Visitor Approval Process

Each Superintendent shall develop institution procedures to ensure a systematic approach to the requests and approval process of visitors. The Commissioner may authorize an additional system for the delivery of requests and visitor approval process through electronic means. It is the Department's policy not to restrict visiting to prescribed classes of persons such as incarcerated or civilly committed individuals' relatives or friends, or prior acquaintances. Each incarcerated or civilly committed individual shall be allowed a maximum of 20 preapproved adult visitors. Although minors do not require preapproval, the guidelines outlined in 103 CMR 483.10(10) must be met prior to the allowance of minor visitation. The preapproved visitors may consist of a combination of immediate family members and/or friends. This list may be revised upon an incarcerated or civilly committed individual's request four times per year. Requests for changes shall be submitted on the Incarcerated/Civilly Committed Individual Visitor Listing Form available at each institution's library, and attached as Attachment #3 to 103 CMR 483.00: Visiting Procedures at each institution. Requests for changes shall be submitted to the Director of Security for processing during the months of February, May, August, and November. The Superintendent, in their discretion, may permit incarcerated or civilly committed individuals to submit change requests at other times and shall permit submission of such change requests where a compelling need has been demonstrated. The Director of Security shall process change requests within 30 days of receiving the request. NOTE: If an incarcerated or civilly committed individual's immediate family exceeds 20 and the incarcerated or civilly committed individual only has immediate family on their list, then exceptions may be made to exceed this number, upon the written approval of the Superintendent. (1) The following restrictions on who may visit do apply: (a) By statute (M.G.L. c. 127, § 36), no person except the Governor, a Member of the Governor's Council, a Member of the General Court, a Justice of the Supreme Judicial, Superior or District Court, the Attorney General, a District Attorney, the Commissioner, a Deputy Commissioner of Correction, a Member of the Parole Board, or a Parole or Probation Officer may visit a state correctional institution without the permission of the Superintendent or the Commissioner. (b) By statute (M.G.L. c. 127, § 37) the Superintendent may refuse admission to a person who has permission to visit if, in the Superintendent's opinion, such admission would be injurious to the best interests of the institution. (c) Generally, no one may visit an incarcerated or civilly committed individual who is temporarily confined in an outside hospital (other than the Lemuel Shattuck Hospital Correctional Unit, which shall maintain its own visiting procedures). Incarcerated or civilly committed individuals who are admitted to an outside hospital and medically determined to be in critical condition or in imminent danger of death may be allowed to have visits if the Superintendent of the parent institution has provided written authorization, subject to the visiting policies and procedures of the outside hospital. (d) Incarcerated or civilly committed individuals who have been medically paroled, but remain in Department custody, shall be allowed to have visits unless there is a compelling safety, security, and/or clinical contraindication to the visit. (e) Except for the officials listed in 103 CMR 483.10(1)(a), and except as provided by 103 CMR 486.00: Attorney Access at Massachusetts Correctional Institutions, persons wishing to visit a correctional institution to provide services to incarcerated or civilly committed individuals or to examine or report on incarcerated or civilly committed individuals or conditions must obtain prior permission to visit. Unless a Department regulation (e.g., 103 CMR 131.00: News Media Relations; 485.00: Volunteers and Volunteer Programs; 486.00: Attorney Access at Massachusetts Correctional Institutions) establishes a particular procedure for obtaining permission, such visitors shall apply to the Superintendent. (f) Special Visits. Exceptions to the visiting schedule, duration of visits, the number of persons allowed to visit at one time, and/or other requests, may be considered under special circumstances (e.g., visitors who have traveled over 75 miles one way). Such requests must be submitted in writing to the Superintendent or a designee. Special visit approval shall be documented, in writing, and a copy shall be sent to the requesting visitor, the incarcerated or civilly committed individual, the visitor processing area and outer control. Consideration for a special visit shall be at the Superintendent's discretion. All visitors approved through such requests shall be subject to the preapproval process outlined in 103 CMR 483.10(1)(f) prior to entry into a Department institution. Upon commitment to a Department institution, an incarcerated or civilly committed individual shall be allowed to have two visitors and a reasonable number of visiting children pending the visitor pre approval process. Incarcerated or civilly committed individuals shall submit an Incarcerated/Civilly Committed Individual Visitor Listing within 30 days of admission to the Department. However, visitors who are added to any subsequent Incarcerated/Civilly Committed Individual Visitor Lists shall not be allowed to visit until approved. The two visitors allowed to visit pending the approval process shall become inactive after 40 business days if not properly approved through the application process. Incarcerated/Civilly Committed Individual Visitor Listing shall be provided to each incarcerated or civilly committed individual at orientation. Prospective visitors shall complete and return the forms with a copy of current photo identification to the institution's Director of Security by mail or by submitting through an electronic application process if one becomes available. Where required per 103 CMR 483.13(2)(b) or (9), the prospective visitor shall also include medical documentation. The Director of Security or their designee shall approve or deny completed applications within 20 business days and thereafter mail their decision to the applicant. (3) Prior to submitting the application to the Director of Security for final approval/disapproval, institution staff shall complete the following Criminal Justice Information System (CJIS) checks for potential visitors who submit a Visiting Application: (a) Board of Probation (BOP) report; (b) Warrant Management System (WMS) warrant check; (c) Wanted/Missing Person/Vehicle (QWA) warrant check (also known as NCIC). (4) Victim Notification Registry (VNR) checks of the potential visitor will be completed by the Victim Services Unit. (5) Upon receipt of a Visitor Application, the Director of Security shall review the application. An improper and/or incomplete application shall be returned to the individual submitting the application. The reason for the returned application shall be included as well as the need for resubmittal. After consulting with any necessary staff, the Director of Security shall make the final decision. The Superintendent shall designate a staff member to complete random subsequent checks at least quarterly. (6) If the application is approved or denied, the visitor's name and status shall be entered on the Incarcerated/Civilly Committed Individual Visitor Listing which shall be maintained at a central location as determined by the Superintendent. This location shall be accessible to staff processing visits. (7) The prospective visitor shall be notified in writing of an approval or, in the case of a denial, the reason(s) for a denial, through the Visitor Status Notification Form (available at www.mass.gov/doc, and at each institution's library, attached as Attachment #4 to 103 CMR 483.00) The prospective visitor may appeal a denial in writing to the Superintendent. The incarcerated or civilly committed individual shall be notified in writing whether the visitor has been approved or denied. (8) Reasons for denial may include, but are not limited to the following: (a) The prospective visitor poses a direct threat to the safety, security and/or orderly operation of the institution; (b) If the prospective visitor is a victim of the incarcerated or civilly committed individual or a family member of the victim, the guidelines outlined in 103 CMR 483.10(10)(f) shall be followed prior to rendering of a final decision; (c) The prospective visitor is discovered to have a previously disclosed felony conviction or is convicted of a new felony. However, the Superintendent has the discretion to approve a visitor based on the severity and date of previous felony convictions in accordance with 103 CMR 483.10; (d) The prospective visitor has previously introduced contraband into a correctional institution; (e) The prospective visitor is listed as an approved visitor on another incarcerated or civilly committed individual's visitation list within the Department, except where a prospective visitor requests to visit multiple immediate family members who are incarcerated; (f) The prospective visitor has active felony charges or warrants pending; (g) The prospective visitor provides false information on the visitation application; (h) The prospective visitor is currently barred from entering any Department institution; (i) The prospective visitor has an active restraining order (209A) against the incarcerated or civilly committed individual or the incarcerated or civilly committed individual has an active restraining order against the prospective visitor; (j) The prospective visitor has previously assisted an incarcerated or civilly committed individual in a violation of institutional rules and regulations (e.g., violations of mail regulations, financial transactions regulations, and/or telephone access regulations, such as facilitating three-way telephone calls). (9) If an incarcerated or civilly committed individual requests to delete a visitor from their visitor listing, the Incarcerated/Civilly Committed Individual Visitor Listing shall be completed and submitted to the Director of Security. A Visitor Status Notification shall be completed and a copy forwarded to both the visitor and incarcerated or civilly committed individual. (10) Approval of visitors shall be at the Superintendent or designee's discretion, in accordance with the following guidelines: (a) Children younger than 18 years old may visit without being on the incarcerated or civilly committed individual's approved visitor list, provided they are accompanied by a parent, legal guardian having physical custody and who is on the incarcerated or civilly committed individual's approved visiting list. Originals or copies of birth certificates or of official hospital records or other government-issued identification verifying the birth of the child, the date of birth of the child, and parent information, are required for children younger than 18 years old; (b) An adult who is not the parent or guardian having physical custody of the minor must submit a completed Minor Consent Form (available at www.mass.gov/doc, and at each institution's library, attached as Attachment #2 to 103 CMR 483.00). The adult shall also provide the Superintendent copies of the minor's birth certificate or of an official hospital record or other government-issued identification verifying the birth of the child, the date of birth of the child, and parent information and obtain the Superintendent's approval prior to visiting with the minor. Minor Consent Forms shall not need to be resubmitted upon the incarcerated individuals transfer to another Department institution; (c) Adults entering with a minor shall have the minor's original or a copy of the minor's birth certificate or an official hospital record or other government-issued identification verifying the birth of the child, the date of birth of the child, and parent information, and if the adult is not the parent or guardian, a copy of the approved Minor Consent Form with them each time they visit. An incarcerated or civilly committed individual may sign the Minor Consent Form if they are noted as the parent on the child's birth certificate; (d) Members of the clergy, as authorized by the Chaplain or Superintendent, need not be placed on the Approved Visitors List; (e) Attorneys, law students, paralegals and/or private investigators need not be placed on the Approved Visitors List; (f) If the prospective visitor has been approved or denied, the name shall be entered on the incarcerated or civilly committed individual's visitor listing. If the prospective visitor is the victim, family member of a victim, or registered to receive notification concerning an incarcerated or civilly committed individual currently incarcerated, the Victim Services Unit shall be informed to provide additional information and guidance on the proper course of action. The Superintendent or designee shall make the final decision when a prospective visitor is initially denied. (11) The following shall apply for persons with past criminal felony convictions: (a) A visitor who is paroled or otherwise released from Department custody must obtain the permission of the Superintendent before visiting an incarcerated or civilly committed individual who is still confined. (b) Incarcerated or civilly committed individual family members recently released from a correctional institution may not be considered for visitation approval for six months following release from incarceration; (c) Other visitor applicants with prior incarcerations who are not immediate family members may apply for visitation one year after release from confinement; (d) The Superintendent or designee may deny the visitation applications of anyone with felony convictions if it is believed that the security of the institution or safety of individuals could be jeopardized. (12) The following shall also apply to current/former employees, contract staff, interns, and volunteers: (a) Current or former employees of the Department, of contract agencies, and former Department interns shall not be approved to visit an incarcerated or civilly committed individual unless they are immediate family members of the incarcerated or civilly committed individual or if they left their service to the Department in good standing. In such cases, the Superintendent, in their discretion, may grant approval. If further extenuating circumstances exist, a request may be submitted in writing to the Superintendent; (b) If the prospective visitor's separation from the Department was due to a violation of Department policy or state law, whether or not prosecution occurred, visitation requests shall not be considered for at least a minimum period of one year, depending on the severity of the violation; (c) Prospective visitors who are or have been volunteers may be considered for visitation approval upon written authorization from the Superintendent. (13) Visitors may not be placed on more than one incarcerated or civilly committed individual's visiting list at the same institution or visit an incarcerated or civilly committed individual at another institution unless the incarcerated or civilly committed individual(s) are immediate family members of the visitor. All other visitors must submit a request, in writing. The Superintendent may approve or deny the request in writing based on the safety, security, and /or order of the institution. (14) No child who was a victim of the incarcerated or civilly committed individual's offense shall be authorized to visit without the authorization of the Commissioner or a designee. (15) All copies of visitor applications shall be maintained in the institutional visitation file or electronically, clearly marked "approved" or "denied" with the signature of the Superintendent or a designee in accordance with the Massachusetts State wide Record Retention Schedule. (16) Each institution shall maintain an electronic record of the names of all visitors admitted to the institution to visit incarcerated or civilly committed individuals through the Department's electronic information system .