Attachment 08 Virtual Attorney Visitation.pdf

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Attachment 8 – Virtual Attorney Visitation

The VAV program utilizes common web conferencing and videoconferencing applications to enable legal representatives to meet with their clients or prospective clients virtually using video technology in private rooms or booths to ensure confidentiality of communications during remote legal visits. VAV is not a substitute for in-person meetings, but it does provide an alternative for legal service providers to communicate with clients in a timely and efficient manner.

• The same guidelines in applicable ICE detention standards for in-person attorney/client visits will apply to virtual attorney client meetings and legal calls. Only legal representatives, legal assistants, and interpreters will be allowed; no family or friends of the clients are permitted. The attorney and/or his/her agents may contact outside interpretation services during the call or session. To ensure confidentiality of communications between detained non-citizens and legal representatives, the existing visitation officer shall maintain safety and security for all detained non-citizens/residents utilizing VAV. The officer shall be stationed outside of the confidential room, standing out of earshot, but within view to assist with any issues that may arise.

• Service provider shall identify private rooms or booths in the facility for VAV to be available in accordance with each facility’s legal visitation hours (but at least eight (8) hours per day on weekdays and 4 hours per day on weekends and holidays in accordance with ICE detention standards). Phone booths should be soundproofed to at least the 30-35 decibel (dB) level to keep VAV conversations private.

• VAV rooms or booths must have closeable doors and the Service Provider should ensure visibility of detainees through windowed doors or other alternatives to ensure safety, while still maintaining confidentiality of the attorney-client communication Booths should be detention grade. Features of a detention grade secure video visitation booth (SVVB) include seating (e.g. a stool, bench, chair, or desk integration [optional]), hardware-agnostic video mount and chase, LED lighting, acoustic paneling, visibility windows, and a ceiling of heavy-duty security caging for HVAC and fire suppression access.

• The Service Provider shall have at least two telephones and a network line per station, with one telephone jack, a FAX-compliant plain old telephone service (POTS) line, and a VTC line.

• When not being utilized for legal visitation, these booths may be used for asylum interviews, credible fear interviews, forensic competency evaluations, or immigration judge (IJ) review hearings. VAV deliverables will not be apply in these situations.

The VAV program shall be operational within 3 months of contract award/modification to include purchase and installation of equipment, training of staff, implementation of VAV procedures, and policy updates. The vendor shall provide bi-weekly updates to the COR and CO until finalization of the project.

If additional time is needed for delivery, the vendor should immediately contact the CO to negotiate an updated delivery and price. Please note that if the vendor does not meet the agreed upon delivery date and fail to provide an excusable delay, ICE will reduce the overall price of the price by 1% for each week the project is delayed.

Deliverables:

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All deliverables listed below shall be submitted to the Contracting Officer Representative (COR) within 2 months of contract award for review and approval:

• The service provider shall create and implement procedures, in writing, through which legal representatives can utilize an online scheduling system to verify legal representatives and schedule legal visits or confidential legal calls. The procedures shall be added to the posted Legal Visitation Rules for each facility and be made available to the COR for posting on the facility webpage on www.ICE.gov.

• The service provider shall appropriately staff the online scheduling system to ensure timely scheduling and response to requests.

• The service provider shall create and implement procedures, in writing, through which detained individuals and legal representatives may exchange confidential and non-confidential messages (such as the use of a dedicated email box or electronic messaging platforms). The service provider shall send written procedures to the ERO COR for posting on the facility webpage on www.ICE.gov.

• The service provider shall create and implement procedures, in writing, through which detained individuals and legal representatives may exchange confidential documents, via electronic means (e.g., facsimile or email), such as to obtain signatures. The service provider shall send written procedures to the ERO COR for posting on the facility webpage on www.ICE.gov.

The service provider shall maintain a usage log of the VAV and provide this to the ERO COR and the VAV-Usage-Logs@ice.dhs.gov mailbox on a monthly basis. The usage log shall be provided using Microsoft Excel and include the following data elements:

• 1) Name of detainee and A#

• 2) Name of legal representative

• 3) Length of Call

• 4) Wait time (if applicable)

• 5) Interpreter Needed (if applicable)

• 6) Interpreter Language (if applicable)

All procedures and or manuals shall be provided to the COR for review annually.

The service provider shall notify ICE if the scheduling process changes, in advance of the changes taking effect.

mailto:VAV-Usage-Logs@ice.dhs.gov