Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
The authority to approve or disapprove prospective visitors may be delegated by
the institution head. This authority shall not be delegated below the level of
a correctional sergeant or parole agent II.
(b) Reasons for disapproving a prospective
visitor include but are not limited to the following:
(1) The prospective visitor has outstanding
arrests/warrants including a Department of Motor Vehicles Failure to Appear
notice with no disposition from the court.
(2) The prospective visitor has one felony
conviction within the last three years or two felony convictions within the
last six years or three or more felony convictions during the last ten
years.
(3) The prospective visitor
has any one conviction of the following types of offenses:
(A) Distributing a controlled substance into
or out of a state prison, correctional institution/facility or jail.
(B) Transporting contraband (weapons,
alcohol, escape and drug paraphernalia, cell phones or other wireless
communication devices or the components thereof etc.) in or out of a state
prison, correctional institution/facility or jail.
(C) Aiding or attempting to aid in an escape
or attempted escape from a state prison, correctional institution/facility or
jail.
(D) The prospective visitor
is a co-offender of the incarcerated inmate.
(4) The prospective visitor is a former
incarcerated person who has not received the prior written approval of the
institution head or designee. After one year from the date of a former
incarcerated person's discharge from an institution/facility, or after
discharge from parole or outpatient status, the institution head will only deny
visiting by a former incarcerated person for reasons that would apply to any
other person as set forth in this article.
(5) The prospective visitor is a supervised
person or person on probation on civil addict outpatient status and has not
received written permission of their case supervisor and/or the prior approval
of the institution head.
(6) The
identity of the prospective visitor or any information on the visiting
questionnaire, is omitted or falsified.
(A)
If the prospective visitor has omitted information, the request to visit shall
be reconsidered when the information is provided.
(B) If the applicant has falsified
information no other request to visit shall be considered until six months
after the date of disapproval.
(C)
When positive identity cannot be established or clearing the criminal history
of the prospective visitor is not possible due to inadequate or conflicting
information, the visiting request will be reconsidered when positive identity
is established.
(c) The documentation of the approval or
disapproval of an application to visit shall be in writing.
(1) If the application is approved,
incarcerated persons shall be notified in writing and are responsible for
informing their prospective visitor(s) of the institution/facility decision to
approve the application.
(2) If
disapproved, the prospective visitor and incarcerated person shall both be
notified in writing. The prospective visitor's notification shall include the
specific reason(s) for disapproval and instructions regarding the process for
reconsideration.
(d) The
prospective visitor may appeal the disapproval by following the established
visitor appeal process described in section
3179.
(e) Approval to visit an incarcerated person
is conditioned upon compliance with all laws, regulations, and procedures
governing visitor conduct on institution/facility property.
(f) There are no restrictions on the number
of incarcerated persons that a visitor may be approved to visit at one or more
institution/facility.
(g) Any
visitor approved for visiting at one institution/facility shall be approved to
visit the same incarcerated person upon transfer to another
institution/facility provided the visitor's approval status remains
unchanged.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
4576 and
5054, Penal
Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
4576 and
5054, Penal
Code.
