SOP 215.06 (IID03-0003): Visitation of Residents
Summary
Key Topics
- visitation privileges
- approved visitor list
- immediate family visitation
- significant other visitation
- resident visitors
- visitor authorization
- Superintendent approval
- visitation hours
- weekends and holidays
- visitor restrictions
- sexual offense restrictions
- minor visitors
- visitor register
- GCIC/NCIC background check
- transitional centers
Full Text
|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|`Functional Area: `
`Facility Operations`|`Reference Number: `
`IID03-0003`|`Revises`
`Previous`
`Effective Date:`
`7/15/02`|
|`Subject:`
`VISITATION OF RESIDENTS`|||
|`Authority:`
`Donald/Adams`|`Effective Date:`
`7/01/04`|`Page 1 of`
`15`|
I. POLICY:
Each Transitional Center shall provide visitation privileges
for residents guided by procedures found herein. Visits by
official visitors to the Center shall be documented.
II. APPLICABILITY:
All Transitional Centers
III. RELATED DIRECTIVES:
A. O.C.G.A.42-5-56
B. GDC Rules: 125-2-4-.15, 125-3-2-.02, 125-3-2-.04(f)(6),
125-3-4-.02, and 125-4-7-.03.
C. GDC-SOPs: IIA05-0001, IIA07-0007, IIA10-0001, IIB01-0005,
IIB01-0013, IIB01-0022, IIB02-0003, IIB02-0004, IIB09 0001, IIB12-0002, IIB12-0003, IIB12-0004, IIB13-0003,
IIB15-0001, IIB16-0001, IIC03-0002, IIC02-0003, IID03 0001, IID03-0004, IID04-0001, VD01-0014, VA01-0019, VG01 0008
IV. DEFINITIONS:
A. Significant Other: A member of an inmate's extended
family, a friend, or some other person having a
meaningful relationship with the inmate.
B. Next of Kin: For purposes of this SOP, the person
designated by the inmate to receive his or her remains or
the person designated to make emergency medical decision
in the event the inmate is unable to make medical
decisions. In the event the inmate fails to so designate,
the person reasonably designated by staff.
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C. Designated Beneficiary: The person designated, by the
inmate, to receive the inmate's personal property and
funds which are left under the custody and control of the
Department in the event of the inmate's death.
D. Sexual Offense-O.C.G.A.42-5-56: As used in this Code
section, the term “sexual offense” means a violation of
Code Section 16-6-1, relating to the offense of rape;
Code Section 16-6-2, relating to the offenses of sodomy
and aggravated sodomy; Code Section 16-6-5.1, relating to
the offense of sexual assault against a person in
custody; Code Section 16-6-22, relating to the offense of
incest; or Code Section 16-6-22.2, relating to the
offense of aggravated sexual battery, when the victim was
under 18 years of age at the time of the commission of
any such offense; or a violation of Code Section 16-6-3,
relating to the offense of statutory rape; Code Section
16-6-4, relating to the offenses of child molestation and
aggravated child molestation; or Code Section 16-6-5,
relating to the offense of enticing a child for indecent
purposes, when the victim was under 16 years of age at
the time of the commission of any such offense.
E. Resident: The word RESIDENT, as used in this SOP, is
meant as a generic term to encompass all offenders
incarcerated at centers designated in the Applicability
section of this SOP.
V. ATTACHMENTS:
Attachment 1 - Resident Visitor's Register
Attachment 2 – Significant Other Application
Attachment 3 – GCIC/NCIC Consent Form for Visitors
VI. PROCEDURE:
A. Awareness
1. Visitation procedures must be included in the Center
rules and regulations (resident handbook) and
explained to the resident during orientation.
B. Visitation Hours
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1. Regular visitation hours shall be established by the
Superintendent for Saturdays and Sundays as well as
observed state holidays. A minimum of two hours
visiting time (preferably, four hours) should be
provided unless a visitor's late arrival makes this
impossible due to termination of visiting hours.
Additional visiting hours may be established at the
discretion of the Superintendent if they do not
interfere with the operation of the Center.
2. Regular visiting hours should not interfere with
either the routine functions or scheduled activities
of the Center. A schedule of the designated
visiting hours shall be posted permanently and
conspicuously.
C. Authorized Visitors
Note: As part of the process for authorizing a
visitor, the Superintendent may require a
prospective visitor to sign attachment 3, (GCIC/NCIC
Consent Form for Visitors of GDC Facilities),
authorizing the release of driver and criminal
history information to the Georgia Department of
Corrections. This information may serve to assist
in determining the approval or disapproval of a
prospective visitor to a Transitional Center. This
process may be used at the discretion of the
Superintendent.
1. The number of visitors on a resident’s approved
visitor list is limited to twelve. Resident’s having
large families will be considered on an individual
basis. Persons who are not immediate family members
and yet would like to be on the approved list should
make this known to the resident who may make the
request to the Superintendent. All visitors are
subject to approval or disapproval by the
Superintendent of the facility or his/her designee.
All visitors, regardless of age, shall be approved
and listed on the resident’s visiting list. The
only exception will be a special visit approved in
advance by the Superintendent/designee. Categories
of visitors may include the following:
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2. Members of an inmate's immediate family, (parents, brothers, sisters, spouse, grandparents, children, and stepchildren) upon request and after verification, may be placed on the resident's approved visitor list. 3. Significant others may also be included on the approved visitor list. Significant Others may be defined in two (2) basic categories: pre incarceration relationships and relationships formed after incarceration began, including friends and employers or other relationships which have the potential for rehabilitative capabilities. The Significant Other must complete and submit the "Significant Other Application for Visitation Privilege”. The Superintendent/designee will review and approve/disapprove the applications. The term Significant Other does NOT imply automatic approval for visitation from romantic involvement. Rehabilitative potential must still be established. See definition on page one of this SOP. 4. Inmates, ex-inmates, probationers, and parolees will be excluded from the approved visitor list unless approved by the Superintendent. 5. After a person's name has been placed on the approved list, prior approval is not necessary on regular visiting days. An adult must accompany visitors under the age of sixteen on the visiting list. 6. One resident's visitors will not be allowed to visit with another resident or his/her visitors. 7. Any resident with a current or prior conviction for any sexual offense as defined in the Definition Section of the SOP shall not be allowed visitation with any person under the age 18 years unless such person is the spouse, son, daughter, brother, sister, grandson, or granddaughter of the inmate and such person is not the victim of a sexual offense for which the inmate was convicted. If visitation with a minor is restricted by court order, only the
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court issuing such order may grant permission for
special visitation with the minor.
8. Counselors will review all resident administrative
files assigned to their respective caseloads to
ensure compliance with Section VI.C. and make
necessary corrections to the identified resident(s)
visiting list(s). The review will be documented on
the notes or on the visitation form in the
administrative file.
D. Visitor Register
The Resident Visitor Register (Attachment 1) will be used
by each Center to record resident visitation.
Correctional staff are responsible for determining
whether or not an individual is an authorized visitor to
any resident by referring to the individual resident's
list of authorized visitors. Only authorized persons
shall be admitted.
E. Visitation Area
1. The facility shall maintain a visiting area where
residents may have contact visitation with their
authorized visitors. Restroom facilities shall be
provided for visitors in or adjacent to the visiting
area. Videotaping of the visitation area is
permitted as an added measure to ensure the safety,
security and integrity of security operations during
visitation periods. The Assistant Superintendent or
Chief of Security should review the visitation
videotapes by the end of the first business day
following the visitation. The Superintendent will be
notified immediately if anything unusual or outside
the parameters of SOP’s occurred. Should an
investigation result from violations observed on the
videotape, tape will not be reused until complete
resolution of the investigation. Reviewed videotapes
that do not reveal any unusual circumstances or have
a security value may be reused after sixty days.
Visitors will not be allowed in resident rooms. The
OIC or duty officer will monitor visitation to
ensure compliance with Center and departmental
rules.
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F. Visitor List Change
A resident may request to add or delete a name on his/her
visitor list by contacting his/ her counselor and
providing the necessary information. The counselor will
forward this request to the Superintendent or his/her
designee who will be the authorizing agent for such
changes. Transitional Center Visitor lists may only be
changed every six (6) months. During the six (6) month
review the Counselor will verify and/or change the
Designated Beneficiary and Next of Kin, at the request of
the resident, as applicable in each case.
G. Notification of Loss of Visitation Privilege :
The facility shall notify any authorized visitor and the
resident when his/her name has been removed from an
authorized visitor list and give reason thereof.
1. The Superintendent/designee will be responsible for
notifying the visitor, in writing, of their removal
from the authorized visitor list. The notification
shall include the reason for and length of the
removal.
2. A copy of the visitor notification shall be
forwarded to the resident and placed in the
resident’s file.
3. When a resident has lost visitation privileges for
any reason, they may notify the authorized visitors
via a center form letter. This is to minimize the
inconvenience and frustrations of potential
visitors.
a. The form letter shall be provided to the
resident at the conclusion of the disciplinary
hearing.
b. The resident will provide postage unless he or
she is indigent.
c. If the United States Mail would not reach the
family in time to prevent an unnecessary trip,
the resident may request that notification
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occur by phone (collect call for long
distance). Postal notice will also be given.
H. Visitor Identification
Visitors are required to present positive identification
prior to their admission for visiting.
1. A driver's license with picture, a photo id card
issued by the Department of Public Safety, or other
acceptable photographic identification card will be
required of visitors age sixteen and over.
2. A temporary driver's license issued by the
Department of Public Safety will be acceptable when
accompanied by some other form of appropriate
picture identification.
3. I.D. cards will be maintained in a secure area
outside the actual visitation area and will be
returned at the conclusion of the visit.
I. Attorneys:
1. For the purpose of visitation, the term attorney
includes a resident’s attorney of record or any
other attorney licensed to practice in State or
United States Courts, Court of Appeals, or the
Supreme Courts with whom the resident has or is
attempting to establish an attorney-client
relationship. (GDC Rule 125-3-4-.07 and SOP VD01 0014)
a. An attorney must produce an active State Bar
Card and a driver’s license or an acceptable
photo ID card.
b. Attorneys shall be permitted to visit their
clients at the center during prescribed
visiting periods with prior approval.
c. In addition, reasonable flexibility shall be
exercised in permitting attorneys, by prior
appointment, to visit with their clients during
normal business hours.
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d. Residents shall be instructed to advise their
attorneys that appointments are required to
visit except in bona fide emergencies.
e. Appointments must be made through the
Superintendent’s Office at least twenty-four
hours in advance.
f. Correctional staff shall maintain surveillance
and general supervision during the visit. The
correctional staff member shall be positioned
so as to permit the attorney and client to
converse privately and maintain the privileged
nature of their relationship.
g. No special provisions will be made for
attorneys during normal visiting hours.
2. A paralegal, investigator or law assistant employed
by an attorney may visit a resident if prior
arrangements have been made with the Superintendent
or his/her designee.
a. Before allowing such a visit, the attorney will
contact the Superintendent/designee and
identify the person.
b. At each visit the Superintendent/designee will
require the presentation of a letter, dated no
later than one week prior to presentation,
signed by the attorney and identifying the
holder and the resident to be visited. This
letter should be placed in the resident’s file.
c. The Superintendent/designee may refuse
permission of these visits for cause. Cause may
include misrepresentation made by the attorney,
paralegal or investigator concerning the
visits, as well as, the existence of facts,
which give the Superintendent/designee reason
to believe that the visit would pose a threat
to facility security.
J. Other Visitors and Facility Tours
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1. The Superintendent/designee may authorize
individuals or groups such as representatives of
civic groups, church committees, students or
rehabilitative groups to visit the center. Prior to
any such visit the Superintendent/designee will
establish procedures necessary to govern the visit,
safeguard the visitors and provide for security of
the facility. Tour group members must be at least
sixteen (16) years of age unless prior approval has
been obtained from the DC/TC Field Operations
Manager or higher authority.
2. The Commissioner or his/her designee may authorize
the media to visit the facility. Prior to any such
visit the Superintendent/designee will establish the
procedures necessary to govern the visit, safeguard
the visitors and provide for security of the
facility.
3. Special Visitors: The name, title, address, and
telephone number of any official or special visitor
from agencies other than the department shall be
recorded. This primarily refers to law enforcement
personnel, government personnel, attorneys and other
officials. The Superintendent shall be notified
immediately of special or official visitors. A log
recording all visitors other than resident visitors
will be maintained by each Center. Each visitor
shall be required to sign in and sign out.
K. Conducting the Visit
Normally, there will be no restrictions placed on the
length of visits during the center's established
visitation periods, however:
1. The OIC or Duty Officer has the authority to adjust
the length of visitation times allotted to
individual residents or to terminate visits during
times of overcrowding.
2. The OIC or Duty Officer may also terminate
individual visits because of improper conduct or
failure to abide by regulations. An Incident Report
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shall be completed documenting the reason(s) for the termination of the visit. a. If a resident has more than one visitor on a given day, individual visitors may be limited to a lesser time. b. If overcrowding requires the termination of visitation, the residents who began visiting earliest, will normally be the first to have their visits terminated. However, such factors as relationships, frequency of visits, distance traveled, etc. will be taken into consideration. c. The staff member on duty will be responsible for maintaining proper order and supervision of the visitation area. Each resident will be responsible for the conduct of their visitors and any improper behavior or violation of Center rules by visitors may result in cancellation of visiting privileges and disciplinary action for the resident. Visitors who appear to be under the influence of alcohol or drugs will not be admitted to the Center. In the event of disturbance, the staff member on duty shall take appropriate action to have individuals removed from the premises. All incidents shall be documented on an Incident Report (Form PI-1006) and provided to the Superintendent. If necessary, written statements may be obtained from witnesses. d. Visitors are responsible for their children. Visitors who do not follow this policy will be required to leave the Center. Visitors shall not use Center recreational facilities, unless a planned, supervised activity is involved. Residents are responsible for any damage by visitors. Incidents resulting in damage to property will be documented on an Incident Report (P-1006) and provided to the Superintendent.
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e. Each Center will ensure that the standard
departmental warning notice regarding
contraband and searches is permanently posted
at the entrance to the facility. Searches of a
visitor’s person should not occur unless
ordered by the Superintendent or designee.
L. Reporting for Visits
1. Residents
a. Residents will be positively identified and are
subject to a personal search of their body and
personal effects when entering and leaving the
visiting area.
b. Residents will be clean and neat, have their
hair neatly trimmed. Male residents will be
clean-shaven or in compliance with the shaving
profile.
c. Residents will be allowed to wear a religious
medal on a necklace, and a wedding band/ring
into the visiting room. Necklaces with no
religious pendant are contraband per SOP IIB06 0001, "Inmate Property Standards." No watches
will be permitted to enter or leave the
visitation area on the person of an inmate.
d. Residents will be properly dressed. Coats and
jackets will not be taken or worn to the
visitation area.
2. Visitors
ALL VISITORS will be required to sign in and out on
the Resident Visitor’s Register (Attachment 1). The
adult visitor responsible for a small child will
sign in the minor. The register shall be dated and
countersigned by the correctional officer in charge
and subsequently shall be maintained on file at the
facility.
a. Each page of the Visitor’s Register shall
reflect the statement contained in GDC Rule
125-3-4-.06-(3). In addition, the statement
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contained in this rule will be posted on a sign
in a visible area at the entrance of the
facility for all visitors to read.
b. Visitors are allowed to bring only those items
identified by the facility (i.e.,
identification card, car keys).
1) No food or drink will be brought into the
facility from the outside
2) Funds from visitors will be accepted only
through the mail.
3) Musical instruments, radios, pets,
cameras, or tape recorders will not be
allowed in the visiting area.
c. Visitors will be logged out as they depart the
visitation area.
M. Supervision of Visits
Visiting Room officers will supervise visits to insure
strict compliance with all applicable regulations and
procedures. This supervision may include monitoring with
a camcorder or closed circuit television system.
1. Specific areas of the facility are designated for
visitation. Residents and their visitors are
required to remain in the area to which they are
assigned. Any violation of these parameters may
result in the immediate termination of the visit.
2. During visitation, Security will maintain an
accurate accountability of all residents and
visitors present. Residents will be accounted for
prior to their visitor's departure.
N. Parenting Program
1. Children brought into the facility by a caretaker or
guardian to visit resident/parent as part of a
parenting program (if available), shall remain with
the caretaker/guardian until the resident/parent
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arrives in the visiting room. At this point the
resident/parent will assume responsibility for his
or her children.
O. Conduct and Responsibility of Inmates and Visitors
1. Residents may greet their visitor(s) upon
identification and clearance by Security. Residents
and the visitor(s) will take a seat and will remain
seated except to go to the rest room, to get
something from the vending machines or to speak to
the officers. No visiting from table to table or
corner to corner will be permitted. Visitors and/or
residents may not leave the visiting area once the
visit begins unless they desire to terminate the
visit.
2. Personal contact such as hand shaking, embracing or
kissing is permitted only at the beginning and
conclusion of the visit. Excessive, frequent or
prolonged embracing, kissing or other inappropriate
behavior is strictly prohibited. If a resident
and/or visitor exhibit these behaviors they will be
warned. If after being warned, the resident and
visitor(s) refuse to comply with the rule, the visit
will be terminated and the resident will receive a
disciplinary charge commensurate with the offense.
Repeated offenses may result in the visitor's name
being removed from the resident’s visitation list.
3. All visitors will sit in an upright position with
their feet on the floor and their shoes on. There
will be no lying down across two or more chairs; no
leaning or lying across residents or visitors; no
sitting between one another's legs; nor placing
one's feet in the lap of another individual. Also,
any other behavior that can be considered to be
intimate physical contact shall be prohibited.
4. No jackets, coats, etc. will be draped across the
laps of residents and/or visitors. Such items must be
worn in a normal manner or folded neatly and put away
during the visit.
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5. Visitors will be responsible for keeping children
under their control and within the bounds of the
visitation area. Visitors under the age of sixteen
(16) will not be permitted to visit with residents
other than the resident being visited by their parent
or guardian. All minors will be kept under the
immediate control and jurisdiction of the adult who
brought them to the facility.
6. Conspicuous inebriation or drinking of alcoholic
beverages prior to visiting will not be permitted
nor will the introduction of alcoholic beverages be
allowed within the facility's guard lines. Detection
of any use of alcoholic beverages will result in
disapproval of the visit and/or termination of any
visit in progress.
7. The use of illegal drugs or the possession of
illegal drugs is strictly prohibited. The detection
of illegal drugs will be grounds to disapprove
and/or terminate any ongoing visit without warning.
8. The introduction, or attempted introduction, of any
form of contraband into the visiting area or within
the center's Guard Line will result in appropriate
action being taken by both the Visiting Room and
administrative staff.
9. Any violation of these regulations may result in
immediate termination of the visit. Residents are
responsible for advising visitors of all current
visitation policies.
P. Clothing:
1. Residents are required to wear appropriate clothing
and to be neat and clean in appearance in accordance
with facility's guidelines. Residents will keep on
all items of clothing including shirts and shoes
during the visitation period.
2. Visitors are also required to wear appropriate
attire. Shoes are required of all visitors,
including children, at all times. Male visitors will
be required to wear shirts and full-length trousers.
If a visitor is wearing clothing not considered
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appropriate by the Security, they shall immediately
notify the OIC or the Duty Officer. The OIC or the
Duty Officer shall have the authority to do the
following:
a. Require the prospective visitor to change into
appropriate attire
b. Ask the visitor to wear a cover-up such as a
sweater, jacket, or other type of concealing
garment during the visit,
c. Terminate the visit entirely, especially if the
visitor refuses to cooperate with staff in this
matter. In the event the visit is terminated
the OIC shall notify the Duty Officer.
3. Inappropriate clothing shall include, but not be
limited to:
a. Dresses or tops with thin straps which expose
shoulders or chest area in any manner;
b. Tube tops or halters of any type;
c. Any type of clothing which reveals the stomach
or midriff area;
d. Any type of clothing that is made of sheer or
transparent material;
e. Shorts of any kind or any kind of slacks that
are above the knee. Children twelve (12) years
or under may wear shorts. Divided skirts less
than two inches above the knee are not
considered shorts.
f. Dresses, skirts or other similar garments that
are more than two (2) inches above the knees;
g. Females are required to wear foundation type
garments such as bras, panties, and slip;
h. Male visitors are not permitted to wear tank
tops or short tops of any kind, nor see-through
tops made of net or mesh webbing. Shorts are
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not permitted. Children twelve (12) years or
under may wear shorts.
i. Any other type of clothing that is suggestive
or revealing in any way shall be prohibited.
4. Residents may not allow a visitor to wear any of the
resident’s clothing at any time. Residents may not
wear any of the visitor(s) clothing while in the
visiting room or any of the visitor(s) jewelry or
have in his possession anything owned by the
visitor(s). This procedure will be strictly adhered
to and will be enforced by Security.
Q. Vehicles
1. All visitors' vehicles will be parked in the
center's designated visitor parking lot. All windows
must be closed and doors locked. Visitors will not
park in any of the restricted areas, which have been
marked.
2. No persons or pets will be left in vehicles parked
in the parking lot on State property for any reason.
R. Disturbances
1. Visitors may be barred from the facility during
facility's disturbances or emergency situations.
S. Denial of Visit
1. The OIC or Duty Officer possesses first authority to
deny visits. When in doubt, staff should request
guidance from the Duty Officer. Denial of a visit
may be the result of a visitor not being on the
approved visiting list, inappropriate dress,
detection of use of alcohol or drugs, or other
situations that the Superintendent/ designee believe
will endanger the security of the facility. Any
visit that is denied must be documented on the
Resident Visitor Register (Attachment 1). Use at
least two lines on the log: one for the resident and
one for each visitor denied. State the name of the
resident to be visited, the visitor's name, action
taken and the reason for denial of visit. Forward a
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copy of the log to the Assistant Superintendent or
Chief of Security.
T. Rights Of The Department of Corrections
1. Under the rules of the Board of Corrections,
visitation is a privilege and not a right. Georgia
Department of Corrections has the right to refuse
visitation to anyone who is suspected of, is caught
on the premises with contraband, attempts to or
introduces contraband onto/into the premises of
Georgia Department of Corrections facilities, or who
has been repeatedly warned about a particular
action. Moreover, GDC may suspend or revoke a
resident’s visitation privileges as a disciplinary
sanction for violations of visitation rules. GDC
also may temporarily suspend visitation privileges
to meet special security needs of the facility.
VII. RETENTION SCHEDULE:
Attachment 1 – Resident Visitor’s Log will be kept locally for
one year and then destroyed.
Attachment 2 – Significant Other will be placed in the inmate
case history file and will be kept according to the official
retention schedule for case history files.