department regulation no. c-01-004 attorney visits orientation for attorney staff: paralegals, legal...
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Department Regulation No. C-01-004Department Regulation No. C-01-004
Attorney VisitsAttorney Visits
Orientation for Attorney Staff: Orientation for Attorney Staff: Paralegals, Legal Assistants, Paralegals, Legal Assistants, Law Clerks, and InvestigatorsLaw Clerks, and Investigators
It is required that designated/approved legal representatives read and It is required that designated/approved legal representatives read and understand Department Regulation C-01-004 regarding visitations at understand Department Regulation C-01-004 regarding visitations at state prison facilities in its entirety along with the completion of this state prison facilities in its entirety along with the completion of this training module prior to approval of a visiting request at any state training module prior to approval of a visiting request at any state facility.facility.
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Learner ObjectivesLearner Objectives
1.1. Understand the process for requesting to Understand the process for requesting to visit an offender as a representative of visit an offender as a representative of his/her attorney.his/her attorney.
2.2. Understand the procedures and guidelines Understand the procedures and guidelines for approved visits.for approved visits.
3.3. Be aware of rules and visitor responsibilities Be aware of rules and visitor responsibilities regarding visits to correctional facilities.regarding visits to correctional facilities.
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Department Regulation #C-01-004Department Regulation #C-01-004
Attorney Staff
Sets Procedures
Establishes Credentials
Establishes Discretionary Powers
Lists Affidavit and Informational Requirements
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Dept. Regulation C-01-004 Dept. Regulation C-01-004 Procedures- 2010Procedures- 2010
A.A. Criteria for Approval of Legal Criteria for Approval of Legal Representatives: Representatives:
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Criteria for Approval of Authorized Criteria for Approval of Authorized Representatives:Representatives:
Can NOT be on visiting listCan NOT be on visiting list
(exception for immediate family members)(exception for immediate family members)
A paralegal or paralegal assistant A paralegal or paralegal assistant must have must have completed an accredited completed an accredited study programstudy program
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Criteria to be met by the Criteria to be met by the employing attorney:employing attorney:
The employing The employing attorney attorney submits an submits an affidavit. affidavit. (Form C-01-004-A)(Form C-01-004-A)
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Affidavit Form C-01-004-AAffidavit Form C-01-004-A
Must contain the following:Must contain the following:
a.a. Individual’s name, Individual’s name,
b.b. Social security number and Social security number and
c.c. Date of BirthDate of Birth
d.d. Duration of employment or supervisionDuration of employment or supervision
e.e. A copy of their certification or licenseA copy of their certification or license
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Important to Note!Important to Note!
Representatives of attorneys who seek Representatives of attorneys who seek authorization to visit a client on behalf of authorization to visit a client on behalf of their supervising attorney, but do not their supervising attorney, but do not possess a certificate and/or license shall possess a certificate and/or license shall not be authorized or approved except by not be authorized or approved except by special permission from the Warden of the special permission from the Warden of the institution. institution.
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Schedule visits with the institution at Schedule visits with the institution at least 24 hours in advanceleast 24 hours in advance
Scheduling a VisitScheduling a Visit
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Time of VisitsTime of Visits
8:00 AM to 4:00 PM Monday through Friday8:00 AM to 4:00 PM Monday through Friday
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Limitations of VisitsLimitations of Visits
Offenders at one TIME
Legal Representatives in one day`
Offenders in one DAY
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Dept. Regulation C-01-004 Dept. Regulation C-01-004 General Procedures - 2010General Procedures - 2010
Training or orientation prior to first visit;Training or orientation prior to first visit;
Offenders may refuse attorney visits;Offenders may refuse attorney visits;
Visits observed, conversations not monitored;Visits observed, conversations not monitored;
Death row offenders may have non-contact visits as Death row offenders may have non-contact visits as Warden’s discretion;Warden’s discretion;
Subject to search procedures as are all visitors.Subject to search procedures as are all visitors.
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Exceptions:Exceptions:
1.1. Improper acts or unethical behavior Improper acts or unethical behavior can result in immediate termination of can result in immediate termination of a visit and being denied future visit a visit and being denied future visit requests.requests.
2.2. DOC Reg. #C-01-004 does not apply to DOC Reg. #C-01-004 does not apply to attorneys representing the State, the attorneys representing the State, the Department or the institution.Department or the institution.
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General Rules and Visitor General Rules and Visitor ResponsibilitiesResponsibilities
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General Facility RulesGeneral Facility Rules
Contraband:
The Forbidden Fruit
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SearchesSearches
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More RulesMore Rules
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RulesRules
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PREAPREA
The Act provides for prevention, The Act provides for prevention, investigation, prosecution, and elimination investigation, prosecution, and elimination of prison rape and sexual misconduct in all of prison rape and sexual misconduct in all correctional environments.correctional environments.The Department adheres to a strict “Zero The Department adheres to a strict “Zero Tolerance” of any and all sexual Tolerance” of any and all sexual misconduct or harassment.misconduct or harassment.Violators will be arrested and subject to Violators will be arrested and subject to prosecution.prosecution.
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SummarySummary
These policies are to protect you as well These policies are to protect you as well as the offendersas the offenders
Legal representatives must agree to these Legal representatives must agree to these policies and procedures PRIOR to any policies and procedures PRIOR to any legal services renderedlegal services rendered
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Steps to Printing the CertificateSteps to Printing the Certificate
The Next Slide you come to will be your The Next Slide you come to will be your Certificate of CompletionCertificate of Completion
Double click on the slide and enter your Double click on the slide and enter your name (Under Participant’s Name)name (Under Participant’s Name)– Then enter the name of the firm you representThen enter the name of the firm you represent– Click the button at the top right of the slide, Click the button at the top right of the slide,
“Print Form” to print your certificate“Print Form” to print your certificate
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ReferencesReferencesACA Standards 4-4275 and 4-500ACA Standards 4-4275 and 4-500
(Adult Correctional Institutions)(Adult Correctional Institutions)
Department Regulation No. C-02-008,Department Regulation No. C-02-008,
“ “Offender Visitation,” and Offender Visitation,” and No. C-01-004No. C-01-004, “Attorney , “Attorney Visits,” No. C-02-005 , “Searches”Visits,” No. C-02-005 , “Searches”
Louisiana Register – 2010Louisiana Register – 2010
Authority: Secretary of the Department of Public Authority: Secretary of the Department of Public Safety and Corrections as contained in Chapter 9 Safety and Corrections as contained in Chapter 9 of Title 36of Title 36