How should detention staff handle incoming privileged mail from attorneys?

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The handling of incoming privileged mail, particularly from attorneys, requires adherence to specific protocols to respect the confidentiality associated with attorney-client communications. The correct approach involves opening and inspecting the mail in the inmate's presence. This procedure ensures that the staff can confirm the contents do not contain contraband while still maintaining the fundamental right of the inmate to communicate with their attorney confidentially.

By being present during the inspection, the inmate is aware that their privileged correspondence is not being unduly violated. This process balances the need for security with the legal rights of inmates to receive and send communications related to their legal matters. Therefore, this method upholds the integrity of the attorney-client relationship while also satisfying the facility's operational protocols.

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