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 - Denial, Restriction, Suspension, Termination or Revocation of Visits and Exclusion of a Person

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms "approve," "disapprove" "deny," "restrict,"
						"suspend," "terminate," "revoke," and "reinstate" as used in this article apply to
						actions which may be taken by the institution head or designee for the
						administration of visiting. The director or institution head may, for cause, exclude
						a person from entering institutions/facilities of the Department. All such actions
						are subject to the provisions set forth in this article.
(a) The official in charge of visiting may deny an
					 approved visitor access to an institution or facility, terminate, or restrict a
					 visit in progress for the following reasons:
(1)
					 The visitor appears to be under the influence of alcohol, drugs or other substance
					 to the extent that his or her presence in the institution/facility would pose an
					 undue threat to his or her safety or the safety of others, or to the security of the
					 institution/facility.
(2) The visitor
					 does not provide the identification and/or documentation required as set forth in
					 these regulations.
(3) The visitor
					 refuses to submit to a search or inspection of their person, property, or vehicles
					 brought onto the institution or facility grounds.
(A) Visitors who refuse to submit to an unclothed
					 body search, where reasonable suspicion exists, shall have their visiting privileges
					 denied for that day. Future visits may be conditioned upon the visitor's willingness
					 to submit to an unclothed body search prior to being allowed to visit. Such searches
					 may be repeated on subsequent visits for as long as institution or facility
					 officials have reasonable suspicion to believe the visitor may be attempting to
					 introduce contraband, unauthorized substances or items into the institution or
					 facility.
(B) The willingness or
					 unwillingness of the visitor to submit to a search shall not affect conditions or
					 restrictions placed on an inmate's visiting privileges by a disciplinary or
					 classification committee unless the inmate is found in a subsequent disciplinary
					 hearing to have been a conspirator to smuggle contraband into or out of the
					 institution/facility.
(4)
					 Conduct in violation of institution/facility procedures, including excessive
					 physical contact, refusal to follow staff instructions, disruption of the
					 visiting/processing area, destruction/alteration of visiting documents, or any other
					 behavior that would constitute a misdemeanor or felony or repetition of less serious
					 violations and disregard for a warning about such violations.
(5) The visitor is not appropriately
					 dressed.
(6) The visitor is under 18
					 years of age and the conditions prescribed in section
					 3173(b) have not been
					 met.
(7) The visitor has a medically
					 implanted or prosthetic device, cannot clear the contraband or metal detection
					 devices, and does not provide the written verification required in section
					 3173.2(d).
(8) 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
					 3173.2(e), or refuses
					 to temporarily transfer to a designated institution/facility wheelchair while the
					 visitor's personal wheelchair is being inspected.
(9) The maximum capacity of the visiting area has
					 been reached and to allow others to visit it is necessary to terminate the visits of
					 those persons who have been visiting for the longest period of time. Exceptions
					 shall include, but are not limited to the following:
(A) Excessive Distance: The visitor has traveled a
					 distance of 250 miles or more, and has not visited within the last 30 days. This
					 exception applies to two consecutive days of visiting.
(B) Weddings: When an inmate and the visitor's
					 marriage ceremony occurred on that day.
(C) Disabled: A disabled visitor who must rely on
					 special transportation to the institution/facility.
(D) Family Emergencies: When death, serious
					 illness or injury occurs to an inmate's immediate family as defined in Section
					 3000. Clergy or approved visitors may
					 visit the inmate to offer condolences or inform the inmate of the
					 occurrence.
(E) Infrequent Visits: When
					 the visitor has not visited the inmate in the last six months.
(10) When the overcrowding situation persists,
					 visits of those remaining will be terminated as necessary.