Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions › Section 486.07 - Identification and Security Requirements

Current through Register 1525, July 5, 2024
(1)
			 Upon entry into an institution, an attorney shall be required to present a
			 valid bar membership card and one other piece of government-issued photographic
			 identification if requested to do so by institution personnel. No other
			 identification shall be required. When completing the Massachusetts Department
			 of Correction Request to Visit Inmate Form, an attorney may provide his/her
			 office address, in place of a home address.
(2) Upon entry into an institution, a law
			 student, paralegal, private investigator and/or interpreter shall be required
			 to present identification if requested to do so by institutional personnel.
			 That identification shall include one piece of government-issued photographic
			 identification. In addition, an interpreter shall provide verification of being
			 screened and/or certified by the Massachusetts Trial Court Office of Court
			 Interpreter Services. A private investigator shall provide verification of his
			 or her active licensing or, verification of employment if exempt from said
			 licensing requirements pursuant to M.G.L. c. 147, § 23. A law student,
			 paralegal or private investigator who is not accompanying an attorney shall
			 also provide a letter of introduction from his or her supervising attorney or,
			 in the case of a private investigator, verification of
pro se
litigation, or a Court Order of appointment. The letter of
			 introduction shall include the full name and office or school address of the
			 law student, paralegal, or private investigator, and the supervising attorney's
			 business name, office address, Board of Bar Overseers number, and telephone
			 number. The Court Order shall have the court name, a legal caption and docket
			 number. No other identification shall be required.
(3) Attorneys, law students, paralegals,
			 private investigators, and interpreters shall be subject to all Departmental
			 regulations and institutional policies governing visitors, not directly in
			 conflict with
			 103 CMR 486.00.
(4) All attorneys entering an institution
			 shall be subject to a metal detection scan. Such a scan shall initially consist
			 of passing through a fixed metal detector or hand-held scanner depending upon
			 which is in use by the particular institution. If the attorney successfully
			 passes through the metal detector or hand-held scanner, he or she shall be
			 allowed to enter the institution without further search.
(5) Should an attorney fail to pass through a
			 fixed metal detector or hand-held scanner successfully, he or she shall be
			 subject to a second scan by a fixed metal detector or hand-held scanner. If the
			 attorney successfully passes this second scan, he or she shall be allowed to
			 enter the institution without further search.
(6) Should a secondary metal detection scan
			 performed under 103 CMR 486.07(5) continue to indicate the presence of a metal
			 object on the attorney's person, the correction officer conducting the scan
			 shall inquire as to the cause of the interference. After the inquiry, the
			 attorney shall be allowed to enter without further search, unless the
			 correction officer has a reasonable suspicion of the presence of contraband on
			 the attorney's person. If the correction officer has a reasonable suspicion of
			 the presence of contraband the attorney shall be afforded the opportunity to
			 consent in writing to a pat down search, to leave the institution, or to
			 request a non-contact visit with the inmate. If requested, a non-contact visit
			 shall be afforded.
(7) Before any
			 pat down search of an attorney is performed, a correction officer shall
			 communicate to the shift commander the reasons for requesting the search. Pat
			 down searches may take place only with the approval of the shift commander or
			 such other person as the superintendent may designate.
(8) Whenever a correction officer requests a
			 pat down search of an attorney the correction officer shall file, prior to the
			 end of the officer's shift, an incident report citing the specific, articulable
			 facts and circumstances supporting the request and the results of the request.
			 If a pat down search of the individual occurs, the consent shall be recorded by
			 the attorney signing a log book kept for that purpose. The attorney shall also
			 be provided with a written receipt documenting his/her consent to a pat down
			 search, which receipt shall be signed and dated by both the attorney and the
			 correction officer. A copy of said receipt shall be kept by the institution. In
			 addition, the details of the pat down search shall be included in the incident
			 report filed pursuant to 103 CMR 486.07(6), and shall also be filed with the
			 superintendent prior to the end of the officer's shift. Said details shall
			 include, but not be limited to: the name of the attorney searched; the name of
			 the searching officer and of the shift commander or superintendent's designee
			 who approved the search; the extent of the search; what, if anything, was
			 found; and any subsequent action taken based on the results of the
			 search.
(9) Where probable cause
			 exists to believe that a crime has been or is being committed by an attorney,
			 law student, paralegal, private investigator, or interpreter on the grounds of
			 an institution, arrest and prosecution of the suspected offender may be
			 initiated pursuant to usual criminal procedure.
(10) Whenever an attorney is refused
			 permission to enter an institution, the Commissioner and/or the General Counsel
			 shall be notified of such action by the institution superintendent or a
			 designee within 24 hours of the incident.