What to Expect During an Attorney Video Conference at Northern State Prison: Privacy & Confidentiality

Under NJDOC videoconferencing rules, communications over the video link are treated as privileged, confidential, and private. The conversation is protected, not treated like a normal call or general program activity.

This protection covers what's said over the video link between the incarcerated person and outside agency personnel (or someone acting on their behalf). If the discussion is happening through the VTC connection, it's meant to stay between the parties involved.

NJDOC's confidentiality rules also limit who can be in the room or within earshot. No third person, including correctional officers, can be present during the VTC or close enough to overhear unless both the inmate and the attorney (or court officer) provide written authorization.

• ✓ If someone else needs to be present or close enough to hear the conversation, get written authorization first.
• ✓ The authorization must be acknowledged and signed off in writing by both the inmate and the inmate’s attorney (or the court officer).
• ✓ Without that two-party written authorization, no additional person, including correctional staff, is supposed to be present or within hearing distance.

1. Make sure the inmate is advised the VTC is confidential - A post officer (or designee) is responsible for ensuring the state-sentenced inmate has been told the videoconference is confidential.
2. Confirm the Inmate Consent Form is signed before the VTC - The same staff role must ensure the Inmate Consent Form is completed before the videoconference happens.

During the videoconference, the inmate is supposed to be alone in a specially constructed VTC booth or room. These spaces are designed to be sound-dampened so normal conversation can't be heard outside, and outside noise can't come in.

If there's any breach of these confidentiality provisions, the rules require written notification within 48 hours. Both the participating agency and NJDOC must be notified in writing within that window.

If documents need to be transmitted as part of the VTC process, each correctional facility has a fax machine. It's there so the inmate can receive incoming documents directly.