Kansas Administrative Regulations › Agency 123 - JUVENILE JUSTICE AUTHORITY › Article 5 - OFFENDER MANAGEMENT › Section 123-5-505 - Offender visitation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Facility orders
			 shall be promulgated to govern offender 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 commissioner or designee, particularly with respect to
			 establishing a system of identifying a primary visitor for each offender. The
			 following procedures shall be observed by the staff in the administration of
			 visits.
(1) A suitable area and reasonable
			 space within the facility shall be provided for offender visitation. All visits
			 shall be held in the area provided, except when the superintendent or designee
			 grants authority for a visit to be conducted elsewhere. For reasons of security
			 and order in the facility, a visit may be allowed by the superintendent or
			 designee with the stipulation that physical contact between the offender and
			 visitor shall not be permitted. All visits, except those provided for in
			 subsection (b), shall be subject to visual and sound monitoring of actions and
			 conversations during the visit.
(2) Any offender may make a list of not more
			 than 20 friends or relatives for the purpose of visiting the offender in the
			 facility. Each proposed visitor shall be informed of the following
			 requirements:
(A) No person under the age of
			 18, who shall be referred to as a "minor child," shall be allowed to visit,
			 unless the minor child is a member of the offender's immediate family. For the
			 purpose of this subsection, "immediate family" shall mean siblings,
			 stepsiblings, children, stepchildren, and spouse.
(B) No minor child who is a member of the
			 offender's immediate family, except the spouse, shall be allowed to visit
			 unless the minor child is accompanied by a parent, legal guardian, or an adult
			 having a power of attorney from the minor child's parent or legal guardian
			 vesting the person accompanying the minor child with authority to transport and
			 supervise the minor child on the premises of the facility for the purpose of
			 visiting the offender.
(3)
(A)
			 Notwithstanding any visiting list restrictions, an offender's attorney or a
			 clergy member shall be permitted to visit the offender at reasonable times,
			 unless a clear abuse of this privilege has occurred or unless there is reason
			 to believe that such a visit could prove dangerous or harmful to the security
			 and order of the facility or to the rehabilitation of any offender.
(B) If an individual requests to visit an
			 offender but is not listed on the offender's visitor list or if an individual
			 is listed but has not yet been approved for visitation, the individual shall be
			 interviewed and identified by authorized personnel. If the requested visit
			 conforms to all facility and agency requirements, a one-time visit may be
			 approved pending further investigation and approval of subsequent visits.
(C) No person who has been
			 convicted of any felony or a narcotic offense shall be permitted to visit any
			 offender, unless prior, written approval is given by the superintendent or
			 designee.
(D) Each offender's
			 refusal to see a particular visitor shall be documented in the offender's
			 facility record.
(4)
			 Each visitor in the facility shall meet the following requirements:
(A) Wear appropriate attire as described and
			 published by the superintendent;
(B) not exchange any written material,
			 article, or merchandise of any sort with the offender, unless doing so is in
			 accordance with regulations, internal management policies and procedures, and
			 facility orders;
(C) be on the
			 approved visitor list of only one offender in the same facility, unless that
			 visitor meets one of the following requirements:
(i) Is a member of the immediate family, as
			 defined in paragraph(a)(2) of this regulation, of more than one offender in the
			 facility; or
(ii) is an approved
			 mentor, pursuant to a mentoring program approved by the commissioner or
			 designee, to the offenders on whose list the visitor appears;
(D) sign the facility's register
			 before and after each visitation;
(E) be subject to search, photographing, and
			 fingerprinting;
(F) have
			 visitation restricted or terminated if the facility's security needs so
			 warrant; and
(G) not distribute
			 anything inside the facility without prior, written permission from the
			 superintendent or designee.
(5) No person who formerly was a juvenile
			 justice authority employee, who formerly worked at a facility as an employee of
			 an entity under contract to provide services to the facility, or who formerly
			 was a volunteer at a facility shall be permitted to visit an offender except
			 under either of the following conditions:
(A)
			 At least one year has passed since the person's employment or volunteer status
			 was terminated, unless the individual is related by blood or marriage to the
			 offender. If the individual has a blood or marital relationship with the
			 offender, the former employee, former contract employee, or former volunteer
			 may nonetheless be subject to the minimum two-year waiting period under the
			 requirements specified in paragraph (a)(5)(B). Approval of visits after one
			 year shall be at the discretion of the superintendent upon written request of
			 the offender or former employee, former contract employee, or former volunteer.
			 If the superintendent disapproves the visits, the offender and the
			 former-employee, former contract employee, or former volunteer shall be
			 notified by the superintendent of the specific reasons for the denial.
(B) If barred from a facility
			 because of undue familiarity with an offender or for trafficking in contraband,
			 whether or not convicted of any criminal offense in connection with the
			 instance of undue familiarity or trafficking, the person shall not be permitted
			 to have visits with any offender for a minimum of two years after the effective
			 date of the order barring the person from any facility. The approval of visits
			 after two years shall be given at the discretion of the superintendent and with
			 the approval of the deputy commissioner of operations, upon written request of
			 the offender or the former employee, former contract employee, or former
			 volunteer.
(6) Any
			 individual who is currently a juvenile justice authority employee, contract
			 employee, or volunteer and who is related by blood or marriage to an offender
			 may be permitted to visit the offender, at the discretion of the commissioner
			 or designee and with the recommendation of the superintendent of the facility
			 where the offender is assigned.
(7) Designated personnel shall be present
			 during all visitations and shall supervise visits to the extent that is
			 appropriate to protect the nature and privacy of the relationship between the
			 offender and visitor and to maintain security and control.
(8) Any visitor's visiting privileges may be
			 suspended if the visitor violates any regulation, internal management policy
			 and procedure, or facility order pertaining to visitation. An offender's
			 visiting privileges may be suspended if the offender is convicted of a
			 disciplinary violation, whether or not the offender's conviction relates to the
			 violation of a regulation, internal management policy and procedure, or
			 facility order pertaining to visitation.
(A)
			 The length of any suspension of visiting privileges shall be determined by the
			 superintendent or designee, subject to the limitations specified in paragraph
			 (a)(8)(B).
(B) The initial length
			 of a suspension of visiting privileges imposed for violation of a facility
			 order shall not exceed one year. At its termination, the suspension shall be
			 subject to review by the superintendent or designee and may be extended for
			 successive periods of six months each. Each extension of a suspension shall be
			 reviewed by the superintendent or designee at its termination.
(9) Any visitor's visiting
			 privileges may be permanently suspended, and the visitor may be barred from
			 entering on the grounds of any facility if all of the following conditions are
			 met:
(A) Some credible evidence demonstrates
			 that the visitor has committed or attempted to commit, conspired regarding, or
			 solicited any of the following types of misconduct:
(i) Facilitating an escape;
(ii) assaulting or battering a juvenile
			 justice authority employee, contract employee, or volunteer;
(iii) communicating a threat proscribed by
			 K.S.A. 21-3419, and amendments thereto, to a juvenile justice authority
			 employee, contract employee, or volunteer;
(iv) engaging in sexual intercourse, sodomy,
			 or lewd fondling and touching with an offender while on the grounds of a
			 correctional facility, whether or not the sexual contact at issue was
			 consensual; or
(v) violating
			 K.S.A. 21-3826, and amendments thereto.
(B) The permanent suspension of visiting
			 privileges and banning of the person from entering the grounds are recommended
			 by the superintendent of the affected facility.
(C) The permanent suspension of visiting
			 privileges and banning of the person from entering the grounds are approved by
			 the deputy commissioner of operations.
(10) Upon a determination of reasonable
			 suspicion, any person, including a visitor, shall be subject to search before
			 entering and while remaining on the grounds of a correctional facility. A
			 person's visiting privileges 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 offender.