Visits by retained and appointed attorneys and by attorneys requested by an inmate family in contemplation of prospective legal representation shall be permitted. Attorney visits will ordinarily take place during regular visiting hours. However, depending upon the nature and urgency of the legal problems involved, attorneys may be allowed to visit after duty hours when deemed appropriate by the Unit Manager/Designee. The length of these visits must be kept to a minimum time requirement due to staff-to-inmate ratio for security purposes.
The Unit Team will be responsible for scheduling all attorney visits to include those on non-visiting days. Attorneys will request their visits in advance in writing; however, a phone call, e-mail message or fax message can be accepted. If a phone call is utilized, a Unit Team member will prepare a memorandum stating the time, date, inmate’s register number, attorney’s name, law firm, and any other pertinent information for the Unit Manager’s review and approval. Visits can be approved and scheduled during non-visiting days according to the availability of Unit Team. The attorney shall routinely make an advance appointment for the visit with the Unit Team. Every effort should be made to accommodate an attorney’s visits where prior notification was not practical.
Written approval must be granted by the Warden prior to use of tape recordings by attorneys during the course of his/her visit. Any immediate grievance or concerns an attorney may have concerning his/her client during the visit shall immediately be referred to the Captain, Operations Lieutenant, or the Duty Officer.
The use of assistants by attorneys (paralegal) is recognized, and they will have the same status as the attorney with respect to visiting and correspondence. An attorney who employs an assistant and who wishes the assistant to visit or correspond with an inmate shall meet the same requirements for visiting as the attorney.
ATTORNEY PHONE CALLS
COPIES OF LEGAL MATERIALS
FEDERAL TORT CLAIMS
If the negligence of institution staff results in personal injury or property loss or damage to an inmate, it can be the basis of a claim under the Federal Tort Claims Act. To file such a claim, inmates must complete a Standard Form 95. They can obtain this form from the Safety Manager.
FREEDOM OF INFORMATION/PRIVACY ACT OF 1974
The Privacy Act of 1974 forbids the release of information from agency records without a written request by, or without the prior written consent of, the individual to whom the record pertained, except for specific instances. All formal requests for access to records about another person and/or agency record other than those pertaining to themselves (including Program Statements and Operations Memorandum) shall be processed through the Freedom of Information Act, 5 USC 552.
INMATE ACCESS TO CENTRAL FILES
INMATE ACCESS TO OTHER DOCUMENTS
An inmate can request access to the “Non-Disclosable Documents” in his central file and medical file, or other documents concerning himself that are not in his central file or medical file, by submitting a “Freedom of Information Act Request” to the Director of the Bureau of Prisons, Attention: FOI Request. Such a request must briefly describe the nature of records wanted and approximate dates covered by the record. The inmate must also provide his registration number and date of birth for identification purposes. A request on behalf of an inmate by an attorney, for records concerning that inmate, will be treated as a “Privacy Act Request” if the attorney has forwarded an inmate’s written consent to disclose materials. If a document is deemed to contain information exempt from disclosure, any reasonable part of the record will be provided to the attorney after the deletion of the exempt portions.
The Bureau advises all inmates that the President of the United States is authorized under the Constitution to grant executive clemency by pardon, commutation of sentence, or reprieve. A pardon is an executive act of grace that is a symbol of forgiveness. It does not connote innocence nor does it expunge the record of conviction. A pardon can be in “full” or “partial” depending on whether it absolves a person from all or a portion of the crime. A pardon may have conditions imposed upon it or it can be “absolute”, which is without conditions of any kind. A pardon restores basic civil rights and facilitates the restoration of professional and other licenses that may have been lost by reason of the conviction. Other forms of executive clemency include commutation of sentence (a reduction of sentence imposed after a conviction), and a reprieve (the suspension of execution of a sentence for a period of time). Inmates should contact their assigned case manager for additional information regarding this program.