Idaho Admin. Code r. 06.01.01.117

Current through August 31, 2023

Section 06.01.01.117 - ACCESS TO DEPARTMENT PROPERTIES

In order to maintain the secure and orderly operation of Department correctional facilities, community reentry centers (CRCs), and district probation and parole offices, the Department shall control access to these Department properties. Any person entering onto and/or into a correctional facility, CRC, or district probation and parole office property, shall do so at their own risk and will be required to comply with all written and/or verbal security and control measures. The Department shall not allow public access to any correctional facility, CRC, or district probation and parole office property without approval of the Board, director, division chief, deputy division chief, district manager, or facility head. The Department may consider any person who enters onto and/or into a correctional facility, CRC, or district probation and parole office property without a business purpose or approval to be trespassing and subject to arrest and prosecution pursuant to Idaho Code. (7-1-21)

01.Persons and Vehicles Subject to Search. All persons and vehicles entering onto and/or into a correctional facility, CRC, or district probation and parole office property, may be subject to search. All unattended vehicles parked at a correctional facility, CRC, or district probation and parole office property must be locked and have keys removed. All vehicles entering the secure perimeter of a correctional facility shall be searched upon entering and exiting the facility. (7-1-21)

02.Photo Identification Required. The identification of all Department visitors is necessary to ensure staff safety and building security. All Department visitors shall identify themselves to Department staff upon entering Department property. The identification of visiting employees may be made by visual recognition or the request to see a Department-issued identification card. The identification of all other visitors, not inclusive of officials escorted by a member of the Board, director, division chief, deputy division chief, district manager, or facility head, shall be through photo identification or law enforcement/peace officer badge, or both. (7-1-21)

03.Contraband Prohibited. The items allowed onto or into a correctional facility, CRC, or district probation and parole office property shall be controlled. Unauthorized items are called contraband and any person who brings or attempts to bring contraband onto or into a Department property may be subject to arrest and prosecution. (7-1-21)

04.Possessing Firearms and Other Deadly or Dangerous Weapons. Without the approval of the director or division chief, no person shall be allowed to enter into or onto Department Property and restricted areas with a firearm or other deadly or dangerous weapon as defined below. (7-1-21)

a. 'Restricted area' means any area Department property in which certain security measures are carried out for the purpose of protecting staff or Department property, or both, from harm or theft. (7-1-21)

b. 'Possess' means to bring a weapon, firearm, or other deadly or dangerous weapon, or to cause such items to be brought into Department property or Department vehicles. (7-1-21)

c. 'Firearm' means any weapon, whether loaded or unloaded, from which a shot, projectile, or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether such firearm is operable or inoperable. (7-1-21)

d. 'Deadly or dangerous weapon' means a weapon, device, instrument, material, or substance that is used for, or is readily capable of, causing death or serious bodily injury. (7-1-21)

05.Visiting Inmates. Visitation is allowed at the discretion of the facility head or designee. Nothing in these rules establishes a right to visit any inmate. The facility head will determine whether a visit is contact or noncontact. All visitors must be approved in advance, unless an exception is granted by the facility head. All visitors are subject to a criminal background investigation and a check for outstanding warrants. Visitors are responsible for reading and following the Department's rules that govern visiting. (7-1-21)

a. Restricted Visitors. The Department may restrict any person from visiting an inmate, including, but not limited to: (7-1-21)

i. Former inmates. (7-1-21)

ii. Probationer or parolee. (7-1-21)

iii. Minor children who are not an immediate family member of the inmate. (7-1-21)

iv. A minor child who was the victim of a violent or sexual crime where the inmate was the perpetrator of the crime, whether a conviction resulted or not. (7-1-21)

v. Current or former Department employee, volunteer, vendor, intern, or contractor. (7-1-21)

vi. A person who has pending criminal charges. (7-1-21)

b. General Standards. A person shall not be on the approved visiting list for more than one (1) inmate at a time unless the person is the immediate family of more than one (1) inmate being visited. A person will not be approved to visit an inmate if within six (6) months before the current application the person was an approved visitor on another inmate's visiting list. (7-1-21)

c. Termination of Visits. A visit may be suspended, restricted, or terminated at any time, for any period of time (including permanently), for violation of any of the following: (7-1-21)

i. Board rule; (7-1-21)

ii. Department policy, standard operating procedure, directive, or field memoranda; or (7-1-21)

iii. At the discretion of the facility head or designee. (7-1-21)

iv. Persons who have had visiting privileges permanently terminated may apply within fourteen (14) days to the chief of the division that governs the facility for reconsideration of the termination decision, and on an annual basis thereafter. (7-1-21)

d. Attorney Visits with Inmates. An attorney or approved agent may visit with an inmate consistent with this section and must abide by all Department regulations, policies, and standard operating procedures governing visiting. (7-1-21)

i. Visits between inmates under the sentence of death and attorneys will be permitted pursuant to Section 19-2705, Idaho Code. (7-1-21)

ii. Visits with groups of inmates will not be permitted unless the Office of the Attorney General has verified class certification or co-parties. (7-1-21)

iii. For safety and security purposes, the facility head may assign staff to supervise visits between inmates and attorneys or their approved agents. (7-1-21)

06.Tours or Sanctioned Activities. (7-1-21)

a. Tours. The Department may allow tours of facilities and property according to procedures approved by the director and tours will take place at times that ensure the safety and convenience of the facility or Department property. (7-1-21)

b. Sanctioned Activities. Under certain circumstances, and with an invitation from the director or designee, an individual may attend events or program activities held at a facility as long as attendance does not interfere with penological interests. (7-1-21)

07.Termination. Any visit, tour, sanctioned activities, or services shall be subject to immediate cancellation upon violation of Department rule or policy. (7-1-21)

Idaho Admin. Code r. 06.01.01.117