Kan. Admin. Regs. § 44-7-104 - Inmate visitation
(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.
(b) A place shall be provided for private
consultation by attorneys, clergy members, and other persons having a statutory
right of privileged communication, with the exception of spouses, to permit
confidential conversation. Only those measures necessary to preserve security
shall be permitted to interfere with the consultation. Sound monitoring shall
not be conducted. Visual monitoring shall be permitted only if necessary to
maintain security.
(c) This
regulation shall apply only to the regular inmate visitation program. All
visits to inmates resulting from a program otherwise implemented by the
department of corrections shall be governed by policies and procedures
established specifically for that program.
Notes
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