Kan. Admin. Regs. § 123-5-505

Current through Register Vol. 43, No. 40, October 3, 2024

Section 123-5-505 - Offender visitation

(a) Facility orders shall be promulgated to govern offender communication with family, friends, relatives, and others through visits to the facility. Further elaboration of this regulation through the internal management policies and procedures shall be made by the commissioner or designee, particularly with respect to establishing a system of identifying a primary visitor for each offender. The following procedures shall be observed by the staff in the administration of visits.

(1) A suitable area and reasonable space within the facility shall be provided for offender visitation. All visits shall be held in the area provided, except when the superintendent or designee grants authority for a visit to be conducted elsewhere. For reasons of security and order in the facility, a visit may be allowed by the superintendent or designee with the stipulation that physical contact between the offender and visitor shall not be permitted. All visits, except those provided for in subsection (b), shall be subject to visual and sound monitoring of actions and conversations during the visit.

(2) Any offender may make a list of not more than 20 friends or relatives for the purpose of visiting the offender in the facility. Each proposed visitor shall be informed of the following requirements:

(A) No person under the age of 18, who shall be referred to as a "minor child," shall be allowed to visit, unless the minor child is a member of the offender's immediate family. For the purpose of this subsection, "immediate family" shall mean siblings, stepsiblings, children, stepchildren, and spouse.

(B) No minor child who is a member of the offender's immediate family, except the spouse, shall be allowed to visit unless the minor child is accompanied by a parent, legal guardian, or an adult having a power of attorney from the minor child's parent or legal guardian vesting the person accompanying the minor child with authority to transport and supervise the minor child on the premises of the facility for the purpose of visiting the offender.

(3)

(A) Notwithstanding any visiting list restrictions, an offender's attorney or a clergy member shall be permitted to visit the offender at reasonable times, unless a clear abuse of this privilege has occurred or unless there is reason to believe that such a visit could prove dangerous or harmful to the security and order of the facility or to the rehabilitation of any offender.

(B) If an individual requests to visit an offender but is not listed on the offender's visitor list or if an individual is listed but has not yet been approved for visitation, the individual shall be interviewed and identified by authorized personnel. If the requested visit conforms to all facility and agency requirements, a one-time visit may be approved pending further investigation and approval of subsequent visits.

(C) No person who has been convicted of any felony or a narcotic offense shall be permitted to visit any offender, unless prior, written approval is given by the superintendent or designee.

(D) Each offender's refusal to see a particular visitor shall be documented in the offender's facility record.

(4) Each visitor in the facility shall meet the following requirements:

(A) Wear appropriate attire as described and published by the superintendent;

(B) not exchange any written material, article, or merchandise of any sort with the offender, unless doing so is in accordance with regulations, internal management policies and procedures, and facility orders;

(C) be on the approved visitor list of only one offender in the same facility, unless that visitor meets one of the following requirements:

(i) Is a member of the immediate family, as defined in paragraph(a)(2) of this regulation, of more than one offender in the facility; or

(ii) is an approved mentor, pursuant to a mentoring program approved by the commissioner or designee, to the offenders on whose list the visitor appears;

(D) sign the facility's register before and after each visitation;

(E) be subject to search, photographing, and fingerprinting;

(F) have visitation restricted or terminated if the facility's security needs so warrant; and

(G) not distribute anything inside the facility without prior, written permission from the superintendent or designee.

(5) No person who formerly was a juvenile justice authority employee, who formerly worked at a facility as an employee of an entity under contract to provide services to the facility, or who formerly was a volunteer at a facility shall be permitted to visit an offender except under either of the following conditions:

(A) At least one year has passed since the person's employment or volunteer status was terminated, unless the individual is related by blood or marriage to the offender. If the individual has a blood or marital relationship with the offender, the former employee, former contract employee, or former volunteer may nonetheless be subject to the minimum two-year waiting period under the requirements specified in paragraph (a)(5)(B). Approval of visits after one year shall be at the discretion of the superintendent upon written request of the offender or former employee, former contract employee, or former volunteer. If the superintendent disapproves the visits, the offender and the former-employee, former contract employee, or former volunteer shall be notified by the superintendent of the specific reasons for the denial.

(B) If barred from a facility because of undue familiarity with an offender or for trafficking in contraband, whether or not convicted of any criminal offense in connection with the instance of undue familiarity or trafficking, the person shall not be permitted to have visits with any offender for a minimum of two years after the effective date of the order barring the person from any facility. The approval of visits after two years shall be given at the discretion of the superintendent and with the approval of the deputy commissioner of operations, upon written request of the offender or the former employee, former contract employee, or former volunteer.

(6) Any individual who is currently a juvenile justice authority employee, contract employee, or volunteer and who is related by blood or marriage to an offender may be permitted to visit the offender, at the discretion of the commissioner or designee and with the recommendation of the superintendent of the facility where the offender is assigned.

(7) Designated personnel shall be present during all visitations and shall supervise visits to the extent that is appropriate to protect the nature and privacy of the relationship between the offender and visitor and to maintain security and control.

(8) Any visitor's visiting privileges may be suspended if the visitor violates any regulation, internal management policy and procedure, or facility order pertaining to visitation. An offender's visiting privileges may be suspended if the offender is convicted of a disciplinary violation, whether or not the offender's conviction relates to the violation of a regulation, internal management policy and procedure, or facility order pertaining to visitation.

(A) The length of any suspension of visiting privileges shall be determined by the superintendent or designee, subject to the limitations specified in paragraph (a)(8)(B).

(B) The initial length of a suspension of visiting privileges imposed for violation of a facility order shall not exceed one year. At its termination, the suspension shall be subject to review by the superintendent or designee and may be extended for successive periods of six months each. Each extension of a suspension shall be reviewed by the superintendent or designee at its termination.

(9) Any visitor's visiting privileges may be permanently suspended, and the visitor may be barred from entering on the grounds of any facility if all of the following conditions are met:

(A) Some credible evidence demonstrates that the visitor has committed or attempted to commit, conspired regarding, or solicited any of the following types of misconduct:

(i) Facilitating an escape;

(ii) assaulting or battering a juvenile justice authority employee, contract employee, or volunteer;

(iii) communicating a threat proscribed by K.S.A. 21-3419, and amendments thereto, to a juvenile justice authority employee, contract employee, or volunteer;

(iv) engaging in sexual intercourse, sodomy, or lewd fondling and touching with an offender while on the grounds of a correctional facility, whether or not the sexual contact at issue was consensual; or

(v) violating K.S.A. 21-3826, and amendments thereto.

(B) The permanent suspension of visiting privileges and banning of the person from entering the grounds are recommended by the superintendent of the affected facility.

(C) The permanent suspension of visiting privileges and banning of the person from entering the grounds are approved by the deputy commissioner of operations.

(10) Upon a determination of reasonable suspicion, any person, including a visitor, shall be subject to search before entering and while remaining on the grounds of a correctional facility. A person's visiting privileges shall be suspended for a period of one year and restricted to noncontact visiting for an additional six months if the person refuses to be searched before or after gaining access to facility grounds for the purpose of visiting an offender.

(b) A place shall be provided that permits confidential conversation for private consultation by attorneys, clergy members, and other persons having a statutory right of privileged communication, except a spouse, who shall be treated as any other visitor. Only those measures necessary to preserve security shall be permitted to interfere with the consultation. Sound monitoring shall not be permitted, and visual monitoring shall be permitted only when necessary to maintain security.

(c) The requirements of this regulation shall apply only to the visitation provided for in the "offender privileges and incentives" IMPP or the facility's behavior management system. All visits to offenders authorized by a program otherwise implemented by regulation or internal management policy and procedure shall be governed by the provisions established for that program.

This regulation shall be effective on and after April 8, 2005.

Kan. Admin. Regs. § 123-5-505

Authorized by K.S.A. 2004 Supp. 75-7024 and K.S.A. 76-3203; implementing K.S.A. 75-7001, K.S.A. 2004 Supp. 75-7024, and K.S.A. 76-3203; effective April 8, 2005.