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ATTORNEY E-130 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY EFFECTIVE DATE: 07-02-90 REVISED: 10-13-92, 06-04-95, 04-01-96, 03-01-97, 07-01-99, 11-01-02, 08-01-11, 07-01-18 AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: Penal Code Sections 825, 825.5; 4570, 4570.5, and 4575; California Code of Regulations, Title 15, Section 1068; Procunier v. Martinez, 416 U.S. 396 (1974); and Morris v. Superior Court(1983) 145 Cal. App. 3d 561. PURPOSE: The purpose of this policy is to ensure that all inmates are afforded access to the courts by providing them access to legal counsel via interviews with their attorneys and/or legal assistants. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division to provide all inmates the ability to consult with their attorneys and their authorized attorney representatives, utilizing only those restrictions necessary to ensure the security of the facility and the protection of staff, inmates, and the public. It is the policy of the Fresno County Sheriffs Office Jail Division that all inmates maintain their constitutional right of access to counsel. The Jail Division offers unmonitored telephone communications; free, unlimited and uncensored correspondence; and private consultation for this purpose. It is the policy of the Fresno County Sheriffs Office Jail Division that all persons applying for admittance into the Jail facilities for the purpose of assisting an attorney (i.e., law clerks, unlicensed investigators, certified law students, paralegals, defense experts and interpreters) shall for purposes of simplicity and clarity from this point forth be referred to simply as legal assistants. Page 1 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY PROCEDURES: I. ACCESS TO LEGAL COUNSEL A. Inmates have a right to access the courts and the judicial system. The Sheriff's Office protects the constitutional right to access counsel by offering unmonitored telephone communications; free, unlimited and uncensored correspondence; and personal/private consultation for this purpose. (Refer also to policies E-320/Inmate Telephone Access [FILE: TELEPHONE] and E-120/Inmate Correspondence [FILE: MAIL].) B. Conversations between inmates and their attorneys are considered privileged communications and will not be knowingly monitored or recorded without a warrant. Conversations between an inmate and an attorney or attorney representative shall not be listened to or monitored, with the exception of visual observation by staff as required for the safety and security of the facility. C. Any false statement or deliberate misrepresentation of facts specific to an attorney's official capacity, as well as any abuse of the privilege of private consultation with an inmate shall be grounds for denying a visitation request and/or cause for subsequent suspension or exclusion from the Fresno County Detention Facilities (refer to Section X). II. IDENTIFICATION A. Attorneys are required to present proof of active registry with the California State Bar Association each time they visit. (Exceptions apply only to Federal attorneys. Federal attorneys must be accredited with a state, which might not necessarily be California.) Additionally, all attorneys must provide photographic identification which shall be surrendered to the Lobby Officer and exchanged for a Visitor's Pass. The attorney's photo ID will be held at the Lobby until the Visitor's Pass is returned and the attorney exits the facility, at which time, the ID shall be used to provide positive identification by comparing the individual to the photo identification. 1. Any attorney who attempts to enter the Jail facility without a bar card should be advised that a replacement card is available by contacting the State Bar of California at (415) 538-2000. The Association advises that there is an approximate seven (7) day turn-around time for issuing a replacement card. Page 2 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY 2. Bar cards are renewed prior to March of each year. Therefore, bar cards issued in one year will be valid until March 1st of the following year. B. Persons who do not possess proper identification who insist upon being allowed entry shall be promptly referred to a Sergeant. If the Sergeant is not able to resolve the problem, a Watch Commander shall be notified for resolution of the situation. III. INTERVIEW REQUEST A. Attorney interviews for the purpose of a private consultation with an inmate are permitted between the hours of 0700 and 2030, seven days a week. Exceptions to the normal interview hours may be granted by the Watch Commander. B. Attorneys and legal assistants shall report to the Lobby area in the facility where the inmate is housed, complete an Inmate Interview Request form, and present it to the Lobby Officer. C. All interviews shall be on a first come, first serve basis. However, persons visiting inmates for professional reasons shall be given priority over members of the public who may be waiting. Professional visitors will be directed to form a line on the south side of the Lobby desk (the side nearest the inmate records hall in the Main Jail; the side nearest the public restrooms in the North Annex Jail). D. Once the Lobby Officer has completed the proper identification and verification of the interviewer, the officer will notify the inmate's housing floor via Offendertrak: 1. An ATTORNEY INTERVIEW event shall be initiated for all contact interviews scheduled between an inmate and an attorney (and/or the attorney's authorized legal assistant). [Miscellaneous—Scheduling—(new)—Type=Attorney Interview] 2. An INTERVIEW event shall be initiated for all non-contact (i.e., bondroom) interviews. [Miscellaneous—Scheduling—(new)—Type= Interview(Non-Contact)] 3. The full name and title of the interviewer(s) shall be noted in the DESCRIPTION field (e.g., "Attorney John Doe"or"Private Investigator Jane Smith with Interpreter Mike Brown"). Page 3 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY E. If the person requesting an interview does not have an official Jail-issued identification card, a Visitor's Pass will be exchanged for the individual's photographic identification card. The identification will be retained by the Lobby Officer until the Visitor's Pass is returned and their identification can be confirmed. Attorneys and legal assistants shall be advised that they are required to display the Visitor's Pass or their Jail-issued identification card at all times while in the facility. IV. SEARCH PROCEDURES A. All attorneys and legal assistants entering the facility security perimeter must clear the metal detector or they will not be permitted entrance into the facility. B. All personal property is subject to search. Personal items that do not clear the metal detector (e.g., purses, briefcases, and packages) shall be subjected to a thorough visual search for contraband before being allowed to be brought into the facility. C. Laptop computers and other electronic devices shall be searched prior to entry. Refusal to permit search of the device or equipment shall be grounds for denial of device/equipment access. D. Unauthorized items that do not clear the metal detector, as well as items not permitted inside the Jail facilities, may be returned to the visitor's vehicle, or stored in the Jail lockers at the visitor's own expense. Visitors have the option to store the items rather than submitting those items to a search. E. Attorneys and legal assistants may be subject to inspection and search of their person and possessions at any time while they are in the facilitywhen there is a valid security reason for the search. V. ATTORNEY VISITATIONS AND CONSULTATION A. More than one attorney and/or legal assistant may interview in private consultation with an inmate at the same time. B. Attorneys and legal assistants are permitted to interview new arrestees who have not yet reached a housing area in a non-contact area after the booking process has been completed. Page 4 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY C. Whenever there is a delay in producing an inmate for an attorney interview (e.g., the inmate is out of their cell at another event), that fact will be communicated to the interviewer who is waiting. D. If an inmate refuses an attorney visit, the security officer shall notify the attorney and document the refusal on the applicable Offendertrak event screen. E. Upon completion of an interview, the attorney is responsible to inform staff that the interview has been concluded. VI. CONTACT and NON-CONTACT VISITS A. Attorneys are normally afforded contact visits with their clients. With the exception of the South Annex Jail, the visits are conducted in the Attorney Interview rooms located on the same floor as the inmate's assigned housing unit. Visits in the South Annex Jail are conducted in the Attorney Interview rooms located on the 1st floor. B. Paralegals and licensed private investigators will be permitted contact interviews after a background screening has been completed. If approved, they will be issued a BLUE visitor's Jail identification card. C. All other legal assistants (e.g., law students, interpreters, clerks, unlicensed investigators) will be permitted contact interviews with inmates after background screening and when accompanying another person who has inmate contact clearance. When not accompanied by another person who has contact clearance, these persons will be restricted to interviewing inmates in non-contact interview areas. These persons will be issued a YELLOW Jail identification card. D. Defense experts who are covered under PC 825.5 are allowed contact interviews (i.e., physicians and surgeons, including psychiatrists, licensed to practice in the state of California or psychologists licensed to practice in the state of California who hold a doctoral degree and have at least two(2) years of experience in the diagnosis and treatment of emotional and mental disorders). E. Defense experts who are not covered by PC 825.5 may be restricted to non-contact interviews unless accompanied by an attorney who remains present with the inmate and the defense expert during the entire interview. Exceptions apply only with the prior approval of the Jail Operations Bureau Page 5 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY Commander and only in those cases when physical contact is necessary for the defense expert to complete their duties (e.g., polygraph experts or medical personnel for the purposes of taking blood samples). VI I. DESIGNATION OF LEGAL ASSISTANTS A. For purpose of this policy, "legal assistants"shall be the term applied to all persons employed by an attorney or law firm used to assist in an inmate's legal defense (the category of which shall include: law clerks, unlicensed investigators, certified law students, paralegals, defense experts and interpreters). B. Attorneys may designate no more than three (3) legal assistants to receive Jail clearance for the purpose of interviewing inmates and/or witnesses on their behalf. C. With the exception of defense experts, all persons designated by an attorney to act as their legal assistant must- 1. Be employed full-time by the attorney or law firm. Interpreters maybe employed by an interpreter service or the courts. 2. Complete a Jail clearance application and background screening process. (Refer to policy D-205/Facility Access: Criteria, Identification and Restrictions [FILE: INMATE ACCESS].) 3. Provide a letter from their employer (to be submitted with their application). a. Law clerks, unlicensed investigators, certified law students and paralegals must submit a letter from the office of the attorney(s) they represent. The letter shall indicate the applicant's name, position, and include confirmation of their full-time employment by the attorney or law firm, as well as any certifications required. b. Interpreters must submit a letter from either the office of the attorney, court, law firm, or interpreter service that they represent indicating their full-time employment as an interpreter. D. When a Defense Expert needs consultation accommodations in order to assist in the preparation of an inmate's legal defense, the inmate's attorney needs to contact the Watch Commander in advance by letter. The letter must note the date and time of the requested visit(s). If applicable, documents in support of the claim that the defense expert is Page 6 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY covered by the regulations of PC 825.5 shall be included with the letter. A copy of the expert's license or license number shall suffice as proof of licensure. The letter should reach the Watch Commander sufficiently in advance of the desired date to permit scheduling of available staff and facilities for the consultation. One week advance notice is desired. The Watch Commander shall ensure that the special request is entered in Offendertrak. (Refer to Addendum A.) 1. Defense experts covered under PC 825.5 requiring multiple interviews (more than two) may, at the discretion of the Jail Operations Bureau Commander, be subjected to an investigation of their criminal history and personal background. (Refer to policy D-205/Facility Access: Criteria, Identification and Restrictions [FILE: INMATE ACCESS].) This process requires the individual to complete and submit a written application and agree to have their fingerprints taken. 2. The licenses of physicians, psychiatrists and psychologists can be verified through the Verification Unit of the Medical Board of California during normal business hours at (916) 263-2382 or (800) 633-2322. E. Attorneys who utilize legal assistants for interviews shall be held accountable for the actions of those individuals while they are within the facility. If those individuals violate any facility rule, interview privileges for that individual may be revoked, along with the attorney's future right to appoint representatives to work in the facility. F. When a legal assistant is no longer in the employ of an attorney or law firm, the attorney(s) must advise the Jail Operations Bureau Commander in writing of the change in employment, and return the legal assistant's Jail-issued identification card to the office assistant assigned to process identification cards. Attorneys who fail to do so may have their privilege of assigning legal assistants curtailed or revoked. Vill. EXCHANGE OF ITEMS DURING INTERVIEWS A. Attorneys and legal assistants are not to leave anything other than legal material with an inmate. They shall not bring or take personal mail and/or written messages into or out of any Jail facility. Other items that are considered to be contraband include, but are not limited to: ink pens, felt markers, magazines, books, any metal object, food items, cigarettes, matches, lighters or anything which in the opinion of staff, may jeopardize the security of the facility. Page 7 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY B. Any and all items, including written or printed legal material, that an inmate and an attorney or legal assistant wish to exchange during the interview must first be presented to correctional staff. C. After proper inspection, written or printed legal material may be exchanged. The attorney or legal assistant may retain and take from the interview area and from the facility any written or printed legal material given to them by the inmate. D. The inmate may retain and take from the interview area any written or printed legal material given to them by the attorney or legal assistant, providing the inmate consents to the examination of the material by a correctional officer. E. The purpose of these inspections is to ensure that contraband items are not enclosed or that the material itself does not constitute contraband. 1. Inspecting correctional staff shall not read written or printed material for content without the expressed consent of the inmate, attorney, or legal assistant. However, staff members may scan the material to determine if it constitutes contraband. 2. The correctional officer shall keep any material they read confidential unless ordered to reveal the contents of the material by the Superior Court. 3. If the correctional officer conducting the search has reasonable suspicion to believe that the material presents a threat to the security of the facility, a Sergeant shall be notified immediately for further evaluation. F. If the inmate does not consent to an inspection of the contents of a document given to the inmate by the attorney or legal assistant, it shall be returned to the attorney/legal assistant. G. Non-contact interviewers who require an inmate's signature on legal material are encouraged to utilize the U.S. Postal Service or the inmate's attorney for such purposes. Exceptions may be made only with the prior approval of the Watch Commander. All legal materials passed in such a manner are subject to a search for contraband by correctional officers. Page 8 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY IX. ELECTRONIC DEVICES A. Attorneys and legal assistants may bring their cell phones into the Jail, however, the phones are not to be used in any capacity within the secured areas of the facility. This includes, but is not limited to: receiving or placing phone calls, text messaging, surfing the Internet, taking photos, making audio or video recordings, receiving or responding to email, playing electronic games, watching TV or videos, and listening to music. B. Laptop computers and other electronic devices (e.g., tablets)may be used to make audio recordings, take notes, and access case-related material only. Attorneys and legal assistants must notify staff that they possess and intend to use such items during the interview. C. Peripheral devices (e.g., speakers, printer, etc.) and video recording equipment require prior approval by the Watch Commander. D. All electronic devices and equipment shall be searched prior to entry. Refusal to permit search of the device/equipment shall be grounds for denial of device/equipment access. E. Inmate access and use of any cell phone or electronic device is strictly prohibited. X. AUDIO and VIDEO RECORDING INMATE CLIENTS A. Audio recording of authorized interviews by attorneys and legal assistants is permitted with the inmate's consent. Prior approval by the Watch Commander is not required provided the recording equipment can be thoroughly inspected by correctional staff before entry into the institution. NOTE: Cell phones are not to be used for recording purposes. B. Video recordings along with still and/or moving pictures of authorized interviews with inmates shall ONLY be utilized as criminal investigative tools and are permitted with the prior approval of the Watch Commander, and with the inmate's consent. 1. Equipment must be provided by the interviewer and is subject to inspection by correctional officers. Page 9 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY 2. Refusal to permit search of the equipment shall be grounds for denial of equipment access. 3. Only attorneys and their representatives are permitted to use the equipment. Inmates and Sheriff employees are prohibited from operating the equipment. 4. The Watch Commander shall ensure that the special request is entered into the Offendertrak system. (Refer to Addendum A.) C. If an attorney requests to have an inmate view a video recording pertinent to the inmate's defense, they may do so with the prior approval of the Watch Commander. XI. EX PARTE COURT ORDERS When any attorney or other individual presents a court order to any correctional officer which orders someone access into any Jail facility, and there is no prior Watch Commander or Commander approval for their admittance, the correctional officer will advise the individual that there is a standing order not to follow such orders, on the advice of County Counsel. The staff member shall contact the Watch Commander for direction. XII. RULES FOR ATTORNEYS AND LEGAL ASSISTANTS A. A handbook entitled "Attorney & Legal Assistant Guide to Entering the Detention Facilities,Rules, Regulations &Procedures"which summarizes this policy, will be made available for distribution at all Lobby desks. B. Any violation of the following rules may subject the interviewer's access to be immediately terminated and their future access to the facility restricted based on the circumstances. Those who have been disqualified shall only be allowed the privilege of interviews within the facility with the priorwritten approval of the Jail Operations Bureau Commander. 1. Interviews with inmates must be for legitimate legal purposes. Attorneys and legal assistants who have a pre-existing relationship with an inmate are required to utilize the Jail Division's visiting process in order to contact the inmate.Attorneys and legal assistants shall not utilize their access privileges to the Jail for the purpose of contacting relatives and/or personal acquaintances. Page 10 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY 2. Attorneys and legal assistants are prohibited from interviewing or communicating with inmates other than those indicated at the time of registration. 3. Attorneys and legal assistants must be dressed appropriately. Visitation will not be permitted if the attorney or legal assistant is dressed in a manner that violates the visitor's dress code. (Refer to Addendum B.) 4. Cell phones are not to be used within the secure areas of the facility. 5. Attorneys and legal assistants may utilize laptop computers and other electronic devices (e.g., tablets)to make audio recordings,take notes, and access case-related material only. Inmate access and personal use is strictly prohibited. Peripheral devices (e.g., speakers, printer, etc.) and video recording equipment require prior approval of the Watch Commander. 6. Unnecessary physical contact with inmates is prohibited. Attorneys and legal assistants may offer a handshake as a way of greeting or saying goodbye to an inmate, but shall refrain from kissing, hugging, holding hands, etc. 7. Attorneys and legal assistants are restricted to those areas of the facility necessary to complete their interviews. 8. Attorneys and legal assistants are required to follow the directions of correctional officers at all times. 9. Attorneys and legal assistants must show respect to all staff members. 10. Attorneys and legal assistants shall not provide inmates with anything other than written or printed legal material which has been previously presented to correctional staff for inspection. 11. Legal assistants are responsible for the proper care and retention of their Jail-issued identification cards. They shall not be altered in any way. The loss of a card shall be immediately reported to the Jail Operations Bureau Commander. 12. Attorneys and legal assistants shall not damage or remove any County property from the facility. Page 11 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY 13. Attorneys and legal assistants shall not institute, aid or encourage any violation of law or facility rules by inmates or others who enter the facility. 14. Attorneys and legal assistants shall not solicit money or favors from correctional officers or inmates. 15. Attorneys and legal assistants shall not aid in the escape or attempted escape of any inmate from custody. 16. Attorneys and legal assistants shall not provide weapons or information concerning weapons to inmates. 17. Attorneys and legal assistants shall not solicit business or advertise their services within the facility except as allowed by law or regulation. 18. Attorneys and legal assistants shall not engage in any activity considered to be a threat to staff, inmate, or public safety or institutional security. 19. Attorneys and legal assistants under the influence of alcoholic beverages, narcotics or other drugs, or exhibiting irrational behavior for any reason will not be allowed to visit or remain on County property. XIII. ABUSE OF RULES LEADING TO EXCLUSION A. All persons covered by this policy are subject to having their access to the Jail facilities revoked or restricted based upon the results of their background investigation or for violating any Jail rule or regulation. B. When a Jail Division staff member has reasonable suspicion to believe that an interviewer has violated any rules of the institution, they shall bring it to the attention of a Sergeant. C. The Sergeant may meet with the observing Jail Division staff member and the interviewer to determine the accuracy of the allegation and refer their findings to the Watch Commander. D. The Watch Commander is authorized to require proof that the inmate and attorney are involved in active litigation or have a legitimate legal reason for contact when there is reason to believe the attorney is abusing the privilege of private consultation with the inmate. Page 12 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY 1. The Watch Commander may initiate an investigation of the facts and circumstances of the situation. If the Watch Commander finds sufficient cause to sustain the allegation, the attorney and/or legal assistant may be temporarily barred from access to the facility. The Watch Commander may order a temporary exclusion pending investigation or verification of information leading to such conclusion and/or pending an appeals process initiated by the attorney. 2. The Watch Commander should not query as to the subject matter of the lawsuit or interview. 3. The Watch Commander shall prepare a written report of the incident and the reasons for the allegation and forward a copy to the Jail Operations Bureau Commander. E. The Jail Operations Bureau Commander may take administrative action to restrict the attorney and/or legal assistant interviews. 1. The term exclusion as used in this section describes an administrative action by the Jail Operations Bureau Commander to bar, for cause, a person from entering a facility of the Sheriff's Office, when in the normal conduct of business, that person would otherwise be permitted to enter. 2. An order for exclusion from an institution or other facilities of the Sheriff's Office shall be based upon a determination by the Jail Operations Bureau Commander that an individual's presence in the facility will present a serious threat to security; the individual has been charged with a serious crime or is under investigation for a serious crime committed on facility property; or the individual's business purpose for entering the institution is no longer valid or has been lawfully terminated. F. The accused interviewer shall have five (5) days to respond, in writing, to the Jail Operations Bureau Commander. The Bureau Commander shall reply within five (5)working days to either affirm or reject the finding of the rule violation. In reviewing the allegation and response, the Bureau Commander may conduct their own investigation. G. The right to appeal and the rules to be applied are delineated in policy D- 205/Facility Access: Criteria, Identification and Restrictions [FILE: INMATE ACCESS]. Page 13 of 13 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: ATTORNEY AND LEGAL ASSISTANT INTERVIEWS NO: E-130 FILE: ATTORNEY Page 14 of 13