37 Pa. Code § 93.3 - Inmate visiting privileges
(a)
Approved list of visitors. A list of approved visitors may
contain up to 20 names or more if permitted by the Department. Inmates who can
show that they have more than the number of visitors permitted by the
Department may be permitted to add additional names to their approved lists.
Except for members of an inmate's immediate family, a minor's name may be
placed on the approved list only with permission of the minor's parents or
guardian. Children under 18 years of age may visit only when accompanied by an
adult approved by his parent or legal guardian and need not be placed
separately on the official list. A person may not be on more than one inmate's
visiting list except in cases when the person is part of the immediate family
of more than one inmate, unless special permission is granted by the facility
manager. Changes or additions to the approved list may be made in accordance
with established procedures. The name of a visitor may be removed for good
cause upon authorization by the facility manager.
(b)
Religious advisor.
Designation by an inmate of a religious advisor as defined in §
93.6 (relating to religious
activities) may be made at any time. The designation shall be in addition to
the names on the approved list and will not be counted against the total
approved by the Department.
(c)
Attorneys. An inmate may designate attorneys for whom the
inmate desires visiting privileges at any time. The designation shall be in
addition to the names on the approved list and will not be counted against the
total approved by the Department.
(1) The
confidentiality of the attorney-client relationship will be honored. Personnel
will not be stationed in a manner as to be able to overhear normal
conversation.
(2) An attorney who
has been designated by an inmate as the inmate's legal advisor may permit
persons, such as law students or investigators to visit the inmate to act as
the attorney's agents. Each person shall present to the facility at the time of
the visit a written statement signed by the attorney on the letterhead of the
firm of the attorney identifying each person as the attorney's agent and
attesting that the visit is for the purpose of a legal consultation.
(3) Attorneys and their agents are subject to
the same rules and regulations as other visitors.
(d)
Former inmates. A former
inmate may visit only with special permission of the facility
manager.
(e)
Prerelease
inmates. Inmates in prerelease status may visit other inmates only
with the approval of the Secretary or a designee. Application for permission to
visit shall be made by both inmates through their respective facility
managers.
(g)
Initial
visits. The inmate's first visit after admission should be scheduled
following the medical quarantine period and may be held in the presence of a
staff caseworker.
(h)
Number, time and place of visits. Inmates shall be permitted
to have visits as often as the situation at the facility will allow.
(1)
Visiting days. Visits
may be permitted every day of the year at the discretion of the facility
manager and shall reasonably accommodate family members.
(2)
Visiting hours. Morning
and afternoon visiting hours will be maintained at the discretion of the
facility manager. Evening visits may be maintained at the discretion of the
facility manager. Visiting hours shall reasonably accommodate family
members.
(3)
Length of
visits. Visits should be at least 1 hour in duration. The length of a
visit depends on the inmate's program status and available space.
(4)
Frequency of visits. One
visit per inmate per week will be permitted. Additional visits may be
permitted.
(5)
Number of
visitors at one time. The number of visitors an inmate may have at any
one time may be limited depending upon the available space.
(6)
Place. Inmates in the
general population will be permitted contact visits in a relaxed setting, under
official supervision unless otherwise restricted as set forth in the
Department of Corrections Inmate Handbook, or any Department
document that is disseminated to inmates.
(7)
Special visit.
Provisions will be made for the approval of a special visit by persons who may
not be on the approved list who have come a substantial distance and of a
family visit to a seriously ill or injured inmate. Special visits will be
approved only by the facility manager or a designee. Absent this approval, only
those persons on the approved visiting list may visit.
(i)
Restriction of visitation
privileges.
(1) If a visit is a
threat to the security and order of the facility, the visit may be terminated
or disallowed.
(2) Outside visitors
are subject to search before and after visiting.
(3) A visitor who cannot produce
identification or who falsifies identifying information will not be allowed in
the facility.
(4) Visitation may be
restricted or suspended or special security precautions imposed for violation
of visiting rules or as warranted by the temperament of the inmate
involved.
(5) Restriction of
visiting privileges will not be used as a disciplinary measure for an unrelated
facility rule infraction. However, visiting privileges may be restricted as a
result of changes in housing or program status made as a result of unrelated
infractions.
(6) Normal visitation
will be suspended during a state of emergency.
(j)
Media representatives.
Media representatives will have the same visiting privileges as visitors on an
inmate's approved list of visitors as described in Department policy concerning
inmate visitation. A media representative will not be in addition to the names
on the approved list and will be counted against the total approved by the
Department.
(1) Media representatives may
obtain a copy of the Department's policy regarding inmate visitation on the
Department's website (www.cor.state.pa.us).
(2) Media representatives and inmates will
abide by all applicable rules, regulations and policies of the Department while
on facility property. Violations of any rules, regulations or policies of the
Department may result in the visit being denied, termination of the visit,
suspension of visiting privileges or revocation of visiting
privileges.
(3) Visits with a media
representative shall be subject to the frequency of visit limitations contained
in subsection (h)(4).
(4) For
inmates under a sentence of death and prior to the Governor's warrant being
issued, media representatives will only be permitted to have noncontact visits
with the inmate. After the Governor's warrant has been issued, noncontact
visits will only be entertained if the media representative has obtained an
order of court of competent jurisdiction granting the relief and has properly
served the Department with the court documents seeking or requesting the relief
prior to obtaining the order.
(5)
Media representatives for the purpose of this section include: representatives
of general circulation newspapers; magazines of general circulation sold
through newsstands or mail subscriptions to the general public; and
National/international news services or radio/television stations holding a
Federal Communications Commission license.
Notes
The provisions of this § 93.3 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186).
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