CH 05 Inmate Visitation (Policy.Corrections.CH 05 Inmate Visitation.WebHome)

1. Legal Visit: Any visit with the inmate's current attorney or a declared representative of the inmate's attorney (e.g., paralegal or private investigator). Declaration must be made in writing by the attorney being represented and must include the name of the inmate for the visit.

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1. Special Visit: Special visits include any visit which requires special approval because the request is outside regular visitation procedures. Special visits may be for personal, clergy, legal, or other agency purposes.

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1. Video Visitation: A visit in which the inmate and visitor communicate via audio/video equipment from separate rooms. The inmate and the visitor do not have access to the room that the other is in.

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1. Barrier Visitation: A visit with physical barriers between the inmate and visitor which prevent the inmate and visitor from having any form of physical contact.

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1. Non-Barrier Visitation: A visit without barriers to prevent physical contact, also know as a contact visit.

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**CH 05_102 __REFERENCES__**

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1. Immigration and Customs Enforcement Standards:

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11. 2000-16.

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1. Utah Sheriff's Association Jail Standards:

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11. C03.01.01: Policies and Procedures Required Governing the Ancillary Admission Functions

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11. E02.01.01: Written Personal Visiting Policies and Procedures Required

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11. E02.02.01: Function of Visiting

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11. E02.02.02: Visiting Schedule

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11. E02.02.03: Number of Visitors

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11. E02.02.04: Visiting Area

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11. E02.02.05: Regulating Visits of Minor Children

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11. E02.02.06: Restricting Visits from Other Offenders

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11. E02.03.01: Privacy and Monitoring of Personal Visits

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11. E02.03.02: Barrier Visits

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11. E02.03.03: Disqualifying Visitors

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11. E02.03.04: Identification and Registration

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11. E02.03.05: Visitor Searches

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11. E02.03.06: Visiting Rules

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11. E02.03.07: Violations of Visiting Rules

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11. E02.04.01: Special Visits

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11. E02.04.02: Visitor Attire and Sexually Provocative Behavior

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11. E02.04.03: Media Requests to Visit Inmates

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11. F03.03.01: Basis for Conducting Searches

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11. F03.05.02: Visitors

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1. Utah Department of Corrections Standards:

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11. V1.07.03.07: Media Requests for State Offenders

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**CH 05_103 __GENERAL__**

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1. Policy:

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11. Inmates should be allowed clergy, legal, and personal visits.

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11. Restrictions may be imposed on inmate visits, as needed.

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11. Visiting areas should provide a means for the inmate and visitors to clearly see each other and hear each other speak.

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1. Rationale:

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11. Inmates are constitutionally entitled to communicate with persons in the free world; although, the right to communicate with others is not an "unfettered" right, and can be regulated to further PCF's legitimate interests.

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11. An inmate visit may be restricted or denied in order to preserve legitimate safety, security, order, discipline, or treatment interests of PCF.

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11. For visits to serve their intended function in a effective manner, the audio and visual properties of the visiting room should not unnecessary inhibit the visiting opportunity.

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**CH 05_104 __PERSONAL VISITATION SCHEDULE__**

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1. Policy:

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11. Inmates should be allowed personal visits during regular hours.

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11. Personal visitation will be provided via an electronic video system provided by the telephone vendor.

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11. Inmates should be allowed at least two free 15-minute personal visits per week.

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11. Visitation is generally available on the same schedule as telephones, seven days per week.

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1. Rationale:

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11. Visitation provides a means of assisting inmates to maintain family and community ties while incarcerated. Unfortunately, inmates may abuse visiting privileges to attempt to introduce contraband, conspire to violate the law or jail security, or otherwise frustrate the legitimate interests of the jail. Thus, visits must be regulated and handled in a manner that does not compromise jail interests of safety, security, or order.

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11. The Supreme Court has found no "unfettered" right to visitation guaranteed by the Constitution. That does not mean that the jail should put an end to inmates' personal visits. However, the jail does have wide discretion in terms of how it regulates inmates' personal visits and in determining who may visit. Restrictions or limitations on inmates' visits may be justified only if they are reasonable and further a legitimate governmental interest. Two 15-minute visits per week should provide inmates adequate opportunity to maintain family and community ties without overly burdening jail resources. However, two visits per week is not a clearly established constitutional requirement. The courts have not reached a consensus on the number and duration of visits required.

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**CH 05_105 __CLERGY VISITS__**

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1. Policy:

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11. Clergy visitation should be permitted seven days a week, including holidays.

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11. Clergy visitors must present documentation of current clergy status prior to receiving approval for a visit.

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1. Rationale:

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11. Because clergy visitors are permitted additional visiting times and privileges, clergy visitors must be pre-screened in order to maintain safety and security interests of the jail.

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**CH 05_106 __LEGAL VISITS__**

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1. Policy:

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11. Legal visits shall not be recorded or subject to auditory supervision.

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11. Legal visits should not be held in a room that is designed for auditory supervision.

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11. Staff shall not be present during legal visits unless the legal representative requests the presence of a deputy. However, staff may observe such meetings visually through a window or camera to the extent necessary to maintain security, as long as staff cannot overhear the conversation.

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11. Legal visitation shall be permitted seven days a week, including holidays, for a minimum of eight hours per day on regular business days (Monday through Friday) and a minimum of four hours per day on weekends and holidays.

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11. Prior to each visit, all legal representatives shall be required to provide identification. State bar cards are the preferred forms of identification for legal representatives. Attorneys who are members of state bars that do not provide bar cards are required to present other documentation that verifies bar membership. If such documentation is not readily available to attorneys licensed in a particular state, the person shall be required to indicate where he or she is licensed as an attorney and how that fact may be verified.

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11. Legal representatives and legal assistants shall not be asked to state the legal subject matter of the meeting.

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1. Rationale:

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11. Legal visits are subject to certain rights and regulations, in accordance with laws and agency contracts.

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11. Confidential communication between inmates and their attorneys is required:

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111. To maximize the ability of the inmate to receive adequate representation; and

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111. Because attorney-client privilege is protected for inmates.

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**CH 05_107 __SPECIAL VISITS__**

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1. Policy:

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11. Special visits should be considered on a case-by-case basis in order to make accommodations for special situations.

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11. Prior permission from the Utah Department of Corrections will be required before facilitating official media visitation for state inmates.

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1. Rationale:

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11. There is no clearly established constitutional right to special visits; however, by providing a means of considering for special needs, the jail will improve its ability in defending any litigation arising from challenges to the policy.

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**CH 05_108 __NON-VIDEO BARRIER VISITATION__**

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1. Policy:

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11. Inmates may be permitted non-video barrier visitation as an incentive for good behavior.

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11. Non-video barrier visits may only be requested by an inmate (not by a visitor).

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11. Non-video barrier visits will be approved on a case-by-case basis.

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11. An inmate should be incarcerated for at least 30 days before an initial non-video barrier visit may be granted.

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11. For the purpose of approving non-video barrier visits, good behavior is defined as the lack of any disciplinary actions against the inmate documented in the jail computer system (disciplinary verbal warnings should not be counted against an inmate for this purpose).

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1. Rationale:

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11. Good behavior from inmates benefits inmates, staff, and the facility.

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11. Promoting good behavior from inmates is obviously a good practice; however, the incentive of a non-video barrier visit may not be reasonable for all inmates or all situations.

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**CH 05_109 __NON-BARRIER VISITATION (A.K.A. CONTACT VISIT)__**

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1. Policy:

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11. As a general rule, non-barrier visits shall not be permitted.

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11. Conjugal visits are not permitted.

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11. Minimal and reasonable physical contact between the inmate and visitor may be permitted (e.g., a greeting handshake, a small kiss, or short hug).

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11. All non-barrier visits must be pre-approved by the Corrections Chief Deputy.

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11. Inmates shall be rub searched prior to all non-barrier visits.

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11. Inmates shall be strip-searched after all non-barrier visits.

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1. Rationale:

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11. Non-barrier visits present additional risks to safety and security; therefore, increased restrictions or regulations for non-barrier visits are required in order to preserve safety and security interests.

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11. Searches of inmates are necessary in order to maintain control over contraband.

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11. Jails are populated by persons who have demonstrated an inability to conform with the requirements of law. It is naive to believe that inmates will not continue to engage, or attempt to engage, in illegal or otherwise inappropriate behavior if given the opportunity. Non-barrier visits greatly increase the risk that inmates may use visits to violate the law or jail regulations by:

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111. Passing drugs, weapons, or other contraband;

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111. Escaping or attempting to escape;

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111. Committing assaults; or

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111. Engaging in prohibited sexual activity.

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11. The U.S. Supreme Court has ruled that a blanket prohibition against non-barrier visitation is constitutional. The Supreme Court overruled lower courts which had overturned regulations which disallowed non-barrier visitation.

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**CH 05_110 __VISITATION REGULATIONS__**

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1. Policy:

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11. Rules and regulations governing visits should be posted or otherwise provided to visitors.

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11. Violations of visiting rules by inmates shall be processed through the PCF inmate discipline procedures.

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11. Violations of visiting rules by visitors may result in warnings, suspension of visiting privileges, permanent revocation of visiting privileges, and/or criminal prosecution.

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11. Visitors for personal visits should be pre-screened and approved prior to any personal visits being allowed.

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11. The maximum number of visitors that may visit with an inmate at the same time should not exceed three.

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11. Visitors may not bring animals onto facility grounds, except for service animals accompanying persons with disabilities.

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11. Visitors are not permitted to bring cell phones, purses, bags, food, drinks, recording devices, or any other personal belongings into the visiting booths.

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11. Visitors under the age of 18 should not be permitted to visit an inmate without being accompanied and supervised by an adult who is charged with protecting the child's best interests.

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11. Inmates should not be allowed to visit with anyone under the age of 18 except for their own children, grandchildren, or siblings.

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11. Inmates shall not be permitted to visit with another inmate;

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11. Inmates should be provided notice prior to any audio monitoring of visits.

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11. Visitors shall not be permitted to pass anything to an inmate. Inmates shall not be allowed to pass anything to a visitor. If an exchange of documents or other authorized items needs to take place, a deputy should conduct the transfer.

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11. A visitor may be denied visitation (or have visitation revoked) for reasons including, but not limited to:

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111. Attempts to smuggle drugs, weapons, or other contraband into the jail;

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111. Disruptive behavior, including sexually provocative actions, during visits;

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111. Refusal to follow visitor rules;

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111. Falsification or omission of information on visitation request form;

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111. Assisting, conspiring, or otherwise participating in an escape or attempted escape; or

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111. Acts inimical to the safety, security, or other legitimate penological interests of the jail.

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11. The decision to deny visitation may be made by any Visitation Unit employee or any PCF supervisor.

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11. A visitor may be denied visitation due to a reasonable belief by jail officials that the visitor represents a threat to the safety, security, order, discipline, treatment, or other legitimate interests of the jail.

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11. Visitors may challenge a decision to deny them (the visitor) visitation through the PCF chain of command. An inmate may not challenge on behalf of a visitor.

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11. An inmate may challenge a decision to deny him/her visitation via the established PCF grievance procedures.

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11. Visitors may be required to present identification and register prior to visits. Only valid government-issued photo identification should be accepted.

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1. Rationale:

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11. Rules and regulations governing visiting should be provided to visitors in order to:

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111. Assist visitors to understand and comply with the required and prohibited conduct and behavior; and

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111. Provide fair notice and serve as a basis for action against visitors who violate requirements.

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11. Visiting must be handled in a manner which reduces, to the lowest possible level, opportunities for escape, introduction of contraband, prisoner violence, disruptions, and other actions which would be inimical to the legitimate penological interests of the jail.

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11. The adoption, implementation, and strict enforcement of visiting rules and regulations is an effective means of notice to inmates and their visitors of the importance of proper conduct during visits.

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11. Visiting rooms are limited in regards to design, size, equipment, visibility, acoustics, and other factors. These differences will determine whether safety and security will be degraded by permitting a prisoner to visit with more than one visitor at a time. The Supreme Court has ruled that limiting the number of visitors can be a legitimate penological interest.

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11. Minor children present unique problems during prisoners’ personal visits, and the Supreme Court has approved broad regulation of visits by children. The Supreme Court in 2003 ruled on a variety of visiting issues, including visits by children. The Court has upheld visiting regulations where there is a rational relationship between jail policy and valid penological interests. For example:

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111. Protecting child visitors from exposure to sexual or other misconduct or from accidental injury;

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111. Limiting disruption caused by children;

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111. Reducing the total number of visitors; and

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111. Reducing the number of officers needed.

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11. Visiting policies can limit the degree of relationships of children who are allowed to visit to the prisoner’s children, grandchildren, and siblings. The court approved excluding minor nieces, nephews, and children for whom parental rights have been terminated. The Court also ruled that it is “reasonable to ensure that the visiting child is accompanied and supervised by those adults charged with protecting the child’s best interests.”

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11. Communication between inmates and their visitors may result in planning actions which jeopardize the jail's legitimate security, safety, order, and/or other penological interests. Maintaining the option of monitoring personal visits provides a means of controlling and reducing risks. The jail is entitled to take reasonable steps to ensure security even when such steps may be intrusive. The Constitution does not provide prisoners an expectation of privacy in their personal communication while incarcerated.

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11. Even though prisoners have no expectation of privacy, jail commanders can provide an additional margin of protection against civil rights litigation by putting prisoners on notice that they have no expectation of privacy and visits may be monitored.

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11. There is no "unfettered" right to visit inmates in a jail or other correctional facility. Eligibility for particular visitors to visit falls within the jurisdiction and discretion of jail officials. As with any restrictions imposed by jail officials, they should be supported by a valid, rational connection to a legitimate penological interest.

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11. Jail officials have the right to require prospective visitors to produce identification as a part of the jail's legitimate visitor eligibility screening process. Registration of visitors documents inmate visits.

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**CH 05_111 __VISITOR ATTIRE__**

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1. Policy:

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11. Visitors should be provided a clear explanation of attire restrictions in the visiting rules and regulations.

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11. Visitors may not wear:

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111. See-through clothing;

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111. Short shorts or short mini skirts;

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111. Tank tops;

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111. Sleeve-less shirts;

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111. Swim suits;

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111. Bare midriff shirts;

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111. Strapless tops;

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111. Tube tops; or

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111. Other revealing clothing.

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11. Recognized gang “colors” and other gang displays are prohibited.

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11. Clothing and shoes shall be worn at all times.

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1. Rationale:

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11. Clear explanations of attire restrictions are beneficial:

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111. To eliminate or reduce the potential for misunderstanding;

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111. To help resolve disputes by visitors who arrive for visits dressed in inappropriate attire; and

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111. As documentation of the exact nature of the dress requirements in the event of legal challenges.

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11. Allowing visitors to dress in a sexually provocative manner while visiting inmates in a closed environment may jeopardize the security and safety interests of the jail.

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**CH 05_112 __VISITOR SEARCHES__**

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1. Policy:

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11. Visitors shall not be required to submit to a strip search as a condition of visiting. Instead, if jail officials have individualized or reasonable suspicion to believe that the visitor is concealing contraband or evidence of other intended violation of jail rules, the visit shall be denied.

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1. Rationale:

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11. The constitution requires that visitors cannot be subjected to strip or visual body cavity searches with out individualized or reasonable suspicion that he/she is concealing contraband or is otherwise engaged in or attempting to violate jail security or safety.

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**CH 05_113 __DOCUMENTATION__**

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1. Policy:

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11. All visits should be documented. Video visitation will be documented in the vendors' computer system. Non-video visits should be documented in the jail computer system. The documentation should include, but not be limited to:

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111. The inmate's name;

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111. The inmate's PCF number;

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111. The visitor's name;

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111. The visitor's relationship to the inmate;

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111. The date of the visit;

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111. The start and end times of the visit;

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11. A visitation denial or restriction should be documented in the jail computer system. The documentation should include the duration of and reason for the denial.

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1. Rationale:

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11. Proper documentation aids in the findings of facts for inquiries, investigations, and lawsuits.

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