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 3177 - Family Visiting (Overnight)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Institution heads shall maintain family visiting policies and
						procedures. Family visits are extended overnight visits, provided for eligible
						inmates and their immediate family members as defined in Section
						3000, commensurate with institution
						security, space availability, and pursuant to these regulations. Each institution
						shall provide all necessary accommodations, except for food, at no cost to the
						inmates and their visitors. Institutions shall require eligible inmates to purchase
						all food for the family visit through the institution family visiting coordinator.
						Each institution family visiting menu shall provide a balanced variety of
						nutritional selections. At all CDCR conservation camps, the visitors shall be
						required to bring all food for the visit.
Only those immediate family members as defined in Section
						3000, including registered domestic
						partners, are authorized for family visits.
(a) When a bonafide and verified foster
					 relationship exists between an inmate and another person, by virtue of being raised
					 in the same foster family, the person may be approved for family visiting with the
					 prior approval of the institution head or designee.
(b) Family visiting is a privilege. Eligibility
					 for family visiting shall be limited by the assignment of the inmate to a qualifying
					 work/training incentive group as outlined in section
					 3044.
(1) Family visits shall not be permitted for
					 inmates convicted of a violent offense where the victim is a minor or family member
					 or any sex offense, which includes but is not limited to the following Penal Code
					 sections: 187 (when the victim is a family member as defined in Section
					 3000 or minor); 192 (when the victim is
					 a family member or minor); 243.4; 261; 261.5, 262; 264.1; 266c; 266j; 273a; 273d;
					 273.5; 273.6; 285; 286; 288; 287; 288.2; 288.5; 289; 289.5; 311.1; 311.2; 311.3;
					 311.4; 313.1; 314; or 647.6, unless otherwise eligible pursuant to subsection
					 (b)(1)(B) or (C) of this section.
(A) Inmates may
					 be prohibited from family visiting where substantial documented evidence or
					 information of the misconduct described in section
					 3177(b)(1) exists,
					 without a criminal conviction. The evidence or information appropriate for the
					 purpose of this regulation shall include rule violation reports as well as the
					 standard described in section
					 3173.1.
(B) Inmates convicted as a minor of a violent
					 offense where the victim was a minor or family member, excluding any sex offense,
					 shall have eligibility for family visiting determined by a classification committee
					 provided the inmate has demonstrated sustained, positive behavior to include: no
					 serious rules violation reports in the last five years and documented participation
					 in self-help groups, e.g., Anger Management, Narcotics Anonymous, Alcoholics
					 Anonymous. The classification committee shall consider the circumstances of the
					 offense involving a minor or family victim in determining whether the inmate poses a
					 threat of harm to visitors during a family visit. In making its determination, the
					 classification committee shall consider, but is not limited to, arrest reports,
					 probation officer reports, court transcripts, parole revocation
					 transcripts.
(C) Inmates convicted of a
					 violent offense where the victim was a minor or a family member, excluding any sex
					 offense, may be eligible for family visiting as determined by a classification
					 committee providing the inmate has demonstrated sustained, positive behavior to
					 include: no serious rules violation reports in the last ten years and documented
					 participation in self-help groups, e.g., Anger Management, Narcotics Anonymous,
					 Alcoholics Anonymous. The classification committee shall consider the circumstances
					 of the offense involving a minor or family victim in determining whether the inmate
					 poses a threat of harm to visitors during a family visit. In making its
					 determination, the classification committee shall consider, but is not limited to,
					 arrest reports, probation officer reports, court transcripts, parole revocation
					 transcripts.
(D) Family visiting shall
					 be restricted as necessary to maintain order, the safety of persons, the security of
					 the institution/facility, and required prison activities and operations, pursuant to
					 section 3170.