Section 3170.1 - General Visiting Guidelines(a) Visiting is permitted only in designated areas and at designated times.(b) Incarcerated persons shall not be permitted to visit during the hours of their assignment to work, training, Career Technical Education program and/or academic education, except as provided in section 3045.2.(c) No limitations shall be placed on the number of visitors approved to visit an incarcerated person. However, limitations on the length and frequency of visits may be imposed to avoid overcrowding or the inequitable allocation of visiting time or for other reasons as provided in section 3176. (1) An incarcerated person shall not be permitted a contact visit with more than five persons, including minors, at the same time. Groups of visitors in excess of five may be accommodated only once per visit by means of rotation through the visiting area. Such rotation shall be considered a single visit in the event it is necessary to terminate a visit in progress in accordance with 3176(a)(9) and (10).(2) An incarcerated person shall not be permitted a non-contact visit with more than three persons, including minors, at the same time. Groups of visitors in excess of three may be accommodated only one per visit by means of rotation through the visiting area. Such rotation shall be considered a single visit in the event it is necessary to terminate a visit in progress in accordance with 3176(a)(9) and (10).(d) Visiting with more than one incarcerated person at the same time, shall require that both incarcerated persons are approved to visit in the same visiting room, and that either: (1) The visitors and incarcerated persons are immediate family members as defined in Section 3000; or(2) The visitor(s) has prior written approval from the institution/facility head or designee.(e) Incarcerated persons undergoing reception center processing shall be limited to non-contact visiting. If non-contact visiting cannot be accommodated because of physical plant limitations, the institution head shall take such limitations into account in establishing an alternative visiting plan. Incarcerated persons with disabilities, who remain at the reception center for extended stays (exceeding 60 days) due to their disability, shall be authorized regular visiting privileges.(f) Incarcerated persons assigned to a Restricted Housing Unit (RHU) shall be eligible for non-contact visits only. On a case-by-case basis, the institution head or designee may allow contact visits for administratively restricted incarcerated persons. Visitors who have made appointments in advance for non-contact RHU visits shall be given priority. Non-contact visits shall be scheduled in one-hour increments and may be extended based on space availability. When overcrowding occurs, those who have visited at least one hour and who have been visiting for the longest time may have their visits terminated as outlined in subsections 3176(a)(9) and (10).(g) During contact visits, the incarcerated person and visitor may pass, exchange, or examine any items of property or consume any items of food or beverage that either party is permitted to bring into or purchase in the visiting area, except for items that are contraband under section 3006. Neither the incarcerated person nor the visitor shall take any property items out of the visiting area that were passed or exchanged from the other party, except for legal documents as provided in section 3178 and photographs that were taken during the visit. Neither the incarcerated person nor the visitor shall take any food or beverage items out of the visiting area.(h) Possession and/or use of a cell phone, wireless communication device or their components thereof is prohibited within the secure perimeter of the institution without authorization. Any such unauthorized device is subject to confiscation and the visitor may be subject to penalties allowed by law. Any visitor who brings such devices inside the secure perimeter is deemed to have consented to the department to preventing electronic communications to and from the device. Notice shall be posted in areas where visitors are searched.Cal. Code Regs. Tit. 15, § 3170.1
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601(c)(2), 4570, 4576 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601(c)(2), 4570, 4576 and 5054, Penal Code.
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Change without regulatory effect amending subsection (c)(1) and amending Note filed 5-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 21).
3. Amendment of subsection (d)(1) filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
4. Amendment of subsection (g) filed 5-25-2010; operative 6-24-2010 (Register 2010, No. 22).
5. New subsection (h) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
7. Amendment of subsection (b) filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5/14/2014 (Register 2014, No. 20).
9. Amendment of subsection (f) filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (f) refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
11. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
12. Certificate of Compliance as to 4-8-2024 order transmitted to OAL 6-18-2024 and filed 7/31/2024 (Register 2024, No. 31).