240-RICR-20-00-1
240-RICR-20-00-1. Visits (version Amendment, 08/08/2016 to 08/28/2018)
RHODE ISLAND DEPARTMENT OF CORRECTIONS
POLICY AND PROCEDURE
POLICY NUMBER:
24.03-5 DOC
EFFECTIVE DATE:
8/8/2016
PAGE 1 OF 27
SUPERCEDES:
24.03-4 DOC
DIRECTOR:
Please use BLUE ink.
SECTION:
MAIL, TELEPHONE, VISITING
SUBJECT:
VISITS
AUTHORITY: Rhode Island General Laws (RIGL) § 42-56-10 (22), Powers of the
director; § 42-56-18, Inmate furloughs; Wood v. Clemons, 89 F. 3d 922 (1st Cir. 1996)
REFERENCES: ACA Standard #'s 4-4498 (# of visitors); 4-4499-1 (informal
communication and contact); 4-4499 (visiting information to inmates within 24 hours
of commitment); 4-4500 (special visits); 4-4501 (extended visits w/families); 4-4502
(community furloughs); 4-4503 (visitor registration); 4-4404 (transportation info. for
visitors); Rhode Island General Laws (RIGL) Chapter 20.6 (Smoking in public places);
Chapter 20.7 (Workplace smoking pollution control act); § 11-25-14 (Conveyance of
unauthorized articles to or from institutions); § 36-12-1, Definitions (Insurance
Benefits); § 15-1-1 Domestic Relations – persons eligible to marry, the most recent
versions of RIDOC Policies 3.14 DOC, Code of Ethics and Conduct; 1.06 DOC, Public
Information/Media Access; 7.01 DOC, Accountability and Procedures for Utilization
of Community Agencies, Volunteers, Interns and/or Employees of Outside Public or
Private Agencies; 8.08 DOC, Smoking and Tobacco Regulations; 9.14 DOC, Detecting
Contraband on or in the Possession of Inmates/Detainees (Including Frisk, Strip, and
Body Cavity Searches); 9.37 DOC, Security and Control of Offenders at Outside
Hospitals and Medical Clinics; 11.01 DOC, Code of Inmate Discipline; 13.02 DOC,
Access to Institutional Facilities by Attorneys and Their Agents; 20.01 DOC, Inmate
Furloughs; 24.14 DOC, Meetings Between Inmates to Discuss Active Lawsuits; 26.01
DOC, Religious Programs and Services; Sandin v. Conner, 515 U.S. 472(1995);
Kentucky Department of Corrections v. Thompson, 490 U.S. 454 (1989); DeWitt v.
Wall, 41 Fed. Appx. 481 (2002) cert. denied 2002 US LEXIS 5083; Overton v. Bazzetta,
540 U.S. 980 (2003); Caraballo-Sandoval v. Honsted, 35 F.3d 521 (11th Cir. 1994); DeMelo
v. Zompa, 844 A.2d 174, 177 (R.I. 2004).
INMATE / PUBLIC ACCESS?
X YES
AVAILABLE IN SPANISH?
X YES
Public Notice: 5/21/2016 Public Hearing: N/A
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I.
PURPOSE:
To establish rules and regulations governing visits at the Adult Correctional Institutions
(ACI) of the Rhode Island Department of Corrections (RIDOC) which reflect not only the
importance of prison visitation but also the need for security and order. To provide
authorized visitors’ access to all public areas, services and programs.
II.
POLICY:
A.
It is the policy of the Rhode Island Department of Corrections (RIDOC) to
encourage inmates, in a manner consistent with sound security practices, to have
regular social visits with relatives and other individuals in order to maintain close
family ties and other positive relationships.
B.
It is the policy of RIDOC not to routinely restrict visiting to specific persons such as
inmates' relatives, friends, or prior acquaintances.
C.
Minors must demonstrate they have the consent of their parent(s) or guardian(s)
and must be accompanied by adults while visiting.
III.
DEFINITIONS:
Common-Law Spouse - In order to establish the existence of a common-law marriage,
spouses are required to present two (2) different examples of the following documents.
A personal affidavit stating when and where you and your common-law
spouse mutually agreed to become husband and wife; whether you were
ever married, ceremonially or otherwise, to anyone else, and the details
surrounding the end of any previous marriages (how they were ended,
when and where); and any other details that will help to establish the
existence of a husband and wife relationship.
Affidavits from other persons who know you and are familiar with your
relationship, setting forth particulars such as the length of time you lived
together, your address(es); whether there was any public announcement of
your marriage; and whether your friends, neighbors, and relatives regard
you as married.
Deeds showing title to property held jointly by both parties to the common-
law marriage.
Bank statements and checks showing joint ownership of the accounts.
Insurance policies naming the other party as beneficiary.
Birth certificates naming you and your common-law spouse as parents of
your child(ren).
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Employment records listing your common-law spouse as an immediate
family member.
School records listing the names of both common-law spouses as parents.
Credit card accounts in the names of both common-law spouses.
Loan documents, mortgages, and promissory notes evidencing joint
financial obligations of the parties.
Mail addressed to you and your common-law spouse as “Mr. and Mrs.”
Any documents showing that the wife has assumed the surname of her
common-law husband.
Church
records
indicating
familial
status,
including
membership
information, baptismal certificates of the parties’ child(ren), Sunday school
registration forms, etc.
Immediate Family - for purposes of this policy, immediate family is defined as a parent,
spouse [including common-law (see definition above)], child, step-child, brother, step-
brother, sister, step-sister, grandparent, grandchild, aunt and uncle.
Exception: If a visitor is an ex-inmate, immediate family is then defined as parent,
spouse [including common-law (see definition above)], brother, sister, grandparent,
child and grandchild.
IV.
PROCEDURE:
A.
Applicability
This policy applies to all employees, inmates at all RIDOC facilities, and visitors not
covered by other policies (e.g., the most recent versions of RIDOC Policy #s 1.06
DOC, Public Information/Media Access; 13.02 DOC, Access to Institutional
Facilities by Attorneys and Their Agents; 26.01 DOC, Religious Programs and
Services ).
B.
Departmental Standards for Visiting Rules and Procedures
1.
Wardens shall establish the number of days and hours that visiting is
permitted, the length of a single visit, the number of weekly visits per
inmate, and the number of persons who may visit an inmate
simultaneously.
2.
Each facility's visiting rules and procedures provide each inmate at least
three (3) visiting periods per week for inmates who are NOT on
Administrative Restricted Status.
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3.
The facility visiting periods shall be at least one and one-half (1½) hours in
length.
4.
Smoking is prohibited in all facilities' visiting areas, consistent with Rhode
Island State Law and Departmental policy (See the most recent version of
RIDOC Policy #8.08 DOC; Smoking and Tobacco Regulations). All use of
tobacco products is prohibited within any and all buildings and property
under the control of RIDOC.
5.
Each Warden determines the degree of informality during visits, consistent
with the facility's overall security requirements.
6.
Visiting rules and regulations for inmates shall be posted in each block or
living unit of the facility and shall include, but not be limited to, visiting
hours and dress code.
In addition, copies of this policy, Visitor Dress Code (Attachment 1), and
corresponding facility-specific procedures shall be posted in English and
Spanish in facility visiting waiting rooms.
7.
Each Warden ensures transportation schedules for public transportation are
posted in a conspicuous location at the entrance or lobby of his/her facility.
8.
Each Warden ensures that a sign is prominently displayed stating “Vehicles
on RIDOC Property are Subject to Search”.
9.
All facility visiting rules shall be enforced.
10.
Consistent with the Department’s Code of Ethics and Conduct,
Departmental employees will treat visitors to RIDOC fairly, politely, and in
a professional manner.
a.
Visitors wishing to file/submit complaints regarding treatment by
RIDOC staff should submit them in writing to the facility
Warden/designee.
b.
The Warden/designee will advise the visitor of his/her findings in
writing.
11.
In addition to items 1-10 above, the following basic rules and regulations
pertain to all facilities of RIDOC which allow contact visits:
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a.
Inmates in disciplinary segregation are authorized visits with
attorneys and clergy only.
b.
Visitors who have not cleared background investigations (i.e., both
BCI and NCIC checks) are not permitted to visit unless specifically
approved by the Assistant Director of Institutions and Operations
(“ADIO”) or designee.
c.
Immediate family members may only be granted visits with the
approval of the ADIO/designee if they:
Have a felony criminal record
Have a pending criminal charge
Are currently on probation for a misdemeanor or felony charge
Are currently serving a deferred sentence for a misdemeanor or
felony charge
d.
Any visitor who is not an immediate family member (as defined in
Section III. above) may only be granted visits with the approval of the
ADIO/designee if they:
Have a felony criminal record
Have a pending criminal charge
Have pled nolo contendere to, or been convicted of, a
misdemeanor
Are currently on probation for a misdemeanor or felony charge
Are currently on a deferred sentence for a misdemeanor or felony
charge
(1)
It is at the Warden’s/designee’s discretion to grant visiting
privileges to a visitor who is not an immediate family
member (as defined in Section III. above) and has a
misdemeanor record.
(2)
Exceptions to other categories listed above may only be
granted by the ADIO/designee.
(3)
S/he will consider factors including, but not necessarily
limited to, nature of the felony and age of the criminal record,
nature of the pending charge(s), and/or nature of the offense
for which the visitor is currently on probation or deferred
sentence.
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(4)
In the event the visitor is a co-defendant, visits will only be
allowed with the inmates’ attorney present, at a designated
time, to be arranged by the attorney in consultation with the
Warden/designee.
The following restrictions apply to ALL visitors:
(1)
Pending charges: Visits will be limited to once per month.
Exception: In the event the visitor is a co-defendant, visits will
be allowed with the inmates’ attorney present, at a designated
time, to be arranged by the attorney in consultation with the
Warden /designee.
(2)
Felony convictions: Visits, if granted, will be limited to once
per month until the visitor has demonstrated he/she was a
law-abiding citizen for three (3) consecutive years. This may
be demonstrated in one of two ways:
(a)
His/her (latest) felony conviction is more than three (>
3) years old (if not incarcerated for this felony
conviction); or
(b)
He/she was released from incarceration (at RIDOC or
any other correctional jurisdiction/institution) at least
three (3) years ago.
(3)
The once-per-month restriction will be lifted following the
three (3) year period.
(4)
Such visitors are subject to all other rules and regulations,
search procedures, and registration requirements as outlined
for each facility.
e.
Visitors must show proper photo identification (ID) upon request,
such as valid driver's license, valid military ID, passport, or valid IDs
issued by the Departments of Transportation, Elderly Affairs or
Administration, Division of Motor Vehicles.
NOTE: Social security cards and Welfare IDs are NOT considered
proper forms of identification. Birth certificates are acceptable for
visitors under 18 years of age only.
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f.
Visiting occurs in designated visiting areas only.
g.
Visitors shall travel designated routes to and from their visits.
h.
No detours will be made, and visitors will not stop along the way to
talk to anyone unless so instructed by authorized personnel.
i.
Inmates’ attorneys may visit inmates as frequently as necessary for
the purpose of assisting their clients. (See the most recent version of
RIDOC Policy #13.02 DOC, Access to Institutional Facilities by
Attorneys and their Agents.)
Similarly, clergy may visit with inmates, provided, however, such
visits are coordinated through RIDOC’s Chaplaincy Program,
consistent with the most recent version of RIDOC Policy #26.01 DOC;
Religious Programs and Services.
j.
If possible, attorney and clergy visits are to take place during normal
visiting hours. However, they will be accommodated outside
normal visiting hours as well.
k.
Kissing and embracing (of short duration) are limited to the
commencement and completion of the visit.
l.
Inmates’ and visitors’ hands are to be on or above the table at all
times.
m.
No food may be brought into the facility (exceptions: Minimum
Security/Work Release; however, drinks are not allowed at
Minimum Security/Work Release).
n.
Visitors will neither give articles to nor accept articles from inmates.
o.
Inmates are not allowed to use vending machines.
p.
No item will be accepted from a visitor for an inmate unless it has
specifically been approved by the Warden/designee.
q.
RIDOC’s standard Visitor Dress Code may be found at Attachment 1.
Additional dress requirements may be developed by facility
Wardens.
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r.
Visitors and inmates will refrain from using loud, abusive, and
obscene language.
s.
Inmates and adult visitors are responsible for the behavior of
children. Children must be supervised and cannot run or play loudly.
t.
Departure from the Visiting Area by either the inmate or the visitor
terminates the visit, except when:
(1)
A visitor must leave the Visiting Area to use the restroom. A
visitor who leaves the Visiting Area to use the restroom must
pass through the metal detector again before re-entering the
Visiting Area.
(2)
If there are two (2) adult visitors and one of them leaves the
Visiting Area for any reason other than to use the restroom,
the inmate may remain in the Visiting Room until the second
visitor leaves.
u.
Inmates and visitors are subject to searches of their persons and
effects.
v.
All inmates are responsible for adhering to the specific visiting rules
established in the facilities in which they reside. These rules are
posted in each facility and are communicated to inmates upon
commitment to the facility. The following general visiting rules apply
to all inmates:
(1)
Notification of Visit: All inmates will report directly and
promptly to the Visiting Room when notified of a visit.
Facility staff will not search for inmates who are not in
designated locations.
(2)
Inmate Search Procedures
(a)
Prior to Commencement of Visits – All inmates
entering the Visiting Room are subject to frisk- and/or
strip searches prior to the commencement of visits.
(b)
Following Visits – All inmates are subject to strip
searches following visits.
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(c)
Inmate strip searches mentioned in (b) (1) and (2) above
include following visits from attorneys and clergy who
are NOT staff members of RIDOC.
(d)
All searches shall be in accordance with the most recent
version of RIDOC Policy #9.14 DOC, Detecting
Contraband
on
or
in
the
Possession
of
Inmates/Detainees (including Frisk, Strip and Body
Cavity Searches or in Inmate Transport Vehicles.
w.
Any inmate who has been charged with or convicted of any sexual
crime involving a minor (to include child pornography) is not
allowed to have minors sitting next to him/her or sitting on
his/her lap at any time during visits, to include the child(ren) of the
inmate.
C.
Visiting Lists – Awaiting Trial (“A & T”) Population
1.
Intake Service Center (Men)
Male inmates confined to the Intake Service Center (ISC) may have visitors
placed on their visiting lists in either of two (2) ways:
a.
The visitor may call the facility to ask when he/she may visit the
inmate or he/she may simply arrive at the ISC.
(1)
He/she must present required identification to the
Reception Officer.
(2)
The Reception Officer conducts a background check (BCI) on
the prospective visitor.
(3)
If the visitor clears the BCI check, he/she will be allowed a
one-time courtesy visit.
(4)
The Superior Officer conducts a NCIC check on the visitor
within thirty (30) days of the initial visit. If the visitor passes
the NCIC check, the Superior Officer places him/her on the
inmate’s visiting list.
b.
An inmate may complete a visitor request form asking for an
individual to be placed on his visiting list.
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(1)
Such requests are forwarded to the assigned Superior Officer
responsible for visits.
(2)
The Superior Officer or designee conducts background
checks (BCI and NCIC) on the prospective visitor.
(3)
If the visitor clears the BCI and NCIC check, he/she is
placed on the inmate’s visiting list and allowed to visit on
the appointed day and time.
2.
Gloria DiSandro McDonald Building (Women)
a.
A & T Counseling staff provide instruction to inmates on
completing BCI and NCIC request forms for adding individuals to
their visiting lists.
b.
Inmates utilize interoffice mail to send the forms from the A & T
wing to a designated custody staff member.
c.
The responsible staff person (usually a Utility Officer) conducts
background investigations (both BCI and NCIC) on prospective
visitors. This process usually takes between one and three days
following receipt of the request.
d.
Individuals who pass the background investigations (BCI and
NCIC) are allowed to visit during the inmate’s assigned visiting
period.
e.
Immediate family members who report to the facility with proper
identification, but who are not on an inmate’s visiting lists, may be
allowed a one-time courtesy visit with the inmate.
3.
A & T inmates’ visiting lists are entered into RIDOC’s computerized
inmate tracking system (INFACTS) and “follow” the inmates to other
facilities once the inmates are sentenced and transferred out of either of
the intake facilities.
D.
Visiting Lists -- Sentenced Population
1.
When an inmate transfers from Awaiting Trial to sentenced population
[Admission & Orientation (A & O)], the existing visiting list (which
originated in the intake facility) transfers with him/her.
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2.
It is the responsibility of the receiving facilities to verify both BCI and
NCIC checks have been conducted on visitors whose names appear on
visiting lists that originated in either of the intake facilities.
3.
During A & O, inmates have the opportunity to add to their visiting lists, up
to a total of nine (9) persons, which is the maximum number of visitors
allowed the sentenced population at all facilities, except that up to two (2)
additional names that pass BCI/NCIC checks will be allowed on the visiting
list beyond the normal nine (9), limited to mail money deposits only.
The maximum number of visits (9) has been determined to be manageable
given the visiting space available in each facility, the time element, costs, and
staff involved in performing BCI and NCIC investigations, and visiting
history of the "average" inmate. As is the case in Awaiting Trial, mothers
and fathers are counted as one, and minor children are not counted, but are
allowed to visit.
4.
The inmate shall give a list of prospective visitors (including full names,
addresses, dates of birth and relationships) to the Housing Officer or A & O
Counselor to forward to the Reception Desk Officer, who conducts BCI and
NCIC investigations.
NOTE: When a background (BCI and/or NCIC) check reveals more than
one individual with the same name and date of birth, the prospective visitor
may be asked for his/her social security number in order to facilitate the
investigation.
a.
The facility Administrator designates (a) specific staff member(s) who
is/are responsible for adding to the visiting list the names of those
individuals who clear BCI and NCIC investigations.
b.
The names of those individuals who do not clear BCI and/or NCIC
investigations are forwarded to the ADIO/designee. He/she makes
a determination as to whether or not they will be allowed to visit.
5.
No prospective visitor is allowed entrance into a facility until he/she is
cleared by BCI and NCIC or approved by the ADIO/designee. The Visiting
Room Officer may clear a visitor who has no criminal record. The facility
Warden may clear a visitor who has a minor criminal record. A visitor who
has more than a minor criminal record or requires other special
consideration must be cleared by the ADIO.
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6.
Each Warden/designee assigns (a) specific staff member(s) to maintain a list
of approved visitors. Generally, the responsible staff member is the
Reception Desk officer. However, the Warden/designee may alter this
designation, at his/her discretion.
7.
Visits with approved individuals shall commence on the inmate's next
scheduled visiting day.
8.
Inmates may delete persons from their visiting lists via Request Forms
("pink slips") only. Additions to visiting lists are accomplished through
Counselors or procedures established in each facility.
NOTE: Under normal circumstances, requests to remove individuals from
visiting lists are initiated by inmates. Exceptions may be granted (i.e., a
visitor may request removal of his/her name from an inmate’s visiting list)
by the Warden/designee. When a visitor is removed from one inmate’s
visiting list, s/he must wait thirty (30) days before being added to another
inmate’s visiting list unless approved by the Warden.
9.
When an inmate comes directly into A & O or is court-ordered to a specific
facility without first being detained at the ISC, he/she is given an
opportunity to develop a visiting list during the A & O process.
10.
Visitors may only appear on one (1) inmate's visiting list without the
approval of the Director or ADIO. The only exception is where the visitor is
an immediate family member of more than one (1) inmate confined at the
ACI. In this event, the visitor may be placed on each of the inmate's visiting
lists. If the inmates are in the same facility and on the same visiting schedule,
the Warden/designee may allow the visitor to visit more than one (1)
inmate at a time.
E.
Request for Reasonable Accommodation under the Americans with Disability Act
(“ADA”)
1.
A member of the general public may request information or make a request
for an accommodation under the ADA by contacting the Facility ADA
Coordinator (i.e., Deputy Warden). A request for information or an
accommodation may be made verbally or in writing.
2.
A request for accommodation is the first step in an interactive process
between the individual and the ADA Coordinator to clarify the individual’s
request and to identify the appropriate reasonable accommodation. When
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the disability is not obvious, reasonable documentation of the disability will
be requested. Reasonable documentation is information necessary to
establish that an individual has a disability that is an ADA qualified
disability, nothing more. If the individual refuses to provide reasonable
documentation, their request cannot be processed and a determination
under ADA cannot be assessed.
3.
Upon receipt of the necessary documentation the individual and the ADA
Coordinator will confer to determine what accommodation(s) would be
most effective and reasonable. Reasonable accommodations may include
modifications or adjustments that enable individuals to enjoy benefits and
privileges equal to those provided to individuals without disabilities. Final
determination of an accommodation and/or its reasonableness is made by
RIDOC.
4.
All information acquired throughout the process of making an ADA
determination will be maintained in a separate ADA file. Only personnel
involved in making the reasonable accommodation, and/or assisting in the
implementation of the accommodation will have knowledge of the request.
5.
When a visitor believes that he/she has been subject to disability
discrimination, they shall have the right to report it to RIDOC for prompt
investigation and appropriate actions.
6.
In submitting a request, complaint or grievance involving a disability issue
care should be taken to state specific facts including: person or persons
involved, structure/barrier involved, the date, time, and place of occurrence,
what was done or said, and the names of any witness(es) present.
7.
Any person who is uncertain how to request disability accommodations or
report complaints of disability discrimination may contact the RIDOC ADA
Coordinator or the Governor’s Commission on Disabilities at 462-0100.
F.
Visitor Registration and Search Procedures
1.
Approved visitors shall report to the appropriate facility's Reception Desk
on the scheduled visiting day and properly sign the Visiting Register. The
Register shall include visitors' names, addresses, and relationships to
inmates, as well as purpose of the visits, inmates' names, and current date
and time, and should include minor children.
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2.
Visitors shall present proper photo identification to the Reception Desk
Officer. He/she shall ensure visitors' names appear on the approved visiting
list and that specific inmates are, in fact, scheduled for visits on that day.
Once this information is verified, visitors are allowed to proceed.
3.
Visitors are subject to background re-checks (BCI and NCIC) as determined
by the Warden/designee(s).
4.
ALL visitors are required to successfully pass through the metal detector
before gaining entrance into a facility.
5.
Visitors may be required to submit to a mechanical search (hand frisker or
metal detector), pat search (conducted by a correctional officer of the same
sex), and/or search using narcotics detection equipment at any time.
6.
Each Warden ensures a sign is conspicuously posted in the lobby or other
entrance with the following notice: "ALL VISITORS ARE SUBJECT TO
SEARCH. THIS SEARCH MAY INCLUDE A VISUAL INSPECTION OF
THE VISITOR’S OPEN MOUTH". This message will appear in English and
Spanish.
7.
Visitors who are unable to clear the metal detector may be asked to remove
and submit outer articles of clothing that may cause a high reading to a staff
member for examination. Refusal to comply results in denial of the visit.
8.
A visitor who is denied entrance or asked to leave is told the reason for such
action, except when it is deemed that to specify the reason may jeopardize
security interests or the safety of any individual.
a.
Where the problem is something that clearly can be remedied, the
visitor may be told he/she may return to the facility at some specified
time in the near future (for example, once he/she has proper
identification or is appropriately dressed). In cases where this is not
applicable, the visitor is told to contact the Warden before returning
to the facility.
b.
The officer(s) responsible for denying entrance or terminating a visit
shall, except where such denial or termination is based on prior order
of the Warden, file an incident report with the Warden prior to the
end of the shift. This report includes the names of the visitor and the
inmate-visitee, the time of denial or termination, the reason(s) for
denial or termination, and whether the visitor has been informed
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he/she may return at some specified time in the near future or upon
satisfaction of some condition.
9.
Warden's Review: The Warden/designee promptly reviews all visitor
incident reports and conducts a factual investigation, to include contact
with the person who has been denied visiting privileges. After such
review, and within one week of receipt of the incident report, the Warden
does one of the following:
a.
In a case where the visitor has been told he/she may return to the
facility at some specified time or upon the satisfaction of a stated
condition, the Warden takes no action, thus allowing the resumption
of visits to occur.
b.
The Warden notifies the visitor he/she may return to the facility to
resume visiting.
c.
The Warden notifies the visitor in writing that he/she may resume
visiting under specified conditions.
d.
The Warden notifies the visitor in writing that visiting privileges are
suspended for a specified period, up to one (1) year, and that he/she
may reapply for admission at the end of the period or that
readmission will be automatic.
The written notice shall contain a statement of the reason(s) for the
Warden's action, except when in his/her opinion specifying the
reason(s) may jeopardize security interests or the safety of any
individual. A copy of each such notice is sent to the ADIO/designee,
and a copy is given to the inmate who is visited by the individual.
e.
Every Warden's written notice, described in c. and d. above, shall
advise the visitor that he/she may seek a review or reconsideration of
the barring, suspension, or restrictions by the Warden by sending
him/her a letter within fifteen (15) working days.
The visitor's letter should include a detailed narrative describing the
incident and setting forth the reason(s) the visitor feels the bar,
suspension, or restriction should be lifted.
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f.
The Warden reviews any visitor's letter and normally responds
within two (2) weeks to a letter seeking review or reconsideration of
any bar, suspension, or restriction still in effect.
g.
The Warden may take any action he/she deems necessary to resolve
questions raised by a visitor's letter including, but not limited to,
additional investigation of the facts; consultation with the ADIO,
Department's Legal Counsel; or conducting an informal meeting.
After his/her review, the Warden may eliminate, reduce, or modify
the specific limitation on visiting. No person is penalized for
exercising his/her rights of appeal provided by these regulations.
h.
Before the Reception Desk Officer excludes a professional visit, the
Warden, Deputy Warden, or Shift Commander is consulted. The
person so consulted speaks with the ADIO/designee regarding
professional visits prior to any bar. The Warden then makes the
decision as to whether exclusion is appropriate. Within fifteen (15)
working days of any such exclusion, the Warden takes any of the
actions listed in the section entitled "Warden's Review". In addition to
the right to seek reconsideration or review by the Warden, the
attorney or official may immediately appeal any exclusion to the
Director/designee.
i.
This Department's Inmate Facility Tracking System (INFACTS)
includes information relative to barred and suspended visitors.
Wardens ensure this information is entered accurately and in a timely
manner. Whenever an inmate whose regular visitor is suspended is
transferred to another RIDOC facility, the visitor may apply to the
Warden of the receiving facility for permission to visit. The Warden
of the receiving facility may allow the visit or deny visitation for a
period not to exceed the original suspension.
10.
Drug-Related Offenses by Inmates: An inmate's behavior within the facility
may affect his/her visiting status. Any offense that is drug-related may
result in an inmate's visiting privileges being suspended for a period of time.
Refer to the most recent version of RIDOC Policy #11.01 DOC; Code of
Inmate Discipline for specific information.
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G.
Removal or Suspension from Visiting Privileges
1.
Visitors who violate any State Law, Departmental policy, facility specific
rules and/or procedures, or pose a threat to the security of the facility may
be suspended or removed from visiting privileges. Correctional staff shall
immediately report such infractions to the Warden/designee.
2.
Any visitor apprehended trying to convey contraband into the facilities,
including external perimeter grounds of RIDOC and/or vehicles assigned to
RIDOC, shall be subject to criminal prosecution in accordance with RIGL §
11-25-14.
3.
Nothing in these regulations in any way impairs the Warden's or the
ADIO’s authority to exclude a visitor whenever, in their opinion, allowing
that person to visit would be injurious to the best interests of the facility.
H.
Inmate Visitation by Former RIDOC Employees
1.
Former employees are not allowed visitation privileges within the
Department if they were dismissed or resigned under the following
circumstances:
a.
Indulging in undue familiarity with inmates over whom they had
decision-making authority.
b.
Discussing personal matters with an inmate(s) verbally or in writing.
c.
Borrowing anything from or lending anything to an inmate.
d.
Accepting gifts or personal services, bartering or trading with any
inmate, inmate family member, or visitor. This includes cards, letters
and telephone calls.
e.
Conveying drugs or contraband.
f.
Using their knowledge of the prison system to circumvent policy.
g.
Other acts of misconduct, including, but not limited to, personal
behavior that undermines security or corrective treatment.
2.
Such former employees receive written notification from the Office of
Inspections specifying the reason(s) for denying visits.
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3.
Requests for visitation by former employees who resign under
circumstances other than those listed in #1 above, as well as requests made
by former contract employees, former volunteers and any other former
service providers, are reviewed by the Office of Inspections.
a.
Requests should be made in writing and submitted to the Office of
Inspections, which notifies the Warden of the affected facility.
b.
Anyone aggrieved by an adverse decision of the Office of Inspections
may make a written request for reconsideration to the Director of
Corrections or designee.
4.
These guidelines are not intended to restrict visiting privileges of former
employees or other service providers who may have immediate family
members who are incarcerated.
a.
However, RIDOC’s Code of Ethics and Conduct prohibits the
development of relationships between correctional employees and
members of the inmate population that cross professional
boundaries.
b.
Consequently, former RIDOC employees who met and developed
personal relationships with inmates over whom they had decision-
making authority during the course of their employment are
prohibited from visiting.
5.
A master list of former employees not allowed visiting privileges is
maintained (i.e., developed and kept up to date) by the Office of Inspections
and distributed to the Wardens.
a.
Requests for exceptions may be made in writing and submitted to the
Office of Inspections, which notifies the Warden of the affected
facility.
b.
As stated above, anyone aggrieved by an adverse decision of the
Office of Inspections may make a written request for reconsideration
to the Director of Corrections or designee.
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I.
Inmate Visitation by Current RIDOC Employees – When a current RIDOC
employee wishes to visit an incarcerated inmate, he/she must:
1.
Inform his/her immediate supervisor; and
2.
Obtain approval from the affected facility’s Warden/designee. The
Warden/designee considers such requests on a case-by-case basis and
communicates his/her decision to the:
a.
current employee who wishes to visit; and
b.
affected facility’s Reception Desk Officer.
J.
Special Visits
The following categories represent circumstances and procedures for allowing
special visits, beyond the normal visiting program as outlined in this policy.
1.
Visits to Hospitalized Inmates
a.
Visits to inmates at outside hospitals by other than clergy-of-record
and attorney-of-record are not permitted unless the visitor(s) is an
immediate family member AND:
(1)
the inmate has been diagnosed as terminally ill;
(2)
death is imminent; and/or
(3)
the period of hospitalization exceeds one (1) week.
Exception: Female inmates who give birth and are hospitalized may
receive a visit from immediate family members (including common
law spouses) who are on the approved visiting list. Such visits must
be pre-approved by the Warden or his/her designee.
b.
The ADIO may approve visits to hospitalized inmates under “special
circumstances”, not specified above, on a case-by-case basis, as
he/she deems appropriate.
c.
Approved Visiting Lists
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(1)
While at an outside hospital, sentenced inmates’ visits are
limited to immediate family on approved visiting lists.
(2)
Immediate family may also visit hospitalized inmates who are
on Awaiting Trial status, and not housed at the intake facility
long enough to receive visits and establish approved visiting
lists.
(3)
Visitors
shall
present
proper
photo
identification
to
correctional staff. He/she shall ensure visitors’ names appear
on the approved visiting list and that specific inmates are, in
fact, scheduled for visits on that day. Once this information is
verified, visitors are allowed to proceed.
d.
Visiting Hours for inmates confined at outside hospitals are from 1:00
p.m. to 3:00 p.m., Monday through Friday.
NO SATURDAY, SUNDAY, OR EVENING VISITS ARE ALLOWED.
e.
Hospitalized inmates are not allowed more than two (2) visitors at
any time. If hospital authorities request that only one visitor be
allowed at a time, this more restrictive rule will be followed.
f.
Terminally Ill Inmates – Exceptions to established limitations (times,
frequency and number of visitors) may be made for inmates who are
diagnosed as terminally ill. Any exceptions must be approved by the
appropriate manager (i.e., Warden/designee) prior to the visit.
g.
No items may be brought in by visitors.
h.
A hand-held metal detector is used to search all visitors. FAILURE
TO COMPLY RESULTS IN DENIAL OF VISIT.
All visitors are required to sign a “Visitor Consent to Search Form”
(Attachment 2).
i.
Visitors are not allowed to sit or lie on inmates’ hospital beds.
j.
Professional Visits: Inmates’ clergy-of-record and attorneys-of-record
may visit at any time during an inmate’s hospitalization.
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k.
A search of the inmate’s person, bed area and room is conducted
after the termination of any hospital visit.
l.
Rules and Regulations for Hospitalized Offenders and Their Visitors
(Attachment 3): The Correctional Officer at the hospital reviews these
regulations with the visitor(s). A copy will be given to the inmate
once he/she has signed the form, unless because of his/her
illness/injury, he/she is unable to sign.
2.
Long Distance Visits:
a.
Occasionally an inmate's family member or friend who is not on the
approved visiting list may travel a long distance to visit, but arrive at
a time and/or day NOT scheduled as a visiting period for that
particular inmate. In such instances, approval to visit may be granted
by the Warden/designee of the facility on a case-by-case basis.
b.
Any distance exceeding a radius of seventy-five (75) miles from
Cranston, Rhode Island, is considered long distance for visiting
purposes.
c.
Long distance visits are limited to four (4) “instances” per calendar
year.
For example, if a visitor arrived from California for a 2-week stay,
he/she could visit more than once during that 2-week period.
His/her multiple visits would count as one (1) “instance”.
Likewise, if that same visitor visited only once during his/her 2-week
stay that single visit would also be considered one “instance”.
d.
However, if the long distance visitor is remaining in the area and
wishes to visit again, all subsequent visits will occur on the
inmate’s regularly scheduled visiting days/times.
e.
The long distance visitor is subject to the same rules and regulations
as regular visitors (e.g., BCI and NCIC checks).
f.
Arrangements are made by the Shift Commander to accommodate
the visit, after approval of the Warden/designee.
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g.
Time allowed for such visits is at the discretion of the
Warden/designee, based upon security and scheduling constraints
(counts, feedings, etc.)
3.
Administrative Restricted Status Inmates
If an inmate’s conduct requires closer supervision, his/her movement is
more restricted than that of general population inmates and he/she may be
temporarily placed on Administrative Restricted Status.
a.
Inmates placed on Administrative Restricted Status are allowed one
(1) visit per week.
In some cases these visits may be “non-contact,” meaning the visit is
conducted via telephone and the inmate is separated from the visitor
by a glass security panel.
b.
All Administrative Restricted Status visits are held in an area
approved by the Warden/designee.
c.
Administrative Restricted Status visiting periods do not exceed one
(1) hour and fifteen (15) minutes.
d.
All visitors of Administrative Restricted Status inmates are subject to
the facility’s rules and regulations.
e.
Administrative Restricted Status inmates’ attorney-of-record and
clergy-of-record may visit consistent with RIDOC policies cited in
Section III.A. However, advance notification should be given
whenever possible.
4.
Professional Visits: Attorneys and their agents’ (law students, paralegal,
legal assistants, investigators, and interpreters) visits are not covered by this
policy. See the most recent version of RIDOC Policy #13.02 DOC, Access to
Institutional Facilities by Attorney and Their Agents for access by attorneys
and their agents. Other professionals, as defined below in subparagraph a.,
who in the course of performing their official duties must visit individual
inmates, are allowed to visit said inmates at any time during the normal
working day.
a.
Professional visits include clergy-of-record (see the most recent
version of RIDOC Policy #26.01 DOC, Religious Programs and
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Services), law enforcement officers, social workers, community health
care workers (including psychiatrists), or others approved by the
Warden.
b.
Occasionally, and with permission of the Warden, professional
visitors may be allowed to visit at times not generally considered as
part of the normal workday, provided advance notice is given.
These exceptions are granted to accommodate the professionals' time
schedules and need to interact with inmates.
c.
In all cases of professional visits, the professional and the inmate are
allowed to visit in an area other than the normal Visiting Room, and
they are afforded privacy (i.e., while they may be observed by
correctional staff, their conversations may not be monitored).
The Warden of each facility designates an area to be utilized for visits
by lawyers, clergy, etc.
d.
All professional visitors are subject to the same rules and regulations
as regular visitors.
e.
No individual (including law enforcement officers entering the
facilities for the purpose of interviewing a particular inmate) is ever
allowed to enter while in possession of a firearm or other weapon.
All weapons shall be properly cleared and checked at the facility's
Control Center or gun locker, where provided, prior to entrance.
f.
Professional visitors may be excluded from visiting only for good
cause and per order of the Warden, or in his/her absence the Deputy
Warden, or the ADIO. (Reference Section III.F.9.h.)
g.
Family members who are also clergy-of-record may be approved for
an emergency clergy visit outside or regular visiting hours when
authorized by the Warden/designee.
When visiting as a family member they are authorized to visit during
established visiting hours.
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5.
Protective Custody (PC) Inmates: Individuals in Protective Custody status
are afforded the same visiting privileges and are subject to the same visiting
rules and regulations as the general population of the facility in which they
reside.
6.
Extended Visits: The Director and/or designee may authorize extended
visiting privileges, other than normal visits on facility grounds, consistent
with existing Departmental policies and/or programs/practices.
7.
Consular Visits: If it has been determined that an inmate is a citizen of a
foreign country, the Warden must permit the consular representative of that
country to visit on a matter of legitimate business.
K.
Temporary Suspension of the Visiting Program
Recognizing the importance and benefits of the visiting program, every effort is
made to ensure its normal continuation and operation. There may be times,
however, when circumstances arise which could lead to a temporary suspension of
the visiting program at a particular facility or system-wide.
1.
In the event of an emergency situation, such as a major employee job action,
inmate disturbance, lockdown, severe weather, or other such serious event,
the Warden or his/her superior are the only individuals authorized to
suspend the visiting program.
2.
Whenever the visiting program is suspended, either at a particular facility or
system-wide, every attempt is made to notify the general visiting public of
the suspension via the major news media outlets, as well as subsequent
information related to the resumption of the program.
a.
During an extended period of suspension, a special telephone
number is designated and staffed to provide information concerning
the suspension and resumption of the visiting schedule.
b.
Every attempt is made to resume the visiting program as quickly as
possible within the mandates of facility security and control.
3.
The Warden or his/her superior resumes the visiting program as soon as
possible, following the resolution of the emergency or situation that
prompted its suspension.
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L.
Facility-Specific Visiting Rules and Procedures
1.
The general philosophy, policy and procedures contained herein apply to all
facilities comprising RIDOC.
2.
Each Warden, subject to the review and approval of the ADIO, develops
written visiting rules and procedures, tailored to his/her facility, which are
consistent with the Departmental standards contained in this policy.
The Warden also ensures a 1-page “visitor information” sheet is prepared
and available to visitors at the Reception Desk along with copies of the
Visitor Dress Code (Attachment 1).
3.
Facility-specific visiting rules shall be submitted to the ADIO within sixty
(60) days of receipt of this policy.
4.
At a minimum, facility-specific rules and procedures are consistent with
Departmental policy for visitation and address the following:
a.
Specific hours of the day and days of the week when visiting is
permitted;
NOTE: The visiting schedule is regulated by each facility’s
scheduling, space and personnel constraints to ensure normal and
orderly operations.
b.
Limitations on the number of weekly visits an inmate may have;
c.
Limitations on the duration of a single visit;
d.
Limitations on the number of persons allowed visiting an inmate at
any one time;
e.
When an inmate is unavailable for a visit, the Reception Desk Officer
informs the visitor of the reason(s) for the inmate’s unavailability and
when he/she is likely to be able to resume visits.
Example #1: Inmate John Doe is currently in disciplinary
confinement and, therefore, cannot visit. However, he is scheduled to
be released from disciplinary confinement in ten (10) days. He should
be able to resume visits on Month/Day/Year.
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Example #2: Inmate Jane Doe is out at a clinic appointment and,
therefore, unavailable to visit. She should be able to visit on her next
scheduled visiting day – Month/Day/Year.
f.
Procedure for checking personal effects before entering the visiting
area;
g.
Procedure for conveying parcels and funds to inmates;
h.
List of articles which visitors may carry into or out of the facility;
NOTE:
Visitors are prohibited from bringing tobacco products and/or
accessories, e-cigarettes and their components into any facility.
Jewelry (other than wedding bands, engagement rings, and/or
medical alert items) is prohibited in all facilities.
Money should be specifically addressed.
i.
Consequences
of
conveying
contraband
(weapons,
alcohol,
controlled substances, etc.) -- possible loss of visiting privileges and
criminal prosecution, and if convicted, legal penalty -- may be
imposed.
NOTE: Such a statement will be included in the facility’s rules and
procedures and shall also be posted conspicuously in the entrance or
lobby (English and Spanish).
j.
Approval of visitors and development of visiting lists for inmates in
Awaiting Trial status.
5.
Separate Housing Units: Where appropriate, facility-specific visiting rules
and procedures shall address separate categories of housing units under the
Warden's jurisdiction. At a minimum, separate housing unit visiting rules
address:
a.
Designated visiting area;
b.
Devices precluding physical contact which may be necessitated by
security requirements;
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c.
Time, length, and frequency of visits;
d.
Special visits from attorneys and clergy;
e.
Special visiting provisions, including advanced scheduling, where
necessary.
24.03 DOC; Visits
Attachment 1
Page 1 of 1
Rev. 5/21/2016
RIDOC ADULT CORRECTIONAL INSTITUTIONS
VISITORS DRESS CODE
All visitors MUST wear undergarments.
Visitors to any RIDOC facility are prohibited from wearing:
See-through clothing of any kind
Low-cut and V-neck sweaters, blouses or shirts and tank, halter, or “tube” tops
Skirts, dresses, shorts with slits that are two (2) inches or more above the knee
Blouses or shirts too short to tuck in; blouses or shirts which expose the midriff
Tight-fitting or athletic type clothing
Spandex, stirrup, sweat and/or “swish” pants
Clothing the Visiting Room Lieutenant or Shift Commander determines is
provocative/inappropriate
Hats, headbands and/or hooded clothing
Clothes with holes, rips, tears (clothing must be completely intact)
Clothing with the pockets torn out or torn to allow access beneath the garment
Sleeveless garments
“Farmer” jeans
Camouflage garments
Khaki, beige, or any other clothing which could be mistaken for inmate clothing
Military clothing ( actual uniforms and look-alikes)
Clothing which closely resembles uniforms (Correctional Officer, police, sheriff,
marshal, etc.)
Nursing uniforms (including “scrubs”)
Jewelry (except wedding and/or engagement rings and medical alert jewelry)
Under wire bras, metal buttons, buckles which cannot be removed and set off the
metal detector
Metal hair ornaments
No flip-flops
Exception: Children under twelve (12) years of age may be allowed to visit even
though wearing shorts, skirts, and/or dresses shorter than mid-thigh, rompers,
sleeveless shirts, etc. The Visiting Room Lieutenants’ discretion will prevail.
FAILURE TO COMPLY WITH THIS DRESS CODE MAY RESULT IN
DENIAL OF VISITS OR ENTRY TO A FACILITY.
Rev. 5/21/2016
24.03 DOC; Visits
Attachment 2
Page 1 of 1
RHODE ISLAND DEPARTMENT OF CORRECTIONS
VISITOR CONSENT TO SEARCH
I, , of
Visitor's Name
,
Visitor’s Address
desire to visit ,
Name of Offender
presently confined in the custody of the Department of Corrections at
.
Name of Hospital
In exchange for the privilege of visiting, I hereby consent to a non-invasive search of my person
and effects that may include a hand-held metal detector by employees of the Department of
Corrections, State of Rhode Island and hereby waive my claims as a result of said search, against
the Department of Corrections, State of Rhode Island, its staff, agents, and servants.
Visitor’s Signature
Date
Witness’s Signature
Date
Distribution
Original – Inmate’s File
Copies –
Security Specialist
Warden/designee
Rev. 5/21/2016
Rev. 5/21/2016
24.03 DOC; Visits
Attachment 3
Page 1 of 1
RHODE ISLAND DEPARTMENT OF CORRECTIONS
RULES AND REGULATIONS FOR HOSPITALIZED OFENDERS AND
THEIR VISITORS
DUPLICATE TO BE GIVEN TO OFFENDER
You (the hospitalized offender) are to familiarize yourself with the following rules and also alert those
people in your immediate family who you will want to visit you in the hospital.
1.
While at an outside hospital, your visits shall be from 1:00 p.m. to 3:00 p.m., Mondays through
Fridays. NO SATURDAY, SUNDAY, OR EVENING VISITS ARE ALLOWED.
2.
While at the hospital, you may be visited only by immediate family on your approved visiting list,
and you may have only two (2) authorized visitors at one time. If the hospital requests you be
allowed only one (1) visitor at one time, we will honor that request.
3.
No items may be brought in by your visitors.
4.
No visitors are allowed to sit or lie on the hospital beds.
5.
All visitors are subject to search (metal detector, pat down, and/or narcotics detection
equipment).
I, _________________________________________, have read and understand the above rules and
regulations, and I will notify my immediate family as to who may visit, the visiting schedule, and any
other rules which they must follow.
_________________________________________
____________________________________
Offender’s Signature
Date
(unless unable to sign due to illness or injury)
I acknowledge that I have given a copy of these rules to the offender.
_________________________________________
____________________________________
Witness’s Signature
Date
Distribution:
Original – Offender’s Institutional File
Duplicate – Offender