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CH 12 Inmate Marriage

Last modified by superadmin on 2021/04/06 16:35

Washington County Sheriff's Office

CORRECTIONS DIVISION

Policy Manual

Volume: CH

Services and Programs

Chapter: 12

Inmate Marriage

Replaces and/or Supersedes:

PI 22

Published:

01/19/2012

Review Date:

04/06/2021

Sheriff Cory C. Pulsipher

Chief Deputy Jake Schultz

TABLE OF CONTENTS

CH 12_101  Definitions

CH 12_102  References

CH 12_103  General

CH 12_101  DEFINITIONS

  1. WCSO:  Washington County Sheriff's Office
  2. PCF:  Purgatory Correctional Facility
  3. ICE:  Immigration and Customs Enforcement

CH 12_102  REFERENCES

  1. Immigration and Customs Enforcement Standards:
    1. 2000-11.
  2. Utah Sheriffs' Association Jail Standards:
    1. P01.01.01: Written Inmate Marriage Policies and Procedures Required
    2. P01.02.01: General Right of Inmates to Marry while Incarcerated
    3. P01.02.02: Denying Marriage Applications
    4. P01.02.03: Same-Sex Marriages
    5. P01.02.04: Marriages Between Inmates
    6. P01.02.05: Process for Approving and Processing Marriage Applications
    7. P01.03.02: No Conjugal Visits

CH 12_103  GENERAL

  1. Policy:
    1. Inmates may be permitted to marry while incarcerated at PCF.
    2. Inmate to Inmate marriage should not be approved.
    3. Inmate marriage requests must be received in writing. The request must include confirmation of marital intent via a signed statement, or comparable documentation, from the intended spouse.
    4. Inmate marriage requests shall be considered on a case-by-case basis. The Corrections Chief Deputy or designee shall supply a written copy of the decision to the inmate and the inmate's legal representative, if applicable. When permission is denied, a written explanation shall be provided.
    5. Marriage requests by ICE detainees shall be forwarded to ICE staff.
    6. A place and time shall be provided for permitted marriages. PCF shall not make any marital arrangements other than providing a place and time.
    7. If the marriage is approved, the written approval should contain a notice that a conjugal visit will not be approved. See CH 05 Inmate Visitation.
  2. Rationale:
    1. Refusal to permit an inmate marriage may have legal consequences. However, inmate marriages should be denied if legitimate penological interests would be compromised.
    2. Inmates will not be permitted to have a conjugal visit to consumate the marriage, nor will they be permitted to have conjugal visits at any time during their incarceration. Although marriage is a basic constitutional right, conjugal visits for prisoners is not.