Inmate Visits - Directives, CT DOC, 2004
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State of Connecticut Department of Correction ADMINISTRATIVE DIRECTIVE Approved By Directive Number 10.6 Effective Date Page 1 of 11 8/15/2006 Supersedes Inmate Visits, dated 6/15/2004 Title Inmate Visits Section 5(E)(1)(a) on page 6 updated on 11/14/2006. 1. Policy. The Department of Correction shall provide for visits to inmates in accordance with sound correctional practices. Except as required by law, visitation shall be considered a privilege and no inmate shall have entitlement to a visit. 2. Authority and Reference. A. B. C. D. E. 3. Connecticut General Statutes, Sections 18-81, 18-81v, 46b-38aa, 46b-38nn, 46b-38oo and 53a-174 through 53a-174b. American Correctional Association, Standards for the Administration of Correctional Agencies, Second Edition, April 1993, Standard 2-CO-5D-01. American Correctional Association, Standards for Adult Correctional Institutions, Fourth Edition, January 2003, Standards 4-4156, 4-4267, 4-4275, 4-4498 through 4-4504. American Correctional Association, Performance-Based Standards for Adult Local Detention Facilities, Fourth Edition, June 2004, Standards 4-ALDF-2A-61 and 4-ALDF-5B-01 through 4-ALDF-5B-04. Administrative Directives 3.7, Inmate Monies; 6.6, Reporting of Incidents; 6.7, Searches Conducted in Correctional Facilities; 6.10, Inmate Property; 6.14, Security Risk Groups; 9.4, Restrictive Status; 9.5, Code of Penal Discipline; 10.4, Volunteer and Recreation Services; and 10.7, Inmate Communications. Definitions. For the purposes stated herein, the following definitions apply: A. B. C. D. E. F. G. H. Adult. A person age 18 or above. Attorney Representative. An employee of, or retained by, a legal firm or organization to include: investigator, social worker, paralegal, certified legal intern, or retained expert. Child. A person under the age of 18. Child Visit. A child who is accompanied by an authorized adult (i.e., an adult immediate family member who is on the approved visiting list, a legal guardian, an adult properly authorized by the Department of Children and Families, or an adult approved by the Unit Administrator) for the purpose of visiting an inmate who is an immediate family member. Civil Union. The union of a same-sex couple legally recognized by the Connecticut General Statutes. Contact Visit. A meeting between an inmate and an approved person which is not separated by a screen or solid glass partition. Courtesy Visit. A visit granted to an immediate family member prior to the visitor application being processed and approved. 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. Directive Number Effective Date 10.6 Page 2 of 11 8/15/2006 Title Inmate Visits I. J. K. L. M. N. O. P. Q. R. 4. Immediate Family Member. An inmate's legal spouse or civil union partner, parent, grandparent, sibling or child; to include a step/foster relationship. Marriage. The union of one male and one female legally recognized by the Connecticut General Statutes. Non-Contact Visit. A meeting between an inmate and an approved person which is separated by a screen, solid glass partition, or other partition which physically separates visitor from inmate. Privileged Visit. A special meeting between an inmate and a judge, the Governor, Legislator, Attorney General, Probation Officer, Sentence Review Board member, Commission on Human Rights and Opportunities member, State Claims Commissioner, Board of Pardons and Paroles member or employee, elected government official, correctional ombudsman, the inmate's attorney or attorney representative for an authorized purpose other than social visitation. Professional Visit. A special meeting between an inmate and a credentialed individual from the community, (e.g., law enforcement official, social worker, member of the clergy, etc.) for an authorized purpose other than social visitation. Professional visitors may be subject to security screenings. Reasonable Belief. Judgment based on information or observation deemed to be credible. Regular Social Visit. A meeting, conducted during routine visiting hours, between an inmate and a person listed on the inmate's visiting list. Security Screening. Authorized security checks (i.e., background checks) that social visitors must pass in order to be permitted to visit. Special Visit. A special meeting approved by the Unit Administrator or designee, which allows exceptions to the authorized: (1) visiting list; (2) number of visitors; (3) schedule of visits; and/or, (4) length of visit. Victim. A victim shall be defined as: (1) an individual who suffers direct or threatened physical, emotional or financial harm as a result of a crime for which another individual is incarcerated; (2) a deceased victim’s immediate family; or, (3) a legal representative of the victim. Regular Visits. A. Criteria and Authorization. An inmate who anticipates regular visits shall submit the name and address of each potential visitor to the assigned counselor utilizing CN 100602, Visiting List. The counselor shall forward a copy of CN 100601, Visiting Application and Attachment A, Inmate Visiting Rules to the prospective visitor, who shall complete and sign the application and mail it back to the assigned counselor. Up to two (2) adult visitors from the inmate's immediate family may be allowed a courtesy visit with the inmate prior to the approval of the application. A courtesy visitor shall be authorized to visit for up to 14 days. Any prospective visitors under the age of 18 shall have their respective parent or guardian sign CN 100601, Visiting Directive Number Effective Date 10.6 Page 3 of 11 8/15/2006 Title Inmate Visits Application. The parent or guardian shall also submit a completed CN 100601, Visiting Application. 1. 2. 3. Review. The Unit Administrator shall require verification of the visiting application information or any other information deemed significant. A criminal history and warrant query shall be conducted to verify criminal history information. A personal interview with the visitor applicant may be required. Modifications. Additions to an inmate's approved visiting list may be requested by the inmate using the procedure contained in this Section. Deletions from the approved visiting list may be made at the written request of the inmate. Modifications to the list shall not normally occur more frequently than every 120 days. Current and Ex-Offenders. A current or ex-offender who has been convicted of a crime shall be precluded from routine placement on an inmate's visiting list. However, a current or ex-offender may request permission to visit, in writing, through the Unit Administrator. The Unit Administrator or designee shall review such request for: a. b. c. 4. severity and nature of the offense and sentence; likelihood of ongoing criminal behaviors and ideation; and, discharge from supervision and/or oversight by any portion of the criminal justice system. Limitations. a. b. c. d. a Department employee shall be prohibited from placement on an inmate visiting list unless the employee is an immediate family member and has been approved by the Unit Administrator; no 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; a visit between an inmate and the inmate's victim shall not be permitted unless approved in writing by the Unit Administrator; and, a minor child, under 18 years old, shall be accompanied by an authorized adult immediate family member who is on the approved visiting list, legal guardian, an adult properly authorized by the Department of Children and Families, or an adult approved by the Unit Administrator. Minor children shall remain under the supervision of the adult visitor at all times while on grounds and during the visit. Directive Number Effective Date 10.6 Page 4 of 11 8/15/2006 Title Inmate Visits 5. 6. 7. B. Action. An application for visitation shall normally be approved, unless there is reasonable belief that such authorization may jeopardize safety or security, for reasons including, but not limited to issues of contraband, disruptive behavior, or failure to comply with facility rules. A person may also be removed from a visiting list for similar reasons. Any time a person is approved, denied or removed, the action (and reason if denied or removed) shall be provided to the inmate, in writing, within 30 days. It shall be the responsibility of the inmate to notify the proposed visitor of their visiting status. Appeal. A proposed visitor may appeal the denial of a request to be placed on a visiting list to the Unit Administrator within 10 days of notification of denial. The appeal shall be answered within 15 days of receipt by the Unit Administrator whose decision shall be final. Transferred Inmates. Once a visiting list has been established, it shall be considered active wherever an inmate is transferred. The inmate shall not be required to have previously approved visitors on an active visiting list re-apply when transferred. Authorized Number. An inmate shall be authorized to place up to the following number of approved visitors, to include children, on the visiting list: Level of Facility Number Authorized 5 3 and 4 2 5 7 10 A privileged or professional visitor shall not count against the authorized number on an approved visiting list. 5. Non-Routine Visits. A. Special Visits. The Unit Administrator may provide opportunities for special visits when conditions require or the visitor is not on the approved visiting list. Approved special visits shall be encouraged during routine visiting hours. Requests for visits during non-routine visiting hours shall normally require two (2) business days notice. Such visits may include: 1. 2. 3. 4. B. A person(s) awaiting approval under extraordinary or unusual circumstances; A person(s) who has traveled from out of state for a one (1) time visit; A person(s) who may assist the inmate in release planning or provide counseling; or, A family member(s) engaged in facility programming and/or an event. Privileged Visits. Privileged visits shall be reasonably accommodated. When any questionable circumstance arises regarding Directive Number Effective Date 10.6 Page 5 of 11 8/15/2006 Title Inmate Visits accommodation of a privileged visitor, the shift supervisor in consultation with the Duty Officer, shall personally investigate the situation using face to face contact, and obtain any additional information necessary, to try to accommodate the visit. If a privileged visit is not accommodated, the shift supervisor or higher authority shall complete CN 6601, Incident Report in accordance with Administrative Directive 6.6, Reporting of Incidents, detailing all actions taken and the reason(s) the visit was not accommodated or denied. The incident shall be reported as a Class 3 incident. Privileged visitors shall present valid identification containing a photograph and certification of status prior to being allowed to visit as detailed in this Section. Privileged visitors shall not be required to submit to the standard security screening but must successfully pass through the metal detector. 1. 2. Acceptable Single Form of Identification. A federal, state or other governmental identification with photograph shall be accepted. Acceptable Multiple Forms of Identification. A valid driver’s license shall be accepted when it is accompanied by one of the following additional forms of identification: a. b. c. d. e. C. a legal firm’s identification with photograph; Connecticut Bar Association Photo Identification card; a certified professional identification or credential identifying association with a privileged entity (e.g., Connecticut Bar Association card or Jurist number, etc.); a current list of attorneys/legal representatives submitted by an established law firm may be used as a corroborating document to establish privileged identification status; or, a letter from the inmate’s attorney identifying an individual as the attorney’s representative. Professional Visits. Professional visits shall be reasonably accommodated. A valid driver’s license and a professional credential shall be required for any professional not on the visiting list. Professional visitors shall successfully pass through the metal detector in accordance Section 18-81v of the Connecticut General Statutes in order to enter the facility to visit and may be subject to the security screening process. Private visiting rooms/areas may be provided for professional visits, if appropriate. When any questionable circumstance arises regarding accommodation of a professional visitor, the shift supervisor in consultation with the Duty Officer, shall personally investigate the situation using face to face contact, and obtain any additional information necessary, to try to accommodate the visit. If a professional visit is denied, the shift supervisor or higher authority shall complete CN 6601, Incident Report in accordance with Administrative Directive 6.6, Reporting of Incidents, stating the reason(s) for the denial. The incident shall be reported as a Class 3 incident. Directive Number Effective Date 10.6 Page 6 of 11 8/15/2006 Title Inmate Visits D. Restrictive Housing Inmate Visits. Visits to an inmate in restrictive status shall be as provided in Attachment A of Administrative Directive 9.4, Restrictive Status. E. Extended Family Visiting (EFV) Program. Each facility with an established EFV Program shall develop specific rules for extended family visits and such rules shall be made available to both inmates and approved visitors. 1. Requirements. In addition to any facility rules, the following shall be required for approval of an Extended Family Visit: a. Each Extended Family Visit shall include: 1. 2. b. c. 2. the inmate’s child (children); and, the inmate’s spouse or civil union partner; and/or, the child’s legal guardian; and/or, the inmate’s parent(s). A child under age 18 shall be accompanied by an authorized adult immediate family member or an adult properly authorized by the Department of Children and Families. The inmate shall be tested by the Health Services Unit for Tuberculosis and any other test deemed necessary regarding a socially or sexually transmittable disease(s). If part of the EFV, the inmate's spouse or civil union partner shall also be tested annually for Tuberculosis by a licensed health care provider/medical center, and a copy of the testing shall be provided to the Health Services Unit at the facility prior to approval of the EFV. The facility shall provide and document pre-test and post-test counseling for the inmate and spouse or civil union partner. In addition, the inmate, the inmate's spouse or civil union partner and all appropriate visitor(s) shall complete and sign a waiver of State responsibility form prior to the visit. Prohibition. No inmate shall be allowed to participate in the EFV Program who is: a. b. c. d. e. on restrictive status in accordance with Administrative Directive 9.4, Restrictive Status; in level 4 Close Custody status; a Security Risk Group/Security Risk Group Safety Threat Member; found guilty of a Class A disciplinary offense for the inmate’s current incarceration; found guilty of a Class B disciplinary offense for the previous two (2) years of the inmate’s current incarceration. The two year calculation shall begin from the date of the disciplinary offense; and/or, Directive Number Effective Date 10.6 Page 7 of 11 8/15/2006 Title Inmate Visits f. 3. 6. not an immediate family member and/or has not legally entered into marriage or civil union with an intended visitor prior to incarceration for the present offense. Approval. Each facility that has an EFV Program, shall, by unit directive, establish an application, approval and scheduling process for extended family visits. The approval process shall include written verification by the Health Services Unit that the inmate has satisfied the counseling and testing requirements of Section 5(E)(1)(C) of this Directive. Visitor participation in the program shall be limited to immediate family members who are on the inmate's approved visiting list. The number of persons allowed on extended family visit at the same time shall be at the discretion of the Unit Administrator. Visiting Procedures. A. Number of Visitors. The number of visitors allowed to visit at the same time may be limited based on space, volume of visitor activity or any other reasonable factor. The following numbers, including children, may be allowed: 1. 2. Contact Visit - three (3); Non-Contact Visit - two (2). An adult visitor who brings a child(ren) on facility grounds shall continuously supervise and attend to the child(ren) at all times while on grounds and during the visit. The Department shall not be responsible for the supervision of children. B. Times. Restrictions may be placed on visiting hours and the duration of a specific visit as required to accommodate security, safety, extraordinary numbers, facility need and order. Normally the following time and scheduling conditions shall be met: 1. 2. 3. C. Frequency. Inmates shall not normally be allowed to have more than one visit by the same visitor on the same day. 1. 2. D. At least one (1) evening visit weekly; Weekend visits; and, Visits of at least one (1) hour in duration. Except as specifically provided herein, an inmate shall normally be allowed a minimum of two (2) regular visits each week. A limitation shall not be placed on the frequency of professional or privileged visits without the approval of the Unit Administrator. Visit Conduct. 1. Order. Visits shall be conducted in a quiet, orderly and dignified manner. Staff supervising the visiting area may Directive Number Effective Date 10.6 Page 8 of 11 8/15/2006 Title Inmate Visits 2. 3. E. F. terminate any visit not complying with this Directive or posted facility rules. Attire. Each visitor shall dress in a proper fashion with reasonable modesty. Revealing, seductive, offensive clothing or attire that may present a safety and/or security risk may result in a visitor being denied access to, or being removed from, the visiting room in accordance with Section 6(M) of this Directive. Minor Children. Children ages 16 – 18 years of age shall be required to present a photo identification. A child shall be accompanied by an authorized adult immediate family member on the approved visiting list, legal guardian, an adult properly authorized by the Department of Children and Families, or an adult approved by the Unit Administrator. Minor children shall remain under the supervision of the adult visitor at all times while on grounds and during the visit. Identification. Upon arrival at the facility, the identity of a visitor, age 16 or above, shall be verified through a driver's license or other appropriate photo identification prior to admission to the visit. Contraband. No visitor shall deliver or receive any item, to include written correspondence, except as noted in this Section, to or from an inmate. The exception is that upon prior notification of staff, a professional or privileged visitor shall be allowed to exchange legal papers with an inmate. A sign shall be posted at the entry of each facility stating: "You are entering a correctional facility. All visitors and vehicles are subject to search by Department of Correction personnel. It is a crime to convey, pass or causing to be conveyed or passed into this facility any item that is prohibited by Sections 53a-174, 53a-174a and 53a-174b of the Connecticut General Statutes. Violators shall be prosecuted. A list of prohibited items is posted inside." G. Searches. Searches of a visitor, visitor's vehicle or personal property may be conducted as specified in Administrative Directive 6.7, Searches Conducted in Correctional Facilities. In accordance with Section 18-81v of the Connecticut General Statutes, a visitor who activates a walk-through metal detector shall be given the opportunity to submit to a search with a portable or hand-held metal detector in order to gain entrance into the correctional facility. If the visitor consents to a search, such consent shall be documented on CN 100603, Visitor Search Consent Form in accordance with this Directive. When the visitor consents to a search with a portable or hand-held metal detector, the visitor shall be escorted by a correction officer of the same sex to a separate room, restroom or other private location within the correctional facility, where the visitor shall first remove any object or article of clothing that activated the walk-through metal detector and then submit to a portable or hand-held metal detector search. If the portable or hand-held metal detector is not activated during such search, the Directive Number Effective Date 10.6 Page 9 of 11 8/15/2006 Title Inmate Visits H. I. J. K. visitor shall be allowed to reapply the object or article of clothing that activated the walk-through metal detector before exiting the separate room, restroom or other private location where the portable or hand-held metal detector search is conducted and shall be allowed to enter the correctional facility. If the portable or hand-held metal detector is activated during such search or if the visitor refuses to give consent to be searched, the visitor shall be denied access to the facility. Logging of Visitors. The Department shall establish and maintain procedures for recording the name of each visitor, the inmate visited and the date and time the visit occurred. Notification of Rules. All prospective visitors shall be provided with a copy of Attachment A, Inmate Visiting Rules along with CN 100601, Visiting Application. Attachment A, Inmate Visiting Rules shall provide general visiting rules for all correctional facilities. These rules along with any additional local requirements and visiting schedules shall be prominently posted, and where the physical plant allows, in an area prior to entering a security screening area. Attachment A, Inmate Visiting Rules shall be made available on the Department’s website. Security Screening. All visitors shall be required to successfully pass through the metal detector or other detection system to gain access to the correctional facility in accordance with CN 100603, Visitor Search Consent Form; Attachment A, Inmate Visiting Rules; Attachment B, Security Requirements to Gain Access to a Correctional Institution; and Attachment C, Visitor Search Procedures. Such notices shall be prominently posted in accordance with Section 6(I) of this Directive. Contact/Non-Contact Visit. Each level 2, 3 and 4 facility may provide for contact visits. No inmate shall be entitled to a contact visit. Inmates on any type of restricted status, in the close monitoring program, on chronic discipline or high security status may not be allowed contact visits in accordance with Administrative Directives 9.4, Restrictive Status and 6.14, Security Risk Groups. Privileged or professional visits, for inmates not allowed contact visits, may be contact or non-contact at the discretion of the Unit Administrator. 1. Level 4 Contact Visits. Level 4 inmates meeting the following criteria may be afforded contact visits: a. b. c. d. e. f. six (6) months at current security level; free of Class A disciplinary reports for two (2) years. Free of Class A disciplinary report for Assault on a Department of Correction Employee for a duration to be determined by the Unit Administrator but not less than two (2) years; free of other disciplinary reports for six (6) months; positive program and work performance for one (1) year; if unsentenced, bond below $250,000; if under the age of 21, enrolled in General Equivalency Diploma preparation program; and, Directive Number Effective Date 10.6 Page 10 of 11 8/15/2006 Title Inmate Visits g. consistent with Administrative Directive 9.4, Restrictive Status, not classified a High Security Inmate. An inmate authorized a contact visit may be permitted a brief embrace and kiss at the beginning and end of a visit, but excessive intimacy, to include inappropriate kissing, hugging or fondling shall be strictly prohibited. 2. Non-Contact Visits. Non-contact visits may be utilized when an inmate presents a reasonable security concern which may include, but not be limited to, the following: a. b. c. d. e. f. g. h. L. M. N. O. escape risk or history; history of introduction of contraband; history of disruptive behavior; Security Risk Group activity; non-conformity to rules or staff direction; refusal to participate in recommended program or work assignment; information developed which indicates a reasonable threat of disruption to the safety, security or order of the facility; and, history of inappropriate sexual behavior. Receipt of Inmate Property and Funds. No inmate property or funds shall be accepted by facility personnel in connection with an inmate visit. All receipt of property shall be in accordance with Administrative Directives 6.10, Inmate Property and 10.7, Inmate Communications. Receipt of monies shall be in accordance with Administrative Directive 3.7, Inmate Monies, which states that an inmate may only receive certified, payroll, cashier, government checks or money orders through the mail sent to a designated location from an individual on the inmate’s approved visiting list or an individual that has received prior written approval from the Unit Administrator. Any unacceptable funds received through the mail shall be returned to the sender with a Returned Letter or Funds Notification form, indicating the reason for the return in accordance with Administrative Directive 3.7, Inmate Monies. A Unit Administrator may make provisions to receive items of clothing for pretrial inmates or inmates within 30 days of discharge. Visit Termination. A single visit, or all visits, may be canceled, denied or terminated, by the ranking custody supervisor, at any time facility security and order requires or a reasonable belief exists that continuance of the visit could jeopardize safety, security or good order. Violation of the facility's visiting rules shall be grounds for terminating the visit. Incident Report. When an approved visitor is denied access or a visit is terminated CN 6601, Incident Report shall be prepared in accordance with Administrative Directive 6.6, Reporting of Incidents and forwarded to the Shift Commander or designee. Discipline and Prosecution. Any inmate whose visit is terminated as a result of a wrongful act shall be considered for Directive Number Effective Date 10.6 Page 11 of 11 8/15/2006 Title Inmate Visits P. 7. Visiting Accommodations. A. B. C. 8. Space. Each facility shall provide an area for visits, which permits supervision consistent with the facility's security level. If available, space shall be provided for the storage of a visitor's coat, handbag or any other personal item not permitted in the visiting area. The Department shall assume no responsibility for items stored at, or brought into, the facility. A sign notifying visitors of these conditions shall be posted in the visiting area. Outdoor Visit. A Unit Administrator may, where space allows, provide outdoor visits within level 4 and below facilities. Visitor Information. Except as exempted in writing by the Deputy Commissioner of Operations, each contact visiting room shall provide pamphlets outlining facility programs, visiting rules and public/assisted transportation. Forms and Attachments. The following forms and attachments are applicable to this Administrative Directive and shall be utilized for the intended function: A. B. C. D. E. F. 9. disciplinary action in accordance with Administrative Directive 9.5, Code of Penal Discipline, or criminal prosecution as appropriate. A visitor shall be referred for criminal prosecution when warranted. Denial of Visitation. An inmate may be denied future visits for a specified period of time in accordance with Administrative Directive 9.5, Code of Penal Discipline. A visitor whose visit is terminated may be denied future visits at the discretion of the Unit Administrator. CN 100601, Visiting Application; CN 100602, Visiting List; CN 100603, Visitor Search Consent Form; Attachment A, Inmate Visiting Rules; Attachment B, Security Requirements to Gain Access to a Correctional Institution; and, Attachment C, Visitor Search Procedures. Exceptions. Any exceptions to the procedures in this Administrative Directive shall require prior written approval from the Commissioner.