Department of Corrections Visitation Rights
The act establishes visitation as a right for a person confined in a correctional facility (confined person). The department of corrections (department) may:
- Limit visitation for a confined person who is in restrictive housing or as a sanction following a conviction for a class 1 code of penal discipline violation;
- Reduce, but not eliminate, the number of visits available per week to a confined person as a result of an increase in the person's custody classification level;
- Temporarily deprive visitation as necessary for facility operations or for the safety of the facility, persons in the facility, and the general public; and
- Deny or cancel visitation for a confined person at any time as necessary to comply with requirements imposed by a court order, for victim safety, to prevent communication with a co-defendant, to preserve the integrity of a criminal investigation, to comply with treatment protocols, or for any other reason required by law.
Video visits may supplement, but must not take the place of, in-person visits when in-person visits are permitted.
If a confined person provides the department with reasonable notice that a requested visitation is for virtual attendance at a funeral or during or immediately following the birth of a child in the person's family, the act requires the department to make all reasonable efforts to allow the person to participate in the visitation via virtual attendance, or, if virtual attendance is not possible, via telephone.
The department may adopt policies to govern visitations, including policies necessary to allow visitation as part of routine facility operations.
The act states that it does not create a private right of action. The act permits a confined person to file a grievance with the department if the confined person alleges deprivation of visitation. The department is required to include information about visitation and grievances in its annual SMART Act hearing.
(Note: This summary applies to this bill as enacted.)