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Department Regulation No. C-01-004 Attorney Visits

Department Regulation No. C-01-004 Attorney Visits. Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators

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Department Regulation No. C-01-004 Attorney Visits

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  1. Department Regulation No. C-01-004Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required that designated/approved legal representatives read and understand Department Regulation C-01-004 regarding visitations at state prison facilities in its entirety along with the completion of this training module prior to approval of a visiting request at any state facility.

  2. Learner Objectives • Understand the process for requesting to visit an offender as a representative of his/her attorney. • Understand the procedures and guidelines for approved visits. • Be aware of rules and visitor responsibilities regarding visits to correctional facilities.

  3. Department Regulation #C-01-004 Attorney Staff Sets Procedures Establishes Credentials Establishes Discretionary Powers Lists Affidavit and Informational Requirements

  4. Dept. Regulation C-01-004 Procedures- 2010 • Criteria for Approval of Legal Representatives:

  5. Criteria for Approval of Authorized Representatives: • Can NOT be on visiting list (exception for immediate family members) • A paralegal or paralegal assistant must have completed an accredited study program

  6. Criteria to be met by the employing attorney: • The employing attorney submits an affidavit. (Form C-01-004-A)

  7. Affidavit Form C-01-004-A Must contain the following: • Individual’s name, • Social security number and • Date of Birth • Duration of employment or supervision • A copy of their certification or license

  8. Important to Note! • Representatives of attorneys who seek authorization to visit a client on behalf of their supervising attorney, but do not possess a certificate and/or license shall not be authorized or approved except by special permission from the Warden of the institution.

  9. Scheduling a Visit Schedule visits with the institution at least 24 hours in advance

  10. Time of Visits 8:00 AM to 4:00 PM Monday through Friday

  11. Limitations of Visits Offenders at one TIME Offenders in one DAY Legal Representatives in one day`

  12. Dept. Regulation C-01-004 General Procedures - 2010 Training or orientation prior to first visit; Offenders may refuse attorney visits; Visits observed, conversations not monitored; Death row offenders may have non-contact visits as Warden’s discretion; Subject to search procedures as are all visitors.

  13. Exceptions: • Improper acts or unethical behavior can result in immediate termination of a visit and being denied future visit requests. • DOC Reg. #C-01-004 does not apply to attorneys representing the State, the Department or the institution.

  14. General Rules and Visitor Responsibilities

  15. General Facility Rules Contraband: The Forbidden Fruit

  16. Searches

  17. More Rules Entry Denied

  18. Rules

  19. PREA • The Act provides for prevention, investigation, prosecution, and elimination of prison rape and sexual misconduct in all correctional environments. • The Department adheres to a strict “Zero Tolerance” of any and all sexual misconduct or harassment. • Violators will be arrested and subject to prosecution.

  20. Summary • These policies are to protect you as well as the offenders • Legal representatives must agree to these policies and procedures PRIOR to any legal services rendered

  21. Steps to Printing the Certificate • The Next Slide you come to will be your Certificate of Completion • Double click on the slide and enter your name (Under Participant’s Name) • Then enter the name of the firm you represent • Click the button at the top right of the slide, “Print Form” to print your certificate

  22. References • ACA Standards 4-4275 and 4-500 (Adult Correctional Institutions) • Department Regulation No. C-02-008, “Offender Visitation,” and No. C-01-004, “Attorney Visits,” No. C-02-005 , “Searches” • Louisiana Register – 2010 Authority: Secretary of the Department of Public Safety and Corrections as contained in Chapter 9 of Title 36

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