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HomeMy WebLinkAbout604.01.02.002 (ISCC FM) Attorney and Perfessional Individual Access to Inmates Ver 2 7-19 This document was approved by Jay Christensen, Warden of ISCC Purpose The purpose of this field memorandum is to provide specific guidelines that are unique to this facility in order to fully implement standard operating procedure 604.01.02.002. General Statement This field memorandum is subject to revision at the discretion of the warden of this facility, chief of the Operations Division (or designee), or director of the Idaho Department of Correction. Any one of these persons may revise, suspend, or rescind any procedural steps, at any time, at hissole discretion. TABLE OF CONTENTS1. Attorney visits12. Process for serving outside documents2References3 1. Attorney Visits Scheduling Appointments are scheduled by Visiting Sergeant or designee. AA1’s may assist in this as well. This officer of AA1’s will arrange and confirm all approved attorney visits by email. If an agent of the attorney such as an interpreter, paralegal, investigator, etc., is to accompany the attorney; that information shall be provided in writing on the attorney’s letterhead and signed by the attorney before the appointment is made. This letter may be emailed or faxed to the visiting officer who will then confirm the approved visit by email. The visiting officer will enter the next day’s attorney visits on the callout schedule. It is the offender’s responsibility to check this schedule and to arrive at the library at the appropriate time. Attorneys who wish to counsel their clients during parole hearings are required to make an appointment as specified above. Without such an appointment, attorneys are not permitted to speak to their clients outside of the ISCC courtroom during the parole hearing. If the visiting attorney is not already the attorney of record, the attorney may have up to three visits to determine if they will become the attorney of record. Of note, the agent of the attorney is not allowed visitation until after the attorney has become the attorney of record. Identification Verification It is the Lobby officer’s responsibility to verify the approved visitor’s credentials, picture ID, bar association card, etc. Allowable Articles The articles authorized to be brought into the institution are: Picture ID Bar association card Car keys One legal pad One black ink pen (Non Retractable) One Notary stamp Material relevant to the case Electronic devices with prior approval. The request must be made at the time of the request for visiting and forwarded to the visiting sergeant . The visiting sergeant will use his chain of command for approval for such devices. Pagers or cell phones should be left in the visitor’s car. At no time will they be permitted in the courtroom, attorney visiting rooms or within the secure perimeter of the facility. Nothing will be given to the offender or taken out of the institution without pre-authorization from the warden or designee. All items are subject to search. Legal papers will be searched and scanned for intended recipient but not read. Interpreters Interpreters are to be provided by the approved visitor. Dress Code Visitors are expected to dress in an appropriate manner and in compliance with the institutional visiting room policy. PROCESS FOR SERVING OUTSIDE DOCUMENTS Outside Process server must: Process servers and private individuals and agencies from outside the state will berequired to call ahead first and set up an appointment with the AA1legal assistant or otherdesignee such as the Technical Records Specialist (Records Clerk). (Idaho State law enforcement will not be required to schedule an appointment as a professional courtesy.) Provide name, phone number, address, etc. at the time the appointment is set. At appointment, process server will provide identification. Produce all documents to be served to legal assistant or designee for inspection (these are public record documents). Every effort must be made to ensure that documents to be served are legitimate and do not contain contraband or contain information that could potentially pose a security or safety risk. If process server is approved to enter into the facility (i.e. Immigration Services, Ada County sheriff, etc.) legal assistant or designee will supervise service. All servers stay in admin and are served through the visitation slider. All other process servers must serve the documents in the administration or visiting area. If necessary due to housing restrictions, Close Custody, PC or Segregation, a staff member can accept service and deliver to the inmate. Legal assistant or designee can provide immediate notary service, if needed. Every effort should be made to have the documents served by the process server during normal business hours when the paralegal and/or Technical Records Specialist (Records Clerk) is available to assist with this process. References SOP 604.01.02.002Attorney and Professional Individual Access to Inmates – End of Document –