely on the words

“LEGAL MAIL” having been stamped on the envelope.

Designated staff shall verify via online resources or contact

the law firm or legal organization in a good faith effort to

determine the name of the addressee responsible for the

mail and that the addressee is a licensed attorney. Once

verified, staff shall stamp “LEGAL MAIL” on the

envelope.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

11.7.1 If there is any serious doubt as to whether the

contents of the envelope contain legal mail, designated staff

shall contact the Legal Access Monitor for direction.

11.8 Staff members suspecting abuse of the legal mail

designation shall advise the Warden or Deputy Warden

who shall take appropriate action following consultation

with the Department’s General Counsel or designee. An

inmate who intentionally sends personal mail to a private

address and falsely claims it is legal mail shall be subject to

disciplinary action in accordance with Department Order

#803, Inmate Disciplinary Procedure.

11.9 When applicable, staff members shall take the

following steps to locate inmates to whom legal mail is

addressed and to forward such mail to the inmate.

11.9.1 Use the Arizona Correctional Information System

(ACIS) and inmate records to locate any addressee of legal

correspondence who is not located at the institution

which received the correspondence, and to locate any

inmate who has received legal

mail which does not have an ADCRR Number as part of

the address.

11.9.1.1 Staff members shall have inmates verify they are

the person to whom the legal mail is addressed utilizing the

inmate's identification card.

11.9.2 Staff members shall forward any legal mail to any

inmate addressee who is under commitment to or

supervised by the Department.

11.9.2.1 Staff members should continue to exercise their

discretion and take all reasonable and necessary steps to

provide those inmates being held offsite (i.e., not in an

ADCRR prison complex or facility) with reasonable

access to their lawyers and the courts under the

circumstances of their off-site custody.

11.9.2.2 Responsible personnel should continue to be

guided by the underlying premise of the Department’s legal

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

access policy that inmates should “communicate legal

matter through the mail whenever possible.”

11.9.2.2.1 Inmates, offenders and parolees receiving

forwarded legal correspondence shall notify the sender of

their new address

Arkansas

Phone

Visitation

Mail

Regulations/Guidance

* It appears that Arkansas

Board of Corrections rules

apply to both prisons and

DOC jails.

Administrative Regulations Board of Corrections

and Administrative Rules Board of Corrections

ADC AR 867 / ACC AR 7.29 Use of Telephone

(V)(B). Telephone contact with offenders' attorneys

may be approved upon presentation of evidence the

call is necessary.

Administrative Regulations Board of Corrections

and Administrative Rules Board of Corrections

AR 0865 Visitation

(VI)(C)(3). An attorney visiting area shall be

provided to ensure privileged communications

between offenders and their attorneys; however, the

area used for these visits is subject to general staff

supervision.

California

Phone

Visitation

Mail

Statutes

California Penal Code § 5058.7

(a) The department shall approve an attorney’s

request to have a confidential call with the inmate

that they represent. The approved confidential call

shall be at least 30 minutes once per month, per

inmate, per case, unless the inmate or attorney

requests less time.

(b) For purposes of this section, “confidential call”

means a telephone call between an inmate and their

attorney that both the inmate and attorney intend to

be private

Regulations/Guidance

* It appears that the

California Department of

Corrections and

Rehabilitation’s Operations

Manuals apply to both

prisons and jails.

Department of Corrections and Rehabilitation

Adults Institutions, Programs and Parole Operations

Manual

12070.14 Privacy of Authorized Calls.

Authorized personal phone calls by an employee

shall not be monitored or recorded. The wiretapping

or monitoring of authorized/unauthorized personal

calls, confidential or not, by CDCR employees over

Department of Corrections and Rehabilitation

Adults Institutions, Programs and Parole Operations

Manual

54020.32 Attorney Visitations and Consultation.

Inmates have a right to access the courts and the

judicial system. It is the policy of the CDCR to

facilitate both correspondence and personal

consultation for this purpose. An attorney visit is a

Department of Corrections and Rehabilitation Adults

Institutions, Programs and Parole Operations Manual

54010.12.1 Persons with Whom Inmates May Correspond

Confidentially.

Persons and employees of persons with whom inmates may

correspond confidentially, and receive correspondence

confidentially from, include:

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

CDCR or State telephone systems is prohibited

except as authorized by an order of a court having

jurisdiction over the institution, facility, or office,

and obtained under Penal Code (PC) Section 629.50

et seq., or as authorized under PC 633. These

exceptions apply only to the investigation of cases

involving criminal conduct by employees and/or

inmates. In all cases where CDCR investigators

request court orders under PC 629.50 et seq., or

through local law enforcement involvement under

PC 633, the Deputy Director, Law Enforcement and

Investigations Unit will first be notified.

Wiretapping or monitoring of employee telephone

calls in cases involving administrative violations is

prohibited.

52060.8 Confidential Telephone Calls.

Wardens may delegate authority to specific staff

members to authorize confidential telephone calls

between an inmate and the inmate’s attorney, or any

other person when designated staff determines that

confidentiality is warranted. Approval and clearance

for a confidential phone call between an inmate and

their attorney shall be conducted according to

Section 3282 of the Title 15. The CDCR Form 106-

A shall be used to document clearance. The

information in the CDCR Form 106-A shall be

updated regularly, but no less frequently than

annually. Authorized confidential calls shall not be

monitored or recorded. However, inmates will be

under constant visual observation during the

confidential phone call. Confidential calls shall not

be placed on designated inmate telephones

private consultation between an inmate and his/her

attorney or representative. Conversations between

an inmate and an attorney or attorney representative

shall not be listened to or monitored with the

exception of visual observation by staff as required

for the safety and security of the institution/facility.

Attorneys or attorney representatives shall not be

permitted to attend or participate in any conference

or committee meeting of staff and the inmate

concerned, except as may be authorized by law or

regulation.

54020.32.4 Location of Attorney Visits.

Attorney visits shall be conducted in

institution/facility visiting rooms. Inmates shall be

granted contact or non-contact visits, according to

their visiting status at the time of the attorney visit.

• When a compelling need exists, the institution

head or designee may grant an inmate on non-

contact visiting status a contact attorney visit. Such

visits shall occur in private visiting accommodations

specified by the institution facility in accordance

with this Section.

• If an attorney or attorney representative does not

desire private accommodations, the attorney or

attorney representative may visit the inmate on any

regularly scheduled visiting day and shall be

provided the same accommodations as a regular

visit, with the exception that, notwithstanding the

limitations of DOM 54020.15, legal documents may

be exchanged in accordance with CCR Section

3178(o)

• Any attorney at law, on active status or in good

standing, listed with a state bar association

Colorado

Phone

Visitation

Mail

Regulations/Guidance

850-12 Telephone Regulations for Offenders.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

* While these rules apply to

state run prisons, the extent

to which they also apply to

county run jails is unclear.

M. Legal Calls:

1. DOC will ensure and facilitate access to

counsel and assist offenders in making confidential

contacts with attorneys and their authorized

representatives; such contact includes, but is not

limited to, telephone communications.

2. All authorized representatives will provide a

copy to the CIPS office of their supervising

attorney’s current Supreme Court attorney

registration card, or the equivalent form of

identification issued by the state in which they are

admitted to practice law, along with a notarized

letter signed by the supervising attorney on the

attorney’s letterhead. The letter will specifically

state that the agent is representing the attorney.

3. If the offender fails to adhere to the procedures

contained in this section, the call is not considered a

properly placed legal call and may be recorded

and/or monitored by employees. Notice of the

potential for monitoring will be posted on or near

offender telephones.

4. If an offender wishes to make an unmonitored

or unrecorded legal call, the offender must provide

the attorney registration number for the legal

counsel on AR Form 850-12A, Colorado Inmate

Phone System Offender Phone List along with the

business address and telephone number of the

attorney.

5. Once the request has been received in the

CIPS office, the attorney registration number,

address, and phone number will be verified. Positive

acceptance is not required on verified attorney calls

placed by debit to allow offenders who reach an

automated attendant to input an extension number.

Positive acceptance is required on verified attorney

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

calls placed collect as the called party must agree to

pay for the call before it is connected.

6. A business telephone number for attorneys

will be given the status of unmonitored or

unrecorded. Attorney cellular and/or home numbers

CAN be entered as unmonitored or unrecorded

numbers if the CIPS office has verified the phone

numbers belong to an attorney. If the number cannot

be verified, they will be entered as recorded phone

numbers. Exceptions may be made by CIPS

supervisor or designee.

7. Offenders or attorneys who are notified of an

imminent, previously unknown, court deadline

within the next ten days or less may be allowed to

communicate with one another by telephone on an

emergency basis.

a. Offenders may be allowed to place an

emergent call, collect or debit, or to receive an

emergent call from their attorney of record. The

attorney of record will contact the facility

litigation coordinator to facilitate the call.

b. Upon notification of the emergent situation,

the offender will contact their case manager,

who will contact the facility litigation

coordinator, to facilitate an emergency call.

c. The facility litigation coordinator will require

the attorney and/or offender to provide

verifiable documentation of the emergency.

8. It will be the responsibility of both the attorney

and offender to ensure that the offender has

requested that the attorney be placed on the

offender’s CIPS list to make unmonitored legal

calls. Attorneys may contact their clients in writing

or in person to inform them that verbal

communications may be necessary and that it is the

offender’s responsibility to make the request. The

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

attorney should send correspondence to the offender

immediately upon agreeing to provide

representation so that necessary time is afforded

DOC employees to process the request.

Connecticut

Phone

Visitation

Mail

Regulations/Guidance

* Connecticut has a

“unified” prison and jail

system. The Department of

Corrections regulations

apply to all facilities.

Connecticut Administrative Directive

10.7 Inmate Communications

5(F). Privileged Telephone Calls.

An inmate shall be provided a reasonable

accommodation to make non-recorded telephone

calls to any person enumerated in Section 3(H) of

this Directive on telephones without the recording

and/or listening provided for in Section 5(D) of this

Directive, and provided the person enumerated in

Section 3(H)called agrees to accept the call. Inmates

shall be allowed two privileged calls a month in

addition to calls initiated by the inmate's attorney.

Calls answered by a busy signal shall not be

counted. Calls answered by a person or machine,

capable of taking a message, shall be counted as a

contact. An inmate's request for a call to an attorney

shall be honored either by the close of the first

business day following the day on which the request

was received or on the day specified by the inmate,

whichever shall occur later. Requests by attorneys,

to include paralegals and law students working

under an attorney's supervision, for privileged calls

to inmates shall be honored by the close of the first

business day following the day on which the request

was received from the attorney or at the time

specified by the attorney, whichever shall occur

later. Requests by attorneys shall be honored

without limitations as to number or frequency.

Privileged calls shall be placed by staff who shall

verify the party's identity prior to placing the inmate

Connecticut Administrative Directive

10.6 Inmate Visits.

c. Privileged Visits Provisions and Standards.

General Provisions.

1. Privileged visits shall be reasonably

accommodated. When any questionable

circumstance arises regarding accommodation of a

privileged visitor, the shift supervisor, in

consultation with the duty officer, shall personally

investigate the situation using face to-face contact

and shall obtain any additional information

necessary, to try to accommodate the visit. If a

privileged visit is not accommodated, the shift

supervisor or higher authority shall complete CN

6601, Incident Report, in accordance with

Administrative Directive 6.6, Reporting of

Incidents, detailing all actions taken and the

reason(s) the visit was not accommodated or was

denied. The incident shall be reported as a Class 3

incident. Privileged visitors shall present valid

identification containing a photograph and

certification of status prior to being allowed to visit

as detailed in this section. Privileged visitors shall

not be required to submit to the standard security

screening but must successfully pass through the

metal detector.

2. A privileged visitor may not visit that same

inmate in a social capacity. Likewise, a social visitor

may not have a privileged visit with the inmate

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

on the line. he staff member shall then move out of

listening range of the inmate's conversation. The

employee placing the call may maintain visual

observation of the inmate. Privileged calls shall

normally be limited to 10 minutes duration. In the

absence of exigent circumstances, this limitation

may be increased at the oral or written request of the

attorney. A log shall be kept for privileged

telephonic communications in accordance with

Administrative Directive 6.2, Facility Post Orders

and Logs, denoting the following:

1. Inmate name and number;

2. Date and name of person making request;

3. Date and time of call;

4. Authorizing authority;

5. Staff placing call;

6. Number called;

7. Person contacted;

8. Duration of call;

9. Inmate signature (at completion of call); and,

10. Date and time call completed. When an

inmate's call is terminated due to exigent

circumstances, an incident report shall be completed

in accordance with Administrative Directive 6.6,

Reporting of Incidents. A copy of the report shall be

forwarded to the appropriate District Administrator

for review.

unless he or she is first removed from the social

visitor list.

Delaware

Phone

Visitation

Mail

Statutes

Title 11, §1431.

1. Telephone messages received or overheard by

police as evidence. ---In any prosecution for a

gambling offense, evidence that a police officer,

when making an arrest for a gambling offense,

received or overheard telephone messages intended

for the accused or an associate of the accused which

tend to prove that gambling activity was being

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

conducted is admissible. The gathering and

disclosure of such evidence, including the contents

of the telephone messages received or overheard,

does not violate any law of this State.

Regulations/ Guidance

* Delaware has a “unified”

prison and jail system. The

Department of Corrections

regulations apply to all

facilities.

Policy of State of Delaware Dept. of Correction.

Policy Number 3.7 – Telephone Access

V(I). All Offender calls may be monitored and

recorded for security purposes with the following

exceptions:

1. Legal calls

Policy of State of Delaware Dept. of Correction. Policy

Number 4.0 – Offender Mail

D. Legal/ Privileged Mail

2. Outgoing legal/privileged mail will be recorded and

shall not be opened for inspection or any other purpose or

otherwise impended in its transmission if it:

a. Is addressed to a person eligible to receive

legal/privileged mail under this policy;

b. Included the offender’s name and return address on

the outside of the envelope;

c. Has been marked by the institution to indicate to the

addressee that:

1. The letter was sent by an inmate in a State Prison

2. The State is not responsible for debts incurred, or for

the contents of the letter

d. Successfully passes a fluoroscope examination for

contraband.

4. Incoming legal/privileged mail will be recorded and

may be required to successful pass a fluoroscope

examination for contraband but shall not be opened or

scanned except in the presence of the addressee offender,

unless waived in writing, for the sole purpose of

ascertaining that its contents are free of contraband

Florida

Phone

Visitation

Mail

Statutes

944.151

Safe operation and security of correctional

institutions and facilities.—It is the intent of the

Legislature that the Department of Corrections shall

be responsible for the safe operation and security of

the correctional institutions and facilities. The safe

operation and security of the state’s correctional

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

institutions and facilities are critical to ensure public

safety and the safety of department employees and

offenders, and to contain violent and chronic

offenders until offenders are otherwise released

from the department’s custody pursuant to law. The

Secretary of Corrections shall, at a minimum:

(10) Direct appropriate department staff to adopt

and enforce minimum safety and security standards

and policies that include, but are not limited to:

(a) Random monitoring of outgoing telephone

calls by inmates.

Regulations/ Guidance

* While prisons are state

run, Florida jails are

administered by counties

and required to follow the

Florida Model Jail Standards

33-602.205 Inmate Telephone Use.

(3) Calls to attorneys.

(a) Inmates shall be allowed to make private

telephone calls to attorneys upon presentation to

the warden or his designee of evidence that the

call is necessary. Such evidence shall be a letter

from the attorney requesting the return call or a

court order containing a deadline the inmate

cannot meet if he must communicate by letter with

the attorney. The letter shall be on attorney

letterhead, signed by the attorney requesting the

telephone call, and include the bar association

number of the attorney. Alternatively, an attorney

shall be permitted to request prior arrangements be

made with the warden or warden’s designee to

have an inmate receive a private telephone call

from the attorney on an unmonitored telephone by

submitting a signed copy of form DC6-20001 and

a copy of the attorney’s bar admission card along

with the request letter, email with attached

required documents, or FAX. Form DC6-20001 is

hereby incorporated by reference. Copies of this

form are available from the Forms Control

Administrator, 501 South Calhoun Street,

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Tallahassee, Florida 32399-2500.

http://www.flrules.org/Gateway/reference.asp?No

=Ref-14204. The effective date of this form is

05/22. Unmonitored calls shall be limited to those

which are necessary and cannot reasonably be

accomplished through other available means of

communication. Except as authorized by warrant

or order of court, telephone calls to attorneys

made pursuant to this section shall not be

monitored or electronically recorded. These calls

will be placed on telephones designated for this

purpose and shall be collect calls; there shall be at

least one telephone at each institution that is not

connected to the monitoring system for these calls.

(b) If an inmate places a call to their attorney’s

telephone number outside of the parameters

above, it will be collect, subject to monitoring and

recording, and limited to 30 minutes, in

accordance with subsection (2) of this rule. If the

inmate and the attorney want to have non-

monitored conversations, the procedures in

paragraph (3)(a) must be followed.

Georgia

Phone

Visitation

Mail

Regulations/ Guidance

* It appears that the policies

pertaining to state run

prisons in Georgia do not

also apply to county run

jails. Jail policies appear to

be county specific.

Offender Access to Telephones (Policy Number

227.01)

IV(H)(2). Call Monitoring Procedures

2. The offender telephone system automatically

records all offender calls unless a number has been

blocked for recording purposes. Calls placed to the

offender’s Attorney and to the Indigent Defense

Council will be entitled to attorney-client

confidentiality and will not be recorded or

monitored if the offender designated the number as

being that of their Attorney on the Call Allow list.

The recording feature must be blocked on all calls to

Visitation of Offenders (Policy Number 227.05)

IV(Z). Attorneys

1. For the purpose of visitation, the term attorney

includes an offender's attorney of record or any

other attorney licensed to practice in State or United

States Courts, Court of Appeals, or the Supreme

Courts with whom the offender has or is attempting

to establish an attorney-client relationship.

2. Attorney’s requesting visits shall be required to

submit the Attorney Visitation Request form,

Attachment 6, along with a copy of their State Bar

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

this number so these calls are NOT recorded. When

monitoring calls, it is the responsibility of the

person monitoring to ensure they are not monitoring

an attorney call. It is the responsibility of the

Warden/Superintendent, or their designee to ensure

they are not monitoring calls protected by attorney-

client privilege

Card and a copy of an acceptable photograph

identification card.

a. Attorneys shall be permitted to visit their

clients at the facility during prescribed visiting

periods with prior approval.

b. In addition, reasonable flexibility shall be

exercised in permitting attorneys, by prior

appointment, to visit with their clients during

normal business hours.

c. Offenders shall be instructed to advise their

attorneys that appointments are required to visit

except in bona fide emergencies.

d. Appointments must be made through the

Warden's or Superintendent's Office twenty-four

(24) hours in advance.

e. Surveillance and general supervision during

the visit shall be maintained by correctional staff.

The correctional staff member shall be positioned

so as to permit the attorney and client to converse

privately (uncensored) and maintain the privileged

nature of their relationship.

f. No special provisions shall be made for

attorneys during normal visiting hours

3. By prior arrangements with the Warden or

Superintendent or their designee, the offender may

be visited by a paralegal, investigator, law assistant

or other person employed by the attorney to

represent the offender. This visit will be supervised

in the same manner as described above.

a. Before allowing such a visit, the Warden or

Superintendent or their designee shall require the

attorney to contact the Warden or Superintendent

or their designee and identify the person desired to

be sent in the attorney's stead.

b. At each visit the Warden or Superintendent,

or their designee, shall require the presentation of

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

a letter, dated no later than one (1) week prior to

presentation, signed by the attorney, and

identifying the holder and the offender to be

visited. This letter should be placed in the

offender's institutional file.

c. The Warden or Superintendent or their

designee may refuse permission for these visits for

cause. Cause may include misrepresentation made

by the attorney, paralegal, investigator, law

assistant or other persons employed by the

attorney concerning the visits, as well as, the

existence of facts, which give the Warden or

Superintendent or their designee reason to believe

the visit would pose a threat to facility security.

Hawaii

Phone

Visitation

Mail

Regulations/ Guidance

* Hawaii has a “unified”

prison and jail system. The

Department of Corrections

regulations apply to all

facilities.

Corrections Administration Policy and Procedures.

Inmate Legal Activities

5(11)(d) Telephone calls

1. It is the department’s goal to provide

telephone access that is effectively regulated and

handled in a manner which does not compromise

legitimate penological interests. All telephone calls,

with the exception of legal calls, are subject to

monitoring and recording.

In accordance with PSD, P&P, COR.15.03,

attorneys of record including landlines and cell

phones, shall be identified as a legal call on PSD

8733, personal Allowed Numbers.

Corrections Administration Policy and Procedures.

Inmate Legal Activities

5(11)(b) Attorney Visits

1. Attorneys shall be advised by the facility to

give prior notice of their intent to visit the inmate

outside of regular visiting hours. Attorneys shall be

encouraged to visit their clients during the normal

visiting hours set by the facility. Each facility shall

establish contingency plans for necessary attorney

visits during the evenings or weekends where there

is an emergency situation with the inmate’s case.

Attorneys shall be required to furnish their active

bar number for identification purposes whenever

visiting or making appointments for visits outside of

regular visiting hours.

2. Attorneys and all their belongings and

equipment are subject to search for contraband upon

entry to the facility. Attorneys must show

documentation they are attorneys prior to their

admission into the facility.

Corrections Administration Policy and Procedures. Inmate

Legal Activities

5(11)(c)Correspondence

1. Incoming and outgoing correspondence between an

inmate and an attorney shall be treated as privileged mail in

accordance with PSD, P&P, COR.15.02, Correspondence

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

3. All inmate and attorney visits shall be in an

areas where the attorney client privilege can be

honored, but that staff may keep visual contact with

the inmate without monitoring the conversation,

Idaho

Phone

Visitation

Mail

Regulations/ Guidance

* While prisons are state

run, Idaho jails are

administered by counties

and required to follow the

Idaho Jail Standards Manual

Idaho Dept of Correction, Standard Operating

Procedure. Telephones and Electronic

Communication Systems: Resident. 503.02.01.001

8. Attorney Telephone Calls

Telephone calls between a resident and an

attorney, placed to the attorney’s business telephone

number as listed with the Idaho State Bar, are not

monitored or recorded. Voice messages left by an

attorney using the resident phone system for an

resident are not privileged, are recorded, and can be

monitored.

The contract administrator or RCMS vendor must

obtain, from the Idaho Bar, the business telephone

numbers of all Idaho attorneys and provide the

numbers to the RCMS vendor. The RCMS vendor

must program the RCMS so that calls made to Idaho

attorney telephone numbers cannot be monitored or

recorded. Attorneys may request to have their

business telephone number added to the

nonmonitored list. Requests must be sent to the

contract administrator on the attorney’s official

letterhead. The contract administrator must use the

appropriate state bar website to confirm the attorney

is active and in good standing with the bar, and

verify the name, address, and telephone number of

the attorney. If the telephone number is verified, the

contract administrator provides the name and

contact information to the SIU chief investigator or

designee and the prison division’s chief for review

prior to adding it to the RCMS. Once approved by

Idaho Dept of Correction, Standard Operating

Procedure. Attorney and Professional Individual

Access to Inmates. 604.02.01.002.

2. Attorney and Attorney Agent Access

The IDOC allows meetings between inmates and

attorneys or their agents, or both, to work on a legal

claim or proceeding.

Attorneys or their agents may have social visits with

inmates pursuant to standard visiting procedures

(see Visiting, SOP 604.02.01.001).

To the extent possible--based on staffing and facility

design--facility heads must identify an

area that allows the inmate and the attorney, or the

attorney’s agent, the opportunity to

conduct legal business where staff members are able

to observe the meetings but cannot

overhear or record the conversation.

Idaho Dept of Correction, Standard Operating Procedure.

Mail Handling in Correctional Facilities. 402.02.01.001

16. Incoming Confidential Mail

Incoming confidential mail must be delivered to the unit

sealed. A unit staff member will open and inspect the

envelope in the presence of the inmate but will not read it.

However, incoming confidential mail may be scanned to

ensure that it does not violate the provision of this SOP. If

contraband or materials are found that violate the

provisions of this SOP, the mail will be withheld and

immediately forwarded to the facility head or designee.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

the SIU chief investigator and prison division’s

chief, the contract administrator adds the number

and notifies the attorney in writing when the

programming is complete. An attorney can request

to add a secondary number to the non-monitored

list. The request must be made using the attorney’s

letterhead, signed by the attorney representing the

resident, and sent to the contract administrator.

Proof of ownership by means of a billing statement

for the number must be provided. Personal

information can be redacted from the billing

statement, but name, date, account number, and

telephone number must be visible. If the number is a

second office and the contract administrator can

independently verify that is the attorney’s place of

business, the billing statement is not required. The

contract administrator forwards the request to the

SIU chief investigator and the division of prisons

chief. The division of prisons chief approves or

denies the request and notifies the contract

administrator who must take appropriate action,

notifying the requesting attorney in writing of the

decision and actions taken.

Unintended Recording of a Resident/Attorney

Telephone Call If a resident-attorney telephone call

(to the attorney’s business number) is inadvertently

recorded, the staff member must not listen to the call

or immediately stop listening when the staff learns

that the call is to an attorney and must not share any

of the conversation with other staff, except as noted

in the next subsection. The staff member must

immediately notify his manager or facility head or

designees. The manager or facility head or

designees must verify that it is an attorney’s

authorized business number and if verified, ensure

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

the number is programmed as a non-monitored

number in the RCMS. Once verified that it was an

attorney business number, any recorded call to that

number must be deleted from the RCMS. If the

attorney telephone call was to a number that was not

an authorized business number, the facility head or

designee must notify the attorney of the following: •

That the telephone number is not on the non-

monitored list • That the attorney’s business number

recorded with the Idaho Bar is on the nonmonitored

list he process if the attorney wants to request

adding an additional number to the nonmonitored

list

Illinois

Phone

Visitation

Mail

Regulations/ Guidance

* While prisons are state

run, Idaho jails are

administered by counties

and required to follow the

Illinois County Jail

Standards. Municipal jails

are administered by

municipalities and required

to follow the Municipal Jail

and Lockup Standards. The

Jail and Detention Standards

Unit of the Illinois

Department of Corrections,

monitors jails to ensure

compliance with the County

and Municipal Standards

Illinois Joint Committee on Administrative Rules.

TITLE 20: CORRECTIONS, CRIMINAL

JUSTICE, AND LAW ENFORCEMENT

CHAPTER I: DEPARTMENT OF

CORRECTIONS

SUBCHAPTER e: OPERATIONS

PART 525 RIGHTS AND PRIVILEGES

Section 525.150 Telephone Privileges

g) Offenders who are the subject of a new

criminal indictment, information, or complaint shall

be permitted to make reasonable telephone calls to

attorneys for the purpose of securing defense

counsel, regardless of the individual's institutional

status.

Illinois Joint Committee on Administrative Rules.

TITLE 20: CORRECTIONS, CRIMINAL

JUSTICE, AND LAW ENFORCEMENT

CHAPTER I: DEPARTMENT OF

CORRECTIONS

SUBCHAPTER e: OPERATIONS

PART 525 RIGHTS AND PRIVILEGES

Section 525.40 Attorney Visitation − Adult

Division

a) Licensed attorneys and any investigators, law

students, or paralegals working under their

supervision may visit an offender during regularly

scheduled visiting hours unless permission has been

granted by the Chief Administrative Officer to visit

during other hours.

…..

c) Attorneys or those working under their

supervision are requested to notify the Chief

Administrative Officer of the designated time and

date of the visit at least two days in advance of the

visit in order to make special visiting room

arrangements

Illinois Joint Committee on Administrative Rules. TITLE

20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW

ENFORCEMENT

CHAPTER I: DEPARTMENT OF CORRECTIONS

SUBCHAPTER e: OPERATIONS

PART 525 RIGHTS AND PRIVILEGES

Section 525.140 Incoming Mail

a) Incoming privileged mail must be clearly marked as

"privileged" and be clearly marked with the name, title, and

address of the sender.

b) Incoming privileged mail may be opened in the

presence of the offender to whom it is addressed to inspect

for contraband, to verify the identity of the sender, and to

determine that nothing other than legal or official matter is

enclosed.

c) Incoming privileged mail may contain communications

only from the privileged correspondent whose name and

address appear on the envelope. If non-privileged material

or correspondence from a third party is found to be

enclosed, such material shall be treated as non-privileged

mail.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Indiana

Phone

Visitation

Mail

Regulations/ Guidance

* While the Department of

Corrections Manual of

Policies and Procedures

appear to apply only to state

run facilities, the Indiana

Department of Correction

includes a County Jail

Services Division that

conducts inspections to

ensure best practices

consistent with the Indiana

Jail Standards (210 IAC 3-

1), American Correctional

Association (ACA) and the

National Institute of

Corrections (NIC)

Indiana Department of Corrections. Manual of

Policies and Procedures. Telephone Privileges.

Number 02-01-105

VII. TELEPHONE CALLS TO LEGAL

REPRESENTATIVES

Offenders shall be permitted to make telephone

calls to attorneys in accordance with Policy 00-01-

102, “Offender Access to the Courts” and these

procedures. Offenders shall be provided the

opportunity to make calls to the legal

representatives without offender calling system

monitoring. Offender telephone calls to legal

representatives shall not be considered one of the

offender's regular telephone calls. An offender's

legal representative may either call or write the

Facility Head to request that his/her offender client

be allowed to make an unmonitored telephone call.

It shall be the responsibility of the offender to

advise staff when a telephone call to a legal

representative is being made. Failure to so advise

staff may result in the offender’s telephone call

being monitored. Offender telephone calls to legal

representatives shall typically be made using the

offender calling system; however, facilities may

approve direct dial calls under certain circumstances

(e.g. when the legal representatives telephone

system cuts off the offender's call when it is

transferred). The facility shall establish operational

procedures for placing direct dial calls to legal

representatives including designating staff to

oversee these calls. The facility shall not apply any

frequency limitations, within reason, on offender

telephone calls to legal representatives when the

offender can demonstrate that communication by

correspondence, visitation or regular telephone use

Indiana Department of Corrections. Manual of

Policies and Procedures. Offender Visitation.

Number 02-01-102

VIII. PERSONS EXEMPTED FROM THE

VISITATION SCHEDULE

Staff must verify the qualifications of exempted

visitors and may request background information

and official assignment documentation from the

potential visitor for this purpose. Whenever

possible, exempted visitors should schedule. their

visits at least 24 hours in advance so that the

facilities can ensure that suitable accommodations

are available. Attorneys, government officials, or

persons from other agencies/organizations providing

an approved service for the facility or the offender

(e.g., Mental Health professionals, Indiana

Vocational Rehabilitation counselors, etc.) may be

approved for visitation on a case by case basis. Such

visits shall not be considered as part of the

offender's regular visitation schedule and these

visitors need not be on the visitation list (as

determined in the operational procedures required

by Procedure VI). If the attorney or government

official is not on the authorized visiting list,

approval from the Superintendent or designee is

required. Where space is available and the security

of the facility and safety of the people involved will

not be impaired, a special area may be set aside for

attorney-client visits. If space is available,

arrangements also may be made to allow clergy to

have a separate space, outside of the regular visiting

room/area, to meet with the offender. The area shall

be observable by staff; however, staff shall not

listen to the conversations.

Indiana Department of Corrections. Manual of Policies and

Procedures. Offender Correspondence. Number 02-01-103

VII. LEGAL MAIL

Offenders shall be allowed unrestricted access to legal

representatives and courts through the mail. Only that mail

to or from an offender which is clearly identified as legal

mail shall be treated as such. It is the responsibility of the

sender to indicate that the correspondence is legal mail.

Mail from a court, an attorney, or legal organization (such

as LSO, ACLU, ICLU, etc.) shall be treated as legal mail.

Also, mail identified as a Tort Claim sent to the

Commissioner shall be treated as legal mail.

Offenders who are foreign nationals shall be permitted to

correspond with the embassy or consulate of their home

nation. This mail shall be considered legal correspondence

and shall be subject to the same requirements as other

correspondence designated as legal mail. Staff shall not

interfere with a foreign national offender attempting to

correspond with their embassy or consulate. If the item is

legal mail or privileged correspondence, the facilities shall

adhere to the following procedure:

A. Staff shall inspect the incoming Legal Mail or

Privileged Correspondence by making a visual inspection

of the outside of the mail. If anything appears unusual or

suspicious, staff shall confiscate the item in accordance

with this policy and administrative procedure and submit

the envelope to the Office of Investigations and Intelligence

for further investigation.

B. If the incoming mail passes visual inspection, staff

shall confirm the address on the envelope. The address

must be an actual physical location and staff shall make

contact with the attorney’s office or government office

listed on the envelope. If contact cannot be made within a

reasonable amount of time (twenty-four [24] hours), Mail

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

is inadequate. Each facility shall develop

operational procedures to provide for unmonitored

telephone conversations with legal representatives.

These operational procedures shall ensure that

offenders are provided with necessary information

to request and place these telephone calls. Should an

offender fail to follow these procedures for making

an unmonitored telephone call to an attorney, the

call may be monitored.

Room staff shall inform the offender of the delay in

correspondence.

C. If, after reasonable efforts, contact and address

location cannot be confirmed with the attorney or

attorney’s office or someone from the listed government

office, the incoming mail shall be properly confiscated and

documented, and submitted to the Office of Investigations

and Intelligence for further investigation.

D. If contact and confirmation with the attorney or

attorney’s office or government office is made, and the

contents verified, the incoming mail may be released to the

offender.

E. Legal mail or privileged correspondence shall not be

opened by the Mail Room staff. If there are concerns

regarding contents of the mail, the correspondence shall be

immediately properly confiscated and submitted to the

Office of Investigations and Intelligence.

F. Staff shall inspect any legal mail or privileged

correspondence returned to the facility from the Post

Office. If a visual inspection of the mail does not indicate

anything unusual or suspicious (e.g., when the returned

item is noted on facility logs of outgoing mail), the mail

shall be treated as incoming Legal mail or privileged

correspondence and opened in the presence of the offender

only to check for contraband/prohibited property. If no

contraband/prohibited property is found, it shall be given to

the offender. G. In the event that suspicion is raised that

the returned legal mail or privileged

correspondence is tainted with a foreign substance or

contains contraband/prohibited property, it shall be treated

in the same manner as non-legal mail or privileged or non-

privileged correspondence which raised similar suspicion.

Iowa

Phone

Visitation

Mail

Regulations/ Guidance

Iowa Administrative Rules - Corrections Dept 201.

20.3(10)(b). Attorneys. Attorneys must complete an

initial visitor application form to visit an

Iowa Administrative Rules - Corrections Dept 201.

50.19(1) Prisoner Mail.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

* While these rules apply to

state run prisons, the extent

to which they also apply to

county run jails is unclear.

incarcerated individual; however, this initial

application shall apply to multiple visiting lists.

After initial approval is established, attorneys must

contact the central visiting authority at 319 385

9511 to be added to the visiting lists of additional

incarcerated individuals. Background checks are not

required and attorneys shall not be counted as a

friend on an incarcerated individual’s visiting list as

set forth in 20.3(3)”b). Attorneys shall present proof

of identity upon entrance to the institution, the

incarcerated individual must express a desire to visit

with an attorney before the attorney will be

admitted, Attorney visits shall be during normal

visiting hours unless a special visit has been

requested by the incarcerated individual and

approved by the warden or designee prior to the

visit.

d. Privileges communication if so marked may only to

opened in the presence of the prisoner and then only to

detect the presence of contraband; it may not be read except

by the prisoner. Privileged correspondence is defined as

incoming and outgoing mail to or from

(1) an attorney.

Kansas

Phone

Visitation

Mail

Regulations/ Guidance

* While these policies apply

to state run prisons, the

extent to which they also

apply to county run jails is

unclear.

Kansas Dept of Corrections. Internal management

Policy and Procedure: Inmate Telephone Service.

Section Number 10-111.

An Inmate Telephone Service [ITS] shall be

available at all facilities for inmates to place collect

or prepaid telephone calls. (ACO 2-CO-5D-01, ACI

3-4439) Inmates who wish to make use of the ITS

shall be required to prepare and update a list of up to

twenty (20) persons, including attorneys, with

whom they wish to have telephone contact. Except

where otherwise provided by this IMPP, the facility

may monitor and record any non-attorney calls

placed by any inmate on the ITS.

D. Inmate telephone calls, except for attorney

calls, may be subject to monitoring and recording.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Kentucky

Phone

Visitation

Mail

Regulations/Guidance

* Kentucky’s Department of

Corrections policies apply to

state run prisons, while jails

are subject to the

Jail

Standards for Full-service

Facilities

Kentucky Dept of Corrections Policies and

Procedures. Chapter 16. Communication, Mail and

Visiting. 16.3 Inmate Access to Telephones.

(prisons)

II.(D) Staff shall not listen to a call from an inmate

to his attorney

501 KAR 3:140.Prisoner rights.

(jails)

Section 3.Telephone.

(1)A newly admitted prisoner shall be permitted a

reasonable number of local or collect long distance

telephone calls to an attorney of the prisoner's

choice, or to a family member, as soon as practical,

generally within one (1) hour after arrival, until one

(1) call has been completed.

(2)The jailer, jail administrator, or jail personnel

shall maintain a log of telephone calls made by a

prisoner during the admission procedure unless

those calls are made on a telephone in the housing

area. The log shall document the date, time, and

party contacted.

(3)Any prisoner admitted to a facility for a

temporary stay of forty-eight (48) hours or less

before proceeding or returning to another

destination shall be considered in transit and

therefore not entitled to a phone call.

(4)Written policy and procedure shall permit each

prisoner to complete at least one (1) telephone call

each week. The expense incurred for a call shall be

borne by the prisoner or the party called.

(5)A minimum of five (5) minutes shall be allotted

for each phone call.

(6)If calls are monitored, the prisoner shall be

notified.

501 KAR 3:140.Prisoner rights. (jails)

(4)The jailer, jail administrator, or jail personnel

shall ensure the right of a prisoner to have

confidential access to his attorney or authorized

representative.

(a)To the extent available in the jail and reasonable

for use by an attorney, "confidential access" shall

include a meeting with counsel in a private room in

the jail. The room may be used for purposes other

than attorney-client visits, but shall meet the

conditions established in this paragraph:

1.Jail employees and other prisoners shall not enter

the room during the attorney-client meeting, unless

an emergency or the security of the jail requires.

2.The room should be located so that conversations

in ordinary tones with the door closed cannot be

overheard by others outside the room.

3.If the room is located so that jail personnel could

not hear a call for aid from the room with the door

closed, then the room shall contain some other

means to summon aid.

4.The room shall contain a desk or table and seating

for an attorney, an assistant, and a prisoner.

5.The room shall have a means to access electricity

suitable for plugging in a laptop or portable

television, if the jail allows these items to be

brought into the jail by an attorney, for the purpose

of viewing discovery or other litigation materials.

The jail may provide a laptop, portable television, or

other means for viewing discovery.

6.The attorney shall be permitted access to a

telephone, unless an emergency or the security of

the jail requires otherwise. The jail may provide a

phone in the meeting room or in another location

within the jail.

Kentucky Dept of Corrections Policies and Procedures.

Chapter 16. Communication, Mail and Visiting. 16.2

Inmate Correspondence. (prisons)

II. C. Privileged Mail

1. Incoming privileged mail shall be opened in the

presence of the inmate and inspected for contraband.

2. The identity of the sender shall be evident on the face

of the envelope or mailing container. Incoming privileged

mail shall not be read if the sender is adequately identified

on the envelope and the purpose of the mail is not an issue

in determining whether it should be considered privileged

mail. In the absence of adequate identification or a question

about the purpose, staff may open and inspect the mail to

ascertain whether it is, in fact, privileged mail.

3. If an inmate has placed adequate postage on the item,

outgoing privileged mail shall be sealed by the inmate and

not inspected by staff so long as the inmate has clearly

indicated an addressee that meets the definition of

privileged mail.

4. If an inmate seeks to send mail after signing a written

money authorization for payment from his inmate account

that allows payment when funds are received, the outgoing

privileged mail shall be presented to staff in an unsealed

envelope in the manner determined by the institution. The

institution shall not require the inmate to leave unsealed

outgoing privileged mail for later review. In the presence of

the inmate, staff shall scan or read only those sections of

the mail that are necessary to determine if it meets the

definition of privileged mail. Privileged mail shall not be

removed from the inmate’s presence before being sealed.

5. If it is determined that the outgoing mail does not

comply with the privileged mail policy, the inmate shall

receive an appropriate disciplinary charge and the mail

shall be rejected. 6. Incoming privileged mail shall be

recorded as to the date and time of delivery to the inmate.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

(7)Telephone privileges may be suspended for a

designated period of time if telephone rules are

violated.

The inmate may be required to sign for receiving privileged

mail

501 KAR 3:140.Prisoner rights.

(jails)

Section 2.Mail.

(1)The jailer or jail administrator shall have written policy

and procedure for receiving and sending mail that:

(a)Protects prisoners' personal rights; and

(b)Provides for security practices consistent with the

operation of the jail.

(2)A prisoner shall be allowed to correspond with anyone if

the correspondence does not violate state or federal law.

Caution shall be taken to protect prisoner rights in

accordance with court decisions regarding correspondence.

A jailer or jail administrator may enact a policy prohibiting

the sending or receipt of prisoner-to-prisoner mail. The

policy shall permit the jailer or jail administrator discretion

to grant the privilege.

(3)Incoming mail may be opened and inspected for

contraband prior to delivery. Mail received from the court,

an attorney of record, or a public official may be opened

and inspected only in the presence of the prisoner.

Louisiana

Phone

Visitation

Mail

Statutes

Regulations/Guidance

* The first listed regulations

apply to state run prisons,

while the later regulations

apply to parish and city run

jails.

LA Administrative Code Title 22. § 315. Telephone

Use and Policy on Monitoring of Calls

D(2)(c) Dormitory Housing Legal Calls. The

warden shall establish a schedule for legal calls.

Offenders are generally able to place legal calls

during the lunch period “non-working hours,” or

after the afternoon count (when "normal office

hours" are in effect for attorneys.) The warden shall

establish an alternate procedure if this is not

adequate

D(3)(c) Cellblock Housing Legal Calls. The

warden shall establish a procedure for placing legal

LA Administrative Code Title 22. § 317. Attorney

Visits

D. General

1. Offenders may refuse to see any attorney; such

refusal shall be in writing and filed in the offender's

master record.

2. A log shall be maintained of all visits by

attorneys, paralegals, legal assistants, law clerks and

investigators.

3. Visits may be visually observed, but

conversations between offenders and counsel shall

not, under any circumstance, be monitored.

LA Administrative Code Title 22. § 313. Offender Mail and

Publications

F. 8. Identification of Privileged Correspondence.

It is the responsibility and duty of institutional staff to

verify the legitimacy of the official listed on the envelope.

For purposes of this regulation, “identifiable” means that

the official or legal capacity of the addressee is listed on the

envelope and is verifiable. If not, then the letter is to be

treated as general correspondence and an appropriate

inquiry made into the offender’s intent in addressing the

envelope as privileged mail.

9. All outgoing privileged correspondence shall include:

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

calls on a reasonable basis during "normal office

hours." Each housing unit shall maintain a legal

telephone log for the purpose of monitoring the

number of legal calls made by offenders on a

weekly basis. All legal calls are to be logged with

the attorney's full name, bar number, telephone

number called, date, time and whether completed.

D(4)(b) Incoming Calls. Legal Calls. Offenders

may be given notice that their attorney has requested

contact. Complete verification is required prior to

processing. If minimum or medium custody, the

offender may call from the dormitory during lunch

or after work. If maximum custody, the offender

may be allowed to call during "normal office hours"

at a time which does not interfere with the orderly

operation of the unit.

D(6)(a)(iii). Monitoring. Telephone calls to the

offender’s designated attorney(s) will not be

routinely monitored. Any telephone calls placed on

offender telephones to attorneys shall be recorded

but not monitored unless the warden determines a

security need exists. Prior to examination of the

content of the conversation with the attorney, the

party requesting examination must put in writing the

factors supporting the good cause and submit to the

warden for approval. Only after approval has been

received, shall the conversation be examined. Only

investigators approved by the chief of operations

shall be allowed to monitor the calls.

MINIMUM JAIL STANDARDS

§3107. Telephone

A. Inmates shall have reasonable access to

telephones on a regular schedule.

B. Inmates shall be permitted to complete two

local telephone calls at institution expense

4. Visits between death row offenders and

attorneys, paralegals, legal assistants, law clerks and

investigators may be non-contact at the warden’s

discretion.

5. Attorneys, paralegals, legal assistants, law

clerks and investigators are subject to searches

according to established procedures, as are all other

visitors.

MINIMUM JAIL STANDARDS

§3103. Visiting

A. Inmates shall have maximum freedom and

duration for visiting consistent with the security and

management needs of the institution.

B. Each inmate shall be permitted a minimum of

one personal visiting period per week.

C. Visitors shall be notified by posted signs that

they and their possessions are subject to search at

any time within the security perimeter of the

institution.

D. Visitors shall register before admission and

may be denied admission for refusal to register, for

refusal to consent to search, or for any violation of

posted institutional rules.

E. Inmate visits shall be conducted under visual

surveillance of security staff, but conversations with

visitors shall not be monitored.

F. Space shall be provided for all activities

required by the visiting program.

a. a complete legible name and address of the party the

correspondence is being sent to;

b. the offender’s name, DOC number, housing unit, and

the address of the institution on the upper left hand corner

of the envelope. Drawings, writing, and marking on

envelopes, other than return and sending address, are not

permitted. All outgoing privileged correspondence shall

be stamped in the mailroom to indicate it originates in a

correctional institution;

c. outgoing privileged correspondence may be posted

sealed, and will not be opened and inspected without

express authorization from the warden or deputy warden

as specified in Paragraph F.11 of this Section.

10. Incoming Privileged Correspondence

a. All incoming privileged correspondence must contain

the return address of the sender and the name and DOC

number of the offender and the name and mailing address

of the facility. All incoming privileged correspondence

shall be opened in the presence of the offender to whom it

is addressed and inspected for the presence of cash,

checks, money orders and contraband and to verify as

unobtrusively as possible, that the correspondence does

not contain material that is not entitled to the privilege.

When the material is inspected and it is found to be bound

or secured in any manner that would prevent the thorough

inspection of the document, the offender shall have the

option of allowing staff to take the document apart for

adequate inspection or returning the material to the sender

to require that the material be returned in a loose manner

to allow for proper inspection. Additionally, offenders

receiving legal material in the form of a compact disc

shall have the option of paying for copies to be made by

the facility or returning the disc to the sender in order to

require that the material be converted to paper copies.

Payment for paper copies of legal material from a

compact disc shall be in accordance with established

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

immediately after arrest, or two collect long distance

calls if they are not local residents.

C. Inmates shall have maximum freedom and

duration of telephone privileges consistent with the

security and management needs of the institution.

D. Inmate telephone calls shall be confidential and

shall not be monitored

policy and procedures. b. Incoming privileged mail may

be opened and inspected outside the offender’s presence

in the circumstances outlined in Paragraph F.11 of this

Section.

MINIMUM JAIL STANDARDS

§3105. Mail

G. Outgoing letters to courts, recognized attorneys at law,

governmental agencies and elected officials shall not be

opened or read unless for security reasons, and will be

submitted sealed by the inmate with the title or position of

the addressee clearly marked on the envelope.

H. Incoming letters from courts, recognized attorneys at

law, governmental agencies and elected officials may be

opened for inspection, but only in the presence of the

inmate recipient and without being read for content.

Maine

Phone

Visitation

Mail

Statutes

15 MRSA §712

2. Investigative officers.

It is not a violation of this chapter for an

investigative officer, or for another employee of the

Department of Corrections authorized to exercise

law enforcement powers as described in Title 34‑A,

section 3011, to intercept, disclose or use that

communication in the normal course of employment

while engaged in any activity that is related to the

administration of criminal justice as defined in Title

16, section 703, subsection 1 for the purposes of the

Criminal History Record Information Act or as

defined in Title 16, section 803, subsection 2 for the

purposes of the Intelligence and Investigative

Record Information Act; or while engaged in any

activity that is related to the administration of

juvenile justice if:

A. Either the sender or receiver of that

communication is a person residing in an adult or

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

juvenile correctional facility administered by the

Department of Corrections; and [PL 2009, c. 93,

§1 (AMD).]

B. Notice of the possibility of interception is

provided in a way sufficient to make the parties to

the communication aware of the possibility of

interception, which includes:

(1) Providing the resident with a written

notification statement;

(2) Posting written notification next to every

telephone at the facility that is subject to

monitoring; and

(3) Informing the recipient of a telephone call

from the resident by playing a recorded warning

before the recipient accepts the call.

C. This subsection does not authorize any

interference with the attorney-client privilege.

3. Jail investigative officer. It is not a violation of

this chapter for a jail investigative officer, as

defined in this chapter, or for a jail employee acting

at the direction of a jail investigative officer to

intercept, disclose or use that communication in the

normal course of employment while engaged in any

activity that is related to the administration of

criminal justice as defined in Title 16, section 703,

subsection 1 for the purposes of the Criminal

History Record Information Act or as defined in

Title 16, section 803, subsection 2 for the purposes

of the Intelligence and Investigative Record

Information Act if:

A. Either the sender or the receiver of that

communication is a person residing in an adult

section of the jail; and [PL 2011, c. 507, §5

(AMD).]

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

B. Notice of the possibility of interception is

provided in a way sufficient to make the parties to

the communication aware of the possibility of

interception, which includes:

(1) Providing the resident with a written

notification statement;

(2) Posting written notification next to every

telephone at the jail that is subject to monitoring;

and

(3) Informing the recipient of a telephone call from

the resident by playing a recorded warning before

the recipient accepts the call.

This subsection does not authorize any interference

with the attorney-client privilege.

Regulations/Guidance

* Maine

’s Department of

Corrections policies apply to

state run prisons, while jails

are subject to the

Detention

and Correctional Standards

for Maine Counties and

Municipalities

State of Maine Dept of Corrections, Policy Number

21.3: Prisoner Telephone System

State of Maine Dept of Corrections, Policy Number

16.2(JF): Access to Telephones

(juvenile)

Jail and County Standards:

Microsoft Word -

Adopted Rule DETENTION AND CORRECTIONAL

STANDARDS FOR MAINE COUNTIES AND

MUNICIPALITIES.docx

SEE ATTACHED

State of Maine Dept of Corrections, Policy Number

21.4: Prisoner Visitation

State of Maine Dept of Corrections, Policy Number

16.3: Visitation (juvenile)

SEE ATTACHED

Jail and County Standards:

Microsoft Word -

Adopted Rule DETENTION AND CORRECTIONAL

STANDARDS FOR MAINE COUNTIES AND

MUNICIPALITIES.docx

State of Maine Dept of Corrections, Policy Number 21.2:

Prisoner Mail

State of Maine Dept of Corrections, Policy Number 16.1:

Communication, Mail and Visitation (juvenile)

SEE ATTACHED

Jail and County Standards:

Microsoft Word - Adopted Rule

DETENTION AND CORRECTIONAL STANDARDS FOR MAINE

COUNTIES AND MUNICIPALITIES.docx

Maryland

Phone

Visitation

Mail

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Regulations/Guidance

* Maryland’s Department of

Public Safety and

Correctional Services order

apply to state run facilities.

The

Adult Detention Center

Standards Manual applies to

adult detention centers. The

Adult Correctional

Institution Standards Manual

applies to adult correctional

institutions.

Maryland Dept of Public Safety and Correctional

Services, Executive Directive OPS.200.0002:

Inmate Telephone System

J(3) A recording block shall be established to

prevent the Department from recording and

monitoring an inmate telephone call to the inmate’s

attorney, made related to PREA, and to a hot line

specified to offer caller anonymity.

(a) An attorney’s home telephone may not be

called unless the attorney’s office of record and

residence are the same.

(b) An attorney’s telephone number is subject to

verification, including the existence of a valid

attorney-client relationship

Maryland Dept of Public Safety and Correctional

Services, Dept Directive OPS.195.0003: Inmate

Visits

10. Legal Visits. A. The Department shall provide

reasonable opportunities and accommodations for

an inmate to obtain or consult in confidence with the

inmate’s attorney of record.

Adult Detention Center Standards Manual

.05 INMATE RIGHTS

C. Legal Matters

…

Compliance Explanation

…

The constitutional right to legal counsel of choice

must be protected. Attorneys of record must be

permitted to consult with inmates in a private and

confidential setting. Attorneys should be allowed

unlimited visits including the opportunity for

communication during other than normal visiting

hours upon request and on the basis of special

circumstances. Attorney visits should not count

against the approved number of visits. Only those

restrictions necessary to maintain facility order and

security should be imposed.

Adult Correctional Institution Standards Manual

.05 INMATE RIGHTS

C. Legal Matters

…

Compliance Explanation

…

The constitutional right to legal counsel of choice

must be protected. Attorneys of record must be

permitted to consult with inmates in a private and

confidential setting. Attorneys should be allowed

Maryland Dept of Public Safety and Correctional Services,

Dept Directive OPS.250.0001: Mail Room Procedures

.05(C) Incoming Inmate Mail

(2) Mail room staff receiving what is known to be or what

may be legal mail for an inmate shall:

(a) only open and inspect the known to be or what may be

legal mail in the presence of the inmate to whom the legal

mail is addressed.

(b) if other than mail room staff deliver known to be or

what may be legal mail to an inmate, instruct the non mail

room staff to only open and inspect the known to be or

what may be legal mail in the presence of the inmate to

whom the legal mail is addressed

Adult Detention Center Standards Manual

.05 INMATE RIGHTS

C. Legal Matters

…

Compliance Explanation

…

Inmates must be permitted to send sealed letters to:

attorneys of record; the courts; officials of the confining

authority; state and local chief executive officers;

administrators of grievance systems; and, members of the

paroling authority. All mail from these special classes of

persons are to be opened only to inspect for contraband,

and then only in the presence of the inmate.

Adult Correctional Institution Standards Manual

.05 INMATE RIGHTS

C. Legal Matters

…

Compliance Explanation

…

Inmates must be permitted to send sealed letters to:

attorneys of record; the courts; officials of the confining

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

unlimited visits including the opportunity for

communication during other than normal visiting

hours upon request and on the basis of special

circumstances. Attorney visits should not count

against the approved number of visits. Only those

restrictions necessary to maintain facility order and

security should be imposed.

authority; state and local chief executive officers;

administrators of grievance systems; and, members of the

paroling authority. All mail from these special classes of

persons are to be opened only to inspect for contraband,

and then only in the presence of the inmate.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Massachusetts

Phone

Visitation

Mail

Regulations/Guidance

* While these directives

apply to state run prisons,

the extent to which they also

apply to county run houses

of correction is unclear.

103 CMR 482.00: Telephone Use and Access

482.07: Inmate Telephone Use for Court, Attorney

Contact, Consular Officer/Diplomat Contact,

Pre-approved Ordained Clergymen Contact, and

Licensed Psychologist, Social Worker, and/or

Mental Health and Human Service Professionals

Contact.

(1) Telephone calls to pre-authorized attorney,

consular officer/diplomat numbers, or the Global

Access numbers, shall not be suspended or curtailed

except in accordance with 103 CMR 482.06(4) or

482.08. Telephone calls to pre-authorized attorney

numbers, consular officer/ diplomat numbers, or the

Global Access numbers, shall not be subject to

telephone monitoring or recording

103 CMR 483.00. Visiting Procedures

483.06: Institution Visiting Rules and Procedures

(1) Each Superintendent shall develop written

institution visiting rules and procedures which,

although tailored to the particular institution, and/or

to specific populations within that institution, are

consistent with 103 CMR 483.00. At a minimum,

institution rules shall specify the following aspects

of visiting at the

institution:

…

(f) Designation of an area where inmates have

access to counsel and confidential contact with

attorneys and/or legal professionals

See also

103 CMR 486.00: Attorney Access at

Massachusetts Correctional Institutions

103 CMR 481.00: Inmate Mail

481.10: Privileged Mail

(3) Attorneys shall be allowed to provide self-addressed,

meter- stamped envelopes to their inmate clients. The

envelope should be addressed to the law firm or to the

individual attorney, contain only a meter-stamp (not a

postage stamp) and may not be altered in any way. Should

an inmate alter or attempt to utilize the meter-stamped

envelope to send mail to anyone other than the original

addressee, a disciplinary report shall be issued.

(4) In order to prevent fraudulent privileged mail from

entering DOC facilities, the DOC may implement an

Attorney Verification System (AVS).

(a) Any attorney wishing to send privileged

correspondence must attempt to participate in the AVS.

(b) Forms/applications to participate in the AVS must be

completed in their entirety, including the attorney’s name,

address, telephone number, and one email address as well

as their Board of Bar Overseers identification number.

with the AVS requirements will be treated as non-

privileged mail.

(d) Incoming privileged mail may not be opened by a

Department employee except in the presence of the

addressee inmate and for the purpose of receiving and

receipting of any funds enclosed for the inmate and/or

ascertaining that its contents are free of contraband. Legal

mail which complies with the AVS is presumed to have

no contraband. Notwithstanding the use of an AVS, the

Department retains and reserves the right to employ in its

discretion internal procedures including, but not limited

to, the use of K-9 Units, fluoroscopes, and field testing, to

ensure that the mail is legitimate privileged

correspondence, and does not include contraband, and to

conduct further investigation as warranted. (e) If the

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Department is not able to verify the privileged

correspondence through the AVS, the Department shall

initiate personal contact with the sending attorney listed

on the return address. If the Department does not receive

confirmation of the mailing from the sending attorney

within ten business days hen the privileged

correspondence will be processed as non-privileged

Correspondence.

Michigan

Phone

Visitation

Mail

Regulations/Guidance

* The Michigan DOC Policy

Directives apply only to

state run prisons and not to

county run jails

Michigan Dept. of Corrections Policy Directive

05.03.130: Prisoner Telephone Use

EE. Staff shall verify the business telephone number

of an attorney licensed in the State of Michigan by

using the most recent directory issue of the

Michigan Bar Journal or through the State Bar of

Michigan website. Staff shall contact the Litigation

Manager in OLA to verify the telephone number of

an attorney who is not licensed in the State of

Michigan. Staff shall verify the business number of

the Legislative Ombudsman, DRM, an Embassy, a

Consulate, or a legitimate legal service organization

using the most recent directory issue of the

Michigan Bar Journal or through other reasonable

means. If the telephone number is listed in the

Michigan Bar Journal or is verified through the

State Bar of Michigan website, it shall be presumed

to be the business telephone number. Upon

verification, staff shall document the attorney’s

State Bar of Michigan Member Number (“P”

Number) on the Telephone Agreement and

Number List form (CAJ-370). Prisoner calls to their

attorney shall be made via the prisoner telephone

system unless otherwise coordinated by a court or

for urgent situations as determined by the Warden.

Michigan Dept. of Corrections Policy Directive

05.03.140: Prisoner Visiting

R. At multi-level facilities accommodations shall be

made for attorneys to visit their clients at any

custody level during the facility’s scheduled visiting

hours (e.g., if an attorney’s client is Level IV and

the attorney arrives during the visiting hours

scheduled for Level II prisoners, accommodation

shall be made for the visit to take place, rather than

require the attorney to return during the hours

scheduled for Level IV prisoners).

HH. Except at RGC, prisoners who are housed in a

security Level V facility or housing unit, temporary

segregation, punitive segregation (detention), or are

classified to administrative segregation shall be

limited to non-contact visits, except that a contact

visit shall be allowed with an attorney upon request

of the attorney subject to Paragraphs P and JJ.

Michigan Dept. of Corrections Policy Directive 05.03.118:

Prisoner Mail

FF. A prisoner may have his/her incoming legal mail

receive special handling by submitting a completed

Mail Requiring Special Handling form (CSJ-246) to the

institution's mailroom supervisor or designee.

Only mail received directly from an attorney or a law firm,

a legitimate legal service organization, the

Department of Attorney General, a prosecuting attorney's

office, a court, a clerk of the court, a Friend of the Court

office, or the Office of the Legislative Corrections

Ombudsman is considered legal mail, and only if the mail

is clearly identified on the face of the envelope as being

from one of the above. It is not sufficient for the envelope

to be simply marked “legal mail.”

GG. Each prisoner received at a reception facility shall be

asked if s/he wants his/her legal mail to receive special

handling. If the prisoner does not request special handling

at that time, s/he shall be told that s/he may submit a

request to the institutional mailroom supervisor or designee

at any time during his/her incarceration by completing a

Mail Requiring Special Handling form (CSJ-246).

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

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Minnesota

Phone

Visitation

Mail

Statutes

481.10 CONSULTATION WITH PERSONS

RESTRAINED.

Subd. 2.Telephone access in local correctional

facilities.

Except as provided in subdivision 3 and except

in cases where imminent danger of escape or injury

exists, all officers or persons having in their custody

a person restrained of liberty whether or not the

person restrained has been charged, tried, or

convicted, shall provide private telephone access to

any attorney retained by or on behalf of the person

restrained, or whom the restrained person may

desire to consult at no charge to the attorney or to

the person restrained. Reasonable telephone access

under this subdivision shall be provided following

the request of the person restrained and before other

proceedings shall be had regarding the alleged

offense causing custody.

Subd. 3.Telephone access in state correctional

facilities.

Except in cases where imminent danger of

escape or injury exists, all officers or persons having

in their custody a person restrained of liberty while

serving an executed sentence in a state correctional

facility, shall provide private telephone access to

any attorney retained by or on behalf of the person

restrained, or whom the restrained person may

desire to consult at no charge to the attorney or to

the person restrained. Telephone access under this

subdivision shall be provided following the request

of the person restrained and in accordance with

481.10 CONSULTATION WITH PERSONS

RESTRAINED.

Subdivision 1.Consultation. All officers or persons

having in their custody a person restrained of

liberty, except in cases where imminent danger of

escape or injury exists, shall admit any attorney

retained by or on behalf of the person restrained, or

whom the restrained person may desire to consult,

to a private interview at the place of custody. Such

custodians, upon request of the person restrained, as

soon as practicable, and before other proceedings

shall be had, shall notify the attorney of the request

for a consultation with the attorney.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

policies adopted by the institution that meet

constitutional requirements.

Subd. 4.Criminal penalty.

(a) Except as provided in paragraph (b),

whoever violates subdivision 1 or 2 is guilty of a

misdemeanor and shall also forfeit $100 to the

person aggrieved, to be recovered in a civil action.

(b) The penalties described in paragraph (a) do

not apply to officers or persons having in their

custody persons restrained of liberty while serving

an executed sentence in a state correctional facility.

Regulations/Guidance

* Minnesota has separate

administrative rules for state

run prisons and county run

jails. The state inspects jails

to ensure compliance with

rules.

MN Department of Corrections Policy Number

302.210 – Offender Telephone Use (prisons)

B.4. Legal calls

Attorneys must communicate with clients through

legal mail. However, when legal

deadlines require expedited communication, staff

may provide access to legal counsel by

telephone. If necessary, an in-person visit may be

arranged.

a) Attorney calls are limited to current active

cases.

b) Attorneys must contact the designated facility

staff to schedule a call at a mutuallyagreeable date

and time. Telephones for approved attorney calls are

not subject to

any monitoring activity and the facility does not

charge offenders for approved

attorney calls.

c) Attorney calls are limited to 30 minutes in

length.

d) Calls to/from the clerk of court or law

enforcement are not considered legal calls.

2911.3200 INMATE VISITATION. (jails)

The facility administrator or designee shall develop

and implement an inmate visiting policy. The policy

shall be in writing and include:

A. attorney/client interviews allowed in a manner

consistent with Minnesota Statutes, section 481.10;

B. a schedule of visiting hours that includes the days

and times for visits that includes visits during the

normal business day, and evenings or weekends;

C. establishment of a uniform number of

permissible visits and the number of visitors

permitted per visit;

D. that an adult inmate be permitted an initial visit

with a member or members of the inmate's

immediate family at the next regularly scheduled

visiting period;

E. that all facilities schedule a minimum of eight

visiting hours per week:

(1) a minimum of three separate and distinct visiting

days per week; and

(2) 20 minutes' duration minimum for each visit

unless the number of persons attempting to visit

MN Department of Corrections Policy Number 302.020 –

Mail

(prisons)

L. Special/legal mail

1. Incoming and outgoing mail meeting the definition of

special or legal mail is opened and

inspected only in the presence of the offender. Staff must

refer to the Special Mail List (attached) to determine

whether an item is special mail.

2. When delivering sealed special/legal mail to an

offender, staff must (in the offender's presence):

a) Open the envelope, remove the contents, search the

contents for physical contraband, and skim the contents to

ensure that it is legal/official in nature; and

b) If the item passes inspection, staff must deliver the

envelope and contents to the offender.

c) The offender must sign acknowledging receipt of

legal mail.

3. An incoming or outgoing item purporting to be

special/legal mail that fails to meet the policy requirements

for designation as special/legal mail, or is otherwise

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

2911.3400 TELEPHONE ACCESS (jails)

A facility shall have a written policy and procedure

that provides for inmate access to a telephone.

Attorney/client telephone consultation shall be

allowed in a manner consistent with Minnesota

Statutes, section 481.10.

Newly admitted inmates shall be permitted a local

or collect long-distance telephone call to a family

member or significant other during the admission

process.

Inmates shall be allowed telephone access to

maintain contact with family members or significant

others. Nonlegal calls may be made at the expense

of the inmate. The minimum time allowed per call

shall be ten minutes except where there are

substantial reasons to justify limitations. Nonlegal

telephone conversations may be monitored and

recorded.

Reasons for denial of telephone access shall be

documented

exceeds the facility's ability to meet this

requirement, or the inmate's behavior dictates a need

to terminate a visit earlier;

F. allowed visits for identified members of an

inmate's immediate family;

G. when a visit to an inmate is denied for reasonable

grounds on the belief that the visit might endanger

the security of the facility, the action and reasons for

denial shall be documented;

H. that visitors register, giving names, addresses,

and relationship to inmate;

I. that any area used for inmate visiting may be

subject to audio monitoring, recording, or both. The

facility shall use signs and the inmate handbook to

inform the inmate about audio monitoring and

recording. Professional visits shall not be audio

recorded, unless a court order has been issued;

J. that policies for parents, guardians, and attorneys

visiting juveniles are unrestrictive as

administratively possible and the initial visit of a

juvenile by parents, guardians, and attorneys be

permitted at any time;

K. picture identification of visitors be required for

identification purposes;

L. that juvenile children be allowed to visit parents,

regardless of age, as deemed appropriate by the

parent or guardian accompanying the child and

when a dispute over children visiting occurs

between the inmate and the parent or legal guardian,

the inmate be referred to the court for resolution;

and

M. facility policy and procedures setting forth

criteria for authorized friend visiting

questionable, is opened in the offender's presence by a

supervisor.

a) If the contents meet the definition of special/legal

mail, the supervisor must instruct the offender on the

policy requirements regarding how special/legal mail is to

be addressed.

b) If the contents do not meet the definition of

special/legal mail, the supervisor must return the envelope

and its contents to the mailroom. c) The mailroom returns

opened non-special/legal mail to the sender at the

offender's expense with a Notice of Non-Delivery.

4. If the item contains contraband, staff must write an

incident report and enter the envelope and contents into

evidence.

5. Mailroom staff in adult facilities must log all incoming

and outgoing legal mail in the offender mail computer

application

2911.3300 CORRESPONDENCE.

(jails)

Subpart 1. Policy and procedure. A facility shall have a

written policy and procedure that governs inmate

correspondence. Policies are available to all staff and

inmates and are reviewed annually, and updated as needed.

Subp. 2. Volume of mail. The volume of written mail to

or from an inmate shall not be restricted. The amount of

mail stored in an inmate's cell may be limited by facility

administration.

Subp. 3. Inspection and censorship. A facility must have a

written policy and procedure that requires that:

A. inmate letters, both incoming and outgoing, may be

opened and inspected for contraband;

B. inmates are notified in writing when incoming or

outgoing letters are rejected; and

C. letters shall not be read or censored if they are between

an inmate and an elected official, officials of the DOC,

attorneys, or other officers of the court, but inspection of

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

incoming mail from the specified class of persons noted

may be opened only to inspect for contraband and only in

the presence of the inmate.

Subp. 4. Money. Cash, cashiers checks, or money orders

received from incoming mail shall be processed according

to facility policy.

Subp. 5. Postage allowance for indigent inmates. Indigent

inmates shall receive a postage allowance sufficient to

maintain communications with the persons listed in subpart

3, item C. Written policy, procedure, and practice must

provide that an indigent inmate is provided with a system

enabling the inmate to send a minimum of two letters or

postcards per week to individuals not listed in subpart 3,

item C.

Subp. 6. Material detrimental to security. A facility shall

have a written policy that restricts inmate access to

materials and information that is considered detrimental to

the security and orderly function of the facility.

Mississippi

Phone

Visitation

Mail

Regulations/Guidance

* (Mississippi Department

of Corrections policies and

procedures must be

requested in writing)

https://www.mdoc.ms.gov/A

dmin-

Finance/Documents/PublicA

ccessPolicies.pdf

Missouri

Regulations/Guidance

* Jails in Missouri must

follow the

Missouri Core

Jail Standards

Missouri Core Jail Standards

5.4: Telephone

Detainees are provided with access to telephones.

Missouri Core Jail Standards

6.5.3: Mail or Correspondence of Detainees

"Legal mail" is entitled to more protection. Jail

officials must not interfere with a detainees' reasonable

correspondence with an attorney. Generally, mail to or

from a detainee's attorney, and identified as such,

should not be opened for inspection for contraband

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

except in the presence of the detainee. Legal mail must

not be delayed any longer than is necessary for

handling and sorting. Censorship of legal mail may

violate a detainee's right to freedom of petition.

Montana

Phone

Visitation

Mail

Regulations/Guidance

* (webpage at

https://cor.mt.gov/Policy

contains links to policies,

but links not functional)

Nebraska

Phone

Visitation

Mail

Statutes

47-101.01. Telephone services for inmates; use of

funds.

(2) Under a prepaid system, funds may be deposited

into an inmate account in order to pay for telephone

calls. The provider of the inmate telephone services,

as an additional means of payment, shall permit the

recipient of inmate collect telephone calls to

establish an account with that provider in order to

deposit funds for advance payment of those collect

telephone calls. The provider of the inmate

telephone services shall also allow inmates to

communicate on the telephone, or by

videoconferencing, with an attorney or attorneys

without charge and without monitoring or recording

by the county jail or law enforcement.

Regulations/Guidance

* Nebraska’s Department of

Corrections policies and

regulations apply to state

facilities, while jails must

adhere to the Jail Standards.

Department of Corrections Policy 205.03: Inmate

Calling System.

V. RECORDING/MONITORING/BRANDING

A. All inmate telephone calls utilizing the ICS and

not eligible for confidential status shall be

electronically recorded and may be monitored by

authorized NDCS team members. At the

discretion of the Director, telephone recording and

monitoring may be suspended.

Title 81. Jail Standards Board

Ch. 9. Standards for Jail Facilities – Mail, Visiting

and Telephone Service

003 Visiting Services. All jail facilities shall make

provisions for inmate visitation in accordance

with the following requirements:

003.01B Attorneys or their legal assistants shall be

allowed to visit their clients at any reasonable time

for any reasonable length of time. However, in the

Department of Corrections Policy 205.01: Inmate Mail.

E. Privileged Mail (ACI-3D-02, ACI-7D-06, ACRS-6A-01)

1. Inmates may send and receive sealed letters to and

from the following entities:

…

h. Active Licensed Attorneys

Mail from these individuals will be treated as confidential

and opened and inspected only in the presence of the

inmate, unless waived in writing. The warden of the

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

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Attorney/client calls and calls to individuals with

confidential call status are eligible for confidential

status and are not recorded by ICS equipment or

monitored by team members

Title 81. Jail Standards Board

Ch. 9. Standards for Jail Facilities – Mail, Visiting

and Telephone Service

004 Telephone Services. All jail facilities shall

make provisions for inmate telephone services in

accordance with the following requirements:

004.03 Telephone calls to or from legal counsel

shall be of reasonable lengths of time and shall not

be monitored.

event of an emergency, then attorneys or their legal

assistants shall be allowed to visit their clients at

any time. The facility administrator may establish

reasonable procedures to require identification of

any person who presents himself or herself to be an

attorney or an attorney's authorized representative

representing an inmate detained in the facility.

Unless otherwise indicated by the inmate or the

visitor, all attorney-client visits shall be contact

visits.

003.01C Contact visits between inmates and their

attorneys or the attorneys' legal assistants, clergy,

physicians, probation/parole officers, mental health

and addiction therapists shall be in a private area or

room so as to allow for confidential communication

among up to four (4) people with adequate writing

space. No physical barriers such as wire mesh,

glazed barriers, or other physical obstructions shall

be placed between inmates and any of the above

specified visitors during contact visits. Such visits

shall not be monitored, except that facility

employees may visually observe the visitation

through glazed observation panels or by means of

closed circuit television as necessary to maintain

appropriate levels of security.

facility from which such mail originates may choose to

stamp any such outgoing mail disclaiming any

administrative responsibility for the nature or contents of

such mail.

Title 81. Jail Standards Board

Ch. 9. Standards for Jail Facilities – Mail, Visiting and

Telephone Service

002 Mail Services. All jail facilities shall make provisions

for the handling of incoming and outgoing inmate

correspondence in accordance with the following

requirements:

002.03 Inmates shall be allowed to send sealed

confidential mail to a specified class of persons or

organizations to include, at a minimum, their legal counsel,

courts, elected officials, members of the confining

authority, the State Ombudsman, and the Board.

002.03A Confidential mail received from this specified

class of persons or organizations may be opened only in

the presence of the inmate. Delivery of confidential mail

shall be documented.

002.03B Confidential mail may be inspected for

contraband, cash, checks, or money orders but shall not

be read.

002.03C The facility administrator may choose to

attach a letter to any outgoing confidential

correspondence, disclaiming any responsibility for the

nature of the contents of such correspondence.

Nevada

Phone

Visitation

Mail

Statutes

NRS Sec. 209.419.

Except as otherwise provided in NRS 239.0115, a

communication made by an offender is confidential

if it is made to:

…

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

(d) An attorney who has been admitted to practice

law in any state or is employed by a recognized

agency providing legal assistance.

Regulations/Guidance

* Nevada Department of

Corrections administrative

regulations apply to state run

correctional facilities, while

jails must adhere to

regulations specific to

county and city jails.

Nevada Dept of Corrections AR 718: Inmate

Personal Telephone Use (prisons)

718.01

2. Telephone calls, except approved calls between

an inmate and his attorney/legal representative,

must be monitored and/or recorded

…

6. Legal telephone numbers may be registered by

the inmate through the inmate telephone system

Nevada Dept of Corrections AR 722: Inmate Legal

Access (prisons)

722.06. Attorneys

1. Attorney, and their legal representatives retained

by the inmate or his family shall be permitted visits;

A. Department staff should assist inmates in

making confidential contact with attorneys and legal

representatives

B. Attorneys or legal representatives shall be

required to furnish proper identification for visits be

presenting evidence that they are members of a state

bar.

…

10. Visits between an attorney and client are

confidential.

A. An attorney may make recordings during their

visits.

B. All recording devices must be provided by the

attorney and approved in advance by the Warden or

designee

C. No recording devices will be left with the

inmate.

D. Recordable CDs are not an acceptable medium

for inmate recordings.

E. The institution should provide an areas which

meets the security needs of the institution, where the

attorney and client may confer in private.

Nevada Dept of Corrections AR 722: Inmate Legal Access

(prisons)

722.08 Outgoing Legal Mail and Correspondence

5. All legal mail is privileged correspondence.

…

7. The legal mail must be addressed to an attorney or legal

representative.

A. The word “confidential” must be include don the face

of the envelope or the mail will be processed as general

correspondence.

722.09 Incoming Legal Mail

5. Incoming correspondence will be treated as legal mail

only if the envelope clearly identifies an attorney, legal

representative, or other privileged correspondent in the

return address.

…

8. Incoming legal/ privileged mail will be opened, scanned

and inspected for contraband in the presence of the inmate

recipient, unless the inmate waives this process in writing.

New Hampshire

Phone

Visitation

Mail

Regulations/Guidance

* New Hampshire’s

Department of Corrections

administrative regulation’s

Cor 305.10 Official Business Visits

(a) Space shall be set aside for attorney visits that

shall provide privacy when attorney-client

confidentially is required.

Cor 314.12 Legal Mail

Cor 314.12 Legal Mail.

(a) Correspondence between a resident and his or her

attorney(s) shall be opened in the presence of the resident to

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

apply to its state facilities.

Jails are managed by

individual counties.

(b) All attorneys visiting a resident shall be subject

to the visitor approval process pursuant to Cor

305.11, Cor 305.12, Cor 305.13, and Cor 305.14.

(1)

Attorney visits shall occur during normal

business hours;

(2) Attorney visits shall be coordinated through

the warden’s office at the facility where the

client resides;

(3) If an attorney visit is requested outside of a

NHDOC resident’s normal visiting time, and

the attorney can articulate why he or she

cannot wait until the resident’s regularly

scheduled visit, the warden or designee shall

approve an exception and allow a visit, which

shall be considered a “special visit;”

(4)

An attorney visit shall be made for the

purpose of conducting legal business and not

for the purpose of social visitation;

(5) All attorneys

shall be subject to the same

rules as regular visitors except as noted within

Cor 305.20(h);

(6) Attorneys shall not be required to be on the

resident’s approved visitors list;

(7) An attorney wishing to visit his or her client

at a NHDOC facility shall be required to

complete and submit all applicable forms

pursuant to Cor 305.13 and Cor 305.14 to be

registered as a NHDOC business visitor;

(8) No attorney visits shall be authorized prior to

an attorney completing all requisite

paperwork, having a background check

completed, and being granted access to

NHDOC facilities by the approving authority;

ensure the authenticity of the correspondence and to check

for contraband.

(b) The phrase “Legal Mail” shall be written on the

address side of the envelope in order to assure confidential

handling in either in-bound or out-bound legal mail.

shall be forwarded to the investigations bureau for

appropriate action with the person(s) or firm(s) involved.

(d) Legal mail shall not be bound. No legal

correspondence shall be accepted with any type of binding

attached to the pages of the documents. The NHDOC shall

not consider a single staple to be “bound.” Staff shall

remove the staple and forward the mail to the resident.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

(9) An attorney shall not switch from being an

attorney to an active visitor on a resident’s

approved visitors list; and

(10) Attorney visits shall not count toward the

authorized allotment of visits a resident is

entitled.

New Jersey

Phone

Visitation

Mail

Regulations/Guidance

* State run correctional

facilities are subject to

Department of Corrections

regulations. Separate DOC

regulations apply to

municipal and county

facilities. Additionally, the

Department of Corrections

conducts annual inspections

of county run correctional

facilities and municipal

detention facilities.

N.J.A.C. 10A:18-8.6 Legal Telephone Calls (state

facilities)

(a) The Administrator of the correctional facility

shall establish written rules and regulations by

which legal telephone calls may be made by:

1. Inmates;

2. Inmate paralegals; and

3. Professional staff.

(b) Legal telephone calls may be made to the

following individuals or agencies for assistance in

legal research and/or preparation of legal

documents:

1. Office of the Public Defender;

2. Regional Legal Services;

3. Court Clerks;

4. Attorneys; and

5. The Corrections Ombudsperson.

N.J.A.C. 10A:31-15.5 Legal telephone calls

(county facilities)

Telephone access to attorneys, courts, probation

officers, and parole officers shall be provided for all

inmates who so request.

N.J.A.C. 10A:18-6.7 Attorneys and court related

personnel visits (state facilities)

(a) Attorneys licensed in any jurisdiction and

representatives of attorneys shall be permitted

contact visits during regular business hours when

sufficient space and staff are available.

(b) At the request of the attorneys referenced in (a)

above, representatives of attorneys may be granted

contact visits. Such representatives shall include, but

not be limited to, the following:

1. Investigators;

2. Investigative aides;

3. Expert witnesses;

4. Paralegals; and

5. Law students.

attorney shall be required a minimum of 24 hours in

advance of an intended visit. The purpose of the

advance notice is to ensure the availability of:

1. Space;

2. Staff; and

3. The inmate.

(d) The advance written notice or telephone request

from an attorney shall include the following

information:

1. Name of the attorney or representative;

2. Name of the inmate to be interviewed;

N.J.A.C. 10A:18-3.2 Identification of outgoing legal

correspondence (state facilities)

(a) All outgoing legal correspondence shall be clearly

marked with the inmate's name and number on the

envelope.

(b) An inmate who is sending legal correspondence out of

the correctional facility shall be responsible for clearly

marking "legal mail" on the front and back of the envelope.

mean that the correspondence may be treated as non-legal

correspondence if the address on the envelope clearly

indicates that it is being sent to a legal correspondent as

enumerated in the definition of "legal correspondence" in

N.J.A.C. 10A:1-2.2 or in the definition of "legitimate public

official" in N.J.A.C. 10A:18-1.3.

N.J.A.C. 10A:18-3.3 Identification of incoming legal

correspondence (state facilities)

(a) The return address on the outside of an envelope should

clearly indicate that the correspondence is being sent from a

legal correspondent as established in the definition for

"legal correspondence" in N.J.A.C. 10A:1-2.2.

(b) Mail sent from a legal correspondent shall be

considered legal correspondence and shall be handled in

accordance with this subchapter.

shall not preclude the correspondence from being treated as

legal correspondence if the return address indicates an

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

3. Name of the attorney for whom the representative

is acting;

4. Name of the organization the attorney or their

representative represents (if any);

5. A written statement from the attorney or their

representative providing any disclosures set forth in

N.J.A.C. 10A:18-6.3 and 6.9 and affirming

compliance with the provisions set forth in this

subchapter; and

6. Date and time the interview is sought.

(e) Form 292-I Request for Attorney-Client Contact

Visit may be used to verify the inmate's desire to

meet with the requesting attorney in the context of

an attorney-client relationship.

(f) Appropriate identification is required of

attorneys and attorney representatives who visit the

inmate at a correctional facility.

(g) Contact visits with attorneys or their

representatives may be restricted or prohibited

when, in the judgement of the correctional facility

Administrator or designee, the inmate is exhibiting

inappropriate behavior or is especially dangerous, or

when necessary to ensure the safe, secure and

orderly operation of the correctional facility.

Contact visits may also be denied where the attorney

or representative poses a threat to the security or

orderly operation of the correctional facility.

(h) In those cases in which contact visits have been

denied, every effort shall be made to provide a non-

contact visit that is consistent with the safe, secure

and orderly operation of the correctional facility.

(i) The Administrator or designee may authorize a

visit without prior written notice, under exceptional

circumstances.

office or court as established in the definition for "legal

correspondence" in N.J.A.C. 10A:1-2.2.

N.J.A.C. 10A:18-3.4 Inspection of incoming legal

correspondence (state facilities)

(a) Incoming legal correspondence shall be opened and

inspected by designated correctional facility staff for

contraband only.

(b) Incoming legal correspondence shall be opened and

inspected only in the presence of the inmate to whom it is

addressed.

copied. The content of the envelope may be removed and

shaken loose to ensure that no contraband is included. After

the envelope has been inspected the correspondence shall

be given to the inmate.

(d) The correctional facility may require that the inmate

sign a slip acknowledging receipt of the incoming legal

correspondence.

(e) Where there is substantial reason to believe that the

incoming correspondence is not legal in nature or that it

contains disapproved content pursuant to N.J.A.C. 10A:18-

2.14, the Administrator shall immediately notify the

appropriate Assistant Commissioner. The incoming legal

correspondence shall not be inspected in a manner other

than as outlined in this subchapter without first obtaining

instructions from the appropriate Assistant Commissioner.

N.J.A.C. 10A:31-15.4 Legal correspondence

(county

facilities)

(a) All incoming legal correspondence should clearly

indicate on the outside of the envelope that the

correspondence is being sent from a legal correspondent as

established in the definition for "legal correspondence" at

N.J.A.C. 10A:31-1.3. The absence of a particular name of

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

N.J.A.C. 10A:31-15.4 Attorneys and court related

personal visits (county facilities)

(a) Suitable meeting facilities shall be provided for

inmates to meet with attorneys and representatives

of attorneys in privacy with reasonable comfort.

(b) Representatives of attorneys may include:

1. Investigators;

2. Investigative aides;

3. Paralegals; and

4. Law students.

attorneys shall be permitted without notice, or upon

reasonable notice, during at least six hours each

business day.

(d) Only necessary security requirements may be

permitted to interfere with such visits.

an attorney or judge shall not preclude the correspondence

from being treated as legal correspondence if the return

address indicates it was sent by an office or court as

established in the definition for "legal correspondence" at

N.J.A.C. 10A:31-1.3.

(b) Incoming legal correspondence shall be opened and

inspected by designated adult county correctional facility

staff only in the presence of the inmate to whom it is

addressed.

inspected by designated adult county correctional facility

staff only for contraband. Incoming legal correspondence

shall not be read or copied. The content of the envelope

may be removed and shaken loose to ensure that no

contraband is enclosed. After the envelope has been

inspected, the correspondence shall be given to the inmate.

(d) The Administrator may establish internal management

procedures requiring that the inmate sign a slip

acknowledging receipt of the incoming legal

correspondence.

(e) Letter-writing materials shall be provided to inmates by

staff at each adult county correctional facility and the

facility shall assume the cost of mailing legal

correspondence for indigent inmates (see "indigent inmate"

as defined at N.J.A.C. 10A:31-1.3). The cost of mailing

legal correspondence shall extend only to First Class or

standard postage and shall not include:

1. Registered mail;

2. Certified mail;

3. Preferential mail; or

4. Insured mail.

(f) Whenever an inmate is transferred from one adult

county correctional facility to another facility, the inmate

shall be responsible for notifying his or her correspondents

of the change of address. The Administrator or designee of

the adult county correctional facility from which the inmate

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

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is transferred shall develop internal management

procedures that establish a time period that reasonably

enables the inmate to have sufficient time to provide such

notification to his or her correspondents via mail. This time

period shall not exceed three months during which all

incoming legal correspondence shall be forwarded to the

correctional facility to which the inmate has been

transferred. Any legal correspondence received after the

time period established shall be returned to the sender.

(g) All outgoing legal correspondence shall be clearly

marked with the inmate's name and number on the

envelope.

(h) An inmate who is sending legal correspondence out of

the adult county correctional facility shall be responsible

for clearly marking "legal mail" on the front and back of the

envelope.

(i) The absence of the "legal mail" designation shall not

mean that the correspondence may be treated as non-legal

correspondence if the address on the envelope clearly

indicates that it is being sent to a "legal correspondent" as

enumerated in the definitions of "legal correspondence" or

"legitimate public official" in N.J.A.C. 10A:31-1.3.

New Mexico

Phone

Visitation

Mail

Regulations/Guidance

* New Mexico Corrections

Department policies apply to

state fun facilities. County

and city jails are locally

managed.

CD-150300 Access to Telephones, Telephone

Monitoring, Attorney Phone Calls

D. Attorney Phone Calls:

1. Facilities will provide access to unmonitored

telephones for attorney telephone calls.

2. Attorney telephone calls must be requested in

writing using the Attorney Telephone

Call Request form (CD-150302.1) and tracked by

completing an Attorney Telephone Call Log

Attachment

3. Every effort should be made to allow access as

soon as practicable, especially in the event of an

emergency or urgent need. However, the facility

CD-100200 Inmate Visitation

2-CO-5D-01

B. Each NMCD facility and contract facility shall

provide a visiting program designed to enhance the

inmates' opportunities to establish or maintain

family and personal relationships and provide for

confidential contact with their attorney or attorney’s

agent within the security limits of that facility.

Approval of Visitors:

19. An attorney visit requires a 24-hour notice. An

attorney may be limited to meeting with only one

client at a time due to security risks. Special

CD-151200 Correspondence Regulations

A. Inmates are permitted to send sealed legal mail or

privileged correspondence. Staff, in the presence of the

inmate, may inspect outgoing legal mail and privileged

correspondence for contraband before it is sealed. Incoming

legal mail and privileged correspondence to inmates

may be opened only to inspect for contraband and only in

the presence of the inmate, unless waived in writing or in

circumstances which may indicate contamination.

…

H. Legal Mail and Privileged Correspondence:

1. Incoming and outgoing legal mail and privileged

correspondence may be opened, inspected, and read to the

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

will provide access to unmonitored telephones for

attorney telephone calls within two working days of

receipt of an approved written request.

4. Telephone calls will be placed by a facility staff

member who will verify the identity of the receiving

party. The telephone call between the inmate and

the attorney or attorney’s representative will take

place in a location that assures the confidentiality of

the conversation. This provision does not preclude

NMCD staff from carrying out a visual observation

of the inmate during a telephone call.

5. Attorney telephone calls will be made collect if

long-distance charges are applicable to the extent

possible. In instances when a collect telephone call

is not possible, the inmate will be informed in

writing, prior to the telephone call being placed, that

the cost of the telephone call will be $.20 a minute

deducted from the inmate's account and the inmate

will sign a debit memo. After termination of the

call, the staff member will post the time the

telephone call started and ended and the cost of the

telephone call to the debit memo and forward to

inmate accounts for processing. The debit will be

carried on the inmate's account until such time as

there are funds to cover it.

6. The Classification Officer is responsible for

documenting the date and time any attorney

telephone call takes place on both the Attorney

Telephone Call Request form (CD150302.1) and the

Attorney Telephone Call Log Attachment (CD-

150301.A). 7. The Warden of each facility will

designate an individual or office responsible for

collection, review and retention of all

documentation relating to attorney telephone calls.

8. The Classification Officer shall submit all

Attorney Telephone Call Logs and all corresponding

permission must be granted by the Warden for an

attorney to meet with more than one inmate client at

any one time. Attorney visits should be limited to

times outside the normal visiting hours in order to

better accommodate and facilitate an attorney visit.

All attorney visits require prior approval of the

Deputy Warden

limited extent necessary to determine its legitimacy; in the

presence of the inmate in an appropriate, secure area of the

facility by the Warden or a designee to help determine if

the mail is legitimate, contains contraband, or when there is

an indication of contamination. Opened privileged

correspondence will be documented on the Receipt for

Open Privileged Mail form (CD-151201.3).

2. Staff will physically hand over the Privileged mail and

legal mail will be scanned by the inmate to whom it is

addressed and a copy will be made. The inmate will dispose

of the original.

3. Legal mail and privileged correspondence will not be

routinely opened for inspection.

4. Incoming legal mail and privileged correspondence

will be tracked and signed for on the Incoming Legal Mail

and Privileged Correspondence Log form (CD-151201.2).

5. Letters in this category should be sealed by the inmate

and dropped in the special box provided for such letters. 6.

All PREA mail is considered privileged correspondence

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Attorney Telephone Call Requests to the designated

person or office on a monthly basis.

9. The designated person or office shall sort and

file all Attorney Telephone Call Logs and all

corresponding Attorney Telephone Call Requests by

month

New York

Phone

Visitation

Mail

Regulations/Guidance

* State run facilities are

subject to Department of

Corrections regulations.

Local facilities are subject to

regulatory standards

established by the

State

Commission of Correction.

7 CRR-NY 201.2 (state facilities)

(4) The superintendent will designate an area for

confidential meetings which will insure the privacy

of conversations during professional visits of

attorneys or their duly authorized representatives or

visiting clergy.

7 CRR-NY 721.3 (state facilities)

Unless otherwise provided for in this directive, the general

correspondence procedures set forth in Part 720 of this

Title, “Inmate Correspondence Program,” (such as the

requirement to put return addresses on the front and back of

outgoing envelopes) shall be followed.

(a) Outgoing privileged correspondence.

…

(2) Outgoing privileged correspondence may be sealed by

the inmate, and such correspondence shall not be opened,

inspected, or read without express written authorization

from the facility superintendent as specified in subdivision

…

(b) Incoming privileged correspondence.

(1) Incoming privileged correspondence shall not be

opened outside the presence of the inmate to whom it is

addressed, and shall not be read without express written

authorization from the facility superintendent (see

subdivision [c] of this section).

(2) A log entry should document any incoming privileged

correspondence erroneously opened outside the presence of

the inmate to whom it is addressed (see paragraph [3] of

this subdivision). If appropriate, a photocopy of an

erroneously opened envelope shall be included.

(3) Incoming privileged correspondence shall be given

priority handling and shall be delivered in a consistent

manner at a time when the inmates are available to receive

it and which does not interfere with programming. If the

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

inmate to whom privileged correspondence is addressed is

not currently at the facility, the provisions of Part 722 of

this Title shall be followed.

(4) A log shall be created to record receipt and delivery of

incoming privileged mail. It shall identify the sender and

include the inmate's name and number, the delivery date

and time, the title of the delivery person, and note if the

inmate refused to sign a receipt, refused delivery of the

mail, or would not respond to delivery calls. If privileged

mail is erroneously opened outside the presence of the

inmate, that fact and any relevant explanation shall be noted

in the log.

(5) Inspection.

(i) Where x-ray capability exists, incoming privileged

correspondence should be x-rayed prior to being opened.

…

(6) Receipt.

(i) The inmate to whom privileged correspondence is

addressed shall sign a receipt for such correspondence. All

receipts for incoming privileged correspondence shall be

retained in an appropriate file.

(8) Privileged correspondence originally sent out of the

facility by an inmate, but subsequently returned to the

inmate sender by the postal service, shall be processed as

incoming privileged correspondence in accordance with the

procedures as set forth in paragraphs (1) and (2) of this

subdivision.

(1) The superintendent shall not authorize the reading of

incoming or outgoing privileged correspondence unless

there is a reason to believe that the provisions of this or any

directive or rule or regulation have been violated, that any

applicable State or Federal law has been violated, or that

the content of such correspondence threatens the safety,

security, or good order of a facility or the safety or well

being of any person. Such authorization by the

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

superintendent shall be in writing and shall set forth facts

forming the basis for the action.

(2) The superintendent is advised to consult with the

department's office of counsel before issuing such

authorization. If the facility superintendent authorizes the

reading of privileged correspondence, it shall be read only

by the superintendent, a deputy superintendent or central

office staff.

(3) If after reading the contents of privileged

correspondence there is reason to believe that the

provisions of this or any directive or rule or regulation have

been violated, or that any State or Federal law has been

violated, or that the content of such correspondence

threatens the safety, security good order of a facility or the

safety or well-being of any person, then the correspondence

may be confiscated, and the inmate must be given written

notice of the confiscation, unless doing so would be

inconsistent with the need to safeguard an investigation.

The notice must include the reason(s) for the confiscation,

and it must inform the inmate of the right to appeal the

confiscation to the deputy commissioner for program

services. In the case of incoming correspondence, the

correspondent must also be given a copy of such notice and

accorded the right to appeal, unless doing so would be

inconsistent with the need to safeguard an investigation.

Reason to believe that privileged correspondence is being

used to introduce contraband or other materials not entitled

to the privilege shall be sufficient reason for confiscation.

(4) This subdivision shall not be deemed to require the

express written authorization of the superintendent to

inspect incoming privileged correspondence, in the

presence of the inmate, to ensure that the materials

contained in the correspondence are entitled to the

privilege.

9 CRR-NY 7004.4 (county jails)

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Privileged incoming and outgoing correspondence

(a) As used in this Part, legal privileged correspondence

shall mean correspondence to or from attorneys and

individuals under the direct supervision of attorneys, legal

assistance agencies and individuals under the direct

supervision of legal assistance agencies, and courts.

General privileged correspondence shall mean

correspondence to and from the State Commission of

Correction and other correctional officials, local, State and

Federal law enforcement agencies, and the media.

(b) Incoming general and legal privileged correspondence

shall not be opened and inspected for contraband except in

the presence of the recipient prisoner.

shall not be opened and inspected for contraband except

where the chief administrative officer determines there is

reasonable suspicion to believe that the contents of such

privileged correspondence threaten the safety or security of

the facility or the safety and security of another person. A

prisoner shall be present when his outgoing general or legal

privileged correspondence is opened pursuant to this

subdivision.

(d) Incoming or outgoing prisoner legal privileged

correspondence shall not be read except pursuant to a

lawful search warrant. Such warrant shall be obtained

within 24 hours of the facility's receipt of such

correspondence and shall be enforced immediately after its

issuance. A prisoner shall be present when his privileged

correspondence is read pursuant to this subdivision.

(e) Incoming and outgoing general privileged

correspondence shall not be read except where the chief

administrative officer determines there is reasonable

suspicion to believe that the contents of such general

privileged correspondence endanger or threaten the safety

or security of the facility or the safety and security of

another person. When the chief administrative officer

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

makes such a determination, he shall issue a written order

which shall state the specific facts and reasons why such

action is necessary to maintain the safety and security of the

facility or the safety and security of another person. The

recipient inmate shall be present when his incoming and

outgoing general privileged correspondence is read

pursuant to this subdivision.

North Carolina

(no information located)

North Dakota

Phone

Visitation

Mail

Regulations/Guidance

* The

Correctional Facility

Standards appear to apply to

all correctional facilities in

the state.

North Dakota Correctional Facility Standards 2022

Standard 77: Inmate Telephone Usage

Correctional facilities may allow an inmate to make

telephone calls to persons other than the inmate’s

attorney within limitations set by the correctional

facility. Correctional facilities shall notify inmates

at intake and shall post a notice in a location

accessible to all inmates that phone calls, except to

attorneys, are subject to monitoring and recording.

Standard 84: Inmate Attorney Telephone and

Electronic Contact

Correctional facilities shall allow inmates to make

telephone calls to their attorneys at reasonable

times. Calls to and from contacts verified as legal

representation may not intentionally be audio

monitored or recorded. Correctional facilities shall

obtain the telephone number of an attorney who has

called an inmate and permit the inmate to return

the call at a reasonable time. Correctional facilities

shall inform inmates electronic messaging is not a

confidential means of communication.

North Dakota Correctional Facility Standards 2022

Standard 85: Attorney Visits

Correctional facilities shall allow inmates to have

visits from their legal counsel. Upon an inmate’s

request, legal counsel may visit an inmate after

admission or as soon as reasonably possible. All

subsequent visits by legal counsel may be restricted

to reasonable hours. Visits by legal counsel may be

subject to staff or video visual observation, but

without audio monitoring; however, when there may

be observation, a notice must be posted in visiting

areas. Audio or video recording of attorney visits is

prohibited.

North Dakota Correctional Facility Standards 2022

Standard 81: Incoming and Outgoing Inmate Mail

Correctional facilities shall have a written policy,

procedure, and practice governing

incoming and outgoing general, official, and legal mail that

includes:

a. Mail depository or mail collection process;

b. Procedures for screening incoming and outgoing

general correspondence;

c. Procedures for documenting and verifying incoming

and outgoing legal and

official mail and searching it for contraband; and

d. Process for inmates to challenge mail rejections.

Ohio

Phone

Visitation

Mail

Regulations/Guidance

*State facilities are regulated

by Ohio Department of

59-LEG-01 – Inmate Access to Courts and Counsel

G. Communication with Attorneys (state facilities)

3. An attorney may request to confer with his/her

client by telephone when there is not enough time

59-LEG-01 – Inmate Access to Courts and Counsel

(state facilities)

Communication with Attorneys

59-LEG-01 – Inmate Access to Courts and Counsel (state

facilities)

G. Communication with Attorneys

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Corrections rules. County

and municipal jails are

locally run but are subject to

Minimum Standards for

Jails. The DOC conducts

inspections on county and

municipal jails.

for the attorney to either correspond with or

personally visit the inmate due to the circumstances

of the inmate’s litigation. Such requests shall be

directed to the managing officer or the person

designated by the managing officer. Such

conversations between the inmate and the attorney

shall be considered confidential; the same as in

person visits.

4. Inmates may contact attorneys by telephones

placed in the institution for general inmate

use; however, because calls from such phones may

be monitored and/or recorded, these

phones should not be used to discuss confidential

attorney/client matters.

76-VIS-02 – Inmate Access to the Telephone and

Electronic Mail

C. Legal Calls

1. On occasion, courts will schedule pre-trial

hearings via conference calls between

the plaintiff, plaintiff’s attorney, defendant,

defendant's attorney and the courts. In such cases, it

is imperative that all factors are properly

coordinated to ensure availability of the inmate,

private telephone access, and visual monitoring.

Upon receipt of such hearing notice, the managing

officer will assign a specific employee to coordinate

the telephone pre-trial hearing. All such calls shall

be visually monitored, but not voice monitored.

2. Inmates' use of telephones to place calls to

parties outside of the institution is conditioned on

their consent to these calls being monitored. As

such, these telephone calls are not appropriate for

legally recognized privileged communication. If an

inmate wishes to have a privileged communication,

then this generally should occur in person or

through the U.S. mail, subject to the provisions

2. Attorneys shall be permitted to visit inmates

under the procedures set forth in Administrative

Rule 5120-9-20, Visits by Attorneys and Inmates

Access to Legal Services. Attorney visits shall take

place in a room designated for that purpose where

they can talk in private but be subject to visual

observation.

H. Communication with Attorneys at Privately

Operated Prisons

1. In the case of a state correctional institution that

is privately operated and managed pursuant to Ohio

Revised Code (ORC) section 9.06, if normal

meeting locations for attorneys and their

inmate/resident clients are in areas where video

cameras are present,

the managing officer shall establish local procedures

for accommodating an attorney

request for a camera-free meeting area unless:

a. Doing so would violate requirements of the

ODRC as set forth in its administrative

rules and policies;

b. Doing so would interfere with the secure, safe,

and orderly operation of the facility; or

c. Doing so would endanger the security or safety

of any person.

2. The managing officer of a state correctional

institution that is privately operated and

managed pursuant to ORC section 9.06 may limit

the number of simultaneous camerafree meetings

and require advance scheduling of camera-free

meeting spaces by visiting

attorneys to ensure the orderly operation of the

facility is not disrupted.

Rule 5120:1-8-06 | Communication (jails)

1. Legal mail, including inmate mail to and from

attorneys, shall be handled pursuant to Administrative

Rules 5120-9-17, Incoming Mail, and 5120-9-18, Outgoing

Mail. Letters to or from staff members of the ODRC do not

qualify as legal mail under this provision

75-MAL-03 – Incarcerated Population Legal Mail

(state

facilities)

A. Processing Incoming Legal Mail

2. Staff shall visually inspect the envelope for obvious

signs of contraband or anomalies. If there is no obvious

indication that the mail contains contraband, staff shall

proceed to the next step of this procedure. If there are

obvious indications that the mail contains contraband, staff

shall proceed to subsection VI.B below.

…

4. The contents of legal mail should never be copied.

Rule 5120:1-8-06 | Communication

(jails)

opened and inspected in the presence of the inmate to

intercept contraband. The jail shall document procedures

for the appropriate disposition of intercepted items.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

made in regulations governing legal services, mail,

printed materials and visitation. In the event of an

urgent legal matter, an inmate may contact unit

personnel to request arrangement of an unmonitored

telephone call. Telephone calls with an attorney,

that have been cleared and approved by the

managing officer/designee, shall not be voice

monitored, but shall be visually monitored.

Rule 5120:1-8-06 | Communication

(jails)

(H) (Important) Inmates shall have access to legal

counsel of record including telephone contact,

written communication, and confidential visits.

(H) (Important) Inmates shall have access to legal

counsel of record including telephone contact,

written communication, and confidential visits.

Oklahoma

Phone

Visitation

Mail

Regulations/Guidance

*State facilities are regulated

by the Oklahoma

Department of Corrections

policies. County jails are run

by local law enforcement..

OP-030119 – Inmate Telephone Privileges

II. Monitoring of Telephone Calls

1. Calls, other than those deemed legal, may be

monitored by facility staff officials.

2. Legal calls are those by inmates to their

attorney(s) and those persons working for the

attorney(s). Inmates shall request to have attorney

telephone numbers entered into the telephone

system as privileged. The requests should be

processed by the facility, as designated by the

facility head, and entered into COMIT. Once

submitted, the General Counsel’s office will verify

the attorney’s telephone number and enter the

verification into the inmate telephone system

OP-030118 – Visitation

C. Attorney Visits

Attorney visits are visits that occur between the

inmate and his or her attorney or paralegal,

investigator, law student, or expert witness working

for the attorney representing the inmate. Inmates

will be allowed the same general visiting privileges

during an attorney visit as what is permitted for

regular visits. Attorneys may be required to present

an Oklahoma Bar Association membership card

upon their arrival at the facility. Paralegals,

investigators, law students, or expert witnesses

appearing for an attorney visit may be required to

present a letter on the attorney’s letterhead stating

that the paralegal, investigator, law student or expert

witness is working for the attorney on the case

involving the inmate who is also the attorney’s

client. Attorneys are encouraged to visit their clients

during normal visiting hours of the facility. With

advance notice, and approval of the facility head,

attorney visits may occur during non-visiting hours;

however, such attorney visits will normally be

OP-030117 - Correspondence, Publications, and

Audio/Video Media Guidelines

1.B. Legal Mail/Correspondents Mail to/from attorneys

must be protected in recognition of the attorney-client

privilege, 12 O.S. § 2502.

1. Mail to/from a paralegal service is not considered legal

mail, as there is no attorney/client relationship or privilege.

2. Mail to/from the Attorney General of the State of

Oklahoma and the courts will be processed as legal mail.

V. Handling of Legal Mail

A. The facility head or designee will ensure that the name

and address of sender, name and address of the recipient,

and the date of all incoming and outgoing legal mail is

entered in a mail log and identified as legal mail.

B. All outgoing legal mail will be correctly addressed and

the envelope marked “Legal Mail.” If incorrectly marked or

addressed, the mail will be returned to the inmate to be

corrected. Legal mail will be submitted unsealed and a

cursory inspection for foreign substances and suspicious

features such as, escape plans, maps, music, art, coloring

diagrams, and other documents obviously not legal material

will be conducted. Reading legal mail for content review is

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

restricted to normal business hours and the date,

time and duration of the visit may be set by the

facility head. With approval of the facility head,

attorney visits may be barrier free, contact visits.

Facility heads may approve an attorney, paralegal,

investigator, law student or expert witness to bring a

computer or tablet to the visit, if necessary for

document review by the inmate or for testing that

requires software/technology. Each facility head

shall develop procedures for attorney visit requests

and approval of attorney visits and should address

all other matters that require approval of the facility

head. Attorney visits may be visually observed by

staff but are not to be audio recorded or occur in a

location where the conversations between the

inmate, attorney, paralegal, law student, investigator

or expert can be overheard by staff.

not allowed unless authorized by the facility head upon

reasonable suspicion that unauthorized activities or material

has been placed in the outgoing legal mail. The envelope

will then be sealed by the inmate in the staff member’s

presence.

C. Incoming mail marked “Legal Mail” that does not

contain a return address will be returned to the post office.

D. All incoming legal mail will be opened in the presence

of the inmate addressee and a cursory inspection for foreign

substances and suspicious features such as, escape plans,

maps, music, art, coloring diagrams, stickers, unnecessary

labels and other documents obviously not legal material

will be conducted including leafing through the material to

ensure nothing is concealed between the pages; however,

reading legal mail for content review is not allowed unless

authorized by the facility head upon reasonable suspicion

that unauthorized activities or material has been placed in

the incoming legal mail.

1. If the inmate has transferred, the legal mail will be

forwarded within one business day to the inmate’s current

facility. However, certified mail will not be accepted in

accordance with Section II. F. item 2. of this procedure.

Oregon

Phone

Visitation

Mail

Regulations/Guidance

*State facilities are subject

to Oregon Department of

Corrections rules while local

facilities are subject to

separate rules

291-130-0021

Legal Calls (state facilities)

(1) The department shall maintain a list of legal

telephone numbers entitled the “legal call list.”

Inmate calls to attorneys whose telephone numbers

appear on the legal call list will not be monitored or

recorded by the department. The legal call list shall

include the official telephone numbers of all

attorneys registered with and provided to the

Oregon State Bar Association, official telephone

numbers of attorneys who have requested and been

added to the list as specified in subsection (2) below

and business telephone numbers of other

291-127-0450

Professional Visits (state facilities)

(1) Professional visits shall be approved in advance

by the superintendent or designee. Such visits

should be made by appointment during regular

visiting hours or hours as designated by the facility.

(2) Persons approved for these types of visits with

an inmate must present credentials or identification

at the facility visiting desk or reception area

sufficient to identify themselves.

(3) These types of visits are not subject to a point

deduction.

291-131-0030

Examination/Inspection of Legal and Official Mail (state

facilities)

(1) Legal or official mail shall be afforded special

processing as provided in subsections (2) and (3) of this

rule.

(a) To qualify for special processing, mail that otherwise

qualifies as legal or official mail under OAR 291 131 0010

(14) or (18) must have affixed to the addressee side of the

envelope or parcel the words "LEGAL MAIL" or

"OFFICIAL MAIL", as appropriate. The "LEGAL MAIL"

or "OFFICIAL MAIL" designation should be set apart from

both the return address and the mailing address, and should

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

organizations as deemed appropriate by department

and whose communication with inmates shall be

considered confidential. The list of official numbers

of attorneys registered with the Oregon State Bar

will be updated twice a year.

(2) Upon request of an attorney whose official

telephone number is not on the legal call list or upon

request of the attorney’s inmate client, the

department will verify the number with the

appropriate state bar and add the attorney’s official

telephone number to the list. However, the

department will not include an attorney’s home, cell

or other telephone number on the department’s legal

call list that is not the attorney’s contact telephone

number provided to the appropriate state bar. Inmate

calls to telephone numbers not on the legal call list

will be subject to monitoring or recording by the

department.

(3) An inmate with an active or pending case with

an imminent court deadline of ten business days or

less who does not have regular access to the inmate

telephone system (e.g., the inmate is in disciplinary

segregation or Intensive Management Unit) may be

permitted a legal call to his/her attorney as approved

by the officer-in-charge or the inmate’s counselor.

(a) Use of Inmate Telephone System: Designated

staff will make arrangements for the inmate to make

the call.

(b) Use of Staff Phones: Designated staff will

facilitate the call and verify the identity of the

person called. The staff member shall leave the area

where the call is taking place; however, the inmate

shall be kept under observation. The call should be

placed as collect, if possible. Use of staff phones for

such calls shall be held to a minimum.

(4) Professional visitors may be permitted to bring

necessary documents or paperwork into the visiting

area for exchange with the inmate with prior

approval of visiting staff.

(5) Computers, tape recorders, and other electronic

devices may be permitted upon the approval of the

superintendent or designee. All articles shall be

searched for contraband.

(6) These types of visits shall be permitted with only

one inmate at a time, except as otherwise authorized

in advance by the superintendent or designee.

be of sufficient size, to permit easy recognition by facility

mailroom employees.

(b) Mail that otherwise qualifies as legal and official mail

but lacks the proper designation shall be processed as

ordinary mail ( shall be subject to inspection; for example,

opening, examination, reading or photocopying)outside the

inmate's presence.

(2) Legal and official mail sent from or received in a

Department of Corrections facility in sealed envelopes or

parcels shall be opened and examined for contraband in the

presence of the inmate, but shall not be read or

photocopied, except as authorized in subsection (3) of this

rule.

(3) Legal and official mail may be inspected (i.e., opened,

examined, read or photocopied) outside of the inmate's

presence only when directed by the Department of

Corrections facility functional unit manager or designee,

and approved by the Assistant Director of Operations or the

Inspector General, based on specific circumstances or

specific information indicating that an inmate or other

person has or may be in the process of violating provisions

of law, department administrative rules, or may otherwise

be engaged in activity that threatens or impairs the security,

good order, or discipline of the facility and officials, staff,

or inmates.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Pennsylvania

Phone

Visitation

Mail

Statutes

Title 66 Pa.C.S.A. Public Utilities § 2907. State

correctional institutions

(a) Identification of calls.--Telecommunication

service providers which provide telecommunication

services to State correctional institutions shall

identify to the called party any call made by an

inmate as originating from a correctional institution.

(b) Payment of calls.--

(1) The Department of Corrections may direct

that calls made by an inmate shall be collect calls.

(2) The Department of Corrections may provide

guidelines for alternative payment methods for

telephone calls made by inmates, provided that the

alternative methods are consistent with security

needs, orderly operation of the prison and the public

interest.

not be construed to create any cause of action or any

legal right in any person or entity. In addition, this

section is not intended to create any right of an

inmate to make a telephone call or to compel a

particular method of payment.

Regulations/Guidance

* The Pennsylvania

Department of Corrections

policies and regulations

apply to all facilities

operated under the

jurisdiction of, or conducting

business with the

Department of Corrections.

It is not clear if DOC rules

apply only to state facilities

or to both state and county

DC-ADM 818 _ Automated Inmate Telephone

System

D. Facility Authorized Telephone Calls

1. Facility staff may authorize the use of the

facility-owned telephone system for the following

reasons:

a. serious illness, hospitalization, or death of an

immediate family member;

b. contact with an attorney in matters of

immediate need, which will last no longer than

five to ten minutes. If additional time is needed,

the attorney will be directed to contact the facility

to set up a telephone conference;

37 Pa. Code § 93.3 - Inmate visiting privileges

for whom the inmate desires visiting privileges at

any time. The designation shall be in addition to the

names on the approved list and will not be counted

against the total approved by the Department.

(1) The confidentiality of the attorney-client

relationship will be honored. Personnel will not be

stationed in a manner as to be able to overhear

normal conversation.

(2) An attorney who has been designated by an

inmate as the inmate's legal advisor may permit

persons, such as law students or investigators to

DC-ADM 803 – Inmate mail and Incoming Publications

1(D) Incoming Inmate Mail Procedures – Privileged Mail

3. Processing of Incoming Privileged Correspondence.

a. All incoming, privileged inmate correspondence must

be addressed and sent to the inmate at the address of the

institution where he or she is housed.

…

d. Privileged correspondence shall only contain essential,

confidential, attorney-client communication.

…

h. Incoming privileged correspondence shall not be

opened by the mailroom staff.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

facilities (there are separate

chapters within the state

code, but the chapter

pertaining to jails contains

very little). The DOC

inspects county correctional

institutions.

c. when the attorney will not accept a collect call

and the inmate has no funds available for a pre-

paid call;

d. contact with an attorney regarding a legal

matter which, because of an immediate deadline,

cannot be handled in person or via

correspondence; and

e. an extraordinary or unusual circumstance.

2. The inmate must establish that an actual

emergency exists. The staff member authorizing

the inmate telephone call must verify the emergency

exists prior to placing the call, document the call on

a DC-121, Part 3, Employee Report of Incident, and

forward the report to the Security Office and the

Facility Manager/designee. In addition, a facility

authorized call is to be monitored by the staff

member providing this privilege. If the

inmate does not agree to have this phone call

monitored, he/she will not be granted the

privilege of placing a telephone call on the facility-

owned telephone system. An attorney

phone call shall not be monitored; however, staff

will first verify that the call is received by

the attorney and the attorney is representing the

inmate.

37 Pa. Code § 93.7 - Telephone calls

(a) Inmates in general population may make phone

calls in accordance with 66 Pa.C.S. § 2907 (relating

to state correctional institutions) and the Department

of Corrections Inmate Handbook. Phone calls,

except confidential communications between

attorneys and inmates, will be subject to monitoring

in accordance with 18 Pa.C.S. § 5704 (relating to

visit the inmate to act as the attorney's agents. Each

person shall present to the facility at the time of the

visit a written statement signed by the attorney on

the letterhead of the firm of the attorney identifying

each person as the attorney's agent and attesting that

the visit is for the purpose of a legal consultation.

(3) Attorneys and their agents are subject to the

same rules and regulations as other visitors.

i. Mailroom staff will ensure that all the information

below is entered into the Digital Master Log prior to the

privileged correspondence being forwarded, unopened, to

the facility Security Office:

(1) inmate name and institutional number;

(2) institution;

(3) ACN/CCN/MCN;

(4) TC;

(5) verification of sender/address; and

(6) accepted/rejected with reason

…

4. Incoming privileged correspondence may only be read

upon the written approval of the Secretary/designee when

there is reason to believe that there is a threat to facility

security or criminal activity.

37 Pa. Code § 93.2 - Inmate correspondence

and examined for contraband in the facility's mailroom or

designated area except when permitted under paragraph (1).

(1) The Department may permit sealed mail to be opened

in the presence of an inmate under the following

conditions:

(i) An attorney or authorized representative/designee

may hand-deliver a sealed confidential client

communication to an inmate if the attorney is unable to

communicate through alternative means, if the

following conditions are met:

(A) The person making the delivery does so during

normal business hours unless granted permission in

advance by the Secretary or a designee.

(B) The person making the delivery shall provide

valid identification and information sufficient to

verify that the person is the inmate's attorney or

authorized representative of the attorney.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

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exceptions to prohibition of interception and

disclosure of communications).

documents for inspection for contraband, unsealed

and unbound.

(D) Upon inspection, the documents will be sealed

and delivered to the inmate where they will be

unsealed and searched again for contraband.

(ii) An attorney may obtain a control number from the

Department's Office of Chief Counsel if the attorney

wishes to have correspondence addressed to an inmate

client opened in the presence of the inmate.

(A) An attorney shall submit a written request for a

control number to the Office of Chief Counsel. The

request must include the attorney's name, address,

telephone and facsimile numbers, State attorney

identification number and a verification subject to the

penalties of 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities) that all mail sent to

inmates using the control number will contain only

essential, confidential, attorney-client communication

and will contain no contraband.

(B) The attorney shall place the control number on

each envelope that the attorney wishes to have opened

in an inmate's presence. The number is confidential. It

shall only be placed on the outside of the envelope so

that it can be obliterated before it is delivered to an

inmate client.

envelope, the mail will be treated as regular mail and

opened in the mailroom unless the procedures in

subparagraph (i) are followed.

(D) The Department may change the control number

for any reason upon notice to the attorney who

requested it.

(iii) A court may direct delivery of court documents

sealed from public disclosure to an inmate by specific

order. The court's representative shall deliver the sealed

documents and the specific court order to the facility.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

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Under no circumstances will documents filed in a court

of public record be delivered sealed to an inmate.

Rhode Island

Phone

Visitation

Mail

Regulations/Guidance

* Rhode Island has a

“unified” prison and jail

system. The Department of

Corrections regulations

apply to all facilities.

240-RICR-30-00-2

- Inmate Telephone Privileges / Monitoring

2.3(D)(2). Inmate calls are limited to:

a. Up to ten (10) social numbers;

b. Up to five (5) attorney numbers.

Only attorneys whose names and business telephone

numbers appear in the State of Rhode Island and

Providence Plantations Supreme Court ACS

Attorney Registration will be recognized for this

privilege, unless authorization is given by

the Warden or designee.

240-RICR-20-00-3 - Access to Institutional

Facilities by Attorneys and Their Agents

A. For the purposes of this Part, attorneys are

defined as members in good standing with the Bar

of Rhode Island or members of any other state or

federal jurisdiction who represent clients

incarcerated at RIDOC. See § 1.4(D)(1) of this Part

for identification requirements.

240-RICR-10-00-1 – Inmate Mail

1.4.2 Privileged Mail

A. General Guidelines

1. Privileged mail, whether it is incoming or outgoing,

cannot be read by RIDOC staff.

2. Inmates are permitted to send and receive letters from

the following persons:

a. Any official of a court of the United States or the State

of Rhode Island or acting on behalf of the court (judge,

attorney, clerk, probation and parole officers);

b. The President of the United States;

c. The Governor of the State of Rhode Island;

d. Any member of the Congress of the United States;

e. Any member of the General Assembly of the State of

Rhode Island;

f. The Attorney General of the United States;

g. The Attorney General of the State of Rhode Island;

h. The Director or any agent of the Federal Bureau of

Investigation (FBI);

i. The senior administrator of any state’s State Police;

j. The Director of the Rhode Island Department of

Corrections;

k. Any Assistant Director of the Rhode Island

Department of Corrections;

l. Any member of the Parole Board;

m. RIDOC Inmate Grievance Coordinator;

n. Any public official or agency, where the mail appears

on its face to relate to legal matters;

o. The American Civil Liberties Union (ACLU), its

affiliates and sections,

i.e., The National Prison Project;

p. Public Defender;

q. Attorney;

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

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r. Legal Aid Society.

…

B. Incoming Privileged Mail

1. Incoming privileged mail may be opened and inspected

in the presence of the inmate addressee. RIDOC staff is

prohibited from reading privileged incoming mail.

2. Incoming privileged mail is treated as privileged only

if the name and/or official status of the sender appear

clearly on the envelope.

C. Outgoing Privileged Mail

1. Outgoing privileged mail may only be inspected if a

reasonable belief exists that the security of the institution is

at risk. In such cases, it may be inspected for contraband

only in the presence of the inmate. RIDOC staff is

prohibited from reading outgoing privileged mail.

South Carolina

Phone

Visitation

Mail

Regulations/Guidance

The South Carolina

Department of Corrections

administrative operations

manual applies to state run

facilities. City, County and

regional jails must adhere to

the

Minimum Standards for

Local Detention Facilities in

South Carolina

ADM-15.02, "Telephone Use" (state facilities)

3.3Inmates and called parties will hear an

announcement that their calls may be monitored and

recorded prior to the acceptance of the call. All

telephone calls will be monitored except for calls to

the inmate's attorney of record, if the attorney has

requested that those calls not be monitored.

Attorneys may request that calls not be monitored

by providing their telephone number, the name and

inmate # of the inmate they represent, and their bar

association membership number in a formal request

on their firm's letterhead. This request must be sent

to: South Carolina Department of Corrections Office

of the General Counsel PO Box 21787 4444 Broad

River Road Columbia, SC 29221-1787 NOTE: Any

questions regarding attorney telephone privileges or

requests that calls not be monitored should be

addressed to the RIM Help Desk.

OP-22.09, "Inmate Visitation" (state facilities)

5.4 Attorneys: The SCDC recognizes that inmates

have a guaranteed right to communicate with their

attorneys and to be provided access to state and

federal courts. The SCDC will ensure that inmates

are afforded sufficient access to visit with their

attorneys and authorized agents, e.g., paralegal or an

investigator, who can show they are working for the

attorney of record . An attorney desiring to visit an

inmate who is not a member of his/her immediate

family may gain admission to any SCDC institution

by calling Monday through Friday during normal

business hours and making an appointment with the

Institution the inmate is housed at (on or about 8

A.M. - 4 P.M.) The Institutions will make every

effort to accommodate attorney visits, but may

require advance notice for the visit. The attorney

will be required to present his/her bar identification

card and a photo identification card as described in

PS-10.08, "Inmate Correspondence Privileges" (state

facilities)

8.3 Legal, Privileged, and Certified Mail: The Postal

Director/designee will be responsible for date stamping and

documenting all incoming legal, privileged, and certified

correspondence on SCDC Form 10-12,

"Legal/Privileged/Certified Mail Delivery Log." The

disposition of such mail (e.g., inmate picked up

mail, inmate refused mail - returned to sender, inmate

released from the SCDC-mail forwarded, etc.) must

be documented on the Legal/Privileged/Certified Mail

Delivery Log. The Postal Director will be responsible

for verifying the identity of the inmate by his/her SCDC

identification card prior to delivering the mail.

…

11.1 Legal: Inmates will be permitted to send legal mail as

needed regardless of his/her indigent status,

E.H. Cooper Trust Fund account cash balance, or canteen

spending limit to the following recipients:

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Minimum Standards for Local Detention Facilities

in South Carolina (local facilities)

2014 - 33 TELEPHONES Telephones are available

for inmate use.

Discussion: Telephone facilities should permit

reasonable and equitable access for all inmates

and permit a reasonable amount of privacy.

2033 TELEPHONE Each facility shall develop and

implement a written plan for the use of the

telephone. Inmates may be required to pay for

telephone calls. If telephone calls are to be

monitored and/or recorded, notice shall be provided.

Procedure 5.2, above, to the Officer(s) at the

entrance of the institution.

Officials of federal, state, and local courts - the inmate shall

be required to demonstrate that s/he has an

action pending in the court or that s/he is initiating an

action in the court. For indigent inmates, all

pending/initiated legal actions in court must relate to

challenging or appealing the inmate's sentence or to

challenging the conditions of his/her confinement.

Attorneys (and their authorized representatives) - limited to

inmate's attorney of record; attorney(s)

representing the defendant in civil actions in which the

inmate is a plaintiff. (An attorney/client relationship

must be established by correspondence from the attorney

confirming representation in a particular matter or

court documents proving appointment in an on-going, not

past case.)

Minimum Standards for Local Detention Facilities in South

Carolina (local facilities)

2032 CORRESPONDENCE Each facility shall develop and

implement a written plan for the handling of inmate mail.

Such a plan shall include the following provisions: (a)

Inmate mail shall not be read except where there is

reasonable suspicion that a particular item of

correspondence threatens the safety or security of the

institution, the safety of any person, or is being used for

furtherance of illegal activities. All official mail shall be

opened in the presence of the inmate to whom it is

addressed. Official mail is defined as mail from officials or

organizations including, but not limited to: courts, counsel,

officials of the confining authority, government officials,

administrators of grievance systems, Department of

Corrections, Jail and Prison Inspection Division,

Department of Juvenile Justice, and members of the Parole

Board.

South Dakota

Phone

Visitation

Mail

Regulations/Guidance

1.5.D.4 Inmate Access to Telephones and Tablets

1.5.D.1 Inmate Visiting

1.5.D.3 Inmate Correspondence

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

Department of South Dakota

policies apply to state run

facilities. County and police

jails and locally run.

7. Attorney or Privileged Calls:

A. When a caller who has identified themselves as

the inmate’s Attorney at Record or a

privileged source calls a DOC institution and

requests to speak to an inmate, the call will be

transferred to a member of the inmate’s unit team. If

a staff member not available to take the

call, the call will be transferred to the Officer-In-

Charge (OIC). The contact may choose to

leave a message or voicemail. Staff will notify the

inmate of the contact within two business

days of receipt of the attorney contact.

1. Staff may contact the State Bar of South

Dakota at (605) 224-7554 to confirm whether

the person holds a State Bar of South Dakota

Certificate of Membership (only applicable

to SD attorneys).

2. Staff will provide the inmate with the name

and contact information of the contact, as

provided.

3. The inmate may use the telephone system.

Inmates must contact unit staff to arrange for

a privileged/non-monitored telephone call.

4. If the inmate’s telephone privileges are

temporarily suspended, or the inmate is indigent,

the inmate may request unit staff or the OIC

arrange a time and day for the inmate to call

the contact. Return calls requested by the inmate

to contact should be scheduled within two (2)

business days of the inmate’s request. The inmate

may be granted additional telephone access until

the contact is successfully reached, or a message

can be left.

a. Attorney/privileged telephone calls are

generally limited to weekdays (MondayFriday,

5. Attorney of Record and Recognized Officials:

A. Attorneys, judges, Chief Justice, Justice of the

Supreme Court, Governor, Lieutenant Governor,

Governor’s staff and cabinet, current legislators,

parole board members, or other recognized federal

or state officials (VIPs) may be exempted from a

criminal background check by the Warden or

Deputy Warden, provided the person’s identify and

position can be verified.

1. Attorneys entering the institution for an

Attorney of Record visit should be prepared to

present a valid “Certificate of Membership” (State

Bar card) AND a valid government photo ID (See

ARSD 17:50:02:21). If the person refuses or is not

able to produce a valid State Bar card and valid

government issued ID, the person is required to

complete a Visit List Verification form and is

subject to approval by the Warden or Deputy

Warden prior to admittance to the institution.

B. Any request by an inmate for an attorney visit,

which may include the Attorney of Record or any

representative of an approved attorney (i.e. paralegal

or another attorney from the same firm) that is

requested for a time or day outside the regularly

scheduled visitation hours or days, must be

forwarded to unit staff at least one business day

prior to the requested attorney visit.

1. Approval of attorney visits outside regular visit

hours or days may be contingent on the existence

of extenuating circumstances, such as an imposed

deadline for filing or a hearing date. Extenuating

circumstances will be considered on a case-by-

case basis.

…

K. Audio monitoring (either electronically or in-

person) of attorney visits is not permitted. DOC

3. Incoming Privileged/Legal Correspondence:

A. Only privileged/legal correspondence readily and

clearly identifiable as privileged/legal correspondence shall

be treated as such. It is the responsibility of the sender to

clearly indicate the correspondence contained within the

envelope or package is privileged/legal.

B. Correspondence/envelopes and package clearly

designated privileged/legal shall remain secure

and in the control of authorized staff until personally

delivered to the inmate addressee.

C. Privileged/legal correspondence or packages will be

examined, scan searched and inspected by

designated staff in the presence of the inmate, to ensure the

contents meet policy requirements and

do not contain contraband (See ACA 4-4492).

Correspondence and packages may be searched

outside the presence of the inmate in emergency situations,

such as correspondence or packages perceived to pose an

immediate threat. An emergency exception requires

authorization from the Mail Security Coordinator or Special

Investigation Unit staff. During the inspection of

privileged/legal correspondence, staff will determine the

genuineness of the addressor (See ARSD 17:50:10:04).

1. Staff shall not read, censor or unreasonably delay

privileged/legal correspondence or packages, unless, after

opening the envelope or package, there is a reasonable

belief supporting the correspondence contained is not

privileged/legal correspondence, poses an immediate

threat or otherwise violates policy or correspondence

requirements. Such inspection will be completed in the

presence of the inmate. If any of the content is withheld

from delivery, the inmate shall be notified of reason and

this shall be noted on the Inmate Legal Mail

Acknowledgement form

2. Inspection may include opening all seams of any

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

excluding state or federal holidays) and regular

business hours (8:00 a.m.-5:00 p.m.) and must

not interfere with the daily operation of the unit

or institution.

b. Telephone calls may be scheduled to take

place in a staff member’s office on a staff

telephone.

c. Telephone calls scheduled by a staff

member are generally limited to no more than

fifteen (15) minutes. The time limit does not

apply to court-ordered telephonic hearings.

d. Staff will not audio monitor the phone call.

Visual monitoring of the inmate during the call is

permitted.

1) If there are no windows to facilitate visual

monitoring of the inmate, the office door must

remain partially open to permit visual

observation of the inmate by the supervising

staff member.

2) If there are windows that allow for visual

monitoring of the inmate, the office door may

be closed during the call. Staff will maintain

visual monitoring of the inmate for the

duration of the telephone call.

e. Collect calls are limited to a maximum of

30 minutes.

B. Inmates will have access to the telephone

system to contact their Attorney of Record or

privileged source, unless otherwise prohibited (See

ACA 4-4275). Inmates who do not have telephone

privileges, have not been assigned a PIN number, do

not have access to telephones, tablets or kiosks, or

are indigent, must submit a written request to unit

staff to call their Attorney of Record or privileged

source. Staff will respond to the inmate’s request

staff may visually monitor attorney visits. A private

visiting area will be made available to inmates for

the purpose of discussing legal matters (See ARSD

17:50:02:06). Inmates may be restricted to non-

contact visits with an attorney, based on risk and

status.

envelope containing legal/privileged correspondence. If

the envelope is to be withheld from delivery to the inmate

for safety and security reasons, the inmate may request a

photocopy of the outside portion of the envelope

showing the sender’s name, return address and postmark

date. Privileged/legal correspondence/envelopes may be

on colored/non-white envelopes and paper and shall be

delivered to the intended recipient.

3. The inmate will be informed in writing if

privileged/legal correspondence properly marked and

intended for delivery to an inmate, is accidently opened

by staff outside the presence of the inmate.

…

6. Outgoing Privileged/Legal Correspondence:

A. Inmates shall be permitted to mail privileged/legal

correspondence to designated officials (privileged

correspondence). Only correspondence properly designated

as privileged/legal correspondence will be considered

privileged/legal correspondence.

B. Each housing unit will maintain regular and designated

times on weekdays for inmates to mail privileged/legal

correspondence. The correspondence must be delivered to

staff by the inmate in an unsealed, self-addressed envelope

or provided to staff making rounds to collect

correspondence prepared for mailing.

C. Outgoing privileged/legal correspondence will be

inspected. Staff shall not read, censor, copy or

unreasonably delay privileged/legal correspondence

without cause.

1. Staff will not read privileged/legal correspondence but

may inspect the correspondence pageby-page in the

inmate’s presence (ACA 4-4492).

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

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within two (2) business days of receipt of the

request.

C. When utilizing the DOC telephone service to

contact the inmate’s Attorney of Record or

privileged source, it is the inmate’s responsibility to

request a non-monitored telephone line. Calls placed

from inmate tablets or kiosks are not confidential

and may be monitored and/or recorded.

D. All inmates, regardless of their assigned unit

or status shall be permitted to participate in

telephonic or electronic court hearings, as

directed/ordered by the court. Accommodations may

be provided if an attorney requests the inmate

participate in a telephonic hearing, as deemed

appropriate by unit staff.

1. Participation in court hearings must be

arranged with unit staff in advance.

Confirmation may be required from the inmate’s

attorney or representative of the court. The DOC

must be provided sufficient advance notice of

the time and date set for the hearing.

Courtordered telephonic hearings are typically

at the expense of the DOC.

2. Telephonic judicial hearings are not typically

subject to recording or audio monitoring, unless

otherwise deemed a public hearing. The inmate

will be visually monitored by staff.

E. The DOC may not apply limitations to inmate

telephone calls or access to telephones when an

inmate demonstrates communication with their

Attorney of Record or privileged source through

privileged correspondence or privileged visitation is

not adequate to meet the inmate’s legal needs

(ARSD 17:50:02:17). In emergency cases, during

normal business hours, a telephone phone number

can be added to an inmate’s approved contact list the

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

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same business day, or as soon as possible to

facilitate communication with the Attorney of

Record or privileged source.

F. Privileged source or Attorney of Record phone

calls may be denied or terminated if there is

reasonable belief the call is a threat to the safety or

security of the institution. The Deputy Warden shall

be notified if staff deny or terminate such a call.

Tennessee

Phone

Visitation

Mail

Regulations/Guidance

* Tennessee Department of

Corrections policies and

procedures apply to state run

institutions. Jails are locally

run but are inspected by the

state.

503.08 – Telephone Privileges

E. Monitoring/Recording at Facilities with ITS

Equipment:

1. Telephone calls to an attorney shall not be

monitored or recorded.

105.09 – Attorney Access to Inmates

VI. A. Attorneys shall be permitted access to

inmates when such access is directly related to the

provision of legal services. Such access shall be

during the hours established by the facility, but not

less frequently than from 8:00 a.m. to 4:30 p.m.

local time, five days a week. Attorneys who desire

such access must contact the

Warden/Superintendent or his/her designee in

advance of the intended visit to facilitate entry into

the facility and make meeting arrangements.

…

G. Unless specifically authorized by the

Warden/Superintendent or his/her designee, all

meetings between attorneys and inmates shall be

one-on-one; however, all videoconference

meetings between attorneys and inmates shall

always be one-on-one. The

Warden/Superintendent or his/her designee shall

make every reasonable effort to provide a

room where an attorney can meet confidentially

with an inmate. In any event an inmate

must be maintained under visual supervision. A

meeting place shall be provided in which

the discussion between the inmate and attorney

cannot reasonably be overheard by others.

507.02 – Inmate Mail

VI.

C. Incoming mail shall be handled as follows:

1. Incoming privileged mail shall be opened only by a

staff member in the presence of the inmate addressee in

order to examine the contents for contraband, and then

documented. Any mail which has papers which are bound

together by metal clips shall be disassembled by removing

the metal clip. The staff members shall not read the

privileged mail or listen to legal tapes unless the

Warden/Superintendent has, on the basis of reasonable

suspicion, determined that privileged mail or tapes may

contain information relating to criminal activity. The

privileged mail/tape may be read or listened to outside the

presence of the inmate if doing so is necessary to avoid

compromising an on-going criminal investigation. A bound

ledger shall be maintained by mail room staff that lists each

of privileged mail received/sent, the date inspected and

delivered, and recipient’s signature. Mail relating to the

implementation of Policy #511.05 is not considered

privileged mail.

2. All incoming inmate privileged mail, staff mail, and

packages shall be fluoroscoped for contraband prior to

leaving the mail room.

…

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

4. Outgoing privileged mail shall have the envelope date

stamped immediately upon its receipt by a designated

employee, who will also make an entry in the log for

privileged mail. The mail must be identified as privileged

by the inmate, who may write “privileged” on the front of

the envelope or who may inform the mail room staff. This

requirement shall apply for all inmates, including those in

segregation or protective custody status.

…

7. Privileged mail may only be opened and/or read with the

written permission of the Assistant Commissioner of

Prisons/designee. A written request stating the reason for

this action must be submitted by the

Warden/Superintendent/designee to the Assistant

Commissioner of Prisons/designee for approval. Excluding

weekends and holidays, approval must be obtained within

24 hours of the mailrooms receipt of the outgoing

correspondence.

Texas

Phone

Visitation

Mail

Regulations/Guidance

*The Texas Department of

Criminal Justice Board

Policy rules apply to state

facilities. Counties are

responsible for jails and

subject to

minimum

standards under state law.

BP-03.81 – Rules Governing Inmate Access to the

Courts, Counsel and Public Officials (state

facilities)

VI. Attorney and Inmate Telephone Calls

A. General Guidelines

…

2. Attorneys are not permitted to use an attorney

and inmate telephone call to provide contact

between the inmate and any other person.

…

4. Inmates may place telephone calls to their

attorney of record using the Inmate Telephone

System (OTS). OTS telephone calls shall be

placed in accordance with ED-03.32, “Inmate

Access to Telephones.” Calls between an inmate

and the attorney registered as the attorney of

BP-03.81 – Rules Governing Inmate Access to the

Courts, Counsel and Public Officials (state

facilities)

V. Attorney Visitation

A. Periods of Visitation: Except as limited by this

policy, an inmate may visit with an attorney or

designated representative on business days for any

length of time between 8:00 a.m. and 5:00 p.m.,

including lunch and dinner hours. In compelling

circumstances, the warden or designee may permit

the visit to extend past 5:00 p.m. On Saturdays,

Sundays, and state and national holidays, attorneys

or designated representatives may visit subject to

the rules governing non-attorney visits. At the

warden’s discretion, the warden may permit an

BP-03.91 – Uniform Inmate Correspondence Rules (state

facilities)

III. Legal Correspondence

A. Permissible Correspondence

To facilitate the attorney-client privilege, an inmate may

send sealed and uninspected letters directly to legal

correspondents. No correspondence from an

inmate to any legal correspondent shall be opened or read.

All incoming correspondence from any legal correspondent

shall be opened and inspected for contraband only. The

inspection shall be in the inmate’s presence. No

correspondence to an inmate from any legal correspondent

shall be read.

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

record with the OTS vendor shall not be recorded

or monitored.

5. Inmate requests for telephone contact with

their attorneys may be granted in critical

circumstances, such as the inmate receives

correspondence from a court requiring immediate

contact with the attorney or when a foreign

national needs to call the consulate. In such

circumstances, the inmate shall submit an I-60 to

the unit ATC supervisor with an explanation of

the critical circumstance. If the scheduled date

for the court appearance or hearing precludes a

personal visit or correspondence, the request for

telephone contact shall be approved. Telephone

calls shall be arranged between 8:00 a.m. and

5:00 p.m. during business days unless there are

compelling circumstances.

6. All other requests for telephone contact shall

be made in writing by the inmate’s attorney using

the I-162, Attorney/Inmate Telephone Call

Application, and the attorney shall provide the

unit with at least 24 hours notice, unless the need

is preempted by a legal emergency. 7. Frequency

and duration of attorney and inmate telephone

conversations shall be decided on a case-by-case

basis according to need. 8. The telephone call can

be scheduled on the same day as the request or on

a day that is convenient for all parties. 9. Except

as authorized by warrant or court order,

telephone calls to attorneys pursuant to this

policy shall not be monitored or recorded;

however, security staff shall maintain visual

surveillance of the inmate for the duration of the

call.

B. Telephone Call and Attorney of Record

Approval

attorney to visit an inmate on Death Row on a non-

business day if the attorney offers a reasonable

explanation for the necessity of a visit.

B. Notice: By 3:30 p.m. of the business day

immediately preceding the date that an

attorney or designated representative wishes to visit

an inmate, the attorney shall provide the warden or

designee the name and profession of each visitor,

the name of each inmate to be visited, and the

estimated arrival time. If visiting multiple

inmates, the attorney shall propose a time at which

the attorney or designated representative would visit

each inmate. The warden or designee shall produce

the inmate for the scheduled visit without

unreasonable delay

C. Identification This section does not apply to

SCFO attorneys or employees of the Office of the

Attorney General (OAG). 1. Attorneys: Attorneys

shall satisfactorily identify themselves to the warden

or designee and complete and sign a copy of the I-

163, Attorney Application to Visit TDCJ Offender.

An attorney bar card and either a valid driver

license, identification (ID) card issued by a

governmental agency that includes a photograph, or

valid United States passport are satisfactory ID. Any

other individuals accompanying an attorney shall

have the attorney complete the I-166, Attorney

Authorization for Approved Representative to Visit

TDCJ Offender, before the visit is considered. 2.

Upon arrival at the unit, the representative shall

present a valid driver license, ID card issued by a

governmental agency that includes a photograph, or

a valid United States passport, to the warden or

designee and provide a copy of the I-166, if not

already provided

…

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

1. Designation of Attorney of Record for OTS

Purposes Attorneys of record shall register with

the OTS vendor by submitting a letter on the

attorney’s letterhead stating the attorney’s name;

phone number, which shall be verified as

matching the number registered with the State

Bar of Texas; attorney’s state bar association

number and state of registration; a list of TDCJ

number and inmate first and last name(s); and a

statement that the attorney has an attorney-client

relationship with the listed inmate(s). If the

attorney is not listed with the State Bar of Texas,

the phone number of the bar association where

the attorney is licensed shall be included.

G. Visitation Procedures 1. Privacy: Unless

requested to do otherwise by either the attorney or

the inmate, the warden or designee shall respect the

privacy of the visit and maintain a sufficient

distance from the visiting inmate and attorney or

designated representative to preserve the privacy of

communications between them. This rule does not

limit the ability of the warden or designee to

maintain visual surveillance during the visit or to

terminate the visit in case of a threat to security.

Attorney visits shall be conducted in the designated

attorney visitation area

Utah

(no information located)

Vermont

Phone

Visitation

Mail

Regulations/Guidance

* Vermont has a “unified”

prison and jail system. The

Department of Corrections

policies apply to all

facilities.

DOC Policy#325 Telephone Use

6. A. Monitoring of Inmate Telephone

Conversations Inmate telephone conversations, with

the exception of privileged communications, shall

be recorded and may be monitored. Each facility

shall ensure that inmates receive advance notice of

recording and/or monitoring of their telephone calls

through:

1. A recorded message at the beginning of each

phone call that advises both the inmate and the other

party to the call that the call is subject to recording

and/or monitoring;

2. The Inmate Telephone System Number Request

Form – A statement that the acceptance of an

account and use of inmate telephones is deemed as

consent to recording and/or monitoring of inmate

telephone calls.

B. Monitoring of or Access to Recorded Inmate

Telephone Conversations

DOC Policy #327.01 Inmate Visits

4c. Attorney and Legal Visits

…

i. Attorneys or other legal representatives may visit

the facility provided there is reasonable advance

notice and that permission is granted by the

Superintendent or designee.

ii. Attorneys or their legal assistants do not need to

be on the inmate visitor list; however, their visit will

be logged. Legal assistants must have a letter of

introduction signed by the attorney on the firm’s

stationary. Legal assistants may not have been on

their visiting list previously. The attorney’s name,

etc., will be posted on the back of the visiting card.

They must have a current/valid photograph

identification at the time of the visit.

iii. All conversations between the inmate and their

legal visitor may be visually observed by

supervising correctional staff, but not overheard,

listened to or recorded in any manner in order to

DOC Policy #409.05 Inmate Mail, Publications, and

Audio/Video Regulations

4. Privileged Correspondence

a. Outgoing Privileged Correspondence

i. Outgoing privileged correspondence will meet the

same requirements as outgoing general mail except that

the words “Privileged Mail” or “Legal Mail” will be

written by the inmate on the front of the envelope.

ii. An inmate may not use an official Department of

Corrections envelope to mail privileged correspondence.

iii. Staff will handle outgoing privileged

correspondence in the same manner as outgoing general

mail, except that it may not be opened without the inmate

being present unless it is necessary to open the

correspondence for the sole purpose of determining the

identity of the inmate who sent it.

iv. Outgoing privileged correspondence may be opened

and inspected in the presence of the inmate when the

Superintendent or designee has reasonable suspicion that

the mail contains contraband or is otherwise in violation

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

The contents of a recorded/monitored inmate

telephone call shall only be disclosed in accordance

with 28 V.S.A. § 601(10). However, the department

may provide copies of recorded phone calls to the

Human Resources Investigation’s Unit in response

to investigations into employee misconduct.

reasonably preserve the confidentiality of the

attorney client relationship.

iv. No limit will be set to the number of legal visits

an inmate may receive. Legal visits will be kept

within the framework and times of normal business

hours whenever possible. Prior approval from the

Superintendent or designee should be received for

legal visits expected to exceed normal business

hours. v. Pertinent legal materials may be brought

for use during the visit but must be inspected by

correctional staff and must leave the institution with

the legal visitor, unless other arrangements have

been made.

of this directive.

…

b. Incoming Privileged Correspondence

i. Incoming correspondence will be treated as privileged

only if it is in an official envelope, with a verifiable return

address and from an individual, agency, or organization

covered by definition as “privileged” in this directive.

ii. Incoming privileged correspondence will be handled

in the same manner as incoming general mail, and will

not be opened outside the presence of the inmate to whom

it is addressed.

Virginia

Phone

Visitation

Mail

Regulations/Guidance

The Virginia Department of

Corrections operating

procedures apply to state

facilities. Jails and lockups

must conform to the

Minimum Standards For

Jails And Lockups

Operating Procedure 803.3 Offender Telephone

Service (state facilities)

C2. Blocking Attorney Calls from Recording and

Monitoring

a. It is the offender’s responsibility to request a

recording block to prevent recording and monitoring

of an attorney call using a Request to Block

Attorney Numbers.

b. Facility staff will email the completed Request

to Block Attorney Numbers to GTL at

va_att_form@gtl.net

c. GTL staff should process the Request within

two days.

i. When GTL staff cannot process the Request

within two days for any reason, they must notify

the Facility Unit Head and the Operations Support

Manager.

ii. The Facility Unit Head will ensure that the

offender is provided the opportunity to speak to

their attorney using the administrative phone

system.

Operating Procedure 851.1 Visiting Privileges

(state facilities)

B. Legal Visits

1. An attorney or representative acting on the

attorney's behalf on official business may qualify for

a legal visit with an inmate or probationer/parolee.

a. An attorney or the attorney’s legal

representative may request to visit with an inmate

or probationer/parolee by submitting a Legal

Visit Request to the Facility Unit Head or

designee.

i. In the absence of Court documents requiring

the visit, legal visits will be limited to attorneys

and legal representatives of law firms with a

current attorney-client relationship with the

inmate or probationer/parolee.

ii. The Legal Visit Request must be submitted

with reasonable advance notice, normally 48

hours but not less than 24 hours, of the intended

visit.

Operating Procedure 803.4 Central Mail Distribution

Center (state facilities)

I. Legal Correspondence Processing

A. All inmate and CCAP probationer/parolee legal

correspondence must be mailed directly to the Central Mail

Distribution Center at 3521 Woods Way, State Farm,

Virginia 23160 for screening and inspection, prior to

delivery to the facility and issuance to the inmate or CCAP

probationer/parolee.

1. Facility mailroom staff will return all legal

correspondence received at the facility that is not

received from the Central Mail Distribution Center to the

sender and will notify the sender of the reason for return

using the Notice of Unauthorized Correspondence

803_F2.

2. Facility mailroom staff will provide the inmate or

CCAP probationer/parolee with a copy of the Notice of

Unauthorized Correspondence as notification that the

correspondence was returned.

B. Initial Check-in Process

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

d. Numbers are subject to verification, including

the existence of a bona fide attorney-client

relationship.

e. Home numbers of attorneys will not be

permitted unless the attorney’s office of record and

their residence are the same.

f. Paralegals and investigators are not considered

attorneys for the purpose of blocking call recording

and monitoring.

g. A recording block will only be provided upon

verification by the vendor that the telephone number

is for an attorney or law firm.

h. The offender will not receive a confirmation

that the recording block is in effect. When a

recording block is in effect, the message at the

beginning of the call will not say that the call is

being monitored and recorded.

i. If an area code split affects a number with a

recording block, it is the offender’s responsibility to

resubmit the changes to continue to have the number

blocked from monitoring and recording.

Minimum Standards For Jails And Lockups

(jails

and lockups)

6VAC15-40-660. Access to telephone facilities.

Written policy, procedure, and practice shall ensure

inmates have reasonable access to telephone

facilities, except where safety and security

considerations are documented.

iii. Visits will occur during normal working

hours of the facility unless otherwise approved by

the Facility Unit Head or designee.

iv. The Facility Unit Head or designee will

review the Request and notify the attorney or

attorney’s legal representative of the decision.

b. A Court Order is required to take an inmate’s

or probationer’s/parolee’s deposition in a facility;

video depositions will never be required nor will

they be allowed.

c. A Court Order is required for an expert to

evaluate an inmate or probationer/parolee for a

Court proceeding, unless the evaluation is

initiated by the DOC or the Office of the Attorney

General.

d. Attorneys and their legal representatives will

be required to present a government-issued

identification card in order to enter the facility for

a scheduled legal visit.

i. An attorney must also present their State Bar

Association card.

ii. Legal representatives must present a letter on

official letterhead signed by the attorney or law

firm authorizing the representative to visit on the

attorney’s behalf.

e. Conditions for inmate or probationer/parolee

visits with an attorney or a legal representative

must maintain the confidentiality of the attorney-

client conversations while ensuring proper

security and sight supervision.

i. Conversations between attorneys and an

inmate or probationer/parolee are monitored only

by sight.

ii. Attorneys and legal representatives must not

give any articles directly to the inmate or

probationer/parolee.

1. Upon receipt of legal correspondence, Central Mail

Distribution Center staff will enter the following

information into the center’s electronic log system:

a. Date received

b. Inmate or CCAP Probationer/Parolee Name

c. DOC Number

d. Sender’s information from the outer envelope

e. Correspondence Acceptance or Rejection based on

but not limited to the following:

i. Unable to identify recipient due to full name or DOC

number not provided

ii. Package does not appear to be legal correspondence

iii. Unable to identify sender as an attorney, law firm,

legal services provider, court, or governmental office

2. Central Mail Distribution Center staff will conduct a

preliminary review to confirm the validity of the legal

correspondence prior to forwarding the incoming legal

correspondence to the screening area for inspection.

a. Central Mail Distribution Center staff must not open

legal correspondence under any circumstances.

b. Central Mail Distribution Center staff must not

reject or return the legal correspondence to the sender

without approval from the Central Mailroom

Distribution Supervisor.

c. When applicable, the reason for rejection, i.e.,

unable to verify law office, or attorney denies affiliation,

etc. must be provided unless doing so would

compromise an investigation.

3. After completing the preliminary review, Central Mail

Distribution Center staff must forward the legal

correspondence to the screening area before the legal

correspondence is returned to the sender.

C. Screening and Inspection (5-ACI-7D-08; 2-CO-5D-

01)

1. All unopened legal correspondence, accepted and

rejected, must be forwarded to the screening area where

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

(a) Legal documents must be searched, not

read, by the Corrections Officer

supervising the visit who will then hand the

documents to the inmate or

probationer/parolee.

(b) (b) Legal documents must in paper format,

no CD’s, DVD’s, flash drives, or other data

storage formats will be given to the inmate

or probationer/parolee.

f. All photographs and audio or video recordings

made at the facility in connection with a legal

visit must be requested in advance of the legal

visit and approved by the Facility Unit.

i. The attorney or attorney’s legal representative

is responsible to provide documentation of the

specific legal necessity to make a photograph,

audio, or video recording.

ii. This documentation must include the specific

court case or other legal authorization and attach

any Court Orders.

iii. The Facility Unit Head or their designee

may contact the Office of the Attorney General

for guidance in individual cases.

Minimum Standards For Jails And Lockups

(jails

and lockups)

6VAC15-40-1330. Attorney visits.

Written policy and procedures shall ensure that:

attorneys are permitted to have confidential visits

with detainees.

it will be screened by a Canine Detection team and

scanned using a security X-ray screening unit, ion

scanner or any other reliable detection equipment.

2. When the Canine Detection team, security X-ray

screening unit, ion scanner or other reliable detection

device indicates the presence of contraband, staff must

immediately notify the Central Mailroom Operating

Procedure 803.4, Central Mail Distribution Center

Effective Date: July 1, 2022 VIRGINIA

DEPARTMENT OF CORRECTIONS Distribution

Supervisor and secure the legal correspondence as

evidence; see Operating Procedure 030.1, Evidence

Collection and Preservation, for guidance on the

collection, documentation, control and preservation of

legal correspondence as evidence.

a. Staff will verify that the address is legitimate,

contact the law office to confirm the legal

correspondence with the attorney, and verify the

attorney’s bar number if provided on the outside of the

envelope; the results of verification must be documented

in the Central Mail Distribution Center’s electronic log

system.

b. Security staff will contact the facility and arrange

for a polycom using the telejustice system.

i. Staff will open the legal correspondence in the

presence of the inmate or CCAP probationer/parolee.

ii. Prior to opening the legal correspondence, security

staff will establish ownership from the inmate or

CCAP probationer/parolee and will record the event. c.

In the event a telejustice polycom in not feasible, staff

will notify the Special Operations Unit Drug Task

Force Team who will arrange for a drug task force

agent, Canine Officer, or Special Investigations Unit

(SIU) Special Agent to pick-up and hand deliver the

evidence to the inmate’s or CCAP

probationer’s/parolee’s assigned facility in order to

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

maintain the integrity of the chain of custody process.

d. When contraband is found, Central Mail

Distribution Center staff will provide written notification

of the rejected, nondelivered correspondence to the

sender using the Notice of Unauthorized

Correspondence 803_F2 with a copy provided to the

inmate or CCAP probationer/parolee unless doing so

would compromise an investigation. (5-ACI-7D-05; 4-

ACRS-6A-08)

e. Central Mail Distribution Center staff must not

reject legal correspondence without approval of the

Central Mailroom Distribution Supervisor.

3. When contraband is not detected, staff will forward

the unopened legal correspondence to the all-clear area

where the legal correspondence will be sent by USPS

priority express delivery to the appropriate facilities

daily for processing and delivery to the inmate or CCAP

probationer/parolee in accordance with Operating

Procedure 803.1, Inmate and Probationer/Parolee

Correspondence.

Minimum Standards For Jails And Lockups

(jails and

lockups)

6VAC15-40-640. General and legal correspondence.

All general correspondence may be opened, examined, and

censored by authorized personnel as per the USPS

Administrative Support Manual, Section 274.96. If

searched, all legal correspondence shall be opened in the

presence of the inmate.

Washington

Phone

Visitation

Mail

Regulations/Guidance

* Washington Department of

Corrections policies and

regulations apply to state

WAC 137-48-080 Telephone usage (state facilities)

(3) The superintendent shall promulgate written

regulations outlining the hours of telephone

availability, maximum length of calls (not less than

five minutes), limitations on telephone use, and

WAC 137-48-030 Inspection of Mail (state

facilities)

(3) Mail (incoming or outgoing) which is clearly

identified on the outside of the envelope as legal

mail, as defined in WAC 137-48-020, shall be

inspected only in the presence of the individual.

DOC 150.150 Visits and Tours of Department Facilities

and Offices (state facilities)

F. Professional visitor (eg attorney, clergy, social worker

not escorting a minor, victim advocate) visiting a

Department facility will be processed per local procedures

50 State Chart – Statutes, Regulations and Guidance Regarding Access to Counsel in Correctional Facilities

Prepared by Office of Policy and Legal Analysis. August 2022.

facilities. County and city

jails are locally managed.

provisions for monitoring, recording, and operator-

announced calls as provided for in RCW 9.73.095.

DOC 450.200 Telephone Use by Incarcerated

Individuals (state facilities)

E. Calls to the Office of Correctional Ombuds

(OCO), Attorneys, and Consular Officers

1, Calls on a telephone designated for incarcerated

individuals to clal their attorney or OCO will not be

intercepted, recorded, or monitored. This includes

calls placed on a TTY/TTD or VRS.

a. To ensure that cals from individuals are not

recorded, attorneys will provide their

teleohone number to the Chief of

Investigative Operations/designee, who will

verify the number with the applicable bar

association

b. Individuals may call their attorney ayt

another teleohone number, but those calls

may be recorded