WHAT ATTORNEYS NEED TO KNOW ABOUT COMMUNICATING WITH CLIENTS WHO ARE INCARCERATED IN THE ILLINOIS Department of Juvenile Justice
All youths in the Illinois Department of Juvenile Justice are allowed to accept confidential mail communications from their attorneys. Additionally, with advance notification, private visiting arrangements can be made for attorneys on the youth's visiting list. General population youths may make collect calls to their attorneys on monitored phone lines for non-confidential communications. However, arrangements for unmonitored phone calls between attorneys and clients is an exception provided on a case-by-case basis. Unmonitored calls are generally only approved if other means of communicating are not adequate and the facility is able to accommodate the call.
In determining whether the facility will make arrangements for an unmonitored phone call, the Department will take into account court deadlines, which, if missed, could prejudice the client's legal interest.
The general rules on legal mail, visits, and phone calls are set forth in the Department Rule 525. (See 20 ILAC 525). The following clarifying information is intended to help you communicate with your client.
LEGAL MAIL :
All youths may receive privileged communications from their attorneys. Attorneys should be aware of the following procedures:
- On the outside of the envelope, clearly mark privileged mail as "Legal" or "Privileged" and put your name, title and return address.
- Legal mail may only contain communications from the person whose name is on the outside of the envelope. Including third party correspondence or sending non-legal correspondence as privileged mail is prohibited. Non-legal correspondence may be sent as regular mail subject to inspection.
- Incoming legal mail shall be opened in the presence of the committed person to whom it is addressed to inspect for contraband, to verify the identity of the sender, and to determine that nothing other than legal matter is enclosed.
- The Department will not accept faxed communications on behalf of youths.
ATTORNEY/CLIENT VISITS :
Attorneys who are visiting as family members or friends of youths will be subject to the same monitored visiting policy as other visitors. However, if you are visiting a youth in an attorney/client capacity, private attorney/client visits with adult youths will be provided subject to the following rules:
- The youth must put the attorney on his visiting list. Additionally, the youth must list the relationship as "attorney." If your firm's or agency's name (i.e. Cook County Public Defender, State Appellate Defender) is listed with your name on the youth's visiting list, your associate attorneys and 711 law students (Supreme Court Rule 711 certification) working with you will also be allowed to visit provided they furnish proof of their affiliation with your law firm or agency. A law student must submit proof of 711 certification and a written statement signed by you that he or she is working under your supervision and giving the name of the youth to whom he or she is authorized to visit. The other alternative is that the youth may list each individual separately.
- Absent security issues, IDJJ will make an exception for an attorney recently appointed by the court. A court appointed attorney who is not on the approved visiting list will be allowed to visit within the first 30 days of the appointment if the attorney presents the court's order of appointment at the time of the visit and the youth agrees to the visit.
- Investigators, law students (other than those listed in Paragraph #1 above), and paralegals must be on the youth's visiting list and present a written statement signed by you stating they are working under your supervision and giving the name of the youth with whom they are authorized to visit.
- Attorneys should call the facility at least two days in advance to make special visiting room arrangements. The number of special visiting rooms is limited and there is competition for scheduling these rooms.
- All visits at the closed maximum security Tamms Correctional Center are non-contact. All visits with youths in segregation status or as otherwise required by law are non-contact. See 730 ILCS 5/3-7-2(f).
- Information about your client's location and visiting hours is available on the IDJJ web site at www.idjj.state.il.us.
- All visitors and vehicles entering facility grounds are subject to search. Please refer to 720 ILCS 5/31A-1.1 for a list of items regarded as contraband, such as electronic equipment (cell phones, computers, pagers, etc.), alcohol, firearms, knives, and other weapons.
- Visitors are not allowed to bring money, food, smoking materials, telephones, pagers, or packages into the main facility. It is recommended that items of value be left at home or locked in the car.
- Visitors are required to present two pieces of identification, either of which should include a photo, date of birth, current address and social security number. Attorneys are also required to present their current ARDC card.
- Visitation may be temporarily suspended during an institutional lockdown. You may wish to contact the facility prior to departure to confirm that your client has not been transferred and that visitation has not been suspended.
- Violation of the rules may result in restriction of future visits and, where appropriate, referral for criminal prosecution.
Attorneys who arrive at a facility and are not on the youth's visiting list will be turned away. It may take a few days to get the visiting list paperwork processed once your client initiates it. Therefore, IDJJ recommends that you contact your client by mail and ask him to put you on his visiting list right away. Have your client list the relationship as "attorney." If you are associated with a firm or agency, remind the youth to list your firm's or agency's name along with your name.
PHONE CALLS :
Only outgoing collect calls are permitted. No three way telephone connections nor transfers are permitted. All telephone calls are subject to monitoring and recording unless prior special arrangements have been made. Telephone privileges are granted in accordance with the youth's institutional status. Phone calls may be temporarily restricted if the facility or a portion of the facility is on lockdown status. Youths in the closed maximum security Tamms Correctional Center are not permitted general telephone use pursuant to Department Rule 505. See 20 ILAC 505.80. Also phone calls for youths in segregation status are restricted pursuant to Department Rule 504. See 20 ILAC 504.620(q). Youths who are under new criminal charges or being involuntarily transferred to a mental health setting are allowed a reasonable number of telephone calls to seek/obtain legal representation regardless of the individual's institutional status. See 20 ILAC 525.150 (Department Rule 525) and 20 ILAC 503.150 (Department Rule 503).
If you wish to talk with your client regarding non-confidential procedural matters such as court dates, arranging visits, or court decisions, write to him and ask him to call you collect on the monitored phone lines available to youths.
However, in the rare instance in which you must have an unmonitored communication with your client and written communications will not suffice and uncontrollable constraints prevent you from visiting, the following procedures must be followed to obtain an unmonitored phone call with your client:
- The request must be in writing from the attorney at least 36 hours in advance (absent extraordinary circumstances).
- The request must contain the following information:
a) The youth's name and IDJJ identification number;
b) The date when the call may be scheduled and a two hour window of time during which the attorney is available to accept the call;
c) The name and telephone number of the attorney to whom the collect call is to be made;
d) A brief description of the matter, including the case name, case number and court in which the attorney is representing the youth;
e) An explanation as to why the matter cannot be handled through mail or personal visit; and
f) An explanation regarding any existing extraordinary circumstances.
- If the attorney is unable to provide the above information and objects to the denial of the phone call, he or she will be asked to complete an affidavit furnished by the facility. The attorney will be asked to attest to the reason(s) alternative communications are not an adequate substitute for the unmonitored phone call, attest that the client's legal interests will be prejudiced by denial of the phone call and to provide the attorney's registration number. The Chief Administrative Officer will make the final decision regarding the phone call request.
- Requests for attorney calls and affidavits may be mailed to the facility or faxed.
- It is not always possible to acknowledge requests for legal calls upon receipt. However, the requestor will be notified if the request will or will not be accommodated.
- Calls will be limited to 30 minutes absent extraordinary circumstances that are approved in advance by the Chief Administrative Officer.
- Attorneys should advise their staff who answer the telephone to accept the call and to further ensure that the office has no block on collect calls through the telephone company. Neither three way telephone connections nor transfers are permitted.
CONDEMNED UNIT PHONE CALLS RELATED TO A DEATH SENTENCE :
Condemned unit youths will be afforded telephone access to the attorneys who represent or provide legal advice or assistance to them in their criminal case, criminal appeal, post conviction petition, petition for certiorari, habeas corpus action, petition for relief from judgment, clemency petition or other legal challenge to their death sentence as follows:
- Youths must designate the name, address and phone number of the attorneys who represent them in these matters. The Capital Litigation Division or private attorney may be asked to provide written verification that they are working on these matters on behalf of the youth.
- Youths will have telephone access to these attorneys on unmonitored phone lines. There will be no limit on the number of collect telephone calls made, except at Tamms where they shall be limited to two (2) per month, absent an emergency.
- Calls will be limited to 30 minutes each.
- No three way telephone connections nor transfers are permitted.
If you have any further questions regarding attorney/client communications with youths, you may contact IDJJ directly either at the facility where your client is housed or at IDJJ Legal Services in Chicago at 312-814-3017.