Existing Section 3045.2 is amended as
follows:
Subsection 3045.2(e)(2)(F)
is amended to read:
(F) Infrequent visits. When a visitor
unexpectedly arrives who has not visited in the last six months, the visit will
be considered an infrequent visit.
Subsection (e)(2)(G)
is unchanged:
New subsection
3045.2(e)(2)(H) is adopted to read:
(H) Work assignment conflicts. When the
inmate has not received a visit in the last 30 days and would otherwise be
prohibited from visiting because of a conflict in work, training, or education
assignment.
Subsection (f) through subsection (i)
is unchanged.
Authority cited: Section 5058, Penal Code.
Reference: Sections 2601, 2620, 2621, 2931, 2922 and 5045, Penal Code.
(a) These
regulations are made in recognition and consideration of the value of inmate
visitation as a means of increasing safety in prisons,
maintaining family and community connections, and preparing inmates for
successful release and rehabilitation. It is the intent of these regulations to establish a
visiting process in the institutions/facilities of the department that is
conducted in as accommodating
a manner as possible, subject to the need to maintain order, the safety of
persons, the security of the institution/facility,
and required prison activities and operations.
(b) The privacy of inmates and their visitors
shall be respected subject to the need to verify the identity of an inmate or
visitor; enforce laws,
regulations, and procedures; and/or ensure the safety of persons and
institution/facility security. Video-recording devices
may be utilized in visiting areas, excluding family visiting units or
confidential attorney consultation areas.
(c) Visits with inmates may, without prior
notification, be terminated, temporarily suspended, or modified in response to
an institution/facility
emergency as determined by the institution head or designee. Emergency
modifications of the visiting schedule shall
be posted at the institution/facility as soon as practical and will be included
in the automated telephonic visiting information system.
(d) Devices that do not allow physical contact
between inmates and visitors shall not normally be used, except as provided in
section 3170.1
or as necessary in the following circumstances:
(1) Physical contact with a visitor(s), or with
other inmates, will seriously endanger the safety of persons or the security of
the institution/facility,
(2) As a temporary measure for willful failure
or refusal to abide by visiting regulations.
(e) Each inmate and visitor is
responsible for his or her own conduct during visits. Any Violation of laws,
regulations, or local procedures
governing visits may result in termination, suspension, revocation, or denial
of visiting with the person or persons involved,
as described in section 3176. Such violation may also result in exclusion from
the facility, as described in section 3176.3.
(f) Reasonable
accommodation shall be afforded visitors and inmates with disabilities to
facilitate their full participation in contact, non-contact, or family visiting as provided in these rules.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Sections 2600, 5054 and 6400, Penal Code; and In re French,
164
(a) Visiting is permitted only in
designated areas and at designated times.
(b) Inmates shall not be permitted to visit
during the hours of their assignment to work, training, vocational and/or
academic education,
except as provided in section 3045.2.
(c) No limitations shall be placed on the
number of visitors approved to visit an inmate. However, limitations on the
length and frequency
of visits may be imposed to avoid overcrowding or the inequitable allocation of
visiting time or for other reasons as provided
in section 3176.
(1) An inmate shall not be permitted a contact
visit with more than five persons, including minors, at the same time. Groups
of visitors in excess of five may be
accommodated only once per visit by means of rotation through the visiting
area. Such rotation shall
be considered a single visit in the event it is necessary to terminate a visit
in progress in accordance with 3167(a)(9) and (10).
(2) An inmate shall not be permitted a
non-contact visit with more than three persons, including minors, at the same
time. Groups of visitors
in excess of three may be accommodated only one per visit by means of rotation
through the visiting area. Such rotation shall
be considered a single visit in the event it is necessary to terminate a visit
in progress in accordance with 3176(a)(9) and (10).
(d) Visiting with more than one inmate at the
same time, shall require that both inmates are approved to visit in the same
visiting room,
and that either:
(1) The visitors and inmates are immediate
family members; or
(2) The visitor(s) has prior written approval
from the institution/facility head or designee.
(e) Inmates undergoing reception center
processing shall be limited to non-contact visiting. If non-contact visiting cannot
be accommodated because of physical plant
limitations, the institution head shall take such limitations into account in
establishing an alternative
visiting plan. Inmates with disabilities, who remain at the reception center
for extended stays (exceeding 60 days) due to
their disability, shall be authorized regular visiting privileges.
(f) Inmates assigned to
Administrative Segregation and Security Housing Units shall be eligible for
non-contact visits only. On a case- by-case
basis, the institution head or designee may allow contact visits for
administratively segregated inmates. Visitors who have made appointments in advance for non-contact Administrative
Segregation and Security Housing Unit visits shall be given priority. Non-contact
visits shall be scheduled in one-hour increments and may be extended based on
space availability. When overcrowding
occurs, those who have visited at least one-hour and who have been visiting for
the longest time may have their visits
terminated as outlined in sections 3176(a)(9) and (10).
(g) During
contact visits, the inmate and visitor may pass, exchange, or examine any item
of property or consume food either party is permitted
to bring into or purchase in the visiting area, except those items that are deemed
to be contraband when in the possession
of the inmate. Neither party may retain or take anything from the visiting area
which the other party was permitted to bring
into or purchase in the visiting area, except legal documents as provided in
section 3178, and photographs that are taken during
the visit.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Sections 2600, 4570.5 and 5054, Penal Code.
(a) The institution head shall maintain
visiting procedures for inmate visiting at each institution/facility. All local
visiting procedures must
conform to and shall not conflict with the rules and regulations set forth in
this article. The degree of informality of inmate visiting will be
consistent with the security requirements of each institution/facility.
(b) Inmates shall be informed of
local visiting procedures and shall be given a written summary of all rules,
regulations and procedures
governing visiting at the institution/facility. Additional copies shall be readily
available for inmates to give or send to their
visitors. The written summary shall include the institution/facility visiting
schedule. This same summary will be conspicuously
displayed in all public entrances to the institution/facility and will be
available to any interested person. Institutions/facilities
shall have the visiting days and hours, as well as appropriate dress standards,
clearly published in the visiting centers
and in the visitor processing area.
(c) Inmates
may refuse to see a visitor. Such refusal shall not result in removal of the
visitor from the inmate’s visitor list. To remove a visitor from their approved visitor
list, inmates shall submit a written request to the visiting staff. After six
months, the inmate may make a
written request to have the visitor placed back on their approved visitor list.
At this time, the visitor shall reapply for approval
to visit by submitting a visiting questionnaire.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Sections 2080, 2601(d), 2930, and 5054, Penal Code.
(a) It is the inmate’s responsibility to
forward a visiting questionnaire to any prospective visitor.
(b) All adults seeking to visit an inmate shall
provide a completed visiting questionnaire and obtain institution/facility
approval before they
may be permitted to visit with an inmate.
(1) An emancipated minor shall apply as an adult
visitor, and shall provide a certified copy of the court order granting
emancipation.
(2) A minor legal spouse of an inmate may apply
to visit the inmate as an adult visitor with a certified copy of their marriage
license.
(c) Minor visitors shall have prior written
approval from a parent or legal guardian unless the minor applies as an adult
as provided in (b)
above. Except when prior approval has been obtained from the institution head
or designee for an inmate to visit with his or her
unchaperoned minor children or siblings, visitors
under 18 years of age shall be accompanied by an adult who is also approved to visit.
(d) It is a felony for any former prison inmate
to come on institution/facility property for any reason, without prior approval
of the institution
head or designee. Requests must be made in writing and include a visiting
questionnaire and a Certificate of Discharge. Parolees
and prospective visitors under probation or civil addict outpatient supervision
shall provide written proof of permission to make
such a visit from their case supervisor.
(e) The visiting approval application
process shall include an inquiry of personal, identifying, and the arrest
history information of the prospective
visitor sufficient to complete a criminal records clearance and a decision by
the institution/facility designated staff to approve
or disapprove based upon the information provided. This information is subject
to periodic review by designated staff. Any
change in the visitor’s name, address, telephone number, or arrest
history must be reported and may require submission of an updated questionnaire in
order to retain the status of an approved visitor.
(f) Previously approved visitors shall
submit a new visiting questionnaire prior to visiting any inmate who has been
returned to an institution/facility
from parole or admitted into a substance abuse treatment control unit while on
parole. The visitor shall not be allowed
to visit prior to obtaining the institution/facility approval.
(g) The applicant shall return the
completed questionnaire to the institution/facility via common carrier or
personal delivery (except as provided
in subsection (d) above) addressed to the attention of “Visiting”.
Any questionnaire received by the visiting office directly from an inmate shall be disapproved. Approved visitors
required to update information in accordance with (e) above, shall,
absent information which would warrant immediate disapproval, be allowed to
continue to visit pending review and approval/disapproval
of the questionnaire.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Sections 4571 and 5054, Penal Code.
(a) The authority to approve or disapprove
prospective visitors may be delegated by the institution head. This authority
shall not be delegated below the level of
a correctional sergeant or parole agent II.
(b) Reasons for disapproving a prospective
visitor include but are not limited to the following:
(1) The prospective visitor has outstanding
arrests / warrants including a Department of Motor Vehicles Failure to Appear notice with no
disposition from the court.
(2) The prospective visitor has one felony
conviction within the last three years or two felony convictions within the
last six years or three or more
felony convictions during the last ten years.
(3) The prospective visitor has any one conviction of
the following types of offenses:
(A) Distributing a controlled substance into or
out of a state prison, correctional institution/facility or jail.
(B) Transporting contraband (weapons, alcohol,
escape and drug paraphernalia, etc.) in or out of a state prison, correctional institution/facility or jail.
(C) Aiding or attempting to aid in an escape or
attempted escape from a state prison, correctional institution/facility or
jail.
(D) The prospective visitor is a co-offender of the
incarcerated inmate.
(4) The prospective visitor is a former prison inmate
who has not received the prior written approval of the institution head or designee. After one year from the
date of a former inmate's discharge from an institution/facility, or after
discharge from parole or outpatient
status, the institution head will only deny visiting by a former prison inmate
for reasons that would apply to any other person
as set forth in this article.
(5) The prospective visitor is a supervised parolee,
probationer, or on civil addict outpatient status and has not received written permission of his
or her case supervisor and/or the prior approval of the institution head.
(6) The identity of the prospective visitor or
any information on the visiting questionnaire is omitted or falsified.
(A) If the prospective visitor has omitted
information, the request to visit shall be reconsidered when the
information is provided.
(B) If the applicant has falsified information
no other request to visit shall be considered until six months after the date
of disapproval.
(C) When positive identity cannot be established or
clearing the criminal history of the prospective visitor is not possible due to
inadequate
or conflicting information, the visiting request will be reconsidered when
positive identity is established.
(c) The documentation of the approval or
disapproval of an application to visit shall be in writing.
(1) If the application is approved, inmates shall
be notified in writing and are responsible for informing their prospective
visitor(s) of the institution/facility
decision to approve the application.
(2) If disapproved, the prospective visitor and
inmate shall both be notified in writing. The prospective visitor’s
notification shall include
the specific reason(s) for disapproval and instructions regarding the process
for reconsideration.
(d) The prospective visitor may appeal the
disapproval by following the established visitor appeal process described in
section 3179.
(e) Approval to visit an inmate is conditioned
upon compliance with all laws, regulations, and procedures governing visitor
conduct on institution/facility
property.
(f) There are no restrictions on the number of
inmates that a visitor may be approved to visit at one or more institution/
facility.
(g) Any visitor approved for visiting at one
institution/ facility shall be approved to visit the same inmate upon transfer
to another institution/facility
provided the visitor’s approval status remains unchanged.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Section 5054, Penal Code.
(a)
Each
institution/facility shall provide visiting for no less than 12 hours per week.
Any reduction of an institution/facility visiting schedule below 12 hours shall
require the prior approval of the director or designee. Regular visiting days
shall be consecutive and include Saturday and Sunday.
(b) Each institution head shall develop an
operational supplement that includes the respective visiting schedules as
follows:
(1) Regular Visiting Days: Four days (Thursday
through Sunday); or Three days (Friday through Sunday); or Two days (Saturday and
Sunday); and
(2) Holiday Visiting Days: New Year’s Day;
Independence Day; Labor Day; Thanksgiving Day; Christmas Day.
(3) Visiting Appointments: The
institution/facility shall specify procedures and criteria for scheduling
visiting appointments for non- contact
visits in accordance with the provisions of this article.
(c) When a holiday listed in
(b)(2) occurs on a day not regularly scheduled for visiting, each
institution/facility shall provide the same number
of hours of visiting on that holiday as for any single regularly scheduled visiting
day.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Sections 2600, and 5054, Penal Code. In re
French, 164
(a) Approved visitors shall complete a
visitor pass upon their arrival at the institution/facility visitor processing
center and their approval
to visit shall be verified.
(b) All adult visitors shall present picture
identification before being permitted to visit. For each minor, a certified
record of birth (official birth
certificate, or county embossed abstract of birth) shall be presented during
each visit.
(c) Acceptable proof of picture
identification for visitors may be, but is not restricted to, the following
valid documents:
(1) Driver's license with picture,
(2) Department of Motor Vehicles identification card
with picture,
(3) Picture passport,
(4) Armed forces identification card with
picture,
(5) Picture identification cards issued by the United
States Department of Justice--Immigration and Naturalization Service, or
(6) Picture identification issued by the Mexican
Consulate.
(d) Minors may be allowed to
visit an inmate subject to the restrictions of section 3173.1. If the
accompanying adult is not the parent or
legal guardian of the minor, a notarized written consent shall be required from
a person with legal custody of the minor, authorizing
the minor to visit while accompanied by a designated adult.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Section 5054, Penal Code.
Visiting with minors shall be prohibited for
any inmate sentenced to prison for violating Penal Code section(s) 261, 264.1,
266c, 273d, 285, 286, 288, 288a, 288.5, or 289 unless specifically authorized
by a juvenile court, pursuant to Welfare and Institutions Code section 362.6.
Inmates may be prohibited from having contact or non-contact visits where
substantial evidence (e.g., court transcripts, police or probation officer
reports or parole revocation hearing findings describing the misconduct) of the
misconduct described in section 3177(b)(1) exists, with or without a criminal
conviction.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Sections 1202.05, 5054 and 5054.2, Penal Code; and Section
362.6, Welfare and Institutions Code.
(a) Any
person coming onto the property of an institution/ facility shall be subject to
inspection as necessary to ensure institution/facility
security including prevention of the introduction of contraband. Inspections
may include a search of the visitor’s person,
personal property and vehicle(s) when there is probable cause to believe the
visitor is attempting to introduce or remove contraband
or unauthorized items or substances into, or out of, the institution/facility.
(b) Visitors shall not be forcibly searched
unless institution/facility officials possess a court issued warrant to conduct
the search, or are
being detained for unlawful actions or activities in accordance with section
3292.
(c) Visitors shall be required to submit
to contraband and/or metal detection device(s), and a thorough search of all
personal items, including
inspection of a wheelchair, implant, prosthesis or assistive device, prior to
being allowed to visit with an inmate.
(d) Visitors with medically implanted or
prosthetic devices who cannot clear the metal detection device and/or visitors
who require the
use of a wheelchair or other assistive devices for mobility impairment shall
present a letter of verification signed by their physician, physiatrist, prosthetist, or orthotist. The
letter must confirm the mobility impairment, and/or the nature of the medically
implanted
prosthetic device and its specific location in/on the body, and the need for
any assistive device. The authorization letter shall
be renewed every two years.
(e) Visitors who require the use
of a wheelchair shall temporarily transfer to a designated institution/facility
wheelchair, when available,
while visiting staff conduct an inspection of the visitor’s wheelchair.
Visitors who present a letter signed by their physician
that confirms the need for using a battery powered or custom designed
wheelchair shall be exempt from the requirement
of transferring from their personal wheelchair. In such cases, the visitor
shall permit an inspection of the personal wheelchair
and allow a hand held metal detection device to be used.
(f) Except as provided in subsection (b),
if the search of any visitor's person, property or vehicle exceeds that which
is normally required for all
visitors, the visitor shall be informed in writing of the reason for the search
and the name of the official ordering the
search. Consent shall be obtained from the visitor prior to the search.
(g) A visitor who refuses to be searched shall
be denied visiting for that day.
(1) The inmate and the visitor who refused to be
searched shall be notified in writing as described in section 3176(a)(3).
(2) Future visits may be conditioned upon the
visitor’s willingness to submit to a search prior to each visit for as
long as institution/facility
officials have probable cause to believe that the visitor will attempt to
introduce contraband or unauthorized substances
into the institution/facility.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Section 5054, Penal Code.
(a) Visitors are expected to dress
appropriately and maintain a standard of conduct during visiting that is not
offensive to others. Consistent
with the goal of making visiting a safe, positive, constructive time for
families and staff, the following standards shall apply:
(1) Visitors shall remain fully clothed at all
times in the visiting room.
(2) Appropriate attire includes undergarments; a
dress or blouse/shirt with skirt/pants/ or shorts; and shoes or sandals.
(3) For security reasons, no brassiere will have metal
underwires.
(b) Prohibited attire consists of:
(1) Clothing that resembles state-issued inmate
clothing (blue denim or blue chambray shirts and blue denim pants);
(2) Clothing that resembles law enforcement or
military-type clothing, including rain gear;
(3) Clothing or garments that:
(A) Expose the breast/chest area, genitals or
buttocks;
(B) By design, the manner worn, or due to the
absence of, excessively allows the anatomical detail of body parts or midriff
to be clearly
viewed;
(C) Are sheer, transparent or excessively tight;
(D) Expose more than two inches above the knee,
including slits when standing.
(E) Undergarments shall be worn beneath
translucent clothing, under all circumstances.
(4) Clothing or accessories displaying obscene
or offensive language, drawings or objects.
(5) Gloves, head coverings
(except clear, see-through rain gear), and readily removable wigs or
hairpieces. The institution head or designee
may grant an exception for a visitor to wear gloves, head coverings, and/or
readily removable hairpieces or wigs, based upon
verification of need. Written approval shall be required prior to visiting and
subject to staff inspection during any visit. The institution
head or designee may also grant a general exception allowing visitors to wear
gloves and head coverings based upon weather
conditions at the institution/facility.
(6) Any
other clothing, garment or accessory when worn in a manner that would be
prohibited in (b)(1) through (5) above.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Section 5054, Penal Code.
(a) Inmates and visitors shall comply with
all laws, regulations, and institution/facility procedures. Any
violation may result in denial, termination,
suspension, restriction, or revocation, of visiting as described in section
3176.
(b) Accompanying adults shall ensure that minors
remain under their constant control and supervision.
(c) Nursing mothers shall be discreet and
covered when breast-feeding their children in the visiting area. Failure to do
so shall result in termination of
visiting for that day.
(d) Inmates and their visitors may hold hands.
(e) At the beginning and end of each
visit, inmates and their visitors may briefly embrace and/or kiss.
(f) An inmate may hold his or her minor
children. Inmates may also hold minor children accompanied by an adult.
(g) Except as provided in this section, no
other bodily contact shall be permitted.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Section 5054, Penal Code.
The terms “approve,”
“disapprove” “deny,” “restrict,”
“suspend,” “terminate,” “revoke,” and
“reinstate” as used in this article apply to actions which may be taken
by the institution head or designee for the administration of visiting. The
director or institution head may, for cause, exclude a person from entering
institutions/facilities of the Department. All such actions are subject to the
provisions set forth in this article.
(a) The official in charge of visiting may
deny an approved visitor access to an institution/facility, terminate, or
restrict a visit in progress
for the following reasons:
(1) The visitor appears to be under the
influence of alcohol, drugs or other substance to the extent that his or her
presence in the institution/facility
would pose an undue threat to his or her safety or the safety of others, or to
the security of the institution/facility.
(2) The visitor does not provide the
identification and/or documentation required as set forth in these regulations.
(3) The visitor refuses to submit to a search
and inspection of his/her person or vehicles and property brought onto the institution/facility grounds.
(A) Visitors who refuse to
submit to an unclothed body search, where probable cause exists, shall have
their visiting privileges denied for
that day. Future visits may be conditioned upon the visitor's willingness to
submit to an unclothed body search prior to being allowed to visit. Such searches may be repeated on
subsequent visits for as long as institution/facility officials have probable
cause to
believe that the visitor will attempt to introduce contraband or unauthorized
substances or items into the institution/facility.
(B) The
willingness or unwillingness of the visitor to submit to a search shall not
affect conditions or restrictions placed on an inmate’s
visiting privileges by a disciplinary or classification committee unless the
inmate is found in a subsequent disciplinary hearing
to have been a conspirator to smuggle contraband into or out of the
institution/facility.
(4) Conduct in violation of
institution/facility procedures, including excessive physical contact, refusal
to follow staff instructions, disruption
of the visiting/processing area, destruction/ alteration of visiting documents,
or any other behavior that would constitute a
misdemeanor or felony or repetition of less serious violations and disregard
for a warning about such violations.
(5) The visitor is not appropriately dressed.
(6) The visitor is under 18 years of age and the
conditions prescribed in section 3173(b) have not been met.
(7) The visitor has a medically implanted or
prosthetic device, cannot clear the contraband or metal detection devices, and
does not provide the written
verification required in section 3173.2(d).
(8) The visitor requires the use of a wheelchair
or other assistive device(s) for mobility impairment, but does not provide the
written verification as required in
section 3173.2(e), or refuses to temporarily transfer to a designated
institution/facility wheelchair while the
visitor’s personal wheelchair is being inspected.
(9) The maximum capacity of the
visiting area has been reached and to allow others to visit it is necessary to
terminate the visits of those
persons who have been visiting for the longest period of time. Exceptions shall
include, but are not limited to the following:
(A) Excessive Distance: The visitor has traveled
a distance of 250 miles or more, and has not visited within the last 30 days.
This exception
applies to two consecutive days of visiting.
(B) Weddings: When an inmate and the visitor’s
marriage ceremony occurred on that day.
(C) Disabled: A disabled visitor who must rely
on special transportation to the institution/facility.
(D) Family Emergencies: When death, serious
illness or injury occurs to an inmate’s immediate family. Clergy or
approved visitors may
visit the inmate to offer condolences or inform the inmate of the occurrence.
(E) Infrequent Visits: When the visitor has not
visited the inmate in the last six months.
(10) When the overcrowding situation persists, visits of
those remaining will be terminated as necessary.
(b) Written notification shall be provided to the
visitor when action is taken by the official in charge of visiting to deny,
terminate or restrict a visit. The
written notification shall contain information instructing the visitor how to
appeal the action as outlined in section
3179.
(c) The institution head or designee may
revoke or suspend an approved visitor’s future visits for a specified
period of time for the following
reasons:
(1) Information, which would have resulted in
disapproval of visits in section 3172.1, becomes known after approval to visit
has been granted.
(2) The visitor has been involved in a serious
violation or multiple less serious violations of CDC regulations.
(d) The ranking custody officer on duty or the
official in charge of visiting may restrict visits, but may not deny visiting,
as a temporary
security measure when an inmate is scheduled for a hearing on a serious rules
violation or for classification on an order for
placement in administrative segregation. Subsequent disciplinary or
classification committee action will supersede any such temporary action.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Section 5054, Penal Code.
Any person seeking entry into an
institution/facility for the purpose of visiting an inmate shall be subject to
all applicable laws, rules and regulations. Any person violating a law, rule or
regulation while visiting shall be subject to warning, termination, suspension,
and/or revocation as described below:
(a) Warning. Visitors may be verbally
warned about violations of applicable law, rules, regulations
or of local procedures governing visits.
When a verbal warning achieves corrective action, a written report of the
misconduct or warning is not necessary.
(b) Termination. When verbal warnings and/or
restrictions fail to achieve compliance, or fail to deter conduct by a visitor
that if committed by an inmate would
constitute a serious rules violation, the visit shall be terminated and
documented in writing.
(c) Suspension up to
six months. For serious or repeated violations of the rules, regulations, or
procedures, and/or upon belief of the
visitor’s
involvement in a criminal act and pending the outcome of an investigation, the
official in charge of visiting may impose
a suspension of the visitor’s access to the visiting program for up to 6
months. The length of suspension shall be commensurate
with the seriousness of the violation.
(d) Suspension up to 12 months. The institution
head or designee may impose a suspension of visiting for up to 12 months when a
visitor is
involved in criminal activity on institution/facility property which
constitutes a misdemeanor.
(e) Suspension up to 24 months. The
director or designee may impose a suspension of visiting privileges up to 24
months when a visitor
is involved in criminal activity on institution/facility property that
constitutes a felony.
(f) Revocation. Subsequent discovery of
information that would have resulted in disapproval or disqualifying conduct
are grounds for
revocation of the previously granted permission to visit an inmate.
(g) The visitor and the inmate shall be
notified in writing of all formal warnings, terminations, suspensions and
revocations. The notice
shall clearly state the reason for the action and length of time any sanction
will apply. The notification shall also include the signature of the
official taking the action and advise the visitor of the right to appeal in
accordance with section 3179. The notification
shall be provided to the visitor at the time of the action or mailed to the
visitor’s last known address within five working
days of the action.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Section 5054, Penal Code.
Any violation of state law, misdemeanor, or
felony committed on institution/facility grounds or property by a visitor may
be referred to prosecuting authorities.
(a) Upon determination by the official in
charge of visiting that a violation of state law has occurred, the
visitor’s access to the visiting program
shall be suspended pending investigation, prosecution, and service of any
sentence ordered by the court.
(1) If the individual is not prosecuted, or upon
completion of any court ordered sentence, approval to visit shall be reconsidered
upon the
visitor’s written request.
(2) If a court finds the individual not guilty,
a prior approval to visit shall be reinstated upon written request of the
visitor.
(b) Regardless of the outcome of any referral to
prosecuting authorities, future visits are subject to restrictions as provided
in section 3176.1.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Section 5054, Penal Code.
(a) The term "exclusion" as used in
this article describes an administrative action by the director or institution
head to bar, for cause, a person from entering institutions/facilities of the
department, when that person would otherwise be permitted to enter. The
director may delegate the authority for exclusion no lower
than the rank of deputy director. The institution head may delegate the
exclusion authority not lower than the chief deputy warden. Any person,
including employees of the department, attorneys, attorney representatives,
representatives of the news media, and delivery persons, may be excluded. The
exclusion of a person is effected by issuance of an exclusion order.
(b) Exclusion orders shall be issued only when
the director or institution head determines one or more of the following:
(1) The person’s presence in the
institution/facility presents a serious threat to security.
(2) The person is charged with a felony.
(3) The person is under investigation for a
felony committed on institution/facility property.
(4) The person’s purpose for entering an
institution/facility is no longer valid or has been lawfully terminated.
(5) The person has committed any offense
described in subsection 3178(r)(3) for which exclusion
is an appropriate penalty.
(c) A temporary exclusion may be ordered
pending investigation and/or verification of the cause for exclusion.
(d) The director or designee may exclude a person from
any or all institutions/facilities. An institution head or designee may issue
an order to exclude a person
only from the institution/facility within his/her jurisdiction.
(e) When the institution head’s exclusion order affects an inmate's attorney, or when the matter may have department wide significance, an immediate telephone report will be made to the director. In all instances of exclusion a written report will be made to the director or designee within two working days of the effective date of the order.
(f) The person excluded shall be provided
with written notification of the action taken. The notification shall advise
the person that, upon
request, a meeting with the official who ordered the exclusion may be arranged
at the convenience of both parties, and that he/she
may bring other persons to the meeting, including an attorney, and any information
or evidence to support his/her position. Following
the meeting, the person shall be provided the official’s written decision
within 20 working days.
(1) If the exclusion is modified to permit the
person’s entry only under special conditions, the reasons shall be given.
(2) If an institution head ordered the
exclusion, the person shall also be informed that the decision may be appealed
to the director.
(3) A copy of the letter to the person shall be
forwarded to the director or designee and a copy shall be retained in the institution/facility files.
(4) If the exclusion letter is rescinded in
full, notice of the rescission will be given in writing to the person, with a
copy to the director or
designee.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Section 5054, Penal Code.
(a) Designated
staff, not below the rank of correctional lieutenant or parole agent II, may
temporarily impose non-contact visiting restrictions
as a necessary security measure for an inmate who is pending a serious
disciplinary hearing for the distribution and/or possession/control of a controlled substance, possession of
money or other dangerous contraband that has been introduced into the
institution/ facility, or for other violations related to visiting.
(b) Pursuant to section 3314, a hearing officer
conducting an administrative rules violation hearing may restrict an
inmate’s visiting privileges for up
to 30 days when the inmate is found guilty of visiting related misconduct.
(c) Upon a finding of guilt of a drug
related offense, as described in subsections 3323(c)(7) and/or 3323(d)(6), the
official conducting a
disciplinary hearing, shall suspend and restrict an inmate’s visiting
privileges pursuant to subsections 3315(f)(5)(H) and 3315(f)(5)(I).
(d) Pursuant to section 3315, the official
conducting a disciplinary hearing may suspend or restrict an inmate’s
visiting privileges for up
to 90 days, when the inmate is found guilty of any of the following serious
rule violations:
(1) Possession of $5.00 or more without
authorization.
(2) Visiting related violations presenting a
threat as described in section 3315(a)(2).
(3) Serious or repeated violations of visiting
regulations or procedures.
(e) Suspension and or restriction of visiting
may be imposed by a classification committee for a specific period of time when
there is substantial
reason(s) to believe that the inmate poses a threat to the security of the
institution/facility and or safety of persons.
(1) Separate from the disciplinary authority of the
senior hearing officer as provided in section 3315, a classification committee
may suspend and restrict the
visiting privileges of an inmate found guilty of multiple visiting related
violations as described in section 3176.4(d).
The committee may impose the following suspensions and restrictions:
(A) Suspension of visiting privileges for up to 90
days, to be followed by non-contact visiting for up to 180 days for any second offense
which occurs within two years from the date of a previous offense.
(B) Suspension of visiting privileges for up to 180
days, to be followed by non-contact visiting for up to 180 days for any third offense which occurs within two years
from the date of a first offense.
(2) A classification committee may impose a loss of
visits for 180 days, to be followed by non-contact visits for 180 days, for
escape or attempted escape when the
inmate is found guilty by a disciplinary hearing officer or court.
(f) When the inmate’s visiting
privilege status has been modified or changed, the inmate shall be responsible
for promptly notifying his
or her visitor(s) of the action taken.
(g) Any suspensions under this section
shall not apply to attorney visits including visits by attorney
representatives.
NOTE: Authority cited: CCR Section 5058,
Penal Code. Reference: CCR Sections 2086, 2772, 2790, 4502, 4535, 4571, 4573,
4573.5, 4573.6 and 5054, Penal Code; and In re French, 106 Cal.App.3d 74 (1980).
Institution heads shall maintain family
visiting policies and procedures.
Family visits are extended overnight visits,
provided for eligible inmates and their immediate family members, commensurate
with institution security, space availability, and pursuant to these
regulations. Each institution shall provide all necessary accommodations,
except for food, at no cost to the inmates and their visitors. Institutions
shall require eligible inmates to purchase all food for the family visit
through the institution family visiting coordinator. Each institution family
visiting menu shall provide a balanced variety of nutritional selections. At
all CDC conservation camps, the visitors shall be required to bring all food for
the visit.
Persons with only a common-law relationship
to the inmate will not be recognized as immediate family members for the
purpose of family visiting. Only those immediate family members as defined in
section 3000 are authorized for family visits.
(a) When a bonafide
and verified foster relationship exists between an inmate and another person,
by virtue of being raised in the same
foster family, the person may be approved for family visiting with the prior
approval of the institution head or designee.
(b) Family visiting is a privilege. Eligibility
for family visiting shall be limited by the assignment of the inmate to a
qualifying work/training
incentive group as outlined in section 3044.
(1) Family visits shall not be
permitted for inmates convicted of a violent offense involving a minor or
family member or any sex offense,
which includes but is not limited to the following Penal Code sections: 187
(when the victim is a family member or minor);
192 (when the victim is a family member or minor); 243.4 261; 261.5, 262;
264.1; 266c; 266j; 273a; 273d; 273.5; 273.6; 285;
286; 288; 288a; 288.2; 288.5; 289; 289.5; 311.1; 311.2; 311.3; 311.4; 313.1;
314; or 647.6.
(A) Inmates may be prohibited from family
visiting where substantial documented evidence or information of the misconduct
described in section
3177(b)(1) exists, without a criminal conviction. The
evidence or information appropriate for the purpose of this
regulation shall include rule violation reports as well as the standard
described in section 3173.1.
(B) Family visiting shall be restricted as
necessary to maintain order, the safety of persons, the security of the
institution/facility, and required
prison activities and operations, pursuant to section 3170.
(2) Family visits shall not be permitted for
inmates who are in any of the following categories: sentenced to life without
the possibility of parole; sentenced to
life, without a parole date established by the Board of Prison Terms;
designated Close A or Close B custody;
designated a condemned inmate; assigned to a reception center; assigned to an
administrative segregation unit; assigned to
a security housing unit; designated "C" status; guilty of one or more
Division A or Division B offense(s) within the last 12 months; or guilty of narcotics distribution while
incarcerated in a state prison.
(3) Family visits shall be permitted only in CDC
institutions and conservation camps.
(c) Unescorted minors of the
inmate's immediate family shall not participate in family visits. Exceptions
include an inmate's legal spouse,
the inmate's children or legal stepchildren and the inmate's own brothers or
sisters when the institution head or designee approves
such unchaperoned visits.
(d) Inmates shall not be eligible for a family
visit while any action that restricts, suspends, or denies their contact with a
visitor or visitors
during regular visiting is in effect. Family visits may be revoked or suspended
without such action affecting an inmate's eligibility
for contact or non-contact visits.
(e) Each inmate shall be subject to
disciplinary action, which may include suspension or exclusion from
participation in the family visiting
program, for any willful damage of the unit and/or furnishings or for failure
to maintain the cleanliness of the family visiting
program unit.
(f) Visitors failing to report to the
visitor processing area by
(g) Inmates with a disability requiring an
accommodation for family visits shall give 72 hours notice of any request for accommodation.
NOTE: Authority cited: Section 5058, Penal
Code. Reference: Section 5054, Penal Code.
(a) The provisions of this section apply to any
attorney or legal service organization as identified in section 3141(c)(8)
authorized to practice law in California,
another state, or the District of Columbia.
(b) A private consultation
between an inmate and his or her attorney or attorney representative is known
as an attorney visit. Attorney
visits shall be conducted in a confidential area specified by the
institution/facility. Attorney visiting shall normally be accommodated during the
institution/facility regularly scheduled visiting days and hours. Where regular
visiting is scheduled on both weekdays and weekends, the scheduling preference will
be on weekdays because of the personnel and resources needed for the greater volume of weekend
visits by friends and relatives.
(1) When an institution/facility visiting schedule
only provide(s) for visiting on weekends an attorney visit shall be scheduled
during normal weekday
business hours upon written request of the attorney or attorney representative.
(2) The institution head or the official in
charge of visiting has the discretion to authorize a contact attorney visit for
an inmate on non-contact
visiting status.
(3) If an attorney, or attorney representative,
does not desire private accommodations, the attorney or attorney representative
may visit the inmate on any
scheduled visiting day and shall be provided the same accommodations including
the schedule, as a regular visitor.
(c) An attorney or court may designate
other persons to act on their behalf as attorney representatives.
(1) Attorney representatives must be one of the
following:
(A) A private investigator licensed by any state
and sponsored by the attorney or appointed by the court.
(B) An investigator who is employed by a
government agency, public agency or public institution.
(C) A law student sponsored by the attorney.
(D) A legal para-professional
sponsored by the attorney or appointed by the court.
(E) An employee of an attorney, legitimate legal
service organization, or licensed private investigator who
is sponsored by the attorney or
licensed private investigator.
(2) Personnel retained by an attorney or
attorney representative, including, but not limited to certified sign language
interpreters, certified
language interpreters and court reporters may accompany the attorney or
attorney representative during the private consultation
and are required to provide the information requested in (c)(3) below. Licensed
mental or medical health care professionals
may also serve as attorney representatives and do not have to be accompanied by
the attorney.
(3) The designation shall be in writing and
signed by the attorney and/or judge, and shall contain the following:
(A) The designee’s name and position of
employment or title.
(B) The designee's date of birth, driver's license and
social security number.
(C) Certification, in the form of a license that
the representative is a licensed private investigator retained by the attorney
or appointed by the court; or
valid identification that the investigator is employed by a government agency,
public agency, or public institution; or
a letter in the form of a declaration, that the attorney representative is
being sponsored by the attorney and that the attorney accepts
responsibility for all actions taken by the attorney representative.
(D) The name and CDC number of the inmate(s) to
be visited.
(E) The designation shall be presented by the representative
at the time of the visit and shall be subject to verification by institution/facility staff.
(4) Attorney representatives shall be afforded
the same accommodations and services and are subject to the same rules and regulations, as an
attorney providing all other requirements of this article are met.
(d) An attorney who wishes to consult in person
with an inmate shall contact the institution/facility at which the inmate is
housed. The
request shall be made by calling or writing (including via facsimile) the staff
designated (usually the litigation coordinator) in the
institution/facility operational supplement. In order to obtain
approval/clearance, the attorney shall provide the following personal
and professional information in writing (including via facsimile): name;
mailing address; date of birth, valid driver’s license or
state-issued identification card number; proof of current registry and good
standing with a governing bar association; and
indication of the jurisdiction(s) licensed to practice law. Requesting
attorneys must also report any prior felony convictions, explain any prior suspension or exclusion
from a correctional facility and declare one or more of the following:
(1) They are the inmate’s attorney either
by appointment by the court or at the inmate’s request;
(2) They have been requested by a judge to
interview a named inmate for purposes of possible appointment as counsel by the
same court;
(3) They are requesting to visit an inmate who
may be a witness directly relevant to a legal process, purpose, or proceeding;
(4) They are seeking to interview a named
inmate, at the request of the inmate, for the purpose of representation of the
inmate in a legal process, for a legal
purpose or in a legal proceeding.
(5) They have been requested by a third party to
consult with the inmate when the inmate cannot do so because of a medical condition, disability, or other
circumstance.
(e) Any false statement or deliberate
misrepresentation of facts specific to the information requested in subsection
(d) above shall be grounds for
denying the request and/or cause for subsequent suspension or exclusion from
all institutions/ facilities administered by
the department.
(f) Upon receipt of the information
specified in (d) above, a California Law Enforcement Telecommunications System
check of the attorney
through the Department of Justice and verification of the attorney’s
credential through the governing state bar will be conducted. Once the clearance and state bar verification
have been obtained and approved, the attorney shall be contacted to schedule
the initial in-person visit with the specified inmate(s). Attorneys and
attorney representatives must report any change in personal or professional information,
arrest history and declarations made in subsections (c) and (d) above to retain
their approval/clearance.
(g) While five days notice to
schedule an attorney visit is requested an approved attorney or approved
attorney representative shall provide
the institution/facility with no less than two business days notice to schedule
a private consultation with an inmate. In an emergency,
appointment requests may be cleared through the institution head or designee.
(h) Upon arrival at the
institution/ facility, the approved attorney shall be processed into the
institution/facility in the same manner and under
the same restrictions as regular visitors. Attorneys shall also be required to
present their state bar card or other similar documentation
that they are currently registered in good standing with a state bar
association.
(i)