Kansas Administrative Regulations › Agency 44 - DEPARTMENT OF CORRECTIONS › Article 7 - PROGRAMS AND ACTIVITIES › Section 44-7-104 - Inmate visitation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Orders shall
			 be promulgated by the warden to govern inmate communication with family,
			 friends, relatives, and others through visits to the facility. Further
			 elaboration of this regulation through the internal management policies and
			 procedures shall be made by the secretary, particularly with respect to
			 establishing a system of identifying a primary visitor for each inmate. The
			 following procedures shall be observed by the facility in the administration of
			 visits.
(1) A suitable area and reasonable
			 space within the facility shall be provided for inmate visitation. All visits
			 shall be held in this area, except when authorization is granted by the warden
			 to visit an inmate elsewhere. For the reasons of security and order in the
			 facility, a visit may be directed by the warden to be allowed under
			 circumstances in which physical contact between the inmate and visitor is not
			 permitted. All visits shall be subject to visual and sound monitoring of
			 conversations and actions during the visit, except any visit with an attorney
			 or clergy member, or any other visits with persons having a statutory right of
			 privileged communication as specified in subsection (b).
(2) Any inmate may make a list of not more
			 than 20 friends or relatives for the purpose of visiting the inmate in the
			 facility. All proposed visitors shall be informed of the following
			 requirements:
(A) Persons below the age of 18
			 shall not be allowed to visit, unless they are members of the inmate's
			 immediate family. For the purpose of this subsection, "immediate family" shall
			 mean siblings, stepsiblings, children, stepchildren, grandchildren,
			 stepgrandchildren, and spouse; and
(B) Persons below the age of 18 who are
			 members of the immediate family, except a spouse, shall not be allowed to visit
			 unless they are accompanied by a parent, legal guardian, or an adult who has
			 been given the power of attorney by the parent or legal guardian vesting the
			 person with authority to transport and supervise the minor child on the
			 premises of the institution or facility for the purpose of visiting an inmate.
			 In those instances in which no one has a power of attorney, an adult who is a
			 temporary caregiver of a minor child may authorize visits by the child after
			 providing an affidavit verifying the adult's status and relationship with the
			 child and inmate. Whether or not the visit will be permitted shall be
			 determined by the warden.
(3) Additional visitation guidelines.
(A) Regardless of any visiting list
			 restrictions, an inmate's attorney or a clergy member shall be permitted to
			 visit the inmate at reasonable times, unless a clear abuse of this privilege
			 has occurred or unless such a visit may prove dangerous or harmful to the
			 security and order of the facility or the rehabilitation of any inmate.
(B) Each individual who is
			 requesting a visit with an inmate but who is not designated on the list or has
			 not yet been approved for visitation shall be interviewed and identified by
			 authorized personnel. If the requested visit conforms to all facility and
			 departmental requirements, one visit may be approved pending further
			 investigation and approval of subsequent visits.
(C) Ex-inmates shall be prohibited from
			 visiting any facility or inmate, unless approval is given by the warden.
			 Parolees and probationers shall first be approved by the warden and have
			 written authorization from their supervisor before visitation. An individual
			 involved in or convicted of any narcotic offense shall not be permitted to
			 visit a facility without the prior approval of the warden.
(D) If an inmate refuses to see a particular
			 visitor, the refusal shall be documented in the records of the facility.
(4) Visitors in the
			 facility shall meet the following requirements:
(A) Wear appropriate attire as described and
			 published by the warden;
(B) not
			 give or receive any written material, article, or merchandise of any sort,
			 except in accordance with the warden's orders or departmental regulations or
			 with the permission of the warden;
(C) be prohibited from placement on more than
			 one inmate's visiting list, unless the visitor is a member of the immediate
			 family, as defined in K.A.R. 44-5-113(a), of more than one inmate confined in a
			 facility or unless the visitor is an approved mentor to an offender, without
			 limit on number, pursuant to a mentoring program approved by the department of
			 corrections;
(D) sign the register
			 of the facility before and after each visitation;
(E) be subject to search, photographing, and
			 fingerprinting;
(F) have
			 visitation restricted or terminated if the facility security needs so warrant;
			 and
(G) not distribute anything
			 inside a correctional facility without written permission from the warden.
(5) Each individual who
			 was an employee of a correctional facility, who regularly worked at a
			 correctional facility as an employee of an entity under contract to provide
			 services to the institution or facility, or who was a volunteer at a
			 correctional facility shall meet the following conditions:
(A) Not be permitted to have visits with an
			 inmate, in other than a professional capacity, for a minimum of two years after
			 the employment or volunteer status is terminated, unless the individual is
			 related by blood or marriage to the inmate. If the individual has a blood or
			 marital relationship with an inmate, the ex-employee, ex-contract employee, or
			 ex-volunteer may nonetheless be subject to the minimum two-year waiting period
			 under the circumstance set forth in paragraph (a)(5)(B). Approval of visits
			 after two years shall be at the discretion of the warden upon application of
			 the inmate or ex-employee, ex-contract employee, or ex-volunteer. If the warden
			 disapproves the visits, the inmate and ex-employee, ex-contract employee, or
			 ex-volunteer shall be notified by the warden of the specific reasons for the
			 denial; or
(B) if barred from a
			 facility because of undue familiarity with an inmate or for trafficking in
			 contraband, whether or not convicted of any criminal offense in connection with
			 the instance of undue familiarity or trafficking, not be permitted to have
			 visits with any inmate for a minimum of two years after the effective date of
			 the order barring the individual from any facility. The approval of visits
			 after two years shall be given at the discretion of the warden and with the
			 approval of the deputy secretary of facilities management, upon application of
			 an inmate or the ex-employee, ex-contract employee, or ex-volunteer.
(6) An individual who is currently
			 an employee, contract employee, or volunteer and who is related by blood or
			 marriage to an inmate may be permitted to visit the inmate, at the discretion
			 of the warden of the facility where the individual is employed or volunteers
			 and with the approval of the warden of the facility where the inmate is
			 assigned.
(7) Designated personnel
			 shall be present during all visitations and shall supervise visits to the
			 extent appropriate to protect the nature and privacy of the relationship
			 between the inmate and visitor and to maintain security and control.
(8) Any visitor's visiting privileges may be
			 suspended if the visitor violates any visitation policy and procedure or any
			 visitation order while in the facility. An inmate's visiting privileges may
			 likewise be suspended, whether or not the inmate is convicted of violation of
			 any disciplinary regulation in connection with violation of any visitation
			 policy and procedure or any visitation order.
(A) The length of any suspension shall be
			 determined by the warden, subject to the limitations specified in paragraph
			 (a)(8)(B).
(B) The initial length
			 of a suspension imposed for violation of an institutional rule shall not exceed
			 one year. At its termination, the suspension shall be subject to review by the
			 warden and may be extended for successive periods of no more than one year
			 each. Each extension of a suspension shall be reviewed by the warden at its
			 termination.
(9) Any
			 person may be permanently barred from entering on the grounds of any KDOC
			 facility if the permanent suspension of visiting privileges meets all of the
			 following conditions:
(A) Some credible
			 evidence demonstrates that the person has committed, attempted, conspired
			 regarding, or solicited any of the following types of misconduct:
(i) Facilitation of escape;
(ii) assault of an employee, contract
			 employee, or volunteer;
(iii)
			 communication of a threat proscribed by K.S.A. 21-3419, and amendments thereto,
			 to an employee, contract employee, or volunteer;
(iv) engaging in sexual intercourse, sodomy,
			 or lewd fondling and touching with an inmate while on the grounds of a
			 correctional facility, whether or not the sexual contact at issue was
			 consensual; or
(v) violation of
			 K.S.A. 21-3826, and amendments thereto.
(B) The permanent suspension of the person's
			 entry and visitation privileges is recommended by the warden of the affected
			 facility.
(C) The permanent
			 suspension of the person's entry and visitation privileges is approved by the
			 deputy secretary of facilities management.
(10) Each person, including any visitor,
			 shall be subject to search, including a strip search upon a determination of
			 reasonable suspicion, before entering on the grounds of a correctional
			 facility. A person's visiting privilege shall be suspended for a period of one
			 year and restricted to noncontact visiting for an additional six months, if the
			 person refuses to be searched before or after gaining access to facility
			 grounds for the purpose of visiting an inmate.