EPSTEIN
page 2 / 549 . OCR, unverified
of an institution emergency, security needs of the institution
will override any portion of this Attorney Guide.
A. Legal Visiting
1.
Visiting Hours
Legal visitation hours are as follows:
Monday-Sunday (including Federal Holidays) 8:00 a.m. - 7:00
p.m.
Visits during these hours do not need to be scheduled in advance.
Special legal visits outside of these hours may be requested
through MCC New York's Legal Department with at least 24 hours
notice (The Legal Department is open Monday-Friday 7:30 a.m.-
4:00 p.m. so a request for Monday must be in b the receding
Friday). Requests should be faxed to: "
, Attn:
Legal Department." Every effort will be made to accommodate
such requests, but final approval is contingent upon the
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availability of staff. In the event an attorney requires an
emergency visit outside normal legal visiting hours and has not
pre-requested it, he/she must contact the Operations Lieutenant.
If there is any problem with a legal visit during off duty hours,
attorneys should ask to speak with the Institution Duty Officer
or Operations Lieutenant.
2. Attorney Processing
MCC New York conducts a daily count of all inmates at 4:00 p.m.,
with an additional count at 10:00 a.m. on Saturdays, Sundays and
federal holidays. Additional unscheduled counts may also occur
in emergencies. During a count, inmates must be at their
assigned cell or bunk, unless the inmate has been authorized to
be in another area. In order to guarantee an accurate count, a
request that an inmate remain in the visiting room during the
count must be made at least one hour before the count, i.e.,
3:00 p.m. for the 4:00 p.m. count and 9:00 a.m. for the 10:00
a.m. count. When this approval is granted, the inmate is placed
on the "out count" and will be required to remain in the
visiting room until the count has been completed. Inmates who
have not been placed on the out count must terminate their legal
visits a half hour before the count begins, i.e., 3:30 p.m. and
9:30 a.m. Attorneys who arrive at the institution within an
hour before the start of a count, i.e., after 3:00 p.m. or 9:00
a.m., will not be able to visit their client until after the
count clears.
Counts usually take approximately 30-40 minutes to clear. During
this time, all movement in the institution ceases. Consequently,
attorneys and/or their representatives will not be allowed to
enter or exit the Visiting Room during official counts. Visits
should be scheduled accordingly to avoid unnecessary delays.
3.
Identification
To receive attorney entrance privileges, an individual must be
able to establish his or her status as an attorney by presenting
identification that verifies active membership in any state bar.
Excluding Legal Aid Society Federal Defender's, NY State
Attorneys are required to have a Secure Pass Identification card
for entrance. Upon notification that a NY State attorney is not
in possession of a Secure Pass, and upon approval from the Legal
Department, attorneys will be permitted to enter the institution
for 60 days from their date of approval without the Secure Pass.
If an attorney is licensed in a state other than New York,
he/she must contact the legal department at least 24 hours in
advance so that their status as an attorney in good standing may
be verified. Provided the Legal Department can verify the
attorney's status, the attorney will be added on a list located
in the lobby, authorizing the attorney's entrance for a one year
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period with government issued picture identification, such as a
drivers license. It is ultimately the attorney's responsibility
to establish his or her membership in a State Bar.
After completing the Notification to Visitor form, attorneys must
be processed through the metal detector, have their hand stamped
and sign the bound logbook before being allowed entry into the
institution. By signing the Notification to Visitor forms,
attorneys certify that they are not carrying firearms,
explosives, weapons, ammunition, metal cutting tools, recording
equipment, cellular phones, cameras, food items, narcotics,
marijuana, alcoholic beverages, prescription drugs or any other
item deemed contraband. All legal materials and briefcases will
be searched for contraband and processed through the fluoroscope.
Handbags, newspapers, portable telephones, and non-legal
materials are not permitted in the Visiting Room.
Official Visitors: Federal employees, including Assistant U.S.
Attorneys, law enforcement officers, U.S. Court officials, U.S.
Probation Officers, and Assistant Federal Public Defenders, will
be permitted to visit upon presentation of appropriate
identification. All visitors must present official
identification, sign in and out of the logbook, and pass through
the metal detector.
4.
Property Brought into the Visiting Room
Legal Material
An attorney may bring into the visiting room legal materials