What Happens During a Legal Video Visit at East Jersey: Privacy, Documents, and What to Expect
Legal video visits let your loved one talk privately with their attorney, even through the prison's videoconferencing system. Here's how privacy is protected, what consent looks like, and how documents get handled during these sessions.
Attorney videoconferences are confidential. No third person - including correctional officers - can be present or within hearing distance during the call. The only exception: if both the inmate and their attorney (or a court officer) have authorized someone's presence in writing.
Note: On NJDOC’s VTC Request Form, attorney sessions are identified using the reason code “25. Client/Attorney Interview.” If anyone else is going to be present within hearing distance, that permission must be jointly authorized in writing by both the inmate and the attorney (or court officer).
Before a legal videoconference can happen, staff must inform the inmate that the session is confidential. The inmate then signs a consent form. This applies to all state-sentenced inmates.
- ✓ Confirm the VTC Request Form is submitted with the reason code “25. Client/Attorney Interview” for the session
- ✓ Make sure the inmate has signed the Inmate Consent Form before the legal VTC takes place
- ✓ Verify the session is set up as a private attorney-client videoconference (not a general interview type)
Need to share paperwork during the visit? NJDOC has that covered. Each facility's videoconferencing system includes a fax machine, so attorneys can send documents directly to the inmate during the session.
Limit: Inmates are not permitted to send fax transmissions out to other agency representatives.
- Plan to send documents in - if your attorney needs your loved one to review something during or around the VTC, they can use the facility’s VTC facsimile capability for incoming documents.
- Label the session correctly - using the “25. Client/Attorney Interview” reason code helps ensure the request is treated as an attorney-client videoconference.
- Build in a confirmation step - because the inmate can’t fax documents back out to agency representatives, your attorney should plan another way to confirm what was received and what follow-up is needed.
If confidentiality gets breached during a videoconference, it's taken seriously. The incident must be reported to the NJDOC Videoconferencing Coordinator within 48 hours for investigation and corrective action.
- ✓ Write down what happened (what was said or observed, and why you believe confidentiality was breached)
- ✓ Capture basic details: date, time, and who was involved
- ✓ Report the breach to the NJDOC Videoconferencing Coordinator within 48 hours
- ✓ Follow up as needed regarding the investigation and corrective action
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