Chapter 5 – Adult Custody and Security Operations

54020.32.1 Clearance and Approval for Attorney Visit

• An attorney or attorney representative seeking an in-person consultation with an inmate shall contact the institution/facility at which the inmate is housed. Such request(s) shall be in advance and can be made in person, in writing, by telephone, or facsimile directed to the staff designated in the institution/facility’s operational supplement to this Section.

• The following personal and professional information is required in writing for approval of the attorney’s request to visit:

  • Inmate’s name, CDCRCalifornia Department of Corrections and Rehabilitation number, and date of birth.

  • Proof of the attorney’s current registry, in good standing, with a state bar association and indication of the jurisdiction(s) licensed to practice law.

  • The attorney’s date of birth, mailing address, and valid driver’s license or state-issued identification card number.

• The requesting attorney must also report any prior felony convictions, explain any prior suspension or exclusion from a correctional facility, and declare one or more of the following:

  • They are the attorney of record either by appointment by the court, appointment by the Board of Parole Hearings, or at the inmate’s request.

  • They have been requested by a judge to interview a named inmate for purpose of possible appointment as counsel by the same court.

  • They are seeking to visit an inmate who may be a witness relevant to a legal matter.

  • They are seeking to interview an inmate at that inmate’s request for the purpose of possible representation.

  • They have been requested by a third party to consult with the inmate when the inmate cannot do so because of a medical condition, disability, or other circumstance.

• Any false statement or deliberate misrepresentation of facts specific to the information requested above shall be grounds for denying the request and/or cause for subsequent suspension or exclusion from all institutions/facilities administered by the Department.

  • The attorney or attorney representative must present a copy of the declaration to staff prior to each visit with the specified inmate. The original declaration shall be maintained on file at the institution where the inmate is housed.

  • Any written information required by CCRCalifornia Code of Regulations Subsection 3178(d) may be submitted by facsimile transmission.

• Processing of Attorney Visit Requests

  • Upon receipt of the written request and required information, a California Law Enforcement Telecommunications System (CLETSCalifornia Law Enforcement Telecommunications System) check through the Department of Justice and verification of the attorney’s credentials through the governing state bar association shall be conducted. The institution/facility conducting this background check shall subsequently maintain and update, as appropriate, all records relevant to processing such requests. Once the clearance and verification has been obtained, the attorney shall be contacted to schedule the initial visit. The attorney clearance shall be granted only for the institution/facility that conducted the clearance.

  • Attorneys and attorney representatives must report any change in personal or professional information, arrest history, and declarations in order to retain their approval/clearance, which shall otherwise be indefinitely valid throughout the inmate in question’s period of confinement at the institution/facility. Upon the inmate’s return to custody, a new visiting request and declaration shall be submitted.

  • Each institution/facility shall maintain a current list of all approved attorneys.

• Exceptional or Unscheduled interviews

  • Should an attorney believe information acquired in the course of a scheduled visit warrants immediate follow-up in the form of a separate interview with a different inmate, the opportunity for an exceptional or unscheduled interview with the other inmate may be requested at the conclusion of the visit in progress. Such requests shall be honored subject to reasonable operational limitations and upon completion of a declaration in accordance with the requirements of DOMDepartment Operations Manual 54020.31.1. If the request imposes an unreasonable burden on staffing or unduly disrupts an institution function, (i.e., interferes with count or feeding), it will be deemed unreasonable. Under such circumstances, the attorney shall be so informed and a visit with the inmate in question may be scheduled in accordance with the procedures set forth above.