California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 2 - Incarcerated Person Resources
Article 7 - Visiting
Section 3170 - General Visiting

Universal Citation: 15 CA Code of Regs 3170

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

(a) These regulations are made in recognition and consideration of the value of incarcerated person visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing incarcerated persons 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 incarcerated persons and their visitors shall be respected subject to the need to verify the identity of an incarcerated person 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 incarcerated persons 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 incarcerated persons 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 incarcerated persons, 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 incarcerated person and visitor is responsible for their 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 incarcerated persons 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 Cal Rptr. 800 (1980).

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 5054 and 6400, Penal Code; and In re French, 164 Cal Rptr. 800 (1980).

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