Chapter 5 – Adult Custody and Security Operations

54020.32.8 Exchange of Confidential Material

• All items, documents, and case related materials conveyed into the confidential consultation area shall be inspected. The purpose of the inspection is to ensure the contents pose no threat to the safety or security of the institution/facility, including the introduction of unauthorized drugs, controlled substances, and/or contraband as defined in CCRCalifornia Code of Regulations Section 3006.

• Staff may open and inspect, but shall not read any part of a legal written or printed document without the express consent of the inmate, attorney, or attorney representative.

• All legal documents or associated case related materials the attorney or attorney representative provides or receives from the inmate are deemed necessary for the furtherance of a legitimate legal process, proceeding, or action. Therefore, the exchange of any other item or document can result in restriction, suspension, and/or exclusion of the attorney’s visiting privileges on a departmentwide basis in accordance with CCRCalifornia Code of Regulations Section 3178(s).

• After proper inspection, written and printed material may be exchanged. The attorney or attorney representative may retain, and take from the visiting area and institution/facility, any legal document or case related material given to him or her by the inmate and not otherwise prohibited by law or regulations. After inspection, inmates may retain and take from the visiting area any legal documents and case related materials not otherwise prohibited by law or these regulations and given to them by the attorney or attorney representative.

• Staff shall limit inspection(s) to the extent minimally necessary to ensure that the contents pose no threat to the security or safety of the institution/facility.

• Legal documents or case related materials refused by an inmate shall be returned to the attorney or attorney representative in person or by mail.