California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 1 - Board of State and Community Corrections
Chapter 1 - Board of State and Community Corrections
Subchapter 4 - Minimum Standards for Local Detention Facilities
Article 6 - Programs and Services
Section 1062 - Visiting

Universal Citation: 15 CA Code of Regs 1062

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

The facility administrator shall develop and implement written policies and procedures, which include the following requirements:

(a) A visiting program which shall provide for:

(1) As many in-person visits and visitors as facility schedules, space, and number of personnel will allow.

(2) A publicly posted schedule of facility visiting hours. If practicable, visiting hours should be made available on weekends, evenings, or holidays.

(3) For sentenced incarcerated persons in Type I facilities and all incarcerated persons in Type II, III, and IV facilities there shall be allowed no fewer than two visits totaling at least one hour per incarcerated person each week.

(4) In Type I facilities, the facility administrator shall develop and implement written policies and procedures to allow visiting for non-sentenced detainees. The policies and procedures will include a schedule to assure that non-sentenced detainees will be afforded a visit no later than the calendar day following arrest.

(b) Visits may not be cancelled unless a legitimate operational or safety and security concern exists. All cancelled visits must be documented. The facility manager or designee shall regularly review cancelled visits and document such review.

(c) The visiting policies developed pursuant to this section shall include provision for visitation by minor children of the incarcerated person.

(d) Video visitation may be used to supplement existing visitation programs, but shall not be used to fulfill the requirements of this section if in-person visitation is requested by an incarcerated person.

(e) Facilities shall not charge for visitation when visitors are onsite and participating in either in-person or video visitation. For purposes of this subsection, "onsite" is defined as the location where the incarcerated person is housed.

(f) Subdivision (d) shall not apply to facilities which (1) exclusively used video visitation prior to January 1, 2017 or (2) had been designed without in-person visitation space and conditionally awarded by the Board prior to June 27, 2017, funding authorized by Chapter 3.11 (commencing with Section 15820.90), Chapter 3.12 (commencing with Section 15820.91), Chapter 3.13 (commencing with Section 15820.92), or Chapter 3.131 (commencing with Section 15820.93).

(g) If a local detention facility offered video visitation only as of January 1, 2017, the first hour of remote video visitation per week shall be offered free of charge.

1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment of subsection (a) and new subsections (b) and (c) filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
4. Editorial correction of printing error in subsection (a) (Register 91, No. 32).
5. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Amendment of subsection (b) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
7. Amendment of subsections (b) and (c) and NOTE filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
8. Amendment of subsection (a) and new subsections (d)-(g) filed 2-5-2018; operative 4-1-2018 (Register 2018, No. 6).
9. Editorial correction of subsection (a) and HISTORY 8 (Register 2021, No. 9).
10. Amendment filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).

Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Sections 6030 and 4030, Penal Code and Section 15820.948, Government Code.

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