ATTORNEY & LEGAL ASSISTANT GUIDE TO ENTERING THE DETENTION FACILITIES

The Fresno County Sheriff’s Office provides for confidential visits by attorneys and legal assistants for all incarcerated persons, utilizing only those restrictions necessary to ensure the security of the facility and the protection of staff, incarcerated persons and the public.

Please be aware that all briefcases and parcels entering the facility are subject to search by Jail staff.

The following information has been compiled by the Sheriff’s Office Jail Division to answer questions and explain the rules, regulations and procedures as they affect your entry into the facility:

AUDIO RECORDINGS

Audio recording of authorized interviews by attorneys and legal assistants is permitted with the incarcerated person'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.

CELLULAR TELEPHONES

Attorneys and legal assistants may not use their cellular telephones or other personal electronic devices within the secure areas of the facility, nor allow incarcerated persons to use them.

CONTACT v NON-CONTACT VISITS

Attorneys are normally allowed contact visits with their clients. In order to interview an incarcerated person, the attorney need only provide positive proof of identity and current active registry with the California State Bar Association. (Exceptions apply only to Federal attorneys. Federal attorneys must be accredited with a state, which might not necessarily be California.)

Licensed Private Investigators and paralegals 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, which they will be required to wear in a conspicuous place while in the facility.

All other legal assistants will be permitted contact interviews with incarcerated persons after background screening and when accompanying another person with incarcerated person contact clearance. When not accompanied by another person who has contact clearance, these persons will be restricted to interviewing incarcerated persons in non-contact interview areas. These persons will be issued a YELLOW jail visitor’s identification card and will be required to wear it in a conspicuous place while in the facility.

CONTRABAND

Contraband is considered to be anything not issued or allowed into the jail facility by staff; anything not allowed inside of the facility by law; or any Jail-issued items constructed, modified or altered for use, with the intention of using the item in a manner that was not originally intended; or any item in excess of authorized amount.

Attorneys and legal assistants are not allowed to leave anything other than legal material with an incarcerated person. Items that are considered to be contraband include, but are not limited to: ink pens, felt markers, paperclips, 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.

Any and all items (including written and 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.

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 Bureau 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.

COURT ORDERS - EX PARTE COURT ORDERS

It is the policy of the Fresno County Sheriff's Office Jail Division to ignore all ex parte court orders which allow individuals additional or specialized privileges. The Sheriff’s Office will request County Counsel to make a formal motion to vacate such orders, whenever issued.

Ex parte orders are considered illegal and the Jail will not follow any ex parte court orders which involve the granting of an inmate in custody special or additional privileges, as per County Counsel opinion.

CRITERIA FOR ADMISSION INTO THE FACILITY

Attorneys shall be permitted contact interviews without being subjected to the background screening process. All legal assistants seeking approval for admission shall complete an Application for Authorization to Enter the Fresno County Detention Facility form. The application form requires personal information, job duties, the reason jail clearance is necessary, and an acknowledgement that they agree to an investigation into their background. Additionally:

• Law clerks, unlicensed investigators, certified law students and paralegals are required to produce a letter from the office of the attorney(s) they represent indicating their full time employment by that firm.
• Interpreters are required to produce a letter from either the office of the attorney, law firm, court, or interpreter service that they represent indicating their full time employment as an interpreter.
• See separate listing under DEFENSE EXPERTS for the required documentation necessary to permit a defense expert admittance into the facility.

All applicants shall be approved prior to their entrance into the facility and may not be approved under any of the following circumstances:

• If they have been convicted of a felony, or any crime involving moral turpitude, or carrying or possessing a dangerous weapon.
• If they have ever been charged with a felony or are under investigation for a felony.
• If they are charged with, or convicted of, any crime committed in, or at, a correctional institution.
• If they are currently on parole or probation or are a sentenced inmate at any correctional facility.
• If they have been refused a license as a private investigator, or had such license revoked.
• If, in their application, they have fraudulently represented themselves, their credentials, their employment or their criminal or arrest record.
• If they have made omissions or false statements on their application for admission.
• If they have no valid business for entering the facility.
• If their admission represents a threat to institutional security and/or staff or inmate safety.

The criminal background investigation takes approximately two (2) weeks, unless a 30-day Delay Notification is issued by Sacramento. Temporary clearances are not granted.

Any person (including any attorney, peace officer, or probation officer) who is approved to conduct contact interviews with incarcerated persons and who is later found not to meet the criteria for admission is subject to having their interview privileges with inmates restricted or revoked by the Jail Operations Bureau Commander.

The appeals process available to persons who have had their access revoked or restricted is described under EXCLUSION APPEAL PROCESS.

DEFENSE EXPERTS

When consultation accommodations are desired for any defense expert for the purpose of interviewing an incarcerated person in order to assist in the preparation of the incarcerated person's defense, the incarcerated person's attorney shall contact the Watch Commander in advance, by letter. The letter shall note the date and time of the requested visit(s). If applicable, documents in support of the claim that the defense expert is 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.

Only 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).

Defense experts covered under PC 825.5 requiring multiple interviews (more than two) may, at the discretion of the Bureau Commander, be subjected to an investigation of their criminal history and personal background. This process requires that they complete and submit a written application and agree to have their fingerprints taken.

Unless accompanied by an attorney who remains present with the incarcerated person and the defense expert during the entire interview, defense experts who are not covered by PC 825.5 may be restricted to non-contact interviews in one of the bond rooms. Exceptions shall only be made with the prior approval of the Bureau 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).

DRESS CODE

All visitors must be dressed appropriately. Visitation will not be permitted if an attorney or legal assistant is dressed in a manner that violates the Visitor Dress Code:

Visitor dress rules apply equally to male and female visitors.

Visitors shall remain fully clothed when visiting. Appropriate attire includes undergarments; a dress or blouse/shirt with skirt/pants or shorts; and shoes or sandals.

Visitors shall adhere to the following dress standards:

• Shoes or sandals shall be worn at all times. Shower shoes and bedroom slippers will not be allowed. 
• Buttons, snaps, and zippers shall remain fastened. 
• Undergarments shall be worn beneath translucent clothing, under all circumstances. 
• All shorts, skirts, and dresses, including slits in the garment, shall not expose more than three (3) inches above the knee when standing. This applies to all visitors regardless of age. Prohibited attire includes clothing that: 
• Exposes the breast/chest area, genitals or buttocks. Anyone wearing clothing considered to be too revealing will not be allowed to visit. This includes swimsuits, tank tops, halter tops, strapless or “spaghetti” strap tops, loose or oversized sleeveless tops, and low necklines. 
• By design, or by the manner in which it is worn, allows the anatomical detail of body parts to be clearly viewed (e.g., Spandex, Lycra, clothes with holes in inappropriate places, or excessively tight clothing). 
• Are sheer or transparent (including see-through lace and mesh materials). 
• Exposes the midriff area. 
• Attire or accessories displaying obscene/offensive language, drawings, or objects. 
• Promotes violence, hate, drug use, sex acts or gangs. Includes any attire or accessories displaying any type of gang insignia, gang artwork, or any affiliation with gangs. 
• Any other clothing, garment, or accessory that when compared to the expressly specified standards above would warrant disapproval.

ELECTRONIC DEVICES

• Attorneys and legal assistants may bring their cell phones into the facility, however, the phones are not to be used in any capacity within the secured areas of the facility. (See also CELL PHONES)
• 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.
• Peripheral devices (e.g., speakers, printer, etc.) and video recording equipment require prior approval by the Watch Commander. Approved devices/equipment shall be searched prior to entry. Refusal to permit search of the device/equipment shall be grounds for denial of device/equipment access.
• incarcerated person access and use is strictly prohibited.

EXCHANGE OF ITEMS DURING INTERVIEWS

Attorneys and legal assistants are not allowed to leave anything other than legal material with an incarcerated person. Personal mail and/or written messages may not be brought into, nor taken out of any jail facility. Other items that are considered to be contraband include, but are not limited to: ink pens, felt markers, paperclips, 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.

Any and all items, including written and printed legal material, that an incarcerated person and an attorney or legal assistant wish to exchange during the interview must first be presented to correctional staff.

After proper inspection, written or printed legal material may be exchanged.

The attorney or legal assistant may only receive and/or remove from the facility, written or printed legal material given to them from the incarcerated person.

The incarcerated person 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 incarcerated person consents to the examination of the material by a correctional officer. The purpose of these inspections is to ensure that contraband items are not enclosed, nor does the material itself constitute contraband. The inspecting correctional officer will not read the written or printed material for content without the expressed consent of the incarcerated person or the attorney/legal assistant, but correctional officers may scan the material to determine if it constitutes contraband. The correctional officer shall keep any material they read confidential unless ordered to reveal the contents of the material by the Superior Court. 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 will be notified for further evaluation.

If the incarcerated person does not consent to an inspection of the contents of a document given to the incarcerated person by the attorney or legal assistant, it shall be returned to the attorney/legal assistant.

Non contact interviewers who require an incarcerated person's signature on legal material are encouraged to utilize the U.S. Postal Service or the inmate's attorney for such purposes. Exceptions may only be made with the approval of a Watch Commander. All legal materials passed in such a manner are subject to a search for contraband by correctional officers.

EXCLUSION FOR CAUSE

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 incarcerated person shall be grounds for denying a visitation request and/or cause for subsequent suspension or exclusion from the Fresno County Detention Facilities.

The Watch Commander is authorized to require proof that the incarcerated person 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 incarcerated person.

The Bureau Commander will be notified when any attorney or attorney's representative abuses the privacy permitted in incarcerated person interviews and administrative action may be taken to restrict such interviews.

The term “exclusion” as used in this section describes an administrative action by the 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. An order for exclusion from an institution or other facilities of the Fresno County Sheriff’s Office shall be based upon a determination by the Bureau Commander that either 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.

Temporary exclusion may be ordered by the Watch Commander pending investigation or verification of information leading to such conclusions and/or pending an appeals process initiated by the attorney.

The appeals process available to persons who have had their access revoked or restricted is described under EXCLUSION APPEAL PROCESS.

EXCLUSION APPEAL PROCESS

When an individual has their access restricted or denied, they and/or their employer will be notified in writing of the reason for the restriction or denial, including, if applicable, all criminal history information, and their rights of appeal.

Should an applicant be denied or have their access permanently or temporarily restricted, they or their employer may respond in writing to the Jail Operations Bureau Commander within five (5) working days, should they object. If the applicant is self employed, they may personally respond in writing. The written response shall include reasons for the appeal and any documentation in support of the appeal.

If an appeal is filed, the Jail Operations Bureau Commander may meet with the applicant and if appropriate, their employer. The Jail Operations Bureau Commander will consider the appeals and any documentation provided and will sustain either the denial, restriction, or the appeal. The review will be completed within ten (10) working days, following receipt of the written appeal and/or the meeting. The written notice of the results of the appeal will be mailed to the appellant. Should an applicant be denied or have their access permanently or temporarily restricted, and that action is sustained by the Jail Operations Bureau Commander after their appeal, the applicant may feel that surrounding circumstances mitigating the basis for their denial have changed. In such cases, the applicant may present such changed or mitigating circumstances to the Sheriff for his/her consideration. The applicant's reasons shall be in writing, and in addition, they may request to meet personally with the Sheriff to discuss their application. Upon review of the circumstances, the Sheriff may, at his/her discretion, determine that the applicant be approved or that the restrictions remain in place.

HOSTAGE POLICY

The Fresno County Jail is a no-hostage facility. Employees will not recognize hostages for bargaining purposes or permit incarcerated persons or others to use hostages to escape from custody.

IDENTIFICATION

Attorneys are required to present proof of active registry with the California State Bar Association each time they visit. (An exception applies 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 attorney exits the facility, at which time, the ID shall be used to provide positive identification by comparing the individual to their photo identification.

Attorneys who have lost their bar cards are advised that replacement cards are 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.

Persons who do not possess proper identification who insist upon being allowed entry will be referred to a Sergeant. If the Sergeant is not able to resolve the problem, a Watch Commander will be notified for resolution of the situation.

INTERPRETERS

Applicants who are applying for admission as interpreters shall produce a letter from their employer confirming their full time employment as an interpreter. The approval process takes approximately two (2) weeks, unless a 30-day Delay Notification is issued by Sacramento.

INTERVIEW PROCEDURE

Attorney interviews for the purpose of a private consultation with an incarcerated person 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.

Attorneys and legal assistants shall report to the Lobby area in the facility where the incarcerated person is housed, complete a blue-colored Inmate Interview Request form, and present it to the Lobby Officer.

For officer safety reasons, visitors are asked not to place their briefcases or other personal effects on the counters so as to allow the Lobby Officer clear visibility of the Lobby area.

Attorneys are required to present their active Bar Card each time they visit. Additionally, all attorneys must provide photographic identification which shall be surrendered to the Lobby Officer and exchanged for a Visitor’s Pass. Once the Lobby Officer has completed the proper identification and verification of the interviewer, the officer will notify the housing floor.

Whenever there is a delay in producing an incarcerated person for an attorney interview (e.g., the incarcerated person is out of their cell at another event), that fact will be communicated to the attorney who is waiting.

Attorneys and legal assistants are permitted to interview new arrestees who have not yet reached a housing area in a non contact interview room after the booking process has been completed.

More than one attorney and/or legal assistant may interview in private consultation with an incarcerated person at the same time. Upon completion of the interview, it is the attorney’s responsibility to ensure that an officer is aware that the interview has been concluded and the incarcerated person needs to be returned to their housing unit.

LEGAL ASSISTANTS

"Legal assistants" shall be the term applied to all persons employed by an attorney or law firm used to assist in an incarcerated person's legal defense, the category of which shall include: law clerks, unlicensed investigators, certified law students, paralegals, defense experts and interpreters.

Attorneys may designate no more than three (3) legal assistants to receive jail clearance for the purpose of interviewing incarcerated persons and/or witnesses on their behalf.

With the exception of defense experts, all persons designated by an attorney to act as their legal assistant must:

• Be full-time employees of the attorney or law firm (interpreters may be employed by the court or an interpreter service). 
• Complete a jail clearance application and background screening. 
• Have their fingerprints taken (to obtain a criminal history check). 
• Have their photograph taken (to produce an identification card and reference file). 
• Provide a letter from their employer. 
• Law clerks, unlicensed investigators, certified law students and paralegals are required to produce a letter from the office of the attorney(s) they represent indicating their full-time employment by that firm. 
• Interpreters are required to produce a letter from either the office of the attorney, law firm, court, or interpreter service that they represent indicating their full-time employment as an interpreter. 
• See separate listing under DEFENSE EXPERTS for the required documentation necessary to permit a defense expert admittance into the facility.

When a legal assistant is no longer in the employ of an attorney or law firm, the attorney(s) shall advise the Jail Operations Bureau Commander in writing of the change in employment and return the legal assistant’s Jail-issued identification card. Attorneys who fail to do so may have their privilege of assigning legal assistants curtailed or revoked.

See also CONTACT v NON-CONTACT VISITS for the permitted level of contact during interviews.

LEGAL MAIL

Inmates may correspond confidentially and at no charge with any member of the State Bar (including persons working for the attorney), State and Federal courts, and legal service organizations (e.g., ACLU, Prison Law Office, California Appellate Project). Confidential correspondence is considered to be privileged communications and cannot be knowingly monitored without a warrant. Such mail may be recognized by the address or “legal” or "confidential" envelope. Jail authorities may open and inspect such mail only to search for contraband, checks or money orders. Such searches shall only be conducted in the presence of the inmate.

All correspondence must include the inmate’s Booking and JID number and be addressed to the incarcerated person at:

P.O. Box 872
Fresno, CA 93712

METAL DETECTOR CLEARANCE

All attorneys and legal assistants entering the facility security perimeter MUST CLEAR THE METAL DETECTOR or they shall not be permitted entrance into the facility.

If the metal detector activates, the person attempting to enter the facility will be asked to step back and remove any easily removable metal items from their person which may have activated the metal detector alarm.

Items which do not clear the metal detector, as well as items not permitted in 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.

MONEY RELEASE

An incarcerated person may release any or all of their money to a third party, as directed by the incarcerated person, but only those funds which the incarcerated person had in their possession at the time of the incarcerated person’s booking.

MONITORING

Conversations between an incarcerated person and their attorney are considered privileged communications and will not be knowingly monitored or recorded without a warrant. Conversations between an incarcerated person 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.

REVOCATION OF ACCESS

All persons 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, regulation or law pertaining to jail security.

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.

RULES FOR ATTORNEYS AND LEGAL ASSISTANTS

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 prior written approval of the Jail Operations Bureau Commander.

1. Interviews with incarcerated persons must be for legitimate legal purposes. Attorneys and legal assistants who have a pre-existing relationship with an incarcerated person are required to utilize the Jail Division’s visiting process in order to contact the incarcerated person. Attorneys and legal assistants shall not utilize their access privileges to the Jail for the purpose of contacting relatives and/or personal acquaintances. 
2. It is prohibited to communicate with or interview incarcerated persons 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. 
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. Prohibited use includes, but is not limited to: receiving or placing phone calls, text messaging, surfing the Internet, taking photos, making video recordings, receiving or responding to email, playing electronic games, watching TV or video recordings, listening to music, etc. Inmate access and personal use is strictly prohibited.
6. Unnecessary physical contact with incarcerated persons is prohibited. Attorneys and legal assistants may offer a handshake as a way of greeting or saying goodbye to an incarcerated person, 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 shall follow the directions of correctional officers at all times. 
9. Attorneys and legal assistants shall show respect to all staff members. 
10. Attorneys and legal assistants shall not provide incarcerated persons with anything other than written or printed legal material which has been previously presented to correctional staff for inspection. 
11. Attorneys and 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. 
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 incarcerated persons. 
15. Attorneys and legal assistants shall not aid in the escape or attempted escape of any incarcerated person from custody. 
16. Attorneys and legal assistants shall not provide weapons or information concerning weapons to incarcerated persons. 
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, incarcerated person, 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.

When a Jail Division staff member has reasonable suspicion to believe that an interviewer has violated any rule of the institution, they shall bring it to the attention of a Sergeant.

The Sergeant may meet with the observing Jail Division staff member and the interviewer to determine the accuracy of the allegation(s) and refer their findings to the Watch Commander. 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 shall prepare a written report of the incident, including the reasons for the allegation, and forward a copy to the Jail Operations Bureau Commander.

The accused interviewer shall have five (5) days to respond, in writing, to the Jail Operations Bureau Commander. The Jail Operations Bureau Commander shall reply within five (5) working days to either affirm or reject the finding of the rule violation. In reviewing the allegation(s) and response, the Jail Operations Bureau Commander may conduct their own investigation.

The appeals process available to persons who have had their access revoked or restricted is described under EXCLUSION APPEAL PROCESS.

SEARCHES

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. All personal property shall be subject to search. Items such as purses, briefcases, and packages not clearing the metal detector shall be subjected to a thorough visual search for contraband before being allowed to be brought into the facility.

Items which do not clear the metal detector, as well as items not permitted in 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.

Attorneys and legal assistants are subject to inspection and search of their person and possessions at any time while they are in the facility when there is a valid security reason for the search. This search may include, but is not limited to, purses and briefcases.

See also, the entries for METAL DETECTOR CLEARANCE and EXCHANGE OF ITEMS DURING INTERVIEWS.

VIDEO RECORDINGS AND PHOTOGRAPHS

Video recordings along with still and/or moving pictures of authorized interviews with incarcerated persons shall ONLY be utilized as criminal investigative tools and are permitted with the prior approval of the Watch Commander. If an attorney requests to have an incarcerated person view a video recording pertinent to the incarcerated person’s defense, they may do so with the prior approval of the Watch Commander.

Refusal to permit search of the equipment shall be grounds for denial of equipment access.

VISITOR PASS

If the person requesting an interview does not have an official Jail-issued identification card, a Visitor’s Pass will be exchanged for their photo identification (i.e., driver’s license, passport, etc.). The identification will be retained by the Lobby Officer 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 their photo identification. Attorneys and legal assistants shall be required to display a Visitor’s Pass or Jail-issued identification card at all times while in the facility.

Attorneys and legal assistants shall be aware and advised of the following laws as they pertain to the Jail facilities:

PC 825.5 RIGHT OF PHYSICIAN EMPLOYED BY DEFENSE TO VISIT PRISONER

Any physician and surgeon, including a psychiatrist, licensed to practice in this state, or any psychologist licensed to practice in this state who holds a doctoral degree and has at least two years of experience in the diagnosis and treatment of emotional and mental disorders, who is employed by the incarcerated person or his or her attorney to assist in the preparation of the defense, shall be permitted to visit the incarcerated person while he or she is in custody.

B&P 2903 LICENSURE REQUIREMENT: “PRACTICE OF PSYCHOLOGY”; “PSYCHOTHERAPY”; “FEE”

No person may engage in the practice of psychology, or represent himself to be a psychologist, without a license granted under this chapter, except as otherwise provided in this chapter. The practice of psychology is defined as rendering or offering to render for a fee to individuals, groups, organizations or the public any psychological service involving the application of psychological principles, methods, and procedures of understanding, predicting, and influencing behavior, such as the principles pertaining to learning, perception, motivation, emotions, and interpersonal relationships; and the methods and procedures of interviewing, counseling, psychotherapy, behavior modification, and hypnosis; and of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, emotions, and motivations.

The application of such principles and methods includes, but is not restricted to: diagnosis, prevention, treatment, and amelioration of psychological problems and emotional and mental disorders of individuals and groups.

Psychotherapy within the meaning of this chapter means the use of psychological methods in a professional relationship to assist a person or persons to acquire greater human effectiveness or to modify feelings, conditions, attitudes and behavior which are emotionally, intellectually, or socially ineffectual or maladjustive.

As used in this chapter, “fee” means any charge, monetary or otherwise, whether paid directly or paid on a prepaid or capitation basis by a third party, or a charge assessed by a facility, for services rendered.

PC 4534 PERSONS WILFULLY ASSISTING IN ESCAPE

Any person who willfully assists any paroled incarcerated person whose parole has been revoked, any escapee, any incarcerated person confined in any prison or jail, or any person in the lawful custody of any officer or person, to escape, or in an attempt to escape from such prison or jail, or custody, is punishable as provided in Section 4533.

PC 4535 FURNISHING AIDS TO FACILITATE ESCAPE FROM PRISON; PUNISHMENT

Every person who carries or sends into a prison or jail anything useful to aid an incarcerated person inmate in making his/her escape, with intent thereby to facilitate the escape of any incarcerated person confined therein, is guilty of a felony.

PC 4570 COMMUNICATING WITH AN INCARCERATED OR DETAINED PERSON; BRINGING IN OR TAKING OUT READING MATTER

Every person who, without the permission of the warden or other officer in charge of any State prison, or prison road camp, or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the State prison are located under the custody of prison officials, officers or employees, or any jail, or any county road camp in this State, communicates with any prisoner or person detained therein, or brings therein or takes therefrom any letter, writing, literature, or reading matter to or from any prisoner or person confined therein, is guilty of a misdemeanor.

PC 4570.1 UNAUTHORIZED COMMUNICATION WITH AN INCARCERATED PERSON DURING TRANSPORTATION

Every person who, without permission of the peace officer or corrections officer in charge of any vehicle, bus, van or automobile used for the transportation of incarcerated persons, delivers a written communication to any incarcerated person or person detained therein, or being escorted to or from that vehicle, or takes from or gives to the incarcerated person any item, is guilty of a misdemeanor.

PC 4570.5 FALSE IDENTIFICATION TO GAIN ADMISSION TO PRISON OR OTHER DETENTION FACILITY

Every person who falsely identifies himself either verbally or by presenting any fraudulent written instrument to prison officials, officers, or employees of any state prison, prison road camp, or prison forestry camp, or other prison camp or prison farm, or any jail, or any county industrial farm, or any county road camp, for the purpose of securing admission to the premises or grounds of any such prison, camp, farm, or jail, and such person would not otherwise qualify for admission, is guilty of a misdemeanor.

PC 4571 ENTRY UPON INSTITUTION GROUNDS OR ADJACENT LANDS BY PERSON FORMERLY CONVICTED OF FELONY

Every person who, having been previously convicted of a felony and confined in any State prison in this State, without the consent of the warden or other officer in charge of any State prison or prison road camp, or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the State prison are located under the custody of prison officials, officers or employees, or any jail or any county road camp in this State, comes upon the grounds of any such institution, or lands belonging or adjacent thereto, is guilty of a felony.

PC 4573 BRINGING OR SENDING CONTROLLED SUBSTANCE OR ASSOCIATED PARAPHERNALIA INTO PLACE WHERE INCARCERATED PERSONS ARE IN CUSTODY; PUNISHMENT; POSTING OF PROHIBITIONS

Except when otherwise authorized by law, or when authorized by the person in charge of the prison or other institution referred to in this section or by an officer of the institution empowered by the person in charge of the institution to give the authorization, any person, who knowingly brings or sends into, or knowingly assists in bringing into, or sending into, any state prison, prison road camp, prison forestry camp, or other prison camp or prison farm or any other place where incarcerated persons of the state are held.