1. (a) Material the confidentiality of which is protected by attorney-client privilege shall be, nevertheless, subject to some inspection, as outlined below, to ensure the absence of contraband. The interest of persons under departmental control and patients of the SPU and attorneys in maintaining the confidentiality necessary to effectuate legal representation shall be accommodated to the maximum extent possible consistent with the facility's need to ensure internal security.
2. (b) Prior to entering a departmental facility, all visiting attorneys and other persons designated in writing by the attorney as his or her agent, such as paralegals, law clerks, or private investigators, shall be required to certify in writing that no written or other contraband is contained in any material brought into the facility by the attorney or the attorney’s agent.
3. (c) Prior to entering a departmental facility, all visiting attorneys and other persons designated in writing by the attorney as his or her agent, such as paralegals, law clerks, or private investigators, shall submit their persons and all books, briefcases, folders, files, or other containers of whatever description being carried by them to a search by the appropriate officer.
4. (d) Prior to any search, the attorney or his or her agent shall designate which materials in his or her possession, if any, are subject to an attorney/client privilege of confidentiality.
5. (e) The inspecting officer shall search all material except that designated as coming within the scope of attorney/client privilege. Material designated as privileged shall only be inspected in a manner detailed in (f) below and in the immediate presence of the visiting attorney or the attorney’s agent.
6. (f) The inspecting officer shall not scrutinize any material designated as privileged for textual contraband. Rather, the attorney shall place the privileged material or file face down or text side down on a flat surface designated by the officer. The officer shall then by touching or mechanical means inspect the privileged material to ensure the absence of concealed physical contraband other than textual contraband. Such inspection shall include a page-by-page separation of and pat down of the privileged written material provided the inspected material is examined text side down and in the presence of the visiting attorney. The attorney shall ensure that no attempt to read any confidential material occurs, and shall report any suspected violation to the warden or his or her agent immediately. The warden or his or her agent shall initiate immediate and appropriate administrative action against any officer violating any provision of this rule.
7. (g) The procedures set out herein pertaining to the inspection of privileged material sought to be introduced into a facility shall also be applicable to privileged material upon departure from the facility.
8. (h) Inspected legal material may be given to the person under departmental control or patient of the SPU client during the visit.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Cor 300) #12502, eff 3-23-18