Section 3176 - Denial, Restriction, Suspension, Termination or Revocation of Visits and Exclusion of a PersonThe terms "approve," "disapprove" "deny," "restrict," "suspend," "terminate," "revoke," and "reinstate" as used in this article apply to actions which may be taken by the institution head or designee for the administration of visiting. The director or institution head may, for cause, exclude a person from entering institutions/facilities of the Department. All such actions are subject to the provisions set forth in this article.
(a) The official in charge of visiting may deny an approved visitor access to an institution or facility, terminate, or restrict a visit in progress for the following reasons: (1) The visitor appears to be under the influence of alcohol, drugs or other substance to the extent that his or her presence in the institution/facility would pose an undue threat to his or her safety or the safety of others, or to the security of the institution/facility.(2) The visitor does not provide the identification and/or documentation required as set forth in these regulations.(3) The visitor refuses to submit to a search or inspection of their person, property, or vehicles brought onto the institution or facility grounds. (A) Visitors who refuse to submit to an unclothed body search, where reasonable suspicion exists, shall have their visiting privileges denied for that day. Future visits may be conditioned upon the visitor's willingness to submit to an unclothed body search prior to being allowed to visit. Such searches may be repeated on subsequent visits for as long as institution or facility officials have reasonable suspicion to believe the visitor may be attempting to introduce contraband, unauthorized substances or items into the institution or facility.(B) The willingness or unwillingness of the visitor to submit to a search shall not affect conditions or restrictions placed on an incarcerated person's visiting privileges by a disciplinary or classification committee unless the incarcerated person is found in a subsequent disciplinary hearing to have been a conspirator to smuggle contraband into or out of the institution/facility.(4) Conduct in violation of institution/facility procedures, including excessive physical contact, refusal to follow staff instructions, disruption of the visiting/processing area, destruction/alteration of visiting documents, or any other behavior that would constitute a misdemeanor or felony or repetition of less serious violations and disregard for a warning about such violations.(5) The visitor is not appropriately dressed.(6) The visitor is under 18 years of age and the conditions prescribed in section 3173(b) have not been met.(7) The visitor has a medically implanted or prosthetic device, cannot clear the contraband or metal detection devices, and does not provide the written verification required in section 3173.2(d).(8) The visitor requires the use of a wheelchair or other assistive device(s) for mobility impairment, but does not provide the written verification as required in section 3173.2(e), or refuses to temporarily transfer to a designated institution/facility wheelchair while the visitor's personal wheelchair is being inspected.(9) The maximum capacity of the visiting area has been reached and to allow others to visit it is necessary to terminate the visits of those persons who have been visiting for the longest period of time. Exceptions shall include, but are not limited to the following: (A) Excessive Distance: The visitor has traveled a distance of 250 miles or more, and has not visited within the last 30 days. This exception applies to two consecutive days of visiting.(B) Weddings: When an incarcerated person and the visitor's marriage ceremony occurred on that day.(C) Disabled: A disabled visitor who must rely on special transportation to the institution/facility.(D) Family Emergencies: When death, serious illness or injury occurs to an incarcerated person's immediate family as defined in Section 3000. Clergy or approved visitors may visit the incarcerated person to offer condolences or inform the incarcerated person of the occurrence.(E) Infrequent Visits: When the visitor has not visited the incarcerated person in the last six months.(10) When the overcrowding situation persists, visits of those remaining will be terminated as necessary.(b) Written notification on a CDCR Form 887-B (Rev. 02/23), Notice of Visitor Warning/Termination/Suspension/Denial/Revocation, which is incorporated by reference, shall be provided to the visitor when action is taken by the official in charge of visiting to deny, terminate or restrict a visit. The written notification shall contain information instructing the visitor how to appeal the action as outlined in section 3179.(c) The institution head or designee may revoke or suspend an approved visitor's future visits for a specified period of time for the following reasons:(1) Information, which would have resulted in disapproval of visits in section 3172.1, becomes known after approval to visit has been granted.(2) The visitor has been involved in a serious violation or multiple less serious violations of CDCR regulations.(3) Visitors who participate in Sexual Activity in a visiting room may have their access to the visiting program suspended for up to 6 months. A second violation may result in a suspension of up to one year. A third or subsequent violation may result in exclusion.(d) The ranking custody officer on duty or the official in charge of visiting may restrict visits, but may not deny visiting, as a temporary security measure when an incarcerated person is scheduled for a hearing on a serious rules violation or for classification on an order for placement in a restricted housing unit. Subsequent disciplinary or classification committee action will supersede any such temporary action.Cal. Code Regs. Tit. 15, § 3176
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
1. Editorial correction of printing error in subsection (c) (Register 92, No. 5).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
3. Amendment of subsection (a)(9)(D) filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
4. New subsection (c)(3) filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
5. Change without regulatory effect amending subsection (c)(2) filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).
6. Amendment of subsection (d) 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.
7. Amendment of subsection (d) 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.
8. Amendment of subsections (a), (a)(3)-(a)(3)(A) and (b) filed 4-22-2024; operative 4/22/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 17).
9. Change without regulatory effect amending subsections (a)(3)(B), (a)(9)(B), (a)(9)(D)-(E) and (d) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
10. Certificate of Compliance as to 4-8-2024 order transmitted to OAL 6-18-2024 and filed 7/31/2024 (Register 2024, No. 31).