Because prisons have been locked down due to COVID-19 or because it is difficult, at times, to get in and out due to staff shortages and quarantines, I have been using the telephone to communicate with some of my clients. Should I be doing that?
The answer is probably not. Unless the client/inmate has been taken to the social worker’s office and the phone calls are from there, or from the law library, most phone calls are monitored and recorded by the prison. In fact, many prisons have warnings that come on every three or four minutes and oftentimes say or note that the conversation is being monitored and recorded. District attorneys love to subpoena in-prison phone call records, particularly on a major trial.
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