California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 2 - Inmate Resources › Article 7 - Visiting › Section 3176.1 - Visitor Violation Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person seeking entry into an institution/facility for the
						purpose of visiting an inmate shall be subject to all applicable laws, rules and
						regulations. Any person violating a law, rule or regulation while visiting shall be
						subject to warning, termination, suspension, and/or revocation as described
						below:
(a) Warning. Visitors may be
					 verbally warned about violations of applicable law, rules, regulations or of local
					 procedures governing visits. When a verbal warning achieves corrective action, a
					 written report of the misconduct or warning is not necessary.
(b) Termination. When verbal warnings and/or
					 restrictions fail to achieve compliance, or fail to deter conduct by a visitor that
					 if committed by an inmate would constitute a serious rules violation, the visit
					 shall be terminated and documented in writing.
(c) Suspension up to six months. For serious or
					 repeated violations of the rules, regulations, or procedures, and/or upon belief of
					 the visitor's involvement in a criminal act and pending the outcome of an
					 investigation, the official in charge of visiting may impose a suspension of the
					 visitor's access to the visiting program for up to 6 months. The length of
					 suspension shall be commensurate with the seriousness of the violation.
(d) Suspension up to 12 months. The institution
					 head or designee may impose a suspension of visiting for up to 12 months when a
					 visitor is involved in criminal activity on institution/facility property which
					 constitutes a misdemeanor.
(e)
					 Suspension up to 24 months. The director or designee may impose a suspension of
					 visiting privileges up to 24 months when a visitor is involved in criminal activity
					 on institution/facility property that constitutes a felony.
(f) Revocation. Subsequent discovery of
					 information that would have resulted in disapproval or disqualifying conduct are
					 grounds for revocation of the previously granted permission to visit an
					 inmate.
(g) The visitor and the inmate
					 shall be notified in writing of all formal warnings, terminations, suspensions and
					 revocations. The notice shall clearly state the reason for the action and length of
					 time any sanction will apply. The notification shall also include the signature of
					 the official taking the action and advise the visitor of the right to appeal in
					 accordance with section
					 3179. The notification shall be
					 provided to the visitor at the time of the action or mailed to the visitor's last
					 known address within five working days of the action.
1. New section
						filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.