BOP Program Statement 1315.08 § 8

(a) An act by an attorney which violates Bureau regulations or institution guidelines and

which threatens the security, good order, or discipline of the institution is grounds for

limitation or denial by the Warden of the attorney's privileged visitation and correspondence

rights. Acts by an attorney which may warrant such limitation or denial include, for example

the following:

(1) A false statement as to the attorney's identity or qualifications;

(2) A plan, attempt, or act to introduce contraband into the institution;

(3) A conspiracy to commit, an attempt to commit, or the actual commission of an act of

violence within an institution; and

(4) Encouraging an inmate to violate the law, Bureau of Prisons rules, or local

implementing guidelines.

(b) Unless the breach of regulations is extreme or repeated, limitation rather than a denial of

visitation or correspondence rights is proper, especially where the inmate is represented by

the attorney and is confronted with a court deadline. For example, the Warden may subject

an attorney to a search of his person and belongings or may permit the attorney only non-privileged correspondence. The Warden shall also consider referral of the matter to the state

agency regulating the attorney's professional conduct.

The Warden must consult with the Regional Counsel before taking action under this subsection.

(c) An act by an inmate in violation of Bureau regulations or institution guidelines warrants a

limitation by the Warden of the inmate's correspondence or visiting rights with attorneys only

if necessary to protect institution security, good order, or discipline. The Warden may not

deny correspondence or visiting rights with attorneys generally.

The Warden must consult with the Regional Counsel before taking action under this subsection.

If the Warden determines that the legal visitor has violated the rules of conduct for use of a

laptop, unless warranted by the specific circumstances justifying a greater sanction, violation of

the rules of conduct will result in the loss of the privilege to introduce a laptop into the institution

for a specific period of time. Written notice via U.S. mail or email must be provided to the legal

visitor of the violation that is the basis for any such limitation along with an explanation of the

legal visitor’s right to appeal the limitation.

1315.08 5/7/2026 Federal Regulations from 28 CFR: this type. Implementing instructions: this type. 15

(d) The attorney may appeal any limitation or denial by the Warden of attorney visits or

correspondence rights to the Regional Director. The inmate affected may appeal through the

Administrative Remedy Procedures.