This is taken from the DOC Procedure. Attached is the original document, the form needed, and a copy of the approval letter.
To establish procedures for approving and effecting inmate marriage requests.
53.1-25, Code of Virginia
Title 20, Code of Virginia
859-3.0 EFFECTIVE DATE: February 1, 1994
Inmate marriages may be permitted except where a violation of state law or a demonstrable state interest is found to deny such marriage. The Warden/Superintendent should explain to the inmate in writing reasons for any denial. Such denial is grievable under the inmate grievance procedure.
The establishment of family ties is viewed as a positive approach in developing the necessary social support systems to enhance an inmate's ability to live in society. The legal union of an inmate with an intended spouse while incarcerated may contribute to this objective. However, such unions should be based on the desire to be committed to one another and to build and strengthen a marital bond.
This Operating Procedure applies to the processing of marriage requests by inmates confined at institutions and field units of the Division of Institutions.
859-7.0 Request to marry: An inmate confined who desires to marry while in custody, prior to parole or mandatory release, must submit t a written request to the Warden/Superintendent through the assigned institutional Counselor.
A staff member should be assigned to assist the inmate in preparing the marriage request. The inmate must fill out and sign the marriage request form, (Attachment 1), and forward it to the Warden/Superintendent through the counselor. The request form should contain the following information:
1. Name and number of inmate requesting to be married.
2. Name, address, and phone number of the intended spouse.
3. Names and addresses of any guests requested to attend the ceremony (maximum of 6 guests permitted).
4. A signed statement authorizing the review by the intended spouse of all information contained in the inmate's Institutional Criminal and medical records. No copy of Institutional Criminal Record information shall be provided to spouse. Release of copies of medical records should be handled in accordance with Division Operating Procedure 003.
5. The requested date and time for the ceremony. The date should be a minimum of 30 days from the date the request is submitted for approval.
6. The name and address of the chaplain or other official authorized by the Code of Virginia who will be conducting the ceremony. The official performing the ceremony may be the institutional O1aplain or a person chosen by the inmate and his intended spouse who is authorized by Virginia law to conduct the ceremony. The inmate shall be responsible for contacting the institutional chaplain through a request form. If an outside official is requested, it is the responsibility of the inmate or intended spouse to make the necessary arrangements. The inmate shall then notify the Counselor of the official's name and address.
859-7.1 Expenses: All financial obligations/expenses associated with the marriage, e.g., license fee, outside chaplain fee (if one is chosen), etc., must be paid for by the inmate or other private means. No state funds will be used).
859-7.2 Approval: Within ten days upon receipt of the marriage request, the Warden/ Superintendent may approve or disapprove the request. If the request is approved, a decision will be made that sets the date and time the marriage will be permitted, taking into consideration the date and time requested by the inmate. The Warden/Superintendent may, in his sole discretion, deny use of a particular outside official for reasons of security. The Warden/Superintendent will then forward the answered request to the appropriate counselor.
859-7.3 Notification: Once the counselor receives the approved request from the Warden/Superintendent, the inmate will be notified. The intended spouse will also be notified by the counselor of the marriage date and time, and of his/her right to review the inmate's record at the facility. The Counselor will also inform the intended spouse that a counseling session may be arranged with the counselor or the institutional chaplain prior to the marriage ceremony (Attachment 2).
859-7.4 Marriage License: The inmate's intended spouse shall be responsible for obtaining the marriage license.
1. The intended spouse will appear at the jurisdictional court to provide information for the license and pay the required fees.
2. The inmate will provide information to the Counselor/Chaplain for referral to the jurisdictional court, including prior marriages and documentation of divorce decrees as applicable.
3. The license will be presented at the facility for receipt of a notarized signature of the inmate, verifying the information contained in the license.
4. Inmates should not be transported to the jurisdictional court to provide a signature for the license.
859-7.5 Location: All inmate marriages will be conducted at the facility were the inmate is incarcerated. The marriage will take place in the Visiting Room or other area designated by the Warden/Superintendent.
859-7.6 Witnesses and guests should not exceed six in number, excluding the official performing the ceremony. The inmate requesting to be married may request that an inmate(s) at the facility be allowed to attend the ceremony. Attendance by other inmates may be approved by the Warden/Superintendent. The inmate(s) attending, however, shall be included in the six allowed guests. Established visitor's rules and regulations shall be followed.
859-7.7 Visitation:With prior approval from the Warden/Superintendent following the ceremony, supervised visitation ITBY be allowed between the inmate, his spouse, and guests. Sufficient corrections officers will be present at all times during the ceremony and visitation period to maintain security.
859-7.8 Items Permitted: The following items ITBY be allowed for the marriage ceremony, provided approval is obtained in advance:
1. One camera (unloaded).
2. Unopened box of film (one).
4. No food, beverages or other items may be brought in. Any refreshments must be purchased through the inmate commissary.
All incoming items will be searched by security personnel before being permitted into the institution.
859-7.9 Records: The official performing the ceremony will normally be responsible for having the marriage recorded with the Clerk of the Court of the jurisdiction in which the marriage was performed. In addition, the counselor or other designated staff should ensure that a copy of the signed marriage license is forwarded to the Institutional Records Office and the Classification and Records Unit for inclusion in the inmate's Central and Institutional Criminal Records.
859-7.10 Inmate marriages within the facility shall not result in the granting of any special privileges for the consummation of the marriage, following the ceremony or thereafter.
859-7.11 There are no provisions in this operating procedure for marriages in which both intended spouses are incarcerated or for which the intended spouse cannot appear at the facility at which the inmate is incarcerated for the ceremony.
859-8.0 OFFICE OF PRIMARY RESPONSIBILITY.
The Warden/Superintendent shall hold primary responsibility for ensuring compliance with the provisions of this Operating Procedure.
This procedure supersedes Division Guideline 859 dated April 23, 1990.
Division Operating Procedure 803.
859-11.0 REVIEW DATE.
This Division Operating Procedure should be reviewed and revised in accordance with the provisions of Division Operating Procedure 1.
Last edited by dwfighterva; 03-13-2007 at 07:21 AM..
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Visitors Name & Address
I request one (1) hour visitation with spouse and visitor(s) after the ceremony
The ceremony will be conducted by:
I request the following items:
[ ] Rings
[ ] One (1) unopened box of film
[ ] Camera
Have you been married before? Yes No
Has your intended spouse been married before? � Yes No
If yes to one or both questions, documented divorce decree(s) must be provided. I authorize release of any information in my criminal and medical records to my intended spouse for his/her review. I understand that a designated employee will review my records with my intended spouse and I authorize release of any information in my criminal and medical records to the designated employee.
Staff Witnesses Signature
Institutional Chaplain's Review
� I approve the request for the following date/time � I disapprove the request due to
Last edited by dwfighterva; 01-15-2007 at 10:02 PM..
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Please be advised that your request to marry has been approved for . If you so desire, and upon your request, the Counselor will review with you the record of your intended spouse and/or the requirements for the ceremony at this facility. Also, a premarital counseling session can be arranged.
Due to your intended spouse being incarcerated, certain steps leading to this marriage will have to be completed by you:
You will be responsible for securing the marriage license and presenting it at the facility for the signature of your intended spouse before a notary. This license is only valid for sixty days after issuance from the Clerk of Court.
Should you desire an appointment for the above, or should you have any questions, please contact me.
Counselor, Treatment Department
cc: Inst. Criminal Record
Last edited by dwfighterva; 01-15-2007 at 10:03 PM..
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