Prison Visitation Policies: A Fifty State Survey, Boudin, 2012
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Prison Visitation Policies: A Fifty State Survey November 20121 TABLE OF CONTENTS Introduction ................................................................................................................................. 1 Part I. Methodology..................................................................................................................... 3 Part II: Key Findings ................................................................................................................... 6 Part III: Overnight Family Visits and Virtual Visitation .......................................................... 19 A. Overnight Family Visits ............................................................................................ 19 B. Virtual Visitation ....................................................................................................... 24 Part IV: Next Steps for Potential Research Projects ................................................................. 32 1 Chesa Boudin is a 2011 graduate of the Yale Law School. Trevor Stutz is a 2012 graduate of the Yale Law School. Aaron Littman is a member of the Yale Law School class of 2014. The authors thank the Liman Program at Yale Law School and Judith Resnik, Hope Metcalf, Fiona Doherty, Nina Rabin, and Sia Sanneh for their supervision. We thank the directors of the Departments of Corrections of all fifty states for their time and effort in providing us with information about their inmate visitation policies that was not available on the departments’ websites. That assistance was facilitated by the Association of State Correctional Administrators and in particular by President Ashbel T. Wall, II, Director of the Rhode Island Department of Corrections, who provided constructive guidance throughout our research. We also express our appreciation to the Association’s staff – particularly Co-Executive Director George Camp, and Senior Associate Wayne Choinski – who were instrumental in making the entire data collection process so successful. Finally, many generously read and commented on early drafts: Brett Dignam, David Fathi, Philip Genty, David Menschel, Chief Administrative Law Judge Brenda Murray, Myrna Raeder, and Michael Wald. Electronic copy available at: http://ssrn.com/abstract=2171412 Chesa Boudin, Trevor Stutz & Aaron Littman INTRODUCTION This memorandum presents a summary of the findings from a survey of prison visitation policies in the fifty states and in the system run by the Federal Bureau of Prisons (“BOP”). We embarked on the project with two primary goals. First, we wanted to provide for relatively easy state-by-state comparisons across a group of common visitation-related categories. Second, we hoped to identify similarities and differences across states in the categories we tracked. In practice, these two goals tended to converge because many of the variations warranted their own categories in the spreadsheet we used to present the data. We also discovered some significant issues that did not lend themselves to neat or easy comparisons. Thus, in addition to the attached spreadsheet, this memo provides a summary of our key findings, analyses, and areas for further research. The lives of prisoners and their families are deeply affected by visitation policies and, to date, there has been no comprehensive effort to compare these policies across all of the fifty states.2 We believe the dataset presented here is the first of its kind to explore the contours of how prison administrators use their discretion in prescribing visitation policies. This comparative analysis has many uses, both in identifying best practices and in uncovering policies that warrant concern as a matter of law or policy. 2 Fifty state surveys exist in related areas. See, e.g., LEGAL ACTION CENTER, AFTER PRISON: ROADBLOCKS TO REENTRY (2004) (comparing barriers to reentry from prison); NAT’L INST. OF CORR., U.S. DEP’T OF JUSTICE, SERVICES FOR FAMILIES OF PRISON INMATES (2002) (surveying the services available for families of prisoners), available at http://www.nicic.org/pubs/2002/017272.pdf; BRENDA V. SMITH, FIFTY STATE SURVEY OF STATE CRIMINAL LAWS, PROHIBITING THE SEXUAL ABUSE OF INDIVIDUALS UNDER CUSTODIAL SUPERVISION (2008) (documenting policies preventing sexual abuse in prisons). Note, too, that in 2002 the Department of Justice and the National Institute of Corrections sent out a survey to the Department of Corrections for all fifty states with questions about initiatives related to families of inmates. See Jade S. Laughlin, Bruce A. Arrigo, Kristie R. Blevins & Charisse T. M. Coston, Incarcerated Mothers and Child Visitation: A Law, Social Science, and Policy Perspective, 19 CRIM. JUST. POL’Y REV. 215, 225-26 (2008). Prison Visitation Policies: A Fifty State Survey Electronic copy available at: http://ssrn.com/abstract=2171412 1 Chesa Boudin, Trevor Stutz & Aaron Littman Comparative analysis of visiting is particularly important given that the contours of prison visitation are determined almost exclusively by administrative discretion, unconstrained except at the margins by judicial interference. The Supreme Court and other federal courts have been largely deferential to prison administrators, granting them wide latitude generally, and in the realm of visitation regulations specifically.3 As a result, decisions made by corrections officials are among the primary determinants of whether and how inmates are able to maintain relationships with their parents, spouses, siblings, and children. Recent studies show that visitation is strongly correlated with decreased recidivism and improved penological outcomes.4 Visitors often represent the only contact inmates have with the world outside the prison walls, to which they will most likely return after serving out their sentences; the strength of the connections inmates maintain with their communities may depend substantially on visitation regulations promulgated by administrators. The nearly unrestrained discretion officials have in crafting and implementing prison visitation regulations makes clear how consequential these policy choices are, both to inmates’ experiences of incarceration and to the success of the correctional enterprise. This memo is organized as follows. Part I describes the methodology we employed and discusses the challenges and limitations of our research. Part II provides our key substantive findings, beginning with broad observations about the similarities and differences across the fifty states, and then discussing specific highlights of the data in several key areas. Part III provides a 3 See Overton v. Bazzetta, 539 U.S. 126 (2003) (holding unanimously that a ban on visits by minors and a restriction on visits for inmates with substance abuse violations violated neither the Fourteenth Amendment due process clause, the Eighth Amendment prohibition on cruel and unusual punishment, or the inmates’ right to freedom of association under the First Amendment, on the grounds that both regulations were, as required under the four-part standard for evaluating challenges to conditions of confinement articulated in Turner v. Saffley, 482 U.S. 78, 89 (1987), “reasonably related to legitimate penological interests”). 4 See, e.g., Grant Duwe & Valerie Clark, Blessed be the social tie that binds: The effects of prison visitation on offender recidivism, 20 CRIM. JUST. POL’Y REV. 1 (2011) (finding that visitation significantly decreased the risk of recidivism). Prison Visitation Policies: A Fifty State Survey Electronic copy available at: http://ssrn.com/abstract=2171412 2 Chesa Boudin, Trevor Stutz & Aaron Littman detailed description of two sub-policy areas within visitation regulations that raise particularly complex and specialized considerations: virtual visitation and overnight family (also called “conjugal” or “extended”) visitation. Finally, Part IV outlines possible next steps for research on this topic. PART I. METHODOLOGY A. Sources of Data Three layers of rules govern prison visitation. The first two - administrative regulations (often general grants of rulemaking authority to correctional administrators) and policy directives (more detailed rules promulgated by those administrators) – apply to the state system as a whole. Facility-specific rules, which form the third layer, vary considerably, and are usually the most detailed, although they do not always cover the full scope of visitation policies.5 We began by reviewing the websites for the Department of Corrections (“DOC”) for each of the fifty states and the federal BOP. We found that some websites contained direct links to the various departmental policy directives, others only gave thumbnail sketches of their visitation policies, and others had little or no information available on topic. Some of these websites also included visitor “handbooks.”6 5 For the purposes of this memo a “regulation” or “administrative regulation” is the code promulgated pursuant to each state’s administrative law procedures. A “policy directive” is a list of policies promulgated and signed by the head of the DOC or his / her designee. Throughout this memo, we differentiate between policy directives and administrative regulations, although this distinction can at times be murky, since jurisdictions do not always use the same terminology when referring to the policies that guide their discretion. Often, the policy directives closely track the language in the regulation. 6 Visitor handbooks or rules on the website are primarily informational, and not binding. Where available, handbooks provide a range of information about visitation policies and procedures in plain English rather than legalese. Often the handbooks closely track the policy directives or the regulations. Handbooks are issued both statewide, for an entire prison system, and by individual facilities. We considered the statewide ones only. Prison Visitation Policies: A Fifty State Survey 3 Chesa Boudin, Trevor Stutz & Aaron Littman We compiled copies of all the available policy directives, regulations, and any other materials directly related to visitation that were available online. Roughly half of the jurisdictions have administrative regulations available on Westlaw;7 the vast majority of jurisdictions have policy directives. Where a directive was not available online, we contacted DOCs through the Association of State Corrections Administrators (ASCA), which counts as its members corrections directors from every state. ASCA sent its members a draft of this report, including a spreadsheet, and solicited feedback. We received valuable updates from more than half of the departments; most of the others responded to confirm that we had accurately represented their most recent policies. Through this process, we were able to obtain information about the visitation policies of all fifty state prison systems and the BOP.8 We chose to focus our review at the level of policy directives for several reasons.9 First, the directives articulate policy more comprehensively than institution-specific rules,10 and in much more detail than most regulations. They also contain the DOC’s policy rationale for and philosophy of visitation. While we missed out on some variation between facilities within each of the jurisdictions, this approach allowed us to develop an understanding of visitation policies 7 See Prison Visitation Regulations Spreadsheet, Column F (attached). We also acquired some administrative regulations that were not available on Westlaw directly from the DOCs. 8 As of 2005, the last time comprehensive data was collected, there were 1,190 confinement (as opposed to community-based) correctional facilities operated under state authority (including private facilities), and 102 operated under federal authority. JAMES J. STEPHEN, BUREAU OF JUSTICE STATISTICS, CENSUS OF STATE AND FEDERAL CORRECTIONAL FACILITIES, 2005, BUREAU OF JUSTICE STATISTICS 10 tbl.2 (2008). This data set does not map perfectly onto ours, but the match is close, since it excludes facilities like city, county and regional jails, military facilities and immigration detention centers, which are not under the authority of state DOCs. 9 While we relied principally on policy directives, we included information from administrative regulations for states where information was different or more detailed. Although administrative regulations are generally less specific, some are quite detailed, and so we considered these. Five states (FL, IL, OR, UT, VT) rely exclusively on such regulations rather than policy directives. 10 Institution-specific rules proved too numerous, inaccessible, and subject to change for productive study, given our limited time and resources. We do reference institution-specific policies in the more detailed discussions of family and video visitation, infra Part III. Prison Visitation Policies: A Fifty State Survey 4 Chesa Boudin, Trevor Stutz & Aaron Littman across the nation in a manageable way. Second, we focused on policy directives because they are most amenable to systemic assessment, and, if necessary, reform. Policy directives are issued by a single, common entity – the director of the state’s DOC. Each policy directive is issued and signed by the state director and governs all facilities, with some amount of discretion left up to each facility’s warden. Amending policy directives may be the most pragmatic approach to advancing policy goals, because it is likely easier to amend a policy directive than it is to change state-level regulations. Additionally, amendment or replacement of policy directives would likely have a broader and more lasting impact than changing practices at a single facility. B. Methodological Limitations This methodology yields data that are limited in several ways. First, our analysis does not provide a picture of how each of the numerous provisions is actually implemented, institution by institution. Disparities between policy and practice might occur for any number of reasons, including variation in the inmate populations housed within different facilities, locations of the facilities, physical infrastructure and staffing capacity, and attitudes towards visitation held by management and officers. Conducting case studies to see how policies work in practice would add valuable nuance to this study. On-the-ground research will, we hope, be the next stage of our project. Second, this survey does not account for distinctions among particular prison populations. One key sub-group is female prisoners, who may be affected differently than male prisoners by visitation rules. Security classification also likely has a significant impact on how prisoners are permitted visitation. These key differences, which could be a rich area for future research, are rarely accounted for adequately by the categories we tracked in policy directives. Prison Visitation Policies: A Fifty State Survey 5 Chesa Boudin, Trevor Stutz & Aaron Littman Third, in order to create data points for comparison, we organized our review into several categories. The policy directives and regulations, however, range from a few to dozens of pages and contain a disparate breadth and depth of information, and hence did not always fit neatly into the categories we used. Our review necessarily left much more to do. Based on our initial review of the policy directives, we chose categories to target issues that came up frequently, for which there was a wide range of responses, or that presented important questions. We also chose to delve more deeply into two areas that both potentially provide greater access to and alter the experience of visitation: overnight family visitation and virtual visitation. PART II: KEY FINDINGS In this section, we offer observations about the similarities and differences the data revealed between and across jurisdictions. We then provide a more detailed summary of the key findings on several specific aspects of visitation policies. While most of the factual information in this section is also presented in the spreadsheet, the discussion that follows provides additional analysis and, in synthesizing the data, provides a context in which to place the policies of any particular state. A. Overview of Key Findings This Part reviews the main findings from our survey, organized thematically. It includes both summary statistics and illustrative examples. Institutional Authority Over Visitation Prison Visitation Policies: A Fifty State Survey 6 Chesa Boudin, Trevor Stutz & Aaron Littman Forty-six jurisdictions had DOC policy directives – policies promulgated by the head of the DOC. All of the five states that lacked policy directives (FL, IL, OR, UT, VT) followed an administrative regulation and or had written policies on the department website. Number and Duration of Visits Thirty jurisdictions promote or encourage visitation at the outset of their policy directives or regulations. (BOP, AK, AR, CA, CO, GA, HI, ID, IN, IA, LA, MD, MN, MO, MT, NH, NJ, NM, NY, OH, OK, OR, RI, SC, TX, UT, VT, VA, WA, WY). For example, in Alaska, “[t]he Department encourages prisoner visitation because strong family and community ties increase the likelihood of a prisoner’s success after release. Visitation is subject only to the limitations in this policy and as necessary to protect persons and maintain order and security in the institution.”11 However, these states are not necessarily the ones in which visitation is most liberally permitted, and indeed some have policies that severely limit visitation.12 Twenty-eight jurisdictions have a floor for the minimum number of days or hours visitation must be made available (AK, AR, CA, CT, FL, GA, KS, KY, LA, MD, MA, MN, MS, MO, NM, NY, NC, ND, OR, PA, RI, SC, TN, TX, UT, VA, WI, WY). For example, in Georgia, “[a] minimum of SIX (6) hours shall be allotted each day for visitation periods on Saturdays, Sundays and holidays. Normally, there will be no restrictions placed on the length of visits during the facility’s established visitation periods.”13 11 Alaska Dep’t Corr. Policy 810.02 VI.A. A number of other jurisdictions explained in communication with us that their correctional philosophy does recognize the value of visitation; we have included in this count only those states that articulate this in an official policy document. 13 Ga. Dep’t of Corr. Policy IIB01-0005.VI.C.1. 12 Prison Visitation Policies: A Fifty State Survey 7 Chesa Boudin, Trevor Stutz & Aaron Littman Several other states provide for ceilings to visitation hours. Oregon allows only one visit per day per visitor on weekends and holidays;14 Utah allows no more than two hours per visit per day. Overall, New York State’s maximum security prisons provide perhaps the most welcoming visitation policy, allowing for up to six hour visits 365 days per year and overnight conjugal visits approximately every two months, while North Carolina is perhaps the most restrictive, establishing a ceiling of no more than one visit per week of up to two hours (plus legal and clergy visits). Inmate Eligibility for Visits Twenty-two jurisdictions specify that offenders at different security classifications will be subject to limits on visitation (AR, AZ, CA CT, DE, MA, MN, MS, NH, NJ, NM, NY, NC, OK, PA, SC, TN, TX, UT, VT, VA, WA). In addition to security classification, several states indicate special provisions for sex offenders, limiting the ability of minors to visit. Many jurisdictions note that though the policy directives do not limit visitation based on inmate classifications, individual facilities will determine their own specific rules. In most states that differentiate based on security classification, higher security inmates are allowed fewer visiting opportunities. In Oklahoma, for example, maximum security inmates are given up to four hours per week of visitation, while minimum security inmates get up to eight hours per week. Likewise, Mississippi’s regulations state that Long-Term Administrative Segregation Status offenders are allowed only “[o]ne (1) hour non-contact visit on the 2nd Monday in the last month of each 14 Under this system, inmates are given a number of points per month to spend on visits. Weekend and holiday visits deduct two points per visitor per session (only one session per day is allowed for any given visitor), weekday visits deduct one point per visitor per session (two sessions per day are allowed for any given visitor), and visits with minor children do not deduct any points. Or. Admin. Rule 291-127-0250. Prison Visitation Policies: A Fifty State Survey 8 Chesa Boudin, Trevor Stutz & Aaron Littman quarter with any approved visitor on their visitation list.”15 In contrast, New York is the only state that provides more visitation opportunities, and more flexible timing of visits, to inmates in higher security settings.16 In general, higher security inmates and those in segregation within the prison may face additional barriers to visitation, such as requirements of ‘no-contact’ visits. Georgia, however, has a specific provision to allow visitation to inmates in the most restrictive custody.17 Additionally, prisoners may be temporarily or permanently banned from visits for disciplinary violations. Michigan enforces a mandatory permanent ban on visiting in some circumstances,18 and new regulations in New York introduce harsher penalties for inmate misconduct, including a 15 Miss. Dep’t of Corr. Policy 31-03-01. “At maximum security facilities, visiting is allowed every day of the year and at hours intended to encourage maximum visitation. At medium and minimum facilities, visiting is allowed on weekends and holidays only. At Work Release facilities, only inmates held in restriction status shall be allowed visitors.” N.Y. Dep’t of Corr. Policy 4403.III.A. 17 “K. Special Visitation Requirements: 1. Protective custody and administrative segregation inmates shall in general have the same rights to visitation as general population inmates unless this is not feasible. Non-feasibility must be documented. An example would include inmates with documented assaultive and destructive behavior.” Ga. Dep’t of Corr. Policy IIB01-0005.VI.K.1. 18 These two provisions in combinations seem to effectuate a permanent ban: “Except as set forth in Paragraph AAA, the Director may restrict all of a prisoner’s visits if the prisoner is convicted or found guilty of any of the following: 1. A felony or misdemeanor that occurred during a visit. 2. A major misconduct violation that occurred during a visit or was associated with a visit. 3. Escape, attempted escape, or conspiracy to escape. 4. Two or more violations of the major misconduct charge of substance abuse for behavior that occurred on or after January 1, 2007, which do not arise from the same incident. This includes failure to submit to substance abuse testing.” Mich. Dep’t. of Corr. Policy 5.03.140.XX. “The Director may remove a restriction upon written request of the Warden or the restricted prisoner, subject to the following: 1. The restriction shall not be removed if it is based on a felony or misdemeanor that occurred during a visit or if it is based on an escape, attempted escape, or conspiracy to escape associated with a visit.” Mich. Dep’t. of Corr. Policy 5.03.140.BBB. 16 Prison Visitation Policies: A Fifty State Survey 9 Chesa Boudin, Trevor Stutz & Aaron Littman six-month to year-long suspension of all visiting privileges for any drug-related charges, whether stemming from a visit or not.19 Approval of Visitors Thirty-two jurisdictions limit the number of visitors an inmate may have on an approved visiting list;20 Pennsylvania allows the longest visitor list (40) and South Dakota the shortest (two plus immediate family). In contrast, California affirmatively places no limit on the number of approved visitors: “Limitations shall not be placed on the number of visitors approved to visit an inmate.”21 Many states allow a visitor to be on only one inmate’s approved visitors list, unless a visitor has multiple immediate family members incarcerated. In Connecticut, “[n]o visitor, except an immediate family member, shall be on more than one (1) inmate’s visiting list at the same facility (i.e., to visit two or more inmates at the same facility, the visitor must be an immediate family member to all the inmates on whose list the visitor is on). This requirement may be waived at the discretion of the Unit Administrator.”22 In Maine, “[v]isitors shall not be approved to be placed on the approved visitor list of more than one prisoner within a facility, unless they are members of the immediate family (spouse, natural, foster or adoptive mother, father, son, daughter, grandfather or grandmother, grandchild, brother or sister, or stepmother, 19 N.Y. DEP’T OF CORR., VISITING PROGRAM GUIDELINES, available at http://www.doccs.ny.gov/PressRel/2012/Visiting_Program_Guidelines_20121001.pdf. 20 AL: 8, AR: 20; AZ: 20, CO: 12 plus minor children, CT: 5-10 depending on security classification, FL: 15 plus children under twelve, GA: 12, IN: 10 family and 2 friends, IA: 4 plus immediate family, KS: 20 with restrictions on higher security classifications, KY: 3 plus immediate family, LA: 10, MD: 15, MI: 10 plus immediate family, MN: 24, MS: 10 plus children, MO: 20, NH: 20 plus immediate family, NM: 15, NC: 18, OH: 15, OK: 6 plus immediate family, OR: 20, RI: 9, SC: 15, TN: 8 plus immediate family, TX: 10, WI: 12 plus children, WY: 10 plus children. 21 Calif. Dep’t of Corr., Operations & Rehabilitation Manual 54020.18. 22 Conn. Dep’t of Corr. Policy 10.6.4.A.4.b. Prison Visitation Policies: A Fifty State Survey 10 Chesa Boudin, Trevor Stutz & Aaron Littman stepfather, stepson, stepdaughter, stepgrandfather or stepgrandmother, stepgrandchild or stepbrother or stepsister) of more than one prisoner.”23 States vary in their policies for adding and removing visitors to the “approved visitors” list. In some cases, such as North Carolina and Wisconsin, they provide opportunities to add or remove visitors from the list only every six months. Tennessee requires a visitor taken off one inmate’s list to wait a full year prior to appearing on another inmate’s list. Utah requires that all visitors reapply every year to stay on an inmate’s visitors list. Exclusion of Visitors Almost every jurisdiction excludes some categories of visitors, often former felons. Sometimes these restrictions bar former felons from ever visiting. Idaho denies anyone who has a felony conviction, or arrest within the last five years or a misdemeanor drug arrest within last two years. Michigan restricts from visiting “a prisoner or a former prisoner in any jurisdiction. However, a prisoner or former prisoner who is an immediate family member may be placed on the prisoner’s approved visitors list with prior approval of the Warden of the facility where the visit will occur.”24 Hawaii, by contrast, specifically allows former felons to visit inmates, as do Massachusetts and Vermont.25 New Jersey26 and Nebraska are the only states that explicitly provide for inmate-to-inmate visitation in their written policies. States require various levels of background checks for visitors, ranging from nothing to a detailed criminal history check. 23 Me. Dep’t of Corr. Policy 21.4.VI.B.7. Mich. Dep’t. of Corr. Policy 5.03.140.J.2. 25 “No group of persons, such as parolees or ex-offenders may be excluded from visiting residents solely because of their status.” Vt. Admin. Code 12-8-22:966. 26 “Visits shall be permitted between incarcerated relatives that are incarcerated in facilities under the jurisdiction of the New Jersey Department of Corrections. [Conditions and limitations follow.]” N.J. Admin. Code 10A: 18-6.6. 24 Prison Visitation Policies: A Fifty State Survey 11 Chesa Boudin, Trevor Stutz & Aaron Littman Many states do not allow victims to visit inmates. In Indiana, “[v]ictims generally shall not be allowed to visit offenders, unless the visit is for therapeutic reasons and a therapist has requested the visit and will be a part of the visit.”27 Several jurisdictions have highly specific, and sometimes unique, rules excluding other categories of visitors. The BOP only allows visits from people inmates knew prior to their incarceration.28 Oklahoma prohibits married inmates from receiving visits from friends of the opposite gender.29 Washington is the only state to explicitly require, in its written policy directive, non-citizens who wish to visit to provide proof of their legal status in the US,30 although Arkansas and Kentucky require visitors to include a social security number on the visiting information form.31 Utah prohibits visitors from speaking any language besides English.32 Searches and Behavior of Visitors Forty-one jurisdictions specify, with varying levels of detail, the search procedures for visitors (BOP, AL, AK, AR, AZ, CA, CO, CT, DE, FL, GA, ID, IL, IN, KS, LA, MD, MA, MN, MS, MO, MT, NH, NJ, NM, NY, NC, ND, OK, OR, PA, RI, SC, TN, TX, UT, VA, WA, WV, WI, WY). In some cases searches may extend to vehicles and to body cavities of visitors. 27 Ind. Dep’t of Corr. Policy 02-01-102.IX. “The visiting privilege ordinarily will be extended to friends and associates having an established relationship with the inmate prior to confinement, unless such visits could reasonably create a threat to the security and good order of the institution. Exceptions to the prior relationship rule may be made, particularly for inmates without other visitors, when it is shown that the proposed visitor is reliable and poses no threat to the security or good order of the institution. Regardless of the institution’s security level, the inmate must have known the proposed visitor(s) prior to incarceration. The Warden must approve any exception to this requirement.” CFR § 540.44.c. 29 “If the offender is married, no person of the opposite gender may be added as a ‘friend’ on the approved visiting list.” Okla. Dep’t of Corr. Policy 030118 add. 01.A. 30 “Persons who are not United States (U.S.) citizens must provide proof of legal entry into the U.S. Aliens require documentation to visit. [List of acceptable documentation follows.]” Wash. Dep’t of Corr. Policy 450.300.IH. 31 Ark. Dep't of Corr. Policy 11-49. Attach. 1; Ky. Corr. Policy 16.1.II.D.2(b). 32 The DOC website provides a list of rules for visitors including: “All visits will be conducted in English.” Visiting Rules, UTAH DEP’T OF CORR., http://corrections.utah.gov/visitation_facilities/visiting_rules.html (last visited Oct. 10, 2012). 28 Prison Visitation Policies: A Fifty State Survey 12 Chesa Boudin, Trevor Stutz & Aaron Littman Various additional methods of search are specified. For example, in Arizona, “[a]ll visitors and their possessions are subject to physical search by staff, electronic metal detection devices, barrier sniff screening (Narcotics Detection) by a Department Service Dog, and/or Ion Scanning. . . . All vehicles on Department property are subject to search.”33 In some cases, the refusal to submit to a more intrusive search bars entrance to the facility, and can be a cause for sanctions. In Georgia, “[i]f a person refuses to be searched, an incident report will be completed and this could be cause for removal from the inmate’s approved visitor list.”34 Pennsylvania, however, prohibits its correctional officers from conducting pat or strip searches of incoming visitors. Several states also have noteworthy policies controlling what visitors can wear or bring with them into the prison. Tennessee’s visitor dress code specifically requires visitors to wear undergarments but prohibits “thong and water brassieres.”35 Many policy directives limit displays of physical affection. In New Hampshire, “[p]hysical contact and displays of affection will be kept within bounds of decorum with hugging and kissing allowed only at start and end of visits for 15 seconds or less,”36 and in Kentucky, “[a]n inmate in the regular visiting area shall be allowed brief physical contact (example: holding hands, kissing, and embracing). This contact shall be permitted within the bounds of good taste and only at the beginning and end of the visit.”37 Children Visiting 33 Ariz. Dep’t of Corr. Policy 911.03.1.1.1. Ga. Dep’t of Corr. Policy IIB01-0005.VI.J.7. 35 Tenn. Dep’t of Corr. Policy 507.01.VI.M.1.b. 36 N.H. Dep’t of Corr. Policy 7.09.IV.N.1.d.). 37 Ky. Corr. Policy 16.1.II.H.1. 34 Prison Visitation Policies: A Fifty State Survey 13 Chesa Boudin, Trevor Stutz & Aaron Littman Some states have in place policy directives pertaining to minor visitors. Many provide for the termination of visits if children cannot be controlled.38 New Hampshire prohibits all toys from the visiting room.39 At the opposite end of the spectrum, some states, like Washington, provide for child-friendly visiting rooms, including toys, games and rule enforcement sensitive to children.40 Maine has a specific provision to ensure that minors can visit.41 Extended Visits Nearly all states offer some form of extended daytime visit, and some offer overnight family visits. These visits look different in each jurisdiction, however, as there is no consistent length of time allotted for an “extended” visit, and there is no consistent definition of “family” for the purposes of overnight visit eligibility – in some cases, this category includes only children (of a certain age) or only spouses (and sometimes domestic partners), while in others it includes all immediate family members and legal guardians. Forty-seven jurisdictions provide for “Special Visitation,” which in most instances specifically includes visitors who have traveled a great distance to the prison (BOP, AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, 38 See, e.g., Tex. Dep’t of Crim. Just. Policy I-218.3.14.1. “Although children are allowed in the visiting room, no toys are allowed.” N.H. Dep’t of Corr. Policy 7.09.IV.I.3. 40 “Visit rooms will provide toys and games suitable for interaction by family members of all ages[;] rule enforcement will be sensitive to visitors, particularly children.” Wash. Dep’t of Corr. Policy 450.300.I.A.1(a). Georgia’s women’s prison also has a separate visiting room for children, called the Children’s Center. 41 “Visits by Minors. Each facility shall ensure that minors (persons under 18 years of age, unless married or emancipated by court order) are permitted to visit prisoners, unless the minor is on the prisoner’s Prohibited Visitor List. A minor visitor must have an application completed on their behalf and must be accompanied at the visit by an immediate family member or legal guardian who is an adult (persons 18 years of age or older, married, or emancipated by court order). An adult who is not an immediate family member or legal guardian may also be allowed to bring in a minor visitor with the written permission of the parent(s) having legal custody or the legal guardian of the minor and with the prior approval of the Chief Administrative Officer, or designee. A professional visitor from the Department of Health and Human Services may also be allowed to bring in a minor visitor with the prior approval of the Chief Administrative Officer, or designee.” Me. Dep’t of Corr. Policy 21.4.VI.H. 39 Prison Visitation Policies: A Fifty State Survey 14 Chesa Boudin, Trevor Stutz & Aaron Littman MS, MO, MT, NE, NH, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, VA, WA, WV, WI, WY). In Iowa, for example, “[t]he Warden/Superintendent or designee may permit special visits not otherwise provided for in this policy. These may include, but are not limited to, extended visits for close family members traveling extended distances, immediate visits for close relatives or friends about to leave the area, visits necessary to straighten out critical personal affairs, and other visits for similar reasons.”42 A number of states exempt visitors who have traveled long distances from early visit termination due to overcrowding. Nine jurisdictions allow for overnight family visits (CA, CO, CT, MS, NB, NM, NY, SD, WA). California provides for “Family Visiting” in great detail. Connecticut offers “Extended Family Visit. A prolonged visit between an inmate and specified immediate family member(s), and/or a legal guardian, in a designated secure area separate from the inmate population.”43 However, family visitation is not currently operational in any Connecticut facilities.44 Only Mississippi refers to these visits as “conjugal” visits. Nebraska only allows for overnight visits in one women's facility, and only for children under age six.45 According to communication with the Director of the DOC, Colorado also has overnight visits in its women’s prison, though its official policy directives do not mention this. Though not in its formal policy, South Dakota also provides for weekend-long visits for incarcerated mothers and their children, “intended to alleviate some of the familial stress associated with the mother’s incarceration, create a better 42 Iowa Dep’t of Corr. Policy 5.IV.J.2. Conn. Dep’t of Corr. Policy 10.6.5.E. 44 This information has been confirmed with the director of ASCA and with family members of CT inmates. 45 See Nebraska Correctional Center for Women, NEB. DEP’T OF CORR. SERVS., http://www.corrections.nebraska.gov/nccw.html (last visited Oct. 10, 2012). 43 Prison Visitation Policies: A Fifty State Survey 15 Chesa Boudin, Trevor Stutz & Aaron Littman understanding of the parent role, and provide the opportunity of the inmate mother to maintain some direct responsibility for the care of her children.”46 Virtual Visits At least eighteen jurisdictions have some form of virtual (video) visitation (AK, CO, FL, GA, ID, IN, LA, MN, MO, NJ, NM, NY, OH, OR, PA, VA, WA, WI). Indiana and Wisconsin allow video visitation where the inmate is not allowed other forms of visitation, on a temporary or permanent basis. New Mexico and Pennsylvania, by contrast, allow for video visitation as a supplement to, rather than a replacement for, other forms of visitation. Alaska, Colorado, Georgia, Louisiana, New Jersey, New York and Ohio reported that they also have programs, many of which are limited in scope and/or privately operated, but these programs do not appear in their policy directives or regulations. The Alaska program is only for inmates at a contract facility in Colorado, and it is run by that contractor and the Tanana Chiefs Conference; the Colorado program likewise applies to only one facility; the Georgia program is being piloted by JPay in women’s facilities; the New York program is facilitated, in part, by the Osborne Association; the Ohio program operates in four facilities; and the Virginia program has recently expanded from one facility to ten and is now incorporated into its official state-level policy. Oregon explicitly permits video visitation in its policy documents but has decided to allow access to video interactive phones and cover the related policy directives as part of their administrative phone rule. Oregon will offer video interactive phone calls at all institutions after piloting the concept at the two located most 46 South Dakota Dep’t. of Corr., South Dakota Women’s Prison, available at: http://doc.sd.gov/adult/facilities/wp/mip.aspx. Prison Visitation Policies: A Fifty State Survey 16 Chesa Boudin, Trevor Stutz & Aaron Littman remotely from population centers. Florida, Idaho, Missouri and Washington also have limited programs that do not appear in their policy directive or regulations.47 B. Similarities and Differences Across the Fifty States Substantial consistency and significant commonalities exist across all the jurisdictions surveyed. All states have some provisions for prison visitation; all states screen visitors and place limitations on who can visit and when, and all states provide a substantial level of discretion to each prison’s warden or superintendent in implementing the policy directives. Reading through the various policy directives, administrative regulations, and visitation codes makes clear that all DOCs treat visitation as a privilege, not a right. In most of the policies reviewed, DOCs note that inmates are not entitled to visits.48 However, some jurisdictions generally restrict visitation, while other states specifically encourage and promote visitation as a core part of the rehabilitation process. While the various state policies exist on a continuum, these extremes symbolize divergent policy approaches to visitation and suggest key questions for further exploration: Do states that promote and encourage visitation have better or worse outcomes in terms of institutional security or recidivism rates? To what extent, if any, does the general attitude towards visitation articulated in policy directives correlate with actual visitation policy? Does it correlate with other related policies in the jurisdiction, such as family law provisions preserving or dissolving custodial relationships when parents or children are incarcerated? 47 See PATRICK DOYLE, CAMILLE FORDY & AARON HAIGHT, VERMONT LEGISLATIVE RESEARCH SERVICE, PRISON VIDEO CONFERENCING 3 (2011), available at http://www.uvm.edu/~vlrs/CriminalJusticeandCorrections/prison%20video%20conferencing.pdf. 48 The Supreme Court held in Overton v. Bazetta, 539 U.S. 126, 136-37 (2003), that bans on all visitation for two years following an inmate’s second substance-abuse violation did not violate the Eighth Amendment, although it noted that “indefinite withdrawal of visitation or dential of procedural safeguards” might not also pass muster. Prison Visitation Policies: A Fifty State Survey 17 Chesa Boudin, Trevor Stutz & Aaron Littman The differences between states’ visitation policies are also revealing. First, limits on visitation are often justified in terms of security, which may lead one to expect consistent policies across jurisdictions. We do not know why similar security concerns yield widely variant statewide policies. Jurisdictions evaluate security in different ways in different contexts, so we need to learn more about policy in practice in order to understand this variation. No clear regional, geographic, or political trends appear to explain variation in policies. One might expect that certain policies – for example, overnight family visits – would exist in a state or group of states with certain common characteristics. Instead, the states in each category we examined do not appear to have much in common. The eight states that allow for overnight family visits, for example, are not from any one or even two geographic regions, and it is unclear what else of significance California, Colorado, Connecticut, Mississippi, Nebraska, New Mexico, New York, and Washington have in common. Further, while the states often serve as laboratories of policy experimentation, one might expect some harmonization of best practices. If there has been such a harmonization or crosspollination process, it is not apparent in several key areas. For example, North Carolina allows just one visit per week for a maximum of two hours, while New York allows its maximumsecurity offenders 365 days of visiting. While South Dakota allows only two people (plus family members) to be placed on an inmate’s list of approved visitors, California allows inmates to list an unlimited number of visitors. It would be useful to know more about how these policies are developed and revised, both procedurally and substantively. What resources and which stakeholders are consulted when policy directives are drafted or updated? What prompts the issuance of new policies? Prison Visitation Policies: A Fifty State Survey 18 Chesa Boudin, Trevor Stutz & Aaron Littman PART III: OVERNIGHT FAMILY VISITS AND VIRTUAL VISITATION Two particular types of visitation stood out in our research as worthy of additional focus: overnight family visits and virtual visits. These forms of visitation are extremes – overnight family visits that allow for the most intimate of human contact, and virtual video visits that allow for secure visitation without contact and across great distances. Both kinds of visits are present in a minority of states. Overnight family visits have existed for approximately 100 years in at least one state, while virtual visitation only became technologically feasible in recent years. Yet both of these forms of visitation present opportunities and risks from the perspective of prison safety on the one hand, and the rights of inmates and their families on the other. In short, these cutting edge topics make for an excellent point of departure for the research that will hopefully flow from our dataset. These subsections will describe the policies that currently exist, and then discuss some potential costs and benefits of each. A. Overnight Family Visits While most prisons limit visiting to specially designated rooms under close supervision by correctional officers, several states allow for overnight family visits. Specifically, the policy directives in six states (CA, CT, MS, NM, NY, WA)49 allow for some sort of overnight family visit. Some other states, such as Colorado, Nebraska, and South Dakota, provide for extended family visitation in some facilities, even though this program is not mentioned explicitly in their policy directives or regulations. Others, such as Tennessee, allow for outdoor visits including cooking and picnicking in lower security classifications, or longer visits with family in 49 See also Kacy E. Wiggum, Defining Family in American Prisons, 30 WOMEN’S RTS. L. REP. 357, 357 (2009). Prison Visitation Policies: A Fifty State Survey 19 Chesa Boudin, Trevor Stutz & Aaron Littman supervised visitation rooms, but do not provide for overnight visiting. This section describes the range of policies in those few states that address the issue of overnight visiting in their policy directives, as well as the costs and benefits of these rare programs. California’s “Family Visitation” program is described in the Department of Corrections and Rehabilitation Code.50 Participating correctional facilities allow for overnight visitation,51 and provide the inmates and their families with all the necessary accommodations, except for food, at no cost. Only those visitors meeting the statutory definition of “immediate family” are allowed to participate in the program.52 Inmates convicted of sex offenses or violent offenses involving minors are barred from participating in the program, as is a broader class of inmates with extremely long sentences (e.g. life without parole). Connecticut’s “Extended Family Visitation” program is described in the general visitation policy directive. The program is defined as “[a] prolonged visit between an inmate and specified immediate family member(s), and/or a legal guardian, in a designated secure area separate from the inmate population.” All inmates wishing to participate in the program must be tested for tuberculosis and other unspecified contagious diseases. The policy directive does not provide many details but allows each facility offering the program to develop local rules.53 Mississippi does not have a policy directive, but the DOC website briefly mentions “conjugal visitation” as being available only for married inmates. These visits are not referred to 50 Title 15, § 3177 Note that the regulations do not stipulate the length of visits. 52 This definition includes domestic partners. 53 Note that the CT DOC does not, in practice, currently have any facilities that allow for overnight visitation. See supra note 43. 51 Prison Visitation Policies: A Fifty State Survey 20 Chesa Boudin, Trevor Stutz & Aaron Littman either as a “program” or as having any relationship to “family.” This form of visitation has been in continual existence for nearly a hundred years.54 New Mexico’s policy directive provides for “family visits” defined as “extended visit[s] between eligible inmates and their families where physical contact is allowed. Visits are conducted in the Family Visitation units,” and the DOC provides all of the necessary accommodations in mobile or modular homes. These visits are generally limited to spouses and children of inmates. The goal of the program is to “promote family stability, encourage participation in programming, and enhance the reintegration/rehabilitation process.”55 The DOC charges a fee to defray all costs associated with the family visit.56 Access to the program is limited by type of conviction, disciplinary status, and security classification. New Mexico has a detailed list of eligibility requirements that must be met prior to approval of a family visit and varying by the inmate’s sentence. For example, all inmates eligible for family visit must request, schedule, and receive a family visit counseling session with medical staff before the family visit is allowed to take place. Information about the inmates’ health may be communicated to his or her family prior to a family visit. In addition, inmates and their spouses are encouraged to use prophylactic devices when engaging in sexual activity, and condoms are available upon request. 54 Christopher Hensley, Sandra Rutland & Phyllis Gray-Ray, Inmate Attitudes Toward the Conjugal Visitation Program in Mississippi Prisons: An Exploratory Study, 25 AM. J. CRIM. JUST. 137 (2000); COLUMBUS B. HOPPER, SEX IN PRISON: THE MISSISSIPPI EXPERIMENT WITH CONJUGAL VISITING (1969). 55 Note that New Mexico has two directives on point: one is a general family visit program directive and the other is specific for female inmates. It appears from the language of the directives that there is a female specific program that is designed to allow children of female inmates to visit overnight though a program administered by a contractor. There is also a more general program – though it is unclear if this program is male only – that allows spouses, family, and children to visit overnight. While this gender distinction may accurately reflect the reality of who visits whom and which inmates are likely to be actively engaged in parenting from prison, the gender distinction also raises significant concerns. Compare N.M. Dep’t of Corr. Policy CD-100205 with N.M. Dep’t of Corr. Policy CD-100202. 56 Fees range from $10 to $30. Prison Visitation Policies: A Fifty State Survey 21 Chesa Boudin, Trevor Stutz & Aaron Littman The family visit program is highly structured and divided into three phases. Phase I consists of 6-hour family visits. Phase II consists of 12-hour family visits. Finally, Phase III consists of 24-hour family visits, but only those inmates who have successfully completed Phases I and II and are within one year of a projected release or discharge date may apply for Phase III visits. New York’s Family Reunion Program “is designed to provide approved inmates and their families the opportunity to meet for an extended period of time in privacy. The goal of the program is to preserve, enhance, and strengthen family ties that have been disrupted as a result of incarceration.”57 Only those inmates on good behavior and with active participation in prison programming will have access to the Family Reunion visits. Some prisoners may be denied the privilege of participating on the basis of their convictions or security statuses. Only immediate family members (including partners in same-sex marriages and civil unions) may visit, and they may only use the Family Reunion Program once they have “established a recent visiting pattern” in regular visiting rooms. The policy directive defines this as at least three regular visits over the preceding twelve months, although this requirement may be waived. The New York policy directive provides explanations of the program, including the application process, the punishment for violations (for example, testing positive for drug use), contagious disease testing and prevention, and the various forms used in administering the program. Most of the state policy directives do not provide enough detail for a meaningful comparison of overnight family visitation programs. Without knowing how many individual prisons actually offer the overnight visitation programs within each state, and how many inmates are eligible, it is difficult even to compare the sizes of the programs. However, the relative rarity of these programs was, in itself, notable; we wondered why more overnight family visitation 57 N.Y. Dep’t of Corr. Policy 4500. Prison Visitation Policies: A Fifty State Survey 22 Chesa Boudin, Trevor Stutz & Aaron Littman programs do not exist around the country. Family visitation programs could be costly, because they would require institutions to construct modular or mobile homes, and secure them within appropriate fencing or walls. Allowing inmates, some of whom may be violent offenders, to have unsupervised visits over extended periods of time may present certain risks, including the potential for physical violence and smuggling of contraband. Contagious diseases may be spread, and female inmates may become pregnant, increasing medical costs for the state. On the other hand, those states that do have family visitation programs maintain them, and other states might consider making the investment, given their apparent positive impact on offender behavior. As far back as 1980, studies showed positive outcomes from participation in family visitation.58 Participation in such programs could be a powerful incentive for good inmate behavior (if its revocation effectively disincentives inmate misconduct), and the strengthened family ties that result may ease the transition home upon release.59 Allowing conjugal visitation may also decrease sexual violence within prisons.60 Family members and children who visit and 58 See, e.g., D. G. MACDONALD & D. KELLY, NAT’L INST. OF JUSTICE, FOLLOW-UP SURVEY OF POST-RELEASE CRIMINAL BEHAVIOR OF PARTICIPANTS IN FAMILY REUNION PROGRAM 1 (1980) (finding that inmates who had participated in overnight visiting programs with their families were as much as 67 percent less likely to recidivate). 59 Studies evaluating the impact of family connections on recidivism have consistently found a strong positive effect. See MINN. DEP’T OF CORR., THE EFFECTS OF PRISON VISITATION ON OFFENDER RECIDIVISM (2011) (noting that visits from former romantic partners were not, however, correlated with reduced recidivism), available at http://www.doc.state.mn.us/publications/documents/11-11MNPrisonVisitationStudy.pdf; see also NANCY G. LA VIGNE, CHRISTY VISHER & JENNIFER CASTRO, URBAN INSTITUTE, CHICAGO PRISONERS’ EXPERIENCES RETURNING HOME 8-9 (2004), available at http://www.urban.org/UploadedPDF/311115_ChicagoPrisoners.pdf; MARTA NELSON, PERRY DEESS & CHARLOTTE ALLEN, VERA INSTITUTE OF JUSTICE, THE FIRST MONTH OUT: POSTINCARCERATION EXPERIENCES IN NEW YORK CITY 8-13 (1999), available at http://www.vera.org/download?file=219/first_month_out.pdf; CHRISTY VISHER, VERA KACHNOWSKI, NANCY LA VIGNE & JEREMY TRAVIS, URBAN INSTITUTE, BALTIMORE PRISONERS’ EXPERIENCES RETURNING HOME, available at http://www.urban.org/UploadedPDF/310946_BaltimorePrisoners.pdf; William D. Bales & Daniel P. Mears, Inmate Social Ties and the Transition to Society: Does Visitation Reduce Recidivism?, 45 J. RES. CRIME & DELINQ. 287 (2008); Rebecca L. Naser & Christy Visher, Family Members’ Experiences with Incarceration and Reentry, 7 W. CRIMINOLOGY REV. 20 (2006). 60 See Stewart J. D’Alessio, Jamie Flexon & Lisa Stolzenberg, The Effect of Conjugal Visitation on Sexual Violence in Prison, AM. J. CRIM. JUST. (2012) (finding that after controlling for a variety of likely determinants of prison rape, the rate of inmate-on-inmate sexual violence was approximately four times lower – a statistically significant finding – in states with conjugal visitation programs than in those without), available at Prison Visitation Policies: A Fifty State Survey 23 Chesa Boudin, Trevor Stutz & Aaron Littman are thus able to build and sustain more meaningful relationships with their incarcerated parent or family member may benefit tremendously. Indeed, more generally, the positive impact of visitation on visiting family and on inmates has been well documented.61 But to reap these benefits, DOCs must be willing to invest the resources to establish, maintain, and administer family visitation programs, and also to take on the liability that inevitably comes with extended, unsupervised visits. Finally, political obstacles to developing family visitation programs in other states might include the difficulty of appropriating funds for prison programing, especially in times of widespread budget deficits. Overnight visitation programs may be particularly subject to attack as insufficiently punitive. Thus, before arguing for expansion into other jurisdictions, policy advocacy in this area may have to begin by justifying those programs that exist. B. Virtual Visitation Virtual visitation has been implemented in a limited number of states, either to enable visitation where long distance is a barrier or to enhance security where a contact visit presents safety concerns. Many inmates are incarcerated far away from friends and family; sheer distance http://www.prearesourcecenter.org/sites/default/files/library/theeffectofconjugalvisitation.pdf; see also Rachel Wyatt, Note, Male Rape in U.S. Prisons: Are Conjugal Visits the Answer?, 37 CASE W. RES. J. INT’L L. 579 (2006). 61 See CHILDREN WITH PARENTS IN PRISON: CHILD WELFARE POLICY, PROGRAM, & PRACTICE ISSUES 13 (Cynthia Seymour & Creasie Finney Hairston eds., 2001); Denise Johnston, Parent–Child Visitation in the Jail or Prison, in CHILDREN OF INCARCERATED PARENTS (Katherine Gabel & Denise Johnston eds., 1995) 135; Joseph Murray & David P. Farrington, The Effects of Parental Imprisonment on Children, 37 CRIME & JUST. 133 (2008) (reviewing literature and citing studies); Christy Visher & Jeremy Travis, Transitions from Prison to Community: Understanding Individual Pathways, 29 ANN. REV. SOC. 89, 100 (2003); Note, On Prisoners and Parenting: Preserving the Tie That Binds, 87 YALE L.J. 1408 (1978) (arguing that facilitating child–parent bonds in the context of incarceration is in the interests of the children); see also STEVE CHRISTIAN, NAT’L CONFERENCE OF STATE LEGISLATURES, CHILDREN OF INCARCERATED PARENTS 1, 13 (2009) (suggesting that visitation may be a crucial part of breaking intergenerational cycles of incarceration), available at http://www.cga.ct.gov/COC/PDFs/fatherhood/NCSL_ChildrenOfIncarceratedParents_0309.pdf. Prison Visitation Policies: A Fifty State Survey 24 Chesa Boudin, Trevor Stutz & Aaron Littman serves as a major barrier to visitation.62 Some inmates are incarcerated out of state due to a lack of prison bed space or inadequate facilities for housing specific offenders, or because out-of-state facilities are more cost-effective than in-state facilities. Other inmates are housed within their home states, but still hundreds of miles from their homes (for example, New York City residents housed in upstate New York). From a security standpoint, in-person visitation presents a number of acknowledged concerns, among them the potential to exchange contraband or to engage in dangerous conduct. These programs generally, although not always, charge inmates and their visitors money. DOCs may also pay to install and operate virtual visitation facilities, both in correctional institutions and in the centers where visitors come to use the system. In assessing the value of virtual visitation programs for inmates, visitors, and institutions, it will be important to compare the costs of these visits to each party to the costs of contact visits and phone calls.63 In the last decade, several private vendors have developed technologies that facilitate virtual visits over web-based or closed-circuit cameras.64 One company, JPay, has developed electronic kiosks installed in prison facilities that allow inmates to participate in video visits with 62 For example, sixty-two percent of parents in state correctional facilities and eighty-four percent of parents in federal facilities were incarcerated more than one hundred miles from their place of residence at arrest; only fifteen percent of parents in state facilities and about five percent of parents in the federal system were within fifty miles of their place of residence at arrest. SARAH SCHIRMER, ASHLEY NELLIS, & MARC MAUER, THE SENTENCING PROJECT, INCARCERATED PARENTS AND THEIR CHILDREN: TRENDS 1991–2007, at 8 (2009), available at http://www.sentencingproject.org/doc/publications/publications/inc_incarceratedparents.pdf. See also Susan D. Phillips, Video Visits for Children Whose Parents Are Incarcerated: In Whose Best Interest? (2012), available at http://www.sentencingproject.org/doc/publications/cc_video_visitation_white_paper.pdf. 63 Phone calls from prisons are often very expensive, as a result of additional security technologies and because facility operators receive revenues from the phone companies that operate these systems. See Todd Shields, Prison Phones Prove Captive Market for Private Equity, BLOOMBERG, Oct. 4, 2012, http://www.bloomberg.com/news/2012-10-04/prison-phones-prove-captive-market-for-private-equity.html. 64 In addition to JPay, Primonics, Inc. has created a “TeleCorrections” system to “reduce the need for physical visits” to jail facilities. See Press Release, Primonics, Westchester County Department of Corrections Selects Primonics’ Televisit Corrections Solution (Mar. 6, 2009) (promoting its product as cost-saving for Westchester County, New York’s jail system), http://www.corrections.com/vendor/show_press/15701. Prison Visitation Policies: A Fifty State Survey 25 Chesa Boudin, Trevor Stutz & Aaron Littman friends and family using a personal computer. JPay advertises the service as “reduc[ing] traffic at the facilities and sav[ing] friends and family the cost of traveling to and from the facilities. Video visitation also facilitates a reduction in inmate movement; thereby increasing security within the facility.”65 Private industry will likely play a continued role in promoting this form of visitation. Private vendors stand to gain from expanding their market. Companies like JPay will profit from installing access points for inmates, charging visitors and inmates for using the service, and potentially even from including advertising on the video feeds.66 The oldest continually running virtual visitation program in the country is in Pennsylvania.67 In 2001, with a federal grant,68 the Pennsylvania DOC and the nonprofit Pennsylvania Prison Society entered a partnership to provide inmates at a handful of state prisons the opportunity to visit with their families in Philadelphia via videoconferencing.69 The goal of the program is to maintain family ties.70 The initial program received positive feedback from 65 Lisa Chunovic, KDOC Contracts for Inmate Banking, Electronic Messaging, Video Visitations, GOV. SECURITY NEWS, Sept. 23, 2009, http://www.gsnmagazine.com/article/19246/kdoc_contracts_inmate_banking_electronic_messaging. 66 Jail Selling Ad Space on Video Visitation Monitors, NBC2, Oct. 7, 2009 (“A few months ago, the Charlotte County Jail added video visitation for inmates in a separate building so inmates can have video contact with their friends, loved ones, and professionals. Visitors are no longer allowed to go into the main jail building for visitations. Officials with the Bureau of Corrections say the video terminals offer the opportunity to place advertisements that will be seen by both inmates and visitors and say the idea may be the first in the whole country.”), http://www.nbc2.com/Global/story.asp?S=11267954 (last accessed Oct. 10, 2012). 67 Predating the 2001 program, video conferencing for incarcerated inmates had “been used for inmates to attend court hearings, reducing the costs and risks of transporting inmates to court. Video conferencing has [also] been discussed for possible use during inmate medial examinations.” Melissa Crabbe, Virtual Visitation Program Uses Video Conferencing to Strengthen Prisoner Contacts with Families and Children, 6 OFFENDER PROGRAMS REP. 35 (2002). In Michigan, the Department of Corrections provided video visitation at no cost from 1998 to 1999, while the state temporarily housed prisoners in Virginia. 68 Id. (noting that the “program is funded through a 3-year Federal grant through the Pennsylvania Commission on Crime and Delinquency”). 69 Katy Califa, Prisoners as Parents: The Importance of Strong Parent-Child Relationships During Parental Incarceration 21, Stanford U. Criminal Just. Center Working Paper (2006), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=977050. 70 It appears that the program, while it still exists in a very similar form, is as of November 2011 no longer operated in partnership with the Pennsylvania Prison Society, “due to a lack of funding.” See Virtual Visitation, PA. PRISON SOC’Y (“Family Virtual Visitation’s goal was to help inmates incarcerated far from home stay connected to their Prison Visitation Policies: A Fifty State Survey 26 Chesa Boudin, Trevor Stutz & Aaron Littman inmates and corrections officials.71 Today, the program has expanded from four prisons to eight prisons in Pennsylvania, one in Michigan, and one in Virginia.72 The program allows families “real time” visits with the inmate. Families can schedule a 55-minute visit once a month in the Prison Society’s Philadelphia office, where the Society provides family friendly rooms.73 Visits cost $20, effectively pricing out many prisoners and their families. According to the DOC policy directive, families can also schedule visits in the Pittsburgh area.74 As we noted, seven jurisdictions provide for some form of video visitation in their policy directives or regulations (IN, MN, NM, OR, PA, VA, WI), while another eleven (AK, CO, FL, GA, ID, LA, MO, NJ, NY, OH, WA) have also implemented programs that are not mentioned in the policy directives.75 Indiana and Wisconsin allow video visitation where the inmate is not permitted other forms of visitation. Wisconsin’s regulations provide that among the limitations that can be placed on visitation, “no contact visits or visitation provided by technological means not requiring direct personal contact, such as video connections” can be applied.76 Indiana’s families. Some family members cannot travel the long distance to prison locations due to their age, the cost of transportation, or disabilities. The virtual visits provided an opportunity for families who might not otherwise have a chance to see their loved ones at all. We believe that creating stronger links between families is important for the stability of the inmate’s family and his/her successful reentry into the community. Increasing the frequency of family visits helped support family relationships and improves the inmate’s ability to adjust to life in prison.”), http://www.prisonsociety.org/progs/ifs_fvv.shtml (last visited Oct. 10, 2012). 71 Crabbe, supra note 65 (“Participating in the virtual visitation program has been viewed as an effective inmate management tool. Better behavior from inmates involved in the program has been identified, as well as inmates providing positive feedback, indicating program success. However, the program has not come about without encountering obstacles, such as whether to allow program participation by sex offenders, and future funding. Part of the success of the program is that few, if any negative incidents have taken place in the first year of operation.”). 72 Supra note 68, Virtual Visitation, PA. PRISON SOC’Y. 73 Id. 74 Pa. Dep’t of Corr. Policy DC-ADM 812 §1-K (“Virtual Visitation”). 75 Alaska, Colorado, Florida, Georgia, Idaho, Louisiana, Missouri, New Jersey, New York, Ohio, and Washington’s programs are not addressed in detail because they do not appear in the states’ policy directives. Washington plans to pilot a JPay program at its women’s prison in the imminent future. Note, too, that Michigan has used video conferencing technology for more than a decade to save on inmate transportation costs for doctor visits, parole hearings and so forth, but not for visiting. Patrick Doyle et al., Prison Video Conferencing, supra note 45. 76 Wis. Adm. Code DOC § 309.08(3). Wisconsin also intends to create a program for tele-visits, with terminals at community sites, for visitors who would have to travel long distances. Prison Visitation Policies: A Fifty State Survey 27 Chesa Boudin, Trevor Stutz & Aaron Littman policy directive has merged the two concepts of video visitation and “non-contact” visitation, so that video visitation is offered as an alternative to contact visits only where contact visits are prohibited.77 Offenders in segregation may also have access to video visitation where restricted to “non-contact” visits. Indiana defines video visitation as a “method of visitation which allows offenders to visit through electronic media”78 and does not specify whether a visitor can conduct her visit from home or is required to appear at a specific location. One provision does indicate that visitors could video-conference from outside a facility through vendors, where available: Offenders who are placed on non-contact visitation may have the option of regular non-contact visits, intra-facility video visitation or video visitation through a vendor, if these options are available at the facility. There shall be no cost for intra-facility video visitation; however, there may be a cost associated with video visitation provided by a vendor.79 Pennsylvania’s policy directive provides the most comprehensive explanation of any virtual visitation program: 1. Virtual Visitation shall be available at the facilities listed in the Virtual Visiting Program Facilities . . . and limited to persons living in the Philadelphia and Pittsburgh areas. 2. The Virtual Visitation Program uses video conferencing technology as a means to: a. enhance the parenting skills program; b. allow an inmate to visit with immediate family members, caregivers of the inmate’s children, and other individuals on the inmate’s approved visiting list approved by the Facility Manager/designee with whom he/she would otherwise not be able to visit; c. increase the frequency of visits for an inmate with the individuals listed on the inmate’s approved visiting list; and d. permit the scheduling of visits at times that are best for the individuals 77 “The Department recognizes that in some cases, the visitation privilege can be abused or used for inappropriate purposes and for this reason the Department shall establish visitation guidelines. These guidelines may include the imposition of restrictions ranging from non-contact visits, including video visits, to not allowing certain persons to visit.” Ind. Dep’t of Corr. Policy & Admin. Proc. 02-01-102 §II (“Policy Statement”). 78 Id. §III (“Definitions”). 79 Id. §XVIII (“Bodily Contact Between Offenders and Visitors”). Message boards indicate that the vendor option may only be available in a handful of facilities. See Video Visits, JPAY FORUM, http://forum.jpay.com/showthread.php?57-video-visits (last visited Oct. 10, 2012) (last posting Aug. 24, 2009). Prison Visitation Policies: A Fifty State Survey 28 Chesa Boudin, Trevor Stutz & Aaron Littman listed on the inmate’s approved visiting list. 3. The cost to the inmate or his/her family participating in this program shall be determined by the Department. 4. Inmate participation in the Virtual Visitation Program is voluntary and every inmate in general population status, regardless of his/her custody level, is eligible. An inmate housed in Administrative and Disciplinary Custody is not permitted to participate in the Virtual Visitation Program. . . . 6. The Department shall attempt to reserve at least 10 percent of the Virtual Visitation Program visiting slots per month for long-term offender inmates. A long-term offender inmate is defined as having a minimum sentence of 10 or more years and an inmate serving a life sentence. 7. Up to five persons will be permitted to visit if space permits. . . .80 New Mexico and Oregon follow the Pennsylvania model of affirmative forms of virtual visitation. New Mexico distinguishes between video visitation and tele-visits. A video visit is a limitation—a “non-contact visit using video cameras to permit visits between an inmate and any visitor”81 which is used within the prison “when a resident is not allowed to visit face-to-face.”82 Tele-visits are “[p]rearranged televised visits coordinated through [partner organization] PBJ Family Services, Inc. and the facility between inmates and their child/children from the facility to a community site. The visits are designed to promote healthy family relationships by reunifying and connecting children with their incarcerated parents.”83 Inmates must meet certain criteria to be eligible for tele-visits and the “child/children participating in the visit must be relatives or the inmate must have been in a parenting relationship prior to the incarceration.”84 Once inmates have met the eligibility requirements, New Mexico provides a detailed step-by- 80 Pa. Dep’t of Corr. Policy DC-ADM 812 §1-K (“Virtual Visitation”). N.M. Dep’t of Corr. Policy CD-100200, at 4. 82 N.M. DEP’T OF CORR., GUIDE FOR FAMILIES AND FRIENDS OF JUSTICE INVOLVED NEW MEXICANS 16, available at http://www.corrections.state.nm.us/family/docs/Offender_Family_Guidebook.pdf. 83 N.M. Dep’t of Corr. Policy CD-100200, at 4. 84 N.M. Dep’t of Corr. Policy CD-100204. 81 Prison Visitation Policies: A Fifty State Survey 29 Chesa Boudin, Trevor Stutz & Aaron Littman step process for arranging a tele-visit.85 In a parallel manner, Oregon determined that the limitations caused by inclusion of video visiting within the visiting rule could be avoided if the chance to have visual and audio contact were open to all inmates through video interactive phones.” The decision to allow video interactive phones maintains security limits within the visiting rule while allowing contact with friends and family who may visit by computer from home.86 According to the Virginia DOC website, it appears that Virginia has followed Pennsylvania’s model of partnering with nonprofits and establishing off-site visiting centers for visitors to log into the system.87 Virginia’s program is now included in its DOC policy for those “selected facilities” where it is available.88 As with any technological innovation, and any correctional policy judgment, video visitation has potential trade-offs. Among the salutary benefits, video visits can enhance access to visits for far-flung relatives and friends, young children who may be unable to comply with 85 Id. 1. The facility coordinator will communicate with the designated contact staff at Peanut Butter and Jelly (PB & J) Family Services, Inc., to inform of the approval and the regional area where the child/children are located. The Tele-visit Application Form (CD-100204.1) indicating approval will be faxed to PB & J informing that the visit was approved at the facility level. 2. PB & J will contact the family and provide assistance in preparing the child/children for the visit, through support and therapy as needed. PB & J will inform the designated prison coordinator that the family has agreed to the visit and services. 3. PB & J will schedule the visit at the community site, make arrangements for transportation, and coordinate the time and date with the prison sponsor. 4. PB & J will provide ongoing support and therapy for the child/children following each of the visits. PB & J will coach inmate parents before and after the visit if needed. 5. Following each visit, PB & J staff will document an evaluation of the televised visit. 6. Prior to the actual visit, PB & J will conduct a tele-visit orientation with the inmate parent. The session will explain the program and process. 7. PB & J staff will conduct a group session yearly with the parent inmate for feedback and evaluation. The Corrections Family Services Liaison will coordinate this session. 86 Or. Admin. Rule 291-127-0210. This program becomes active November 01, 2012. 87 Video Visitation Program, VA. DEP’T OF CORR., http://www.vadoc.state.va.us/offenders/prisonlife/videoVisitation.shtm (last accessed Oct. 10, 2012) (effective date Jan. 30, 2010). 88 Va. Op. Proc. 851.1.IV.O. Prison Visitation Policies: A Fifty State Survey 30 Chesa Boudin, Trevor Stutz & Aaron Littman prison visiting rules, and elderly and disabled visitors. Video visits can save the cost and time of travel for visitors, as well as reduce costs for prison facilities.89 The possibility for the exchange of contraband is eliminated, and prisons reduce the movement of persons through their facilities. Visitors would not be subjected to intense processing and search procedures. Visitors, especially children, could choose to avoid the potential trauma and intimidation of entering a prison.90 The flip side, however, is that video visitation could be used as an alternative or replacement for in-person visits. If video visitation is cheaper, easier, and safer, then prisons may begin to prefer this form of visitation, reducing or eliminating the availability of contact visits, and placing less of a priority on locating inmates in facilities near their families.91 Virtual visits that replace contact visits, even if potentially more frequent and less costly for visitors, might not serve as effectively to strengthen or maintain family ties and thereby reduce recidivism. Additionally, the loss of non-contact visits (which might be viewed as equivalent to telephone call privileges) may not provide as strong a disincentive to disciplinary infractions in the prison, thereby decreasing rather than increasing security in correctional facilities.92 89 Primonics, Inc. claimed the technology would save Westchester County $300,000 by increasing the efficiency of visits. See Press Release, Primonics, supra note 62 (“County officers like bail expeditors and probation officers don’t have to visit the jail. It saves on the cost of transportation and of correction officers to take the prisoners in and out of the housing locations.”). 90 As the Indiana Directive notes, “Facilities shall take into consideration the impact that visits with parents or grandparents in a correctional facility may have on young children, especially preschool age children.” Ind. Dep’t of Corr. Policy 02-01-102.IV. 91 This concern was raised by the Washington Post, in response to the decision to replace in-person visits at the D.C. jail with (free) virtual visits. Editorial, Virtual Visits for Inmates?, WASH. POST, July 26, 2012 (“While there may be benefits to video visitation, there are also significant drawbacks. In-person visits provide the obvious benefit of strengthening family ties in times that can threaten those bonds, and they do much to preserve inmates’ morale.”), http://www.washingtonpost.com/opinions/virtual-visits-for-inmates/2012/07/26/gJQAultJCX_story.html; see also Adeshina Emmanuel, In-Person Visits Fade as Jails Set Up Video Units for Inmates and Families, N.Y. TIMES, Aug. 7, 2012, http://www.nytimes.com/2012/08/07/us/some-criticize-jails-as-they-move-to-video-visits.html. 92 This point and the preceding one are necessarily speculative; because virtual visitation in prisons is a relatively new phenomenon, there has been no research evaluating its impact on family relationships and on inmate behavior – or assessing whether it in fact increases visitation rates, by how much, and for whom. Prison Visitation Policies: A Fifty State Survey 31 Chesa Boudin, Trevor Stutz & Aaron Littman Virtual visitation in prisons is still an emergent concept. Advocates in Illinois have pushed for virtual visits;93 Florida has experimented with it;94 and Congress inserted it into a 2004 House bill, though it did not pass.95 More generally, virtual visitation is a new concept in family law, where there is a relatively sparse literature analyzing virtual visitation in child custody disputes.96 Undoubtedly, the technology will spread. As virtual visitation expands, any jurisdiction seeking to implement such a program will have to consider several important factors: (1) how and where inmates will access the interface – in the yard, in a private booth, in a shared visiting room; (2) where visitors will access their interface – at the prison itself, at a partner organization, from their homes; (3) the degree to which video visits will be used to supplement or replace in-person visits; and (4) all of the related rules that accompany other forms of visitation—the degree of monitoring for the visits, eligibility to participate, sanctions for breaking the rules, the frequency and duration of visits, etc. These decisions will likely determine the contours of virtual visitation in a state or institution – how much it is used, by whom, and to what effect. PART IV: FURTHER RESEARCH Our fifty-one jurisdiction survey was a significant undertaking, but much work remains to be done. This final Part considers four categories of next steps: (1) further analysis of the 93 Jeffrey M. Levring, Illinois Virtural Visitation for Incarcerated Fathers, FATHERS’ RIGHTS, Apr. 1, 2009, http://dadsrights.com/index.php/illinois-virtual-visitation-for-incarcerated-fathers/. 94 Califa, supra note 67, at 22. 95 Id. at 23 n.3. The 2004 Re-Entry Enhancement Act, H.R. 5075, 108th Congress § 101(a)(17) (2004) was proposed, but not passed, by Congress. The bill generally supported enhanced visitation opportunities, including “developing programs and activities that support parent-child relationships, such as . . . (B) using videoconferencing to allow virtual visitation when incarcerated persons are more than 100 miles from their families”). The proposed Act also promoted family visits of the sort discussed in our previous sub-part. 96 See, e.g., Charles P. Kindregan, Jr., Family Interests in Competition: Relocation and Visitation, 36 SUFFOLK U. L. REV. 31 (2003); Anne LeVasseur, Note, Virtual Visitation: How Will Courts Respond to a New and Emerging Issue, 17 QUINNIPIAC PROB. L.J. 362 (2004). Prison Visitation Policies: A Fifty State Survey 32 Chesa Boudin, Trevor Stutz & Aaron Littman information already available to us; (2) relating the data we have gathered to existing indicators of correctional success or failure; (3) gathering of additional information to add depth and breadth to our survey; and (4) presentation of these findings in accessible formats. First, the areas detailed supra in Part III – extended family visitation and virtual visitation – as well as other topics in the accompanying spreadsheet, such as grievance procedures and limitations on numbers of visitors or hours of visitation, warrant more detailed treatment. As an example, additional research might track language in regulations referring to children (or to gender, marital status, or any number of other variables) and analyze the ways in which children (or males/females, or married/unmarried persons) are specially privileged or burdened in the context of prison visitation. Another analysis might scrutinize the various ways that visitation policies define “family,” where family members are granted special privileges. For example, which states recognize civil unions as equivalent to marriages for the purposes of visitation? Further analysis might likewise focus on the category of “special visits” by attorneys, clergy, and child welfare officials bringing children in their charge to see a parent. These arrangements tend to be subject to their own particular rules, and many of states have detailed provisions on point. With the wealth of information in our spreadsheet and database, there are numerous other topics that could be worth pursuing. Second, it could be valuable to combine the data we have gathered about visitation policies with data about correctional outcomes, such as recidivism rates and institutional security, to learn about correlations between certain visitation policies and better or worse correctional outcomes. These correlations could then in turn prompt research to better understand Prison Visitation Policies: A Fifty State Survey 33 Chesa Boudin, Trevor Stutz & Aaron Littman whether and how overall rates of visitation and specific features of visitation systems contributed to or detracted from the correctional mission of security and rehabilitation.97 Third, gathering more information could substantially enhance the value of our data for scholars, policymakers, and practitioners. Specifically, as we discussed, it would be useful to get more information on how visitation policies operate at the level of individual institutions. The administrator of each facility has substantial discretion to implement polices, and hence there is an inevitable gap between policies on paper and in practice. Similarly, it would be useful to look into the legislative or regulatory process used in each jurisdiction to develop the regulations or policy directives currently on the books. In addition, other studies could adopt a broader scope by looking at visitation policies in detention facilities not covered by this data set, including jails and immigration detention centers. Fourth, it would be valuable to present the information we have gathered in a format that is accessible not only those who make and study visitation regulations, but also to those whose interpersonal relationships are so profoundly affected by them: inmates and their families and friends. Ensuring that prisoners and prison visitors can easily access clear and comprehensive information about the rules governing their visits would allow them to maximize contact with loved ones and avoid frustration, and promote institutional security though compliance. Discretion will always be a necessary feature of visitation management, but making visitation policies and their implementation in practice more transparent might even create opportunities for those who participate in the visitation process to work with correctional administrators to improve it. In conducting the first fifty state survey of prison visitation regulations, we have likely raised more questions than we answered. This report offers a sense of the policy landscape, and 97 See, e.g., MINN. DEP’T OF CORR., supra note 57. Prison Visitation Policies: A Fifty State Survey 34 Chesa Boudin, Trevor Stutz & Aaron Littman through further work on our part and the part of other researchers, we aim to better understand the ways these policies work in practice and impact specific groups of inmates and their families and friends. We hope, too, that this research will offer correctional administrators the tools to consider their own and other states’ approaches and develop best practices. Prison Visitation Policies: A Fifty State Survey 35 Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Basic Limitations Promotes / Encourages visitation in policy documents? Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes 8. Can change list only every six months. Ala. Admin. Reg. 303, "Visitation," at V.B (2006). Alabama Alaska http://www.do c.state.al.us/ Yes http://www.co rrect.state.ak.u s/corrections/i ndex.jsf Yes No http://www.doc.s tate.al.us/adminr egs.asp No Statutes & Admin: http://www.corre ct.state.ak.us/cor rections/commis h/statutes.jsf Yes Yes Policies & Procedures: http://www.corre ct.state.ak.us/cor rections/pnp/poli cies.jsf Yes http://www.azcor No rections.gov/Poli cies/900/0911.pd But see Arizona f Admin. Code, Title 5 Yes Yes No Information about sending Packages and Mail, not Visiting "It is the policy of the ADOC to afford inmates the privilege of participating in the visitation program in accordance with this regulation." Visitors can only be on one inmate's visitation list unless family. Varies by institution. Ala. Admin. Reg. 303, "Visitation," at II (2006). Id. at V.B.12. Ala. Admin. Reg. 303, "Visitation," at V.J.1 (2006). 2009 Yes 22 Alaska Admin. Code 05.130. Visitation of prisoners. Yes No 2010 Specifies gender/relationship status of allowed visitors. Id. at V.B.6. No Yes Yes "The Department encourages prisoner visitation because strong family and community ties increase the likelihood of a prisoner’s success after release. Visitation is subject only to the limitations in this policy and as necessary to protect persons and maintain order and security in the institution." "Visitation must be made available on at least three week days and one weekend day; a facility must make reasonable efforts to schedule visitation to accommodate day and night work shifts of potential visitors." Alaska Dep't Corr. Policy 810.02 VI.A. No Alaska Dep't Corr. Policy 810.02 VII.B.1.(e). Yes Arizona http://www.az corrections.go v Yes 20 Yes 2012 No Ariz. Dep't of Corr. Policy 911.01.1.1.1. Page 1 of 26 No 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Has child-specific rules? Yes Children defined as "Anyone under 19 nineteen years of age." Ala. Admin. Reg. 303, "Visitation," at III.B (2006). Yes Once per six months for out of state family. Yes Write the warden. Alabama "Visitors who bring minor children to visit will be expected to control the behavior of the children so that they do not interrupt other visitors." Ala. Admin. Reg. 303, "Visitation," at V.B.13 (2006). No No Yes Ala. Admin. Reg. 303, "Visitation," at V.N.9 (2006). Ala. Admin. Reg. 303, "Visitation," at V.L (2006). No Id. at V.I.2. No Yes But does exist only for inmates at contract facility in Hudson, Colo. Service offered by contractor and by Tanana Chiefs Conference. "The Superintendent may authorize extended visits for situations such as families traveling long distances or for professionals requiring extended hours of contact." Alaska Alaska Dep't Corr. Policy 810.02 VII.C.3(d). No "A prisoner may file a grievance concerning the denial or restriction of visitation directly to the Director of Institutions through the facility See Grievance Coordinator. See policy #808.03, Prisoner http://www.correct.state.ak.us/ Grievances." Yes corrections/institutions/images /Hudsonvideovisitation.pdf Alaska Dep't Corr. Policy 810.02 VII.D.4. Alaska Dep't Corr. Policy 810.02 VII.F.5. Yes Yes Arizona Ariz. Dep't of Corr. Policy 911.05. No Yes No Yes No "The visitor may submit a written statement to the Warden or unit Deputy Warden for review within five work days of the incident." "After reviewing all available information, the Warden or Deputy Warden shall determine appropriate action based on the specific circumstance and/or types of contraband detected." "Visitor appeals relating to visitation suspensions shall be addressed to, reviewed by, and decided by the Warden and not a designee. The Warden shall forward the appeal to the appropriate Regional Operations Director for review. The Regional Operations Director’s decision is final." "Inmate visitation suspensions may be addressed through the inmate disciplinary system. Inmate appeals involving visitation suspensions may be addressed through the inmate disciplinary system appeals process." "Maximum Custody Inmates Maximum custody inmates shall be allowed to visit a maximum of one, 2-hour block per week. "All visitors and their possessions are subject to Visitation shall be by appointment physical search by staff, electronic metal detection only. All maximum custody devices, barrier sniff screening (Narcotics inmate visitations shall be for one Detection) by a Department Service Dog, and/or block, and is always non-contact, Ion Scanning." regardless of what phase the "All vehicles on Department property are subject inmate is in." to search. The owner/user shall be present during Greater privileges for lower the search." custody & various "phases." Ariz. Dep't of Corr. Policy 911.06. Ariz. Dep't of Corr. Policy 911.03. Alaska Dep't Corr. Policy 810.02 VII.E. Yes Yes Page 2 of 26 Ariz. Dep't of Corr. Policy 911.08. No Notes for reader Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Basic Limitations Promotes / Encourages visitation in policy documents? Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes 20 Yes Ark. Dep't of Corr. Policy 11-49.III.A.9. Arkansas http://www.ad c.arkansas.gov / Yes Yes http://adc.arkans Yes as.gov/resources/ Documents/adca Ark. Admin. Code r_pdf/AR865.pdf 004.00.2-865 Yes Yes 2011 Yes Notes that visitation "is essential to maintaining good morale, sustaining family life and ensuring relationship in the community upon release." If a visitor is removed from list, must wait 6 months Saturdays and Sundays from Noon until 4 p.m., to be placed on any other inmate visitor list. depending on security level. Ark. Dep't of Corr. Policy 11-49.II. Ark. Dep't of Corr. Policy 11-49.III.G.1. Ark. Dep't of Corr. Policy 11-49.III.C. Yes Yes Yes California http://www.cd cr.ca.gov/ Yes Yes http://www.cdcr. CA Code of Reg ca.gov/Regulatio Title 15, Art. 7, ns/index.html Visiting Operations Manual, Ch 5, Art. 42, Visiting Yes 2011 "The California Department of Corrections and Rehabilitation (CDCR) encourage inmates to develop and maintain healthy family and community relationships." It is a privilege for inmates to have personal contact visits while confined in CDCR institutions and facilities. Visiting in CDCR institutions and facilities shall be conducted in as accommodating a manner as possible in keeping with the need to maintain order, the safety of persons, the security of the No institution/facility, and the requirements of prison activities and operations." Affirmative ban on limiting the number of visitors. Op. Man. 54020.1 Op. Man. 54020.18 Yes "Each institution/facility shall establish a schedule that provides a minimum of 12 visiting hours per week." Op. Man. 54020.7 Yes Colorado http://www.do c.state.co.us/ Yes Yes http://www.doc.s No tate.co.us/visitin (But see 8 Colo. g-rules Code Reg. 1503) Yes No 2009 "[P]romotes the furtherance of family and other supporting relationships important to offender stability while incarcerated, as well as upon release; while foremost maintaining the security and integrity of the facility." Yes Colo. Admin. Reg. 300.01.I & II. But see id. at IV. A.1. Colo. Admin. Reg. 300.01.IV.B.1. Page 3 of 26 12; minor children must be named on the visitor application but do not count towards this cap. No 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Yes Yes Alabama Arkansas Ark. Admin. Reg. 865, "Visitation," at VI.F.1 (2001); Ark. Dep't of Corr. Policy 1149.III.B. Visitors must submit to searches, including of wigs and religious headgear. Brief cut and provocative clothing is not permitted. No No No Ark. Dep't of Corr. Policy 11-49.III.E. Specific Rules Limits visitors based on security classifications? Yes Has child-specific rules? All Class I inmates will be permitted weekly Sunday visits.All Class II, III and IV inmates will be permitted two visits a month, either the first and third Saturday of the month or the second and fourth Saturday of the month as determined by the Unit’s schedule. In cases where inmates of the same immediate family are housed at the same unit/center, the Warden/Center Supervisor may approve requests by those inmates Yes to visit on the same day, per the schedule of the lower class Only visitors over the age of 12 inmate. must present photo ID. Ark. Dep't of Corr. Policy 1149.III.C. Ark. Dep't of Corr. Policy 1149.III.D. Notes for reader The Ark. Dep't of Corr. Indicated in correspondence with the authors that it is considering implementing a virtual visitaiton program. The DOC also referenced the availability of a guidebook as noted in column H. Yes "Minors shall be accompanied by an adult who has been approved to visit the inmate. Approval of an emancipated minor's visit requires a one-time submission of a certified copy of the court order of emancipation." Op. Man 54020.10 Yes Yes Yes California Colorado Termination of visits due to overcrowding will not apply if a visitor has traveled a distance of 250 miles or more and has not visited within the last 30 days. This exception is applied to allow two consecutive days of visiting. Yes Yes A "privilege earned by the inmate through successful program participation," Family Visiting is outlined in detail. Op. Man. 54020.33 - 33.20.13 Termination of visits due to overcrowding does not apply to visitors who have traveled over 200 miles one way. Extended visits are available for visitors Yes who have traveled a long distance. Denver Women's Correctional Facility has implemented the Colo. Admin. Reg. Apartment Program, which allows 300.01.IV.A,C. overnight visits with children. No Visitation can be denied under Op. Man. 54020.23. To then appeal: "Visitors who wish to discuss visiting-related issues are encouraged to contact the visiting supervisor for resolution. Interviews shall be conducted or scheduled at the earliest opportunity. Visitors and/or inmates may register complaints/appeals regarding visiting through procedures contained in CCR Section 3179 and Chapter 5, Article 42." Op. Man. 54020.34 Includes provisions for: Contraband / Metal Detectors - Op. Man. 54020.13.1 Clothed Searches - Op. Man. 54020.13.2 Unclothed Searches - Op. Man. 54020.13.3 Visitor Consent for Search - Op. Man. 54020.14 Refusal to Submit to Search - Op. Man. 54020.14.1 Documentation of Info Leading to Search - Op. Man. 54020.14.2 Search of Minors - Op. Man. 54020.14.3 CCR Section 3170 "Any inmate convicted of specified criminal acts against minors shall be prohibited from visiting with minors in accordance with provisions of CCR Section 3173.1" Op. Man 54020.10.1 No No Yes Yes No Visitation can be suspended/denied when visitor has But does exist: the Centennial not come for 1 year. For any suspension the Visitor Correctional Facility currently may appeal in writing to Administrative Head. implements virtual visitation. Sanctions can include permanent denial of Visitor's See right to visit. Focuses on visitor's rights and not http://www.doc.state.co.us/faci inmates'. Yes lity/ccf-centennial-correctionalfacility Colo. Admin. Reg. 300.01.IV.K Colo. Admin. Reg. 300.01.IV.H. Page 4 of 26 Both the Regulations and the Operations Manual are available online and contain overlapping information. Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Basic Limitations Promotes / Encourages visitation in policy documents? Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes Connecticut http://www.ct. gov/doc/site/d efault.asp Yes Yes http://www.ct.go v/doc/cwp/view. asp?a=1492&Q= 450576&docNav =| From 5-10 depending on security classification. At least one (1) evening visit weekly; 2. Weekend visits; and, 3. Visits of at least one (1) hour in duration. Inmates shall normally be allowed a minimum of two regular visits each week. Conn. Dep't of Corr. Policy 10.6.4.B. Conn. Dep't of Corr. Policy 10.6.6.B. Yes No But see Conn. Agencies Regs. Title 18. Yes Yes 2009 No No Delaware http://doc.dela ware.gov/ Yes No http://doc.delawa re.gov/informati on/DOC_Policy_ Manual.shtml No Visits are by appointment only. Visiting hours range from one 45 minute visit per month to 1.5 hours per week. Yes Yes 2001 No No Del. Dep't. of Corr. Pol. 5.2, at IV.A, G (2001). Yes No Florida http://www.dc. state.fl.us/ Yes Yes Yes http://www.dc.st ate.fl.us/secretar But see Fla. Admin. y/legal/ch33/inde Code Title 33, Chpt. x.html 33-5. No No 2010 No 15 plus children under age 12. Visits allowed between 9:00 a.m. and 3:00 p.m. each Saturday and Sunday. Fla. Admin. Code 33-601.716(3) (2005). Fla. Admin. Code Ann. r.33-601.722 (2005). Yes Yes Georgia http://www.dc or.state.ga.us/ Yes Yes http://www.dcor. state.ga.us/Inmat eInfo/FamilyInfo /FamiliesFriends.html (Georgia Admin. Code, Title 125, Chpt. 125-3-4. Visitation) Yes Yes 2006 "[P]rovide visiting programs that are conducive to the establishment and maintenance of positive relationships with family and Significant Yes Others. Visitation is a privilege for inmates and should not be considered a right." 12 A minimum of 6 hours shall be allotted each day for visitation periods on Saturdays, Sundays and holidays. Ga. Dep't of Corr. Policy IIB01-0005.I. Ga. Dep't of Corr. Policy IIB01-0005.VI.C.1. Page 5 of 26 Ga. Dep't of Corr. Policy IIB01-0005.VI.D.1. Yes 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Yes Yes Extended Family Visit. A prolonged visit between an inmate and specified immediate family member(s), and/or a legal guardian, in a designated secure area separate from the inmate population. For out-of-state one-time visitors. Conn. Dep't of Corr. Policy 10.6.5.E. Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Yes Limits the number based on level of facility. Yes Connecticut Conn. Dep't of Corr. Policy 10.6.5.A. Not currently offering conjugal visits in any state facilities. Has child-specific rules? No See Conn. Dep't of Corr. Policy 10.6.4.A.6. Conn. Dep't of Corr. Policy 10.6.6.G. Yes Alabama Yes Conn. Dep't of Corr. Policy 10.6.6.k. Scattered references. Yes Yes Del. Dep't. of Corr. Pol. 5.2, at IV.G (2001). Del. Dep't. of Corr. Pol. 5.2, at IV.C, D, F (2001). Yes Criminal background check may be required. Yes Del. Dep't. of Corr. Pol. 8.48, at VI.B (2011). For visitors living more than 100 miles away. Delaware Various clothing requirements (e.g. no tight clothing) specified. Del. Dep't. of Corr. Pol. 5.2, at IV.Q (2001). No No No Del. Dep't. of Corr. Pol. 5.2, at IV.E, T (2001). Warden to "ensure that games, small toys and other suitable activities are available for small children to assist visitors with keeping their children occupied during visitation." Yes May allow additional visiting hours based on such factors as great travel distance or infrequency of visits. Florida See also Fla. Admin. Code Ann. r.33-601.736 (2005). Fla. Admin. Code Ann. r.33601.721 (2005). No No But does exist. See Patrick Doyle, et al., Prison Video Conferencing, Vermont Legislative Research Service 3, May 15, 2011 Inmates shall be allowed to file grievances concerning visiting privileges in accordance with the provisions of Rule 33-103.005. Yes Fla. Admin. Code Ann. r.33-601.732(5) (2005). Fla. Admin. Code Ann. r.33-601.726, (2005). Visit Subject to termination if child misbehaves. No Fla. Admin. Code Ann. r.33601.727 (2005). Yes No Visitors are responsible for keeping children under their control. No Yes Georgia See Ga. Dep't of Corr. Policy IIB01-0005.VI.C.5. Family programming exists through the Children's Center in the women's prison, but no overnight visitation occurs. Georgia reported a program that does not appear in its directive. Yes No See Ga. Dep't of Corr. Policy IIB01-0005.VI.J. Page 6 of 26 No Ga. Dep't of Corr. Policy IIB010005.VI.O.6. Notes for reader Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Hawaii http://hawaii.g ov/psd Yes Yes Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? http://hawaii.gov /psd/policies-andprocedures/P-P/3COR/3-PP%20Table%20o f%20Contents/3COR/COR%20PP%20Table%20o f%20Contents% Yes 2003-23Code of Hawaii 2009.html/?searc Rules, Title 23, hterm=Visitation Subtitle 2, Chpt 100 Yes 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Basic Limitations Promotes / Encourages visitation in policy documents? Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes Privilege not a right, but "visitation is intregral to the correctional and rehabilitative process of inmates." No 2010 Haw. Dep't of Pub. Safety Policy COR.15.04.3.0. No No No No Yes Idaho http://www.co rr.state.id.us/ Yes Yes Yes http://www.corr.s Idaho Admin. Code, tate.id.us/about_ Agency 06, Title 01, us/policy.htm Chpt 01.604 Yes "The Idaho Department of Correction (IDOC) encourages visitation between offenders and their friends and family. Visitation is important for offenders to maintain relationships and contact with the outside world." Yes 2009 Idaho Dep't of Corr. Policy 604.02.01.001. No Illinois http://www.id oc.state.il.us/ Yes Yes http://www.idoc. Yes state.il.us/subsec tions/visitationru Ill. Admin. Code, les/default.shtml Title 20, Part 525.20 No "[E]ach correctional facility shall establish regular visiting hours." No 2003 No No Ill. Admin. Code tit. 20, § 525.20(a), "Visiting Privileges." Yes "[E]ncourage offender communication and contact with family and friends. . . . [T]he majority of offenders will be released into the community and that the offender’s eventual reintegration will be more effective if a visitation program permits the maintenance of social relationships. In addition to traditional forms of visitation (contact Yes and non-contact), alternative methods of visitation may be made available to help facilitate persons unable to travel to facilities." 10 family and 2 friends. Indiana http://www.in. gov/idoc/ Yes Yes http://www.in.go v/idoc/2322.htm No Yes Yes 2009 Yes Iowa http://www.do c.state.ia.us/ Yes Yes http://www.doc.s Iowa Admin. Code, tate.ia.us/visiting Agency 201, Chpt hours.asp 20.3(904) Yes No 2010 Ind. Dep't of Corr. Policy 02-01-102.II. Yes Ind. Dep't of Corr. Policy 02-01-102.VI. "It is the policy of the IDOC to allow offenders, including violator program offenders, visiting privileges to maintain and strengthen relationships with family members and friends." Yes Iowa Dep't of Corr. Policy 3 at II. Iowa Dep't of Corr. Policy 3 at IV.A.1. Page 7 of 26 No 4 plus family and children. No 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Has child-specific rules? Notes for reader Yes Where not on the same island. Hawaii Alabama Idaho Haw. Dep't of Pub. Safety Policy COR.15.04.3.2. Yes No No Normally limited to immediate family members who have traveled a distance and time does not permit normal processing of the visiting application. Idaho Dep't of Corr. Policy 604.02.01.001.22. No See Haw. Dep't of Pub. Safety Policy COR.15.04.3.9. No Yes No See Haw. Dep't of Pub. Safety Policy COR.15.04.3.8. Yes No No But does exist. See Patrick Doyle, et al., Prison Video Conferencing, Vermont Legislative Research Service 3, May 15, 2011 If denied, and the offender is immediate family, reapplies in 90 days or files an appeal. If denied, and the offender is not immediate family, reapplies one (1) year. Decision cannot be appealed. Yes Yes Idaho Dep't of Corr. Policy 604.02.01.001 at Table 9.1. See Idaho Dep't of Corr. Policy 604.02.01.001.6. See Idaho Dep't of Corr. Policy 604.02.01.001. at Table 15.1. No Yes Yes Yes Illinois Ill. Admin. Code tit. 20, § 525.20(a)(2), "Visiting Privileges." No No Visitors shall be subject to search in accordance with Ill. Admin. Code tit. 20, § 501.220. No No The link for the Inmate Visitation Policy is to Depending on age, children must the Illinois Department be accompanied by an approved of Corrections directive visitor and have the written in the Illinois consent of a parent or guardian, Administrative Code. unless waiver granted. There is also an agency administrative directive, Ill. Admin. Code tit. 20, § and each facility has an 525.20(b)(2) institutional directive. Yes Yes Indiana Yes Only as punishment where inmate not allowed noncontact or contact visists. Ind. Dep't of Corr. Policy 02-01102.XIV. No Ind. Dep't of Corr. Policy 0201-102.XV & XVIII. Yes Yes Includes possibility of frisk search, metal detectors and ion scanning equipment, and trained K-9s. See Ind. Dep't of Corr. Policy 02-01-102.XVI. Ind. Dep't of Corr. Policy 02-01-102.XII. No Ind. Dep't of Corr. Policy 02-01102.XX. No No No Restrictions on visits with minors. Yes Yes Iowa Iowa Dep't of Corr. Policy 3 at IV.J. No Applicant can appeal denial of visit or restriction within 45 days. No Iowa Dep't of Corr. Policy 3 at IV.D. Page 8 of 26 Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Basic Limitations Promotes / Encourages visitation in policy documents? Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes Kansas Kentucky http://www.dc. state.ks.us/ Yes http://www.co rrections.ky.go v/ Yes Yes Yes http://www.doc.k s.gov/kdocKansas Admin. policies/impp/?s Regulations, 44-7earchterm=IMPP 104 Yes http://corrections .ky.gov/commun ityinfo/Policies% 20and%20Proce dures/Pages/defa ult.aspx 20 for Inmates Level II and III, "Inmates assigned to Yes Level I shall be limited to visits from attorneys, clergy, law enforcement, a primary visitor, and Minimum of four (4) hours per week of visiting for all immediate family members." inmates in the general population. Yes Kan. Dep't of Corr. Policy 10-113. Kan. Dep't of Corr. Policy 10-113.V. Yes Yes Yes Kentucky Admin. Regulations, Title 501, Chpt 3:140 3 plus family Minimum of eight (8) hours per month. Ky. Corr. Policy 16.1.II.D Ky. Corr. Policy 16.1.II.C.1. Yes Yes No 2009 2012 No No Yes Louisiana http://www.do c.louisiana.go v No No - Yes La. Admin. Code, Title 22, Sec 316 "The department recognizes the importance of visitation in the maintenance of an offender’s family ties; visitation is an integral component of institutional management. ... Visiting can improve public safety and encourage offender accountability. Authorized visitation is permitted by the department to facilitate an offender’s institutional adjustment in accordance with the department’s goals and mission." Yes Yes 2009 L.A. Dep't Pub. Saf. & Corr. Policy C-02-008.5. Page 9 of 26 Yes Yes Two visits per month per visitor 10 Two hour visit is "optimum." L.A. Dep't Pub. Saf. & Corr. Policy C-02-008.7.C. L.A. Dep't Pub. Saf. & Corr. Policy C-02-008.7.F. 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Has child-specific rules? Notes for reader Yes 1. Requests for a single visit prior to background verification and approval of subsequent visits; 2. When the visitor has traveled a distance of 150 miles (one way) or more; or, (ACI 3-4442) 3. When the special visit is in the best interest of the inmate's rehabilitative needs or other correctional goals. Yes Kansas Alabama Kan. Dep't of Corr. Policy 10113.VIII.B. No Yes No No Kan. Dep't of Corr. Policy 10-113.XI. No Factors include: Distance the visitor travels; Frequency of visits for a particular inmate; Health problems of an inmate or visitor; or A visit for business purposes if a decision is needed that substantially affects the assets or prospects of a business or property. Kentucky Ky. Corr. Policy 16.1.II.C.3 No Yes Defines "immediate family" broadly, to include "those who may reared the inmate in palce of parents" and "a Ky. Corr. Policy 16.1.II.H.6. child to whom the inmate, although not a Inmates may hold child or natural parent, acted as stepchild on lap. Ky. Corr. Policy a parent." Ky. Corr. 16.1.II.H.10. Policy 16.1.I. Visitors are responsible for keeping children under their control. No No No Yes No No The Warden or designee shall notify the visitor in writing that he has been removed from all applicable visiting lists, the reason why and that the removal will be reviewed after a specified amount of time. The visitor shall also be notified in writing that he may appeal the Warden's decision to the Secretary by sending a letter within 15 days of the date of the notice. Yes Louisiana L.A. Dep't Pub. Saf. & Corr. Policy C-02-008.7.N. No If the visitor exercises this appeal right, the Secretary or designee shall review the appeal and investigate, No as appropriate, within 30 days of notice. If necessary, a hearing shall be scheduled and the Though Louisiana reported a visitor shall be notified of the time, date and location Yes program that does not appear of the hearing. in its directive explicitly, but is See La. Admin Code. tit. 22, pt. I, § 303; L.A. included under special L.A. Dep't Pub. Saf. & Corr. Policy C-02-008.12.I.(1- Dep't Pub. Saf. & Corr. Policy C-02-008 visitation. 2). Attachment. Page 10 of 26 Yes Minors must be accompanied by parents or legal guardians at all times. Adults are responsible for behavior of children. No L.A. Dep't Pub. Saf. & Corr. Policy C-02-008 Attachment. Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Maine http://www.sta te.me.us/corre ctions/ Yes Massachusetts http://www.dp scs.state.md.u s/ No http://www.ma ss.gov/?pageI D=eopsagency landing&L=3 &L0=Home& L1=Public+Sa fety+Agencies &L2=Massach usetts+Depart ment+of+Corr ection&sid=E eops Yes Michigan http://www.mi chigan.gov/cor rections Yes Maryland Has a Visiting Regulation available on Westlaw? Yes http://www.state. me.us/correction No s/PublicInterest/ (But see, Code of policies.htm Maine Rules, 03) No http://www.dsd.s tate.md.us/comar /SubtitleSearch.a spx?search=12.0 2.16.*; http://www.dpsc s.state.md.us/loc ations/prisons.sh tml Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? Yes No 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document 2006 Basic Limitations Promotes / Encourages visitation in policy documents? No Limits number of visitors on approved list? No Sets a floor for minimum visitation hours/days? No Yes Yes Code of Md. Regulations. Title 12, Subtitle 2, Chpt 16 Yes Yes 2011 The Division of Correction (DOC) encourages visiting by family, Yes friends, and community groups to maintain the morale of the inmate and to develop closer relationships 15 between the inmate and family members or others in the community. Md. Division of Corr. Inmate Handbook at IV. L (2007). See also Md. Div. of Corr. Policy Md. Div. of Corr. Policy 195.0001.01 195.0001.05.M.1. Yes Friday, Saturday, Sunday, Monday visiting hours. At least two visits per week. Md. Div. of Corr. Policy 195.0001.05.F, G. Yes Yes http://www.dpscs Yes .state.md.us/loca Code of Mass. tions/prisons.sht Regulations, Title ml 103, Chpt 483.00 Yes http://www.mich igan.gov/correcti ons/0,1607,7-119-Yes 1441_44369--- Mich. Admin. Code, ,00.html R791 Yes 3 days per week (including a weekend day and a weekday evening) Yes Yes Yes 2004 Mass. Dep't of Corr. Family and Friends Handbook 18 (2001) No 103 CMR 483.08(4) Yes 10 plus immediate family Yes 2007 No Mich. Dep't. of Corr. Policy 5.03.140.G Page 11 of 26 No 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Has child-specific rules? Yes Any suspension of the prisoner’s visiting privileges may be imposed only by the Chief Administrative Officer and only with the approval of the Commissioner of Corrections. The suspension may last only as long as necessary to resolve the risk to safety, security, or orderly management. A suspension of the prisoner’s visiting privileges shall not be imposed in any case in which a restriction of visiting privileges, such as a requirement of noncontact visitation, would be sufficient to address the risk. The prisoner shall be notified in writing of a suspension or restriction of visiting privileges, whether imposed on the prisoner or the visitor. A prisoner may use the grievance process to grieve a decision to terminate a visit or to deny, suspend or restrict visiting privileges. A visitor may contest a denial, suspension or restriction of visiting privileges by writing to the Chief Administrative Officer, or designee, within seven (7) business days of written notification. Alabama Yes In extenuating circumstances, e.g., visit from out of state. Maine Me. Dep't of Corr. Policy 21.4.VI.A.9. No No Me. Dep't of Corr. Policy 21.4.VI.G. Yes Each facility shall ensure that minors are permitted to visit prisoners. . . . No No Me. Dep't of Corr. Policy 21.4.VI.H. Yes Yes Maryland Where travel one way is greater than 200 miles, etc. Md. Div. of Corr. Policy 195.0001.05.T. Yes Code of Md. Reg. 12.02.16.06 Visitor Searches. If space is available may provide facilites for children visitors. See also Md. Div. of Corr. Policy 195.0001.05.I, J, K, V. No Md. Div. of Corr. Policy 195.0001.05.E.7 Yes No No Md. Div. of Corr. Policy 195.0001.05.W, X. Yes Massachusetts Yes Yes Special accomodations, which vary by facility, are available for visitors travelling long distances. No Visitor's may contest restrictions in a letter within 15 days Yes No 103 CMR 483.16(6) See 103 CMR 483.14 Termination of visits due to overcrowding does not apply to visitors who have traveled over 400 miles round trip. Yes Mich. Dep't of Corr. Policy 5.03.140.HH No See Mich. Dep't. of Corr. Policy 5.03.140. (scattered provisions including L; LL; XX). No Depends on the particular institution. Requires consent forms for visiting minors unaccompanied by parents. There are specific clothing exclusions and allowable items for children and infants, and each visiting room has a children's area. No No Yes Michigan No Page 12 of 26 Notes for reader Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Basic Limitations Promotes / Encourages visitation in policy documents? Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes Minnesota http://www.do c.state.mn.us/ Yes Yes http://www.doc.s tate.mn.us/DOcp Yes olicy2/html/DP (see, e.g. Minn. W_Main.asp Rules 2945.2520) Yes Yes 2010 Yes Yes To provide the opportunity for offenders to receive visits from carefully screened family and friends while incarcerated. 24 Time limit: 2 hours, extendable with permission. Minn. Dep't of Corr. Policy 302.100 Minn. Dep't of Corr. Policy 302.100.B.1. Minn. Dep't of Corr. Policy 302.100.A.1. Yes 10, not including children. Updated every 6 months. No cross listing of visitors. Varies by institution and security level. Medium & Minimum Custody Offenders – Saturday or Sunday, 0900 – 1400 hours. Each unit has its own assigned visitation days. Special Treatment Units – Protective Custody Offenders - Minimum Custody every Monday, (except 5th) Medium Custody – 2nd & 4th Monday; Closed Custody – 3rd Monday. Closed Custody Offenders – Unit 29 – 3rd or 4th Tuesday & 3rd or 4th Wednesday. (Please contact MSP Visitation Department for further information). Closed Custody Offenders – Unit 32 – Alpha Building – 2nd Tuesday, Bravo Building – 1st Wednesday Closed Custody General Population: Unit 29 -2nd Tuesday monthly; Unit 32–4th Tuesday Behavior Management Program – NO VISITS Death Row Offenders – 1st & 3rd Tuesday Long-Term Administrative Segregation Status – One (1) hour non-contact visit on the 2nd Monday in the last month of each quarter with any approved visitor on their visitation list. Miss. Dep't of Corr. Policy 31-03-01 at 417-26. Miss. Dep't of Corr. Policy 31-03-01. Yes Mississippi http://www.m doc.state.ms.u s/ No Yes No (But see Miss. Admin. Code, Title 29) Yes Yes 2011 No Yes Friday, Saturday, Sunday. Two separate four hour blocks of visiting. Yes Yes Missouri http://doc.mo. gov/ No No No (But see, Missouri Code of State Regulations, Title 14) Yes Yes 2010 Strongly supports and encourages use of the visiting privilege to assist the offender population in maintaining strong ties to the community. Mo. Dep't of Corr. Policy IS13-3.1.III.F. 20. May change list twice per year. No cross visiting. Background check on all proposed visitors. Minimum of 8 visits per month. Mo. Dep't of Corr. Policy IS13-3.1. I. Mo. Dep't of Corr. Policy IS13-3.1.III.I.1., L.1. Page 13 of 26 Mo. Dep't of Corr. Policy IS13-3.1.III.H. 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Has child-specific rules? Notes for reader Yes Yes Yes May request an extension of visiting time when there are special circumstances or the visitor has driven more than 100 miles to visit. Minnesota Minn. Dep't of Corr. Policy 302.100.A.1; G. Yes Yes No Minn. Dep't of Corr. Policy 302.100OPH. Denial of visiting privileges may be appealed in writing within 15 days of an official written decision to the warden or designee, who will render a decision within 5 days from the receipt of the appeal. Yes Minn. Dep't of Corr. Policy 302.100.F. Minn. Dep't of Corr. Policy 302.100.D. Levels 5 and 4: 16 hours per month Level 3: 24 hours per month Levels 2 and 1: 36 hours per month Minors can visit only if accompanied by a parent or guardian or another adult they authorize. There are additional restrictions on visitation within inmates who have abused children in the past. Minn. Dep't of Corr. Policy 302.100.A.1. Minn. Dep't of Corr. Policy 302.100.B.2. Alabama Yes Yes Death bed visits and family members not on approved list Mississippi Conjugal visit/extended family visit, but not available for inmates married to other inmates after 1999. Ten dollar per night fee. Maximum of 5 nights every three months. Spouses of inmates with STD's may be prohibited. Yes Diaper bags allowed. Toys not allowed. Yes Miss. Dep't of Corr. Policy 31-03Miss. Dep't of Corr. Policy 31- 01 at 99-100, 634-82, 745-47, 77303-01 at 506. 85. No Yes No Miss. Dep't of Corr. Policy 31-03-01 at 193-220. Miss. Dep't of Corr. Policy 31-0301 at 261-263, 288. Miss. Dep't of Corr. See Miss. Dep't of Corr. Policy 31Policy 31-03-01 at 59703-01 at 453-505. 598. Yes Yes Play areas for children will be provided. "Food visits" as an incentive for good behavior. Missouri Yes Mo. Dep't of Corr. Policy IS133.1.III.K.3. No Various kinds of special visits (military leave; long distance travel; terminal illnes; etc.). Mo. Dep't of Corr. Policy IS133.1.III.S. No But does exist. See Patrick Doyle, et al., Prison Video Conferencing, Vermont Legislative Research Service 3, May 15, 2011 Mo. Dep't of Corr. Policy IS133.1.III.D.3. A visitor may appeal visiting restrictions or suspension of visiting privileges to the appropriate deputy division director in Central Office. May also reapply after one year. Yes Mo. Dep't of Corr. Policy IS13-3.1.III.L.11. See also "Trace technology searches." Mo. Dep't of Corr. Policy IS13-3.1.III.R (termination of visiting privileges - visitor). Mo. Dep't of Corr. Policy IS13-3.1.III.N. Page 14 of 26 Offenders who have immediate family incarcerated at the same facility will be allowed to visit each other two (2) times per year (January and July). Children's birthday celebrations within one month of actual birthday (12 and under). No Mo. Dep't of Corr. Policy IS133.1.III.K.4. Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Basic Limitations Promotes / Encourages visitation in policy documents? Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes Montana http://www.cor .mt.gov/defaul t.mcpx Yes Nebraska http://www.co rrections.nebr aska.gov/ Yes Nevada http://www.do c.nv.gov/ Yes Yes No http://www.cor. (But see, Admin. mt.gov/Resource Rules of Mont., s/Policy/default. 20.9.622 (for mcpx juvenile facilities)) Yes Yes 2011 Mont. Dep't of Corr. Policy 3.3.8.I. No No Yes http://www.corre ctions.nebraska.g Yes ov/policiesmailp Neb. Admin. Code. honevisit.html Title 68, Chpt 4 Yes No 2010 No No No Yes No http://www.doc.n (But see, Nev. v.gov/ar/index.p Admin. Code, Ch. hp?idnum=0 211 on jails) Encourages family ties and supportive relationships important to the stability of offenders while incarcerated and upon release. No Yes No 2011 No But see Nev. Dep't of Corr. Admin. Reg. 719.7. No Yes 20 plus family. Yes N.H. Code Admin. R. Corr. 305.02(i). New Hampshire New Jersey http://www.nh .gov/nhdoc/ Yes http://www.sta te.nj.us/correct ions/pages/ind ex.shtml No Yes http://www.nh.g Yes ov/nhdoc/docum N.H. Code Admin. R. ents/7-09.pdf Cor 305 Yes No http://www.mich ie.com/newjerse y/lpext.dll?f=tem Yes plates&fn=main- N.J. Admin. Code h.htm&cp= 10A, Chpt 18 To foster relationships with family and community volunteers that will improve the opportunities for inmates to successfully reintegrate No visitor can visit more than one inmate unless into the community. family. No 2009 N.H. Dep't of Corr. Policy 7.09.I. Yes No N.H. Dep't of Corr. Policy 7.09.IV.I.10. But see N.H. Dep't of Corr. Policy 7.09. (Hours of each unit listed). No No "It is the mission of the Department of Corrections' inmate visit programs to encourage inmates to maintain the closest ties possible with family, friends and other members of the community, including clergy, and any other persons as determined by the Department, who may have a constructive influence on the inmate." Yes No - N.J. Dep't of Corr. Policy IMM.007.000. Page 15 of 26 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Has child-specific rules? Yes Children must be accompanied by parent, guardian, or other approved adult. Yes Mont. Dep't of Corr. Policy 3.3.8.IV.C.2. Long distance; deathbed; clergy; etc. Facilities issue specific rules related to children. Yes No Montana Mont. Dep't of Corr. Policy 3.3.8.IV.K. No No But See Mont. Dep't of Corr. Policy 3.3.8.IV.D. Mont. Dep't of Corr. Policy 3.3.8.IV.G. See also Mont. Dep't of Corr. Policy 3.1.17. No Mont. Dep't of Corr. Policy 3.3.8.IV.B.1.f. Yes Alabama Yes Long distance, health emergency, clergy, legal, etc. Yes Only in one women's facility for children under age 6. Must control children, but cannot use corporal punishment. No Nebraska Neb. Dep't of Corr. Policy 205.02.IV. See http://www.corrections.nebraska.g ov/nccw.html. No Nevada No No No No But see Neb. Dep't of Corr. Policy 205.02.VII.A (dress code). No Neb. Dep't of Corr. Policy 205.02.VI.A. No No No No Yes Restrain children from disruptive behavior. N.H. Code Admin. R. Corr. 305.02(q)(3). Yes New Hampshire New Jersey N.H. Dep't of Corr. Policy 7.09.IV.K. Yes Yes Yes N.H. Dep't of Corr. Policy 7.09.J.6.; N.H. Code Admin. R. Corr. 305.02(m). No No No No Yes No See video visitation description: But inmates whose contact visit privileges are http://www.state.nj.us/correcti revoked may petition after 1 year for reinstatement. ons/pages/VideoConference.ht ml N.J. Admin. Code 10A:18-6.20. Yes N.J. Admin. Code 10A:18-6.14. Page 16 of 26 N.H. Dep't of Corr. Policy 7.09.IV.C Yes No toys allowed; joint responsibility of visitor and inmate. N.H. Dep't of Corr. Policy 7.09.I.3. Although not described in policy documents, limitations on frequency and duration of visits exist for inmates in the Management Control Unit, those Yes with zero tolerance offenses, and close custody inmates. N.J. Admin. Code 10A:18-6.8. Notes for reader Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Basic Limitations Promotes / Encourages visitation in policy documents? Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes Hours from 830-3 at least on weekends. Guide for Families and Friends of Justice Involved New Mexicans, N.M. Dep't of Corr. at 18 (no date). Yes New Mexico http://www.co rrections.state. nm.us/ Yes Yes http://www.corre ctions.state.nm.u s/policies/current /CD100200English.p df No Yes Yes 2010 The number of visitors an inmate may receive and the length of visits may be limited only by the institution’s schedule, space, and personnel constraints, or when there are substantial reasons to justify such limitations. Shall provide a visiting program designed to enhance the inmates' opportunities to establish or maintain family and personal relationships. Yes N.M Dep't of Corr. Policy CD-100200 at Policy B. N.M Dep't of Corr. Policy CD-100200 at Policy C.1. N.M Dep't of Corr. Policy CD-100200 at Policy I. 15 Yes New York www.docs.stat e.ny.us/ No Yes Yes http://www.docs. N.Y. Code of Rules state.ny.us/Rules and Regulations, Regs/index.html Title 7, Chpt IV Yes Yes No http://www.doc.s N.C. Admin. Code tate.nc.us/public Title 15, Sec .0200 ations/ REPEALED To provide inmates with an opportunity to maintain relationships with friends and relatives in order to promote better community adjustment upon release. Yes 1991 N.Y. Comp. Codes R. & Regs. 7, § 200.1. Yes 2006 (2010 for handbook) No Yes Varies by security classification. No N.Y. Dep't of Corr. Policy 4403.III. Yes Yes North Carolina www.doc.state .nc.us/ Yes Yes (unsigned 'rules') 18. Can only make changes every 6 months. N.C. Dep't of Corr. Policy 956 at 1. No more than 1 visit per week of up to two hours (plus legal/clergy visits) N.C. Dep't of Corr. Policy 956 at 2. Yes Three days per week for two hours per day. N.D. Dep't of Corr. Policy 6G-4.3.A.3. North Dakota www.nd.gov/d ocr/ No No No No (But see, North Dakota Admin. Code, Title 94) Yes No 2010 No No Up to a total of 20 hours per month. But see N.D. Dep't of Corr. Policy 6G-4.3.B. N.D. Dep't of Corr. Policy 6G-4.3.C.2. Yes Ohio www.drc.ohio. gov/ Yes Yes No Yes (Baldwin's) Ohio Admin. Code 5120-915 Yes No 2009 The visiting program is designed to enhance contact with family and Yes other support persons that will enable the offenders to successfully reenter society at the conclusion of their incarceration. 15 No Ohio Dep't of Corr. Policy 76-VIS-01.II. Ohio Admin. Code 5120-9-15(I). Page 17 of 26 Ohio Dep't of Corr. Policy 76-VIS-01.VI.C.1. Discretion of each warden. 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Has child-specific rules? Notes for reader Yes Yes Alabama New Mexico Yes Hospitality centers to provide comfortable space for kids after long trip. The number of visitors an inmate may receive and the Yes Guide for Families and Friends of length of visits may be limited Justice Involved New Mexicans, only by the institution’s schedule, Guide for Families and Friends of Justice N.M. Dep't of Corr. at 14, 18-19 space, and personnel constraints, Involved New Mexicans, N.M. Dep't of Corr. at 14 (no date). or when there are substantial (no date). reasons to justify such limitations Depending on security level you (8) Published dress code. can/cannot hold your own children. Guide for Families and Friends of N.M Dep't of Corr. Policy Attachment CDJustice Involved New Mexicans, 100201.B. N.M Dep't of Corr. Policy CDN.M. Dep't of Corr. at 16 (no N.M Dep't of Corr. Policy CD-100201, "Visitor 100201, "Visitor Investigations; date). Investigations; Termination and Suspension of Termination and Suspension of N.M Dep't of Corr. Policy CDVisiting Privileges" at G. Visiting Privileges" at A. 100200 at Policy I. Yes Guide for Families and Friends of Yes Justice Involved New Mexicans, N.M. Dep't of Corr. at 16 (no Guide for Families and date). Friends of Justice Involved New Mexicans, N.M. Dep't of Up to 24 hours, but fee for visits. Corr. at 16 (no date). N.M Dep't of Corr. Policy CD100201, 2-CO-5D-01. "PB&J program." Especially for inmates for whom contact See also N.M Dep't of Corr. visitation is restricted. Policy CD-100205, "Family overnight Visitation for Female N.M Dep't of Corr. Policy CDOffenders." 100200, "Televised Visits." Yes N.M Dep't of Corr. Policy CD-100201, "Visitor Investigations; Termination and Suspension of Visiting Privileges." See also N.M Dep't of Corr. Policy CD-100203, Indefinite/Permanent Suspensions of a Relatives Visiting Privileges." Yes Yes Yes New York No See N.Y. Dep't of Corr. Policy 4500. Yes No Yes New program run by Osborne Association - not in policy N.Y. Comp. Codes R. & Regs. 7, § 200.5. documents. N.Y. Dep't of Corr. Policy 4403.VIII.C. Higher security classifications have expanded visiting hours. Yes N.Y. Dep't of Corr. Policy 4403.VI. Yes Yes Scattered references. N.Y. Dep't of Corr. Policy 4403.III. N.Y. Dep't of Corr. Policy 4403. No No North Carolina Dep't of Corr., Handbook for Dep't of Corr., Handbook for Family and Friends of Inmates Family and Friends of Inmates 32 31 (2010). (2010). No Dress code Yes N.C. Dep't of Corr. Policy 956 at 2. Dep't of Corr., Handbook for Family and Friends of Dep't of Corr., Handbook for Family and Friends N.C. Dep't of Corr. Policy 956 at Inmates 33 (2010). of Inmates 29-30 (2010). 2. But see Dep't of Corr., Handbook for Family and Friends of Inmates 36 (2010). Yes Yes North Dakota N.D. Dep't of Corr. Policy 6G4.3.D; N.D. Dep't of Corr. Policy 6G-4.3.B.4.o. No Visitors with children may bring a diaper bag. Yes No No N.D. Dep't of Corr. Policy 6G-4.3.F.2, 6, 7. No N.D. Dep't of Corr. Policy 6G4.3.F.8 Yes Minor children do not count towards visitor list limitations. No No Yes Ohio Ohio Dep't of Corr. Policy 76VIS-01.VI.E. No No But does exist as a new program, not in policy documents, at four facilities. Ohio Dep't of Corr. Policy 76-VIS01.VI.C.9. But visitor applicants are background checked, including an electronic search through records kept by the Department of Corrections. But see Ohio Dep't of Corr. Policy 76-VIS-01.VI.F.8- Ohio Dep't of Corr. Policy 76-VIS-01.VI.C.3. 10; Ohio Admin. Code 5120-9-15(H). Page 18 of 26 Visit will be terminated if visitor fails to control children. No Ohio Dep't of Corr. Policy 76-VIS01.VI.F.8.c. Separate policy directive for general inmate visitor program, family reunion program, and legal visiting. Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Promotes / Encourages visitation in policy documents? Yes Oklahoma http://www.do c.state.ok.us/ Yes Yes No (But see, Okla. http://www.doc.s Admin. Code, Title tate.ok.us/offtech 170, Dept. of /toc03.htm Corrections) Basic Limitations Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes Visits are encouraged within the Department of Corrections (DOC) to 6 plus family, but family is narrowly defined. No enable the offender to strengthen family and community ties, Children do not count. Parents count as one visitor. increasing the likelihood of the offender’s success after release. Varies by facility. Ceiling is set per security classification. Yes Yes 2011 Okla. Dep't of Corr. Policy 030118. Okla. Dep't of Corr. Policy 030118.I.A; II.D. Okla. Dep't of Corr. Policy 030118.I.B, C, D. Yes Inmates are allowed one visit per day per visitor, but up to four in total, on weekends and holidays. Yes Oregon http://www.or egon.gov/DO C/index.shtml Yes Yes http://www.oreg on.gov/DOC/PU BSER/rules_poli Yes cies/rules_alpha. Oreg. Admin. Rules, shtml 291-127 No Yes In partnership with family advocacy group. 2011 Yes Or. Admin. R. 291-127-0260(5)(c). The Department encourages productive relationships between 20, exclusive of children under age 13. families and inmates and sees inmate visitation as a positive means to Prisoners may add or remove visitors from the list at Complicated point system for allocating visiting room strengthen ties and increase the likelihood of success upon release. any time. space on a monthly basis. Or. Admin. R. 291-127-0200(2). Or. Admin. R. 291-127-0240(6)(A). See Or. Admin. R. 291-127-0250. Yes Pennsylvania http://www.cor .state.pa.us/po rtal/server.pt/c ommunity/dep artment_of_co rrections/4604 Yes Yes http://www.cor.st ate.pa.us/portal/s erver.pt/commun ity/department_o f_corrections/46 04/doc_policies/ 612830 Yes Penn. Admin. Code, Title 37, Chpt 93.3 & 95.233 Yes No 2009 No Yes Up to every day of year, with possible morning, afternoon, and evening visiting hours. At least one hour per visit and at least one visit per week. 40 37 Pa. Code § 93.3(h)(3)-(4). Pa. Dep't of Corr. Policy DC-ADM 812 § 1 at E.1. Pa. Dep't of Corr. Policy DC-ADM 812 § 1 at B.3. Yes Rhode Island http://www.do c.ri.gov/index. php Yes Yes http://www.doc.r Yes i.gov/friends/ind R.I. Admin. Code, 17ex.php 1-16 Yes No 2007 It is the policy of the Rhode Island Department of Corrections (RIDOC) to encourage inmates, in a manner consistent with sound security practices, to have regular social visits with relatives and other Yes individuals in order to maintain close family ties and other positive relationships. 9 3 visiting periods per week, minimum. 1.5 hour minimum per visiting period. Discretion of warden. R.I. Dep't of Corr. Policy 24.03-3.II. R.I. Dep't of Corr. Policy 24.03-3.III.B. Page 19 of 26 R.I. Dep't of Corr. Policy 24.03-3.III.D.3. Yes 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Has child-specific rules? Yes Oklahoma The higher security status the lower the number of hours for visits per week (max is just 4 No hours/week plus holidays; min is 8). Local rules govern children. Yes Yes Okla. Dep't of Corr. Policy 030118.III.D. Okla. Dep't of Corr. Policy 030118A, Okla. Dep't Okla. Dep't of Corr. Policy of Corr. Policy 030118D. 030118.I.B, C, D. No No No Okla. Dep't of Corr. Policy 030118.III.A.5. Yes Visiting points shall not be deducted for a child one year of age and under, as long as the child is held during the visiting session. Visiting points shall not be deducted for visitors age 65 and older. Alabama Or. Admin. R. 291-1270250(1)(b). Yes Also scattered provisions on diaper bags; visit termination if children not controlled; no children to be left unattended in parked cars; etc. Robust policy provisions in place to allow video visitation both by prisoners on "basic" visitation and those for whom it is more convenient, but does not appear to exist in practice yet. Yes Yes Yes Oregon Or. Admin. R. 291-127-0280. No Some facilities have special programming for infants and children, including extended visits, and visiting rooms designed for children and families. Yes Yes Pa. Dep't of Corr. Policy DCADM 812 § 1 at B.3. Pa. Dep't of Corr. Policy DCADM 812 § 1 at D.3. Dress code; no blue denim; must wear underwear. No Or. Admin. R. 291-1270210(29). Or. Admin. R. 291-127-0240(9)(b); Or. Admin. R. 291-127-0245; Or. Admin. R. 291-127-0330. Or. Admin. R. 291-127-0290. Yes Yes Prohibits pat/frisk searches. In some cases metal detector alarm will result in a no contact visit. Electronic drug detection can be used on individuals and their vehicles Yes "Virtual visitation" Pennsylvania Pa. Dep't of Corr. Policy DCADM 812 § 2 at B; 37 Pa. Code § 93.3(h)(7). Yes No Pa. Dep't of Corr. Policy DCADM 812 §2 at K. Pa. Dep't of Corr. Policy DC-ADM 812 § 1 at N. Pa. Dep't of Corr. Policy DC-ADM 812 § 3. Yes Yes Narcotics equipment, metal detector, hand or wand frisk. Visual inspection of open mouth. Failure to control children will lead to termination of visit. Children are not to run or play loudly. R.I. Dep't of Corr. Policy 24.03-3.III.F. Yes Rhode Island R.I. Dep't of Corr. Policy 24.033.III.G. No No Yes Dress code R.I. Dep't of Corr. Policy 24.03-3.III.F.10. R.I. Dep't of Corr. Policy 24.03-3 Attachment 1. Page 20 of 26 No R.I. Dep't of Corr. Policy 24.033.III.B.11(s). Notes for reader If the offender is married, no person of the opposite gender may be listed as "friend" on the approved visiting list. Okla. Dep't of Corr. Policy 030118. Add01.A. Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Promotes / Encourages visitation in policy documents? Basic Limitations Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes South Carolina http://www.do c.sc.gov/ Yes Yes Yes 15, must have no criminal record. Changes to list only once per 120 days. Only on Friday, Saturday, Sunday, and holidays. One visit per day. No more than 8 visits per month. S.C. Dep't of Corr. Policy OP-22.09.4 Yes S.C. Dep't of Corr. Policy OP-22.09.2, 3. 2, plus family. Must clear background check first. No Yes No Admin. Rules of So. Dak., 17:50:02 Yes S.D. Dep't of Corr. Policy 1.5.D.1.IV at "Approval for Visits" A.23; S.D. Admin. R. 17:50:02:01. Yes No No (But see, Rules & Regs. Of State of Tennessee, Chpt. 0420) Yes http://www.tdcj.s tate.tx.us/docum ents/cid/Offende r_Rules_and_Re gulations_for_Vi sitation_English. pdf Yes No http://www.doc.s (But see, S.C. Code c.gov/family/visi of Regulations, Chpt. tation.jsp 33) Yes Practice is to enable and encourage inmates, consistent with security and classification requirements, to visit with family members and friends. Yes 2006 S.C. Dep't of Corr. Policy OP-22.09. Discretion of facility South Dakota http://doc.sd.g ov/ No No Yes 2007 No S.D. Admin. R. 17:50:02:02. Yes Yes Tennessee http://www.sta te.tn.us/correct ion/ Yes Yes Yes By facility 2010 No 8 plus family. One year wait between being on one list and being put on another. Weekends, and holidays, plus one weeknight per week, plus more at discretion. Cannot visit both at evening and on weekend. Tenn. Dep't of Corr. Policy 507.01.VI.B.6(a), (o). Tenn. Dep't of Corr. Policy 507.01.VI.E. Yes Texas http://www.tdc j.state.tx.us/ Yes No (But see, Tex. Admin. Code, Title 37) Yes Yes 2008 Yes Yes 10. Ex-offenders require written permission from the supervising agency, based on which Warden Weekends from 8am to 5pm. One visit per weekend makes a decision to grant or deny visit. Changes to with up to two adult visitors for a maximum of two list allowed every 6 months. hours at a time. Tex. Dep't of Crim. Just. Policy I-218. Tex. Dep't of Crim. Just. Policy I-218.2.1 - 2.3. Page 21 of 26 Tex. Dep't of Crim. Just. Policy I-218.1.4. 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Has child-specific rules? Yes Only immediate family allowed to visit. Yes South Carolina Yes Dress code. Must be immediate family and on the visiting list. S.C. Dep't of Corr. Policy OP-22.09.7.1. S.C. Dep't of Corr. Policy OP22.09.5.12. No No Yes Search procedures. S.C. Dep't of Corr. Policy OP-22.09.17.2 S.C. Dep't of Corr. Policy OP-22.09.8, 9. No Alabama South Dakota S.C. Dep't of Corr. Policy OP22.09.5.1. Yes Visit subjection to termination if children are disturbing other visitors. S.C. Dep't of Corr. Policy OP22.09.2, 3. S.C. Dep't of Corr. Policy OP22.09.7.7. No Yes But see Women mother's weekendlong program: S.D. Dep't of Corr. Policy http://doc.sd.gov/adult/facilities/w 1.5.D.1.IV at "Special Visits." p/mip.aspx No But subject to search S.D. Dep't of Corr. Policy 1.5.D.1.IV at "Searches." S.D. Admin. R. 17:50:02:08. No No, but two classes of visiting room. No Yes Scattered provisions. Special family visitation program (pg 7). Tenn. Dep't of Corr. Policy 507.01.VI.E.4(b). "The TDOC recognizes the value of family bonding in regards to the development of children (especially toddlers and infants). Visitation rules of each facility should therefore make reasonable allowances for some physical contact between parents and toddlers and infants." Yes Yes Yes For children, those from over 200 miles away, attorneys, crisis intervention, etc. Tennessee Tenn. Dep't of Corr. Policy 507.01.VI.E.4. Yes No No Yes Dress code: no thongs, no water brassieres. Review of visitation suspension every 6 months. Tenn. Dep't of Corr. Policy 507.01.VI.M. Tenn. Dep't of Corr. Policy 507.01.VI.G.4. See also policy #506.06. Tenn. Dep't of Corr. Policy Minimum security inmates get 507.01.VI.F.2. most choice of areas for visitation. Max security are limited to more Visits may be terminated if kids secure areas for visiting. misbehave. Tenn. Dep't of Corr. Policy 507.01.VI.K. Tenn. Dep't of Corr. Policy 507.01.VI.G.2(b). Yes Visit will be terminated if children distrub other visitors. Yes Over 300 miles away, for immiediate family members. Search of person and vehicle. Yes Special visits include clergy; prospective employers; health emergency; etc. Texas Tex. Dep't of Crim. Just. Policy I-218.6.0 No Yes Tex. Dep't of Crim. Just. Policy I-218.3.6. May appeal within 14 days of suspension. If denied, Visitor rules and dress code. Pants must be worn may appeal again 6 months later. "at or above the waist." No Tex. Dep't of Crim. Just. Policy I-218.3.12.3.13.17. Tex. Dep't of Crim. Just. Policy I-218.3.12. Page 22 of 26 Tex. Dep't of Crim. Just. Policy I- Tex. Dep't of Crim. Just. Policy I218.1.5. 218.3.14.1. Notes for reader Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Utah http://correctio ns.utah.gov/ No Yes http://corrections .utah.gov/visitati on_facilities/visit ing.html http://corrections .utah.gov/visitati on_facilities/visit ing_rules.html Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Basic Limitations Promotes / Encourages visitation in policy documents? Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes "Visitation serves an important role in preserving the relationship between inmates and their families and friends." Yes Utah Admin. Code, R251-305 & R251706 No Yes 2011 No Utah. Dep't of Corr. Inmate Oreintation Booklet 4, available at http://corrections.utah.gov/visitation_facilities/documents/friendsandf But all approved visitors must submit a renewal amilymanual2012.pdf. form annually. Yes No more than 2 hours per visit per day Yes Vermont http://www.do c.state.vt.us/ Yes No http://www.doc.s tate.vt.us/about/p olicies/policieshome No (But see, Vermont Admin. Code, Title 12, Subtitle 8) "The Department urges and encourages extensive visiting to foster and maintain family and community ties. Therefore, in order to ensure that the facility does not isolate the residents from the public and from their families and friends, each facility shall establish visiting practices that are as open as facility resources, program demands, and security will permit." No No 2010 Vt. Admin. Code 12-8-22:966. No Discretion of each warden. No Vt. Admin. Code 12-8-22:966. Yes Virginia http://www.va doc.virginia.g ov/ No No http://www.vado c.virginia.gov/ab out/procedures/d ocuments/800/85 1-1.pdf Yes Virginia Admin. Code, Title 6, Chpt 15-45-1840 (see also,6 VAC 15-40680; 6 VAC 15-401330; 6 VAC 15-80470) Yes "Newly received offenders" no visitation for 60 days. Yes Then, generally Saturday, Sunday and all state holidays. Though inmates given "one hour" on "designated days" within that range if visits exceed capacity. "The DOC encourages visiting by the family, friends, clergy, and other community representatives when visits do not pose a threat to others or violate any state or federal law." Yes 2012 Va. Op. Proc. 851.1.I No Va. Op. Proc. 851.1.IV.G. Yes No Washington West Virginia http://www.do c.wa.gov/ Yes http://www.wv doc.com/wvdo c/ No Yes No No http://www.doc. (But see, Wash. wa.gov/policies/ Admin. Code, Title default.aspx 137) No Recognizes the vital role families play in the re-entry process and will support offenders in maintaining ties with family, friends, and the community by setting reasonable criteria for pesonal visits. Recognizes the need to engage community stakeholders, partners, and offender families in the re-entry process. Yes No (But see, West Va. Code of State Rules, Title 90) Yes Yes 2011 Wash. Dep't of Corr. Policy 450.300 at Policy I, II. But must be preapproved and visitors can only appear on one inmate's list, except that provisions are made for immediate family to visit multiple inmates. Wash. Dep't of Corr. Policy 450.300.IV.A, D. No No But all visitors must apply and are subject to background check. May only appear on one inmate's list unless family. No 2010 No W. Va. Div. of Corr. Policy 505.03.V.C, D. (2010). No Yes Wisconsin http://www.widoc.com/ Yes Yes Yes https://docs.legis Wisc. Admin. Code, .wisconsin.gov/ Chpt. 309 Yes Yes 2010 No Page 23 of 26 12, not counting children. Can only change list every 6 months. Must clear a background check. Yes Wis. Dep't of Corr. Policy 309.06.01.II.B.2, III.D. At least 9 hours per week. Wis. Admin. Code DOC § 309.08(1)(a). Wis. Admin. Code DOC § 309.09(3). 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Has child-specific rules? Notes for reader Yes Yes Utah Admin. Code r.251-305-3(26). Yes See also Utah. Dep't of Corr. Inmate Oreintation Booklet 5, available at http://corrections.utah.gov/visitation_facilities/docu ments/friendsandfamilymanual2012.pdf. Ionizer, property, vehicle search. Attire "must be conservative to enhance a family atmosphere." Female visitors must wear a bra and undergarments. No Utah Not in policy but prisons regularly make accomodations for long distance, etc. No No Level I and Level II inmates shall not exceed one and one-half hours per visit. High level security visits are all 'barrier' The Inmate's Privilege Matrix Level shall determine the number of visits allowed per week/month. Yes All visits must be conducted in English. Visitors with babies may bring two diapers, one bottle, but no sippy cups allowed. Children under ten may wear shorts and sleeveless shirts. Unless otherwise noted, all information comes from rules posted on Utah Dep't of Corr. Website. Yes Limits may be placed on the visiting program of a resident in a special classification status. Alabama Vermont No No No No No Includes, but not limite to: clergy, attorneys, former or prospective employers, sponsors, parole advisors, and immediate family on "infrequent" visits or "extreme travel distance." Virginia Va. Op. Proc. 851.1.IV.E. Yes No Vt. Admin. Code 12-8-22:966. No Includes standards, such as "Offenders receive Yes approved visitors except Yes where there is Reference is made to a specific procedure, though substantial evidence that that procedure is not published online. "The total number of hours an Yes the visitor poses a threat offender may visit per month will to the safety of the Va. Op. Proc. 851.1.IV.A.6. be in accordance with Operating Allows unaccompanied visitation offender or the security Procedure 440.4" which is not with a notarized statement. of the program." Specific search procedures included. published online. Va. Op. Proc. Va. Op. Proc. 851.1.IV.I. Va. Op. Proc. 851.1.IV.G.7. Va. Op. Proc. 851.1.IV.F.3. 851.1.IV.A.2. Yes Va. Op. Proc. 851.1.IV.O. See http://www.vadoc.virginia.gov Yes /offenders/prisonlife/videoVisitation.shtm Va. Op. Proc. 851.1.IV.L.5. Yes No Yes From over 300 miles away, clergy, attorneys, health crisis. Yes Washington Wash. Dep't of Corr. Policy 450.300.II.A. Yes Wash. Dep't of Corr. Policy 590.100. Yes Child friendly space: "visit rooms will provide toys and games Inmates in Intensive Management suitable for interaction by family Yes Unit are limited to no contact members of all ages"; "rule visits with immediate family enfrcement will be sensitive to Canine searches, pat searches, electronic searches. members. visitors, particularly children." Though Washingont is piloting a program in its women's facilities soon. See Patrick Doyle, et al., Prison Video Conferencing, Yes Vermont Legislative Research Service 3, May 15, 2011 Wash. Dep't of Corr. Policy 450.300.XIII. Wash. Dep't of Corr. Policy 450.300.XV and 420.340. Long distances, hospitalized inmates, attorneys, clergy, etc. Wash. Dep't of Corr. Policy 320.255. Wash. Dep't of Corr. Policy 450.300.I.A.1(a), I.A.2, V. No No Yes Must present two forms of ID. West Virginia W. Va. Div. of Corr. Policy 505.00.V.F (2006). No No No W. Va. Div. of Corr. Policy 505.01.V.B (2004). Yes Yes Yes Yes Wisconsin Wis. Dep't of Corr. Policy 309.06.01.V; Wis. Admin. Code DOC § 309.10. No Where inmate is restricted from normal visits. Yes Wis. Admin. Code DOC § 309.08(3). Wis. Admin. Code DOC § 309.12(4); Wis. Dep't of Corr. Policy 309.06.01.III.G. Dress code. May be required to remove bra if it has an underwire. Wis. Dep't of Corr. Policy 309.06.01.VIII. Page 24 of 26 Scattered provisions. Breastfeeding allowed during visitation. No Wis. Dep't of Corr. Policy 309.06.01.IX.E. Accessing Visiting Policies Online Department of Any Visiting Corrections Policies on Policy on URL for ("DOC") DOC DOC Policies on Website Website? Website? Website Has a Visiting Regulation available on Westlaw? Written Visiting Policies Has a Policy Has a Visitor's Directive Handbook or from Plain English DOC? Instructions? 50 State BOP Corrections: Tone Visiting ofDirectives Policies Regulations Date of most recent source document Basic Limitations Promotes / Encourages visitation in policy documents? Limits number of visitors on approved list? Sets a floor for minimum visitation hours/days? Yes Wyoming http://correctio ns.wy.gov Yes Federal BOP http://www.bo p.gov/ Yes "It is the policy of the Wyoming Department of Corrections (WDOC) to provide an opportunity for inmates to visit on-site with approved individuals in an orderly and safe environment. Visiting is an integral component of facility management, inmate habilitation and community safety. Visiting can improve public safety and encourage responsible familial relationships by holding inmates accountable and reducing the risk of future criminal behavior." 10, not counting children. Can only change list every 6 months. Those over age 16 must pass background check. At least 3 days per week. At least 16 hours of visitation per institution per week required, with access to at least 2 visiting periods per week for each general population inmate. Yes Yes Yes No (But see, Wyoming http://corrections Rules & .wy.gov/policies/ Regulations)(listing a index.html Department) Yes Yes 2012 Wyo. Dep't of Corr. Policy 5.400.II.A and B. Wyo. Dep't of Corr. Policy 5.400.IV.H.1. Wyo. Dep't of Corr. Policy 5.400.IV.A.4 and 5. Yes http://www.bop. Yes gov/policy/index 28 Code Fed. Reg. .jsp 540.40 et. seq. No 2006 Yes No No Yes Page 25 of 26 50 State BOP Corrections: Visiting Directives Regulations Specific Procedures Special Visiting Provision Contains provision for Contains provision for long- overnight visiting (referred to as distance visitors ("special family reunion / extended / visitors")? conjugal visiting)? Contains provisions for video visitation? Contains provisions for grievance procedures for when visitation is suspended? Specifies search procedures for visitors? Specific Rules Limits visitors based on security classifications? Has child-specific rules? Yes The number of hours and visits allowed is determined by inmate status. Yes Wyoming Wyo. Dep't of Corr. Policy 5.400.IV.M. Yes No No Yes Yes Wyo. Dep't of Corr. Policy 5.400.IV.Q. Wyo. Dep't of Corr. Form 534: Visiting Rules. Business, consular, clergy, community groups, prospective employer, etc. Alabama Federal BOP 28 C.F.R. § 540.45 No No No Wyo. Dep't of Corr. Form 535: Summary of Inmate Visiting Eligibility by Status. Yes Scattered provisions. Yes Yes Background check may be performed. Search required, but details vary by facility. Under sixteen must be accompanied by and adult. 28 C.F.R. § 540.51. Page 26 of 26 No 28 C.F.R. § 540.51(b). Notes for reader