NYC Prisons Move Toward
Video Calls Which Authorities Can Watch But
Not Press or Public
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
April 18 –
Amid the Coronavirus pandemic,
and as first reported
by Inner City Press prior to
promulgation, a procotol for
video conferencing with New
York prisons of the MCC, the
MDC in Brooklyn and the GEO /
cooperators' private prison in
Queens has emerged.
It does not
yet provide for press
and public access to video
feeds of court proceedings
under the CARES Act. Inner
City Press is publishing it
here:
"all three
facilities shall establish
dedicated hours to allow court
appearances by telephone and
video capability (hereinafter
referred to as
“videophone”).
It is understood
that both MCC and MDC are
currently working to increase
videophone capability, but
that access to inmates is
needed immediately.
Therefore, this protocol sets
forth for each facility one
plan to begin immediately, and
another plan to begin once the
videophone equipment is
expanded.
a. In the
MDC: MDC shall
accommodate up to three
one-hour court appearances in
the morning and at least six
half-hour attorney calls or
calls with Pretrial or
Probation in the afternoon and
evening per floor. Prior
to the expansion of videophone
capability, between the hours
of 9 AM and 12 noon Monday
through Friday one telephone
per floor of MDC shall be
dedicated for inmates to
appear in court proceedings.
Between the hours of 1 PM and
3:30 PM, two telephones per
floor will be used for
Probation and Pretrial
interviews and for attorney
calls. After the
expansion of videophone
capability, each of the floors
will be equipped with
videophone equipment, which
will be used for the court
appearances and non-court
calls, as discussed
above. The MDC will
ensure that the female
inmates, who are housed in a
separate building, either have
a dedicated videophone or can
be regularly brought to
elsewhere in the institution
for court proceedings and
non-court calls. Inmates
in the SHU will have the
telephone brought to their
cells, or they will be brought
to the SHU videoconferencing
room, for court proceedings
and for non-court calls.
b. In the
MCC: Prior to the
expansion of videophone
capability, the telephone in
the unit manager’s office in
each unit shall be dedicated
for inmates to participate in
three one hour court
proceedings in the morning and
up to four half-hour
attorney calls and Probation
and Pretrial interviews in the
afternoon between 1 PM and
3:30 PM. There is a unit
manager’s office equipped with
a telephone inside each of the
ten housing units at
MCC. After the expansion
of videophone capability,
eight of the units that have a
social visiting room attached
to them (which is all of the
units except Unit 3, which is
currently housing inmates in
isolation, and the women’s
unit) shall receive a
videophone that will be used
for court proceedings during
the morning and for Probation
and Pretrial interviews and
attorney calls in the
afternoon. MCC shall
accommodate up to three
one-hour court appearances in
the morning in each room and
up to four half-hour attorney
calls or calls with Pretrial
or Probation in the afternoon
in each room. The MCC
will either place a dedicated
videophone on the women’s unit
or ensure that the female
inmates have regular access to
another videophone in the
institution for court
proceedings and non-court
calls. Inmates in the
SHU will have a telephone
brought to their cells or be
brought to the counselor’s
office so that they can
participate in court
proceedings and have scheduled
non-court calls.
c. In GEO:
The GEO facility already has
two videoconferencing rooms
that it can dedicate to remote
court appearances in the
morning and attorney calls and
Probation and Pretrial
interviews in the
afternoon. GEO is not
expecting to receive
additional video conference
devices. At this time,
this equipment appears to be
sufficient to meet the needs
of court and counsel, but this
is subject to further review.
d. MDC, MCC, and GEO shall
keep a log that tracks all
attorney calls and Probation
and Pretrial interviews,
including when the call was
requested, when the call was
approved, whether the call was
attempted, whether the call
connected, and the approximate
length of each call.
4. After the
expansion of videoconference
capability at the MCC and MDC,
a private room on each floor
must be equipped with a
telephone, and a videophone to
the maximum extent possible,
in order to connect to an
AT&T Conference Call or
other Court provided
conference call number and to
the Court’s Cisco
Videoconference Bridge.
Assuming the technical details
can be worked out, the
videophone will be used so
that court appearances can be
facilitated through CourtCall
or Cisco Jabber. To the
extent possible, the court
conference will be conducted
pursuant to a conference call
platform that has the ability
to provide for both (i)
communication between the
inmate, the inmate’s counsel,
the court, the United States
Attorney, the Defendant, and
interpreter (if needed) and a
court reporter; and (ii)
private “breakout sessions”
between the inmate and the
inmate’s counsel. Should the
platform not have that
capability, the telephone must
be used to provide private
breakout sessions between the
inmate and counsel.
5. Corrections
staff may be present for all
public portions of the court
appearance. If the Court
permits a private conversation
between the inmate and his/her
attorney, BOP/GEO staff must
exit the room and close the
door but may remain outside in
a way that allows them to
visually monitor the inmate
for security reasons." We'll
have more on this - watch this
site.
***
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