US SB3850

Requires the Attorney General within 2 years to create or modify a system allowing incarcerated persons in Bureau of Prisons facilities to send and receive electronic communications with their attorneys that are protected from government monitoring

Defines "privileged electronic communication" as attorney-client communications and communications with legal representatives' agents (law clerks, investigators, paralegals, administrative staff)

Law enforcement may only access privileged communications with a warrant issued under Federal Rules of Criminal Procedure, requiring approval from a U.S. Attorney or Assistant Attorney General before applying

Requires a separate review by DOJ officials to determine if attorney-client privilege exceptions apply before investigators can view communications; officials who conduct this review are barred from participating in related prosecutions

Defendants may file motions to suppress evidence obtained from privileged communications accessed in violation of these protections; the Bureau of Prisons retains authority to verify attorney credentials and may continue monitoring non-privileged communications