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Confidentiality for a Videoconference
- In an effort to maintain confidentiality between an inmate and
all parties contacting him/her via video teleconferencing, a specially
constructed room will be available for the sole purpose of video
teleconferences. This room will be sound dampened and secured.
- Each inmate will have access to documents that are transmitted
to him/her via facsimile without interruption by NJDOC personnel
in the transmission of such documents. Transmitted documents will
be treated as confidential documents.
- Correctional Facilities or participating agencies cannot waive
the rights of the inmate with regard to any of his/her applicable
privileges or rights of confidentiality or due process as guaranteed
by the United States Constitution, the New Jersey Constitution,
or any applicable statute, rule, or court decision without the
consent of the inmate.
- All communications between the inmate and outside agency personnel,
or any person acting on behalf of the outside agency, made through
the video link shall be deemed privileged and confidential and
remain private.
- All parties agree that no third (or additional) person, including
any correctional officer, may be present during the inmate communication
made over the video link, or within hearing distance of the communication,
unless both the inmate and the inmate's attorney or the court
officer have acknowledged and authorized in writing such person
to be present.
- All parties agree that whenever there has been any breach of
the confidentiality provisions of this paragraph whether accidental
or planned, without regard to duration of time, the participating
agency shall be notified of the breach, in writing, within 48
hours of the event. In addition, the NJDOC shall also be notified
within 48 hours of any breach of confidentiality.
- The Correctional institution reserves the right to terminate
any videoconference in progress at the discretion of the post
officer whenever an inmate's behavior is deemed inappropriate,
or for just cause.
- The Correctional Institution reserves the right to terminate
or cancel all videoconferencing at the discretion of the institutional
administrator or his/her designee whenever security, staffing
or other situations require such action.
- A visual view panel or monitor that permits the videoconferencing
post officer to visually supervise the inmate shall be present
in all videoconferencing booths/rooms.
- Any violation of the confidentiality provisions could be grounds
for the termination of the Video Teleconferencing Program by any
of the parties.
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