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Old 03-16-2005, 06:18 PM
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Default Family Visits/Procedure/Rules/Minor Participation/Eligibility

Revision May 1, 2003

54020.33 Family Visiting General Information
Family visiting is a privilege earned by the inmate through successful program participation.
• Misconduct on the part of the inmate or visitor(s), violation of a law, rules or regulation may be cause for termination of the visit.
• Family visits are restricted to the living quarters and the yard assigned for the family visit.
• Visitors shall not be permitted to leave and return during the visit.


54020.33.1 Inmate Family Visiting Eligibility
Eligibility for participation in the Family Visiting Program (FVP) is subject to the provisions of CCR Sections 3044 and 3177. Family visiting shall be restricted as necessary to maintain order, the safety of persons, the security of institution, and required prison activities and operations, pursuant to CCR Section 3170.


54020.33.2 Inmate Applications for Family Visits
Each inmate's assigned Correctional Counselor I (CC-I) is responsible for determining his/her eligibility to participate in the FVP. Applicants shall submit their initial Institutional request, on a CDC Form 1046, Family Visiting Application, to their respective CC-I. The CC-I shall evaluate the following areas of specific interest:
• Escape history.
• Commitment offense and behavior history to determine eligibility, pursuant to CCR Section 3177(b).(1).
• Current case factors to determine eligibility pursuant to CCR Section 3177(d). Any disciplinary or classification committee action that restricts, suspends, or denies an inmate's regular visiting, shall also apply to participation in the FVP for the duration of the imposed sanction.

54020.33.3 Requests for Specific Family Visiting Dates
Inmates may request specific dates for a family visit. When applying for a specific family visiting date, inmates shall submit two alternate dates. A reasonable effort shall be made to accommodate the inmate's preference; however, no scheduled family visit shall be canceled to accommodate a preferred date request. If all requested dates are filled, the next available date will be determined by the family visiting coordinator, and offered to the inmate.

54020.33.4 Notification of Scheduled Family Visiting Date
A CDC Form 1072, Family Visiting Inmate Notification, shall be provided to the inmate upon scheduling of family visiting dates.
• It shall be the inmate's responsibility to return the signed form to the family visiting coordinator within ten working days to secure the dates.
• Exchange of family visiting dates shall not be permitted.


54020.33.5 Visiting Status Changes
Any disciplinary or classification committee action that restricts, suspends, or denies an inmate's regular visiting, shall also apply to participation in the FVP for the duration of the imposed sanction.


54020.33.6 Inmates on Non Contact Visiting Status
Inmates on the FVP list who are placed on temporary non-contact visiting status, as a result of pending disciplinary charges and/or classification committee action, shall not be permitted to participate in the FVP until the pending charges or classification committee action that led to the restricted status is resolved. The inmate's name shall remain on the list until all the charges and/or committee actions are resolved. If an inmate's family visit is canceled due to pending disciplinary and/or classification action and the inmate is found not guilty, the visit shall be rescheduled on the first available date.


54020.33.7 Cancellation of a Family Visit
During emergency situations, the family visiting coordinator shall make a reasonable effort to notify the family of the cancellation of the family visit.


54020.33.8 Processing Inmates for Family Visiting
Inmates shall present their CDC identification card to the family visiting coordinator, report to a designated area for inspection of their property, and submit to an unclothed body search. Inmates shall submit urine samples as ordered by the family visiting coordinator. The family visiting coordinator shall complete a Family visit inmate property inventory CDC Form 1070 male inmate items/1070-A female inmate items, as appropriate. The inmate shall be escorted to the proper family visiting unit. Inmates shall be authorized to bring the following items into a family visit:
• Two changes of underwear.
• Toothbrush.
• Safety razor.
• Items in accordance with this article.
The family visiting coordinator, or staff, shall provide a brief orientation of the unit to the occupants.


54020. 33.9 Urinalysis
Inmates participating in the FVP shall at minimum submit to a urinalysis upon completion of the visit. Refusal to submit to a urinalysis shall result in disciplinary action; visit cancellation, and removal from the FVP by classification committee action.


54020.33.10 Family Member Participation
Participation in the FVP is restricted to the inmate's immediate family members.
• A certified copy of the marriage certificate shall be presented to the family visiting coordinator prior to each visit by the inmate's spouse.

54020.33.11 Minor's Participation
Unescorted minors shall not be permitted to participate in the FVP, except as authorized by the institution head, or designee. Notarized, written approval of the parent or legal guardian is required when a minor accompanies an adult who is not the parent or legal guardian of the minor. The approval shall specify by name the approved family member who is authorized to chaperone the minor, and the specific date of each family visit authorized for the minor's attendance. Adult children of the inmate, 18 years of age or older, shall present their birth certificate, and a valid form of identification, prior to each family visit.


54020.33.12 Standby Family Visits
Standby family visits are not authorized.


54020.33.13 Family Visiting Length and Visitor Reporting Requirements
Institutions shall require family visitors to check-in at the visitor processing area prior to 11:00 a.m. on the day of the visit.
• Family visitors shall report to the visitor processing area at the time designated by the institution.
• Visitors failing to report to the visitor processing area by 11:00 a.m., without the notification and approval of the family visiting coordinator, are subject to cancellation of the visit, and suspension of FVP privileges for six months. Inmates and visitors shall be permitted to spend approximately 46 consecutive hours in the family visiting units.


54020.33.14 Processing of Visitors for Family Visiting
Visitors shall report to the visitor-processing center. All visitors shall be searched in accordance with this section. All personal articles shall be inspected. Those items that cannot be visually or manually inspected shall be x-rayed or disallowed. The family visiting coordinator shall transport the visitors, and their property, in a state vehicle to their respective family visiting units when necessary.


54020.33.15 Authorized Property for Family Visiting
Visitors are authorized to possess the following items while participating in the family-visiting program:
• One bag of clothing per visitor; no suitcases are permitted.
• Clothing shall be in paper, plastic, or fabric bags.
• Basic personal hygiene and cosmetic items in the amount necessary for the length of the family visit.
• No aerosol containers.
• Disposable diapers only.
• Children's toys.
• Simple games, coloring books, crayons, or pencils (as authorized by the institution).
• Locker key.
• Prescribed medications in accordance with this article.
• Prescribed birth control pills.
• A spouse shall be permitted to bring in a maximum of ten commercially-sealed condoms per visit.
• Condoms in unsealed packaging shall not be permitted into the institution.
• All unused condoms shall be retained in their sealed packaging and taken from the institution by the visiting spouse.
• Under no circumstances shall an inmate be permitted to possess condoms outside of the family visiting quarters.


54020.33.16 Food for Family Visiting
Inmates participating in the FVP shall be required to purchase all food for the visitor, and themselves, with funds from their trust account. A minimum of two meals per day, per person, shall be purchased prior to commencement of the family visit.


Family Visiting Food Menu
Each institution shall maintain a family-visiting menu from which to choose. The family- visiting menu shall provide the following food items
• Minimum of five, maximum of ten, breakfast entrees.
• Minimum of five, maximum of ten, lunch entrees.
• Minimum of five, maximum of ten, dinner entrees.
• Beverages, including bottled water, milk and soda.
• Fresh fruit.
• Maximum of ten miscellaneous items.
Visitors with infants may be allowed the following items:
• Powdered or bottled formula in vendor-sealed containers.
• Baby food in vendor-sealed jars.

Medically Prescribed Diets
Visitors shall be allowed to bring medically prescribed food items to a family visit under the following conditions:
• The visitor shall provide a physician's statement to the family visiting coordinator, which includes a description of the diet, and describes why the diet must be continued during the visit.
• All food items must be vendor-sealed with recognizable labels. If an inmate is being supplied a nourishment bag and/or food supplements ordered by a physician or dentist, the inmate shall be provided with the prescribed dietary additions during the visit.


Funds for FVP Meals
Inmates shall submit a completed FVP menu form with a CDC Form 193, Trust Account Withdrawal Order, authorizing a charge to the inmate's trust account, to the family visiting coordinator at least three weeks prior to the visit. At least two weeks prior to the visit, a copy of CDC Form 193 shall be delivered to the trust office by the family visiting coordinator. If sufficient funds are not available in the inmate's trust account, the family visiting coordinator shall inform the inmate that the scheduled visit has been canceled. Funds sent to an inmate’s trust account specifically designated for family visit food item, and accompanied by a completed, signed CDC Form 1839, Exemption of Family Visit/Temporary Community Leave Funds From Restitution Fines/Orders, shall be exempt from restitution fines or orders.

Processing of Food Order
On the day of the visit, the family visiting coordinator shall facilitate the delivery of the food order to the visiting units at the commencement of the visit


Unclaimed Food Items
If a family visit is canceled due to institution operations after the purchase of a food order, the inmate may request reimbursement to their trust account for the amount of the food order. Reimbursement of trust account funds shall be limited to family visit cancellations due to institutional actions such as:
• Suspension of the FVP due to institution emergency.
• A disciplinary hearing finding of not guilty after a charge of misconduct which restricted family visiting privileges. Such reimbursement is subject to the provisions of Chapter 5, Article 42 54100, and applicable Board of Control rules. If the family visit is canceled due to the actions of the inmate, and the inmate has been charged for the food, the institution/shall allow person(s) designated by the inmate to claim the food within 72 hours of the cancellation. The final disposition of food, remaining unclaimed after 72 hours, shall be the responsibility of the institution.


54020.33.17 Family Visitor Medication
Medication shall be retained in a secure location by designated staff. Verification of the need to possess medication shall be provided by a physician's statement. Visitors may retain only life-sustaining, condition-stabilizing medication with the prescribing physician's written statement of its immediate need, and only in the physician's prescribed amount immediately required to sustain or stabilize the condition during the visit. Female visitors may retain their birth control pills. Other required medications shall be distributed to the visitor at prescribed times, by staff designated by the institution. Any unauthorized items may be secured in a visiting locker, and retrieved at the conclusion of the visit.


54020.33.18 Family Visiting Count Procedures
Inmates in the family visiting quarters shall present themselves for count in accordance with institutional procedures. A minimum of four counts per 24-hour period shall be conducted. Inmates who fail to present themselves for count are subject to disciplinary action, and termination of the family visit.


54020.33.19 Unscheduled Inspection/Search of Family Visiting Units
Every effort shall be made to ensure the privacy of the inmate, and their visitor(s). However, the safety of persons, and security of the institution, may require the inspection and/or search of a family visiting unit while a visit is in progress. The watch commander has the authority to order a search/inspection when the need arises. The watch commander and/or visiting supervisor shall be responsible to ensure that the search/inspection is conducted in a courteous and professional manner.


54020.33.20 Condition and Cleanliness of Family Visiting Units
Each inmate shall be responsible for the care and cleanliness of the family visiting unit during a visit. Before and after each family visit, the family visiting coordinator, and each inmate scheduled to visit, shall conduct a detailed inspection of their assigned unit to verify the unit's condition, cleanliness, and contents. A CDC Form 1069, Family Visiting Inventory, shall be completed by the family visiting coordinator. Each inmate shall be subject to disciplinary action, which may include suspension from participation in the FVP, for any willful damage of the unit and/or furnishings or for failure to maintain the cleanliness of the FVP unit. Inmates and/or visitors may be excluded from the FVP for willful damage of the family-visiting unit. Prior to each family visit, the inmate shall submit a completed CDC Form 193. Each family visiting unit shall be thoroughly cleaned by the occupants prior to the conclusion of each visit. Cleaning materials and equipment shall be provided by the institution.


54020.34 Appeals Related to Visiting
Visitors who wish to discuss visiting-related issues are encouraged to contact the visiting supervisor for resolution. Interviews shall be conducted or scheduled at the earliest opportunity. Visitors and/or inmates may register complaints/appeals regarding visiting through procedures contained in CCR section 3179 and Chapter 5, Article 42.


54020.35 Transfer of Visiting Records
The inmate’s visiting file shall be forwarded in accordance with DOM Chapter 7, Article 3, and Article 5.


54020.36 Revisions
The Deputy Director, Institutions Division, or designee, shall ensure that
this section is accurate and current. Eligibility for participation in the Family Visiting Program (FVP) is subject to the provisions of CCR Sections 3044 and 3177. Family visiting shall be restricted as necessary to maintain order, the safety of persons, the security of institution, and required prison activities If the CC-I finds that based on critieria, the inmate is inelgible; they shall annotate specific reasons for denial on the CDC Form 1046. If one or more of the above factors are present, and the CC-I can not readily make a determination for elgibility, a case conference with the CC-II and/or the Facility Captain shall be held to determine eligibility. If necessary, the case shall be referred to a classification committee for approval or disapproval.

Upon review and approval the CC-I shall complete a CDC Form 128 B, noting the approval and/or restrictions and forward a copy of it, to the family visiting coordinator. After the initial approval, all subsequent requests shall be submitted on a CDC Form 1046, Family Visiting Application, directly to the family visiting coordinator. Proof of marriage shall be established by the family visiting coordinator. A certified copy of the marriage certificate shall be presented to the coordinator prior to each visit. “Proxy” marriages are not legal in California. The bride, groom, and the officiant must be present at the same place at the same time (Telephone or Teleconferencing does not constitute presence). Family visits shall be scheduled with specified family members. Once an application is submitted, no changes, or substitutions of visitors, shall be permitted.

Last edited by RPinSD; 01-18-2006 at 01:42 PM..
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