Chapter 5 – Adult Custody and Security Operations

54020.32.3 Attorney Visiting Hours

• Attorney visits shall normally be accommodated and/or scheduled during the institution/facility’s established regularly scheduled visiting hours and days.

• When regular visiting is scheduled on both weekdays and weekends, the scheduling preference will be weekdays because of the personnel and resources needed for the greater volume of weekend visits by friends and relatives.

• When an institution/facility regular visiting schedule provides for inmate visitation only on weekends, an attorney visit shall be scheduled as specified below upon request of the attorney or designated attorney representative. Upon authorization of the attorney visit, the visit shall be scheduled during weekday business hours.

• With the exception noted below, attorneys or attorney representatives who have not been previously approved to visit should provide the institution in writing with the information required by DOMDepartment Operations Manual 54020.32.1 no less than five business days in advance of the desired date of the visit.

• This advance verification is necessary in order to conduct clearance checks, verifications, and to permit scheduling of available staff and facilities.

• If the clearance cannot be obtained and approved prior to the requested visit date, the attorney or attorney representative shall be contacted and informed of the reasons for the delay.

• Attorneys with a compelling need to visit an inmate during other than the established visiting hours shall submit a request to the institution head or designee.

  • Written verification of a Board of Parole Hearings hearing or consultation, scheduled evidentiary hearings, and trial or court filings that are within 30 days from the date of the visit are examples of acceptably documented compelling or emergency need for the attorney visit.

• Attorneys previously approved to visit at the institution/facility shall request private consultations no less than two business days in advance.

  • Two business days written, faxed, or phoned notices to schedule an attorney visit are particularly appropriate for attorney visits during regularly scheduled visiting days, or when scheduling an attorney visit during a normal weekday at an institution that only provides for regular visiting during the weekend, or to schedule an attorney visit on a non scheduled visiting weekday because of scheduling conflicts or other declared need.

  • When a previously approved attorney or attorney representative is unable to provide the two business days notice due to a scheduling conflict or for some other declared need, the institution head or designee may authorize a visit with 24-hour notice so long as the visit does not interfere with the safety and security of the institution/facility and as necessary to accommodate the attorney visit on a non scheduled visiting day.

  • Under extraordinary circumstances, attorneys who have not been previously approved to visit and are unable to provide the required information within five business days may be authorized by the institution head or designee to visit with no less than **24-hour notice so long as the visit does not interfere with the safety and security of the institution.