Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions
Section 486.07 - Identification and Security Requirements

(1) Upon entry into an institution, an attorney shall be required to present a valid bar membership card and one other piece of government-issued photographic identification if requested to do so by institution personnel. No other identification shall be required. When completing the Massachusetts Department of Correction Request to Visit Inmate Form, an attorney may provide his/her office address, in place of a home address.

(2) Upon entry into an institution, a law student, paralegal, private investigator and/or interpreter shall be required to present identification if requested to do so by institutional personnel. That identification shall include one piece of government-issued photographic identification. In addition, an interpreter shall provide verification of being screened and/or certified by the Massachusetts Trial Court Office of Court Interpreter Services. A private investigator shall provide verification of his or her active licensing or, verification of employment if exempt from said licensing requirements pursuant to M.G.L. c. 147, § 23. A law student, paralegal or private investigator who is not accompanying an attorney shall also provide a letter of introduction from his or her supervising attorney or, in the case of a private investigator, verification of pro se litigation, or a Court Order of appointment. The letter of introduction shall include the full name and office or school address of the law student, paralegal, or private investigator, and the supervising attorney's business name, office address, Board of Bar Overseers number, and telephone number. The Court Order shall have the court name, a legal caption and docket number. No other identification shall be required.

(3) Attorneys, law students, paralegals, private investigators, and interpreters shall be subject to all Departmental regulations and institutional policies governing visitors, not directly in conflict with 103 CMR 486.00.

(4) All attorneys entering an institution shall be subject to a metal detection scan. Such a scan shall initially consist of passing through a fixed metal detector or hand-held scanner depending upon which is in use by the particular institution. If the attorney successfully passes through the metal detector or hand-held scanner, he or she shall be allowed to enter the institution without further search.

(5) Should an attorney fail to pass through a fixed metal detector or hand-held scanner successfully, he or she shall be subject to a second scan by a fixed metal detector or hand-held scanner. If the attorney successfully passes this second scan, he or she shall be allowed to enter the institution without further search.

(6) Should a secondary metal detection scan performed under 103 CMR 486.07(5) continue to indicate the presence of a metal object on the attorney's person, the correction officer conducting the scan shall inquire as to the cause of the interference. After the inquiry, the attorney shall be allowed to enter without further search, unless the correction officer has a reasonable suspicion of the presence of contraband on the attorney's person. If the correction officer has a reasonable suspicion of the presence of contraband the attorney shall be afforded the opportunity to consent in writing to a pat down search, to leave the institution, or to request a non-contact visit with the inmate. If requested, a non-contact visit shall be afforded.

(7) Before any pat down search of an attorney is performed, a correction officer shall communicate to the shift commander the reasons for requesting the search. Pat down searches may take place only with the approval of the shift commander or such other person as the superintendent may designate.

(8) Whenever a correction officer requests a pat down search of an attorney the correction officer shall file, prior to the end of the officer's shift, an incident report citing the specific, articulable facts and circumstances supporting the request and the results of the request. If a pat down search of the individual occurs, the consent shall be recorded by the attorney signing a log book kept for that purpose. The attorney shall also be provided with a written receipt documenting his/her consent to a pat down search, which receipt shall be signed and dated by both the attorney and the correction officer. A copy of said receipt shall be kept by the institution. In addition, the details of the pat down search shall be included in the incident report filed pursuant to 103 CMR 486.07(6), and shall also be filed with the superintendent prior to the end of the officer's shift. Said details shall include, but not be limited to: the name of the attorney searched; the name of the searching officer and of the shift commander or superintendent's designee who approved the search; the extent of the search; what, if anything, was found; and any subsequent action taken based on the results of the search.

(9) Where probable cause exists to believe that a crime has been or is being committed by an attorney, law student, paralegal, private investigator, or interpreter on the grounds of an institution, arrest and prosecution of the suspected offender may be initiated pursuant to usual criminal procedure.

(10) Whenever an attorney is refused permission to enter an institution, the Commissioner and/or the General Counsel shall be notified of such action by the institution superintendent or a designee within 24 hours of the incident.