SOP 222.09: Compassionate Visit

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|
|Policy Number: 222.09|Effective Date: 10/17/2018|Page Number: 1 of 5|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access
|

I. Introduction and Summary:

A. Under the Rules of the Georgia Department of Corrections (GDC) Board, an

offender, unless under a death sentence, may be permitted a Compassionate Visit
to attend a funeral of an immediate family member or visit a critically ill member
of their immediate family under prescribed conditions.

B. Offenders may also be provided the opportunity to visit with their immediate

families during times of emotional difficulty. This is accomplished within the
departmental rules and based upon the Warden’s or Superintendent's determination
of the offender’s reliability and trustworthiness.

II. Authority:

A. O.C.G.A. §§ 42-5-56, 42-5-80 thru 85, and 19-3-1.1;

B. GDC Board Rules: 125-2-4-.15 and 125-3-4-.02;

C. GDC Standard Operating Procedures (SOPs): 209.01, Offender Discipline;

203.04, Notification/Clearance of Escapes; 225.01, Escape Plan; and 215.07,
Resident Passes and Leaves; and

D. ACA Standards: 4-4445, 4-4447, 4-4500, and 4-4500-1.

III. Definitions:

A. Compassionate Visit - Offender leaves from a facility or center to attend the

funeral of an immediate family member or visit a critically ill member of his family
in the custody of a sheriff, sheriff's deputy, or a correctional officer designated by
the Warden or Superintendent. Compassionate visits for Transitional Center
residents will be handled according to SOP 215.07, Resident Passes and Leaves,
unless circumstances require compliance with this policy.

B. Immediate Family - A grandparent, parent (including step-parents, parent through

adoption, or person who acted in the capacity of a parent), spouse, brother, sister,
child (including step-child or adopted child), and grandchild. A spouse or stepchildren from a common law marriage that occurred on or before January 1, 1997

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|
|Policy Number: 222.09|Effective Date: 10/17/2018|Page Number: 2 of 5|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access
|

may be considered immediate family if they meet visitation criteria adopted by the
Board of Corrections.

C. Offender - For the purposes of this procedure any offender housed in a facility

under the jurisdiction of the Georgia Board of Corrections. This includes public
and private prisons, county correctional institutions, probation detention centers,
revocation centers, boot camps, substance abuse treatment centers, and when
required, transitional centers.

D. Sexual Offense - As used in this SOP, the term sexual offense means a violation

of O.C.G.A. §16-6-1, relating to the offense of rape; §16-6-2, relating to the
offense of aggravated sodomy; §16-6-5.1, relating to the offense of sexual assault
against a person in custody; §16-6-22, relating to the offense of incest; or §16-622.2, 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 §16-6-3, relating to the offense of statutory rape; §16-6-4, relating to
the offenses of child molestation and aggravated child molestation; or §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.

IV. Statement of Policy and Applicable Procedures:

A. An offender may be released into the temporary custody of a sheriff or a deputy

sheriff for the purpose of a bona fide Compassionate Visit (i.e. to attend the funeral
of an immediate family member or visit a critically ill member of his family)
provided the sheriff accepts responsibility for the physical custody, control, and
return of the offender to the facility or center in a manner and a time prescribed by
the Warden or Superintendent.

B. Any offender with a current or prior conviction for any sexual offense as defined

in the Definitions Section of this 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 offender and such person is not
the victim of a sexual offense for which the offender was convicted. If visitation
with a minor is restricted by court order, permission for special visitation with the
minor may be granted only by the court issuing such order.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|
|Policy Number: 222.09|Effective Date: 10/17/2018|Page Number: 3 of 5|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access
|

1. The offender shall not be released to the custody of a member of the offender's

family.

a. A family member shall not be deputized to assume custody of the offender.

Nor shall the offender be released to a sheriff or deputy who is related to
the offender.

b. If an offender is not returned by the prescribed time, then the sheriff's office

(one having custody of the offender) shall be contacted immediately.

c. The sheriff or deputy into whose custody an offender is released shall not

take the offender to any location other than the funeral home, church or
other location at which the Immediate Family member’s funeral is being
conducted or the location at which the Immediate Family member is being
cared for. The offender may be housed at the county jail on the way to or
from these locations, if needed, for logistical reasons. The offender shall
remain in the physical presence of the sheriff or deputy throughout the
Compassionate Visit. At no time shall the offender be left alone with the
Immediate Family member or other members of his or her family.

2. All Compassionate Visit Requests for Sex Offenders, offenders convicted of

Murder, and Out of State Reprieves shall be referred to the State Board of
Pardons and Parole.

3. The Warden or Superintendent shall take into consideration the following

when deciding whether to grant or deny a Compassionate Visit request:

a. Offender's attitude;

b. Record;

c. Security Classification;

d. If the visit is in the best interest of the offender, his family, the facility or

center, offender's community and the general public; and

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|
|Policy Number: 222.09|Effective Date: 10/17/2018|Page Number: 4 of 5|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access
|

e. The Warden or Superintendent shall also review the offender’s institutional

file to ensure compliance with section II. B., of this SOP, and direct
necessary corrections to the identified offender’s visiting list or requests
regarding a Compassionate Visit. The review shall be documented in
SCRIBE, in a case note.

4. The Warden or Superintendent may designate a correctional officer to transport

an offender in an official vehicle.

5. An offender under the jurisdiction of the State Board of Corrections and who

is a mental health patient at Correct Care Recovery Solutions shall be permitted
to take a Compassionate Visit only with the consent and under the
circumstances dictated by the authorities of Correct Care Recovery Solutions.

6. An offender may take a Compassionate Visit/Reprieve outside the boundaries

of the State of Georgia on the authority of an Executive Agreement between
the Governor of Georgia and the Governor of the other state. In some
circumstances, a similar visit may be arranged through the State Board of
Pardons and Parole.

7. The Facility Chaplain, or Counselor, shall be responsible for verifying the

death or serious illness of an offender’s family member, notifying the offender
in a timely manner, completing Attachment 2, Crisis Form, and contacting the
Office of Victim Services.

8. The Facility Chaplain, or Counselor, shall be responsible for contacting the

State Board of Pardons and Parole, if necessary, to comply with section IV. B.
2., of this SOP.

9. The Chaplain, or Counselor, shall be responsible for completing Part 1, Initial

Contact Information of Attachment 2, prior to contacting the Office of Victim
Services. Once verification has been made, the Director of Victim Services or
their designee, shall be contacted via telephone and email in accordance with
the information provided to each facility on the Georgia Office of Victim
Services Critical Contact List.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|
|Policy Number: 222.09|Effective Date: 10/17/2018|Page Number: 5 of 5|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access
|

10. The Director of Victim Services or their designee, shall verify if there is a

registered victim(s) of the offender. If a victim(s) exists, Victim Services shall
notify the victim(s) of the offender’s request. After notifying the victim(s),
Victim Services shall contact the Facility Chaplain, or Counselor, via
telephone and email, and advise of the recommendation.

NOTE: All information from the Office of Victim Services shall remain

confidential, and shall not be the sole basis for approval or denial.

11. Once all information has been verified and The Office of Victim Services has

rendered their recommendation, Attachment 2, Crisis Form, shall be completed
and the Warden/Superintendent shall render a decision. The Chaplain, or
Counselor, shall be responsible for notifying the Director of Victim Services
or their designee, family member(s), Sheriff’s Department, and the offender of
the final decision. Attachment 2, shall be emailed to the Director of Victim
Services or their designee.

12. Prior to the offender departing the Facility, Attachment 1, Compassionate Visit

Form, shall be completed. The releasing GDC Supervisor shall be responsible
for completing and reading Attachment 1 to the receiving Sheriff’s Deputy and
the offender and ensuring that both receive a copy. The
Warden/Superintendent or their designee, shall be responsible for contacting
the Communication Center once the offender departs the facility and upon
return.

13. The Communication Center Staff shall also be responsible for contacting the

Director of Victim Services or their designee, in accordance with the
information provided to each facility, the Georgia Office of Victim Services
Critical Contact List, to advise that an offender has departed the facility and
upon the offender’s return. Victim Services shall notify the victim(s), of the
departure and return of the offender.

V. Attachments:

Attachment 1: Compassionate Leave Form; and
Attachment 2: Crisis Form.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|Policy Name: Compassionate Visit|
|Policy Number: 222.09|Effective Date: 10/17/2018|Page Number: 6 of 5|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access
|

VI. Record Retention of Forms Relevant to this Policy:

Upon completion and distribution of Attachment 1 and 2, copies shall be placed in
offender’s institutional file. Attachment 2 shall be sent to the Office of Victim Services
and made a permanent and confidential part of the Office of Victim Services’ files.