BOP Program Statement 1315.08 § 10

(a) The Bureau of Prisons recognizes the use of assistants by attorneys to perform legal tasks

and, with proper controls and exceptions enumerated in this section and in part 540 of this

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chapter, accords such assistants the same status as attorneys with respect to visiting and

correspondence.

Part 540 refers to the Program Statement Correspondence.

The special visiting/correspondence status accorded to legal assistants depends upon an

ongoing, supervisory relationship with an attorney on an approved visiting/correspondence list.

The term “legal assistant” includes paralegals, law clerks, legal assistants, investigators, and

experts designated by an attorney in the direct provision of legal representation pursuant to the

attorney-client relationship as certified by the attorney. An “expert” is a licensed professional

such as a psychiatrist, psychologist, or qualified mitigation specialist retained by an attorney to

evaluate an inmate for purposes of a criminal, civil, or habeas proceeding. Absent any current

supervisory relationship, such persons may only receive social visiting or general

correspondence privileges.

With prior approval, certified language interpreters and sign language interpreters may

accompany an attorney and legal assistants during legal visits. Such individuals must submit a

completed BP-A0660, Criminal History Check form and be cleared prior to a legal visit. The

Warden may waive the criminal history check for interpreters that have been pre-screened and

approved by the local U.S. District Court or interpreters employed by an Office of the Federal

Public Defender that have received credentials from their employing office.

A request by a legal assistant for social visiting/general correspondence privileges must be

evaluated and considered on the same basis as requests from non-legal persons.

The Warden must consult with the Regional Counsel if there is a question regarding the status

of a legal assistant before making a final determination, or any recommendation or decision to

limit or prohibit the visiting/correspondence privileges of such persons.

Attorney Retained Experts. At Bureau institutions whose mission is to house convicted

individuals, attorneys must obtain the Warden’s approval, at least seven days in advance, for a

retained expert to visit with a client. This seven-day advance notice is not required at Bureau

institutions whose mission is to house pretrial and unsentenced individuals, and attorneys

should consult the local procedures at the pretrial facility for arranging an attorney retained

expert visit with a client. The request must include a general statement as to the purpose of the

visit and provide a list of items the expert intends to bring to the visit (subject to the restrictions

herein), and the purpose for which the expert must bring those items to the visit.

The Warden may place reasonable time limits on expert visits. Although medical and mental

health professionals retained by an attorney may be approved to visit as members of the

defense team to develop expert testimony and/or aid in defense preparation, such experts may

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not provide therapy or treatment to the client during a legal visit. Necessary medical care and

mental health care are provided by the Bureau of Prisons.

(b) The attorney who employs an assistant and who wishes the assistant to visit or correspond

with an inmate on legal matters shall provide the Warden with a signed statement including:

(1) Certification of the assistant's ability to perform in this role and awareness of the

responsibility of this position;

(2) A pledge to supervise the assistant's activities; and

(3) Acceptance of personal and professional responsibility for all acts of the assistant which

may affect the institution, its inmates, and staff. The Warden may require each assistant to

fill out and sign a personal history statement and a pledge to abide by Bureau regulations

and institution guidelines. If necessary to maintain security or good order in the institution,

the Warden may prohibit a legal assistant from visiting or corresponding with an inmate.

This requirement is ordinarily satisfied by having the legal assistant and the sponsoring attorney

complete their respective section of the BP-A0243, Application to Enter Institution as

Representative form. Legal assistants must also complete and submit a BP-A0660, Criminal

History Check form. These forms are available on the Bureau’s public website. The NCIC

clearance for legal assistants will be valid for one year absent good cause for more frequent

review on an individual basis. Legal assistants employed by an Office of the Federal Public

Defender that have received credentials from their employing office should not be required to

clear the criminal history check.