I really need someone help...I recently applied to visit my fiancee and Chino State Prison denied me because 3 years ago I was on probation for False Pretenses. I have since gotten off probation and I disclosed this information on the visitng form. I also sent the Warden a letter explaining my situation and a copy of the letter stating my release from probation, but I was still denied. Is there anything I can do? Do other prisons have different visitng rules...?? He's being transferred to Jamestown and I was going to apply again there, but not if they are just going to deny me again. PLEASE HELP!! Thanks...

Monica

Monica

You should place your application in person to the Director that handles prisoner visit acceptions and denials.

Give him your app and then explain each and every item that needs to be explained... Sometimes this does more good than just looking at words on paper.

My Prayers
Donna

What Donna said is right. Also you might want to check out the "Title 15" to see if you can appeal this decision.-----Ken

Thanks for the information, but I don't live near Chino and now they are transferring him to Jamestown which is like 8 hours from me. It's almost impossible for me to drive up there to give them an application. Everytime I have called to try and speak with the Warden I am told that I need to write a letter and when I have explained that I have already done that, they tell me I have to wait for a response. It's really frustrating. How do I get a copy of the Title 15?? Thanks again...

Keep going at them!! And don't give up!! The prison hates nothing more than a big bunch of paper work!!

After the first visiting denial, you can appeal the decision in a letter to the Warden. The Warden has 30 days to answer. After that denial, you can make a formal appeal in writing to the Director of Corrections and they have 30 days to reply. Once that denial comes in, you can re-apply to visit in 6 months and the whole process goes on again. I believe the longest the CDC can deny you is 2 years.

You can down load the California Code of Regulations Title 15 online now. I thought I had the web page, but I don't. I think you can get it off the CDC website though.

If you need any more help, PM me. I hope this helps!! :)

KellyA.

http://leo.riohondo.edu/corr508/Title_15.htm

Here is Title 15!

Good Luck!
Love
Kathy

3177. Approval and Denial of Visits.

The terms "approve," "deny," "suspend," "terminate," "reinstate" and "restrict" as used in this article apply to actions which may be taken by institution or facility staff, acting under the delegated authority of the warden, superintendent or regional administrator, for the administration of the approved plan of operations for visitation between inmates and their families and friends. All such actions are subject to the provisions contained in the local approved plan of operations and to the rules and regulations set forth in this article.

(a) The authority to approved or deny written requests or applications to visit may be delegated by the warden, superintendent or regional administrator to designated staff members.

(b) The authority to approve or deny requests or applications to visit an inmate for persons who appear in person at an institution or facility and the authority to terminate an approved visit in progress, and to suspend approval for further visits, may be delegated to the official in charge of visiting at that time.

(c) Reasons for denial of a request or application to visit, by a prospective visitor or an inmate, include but are not limited to the following:

(1) Inadequate information available to establish positive identity of the prospective visitor. The request or application to visit will be reconsidered when positive identity is established.

(2) Deliberate falsification of identity by the prospective visitor or of the prospective visitor by the inmate. After positive identity of the prospective visitor has been established, and in keeping with the seriousness of the falsification, a time will be determined for reconsideration of a request to visit.

(3) Refusal by a prospective visitor or an approved visitor to submit to a search and inspection of their person or of vehicles and property brought onto the institution grounds.

(A) Refusal to submit to a requested search shall result in the visitor not being permitted to visit on that day. Future visits may be conditioned upon the visitor's willingness to submit to a search prior to each visit for as long as prison officials have reasonable cause to believe that the visitor will attempt to smuggle contraband into the institution.

(B) Conditions or restrictions placed on an inmate's visiting by a disciplinary or classification committee determination and action for reasons not directly related to a cause for searching the inmate's visitor(s) shall not be affected by the visitor's willingness or unwillingness to submit to a search, nor shall such prior disciplinary or classification committee actions be affected by the results of a search of the inmate's visitor(s) unless the inmate is found in a subsequent disciplinary hearing to have been a conspirator in an attempt to smuggle unauthorized or unlawful items or substances into or out of the institution.

(C) Visitors shall not be forcibly searched unless institution officials possess a court issued warrant to conduct the search, or unless the cause for a search arises while the visitor is on the institution grounds and the cause for the search is believed by institution officials to be a criminal offense. If institution officials have probable cause to believe that a visitor is in possession of contraband, the visitor may be forcibly detained while a search warrant is sought through the appropriate prosecutor's office.

(4) Any violation of state law committed on institution property by a visitor, pending investigation, prosecution and service of any sentence ordered by the court. If the offender is not prosecuted, approval to visit will be reconsidered upon request. If the individual is found not guilty by a court, a prior approval to visit will be reinstated. Upon completion of any sentence ordered by a court, a request to visit will be considered. Regardless of the outcome of any referral to prosecuting authorities, future visits are subject to possible restrictions as provided in section 3173(h).

(5) The prospective visitor has an extensive and recent history of criminal activity for offenses which are of particular sensitivity to institution security, such as transporting contraband in or out of correctional institutions; trafficking in narcotics in or outside of a correctional institution; aiding or attempting to aid in an escape or attempted escape from a correctional institution; the person is a crime partner of an inmate who is currently confined in a correctional institution for the same or a related offense. A time will be determined for reconsideration of a request to visit, in keeping with the circumstance and seriousness of the offenses involved and the need for institution security.

(6) The prospective visitor was confined in and was discharged from a correctional institution within the previous twelve months, and does not have the prior approval of the warden, superintendent or regional administrator. After one year from the date of a former inmate's discharge from an institution, or after discharge from parole or outpatient status, the warden or superintendent will not deny visiting by a former inmate for reasons that would not apply to any other person as set forth in this article.

(7) The prospective visitor is currently under parole, probation, or civil addict outpatient supervision and does not have written permission of his or her case supervisor and/or the prior approval of the warden or superintendent. A request to visit will be reconsidered when the case supervisor's permission is presented in writing, except as spoken to in subsection (5).

(8) The prospective visitor has had no prior personal or correspondence contact with the inmate before or during the inmate's incarceration; no family relationships exist between the prospective visitor and the inmate, and a reasonable and legitimate purpose is not given for visits. A request to visit will be reconsidered upon presentation of information and evidence to support a reasonable and legitimate reason to visit.

(9) Serious or repetitious violation of rules, regulations and procedures governing visits by an approved visitor or by an inmate while visiting with that person.

(A) When the violations(s) involve only the visitor, that individual's future visits may be restricted to the degree necessary to prevent further violations during subsequent visits, or the individual's approval to visit may be suspended for not longer than six months before reconsideration will be given, upon written request for such reconsideration. If approval to visit is not restored at that time, further consideration will be given at intervals not to exceed six months, upon request for such reconsideration.

(B) If the visitor and the inmate are both involved in the violation(s), the administrative actions spoken to in (9)(A) will be applied to future visits between the persons involved. In addition, and under circumstances where only the inmate is involved in the violation(s) the matter will be reported on a disciplinary report for appropriate action.

(C) Limitations and restrictions beyond those specified by a classification committee action may be placed on an inmate's visits for disciplinary offenses relating to visiting, drugs, narcotics and money as provided in Section 3173(o); or upon an inmate's transfer to another institution with a different approved plan of operations for visiting; or through an action by a classification committee which raises the degree of control and supervision to be exercised over all of the inmate's assignments and activities.

(10) An individual's approval to visit an inmate may be rescinded when information which would have resulted in denial of visits becomes known only after approval to visit has been granted; or for any activity or event occurring subsequent to the approval which would have resulted in denial of visits if it had occurred before approval was granted.

(11) The official in charge of visiting may deny a single visit or terminate a visit in progress under the following kinds of circumstances:

(A) The visitor appears intoxicated or under the influence of drugs to the extent that his or her presence in the institution would pose an undue threat to the safety of self or others, or a threat to the security of the institution.

(B) The visitor is not properly attired as described in Section 3171(b).

(C) The visitor is under 18 years of age and the conditions prescribed in Section 3173(g) have not been met.

(D) The visitor has a medically implanted or prothetic device and cannot clear the metal detector but does not provide the written verification as required in Section 3173(p).

(E) 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(q), or refuses to temporarily transfer to a designated institution wheelchair while the visitor’s personal wheelchair is being inspected, unless exempted from transfer under the provisions of Section 3173(q)

(F) The visiting areas are in use to maximum capacity and it is necessary to terminate the visits of those persons who have been visiting for the longest period of time in order to allow others to visit.

(G) Serious violation of institution procedures governing visiting, or repetition of less serious violations and disregard for counseling about such violations.

(12) Upon denial or termination of a visit, the official taking the action will prepare a report noting reasons for denial or termination which will then be placed in institution files and the inmate's central file, with a copy promptly forwarded to the inmate. The report will be made available to involved parties in accordance with Section 3173(m).

(13) The ranking custody officer on duty or the supervising official in charge of visiting may restrict visits, but may not deny visiting, as a temporary security measure when an inmate is scheduled for a hearing on a Serious violation or a classification hearing on an order for placement in administrative segregation. Subsequent disciplinary or classification committee action will supersede any such temporary action.

HISTORY:

1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

2. Amendment of subsection (c) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).

3. Amendment of subsection (c)(4) and new subsection (c)(13) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).

4. Amendment of subsection (c)(11)(C) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).

5. Amendment of subsection (c)(10)(C) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).

6. Amendment of subsections (c)(11)(B) and (c)(12) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).

7. Amendment of subsection (c)(3) filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).

8.Change without regulatory effect amending subsection (c)(9)(C) filed 9-26-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 39).

New subsections ©(11)(D) and (E) and subsection relettering filed 2-11-98 as an emergency; operative 2-11-98 (Register 98, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law the following day.
Certificate of Compliance as to 2-11-98 order transmitted to OAL 5-4-98 and filed 6-16-98 (Register 98, No. 25).

3178. Appeals Relating to Visiting.

Inmates, visitors, and visiting applicants may appeal department policy and regulations as well as institution procedures and practices relating to visiting. All formal appeals are to be submitted in writing.

(a) Inmates will use the established inmate appeal procedures as provided in Section 3084 et seq.

(b) Persons other than inmates should address any appeal relating to department policy and regulations to the Director of Corrections. Appeals relating to facility and institution procedures and practices should be addressed, in writing, to the warden, superintendent or regional parole administrator of the facility or institution where an issue of appeal arises. The warden, superintendent or regional parole administrator shall provide a written response within 15 working days. Appeals that are not satisfactorily resolved at this level may be referred in writing to the director. The director shall have 20 working days from the date of receipt to provide a written response.

HISTORY:

1. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).

2. Repealer and new section filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).

3. Amendment filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 28).

4. Change without regulatory effect amending subsection (a) filed 1-12-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 3).

3179. Minimum Visiting Days and Hours.

(a) Each facility's visiting procedure supplement shall provide a minimum visiting schedule of no less than 12 hours per week. Any reduction of a facility's visiting schedule shall require the prior approval of the director. Visiting days shall be contiguous and shall include Saturday and Sunday.

(b) Each facility shall allow visiting on the following holidays:

(1) New Year's Day.

(2) Independence Day.

(3) Labor Day.

(4) Thanksgiving Day.

(5) Christmas Day.

(c) When a holiday listed in (b) occurs on a day not regularly scheduled for visiting, each facility shall provide the same number of hours of visiting on that holiday as for any single regularly-scheduled visiting day.

HISTORY:

1. Change without regulatory effect renumbering former section 3182 to section 3179 filed 6-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 26).

Good luck hun.

Monica, when I called Jamestown to see if my visiting form from CCC would transfer they said to send another one just in case, so you never know it couldn't hurt. Let me know how it works out.

Thanks everyone for your help. I am going to try again at Jamestown, but I have been told that it's more difficult at Jamestown than it is at Chino. So we'll see. I am hoping he will be transferred back out to camp pretty quickly...the camps are usually easier to get approved through. I'll keep everyone updated!! Thanks again... :-)

Monica

that was some good info. my man is in jamestown and i was also denied to visit. we were co defendants in a bogus raid case that we fought for three years until the cops picked him up for tresspassing and used that to blackmale me into taking the deal. i was told by the prosecuter infront of both of our attorneys that i would probably win my case but if i so much as decided to go to a jury trial he would give my man 8 years. he had a strike with two bail enhancements. what was i to do. i threw away three years of research and had the case won, but i couldnt let them fry him like that. he was charged with a broken meth pipe with 0.03. now i have to appeal the decision. how exactly do i do it. should i gather all the evidence and everything about the case to show the warden how bogus the case was, or is that not the approach i should attempt. what would be the best way to address the warden to get visits with my long time boyfriend who i paid to get married to on sept 14 in that prison? now i wont be able to. unless there is some hope that one of you can enlighten me as to how to get approvded quickly...well its worht a shot..thanks all lori

can anyone tell me exactly what im supposed to tell the warden in my letter to him. i need to approach him in a way to grab his inards and change his mind....is it at all possible?