Cal. Code Regs. Tit. 15, § 3177 - Family Visiting (Overnight)
Institution heads shall maintain family visiting policies and procedures. Family visits are extended overnight visits, provided for eligible incarcerated persons 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 incarcerated persons and their visitors. Institutions shall require eligible incarcerated persons 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 incarcerated person 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 incarcerated person to a qualifying work/training incentive group as
outlined in section
3044.
(1) Family visits shall not be permitted for
incarcerated persons 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) Incarcerated persons 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) Incarcerated persons 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 incarcerated person 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 incarcerated person 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) Incarcerated
persons 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 incarcerated person 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
incarcerated person 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.
(2) Family visits shall not be permitted for
incarcerated persons who are in any of the following categories:
(A) Designated Close Custody;
(B) Designated a condemned incarcerated
person;
(C) Assigned to a reception
center;
(D) Assigned to a
Restricted Housing Unit;
(E)
Designated "C" status;
(F) Guilty
of one or more Division A or Division B offense(s) within the last 12 months;
or
(3) Family visits shall be
permitted only in CDCR institutions and conservation camps.
(c) Unescorted minors of the incarcerated
person's immediate family shall not participate in family visits. Exceptions
include an incarcerated person's legal spouse, the incarcerated person's
children or legal stepchildren and the incarcerated person's own brothers or
sisters when the institution head or designee approves such unchaperoned
visits.
(d) Incarcerated persons
shall not be eligible for a family visit while any action that restricts,
suspends, or denies their contact with a visitor or visitors during regular
visiting is in effect. Family visits may be revoked or suspended without such
action affecting an incarcerated person's eligibility for contact or
non-contact visits.
(e) Each
incarcerated person shall be subject to disciplinary action, which may include
suspension or exclusion from participation in the family visiting program, for
any willful damage of the unit and/or furnishings or for failure to maintain
the cleanliness of the family visiting program unit.
(f) Visitors failing to report to the visitor
processing area by 11:00 a.m. without the notification and approval of the
family visiting coordinator are subject to cancellation of the visit and
suspension of family visiting program privileges for six months.
(g) Incarcerated persons with a disability
requiring an accommodation for family visits shall give 72 hours notice of any
request for accommodation.
Notes
Note: Authority cited: Sections 5058 and 6404, Penal Code. Reference: Section 297.5, Family Code; and Section 5054, Penal Code.
Note: Authority cited: Sections 5058 and 6404, Penal Code. Reference: Section 297.5, Family Code; and Section 5054, Penal Code.
2. Amendment of subsection (c) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
3. Amendment of subsection (c)(4) and new subsection (c)(13) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
4. Amendment of subsection (c)(11)(C) filed 4-18-80; effective thirtieth day thereafter (Register 80, No 16).
5. Amendment of subsection (c)(10)(C) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
6. Amendment of subsections (c)(11)(B) and (c)(12) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).
7. Amendment of subsection (c)(3) filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
8. Change without regulatory effect amending subsection (c)(9)(C) filed 9-26-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 39).
9. New subsections (c)(11)(D) and (E) and subsection relettering filed 2-11-98 as an emergency; operative 2-11-98 (Register 98, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 2-11-98 order transmitted to OAL 5-4-98 and filed 6-16-98 (Register 98, No. 25).
11. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
12. Change without regulatory effect amending subsection (b)(1) filed 12-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 49).
13. Amendment of first two paragraphs, subsection (b)(1) and Note filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
14. Change without regulatory effect amending subsection (b)(2) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).
15. Change without regulatory effect amending first paragraph and subsection (b)(3) filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).
16. Amendment of subsection (b)(2) filed 2-9-2017 as an emergency; operative 2-20-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-31-2017 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 7-12-2017 and filed
18. Amendment of subsection (b)(1), new subsections (b)(1)(B)-(C), subsection relettering, amendment of subsection (b)(2), new subsections (b)(2)(A)-(H) and amendment of Note filed 1-15-2019; operative
19. Amendment of subsection (b)(2)(D), repealer of subsection (b)(2)(E) and subsection relettering filed 10-24-2023 as an emergency; operative
20. Amendment of subsection (b)(2)(D), repealer of subsection (b)(2)(E) and subsection relettering refiled 4-8-2024 as an emergency; operative
21. Amendment of subsection (b)(2)(G) filed 3-7-2024; operative
22. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
23. Certificate of Compliance as to 4-8-2024 order transmitted to OAL 6-18-2024 and filed
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