Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The terms "approve," "disapprove" "deny," "restrict,"
"suspend," "terminate," "revoke," and "reinstate" as used in this article apply
to actions which may be taken by the institution head or designee for the
administration of visiting. The director or institution head may, for cause,
exclude a person from entering institutions/facilities of the Department. All
such actions are subject to the provisions set forth in this article.
(a) The official in charge of visiting may
deny an approved visitor access to an institution or facility, terminate, or
restrict a visit in progress for the following reasons:
(1) The visitor appears to be under the
influence of alcohol, drugs or other substance to the extent that his or her
presence in the institution/facility would pose an undue threat to his or her
safety or the safety of others, or to the security of the
institution/facility.
(2) The
visitor does not provide the identification and/or documentation required as
set forth in these regulations.
(3)
The visitor refuses to submit to a search or inspection of their person,
property, or vehicles brought onto the institution or facility grounds.
(A) Visitors who refuse to submit to an
unclothed body search, where reasonable suspicion exists, shall have their
visiting privileges denied for that day. Future visits may be conditioned upon
the visitor's willingness to submit to an unclothed body search prior to being
allowed to visit. Such searches may be repeated on subsequent visits for as
long as institution or facility officials have reasonable suspicion to believe
the visitor may be attempting to introduce contraband, unauthorized substances
or items into the institution or facility.
(B) The willingness or unwillingness of the
visitor to submit to a search shall not affect conditions or restrictions
placed on an incarcerated person's visiting privileges by a disciplinary or
classification committee unless the incarcerated person is found in a
subsequent disciplinary hearing to have been a conspirator to smuggle
contraband into or out of the institution/facility.
(4) Conduct in violation of
institution/facility procedures, including excessive physical contact, refusal
to follow staff instructions, disruption of the visiting/processing area,
destruction/alteration of visiting documents, or any other behavior that would
constitute a misdemeanor or felony or repetition of less serious violations and
disregard for a warning about such violations.
(5) The visitor is not appropriately
dressed.
(6) The visitor is under
18 years of age and the conditions prescribed in section
3173(b) have not
been met.
(7) The visitor has a
medically implanted or prosthetic device, cannot clear the contraband or metal
detection devices, and does not provide the written verification required in
section 3173.2(d).
(8) The visitor requires the use of a
wheelchair or other assistive device(s) for mobility impairment, but does not
provide the written verification as required in section
3173.2(e), or
refuses to temporarily transfer to a designated institution/facility wheelchair
while the visitor's personal wheelchair is being inspected.
(9) The maximum capacity of the visiting area
has been reached and to allow others to visit it is necessary to terminate the
visits of those persons who have been visiting for the longest period of time.
Exceptions shall include, but are not limited to the following:
(A) Excessive Distance: The visitor has
traveled a distance of 250 miles or more, and has not visited within the last
30 days. This exception applies to two consecutive days of visiting.
(B) Weddings: When an incarcerated person and
the visitor's marriage ceremony occurred on that day.
(C) Disabled: A disabled visitor who must
rely on special transportation to the institution/facility.
(D) Family Emergencies: When death, serious
illness or injury occurs to an incarcerated person's immediate family as
defined in Section
3000. Clergy or approved visitors
may visit the incarcerated person to offer condolences or inform the
incarcerated person of the occurrence.
(E) Infrequent Visits: When the visitor has
not visited the incarcerated person in the last six months.
(10) When the overcrowding situation
persists, visits of those remaining will be terminated as
necessary.
(b) Written
notification on a CDCR Form 887-B (Rev. 02/23), Notice of Visitor
Warning/Termination/Suspension/Denial/Revocation, which is incorporated by
reference, shall be provided to the visitor when action is taken by the
official in charge of visiting to deny, terminate or restrict a visit. The
written notification shall contain information instructing the visitor how to
appeal the action as outlined in section
3179.
(c) The institution head or designee may
revoke or suspend an approved visitor's future visits for a specified period of
time for the following reasons:
(1)
Information, which would have resulted in disapproval of visits in section
3172.1, becomes known after
approval to visit has been granted.
(2) The visitor has been involved in a
serious violation or multiple less serious violations of CDCR
regulations.
(3) Visitors who
participate in Sexual Activity in a visiting room may have their access to the
visiting program suspended for up to 6 months. A second violation may result in
a suspension of up to one year. A third or subsequent violation may result in
exclusion.
(d) The
ranking custody officer on duty or the official in charge of visiting may
restrict visits, but may not deny visiting, as a temporary security measure
when an incarcerated person is scheduled for a hearing on a serious rules
violation or for classification on an order for placement in a restricted
housing unit. Subsequent disciplinary or classification committee action will
supersede any such temporary action.
Note: Authority cited: Section 5058, Penal Code.
Reference: Section 5054, Penal Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
5054, Penal
Code.
