Attorney Visitation

The Operations Division recognizes the importance of offenders being able to meet with their attorney. Therefore, each facility should develop filed memoranda to ensure the following:

• A confidential visitation area may be provided for offenders and their attorney or their agents.
• To the extent possible, based on staffing and facility design, facility heads will identify a visiting area that allows visiting room staff to observe attorney visits while allowing the offender and attorney/legal assistant the opportunity to conduct legal business where staff members cannot overhear or record the conversation.
• At first contact, visiting staff will provide attorneys, attorneys agents and court appointed professional experts with a copy of the Visiting Standard Operating Procedure (SOP) or with information on how to access the SOP via the internet.
• Attorney visits must be scheduled at least twenty-four (24) hours in advance. Normal attorney visiting times are between 8 a.m. and 4 p.m., Monday through Friday.
• An offender may take legal work to a visit with his/her attorney, but will not be allowed to return to his/her housing unit to obtain additional materials. These materials are subject to search in accordance with Departmental Policy and SOP.
• Attorneys may be verified using Tucker’s Legal Directory, by Bar Card, or by contacting the Idaho Bar Association.
• Attorneys must follow the same dress code as for other visitors.
• Visits with groups of offenders are only permitted after the Office of the Attorney General has verified class certification or co-parties.
• Attorney and attorney agent visits will be conducted in accordance with the custody level of the facility. Non-contact visiting might be used when staffing prevents contact visits.
• There will be no exchange of items between the attorney and offender without the specific authorization of the facility head or designee. Allowed items for attorneys and their agents beyond what is allowed for a regular visitor are: one (1) legal pad, one (1) black ink pen (stick not push), one (1) notary stamp, legal pleadings to be signed or reviewed, testing materials, authorized testing equipment. No items will be removed or left behind without prior written approval from the facility head or designee.
• If so ordered by a court with jurisdiction, professional experts may have contact visits with offenders. Court ordered professional experts can bring testing equipment and supplies that are specifically listed in the court order. At least forty-eight (48) hours before the testing, the expert must submit by e-mail or facsimile a list of the equipment, a description of how the offender will be in contact with the equipment, the purpose of the equipment and an estimate of the time needed for the procedure. All testing equipment and supplies will be searched upon entering and exiting the facility. The expert must briefly turn on and demonstrate all electronic equipment. If removal of restraints is necessary for the testing (Administrative Segregation) the expert must sign a waiver of liability before the restraints will be removed.

The facility head may require attorneys and their agents to complete a background check prior to being allowed access and may require an offender to sign a Statement of Attorney of Record Form, in order to ensure that the inmate wants to meet with the attorney. Attorneys who are not an attorney of record for an offender may visit with the offender up to three (3) times.