N.Y. Comp. Codes R. & Regs. tit. 9 § 7031.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7031.2 - Access to legal counsel

(a) Consistent with the requirements of this Part, all prisoners shall have access to legal counsel. Such access shall include telephone communications and visits between prisoners and their legal counsel at times not unduly disruptive of facility routine.

(b) Visits or telephone communications between prisoners and their legal counsel shall not be monitored except visually.

(c) Visits or telephone communications between prisoners and their legal counsel shall not be considered compliance with or satisfaction of any:

(1) visitation a prisoner is entitled to pursuant to Part 7008 of this Subtitle or other applicable provisions of law; or

(2) telephone calls a prisoner may be entitled to pursuant to the provisions of any other part of this Subtitle or other applicable provisions of law.

(d) All prisoners shall be entitled to make that number of completed telephone calls necessary to contact and retain legal counsel. Indigent prisoners shall be entitled to make such calls at facility expense.

(e) Except as otherwise provided by law, long distance telephone calls for the purpose of retaining or consulting with legal counsel shall be made collect, except that, in the discretion of the chief administrative officer, arrangements may be made to permit prisoners to bear the cost of such calls or to allow such calls to be made at facility expense.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7031.2