department regulation no. c-01-004 attorney visits orientation for attorney staff: paralegals, legal...

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

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Page 1: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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.

Page 2: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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.

Page 3: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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

Page 4: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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:

Page 5: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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

Page 6: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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)

Page 7: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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

Page 8: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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.

Page 9: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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

Page 10: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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

Page 11: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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Limitations of VisitsLimitations of Visits

Offenders at one TIME

Legal Representatives in one day`

Offenders in one DAY

Page 12: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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.

Page 13: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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.

Page 14: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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General Rules and Visitor General Rules and Visitor ResponsibilitiesResponsibilities

Page 15: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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General Facility RulesGeneral Facility Rules

Contraband:

The Forbidden Fruit

Page 16: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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SearchesSearches

Page 17: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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More RulesMore Rules

Page 18: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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RulesRules

Page 19: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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.

Page 20: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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

Page 21: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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

Page 22: Department Regulation No. C-01-004 Attorney Visits Orientation for Attorney Staff: Paralegals, Legal Assistants, Law Clerks, and Investigators It is required

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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