BOP Program Statement 1315.08 § 7

(a) The Warden shall, under the conditions of this section, permit visits by the retained,

appointed, or prospective attorney of an inmate or by an attorney who wishes to interview an

inmate as a witness.

(b) The Warden generally may not limit the frequency of attorney visits since the number of

visits necessary is dependent upon the nature and urgency of the legal problems involved.

The Warden shall set the time and place for visits, which ordinarily take place during regular

visiting hours. Attorney visits shall take place in a private conference room, if available, or in

a regular visiting room in an area and at a time designed to allow a degree of privacy. The

Warden may make exceptions according to local conditions or for an emergency situation

demonstrated by the inmate or visiting attorney.

Alternative Legal Access Arrangements. To ensure inmates have access to legal counsel as

soon as it is safely possible after a significant or disruptive event at a facility exceeds 24 hours,

each facility will develop alternative legal access arrangements. These plans may include, but are

not limited to, alternative visiting locations at the facility, expansion of normal visiting hours,

and any additional procedures consistent with the mission and security of the facility. Restriction

of legal access should occur only when necessary to protect the safety and security of staff,

inmates, or the public.

Notification of Visiting Disruption. In instances where there is a significant or disruptive event

affecting the conditions of confinement and institution management decides to restrict legal

1315.08 5/7/2026 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 11

access and/or social visiting, staff must make all reasonable efforts to notify all known parties

affected by the disruption. This includes, but is not limited to inmate families, defense counsel,

local courts, and the public. For facilities housing pretrial inmates, such notice must also be made

to the local Federal Public Defender Office(s), the local United States District Court(s), and the

local United States Attorney’s Office(s). This information can be transmitted via telephone,

email, or listed on the Institution’s webpage.

To the extent practicable, staff are to provide an area for attorney-client visits that ensures their

conversation has a high degree of privacy.

(c) For Bureau institutions that do not house pretrial detainees and unsentenced individuals,

the attorney shall make an advance appointment for the visit through the Warden prior to

each visit. However, the Warden shall make every effort to arrange for a visit when prior

notification is not practicable. Bureau institutions that house pretrial detainees and

unsentenced individuals will allow scheduled and unscheduled attorney visits during

designated attorney visitation hours.

The Warden may delegate the function of reviewing and determining whether to approve

requests for attorney visits.

The Program Statement Pretrial Inmates advises that pretrial facilities will provide the

opportunity for attorney-client visits on a seven-days-a-week basis during established hours.

Only institutions with dedicated pretrial missions and those with a dedicated jail unit (e.g.,

detention center) are required to allow for both scheduled and unscheduled attorney visits during

designated attorney visitation hours established by the Warden. Attorneys seeking to visit clients

at Bureau institutions whose mission is to house convicted individuals are required to make an

advance appointment for a legal visit.

(d) The Warden may require an attorney to indicate where he is licensed as an attorney and

how that fact may be verified. Prior to each appointment or visit, the Warden shall require

each attorney to identify himself and to confirm that he wishes to visit an inmate who has

requested his visit or whom he represents or whom he wishes to interview as a witness. The

Warden may not ask the attorney to state the subject matter of the law suit or interview. If

there is any question about the identity of the visitor or his qualification as an attorney in

good standing, the Warden shall refer the matter to the Regional Counsel.

Licensed attorneys are not required to submit the BP-A0660, Criminal History Check form.

All visitors must comply with Bureau rules, regulations, and procedures in accordance with

Program Statement Visiting Regulations. The Warden may delegate to the Operations

Lieutenant or Duty Officer decision-making authority to deny or terminate a legal visit that is

disruptive to the security or good order of the institution, including when a legal visitor is unable

1315.08 5/7/2026 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 12

to clear the security screening process, in accordance with Program Statement Searching,

Detaining, or Arresting Visitors to Bureau Grounds and Facilities.

The Bureau’s public webpage provides information about visiting individuals in its custody,

including information on the dress code for visitors. Program Statement Visiting Regulations

provides that each institution will develop local procedures to administer the national policy,

including guidelines on the dress code for visitors. Each institution posts its Institution

Supplement about visiting on its individual public webpage. Legal visitors should consult the

local Institution Supplement for the specific guidelines prior to visiting. If a visitor is wearing

inappropriate clothing for the correctional environment, entry into the facility may be denied.

If an attorney or approved legal representative is unable to clear the screening process or if the

front lobby officer believes the visitor is wearing inappropriate attire, the front lobby officer

must notify the Operations Lieutenant or Duty Officer for resolution.

A legal visitor denied entry may submit a request to the Warden for a written explanation, which

should ordinarily be submitted within seven days of the denied entry. The Warden should

ordinarily respond within 21 days of receiving the request

(e) Staff shall not subject visits between an attorney and an inmate to auditory supervision.

The Warden may permit tape recordings to be used by an attorney during the course of a visit

only if the attorney states in writing in advance of the interview that the sole purpose of the

recording is to facilitate the attorney-client or attorney-witness relationship.

Attorneys may bring into the visiting room legal documents related to the inmate’s case when

visiting their client, which may not be given to the inmate for retention without prior written

authorization from the Warden or their designee. Procedures for sharing legal documents in the

visiting room and non-contact visits (if applicable) should be placed either in an Institution

Supplement on Legal Activities or in the required Institution Supplement on Visiting.

Unless specifically authorized in advance by the Warden, possession or use of electronic devices

to make any audio or video recordings or to take any photographs is prohibited. The Warden

may authorize such use if (1) the attorney’s request demonstrates that such use of such electronic

device is essential to facilitate the attorney-client relationship, and (2) the Warden determines

that such use would not be inconsistent with the institution's maintenance of security, good order,

and discipline. The BP-A0241, Visiting Attorney Statement form is a sample of a statement

which institution staff may utilize locally.

Cell phones, smart watches, smart glasses, and any other cellular or Wi-Fi capable devices

(except authorized laptops) are prohibited within the secure confines of the institution.

Use of Laptops During Legal Visits. Authorized laptops may only be used for professional

purposes related to legal representation and must not be used for non-legal or entertainment

1315.08 5/7/2026 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 13

purposes. All authorized electronic devices are subject to physical inspection for contraband, and

all wireless connectivity functions must be turned off. Access to the internet in any way is

prohibited.

The authorized legal visitor must notify the institution’s front lobby officer that they possess and

intend to use a laptop device during the legal visit and must review the Notice to Legal Visitors:

Rules of Conduct Regarding the Use of Computer Laptops, Tablets, and External Memory

Devices located on the Legislative and Correctional Issues (LCI) branch page of the Bureau’s

intranet site. Legal representatives may access that notice on the Bureau public webpage.

The procedures set out in Section 8 must be followed if the Warden determines that the legal

visitor has violated one or more of the rules of conduct for use of the laptop. The Warden must

consult with the Regional Counsel before taking any action with respect to such a violation.

a. Pretrial Facilities. Attorneys and their approved legal assistants may bring a laptop to a legal

visit at Bureau pretrial facilities for the sole purpose of facilitating the attorney-client

relationship (e.g., reviewing e-discovery material or conducting an assessment which utilizes

software-based tools). Legal visitors must comply with local guidelines for accommodating the

use of laptops.

If good cause exists to deny an attorney or their approved legal assistant permission to bring a

laptop into a pretrial facility, the Warden must document the reasons for the denial and confer

with the Regional Counsel prior to denying use of the laptop. In general, “good cause” means

that the Warden has determined that an articulable and documented set of facts exists

demonstrating that the legal visitor’s use of the laptop will threaten the security, good order, and

discipline of the institution.

b. Facilities Housing Sentenced Individuals. Ordinarily, legal visits must be scheduled in

advance through the Warden. If an attorney or approved legal assistant wants to use a laptop

during the legal visit to facilitate review of e-discovery material, they must indicate that in the

request for a legal visit. If the laptop is not approved in advance, the laptop will ordinarily not be

allowed inside the institution. The Warden may authorize such use if it is essential to facilitate

the attorney-client relationship and would not be inconsistent with the institution’s maintenance

of security, good order, and discipline.

c. Legal Visits for Individuals on Suicide Watch or Psychological Observation. A

determination on whether to allow a legal visit for individual on suicide watch or psychological

observation will be made on an individualized basis in accordance with the Program Statement

Suicide Prevention Program. A legal visit should not be denied solely due to an individual’s

placement on suicide watch or psychological observation.

1315.08 5/7/2026 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 14

(f) The Warden may, at any time, subject an attorney to a search of his person and belongings

for the purpose of ascertaining if contraband is present, as a condition of visiting an inmate.