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supervision of an attorney representing a prisoner shall be permitted to communicate with prisoners by mail, telephone and personal visits, to the same extent and under the same conditions that the attorney may do so for the purpose of representing the prisoner. Law students, legal paraprofessionals and other attorney assistants working under the supervision of an attorney contacted by a prisoner shall be permitted to communicate with that prisoner by mail, telephone or personal visits to the same extent and under the same conditions that the attorney may do so.
Page 9 of 1978 Minimum Standards.
Above is an image of Page 9 of the first publication (1978) of the Minimum Standards for New York City Correctional Facilities issued by the NYC Board of Correction, as given to NYCHS by former NYC DOC photographer Mark Mellett. NYCHS appreciates this and other archival material Mark Mellett has generously donated.
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(b) An attorney assistant may be required to present a letter of identification from the attorney to a designated official at the central office of the Department in order to obtain an institutional pass. A pass shall not be denied based upon any of the items listed in Section 10.9(a).
(c) The pass shall remain in effect for a minimum of one year and shall permit the assiStanL to perform the functions listed in Section 9.5 (a). It may be revoked if specific acts committed by the legal assistant during a visit to an institution demonstrate his or her threat to the safety and security of that institution. This determination must be made pursuant to the procedural requirements of Section 10.8(b) (i), Section 10.8(d), and Section 10.8(e),
Section
9.6 Law Libraries
(a) Each institution shall maintain a properly equipped and staffed law library.
- By September 1, 1978, the law library shall be located in a separate area sufficiently
free of noise and activity and with sufficient space and lighting to permit sustained research.
- By September 1, 1978, the law library shall remain open for prisoner use at least
eight hours per day during lock-out periods, including at least three hours between 6 p. m. and 10 p. m. on week-day evenings. Prisoners shall not be unreasonably denied access to the law library.
- The law library hours for prisoners in punitive segregation may be reduced or
eliminated, provided that an alternative method of access to legal materials is instituted to permit effective legal research.
- Within 120 days of the effective date of this standard, the Department shall report
to the Board detailing the resources available at the law library at each institution, including a list of titles and dates of all law books and periodicals and the number, qualifications and hours of English and Spanish-speaking legal assistants.
Section
9.7 Legal Documents and Supplies
(a) Prisoners shall have reasonable access to typewriters for the purpose of preparing legal documents. Legal clerical supplies, including pens, legal paper and pads and carbon paper shall be made available for purchase by prisoners. Such legal clerical supplies shall be provided to indigent prisoners at Department expense.
(b) Prisoners shall be permitted to purchase and receive an unrestricted number of law books and other legal research materials from any source.
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(c) Reasonable regulations governing the keeping of materials in cells and the searching of cells may be adopted, but under no circumstances may prisoners' legal documents, books and papers be read or confiscated by correctional personnel without a lawful warrant. Where the space in a cell is limited, an alternative method of safely storing legal materials elsewhere in the institution is required. provided that a prisoner shall have regular access to those materials.
Section
9.8 Effective Date
This Part shall take effect May 1, 1978.
PART 10 -- VISITING
Section |
10.1 | Policy |
10.2 | Visiting and Waiting Areas |
10.3 | Visiting Schedule |
10.4 | Initial Visit |
10.5 | Visitor Identification and Registration |
10.6 | Contact Visits |
10.7 | Visiting Security and Supervision |
10.8 | Limiting of Visiting Rights |
10.9 | Effective Date |
Section
10.1 Policy
Prisoners are entitled to receive personal visits of sufficient length and number.
Section
10.2 Visiting and Waiting Areas
(a) By September 1, 1978, a visiting area of sufficient size to meet the requirements of this Part shall be established and maintained in each institution.
(b) The visiting area shall be designed so as to allow physical contact between prisoners and their visitors as required by Section 10.6.
(c) The Department shall make every effort to minimize the waiting time prior to a visit. Visitors shall not be required to wait outside an institution unless adequate shelter is provided and the requirements of Section 10.2(d) are met.
(d) All waiting and visiting areas shall provide for at least minimal comforts for visitors, including but not limited to:
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