Cal. Code Regs. tit. 15 § 3170

Current through Register 2024 Notice Reg. No. 17, April 26, 2024
Section 3170 - General Visiting
(a) These regulations are made in recognition and consideration of the value of inmate visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing inmates for successful release and rehabilitation. It is the intent of these regulations to establish a visiting process in the institutions/facilities of the department that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of the institution/facility, and required prison activities and operations.
(b) The privacy of inmates and their visitors shall be respected subject to the need to verify the identity of an inmate or visitor; enforce laws, regulations, and procedures; and/or ensure the safety of persons and institution/facility security. Video-recording devices may be utilized in visiting areas, excluding family visiting units or confidential attorney consultation areas.
(c) Visits with inmates may, without prior notification, be terminated, temporarily suspended, or modified in response to an institution/facility emergency as determined by the institution head or designee. Emergency modifications of the visiting schedule shall be posted at the institution/facility as soon as practical and will be included in the automated telephonic visiting information system.
(d) Devices that do not allow physical contact between inmates and visitors shall not normally be used, except as provided in section 3170.1 or as necessary in the following circumstances:
(1) Physical contact with a visitor(s), or with other inmates, will seriously endanger the safety of persons or the security of the institution/facility,
(2) As a temporary measure for willful failure or refusal to abide by visiting regulations.
(e) Each inmate and visitor is responsible for his or her own conduct during visits. Any violation of laws, regulations, or local procedures governing visits may result in termination, suspension, revocation, or denial of visiting with the person or persons involved, as described in section 3176. Such violation may also result in exclusion from the facility, as described in section 3176.3.
(f) Reasonable accommodation shall be afforded visitors and inmates with disabilities to facilitate their full participation in contact, non-contact, or family visiting as provided in these rules.

Cal. Code Regs. Tit. 15, § 3170

1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
3. Amendment of subsection (d) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).
4. Amendment of subsections (a), (c) and (e) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
5. Editorial correction of printing error restoring subsection (g) (Register 94, No. 2).
6. Repealer of former article 7 (sections 3170-3179) and new article 7 (sections 3170-3179) and repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
7. Change without regulatory effect amending subsection (e) filed 5-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 21).

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 5054 and 6400, Penal Code; and In re French, 164 Cal Rptr. 800 (1980).

1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
3. Amendment of subsection (d) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).
4. Amendment of subsections (a), (c) and (e) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
5. Editorial correction of printing error restoring subsection (g) (Register 94, No. 2).
6. Repealer of former article 7 (sections 3170-3179) and new article 7 (sections 3170-3179) and repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
7. Change without regulatory effect amending subsection (e) filed 5-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 21).