What Happens If Your Attorney Can't Visit in Person: Understanding Non-Contact Attorney Visits

At South Woods (and other NJDOC facilities), contact attorney visits can be restricted when the facility administrator believes it would affect safety or orderly operations. This includes situations where the incarcerated person is acting out, is considered especially dangerous, or where the attorney or their representative is viewed as a security concern. Here's the key point: if a contact visit is denied, the facility is still expected to make efforts to provide a non-contact attorney visit. A denied contact visit should trigger a different format, not cut off attorney access entirely.

A non-contact attorney visit is an alternative format used when contact visits aren't allowed for safety or security reasons. Instead of meeting face-to-face in the same room, there's a physical separation between the incarcerated person and the attorney. You should expect a visit that still allows communication, but with tighter controls. If your attorney is working against a deadline, ask the facility as early as possible what non-contact arrangements are available. No one wants surprises on the day of the visit.

If an in-person contact visit is denied, ask about a videoconference. NJDOC runs a Videoconferencing Program for scheduling video appointments. Timing matters. VTC requests must be faxed to the appropriate institution and coordinator at least 48 hours before the requested day (not counting weekends and holidays). Waiting until the last minute can mean the difference between being seen this week or next. NJDOC Videoconferencing Program contact information: Videoconferencing Program, Office of Information Technology, New Jersey Department of Corrections, P.O. Box 863, Trenton, NJ 08625. Phone: 609-826-5642. Fax: 609-984-8284.

1. Ask whether a VTC can be scheduled - If a contact legal visit is denied, have the attorney ask what videoconference option is available and who coordinates it.
2. Get the correct fax destination - VTC requests must go to the appropriate institution and coordinator. Make sure your attorney has the right fax number for the location handling the appointment.
3. Fax the request on time - The request needs to be faxed at least 48 hours in advance, excluding weekends and holidays.
4. Use the right reason code - On the VTC Request Form, reason code 25 is used for a client/attorney interview.
5. Follow up if the schedule is tight - If the appointment is urgent, have the attorney confirm receipt after faxing and ask about the next available slot.

Sometimes the issue isn't contact versus non-contact. Under NJDOC visitation guidance, any attorney or attorney representative on a Departmental "banned" list is not permitted to visit at all. If your loved one suddenly can't meet with a particular attorney or representative, have the attorney's office confirm whether there's a restriction affecting that person's access. If so, the legal team may need to send a different representative or use another approved method to communicate.

Practical Tips Escalation

• ✓ Write down the date, time, and outcome each time an attorney visit (or alternative) is requested, including the reason given if one is provided
• ✓ Ask who the institution’s VTC point of contact or coordinator is for scheduling and where requests should be faxed
• ✓ Keep a copy of every VTC request that is faxed, along with any fax confirmation
• ✓ If the 48-hour window is going to be an issue, flag it immediately so the request can be sent early (weekends and holidays do not count toward the 48 hours)
• ✓ If scheduling is stalled, use NJDOC Videoconferencing Program contact information (phone and fax) to help route the request correctly

If the facility denies contact and the non-contact option is delayed or unclear, the fastest path is usually procedural. Confirm the correct institution and coordinator for the VTC request, fax it within the required timeline, then follow up through the coordinator or the NJDOC Videoconferencing Program contacts. Since NJDOC publishes a central phone and fax for the Videoconferencing Program (609-826-5642 and 609-984-8284), attorneys can use those to resolve routing issues when they can't get a clear answer locally.