Kansas Administrative Regulations
Agency 123 - JUVENILE JUSTICE AUTHORITY
Article 5 - OFFENDER MANAGEMENT
Section 123-5-505 - Offender visitation
Universal Citation: KS Admin Regs 123-5-505
Current through Register Vol. 43, No. 39, September 26, 2024
(a) Facility orders shall be promulgated to govern offender communication with family, friends, relatives, and others through visits to the facility. Further elaboration of this regulation through the internal management policies and procedures shall be made by the commissioner or designee, particularly with respect to establishing a system of identifying a primary visitor for each offender. The following procedures shall be observed by the staff in the administration of visits.
(1) A suitable area and reasonable
space within the facility shall be provided for offender visitation. All visits
shall be held in the area provided, except when the superintendent or designee
grants authority for a visit to be conducted elsewhere. For reasons of security
and order in the facility, a visit may be allowed by the superintendent or
designee with the stipulation that physical contact between the offender and
visitor shall not be permitted. All visits, except those provided for in
subsection (b), shall be subject to visual and sound monitoring of actions and
conversations during the visit.
(2) Any offender may make a list of not more
than 20 friends or relatives for the purpose of visiting the offender in the
facility. Each proposed visitor shall be informed of the following
requirements:
(A) No person under the age of
18, who shall be referred to as a "minor child," shall be allowed to visit,
unless the minor child is a member of the offender's immediate family. For the
purpose of this subsection, "immediate family" shall mean siblings,
stepsiblings, children, stepchildren, and spouse.
(B) No minor child who is a member of the
offender's immediate family, except the spouse, shall be allowed to visit
unless the minor child is accompanied by a parent, legal guardian, or an adult
having a power of attorney from the minor child's parent or legal guardian
vesting the person accompanying the minor child with authority to transport and
supervise the minor child on the premises of the facility for the purpose of
visiting the offender.
(3)
(A)
Notwithstanding any visiting list restrictions, an offender's attorney or a
clergy member shall be permitted to visit the offender at reasonable times,
unless a clear abuse of this privilege has occurred or unless there is reason
to believe that such a visit could prove dangerous or harmful to the security
and order of the facility or to the rehabilitation of any offender.
(B) If an individual requests to visit an
offender but is not listed on the offender's visitor list or if an individual
is listed but has not yet been approved for visitation, the individual shall be
interviewed and identified by authorized personnel. If the requested visit
conforms to all facility and agency requirements, a one-time visit may be
approved pending further investigation and approval of subsequent visits.
(C) No person who has been
convicted of any felony or a narcotic offense shall be permitted to visit any
offender, unless prior, written approval is given by the superintendent or
designee.
(D) Each offender's
refusal to see a particular visitor shall be documented in the offender's
facility record.
(4)
Each visitor in the facility shall meet the following requirements:
(A) Wear appropriate attire as described and
published by the superintendent;
(B) not exchange any written material,
article, or merchandise of any sort with the offender, unless doing so is in
accordance with regulations, internal management policies and procedures, and
facility orders;
(C) be on the
approved visitor list of only one offender in the same facility, unless that
visitor meets one of the following requirements:
(i) Is a member of the immediate family, as
defined in paragraph(a)(2) of this regulation, of more than one offender in the
facility; or
(ii) is an approved
mentor, pursuant to a mentoring program approved by the commissioner or
designee, to the offenders on whose list the visitor appears;
(D) sign the facility's register
before and after each visitation;
(E) be subject to search, photographing, and
fingerprinting;
(F) have
visitation restricted or terminated if the facility's security needs so
warrant; and
(G) not distribute
anything inside the facility without prior, written permission from the
superintendent or designee.
(5) No person who formerly was a juvenile
justice authority employee, who formerly worked at a facility as an employee of
an entity under contract to provide services to the facility, or who formerly
was a volunteer at a facility shall be permitted to visit an offender except
under either of the following conditions:
(A)
At least one year has passed since the person's employment or volunteer status
was terminated, unless the individual is related by blood or marriage to the
offender. If the individual has a blood or marital relationship with the
offender, the former employee, former contract employee, or former volunteer
may nonetheless be subject to the minimum two-year waiting period under the
requirements specified in paragraph (a)(5)(B). Approval of visits after one
year shall be at the discretion of the superintendent upon written request of
the offender or former employee, former contract employee, or former volunteer.
If the superintendent disapproves the visits, the offender and the
former-employee, former contract employee, or former volunteer shall be
notified by the superintendent of the specific reasons for the denial.
(B) If barred from a facility
because of undue familiarity with an offender or for trafficking in contraband,
whether or not convicted of any criminal offense in connection with the
instance of undue familiarity or trafficking, the person shall not be permitted
to have visits with any offender for a minimum of two years after the effective
date of the order barring the person from any facility. The approval of visits
after two years shall be given at the discretion of the superintendent and with
the approval of the deputy commissioner of operations, upon written request of
the offender or the former employee, former contract employee, or former
volunteer.
(6) Any
individual who is currently a juvenile justice authority employee, contract
employee, or volunteer and who is related by blood or marriage to an offender
may be permitted to visit the offender, at the discretion of the commissioner
or designee and with the recommendation of the superintendent of the facility
where the offender is assigned.
(7) Designated personnel shall be present
during all visitations and shall supervise visits to the extent that is
appropriate to protect the nature and privacy of the relationship between the
offender and visitor and to maintain security and control.
(8) Any visitor's visiting privileges may be
suspended if the visitor violates any regulation, internal management policy
and procedure, or facility order pertaining to visitation. An offender's
visiting privileges may be suspended if the offender is convicted of a
disciplinary violation, whether or not the offender's conviction relates to the
violation of a regulation, internal management policy and procedure, or
facility order pertaining to visitation.
(A)
The length of any suspension of visiting privileges shall be determined by the
superintendent or designee, subject to the limitations specified in paragraph
(a)(8)(B).
(B) The initial length
of a suspension of visiting privileges imposed for violation of a facility
order shall not exceed one year. At its termination, the suspension shall be
subject to review by the superintendent or designee and may be extended for
successive periods of six months each. Each extension of a suspension shall be
reviewed by the superintendent or designee at its termination.
(9) Any visitor's visiting
privileges may be permanently suspended, and the visitor may be barred from
entering on the grounds of any facility if all of the following conditions are
met:
(A) Some credible evidence demonstrates
that the visitor has committed or attempted to commit, conspired regarding, or
solicited any of the following types of misconduct:
(i) Facilitating an escape;
(ii) assaulting or battering a juvenile
justice authority employee, contract employee, or volunteer;
(iii) communicating a threat proscribed by
K.S.A. 21-3419, and amendments thereto, to a juvenile justice authority
employee, contract employee, or volunteer;
(iv) engaging in sexual intercourse, sodomy,
or lewd fondling and touching with an offender while on the grounds of a
correctional facility, whether or not the sexual contact at issue was
consensual; or
(v) violating
K.S.A. 21-3826, and amendments thereto.
(B) The permanent suspension of visiting
privileges and banning of the person from entering the grounds are recommended
by the superintendent of the affected facility.
(C) The permanent suspension of visiting
privileges and banning of the person from entering the grounds are approved by
the deputy commissioner of operations.
(10) Upon a determination of reasonable
suspicion, any person, including a visitor, shall be subject to search before
entering and while remaining on the grounds of a correctional facility. A
person's visiting privileges shall be suspended for a period of one year and
restricted to noncontact visiting for an additional six months if the person
refuses to be searched before or after gaining access to facility grounds for
the purpose of visiting an offender.
(b) A place shall be provided that permits confidential conversation for private consultation by attorneys, clergy members, and other persons having a statutory right of privileged communication, except a spouse, who shall be treated as any other visitor. Only those measures necessary to preserve security shall be permitted to interfere with the consultation. Sound monitoring shall not be permitted, and visual monitoring shall be permitted only when necessary to maintain security.
(c) The requirements of this regulation shall apply only to the visitation provided for in the "offender privileges and incentives" IMPP or the facility's behavior management system. All visits to offenders authorized by a program otherwise implemented by regulation or internal management policy and procedure shall be governed by the provisions established for that program.
This regulation shall be effective on and after April 8, 2005.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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